Lubbock City Zoning Code
ARTICLE 39
09 ENFORCEMENT AND REMEDIES
§ 39.09.001 Purpose.
The purpose of this Article is to set out the procedures for enforcing this UDC, and the remedies available to the City for violations of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.09.002 Applicability.
a.
Compliance required.
No person may use, occupy or develop land, buildings or other structures, or authorize or permit the use, occupancy or development of land, buildings or other structures, except in accordance with all the provisions of this UDC.
b.
Continuation of prior enforcement actions.
Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this UDC. Enforcement actions initiated before the effective date of or amendments to this UDC may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.09.003 Right of entry.
The Director of Code Enforcement is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:
a.
Inspection.
Entry shall be for the purpose of inspection to ensure compliance;
b.
Hours.
Inspection shall be performed during business hours, unless an emergency exists; and
c.
Permission.
Inspection shall be made only after:
1.
Contact and permission is granted by the owner or tenant; or
2.
An order is given from a court of competent jurisdiction.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.09.004 Violations.
a.
Complaints.
Any person may file a written complaint to the Director of Code Enforcement on a suspected violation of this UDC. The Director of Code Enforcement shall record the complaint immediately, investigate, and take action as provided in this Article.
b.
Penalties.
1.
Fine. Any person, landowner, building owner or occupant who violates any of the provisions of this UDC or who fails to comply with any of the provisions of this UDC or who builds, alters, or occupies any building, structure, or land in violation of any statement of or plan submitted and approved under this UDC shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed $2,000.00 or such other amount as may be provided by the general laws of the State of Texas for such offenses. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
2.
Director of Code Enforcement authority. In addition to the remedies provided in Article 39.09, Enforcement and Remedies, the Director of Code Enforcement may, in case of any violation of this UDC, institute on behalf of the City of Lubbock any appropriate action or proceeding to prevent, restrain, correct, or abate such violation, or to prevent any illegal act, conduct of business, or use in or about such premises.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.09.005 Owner responsibility.
It shall be the responsibility of the property owner to maintain and ensure conformance to the provisions of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)