Magnolia City Zoning Code

1. Generally. The purpose of this Article is to set out the development review bodies that are responsible for the administration of this UDC. This Article describes the roles and responsibilities and general rules of procedure of the City Council, Planning and Zoning Commission, Board of Adjustment, and City Staff with respect to the administrative of this UDC.
2. Administration. The bodies referenced in this Article are created in Chapter 2, Article II, City Council and Chapter 2, Article III, City Officials, from the Magnolia Code of Ordinances which provide details with respect to their composition, organization, and rules of procedure.

Effective on: 1/1/1901

1. City Council. The provisions of Section 10-2-1.01, City Council, are intended to establish the City Council’s role with respect to decisions about individual properties pursuant to this UDC. No part of this UDC restricts or limits any other powers that are granted to the City Council by Federal law, State statute, or the City’s Code of Ordinances.
2. Other Administrative Bodies. The provisions of this Article that relate to other bodies are representative of the authority that the City Council has delegated to them with respect to application and enforcement of this UDC.
3. No Implied Limitation. The provisions of this Article shall not be a limitation regarding the conduct of Boards, Councils, and Commissions where additional responsibilities or authority are set out elsewhere in this UDC, the Code of Ordinances, or through policies adopted by the City Council, or by a Board, Council, or Commission as approved by the City Council.

Effective on: 1/1/1901

1. Generally. The City Council has all powers conferred upon it by the City’s Code of Ordinances and this UDC. The City Council will exercise the powers set out in this Section.
2. Approvals. After a public hearing is held and after reports and recommendations are provided by the Administrator, Planning and Zoning Commission, or another board or commission of the City, the City Council shall hear and decide the following applications:
   1. Plans and programs for the development and redevelopment of its area of jurisdiction. This includes, but is not limited to, amended the text and maps of the Comprehensive Plane from time to time;
   2. The City’s capital improvements program (CIP);
   3. Other policies and procedures to facilitate implementation of planning elements;
   4. Proposed covenants, conditions, and restrictions as set out in Division 5-1-3, Covenants, Conditions, and Restrictions;
   5. Proposed amendment of the text of this UDC;
   6. Proposed amendment of the Official Zoning Map, including conditional use permits;
   7. Variances that are not under the authority of the Board of Adjustment; and
   8. Any other action not delegated to any other board or commission as the City Council may deem desirable and necessary to implement the provisions of this UDC and the goals and objectives of the City, provided such action is not contrary to the requirements of this UDC or State law.
3. Appeals. The City Council shall hear and decide appeals from decisions of the Planning and Zoning Commission after a public hearing, as set out in Section 12-1-1.04, Appeals to City Council.

