Mcallen City Zoning Code

This article establishes procedures the City uses to ensure compliance with the provisions of this UDC and obtain corrections for violations. It also institutes the remedies and penalties that apply to UDC violations.

For any violation not encompassed by this article, the Code Enforcement Department may issue a citation in Municipal Court stating the alleged violation, the date of the violation, and the section of the UDC violated. Each day during which any violation of this article occurs or continues is a separate offense and upon conviction is punishable as provided in this UDC.

Buildings or Structures. To erect, construct, reconstruct, alter, repair, convert, or maintain a building or structure in a manner inconsistent with the requirements of this UDC or a condition of approval.

Use of Land. To use any land or premises in a manner inconsistent with the requirements of this UDC or a condition of approval.

Establish Use, Structure, or Sign Without Permit or Approval. To establish or place any use, structure, or sign upon land that is subject to this UDC without all of the approvals required by this UDC.

Development or Subdivision Without Permit or Approval. To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this UDC without all of the approvals required by this UDC.

Development, Subdivision, Use, or Sign Inconsistent with Permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other form of authorization required to engage in those activities.

Development, Subdivision, Use, or Sign Inconsistent with Conditions of Approval. To violate, by act or omission, any term, condition, or qualification placed by an approval authority upon any permit or other form of authorization.

Development, Subdivision, or Sign Inconsistent with this UDC. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in violation of any zoning, subdivision, sign, or other regulation of this UDC.

Driveway Construction or Alteration without a Permit. To construct, reconstruct, relocate or in any way alter the design or operation of any driveway without first obtaining a building permit issued by the Building Official.

Making Lots or Setbacks Nonconforming. To reduce or diminish any lot area so that the lot size, setbacks, or open spaces are smaller than required by this UDC.

Increasing Intensity or Density of Use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this UDC.

Removing or Defacing Required Notice. To remove, deface, obscure, or otherwise interfere with any notice required by this UDC.

Failure to Remove Signs. To fail to remove any sign installed, created, erected, or maintained in violation of this UDC or for which the sign permit expired.

Miscellaneous. Any other action, or failure to act, that does not comply with a requirement of this UDC or a lawful condition of approval.

Any person who violates this UDC is subject to the remedies and penalties expressed in this article.

If a person causing a violation is a renter, lessor, or contractor, the Health Director may notify the owner and the renter, lessor, or contractor of the violation. The owner shall ensure that the renter, lessor, and/or contractor are aware of the violation and the owner is ultimately responsible to ensure that the violations are corrected.

Remedies and Enforcement Powers. The Code Enforcement Department has the following remedies and enforcement powers.

Generally. If Section 8.1.2 applies, the City may institute any appropriate action or proceedings:

Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization, the City may grant authorization subject to a corrected violation condition.

Revoke Permits. Any development permit or other form of authorization required in this UDC may be revoked, including revocation of a certificate of occupancy.

Stop Work. With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of UDC provision or of a permit or other form of authorization issued, in accordance with its power to stop work under its building codes.

Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this UDC or of a permit, certificate, or other form of authorization granted.

Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction, or other action or proceeding to abate or remove a violation or otherwise to restore the premises in question to the condition in which they existed prior to the violation.

Civil Action. The City may enforce the provisions of this UDC through civil action as per state law.

Other Remedies. The City may have other remedies provided by law for zoning, subdivision, sign, or related UDC provision violations.

Other Powers. In addition to the enforcement powers specified in this article, the City may exercise any and all enforcement powers granted by law.

Continuation. Nothing in this UDC prohibits the continuation of previous enforcement actions undertaken by the City by previous and valid ordinances and laws.

The owner or owners or tenant of any building or premises or part, where anything in violation of this UDC exists, and any architect, builder, contractor, agent, person, or corporation employed in connection and who may have assisted in the commission of any UDC violation are guilty of a separate offense punishable under this article.

A person who violates any provision of this article by performing a prohibited act or by failing to perform an act required is guilty of a misdemeanor. Each day on which a violation exists or continues to exist is a separate offense.

If the definition of an offense under this article does not prescribe a culpable mental state, then a culpable mental state is not required. This offense is punishable by a $500 maximum fine. Although not required, if a culpable mental state is alleged in the charge of the offense and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, this offense is punishable by a $2,000 maximum fine.

If the definition of an offense under this article prescribes a culpable mental state and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, then a culpable mental state is required and the offense is punishable by a $2,000 maximum fine.

No owner or person with an interest in real property designated as a landmark or heritage property or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the council, produce a detrimental effect upon the historic character of the district or property. Such property shall be subject to the withdrawal of its designation pursuant to Appendix F, subsection D, penalties and disqualification pursuant to section 98-72 and section 98-73 of the Code of Ordinances, and ineligibility for any tax relief granted under chapter 98, division 3 of the Code of Ordinances.

Examples of such deterioration include:

The McAllen Historic Preservation Council may revoke classification designators for failure by the property owner(s) within the historic district or of a designated landmark or heritage property to maintain the structure at the prescribed levels.

Any person who violates, participates or acquiesces in the violation of any provision of this article, fails to comply with any of the requirements of this UDC, or erects or alters any historic resource in violation of any detailed statement or plan required to be submitted and approved by this UDC shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall, upon conviction, be punished as prescribed in this article.

A person found guilty of demolition of a designated property by neglect or without a required certificate of appropriateness shall be fined at least $500.00 but not more than $5,000.00 per violation.

The City Attorney is authorized to file an appropriate action in a court of competent jurisdiction to enforce these provisions by cause in equity or by any other remedy available by law.