Generally. This Article sets out the powers, remedies, and procedures of the City to enforce the provisions of these regulations prior to and in a court of competent jurisdiction. This Article shall not limit the powers of the City to pursue multiple or alternative actions, remedies, and penalties allowed herein or by law.

Applicability. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of these regulations shall be found to be in violation of City ordinance and shall be subject to the fines and penalties as established in this Article.

Conflict. In the event of a conflict between this Article and another provision of the Uniform Development Code, the more restrictive terms of the two shall prevail.

Generally. This Section establishes the authorities of the City and procedures to monitor, investigate, and enforce the provisions of these regulations.

Administration. The provisions of this Article shall be administered and enforced by the City Manager or their designee, in consultation with the City Attorney as may be necessary, or other officials in the exercise of this duty.

Filing a complaint. Any person may allege a violation of these regulations by written and signed complaint that is filed with the City. Such complaint shall state the factual basis for the alleged violation along with the complainant's contact information.

Right to enter. The designated City official shall have the right to enter upon any premises at any reasonable time for the purposes of making periodic inspection of a building's exterior and/or premises or investigating alleged violations as are necessary to enforce these regulations.

Compliance information required. Whenever the designated City official, on the basis of a sworn complaint from any person or on the basis of other information available to the official, has reason to believe that a violation of these regulations exists, they may require an owner/operator to provide information as may be necessary to determine the existence or extent of any violation.

Notice of violation. Upon determining a violation, the City shall issue a written notice of violation to the owner/operator of property upon which a violation of these regulations exists. Such notice shall set out the grounds upon which the notice is based, including the specific code section or sections at issue. Notices shall conform to the requirements of Section 54.005, Notices to Certain Property Owners, of the Tex. Local Gov't Code.

Correction of violation. Upon notification of a violation, the person responsible for the violation shall correct the violation immediately.

Generally. The City may use one or a combination of administrative enforcement efforts prior to and without judicial process to enforce these regulations.

Withholding or denying permits and approvals. The City may withhold, revoke, or deny all permits, approvals, or other authorizations on any land, building, or structure for which there is an uncorrected violation.

Suspension of permits. The City may suspend permits, including Conditional Use Permits, for a period of up to sixty (60) days to allow for the correction of the violation or the judgement of a court of competent jurisdiction.

Stopping work. The City may stop work on any site, building, or structure on such property where an uncorrected violation exists. The City Administrator or designee shall order the work stopped by notice in writing (referred to as a "stop-work order") served on any persons engaged in the doing or causing such work to be done. The stop-work order shall be posted on the property adjacent to the activity in question, and any such person shall stop work accordingly until authorized by the City to proceed with the work. It shall be unlawful for any person, other than the City to remove or tamper with a city stop-work order. The City may revoke permits as part of its effort to stop work pursuant to Subsection E, Revocation of Permits and Approvals, below.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, blast, excavate, grade, convert, equip, use, occupy, cause, permit, or maintain any building or structure or any portion of any building or structure in the city contrary to or in violation of any applicable provision of this article.

Structure moving is prohibited. It shall be unlawful for any person, firm, or corporation to move or cause to be moved over or along any street or highway within the city any house or other building, except a HUD-manufactured home or mobile home pursuant to this article.

Enforcement officers. The building inspector, his or her representatives, and any officer charged with enforcement of the ordinances of the city, including any peace officer of the city, may enforce the provisions of this article.

Authority of enforcement officer when immediate action is necessary. If an officer charged with the enforcement of this article shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner, occupant and/or responsible party for the property upon which such condition exists, as may be deemed appropriate and necessary.

Emergency action by council. If an officer charged with the enforcement of this article shall determine that a situation constitutes an immediate threat to the public health, safety and welfare, and the owner, occupant or responsible party for the property is absent or fails to immediately remedy the violation, the City Council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare. In such event, the city may prosecute an action in any court of competent jurisdiction to recover its costs.

Failure to correct conditions. If any owner, occupant or responsible party shall fail or refuse to remedy any of the conditions prohibited by this article within ten (10) days after written notice to do so, the city may do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the property, and such charge shall be a personal liability of such owner(s), occupant(s) and/or responsible parties to the city.