Effective on: 1/1/1901

1. Generally. The Commission is authorized by Texas Local Government Code, Chapter 211.007. This Section is adopted pursuant to these statutory and municipal authorizations. Consequently, amendment of the State statue after the effective date may modify, delete, or supplement the provisions of this Section.
2. Function. The Commission shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare, as well as the efficiency and economy of its area of jurisdiction. The Commission shall also undertake the responsibility for reviewing, considering, and acting on the matters of this UDC concerning the regulation of use and the placement, bulk, scale, and design of buildings and structures of the area within its jurisdiction. The ordinances, standards, regulations, and requirements must be established, administered, and enforced to promote public health, safety, morals, convenience, prosperity, or the general welfare, as well as the resiliency and environmental quality of its area of jurisdiction.
3. Powers and Duties. The Commission is delegated the following powers:
   1. Review and Decision. The Commission shall review and decide the following types of applications for development approval:
      1. Preliminary and final plats;
      2. Site plans; and
      3. Modify, vary, or waive the regulations, including the imposition of other reasonable conditions, of the standards included in the parts set out in Subsection C.2., below, in order that a subdivider may subdivide property in a reasonable manner, provided that such modification, variation, or waiver will not nullify the intent or purpose of this UDC and that the public welfare, interest of the City, and the protection of the surrounding area.
   2. Review and Recommendation after a Public Hearing. The Commission shall review and make a recommendation after a public hearing the following:
      1. Amendments to the text of this UDC; and
      2. Proposed amendments to the Official Zoning Map, including permitted uses and conditional use permits.
   3. Studies and Policy Recommendations to the City Council. The Commission is empowered to, on its own initiative or as requested by the City Council to:
      1. Hear, recommend, approve, or determine any matter relating to the following:
         1. Chapter 1, Title, Purpose , Authority, Jurisdiction, and Transitional Provisions;
         2. Chapter 2, Zoning Districts and Land Uses;
         3. Chapter 3, Lot Standards and Densities;
         4. Chapter 4, Design Standards;
         5. Chapter 5, Site Development and Design;
         6. Article 5-1, Subdivision Design and Land Development;
         7. Article 5-2, Streets, Sidewalks, Trails, and Utilities;
         8. Article 5-3, Floodplain Management and Flood Damage Prevention;
         9. Article 5-4, Storm Water Management;
         10. Chapter 6, Signs and Lighting;
         11. Chapter 7, Parking, Loading, and Access; and
         12. Chapter 8, Landscaping and Buffering.
      2. Submit reports, plans and recommendations for the orderly growth, development and welfare of the City;
      3. Periodically review this UDC and the Official Zoning Map and make recommendations regarding amendments; and
      4. Periodically review the Comprehensive Plan and other plans of the City make recommendations regarding amendments.
   4. Other Powers of the Planning Commission.
      1. Ensure that new development is consistent with the policies of the Comprehensive Plan;
      2. Establish procedure and standards governing the preparation, filing, and approval of land subdivision plats and data to be submitted for approval;
      3. Coordinate the alignment of streets within subdivisions with other existing or planned streets, or with other features of the City;
      4. Establish minimum standards governing storm water management, flood damage prevention; streets, sidewalks, trails, and utilities; parking, loading, access; lighting; and other required improvements;
      5. Ensure conformance of subdivision and site development plans with the capital improvement program of the City;
      6. Ensure that subdivisions and subdivision improvements are designed to:
         1. Reduce potential impacts on street congestion by: providing alternative travel routes; promoting alternative modes of transportation; shortening journey to work trips; or lessening overall vehicle miles traveled;
         2. Promote the orderly layout and use of land;
         3. Secure safety from fire and other dangers;
         4. Mitigate the impacts and threats of life and property due to flooding resulting from significant storm events;
         5. Facilitate adequate provision of transportation, potable water, wastewater, schools, parks, playgrounds, and other public requirements;
         6. Protect groundwater and surface water resources form contamination.
      7. Assure the prospective purchaser of a subdivision lot that necessary streets, sewers, drainage, sidewalks, schools, and parks are available;
      8. Protect the integrity of the purchaser’s title by requiring certification that monuments and markers are installed according to the locations designated on the approved plat;
      9. Assure that facilities to be accepted and maintained by the City are properly located and constructed;
      10. Review covenants, conditions, and restrictions that implement the requirements of this UDC or conditions of approval (see Division 5-1-3, Covenants, Conditions, and Restrictions);
      11. Approve street names concurrently with the approval of the subdivision;
      12. Review and find whether or not lots on major street intersections and at all acute angle intersections are likely to be dangerous to the traffic movement (see Section 5-1-5.05, Lots);
      13. Review, consider, and approve or deny an alteration or waiver of the sidewalk requirements provided conformance with the conditions set out in Section 5-2-2.07, Sidewalks;
      14. Review, consider, and recommend to the City Council, in coordination with the Administrator for the location of acreage reserved for parks, playgrounds, or schools as set out in Section 5-1-5.09, Recreation;
      15. Accept a performance bound as a guarantee in-lieu of completed improvements, as set out in Section 5-1-5.11, Required Improvements; Upgrade Agreements;
      16. Review, consider, and impose to be developed in phases, as set out in Section 5-1-5.12, Development Phasing;
      17. Make final decisions on development site plans;
      18. Make a determination as to the location of district boundaries according to the criteria set out in Section 2-1-2.04, Official Zoning Map;
      19. Upon referral of the Administrator, determine whether or not a proposed use is either a subcategory of or functionally similar to a permitted or conditional use according to the criteria set out in Section 2-2-1.04, Unlisted or Functionally Similar Use; and
      20. Require that space be reserved or land-banked for additional parking upon a finding or determination that there is a reasonable likelihood that a land use could change in a manner that increases the parking demand, as set out in Section 7-1-2.04, Parking Credits and Reductions.
4. Referral of Matters to Commission; Reports. The City Council may refer any matters or class of matters to the Commission, with the provision that final action on it may not be taken until the Commission has submitted a report on it or has had a reasonable period of time, as determined by the City Council, to submit a report.
5. Authority.
   1. In general, the Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its jurisdiction.
   2. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for it work.
   3. The Commission, its members and employees, in the performance of its functions, may enter upon any land with consent of the property owner or after 10 days written notification to the owner(s) of record, make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, the Commission shall be liable for any injury or damage to the property.
6. Membership, Qualifications, and Terms of Office. The creation, appointment, removal, composition, terms of office, and rules, records, and procedures of the Commission are set out in Chapter 62, Article II, Planning and Zoning Commission in the City’s Code of Ordinances.

