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Magnolia City Zoning Code

CHAPTER 13

Enforcement, Interpretation, Disclaimer, and Repealer

Sec. 13-1-1.01 Purpose
The purpose of this Chapter is to set out the procedures for enforcing this UDC, and the remedies available to the City for violations of this UDC.

Effective on: 1/1/1901

Sec. 13-1-1.02 Application
  • Generally. This Chapter provides the method of enforcement for this UDC. However, it does not preclude the City from taking any legal action available to it to enforce this UDC and protect the health, safety, and welfare of its residents, business owners, and visitors.
  • Enforcement Procedures and Remedies. As set out in Division 13-1-2, Enforcement, is the procedures by which this UDC will generally be enforced, which typically involves notice to violators and an opportunity for them to cure the violation before penalties are imposed. However, the City may take immediate action or alternative actions, in the City's discretion, as provided herein.
  • Interpretation. Generally, this UDC shall be interpreted based on its plain language. However, in the event of an ambiguity, Division 13-1-3, Interpretation, provides the methodology for interpreting this UDC.
  • Legal Status. As set out in Division 13-1-4, Legal Status, is how provisions of this UDC shall be severed in the event that a portion of the UDC is invalidated by a court of competent jurisdiction. It also sets out which Sections of the City of Magnolia Code of Ordinances are repealed by the adoption of this UDC, and how to interpret conflicting provisions within this UDC and between this UDC and State or Federal law.

    • Effective on: 1/1/1901

    Sec. 13-1-2.01 Violations
    No land in the City of Magnolia shall be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of this UDC as amended from time to time. Any such violation of this UDC shall be considered unlawful and may be found to be a public nuisance.

    Effective on: 1/1/1901

    Sec. 13-1-2.02 Enforcement Procedures
  • Generally. The procedures of this Section are available to the City to enforce this UDC and the terms of any development order issued hereunder. Nothing in this Section shall be interpreted to prevent the City from taking any other legal action it deems necessary or appropriate for preventing or abating a violation of this UDC, including the immediate pursuit of extraordinary remedies in a court of competent jurisdiction according to Section 13-1-2.03, Remedies.
  • Notice of Violation.
    1. Generally. Prior to the commencement of any criminal prosecution of any person, natural or juridical, the appropriate City official shall order in writing the remedying of any condition found to exist in violation of any ordinance. This written order shall be mailed, certified, return receipt requested, to the municipal address designated for the immovable property where the violation has occurred.
    2. Contents of Order. The order, or notice of violation, shall contain:
      1. The name and address of the owner or applicant;
      2. The address when available or a description of the building, structure or land upon which the violation is occurring;
      3. A statement specifying the nature of the violation;
      4. A description of the remedial measures necessary to bring the development activity into compliance with this UDC and a time schedule for the completion of such remedial action;
      5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
      6. A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
    3. Effectiveness of Order. Notice to remedy a violation shall be deemed effective upon evidence that written demand was mailed to the municipal address designated for the immovable property upon which the violation has occurred.
  • Stop Work Orders. If development is ongoing, persons receiving a notice of violation will be required to halt all construction activities. This "stop work order" will be in effect until the Administrator, or designee, confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this UDC (see Section 13-1-2.03, Remedies).
  • Inspections. Upon the expiration of 15 days which shall commence to run the day after mailing notice as required above, the Administrator shall cause the property where the violation has occurred to be inspected. If the property, or the use thereof, continues to be in violation of the requirements of this UDC or a development order issued hereunder, the Administrator shall submit a copy of the demand letter along with an affidavit to the City Attorney.
  • Affidavit of Inspection. The affidavit submitted pursuant to Subsection D., above, shall set out the following information:
    1. Names and addresses of those persons who are in violation of the UDC;
    2. The acts or omissions which have resulted in a violation;
    3. The date the notice to remedy the violation was mailed to the violator;
    4. The date the building inspector caused the property to be inspected subsequent to the date of mailing;
    5. The findings of the building inspector when the inspection was made after mailing notice; and
    6. The number of days the property has been in violation of ordinances since the date of mailing notice to the accused.
  • Bill of Information and Summons. Upon receipt of a copy of the letter and affidavit issued pursuant to Subsection E., above, the City Attorney shall file a bill of information and request that a summons be served on the violator to appear in City Court for arraignment of the charge of violating the UDC. The bill of information shall specifically set forth the number of days that the property, or the use thereof, has been in violation of this UDC.
  • Court Proceedings. Court proceedings shall be according to the rules of the Court. Remedies are set out in Section 13-1-2.03, Remedies.