Service of notice. Notices required pursuant to this article shall be in writing. Such notices may be served upon such owner(s), occupant(s) and/or responsible party as follows in person by an officer or employee of the city: by certified letter addressed to such owner, occupant and/or responsible party at his/her post office address; or, if personal service may not be had or the owner, occupant, or responsible party's address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. The notice shall state "Building and Construction Regulations," "To Whom It May Concern" and a brief statement of the violation(s). Service of the notice by any one of the above methods, or by a combination thereof, shall be deemed sufficient notice.

Refusal of notice. If an owner is mailed a notice in accordance with Subsection E and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

Authorized; right of appeal. In addition to any other remedy provided in this article and cumulative thereto, the building inspector, after giving to the owner, occupant and/or responsible party of the property ten (10) days' notice in writing, as provided herein, may cause any of the work or improvements mentioned in this article to be done at the expense of the city, and cause all of the actual cost to the city to be assessed on the real estate or lot on which such expenses occurred; provided that the owner, occupant and/or responsible party of any such real estate may appeal to the board of adjustments and appeals from the order of the building inspector by filing an appeal, as provided in this article, within ten (10) days after receipt of the notice provided for above, stating that such real estate complied with the provisions of this article before the expiration of the ten-day period and requesting a hearing.

Appeal hearing. The board of adjustments and appeals shall set a date, within thirty (30) days from the date of the appeal, for hearing the appeal to determine whether the real estate complied with the provisions of this article before the expiration of such ten-day period.

Effect of appeal. The authority of the building inspector to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending.

Authority. Cumulative of the city's remedy by fine, as set forth herein, the city may do such work or cause the same to be done to remedy such condition to remove such matter from such owner's premises at the city's expense and assess the same against the real estate or lot or lots upon which such expense is incurred.

Assessment of costs. Expenditures plus ten percent (10%) per annum interest on the expenditures from the date of such payment by the city shall be assessed the same against the real estate or lot or lots upon which such expense is incurred.

Lien. Upon filing with the county clerk of a statement by the city secretary or designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made and ten percent (10%) per annum interest on the amount from the date of such payment so made by the city.

Suit to recover costs. The city may, additionally, institute suit and recover such expenses and foreclose such lien in any court of competent jurisdiction, and the statement so filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements to remedy such condition or remove any such matter.

Any person who shall violate any of the provisions of this article or the technical codes adopted herein, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

Any person who shall remove a notice of violation or a placard posted pursuant to this article from a property prior to correction of the deficiencies indicated thereon shall be deemed guilty of a misdemeanor offense.

Any person who shall knowingly or intentionally provide false information on any application required pursuant to this article shall be deemed guilty of a misdemeanor offense.

Any person who shall occupy a building, or any part thereof, without having received a certificate of occupancy in compliance with herewith, within the city limits, shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

On motion of the city or the judge of municipal court, any person convicted under this article or placed on deferred adjudication or other form of deferral who is assessed a penalty and who does not pay the penalty in full as ordered by the court may be assessed the penalty against the defendant's property in the same manner as a judgment in a civil suit by order of the municipal judge pursuant to Texas Code of Criminal Procedure section 45.047, as amended from time to time.

No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the city for or with respect to any lot, tract or parcel of land within the city limits, after the effective date of this article, except in compliance with all then-applicable requirements of this article, the city zoning ordinance provisions applicable to the property and the city subdivision ordinance provisions applicable to the property.

This article and any code or provision adopted by this article may be further enforced by civil injunction and other civil and criminal judicial proceedings, either at law or in equity, and in lieu of or in addition to any other authorized enforcement or action taken. Any person who violates any term or provision of this article with respect to any land, property, building or development within the city may also be fined as well as charged all other penalties, civil and criminal as provided herein and by state law.

Upon the request of the City Council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this article or to obtain declaratory judgment, and to seek and recover court costs and attorney fees and/or recover damages in an amount sufficient for the city to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this article.

Should the code enforcement authority determine that any building or structure within the incorporated limits of the city is a dangerous building or is unoccupied or is occupied only by persons who do not have a right of possession of the building, he/she shall cause the building to be secured.

Before the 11th day after the date the building is secured, the municipality shall give notice to the owner by:

The notice must contain:

The board of adjustments and appeals shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building if, within 30 days after the date the code enforcement authority secures or causes to be secured the building, the owner files with the city a written request for the hearing. The board of adjustments and appeals shall conduct the hearing within 20 days after the date the request is filed.

The city shall impose a lien against the land on which the building stands, unless it is a homestead as protected by the state constitution, to secure the payment of the cost of securing the building. Promptly after the imposition of the lien, the city shall file for record, in recordable form, in the office of the county clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.