Effective on: 1/1/1901

1. Generally. There shall be a Board of Adjustment (BOA), the membership, terms of office, and rights and duties of which shall be as provided in the Texas Local Government Code §211.008, Board of Adjustment, as amended from time to time.
2. Rules. The BOA shall adopt rules in accordance with the provisions of this Section.
3. Meetings. Meetings for the BOA shall be held at the call of the chairperson and at such times as the BOA may determine. All meetings shall be open to the public and preceded by due advertisement.
4. Notice. The BOA shall further ensure that a printed notice in bold type shall be posted for not less than 10 consecutive days prior to the hearing on a proposed variance in a newspaper of general circulation. The published public notice shall contain an accurate description of the requested variance and also the time and place of the public hearing. Further, a public notice shall be placed on the street frontage of the property requesting the variance by the Administrator. The sign shall not be less than 1.5 square feet in area and shall contain appropriate contact information for the City.
5. Power and Duties. The BOA shall hear and decide upon:
   1. Appeals. Appeals from alleged error in the Administrator’s decision;
   2. Interpretations. Interpretation of the provisions of this UDC; and
   3. Variances. Variances from the standards of this UDC where exceptional and peculiar hardship would be caused by enforcement of the regulations and where such variance would not substantially deviate from the intent of this UDC.
6. Other Powers. The BOA shall have the power and authority to appoint a secretary who shall not necessarily be a member of the BOA.
7. Duties of Secretary. It shall be the duty of the secretary to keep a true and correct record of all proceedings at such meetings, both general and special of said BOA, in a book or books to be specially kept for that purpose. Certified copies of such proceedings shall be furnished to the chairperson of the Planning and Zoning Commission.
8. Vote to Transact Business. The concurring vote of a majority of the members of the BOA present and voting shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this UDC, or to effect any variation of this UDC.
9. Referral of Matters to Commission; Reports. If the BOA believes that the standards for granting a variance or an appeal have not been met, but that the applicant has made a reasonable argument instead that there may be grounds for review of a provisions of this UDC, then the BOA shall forward a report on the matter to the Commission for discussion. The Commission retains full discretion regarding enforcement of the specified UDC provision, and shall only act upon the BOA’s report if it concurs that a text amendment may be reasonable. Upon such a general finding, the Commission shall place the item on a subsequent agenda for further discussion or consideration.