    • Effective on: 1/1/1901

    Sec. 13-1-2.03 Remedies
  • Generally. The City may pursue any appropriate remedy to redress a violation of this UDC, including the general penalties set out in Chapter 1, Section 1-10, General Penalty; Culpable Mental State, City of Magnolia Code of Ordinances. If the City prevails in court proceedings to enforce this UDC, it may seek reimbursement of its litigation expenses, costs, and fees from the violator.
  • Penalties. Any person or corporation who shall violate any of the provisions of this UDC or fail to comply therewith or with any of their requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this UDC shall be placed or shall exist, and any architect, builder, contractor, individual person, or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be deemed guilty of a separate offense and upon conviction shall be fined as herein provided. The City Council may establish a schedule of fines for violations of this UDC by resolution.
  • Extraordinary Remedies. In addition to the general penalties available under the City of Magnolia Code of Ordinances, the City may pursue declaratory or injunctive relief in a court of competent jurisdiction to prevent or abate a violation.
  • Restitution and Restoration.
    1. Restitution may be sought if violations are not corrected within the time period stated in the notice of violation, or if the violation results in irreparable harm to the City.
    2. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
  • Holds on Further Permits. No further permits (including certificates of occupancy) will be issued for development on property that is the subject of an enforcement proceeding, except as necessary to correct the violation, until the case is resolved, including payment of any assessed fines, restoration of land, or restitution to the City for funds expended to abate the violation.
  • Permit Suspension and Rescission.
    1. Suspension.
      1. If the Administrator finds that a use or condition presents an immediate threat to the public health of safety, he or she may suspend a permit for a period of up to 30 days, if the suspension of the use will abate the threat.
      2. Upon suspension of a permit, the case shall be referred to the City Council for a hearing on permanent revocation of the permit. The hearing shall be held within 30 days of the referral, and the City Council may establish a time frame for compliance and conditions which must be satisfied for restoration of the permit. The hearing shall be cancelled if the Administrator or designee finds that the violation is cured before the hearing.
      3. The Administrator or designee shall enforce the decision of the City Council by lifting the suspension if the violation is cured according to the City Council's order, or revoking the permit if it is not.
    2. Revocation. The City may permanently revoke a permit if:
      1. The operator of a use does not remedy a threat to the public health or safety that was the basis for a permit suspension.
      2. The applicant made a material misrepresentation on the application for development approval or on the record of the decision on the application.
      3. The applicant violates conditions of approval and does not cure the violations within the time periods established by the City pursuant to this Part.
  • Revocation of Surety. In the event that other enforcement remedies listed herein do not cause the correction of the violation(s), the City Council, acting on the recommendation of the Administrator, may initiate a claim upon any bond or surety posted with the application. The City may seek recovery of any costs associated with the correction of the violation(s), along with any fines levied and not paid.

    • Effective on: 1/1/1901

    Sec. 13-1-3.01 Interpretation, Generally
  • Generally. Interpretations of uses shall be in accordance with the definitions set out in Article 14-3, Definitions. Other interpretations of this UDC shall follow the analytical steps set out in this Section.
  • Provision's Purpose. The purpose of the rule to be interpreted must be determined so that the protection that it is intended to provide to the public is enforced. The official making the interpretation should look to the first Article of each Chapter to determine the purpose of the Article and how the Chapter is to be applied.
  • Quantifiable or Numeric Standards. If the Section to be interpreted has a quantifiable standard, no interpretation can result in a reduction of the standard. If the number is a maximum, then a higher numeric value cannot be made. If it is a minimum, then higher numbers may be used.
  • Qualitative Standards. Non-numeric standards shall be construed in favor of the element being protected unless there is sufficient evidence to indicate that the alternative language will protect the public as well as provide the landowner other options.
  • Illustrations. Illustrations are generally provided for explanatory purposes, and do not necessarily set out all options or alternatives for each standard in this UDC. Where an illustration appears to set out different substantive requirements than the text of this UDC, the text of this UDC shall control.

    • Effective on: 1/1/1901

    Sec. 13-1-3.02 Easements, Covenants, and Deed Restrictions
    This UDC is not intended to repeal, abrogate, or impair any lawful existing easements, covenants, or deed restrictions.

    Effective on: 1/1/1901

    Sec. 13-1-4.01 Severability
    If any article, section, paragraph, clause, provision, or portion of this UDC is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this UDC shall not be affected. If any application of this UDC to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction "as-applied," such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

    Effective on: 1/1/1901

    Sec. 13-1-4.02 Repealer
    The following Chapters and Sections of the City of Magnolia Code of Ordinances that existed on the Effective Date prior to the adoption of this UDC are repealed:

    1. Chapter 14, Article VII, Buffer Walls.
    2. Chapter 46, Article II, Landscaping.
    3. Chapter 54, Article II, Mobile Home Parks.
    4. Chapter 54, Article III, Recreational Vehicle Parks.

    Effective on: 1/1/1901

    Sec. 13-1-4.03 Conflicting Provisions
  • Generally. In the event that the provisions of this UDC conflict with each other or with other Sections of the City of Magnolia Code of Ordinances:
    1. The more restrictive provision shall control, if the provisions were adopted at the same time; or
    2. The more recent provision shall control if the provisions were adopted at different times.
  • State and Federal Law. No part of this UDC relieves any applicant from compliance with applicable provisions of State or Federal law. If a use, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by State or Federal law, it is also prohibited in the City. Likewise, if a matter is regulated by State or Federal law, then compliance with State or Federal law does not relieve the applicant from compliance with this UDC, unless the application of this UDC is legally preempted.

    • Effective on: 1/1/1901