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Huntsville City Zoning Code

ARTICLE 14

Enforcement

14.100 RESPONSIBILITY FOR ENFORCEMENT

The City Planner has primary responsibility for enforcing this Development Code.

Effective on: 1/1/1901

14.200 VIOLATIONS

Unless otherwise expressly allowed by this Development Code or state law, any violation of a provision of this Development Code—including but not limited to all of the following— may be subject to the remedies and penalties provided for in this Development Code.

  1. 14.201
    To use land or buildings in any way not consistent with the requirements of this Development Code;
  2. 14.202
    To erect a building or other structure in any way not consistent with the requirements of this Development Code;
  3. 14.203
    To sell or divide property that has not been platted as required by this Development Code;
  4. 14.204
    To adjust a lot or tract boundary or consolidate 2 or more lots or tracts of land that has not been platted as required by this Development Code;
  5. 14.205
    To file a plat or map with the Walker County clerk for a land division that has not been approved in accordance with the subdivision plat procedures of this Development Code;
  6. 14.206
    To fail to construct or install a public improvement described on an approved plat or on a document attached to an approved plat;
  7. 14.207
    To install or use a sign in any way not consistent with the requirements of this Development Code;
  8. 14.208
    To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this Development Code without obtaining such required permits or approvals;
  9. 14.209
    To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this Development Code in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;
  10. 14.210
    To violate the terms of any permit or approval granted under this Development Code or any condition imposed on the permit or approval;
  11. 14.211
    To obscure, obstruct or destroy any notice required to be posted or otherwise given under this Development Code;
  12. 14.212
    To violate any lawful order issued by any person or entity under this Development Code; or
  13. 14.213
    To continue any violation after receipt of notice of a violation.

Effective on: 1/1/1901

14.300 CONTINUING VIOLATIONS

Each day that a violation remains uncorrected after receiving notice of the violation from the City constitutes a separate violation of this Development Code.

Effective on: 1/1/1901

14.400 REMEDIES AND ENFORCEMENT POWERS

  • 14.401
    Fines

    Upon conviction, any person violating or failing to comply with any of the provisions of this Ordinance may be fined not less than $500 nor more than $2,000, with each day any violation or noncompliance continues constituting a separate and distinct offense.

  • 14.402
    Injunctions

    The power of injunction, as provided in Texas Revised Civil Statutes, may be exercised in enforcing this Development Code regardless of whether there has been a criminal complaint filed.

  • 14.403
    Property Owner Rights

    In addition to all other remedies and penalties authorized under this Development Code, the right is hereby conferred and extended to any property owner whose property may be affected by a violation of the terms of this Development Code, to bring suit in a court having jurisdiction and obtaining such remedies as may be available at law or in equity for the protection of the rights of such property owner.

  • 14.404
    Forfeiture and Confiscation of Signs on Public Property

    Any sign installed or placed on public property, except in compliance with the regulations of this Development Code, will be forfeited to the public and subject to confiscation. See also Sec. 8.403.

  • 14.405
    Withholding Services and Denying Permits

    The City may refuse to maintain streets, furnish water or sewer service, assign street numbers, or issue building permits for construction of any building for any property in any subdivision, development or in any lot or tract of land in the City that is in violation of this Development Code.

  • 14.406
    Other Penalties, Remedies and Powers

    The City may seek such other penalties as are provided by Texas law, including filing court action to:

    1. 14.406.A
      Enjoin the violation or threatened violation of a requirement of this Development Code;
    2. 14.406.B
      Recover damages in an amount adequate for the City to undertake construction or other activity necessary to cause compliance with this Development Code; and
    3. 14.406.C
      Recover civil penalties, plus court costs and attorneys fees, as allowed by law.
  • 14.407
    Appeals

    Enforcement actions taken by the City Planner or other administrative officials may be appealed by the affected party in accordance with Sec. 12.1000.

    • Effective on: 1/1/1901