Effective on: 1/1/1901

1. Generally. The Administrator is a member of the City staff who is ultimately responsible for processing an application to decision (in case of administrative approval) or recommendation to another review body (in case of public hearing approvals). The Administrator shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the Administrator of this UDC. The Administrator may also designate review responsibilities to other members of the City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.
2. Duties and Responsibilities. For the purpose of reference, the Administrator has the following duties and responsibilities with respect to the administrative of this UDC. Such duties may be allocated and reallocated by the Mayor in the exercise of the responsibilities of that office without amendment to the UDC:
   1. General Administration. The Administrator shall:
      1. Interpret the general intent and/or specific meaning of any portion of the UDC text, position of district boundaries, district regulations, or other matters relating to the Official Zoning Map.
      2. Maintain the Official Zoning Map and record all amendments to and information thereon.
      3. Maintain copies of this UDC for public inspection and have up-to-date copies available for the public.
      4. Provide public information relating to zoning matters including scheduled meetings of the Planning and Zoning Commission and the Board of Adjustment.
      5. Receive, process, and record all applications for Certificates of Zoning Compliance, zoning amendments, and variance requests with accompanying plans and documents, all of which shall be a public record.
      6. Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking, site access, site improvements, and lots.
      7. Appear before and provide assistance to the Planning and Zoning Commission and Board of Adjustment.
      8. Revoke permits or certificates in violation of the provisions of this UDC.
   2. Floodplain Administration. In designated flood hazards areas delineated on the Federal Emergency Management Agency (FEMA) maps, the Administrator, or an appointee acting as the floodplain administrator, shall:
      1. Advise applicants that additional federal and state permits may be required. Assure that all necessary permits have been received from those government agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.1334.
      2. Notify adjacent property owners and the Texas Department of Environmental Quality, and other State or Federal agencies prior to any alteration or relocation of a watercourse and subsequently, submit evidence of such notification to FEMA.
      3. Assure in writing by the owner within the altered or relocated portion of a watercourse that appropriate maintenance is provided so that the flood carrying capacity is not diminished.
      4. Make interpretations, where needed, as to the exact location of the boundaries of special flood hazard areas (e.g., where there appears to be a conflict between a mapped boundary and the actual field conditions).
      5. Verify and record the actual elevation (relative to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
      6. Verify and record the actual elevation (relative to mean sea level) to which the new or substantially improved structures have been flood-proofed.
      7. Obtain certification from a registered professional engineer or architect when flood-proofing is utilized for a particular structure.
      8. Obtain, review, and utilize any base flood elevation data available from federal, state, or other sources when such data are not available from FEMA.
      9. Maintain all records pertaining to the provisions of this UDC, which records shall be open for public inspection during workday hours.
      10. Review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal shall be reviewed to assure that:
          1. All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
          2. All public utilities and facilities, such as sewer, gas, electric, and water systems are located and constructed to minimize or eliminate flood damage; and
          3. Adequate drainage is provided to reduce exposure to flood hazards.
      11. Enforce the floodplain management and flood hazard reduction standards of this UDC; and
      12. Coordinate with the Mayor, City Administrator, City Engineer, and Code Enforcement Officer to recommend approval, approval with conditions, or denial of waivers from Article 5-3, Floodplain Management and Flood Damage Prevention.
