This chapter shall be enforced by the chief building official, city planner or designee, pursuant to V.T.C.A., Local Government Code § 211.012, or other applicable law.

(Ord. No. 2008-021, § 2(25-96), 10-13-2008)

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 chapter.

(Ord. No. 2008-021, § 2(25-97), 10-13-2008)

The city shall have the following remedies and enforcement powers:

(1)

Withhold permits. The city may deny or withhold all permits, approvals or other forms of authorization on any land or structure for which there is an uncorrected violation of a provision of this chapter or of a condition of a permit, certificate, approval or other authorization previously granted by the city council, commission or board of adjustment. In lieu of withholding or denying an authorization, the city may grant such authorization subject to the condition that the violation be corrected.

(2)

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 a provision of this chapter or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its building codes.

(3)

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

(4)

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

(5)

Civil remedies. The city shall have the right to institute any appropriate civil action to enforce, enjoin, prevent, restrain, correct or abate any violation of the provisions of this chapter, including any and all remedies available pursuant to the laws of the state. All court costs and reasonable attorney's fees incurred by the city in connection with any civil action shall be awarded to the city if it is the prevailing party.

(6)

Criminal remedies. Any person that violates any provision of this chapter shall be guilty, upon conviction, of a separate misdemeanor offense for each day or portion of a day during which the violation continues.

(7)

Other remedies. The city shall have such other remedies as are and as may be from time to time provided by state law for the violation of zoning regulations.

(8)

Remedies cumulative. The remedies and enforcement powers set out in this section shall not be considered exclusive remedies but rather they shall be cumulative with all other remedies provided in this chapter, in any other ordinance or by law.

(Ord. No. 2008-021, § 2(25-98), 10-13-2008)

The following procedures shall be followed in carrying out enforcement powers:

(1)

Notice. The chief building official shall give written notice by certified mail to the owner of land on which a violation exists. The notice shall state the nature of the violation and the date, time and place of the board of adjustment meeting at which the board is to act on the enforcement matter.

(2)

Board of adjustment action; public hearing. After due notice, the board of adjustment shall hold a public hearing on the zoning violation. At the public hearing, the board shall consider the staff report detailing the nature of the violation, the relevant support materials and the public testimony given at the public hearing, including the testimony of the owner of the land on which the violation is said to exist. After the close of the public hearing, the board of adjustment shall determine, by a vote of its members, if a violation exists. If a violation is determined to exist, the board of adjustment shall identify the appropriate remedy and enforcement action.

(3)

Notice of decision. The chief building official shall provide a copy of the board's decision and enforcement action to the applicant by certified mail within ten days of the board's decision.

(4)

Notice of criminal penalty. In no case shall any person acting on behalf of the city seek a criminal penalty for violation of this chapter without giving a three-day prior notice of the violation, specifying the action necessary to correct the violation and avoid criminal prosecution.

(Ord. No. 2008-021, § 2(25-99), 10-13-2008)

(a)

Other powers. In addition to the enforcement powers specified in this article, the city may exercise any and all enforcement powers granted to it by state law, as it may be amended from time to time.

(b)

Continuation. Nothing in this chapter shall prohibit the continuation of previous enforcement actions, undertaken pursuant to previous, valid resolutions, ordinances and laws.

(Ord. No. 2008-021, § 2(25-100), 10-13-2008)