   3. Processing Permits and Applications. The Administrator or an appointee shall:
      1. Hold pre-application conferences for new plats and site plans. Pre-application conferences shall be attended by City staff designated to review the following:
         1. Cluster and planned developments (see Section 3-1-1.02, New Neighborhoods);
         2. Phased development (see Section 5-1-5.12, Development Phasing);
         3. Availability of utilities (see Section 5-1-5.10, Utility Standards);
         4. Development in or adjacent to the floodplain (see Article 5-3, Floodplain Management and Flood Damage Prevention);
         5. Parking and loading requirements (see Section 7-1-2.01, Calculation of Required Parking Spaces);
         6. Parkland dedication (see Section 5-1-5.09, Recreation);
         7. Site access and circulation (see Division 5-2-3, Access Management and Circulation);
         8. Fire department access;
         9. Building and/or site design standards for manufactured home parks, multi-family, nonresidential and mixed use developments, and special districts (see Chapter 4, Design Standards; Chapter 6, Signs and Lighting; and Chapter 8, Landscaping and Buffering).
      2. Hold pre-application conferences for all zoning change (rezoning) requests;
      3. Receive and log applications for development approval and variances;
      4. Review application materials and verify that applications are complete;
      5. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
      6. Manage the processing of applications according to Division 11-3-1, Standardized Development Approval Procedures;
      7. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
      8. Set applications on agendas of the Commission, Board of Adjustment, or the City Council, as appropriate;
      9. Provide public notice as may be required by the provisions in Section 11-3-1.06, Public Notice; and
      10. Promptly issue written permits, resolutions, or order that reflect the substance of approval granted by the City pursuant to this UDC.
   4. Recommendations. The Administrator shall provide professional recommendations regarding:
      1. Whether applications that are placed on an agenda of the Commission, Board of Adjustment, and City Council comply with the requirements of this UDC, and, if not, whether conditions of approval could be imposed to bring the application into compliance (including specification of such conditions).
      2. Whether amendments to this UDC or the Magnolia of the Move Comprehensive Plan are advisable to among other things:
         1. Bring the Comprehensive Plan or UDC into conformity with State or Federal requirements as they change over time;
         2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions; or
         3. Implement amendments to the Comprehensive Plan or other adopted plans for the City; or
         4. Resolve errors, internal inconsistences, or other administrative matters.
      3. Whether amendments to the Comprehensive Plan or this UDC that are proposed by persons or bodies outside of the City are appropriate to serve their stated purposes.
   5. Approvals. The Administrator shall decide the following types of applications, as set out in Division 11-2-2, Standards for Administrative Permits:
      1. Zoning clearance permit for permitted uses;
      2. Temporary use permit for neighborhood events, as set out in Section 2-2-1.06, Temporary Uses;
      3. Minor modifications to plat or parcel lines;
      4. Right-of-way encroachment;
      5. Administrative subdivision;
      6. Land clearing permit as set out in Article 8-4, Tree Protection and Maintenance;
      7. Floodplain development permit (including waivers along with the Mayor, City Administrator, City Engineer, and Building Official);
      8. Sign permit; and
      9. Alternative compliance with the off-street parking schedule including through parking credits and reductions.
   6. Assignments. The Administrator is responsible for all other responsibilities as the City Council or Mayor may assign from time to time.
   7. Recordkeeping. The Administrator shall maintain all records of development applications, including materials and outcomes.
   8. Inspection. The Administrator, or an appointee, shall inspect site improvements and landscaping for compliance with this UDC and approved plans.
   9. Enforcement. The Administrator, or an appointee, shall, on an ongoing basis, identify code violations and shall enforce the provisions of this UDC and approvals granted hereunder pursuant to Division 13-1-2, Enforcement.

Effective on: 1/1/1901

1. Generally. With respect to the administration of this UDC, the City Engineer, or a designee, is generally responsible for verifying that all standards and quality assurance requirements are met for public infrastructure. The City Engineer also establishes and promulgates construction standards for public improvements, parking areas, and other infrastructure.
2. Responsibilities. For the purpose of reference, the City Engineer has the following principal duties and responsibilities with respect to the administration of this UDC (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the Mayor in the exercise of the responsibilities of that office without amendment to this UDC:
   1. Drainage Plans.
      1. Prior to authorization of any building permit, the City Engineer shall review and approve all such stream flow, runoff calculations, and drainage plans as required of a subdivider under the terms of this UDC.
      2. In those instances when underground storm drainage facilities are reasonably accessible to a proposed development, the City Engineer shall determine any special design standards required to connect an on-site drainage system to the City's system.
      3. Determine the warrant and requirement for the submittal contents set out in Section 5-4-1.03, Drainage Plan Required, and the content of what is needed to conduct an appropriate drainage analysis of the site plan, grading plan submitted to the City as part of the requirements of the site plan needed for a zoning clearance permit and building permit.
      4. Review, consider, and approve or disapprove all required improvements associated with the subdivision and development of land, as set out in Section 5-1-5.11, Required Improvements; Upgrade Agreements.
      5. Ensure that securities for required improvements associated with the subdivision and development of land do not lapse or expire and providing advanced notice to the subdivider of such expiration, as applicable, as set out in Section 5-1-5.11, Required Improvements; Upgrade Agreements.
      6. Review and make a determination as to whether a subdivider has complied with all applicable requirements of development before release any obligation of the subdivider, as set out in Section 5-1-5.11, Required Improvements; Upgrade Agreements.
      7. Review, consider, and approve or disapprove all design features for storm water drainage in a development, including consideration and approval or disapproval of site-specific conditions that warrant deviation, as set out in Section 5-4-1.02, Drainage System.
      8. Review and provide recommendations for requests for a lower percentage reduction in runoff from pre-construction conditions, the required diameter of subsurface storm drains, and whether principal drainage facilities shall be designed to handle storms occurring on an average frequency of 25 years, as set out in Section 5-4-1.02, Drainage System.
      9. Review, consider, and approve or disapprove drainage plans, as set out in Section 5-4-1.03, Drainage Plan Required.
      10. Review, consider, and approve or disapprove, together with the Mayor, or a designee, Chief of Staff, Administrator, and Building Official, requests for waivers from the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention.
      11. Review and provide recommendations to the Commission, together with the Administrator, for an area development plan proposed be a subdivider regarding the proposed pattern and alignment of streets, as set out in Section 5-2-2.02, Street Standards.
      12. Review and make a determination as to whether additional right-of-way is required for arterial or collector streets due to unique site design requirements (e.g. vertical curve, grade, clear sight triangles, turn lanes, medians, etc.), as set out in Section 5-2-2.02, Street Standards.
      13. Review and provide recommendations as to the required pipe size for sanitary sewer systems, as set out in Section 5-1-5.10, Utility Standards.
      14. Review, consider, and determine whether greater corner clearance lengths are warranted or required, as set out in Division 5-2-3, Access Spacing and Corner Clearance.
      15. Review and determine whether land clearing is necessary or warranted due to the interference of trees with utility servitude, as set out in Section 8-2-1.02, Land Clearing and Tree Preservation.
   2. Inspections. The City Engineer shall cause to make sufficient inspections to ensure compliance with the specifications set out in this UDC. A registered engineer, employed by the subdivider and approved by the City Engineer, may certify in writing to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements required in this UDC and said inspection certification shall meet the terms of this UDC. If the improvement is intended to be dedicated to the City, the City Engineer shall make a final inspection of the improvements before accepting the improvements for dedication to the City for permanent maintenance.

Effective on: 1/1/1901

The Building Official shall be appointed by the Mayor who shall have the following powers and duties:

1. Generally. The Building Official, or designee, shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by State law.
2. Responsibilities. For the purpose of reference, the Building Official has the following duties and responsibilities with respect to the administration of this UDC (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the Mayor or Administrator in the exercise of the responsibilities of that office without amendment to this UDC:
   1. Permit Review. The Building Official reviews residential, commercial, industrial, mixed-use, and other plan types, including plans for signs, to verify that the construction design meets the minimum code requirements and applicable City ordinances.
   2. Inspection. The Building Official conducts and approves all building permit inspections to ensure that construction meets all applicable building code and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set out in this UDC).
   3. Recordkeeping. The Building Official maintains all records as it relates to the building permit process and inspections, including materials and outcomes.
   4. Interpretation. The Building Official interprets the building codes and other City ordinances as they relate to plans and permits.
   5. Arbitration. The Building Official interprets the building codes and other City ordinances as they relate to plans and permits.
   6. Approvals. The Building Official shall decide the following applications:
      1. Building permits;
      2. Sign permits; and
      3. Certificates of occupancy.

Effective on: 1/1/1901

The Enforcement Official shall be appointed by the Mayor who shall have the following powers and duties:

1. Notice. Serve notice of code violations and process such violations.
2. Public Records. Maintain public records of violation notices, permits, and certificates, with accompanying plans and documents.
3. Revocation. Revoke permits or project approvals based on false application statements or misrepresentations.
4. Stop Work Orders. Stop, by written order, work being done contrary to the provisions of this UDC or an approved Zoning Clearance Permit.
5. Action. Institute appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of property. Initiate legal action after consultation with the Administrator, and such other local officials as appropriate.
6. Counsel. Appear before the Commission and the Board of Adjustment to furnish information helpful to these groups in reaching decisions.

Effective on: 1/1/1901