(a)

No person shall use, occupy or develop any land, building or other structure, or authorize or permit such use, occupancy or development, except in compliance with all applicable provisions of this Ordinance.

(b)

The owner of any building, structure, land, or part thereof, and any architect, builder, contractor, agent or other person employed in connection therewith, who violates, or assists in or contributes to the commission of a violation of this Ordinance shall be deemed guilty of such violation(s) and shall become liable for the penalties herein.

(Ord. No. 03-2006, § 11.1, 2-23-06)

(a)

The Community Services Director (CSD) or his designee shall give notice of intent to suspend or revoke a permit or occupancy authorization in writing up to ten (10) days before suspending or revoking such permit or occupancy authorization.

(b)

Upon determination a permit, certificate, license or order pertaining to this Ordinance has been "issued in error" or on the "basis of incorrect information", or that there has been "non-compliance with the provisions" of this Ordinance, the CSD may at his discretion, with or without notice suspend such authorization(s) pending compliance with the standards of this Ordinance.

The CSD may revoke an authorization if compliance is not achieved within the stated time authorized in the "notice of violation".

This section shall apply to:

- Certificates of Occupancy;

- Conditional Use Permits;

- Planned Unit Development (PUD) designation, including site plan review; and

- Variances.

(c)

Written "notice of suspension or revocation" of any of the above shall be provided to the property owner(s) and permit holder(s) of record via certified mail return receipt requested; posted upon the property entrance; and, where feasible, via a face-to-face meeting.

(d)

A notice to appear (subpoena) in court shall be issued to the property owner(s) and permit holder(s) of record when a permit or certificate of occupancy has been revoked by the CSD and additional non-compliance with this Ordinance is verified to exist at the time of a follow-up inspection by the CSD or his designee.

(Ord. No. 03-2006, § 11.2, 2-23-06)

a.

When the CSD or his designee determines there is non-compliance with any material term, condition or requirement of this Ordinance, the CSD or his designee shall order any person having a proprietary interest in the property or any person engaged in the development of the property to cease and desist such unauthorized activity on the site until such order is released by the CSD or his designee following an inspection to determine compliance with this Ordinance.

b.

The "cease and desist order" shall be in writing and specifically identify the person or party in violation; nature of the violation(s); specific Ordinance, chapter and section violated; required corrective action; and, authorized compliance date. A copy of such order shall also be mailed to the property owner(s) and permit holder(s) of record if not present at the time the cease and desist order is presented at the site and or posted upon the site.

c.

Any person or party failing to comply with an order to cease and desist shall at the City's sole discretion have a suit brought upon them in a court of competent jurisdiction to restrain and enjoin such non-permitted action from continuing after delivery of a cease and desist order or its posting upon the property in accordance with this chapter.

d.

The cease and desist order shall remain in effect until the CSD or his designee hand delivers a signed release of the cease and desist order to the property owner(s) or permit holder(s) or provides such person(s) a copy of the release via certified mail return receipt requested.

e.

A courtesy hearing for relief from a Code Enforcement Officer's decision shall be presented to the Office of the Community Services Director in writing within the specified period for abatement of the violation(s). All such hearings shall be conducted within the specified period for violation abatement and if relief is not granted, violation abatement shall occur within the period specified by the Code Enforcement Officer.

f.

Appeals of the CSD's decision may be made in writing by any aggrieved party to the City of Santa Fe, Board of Adjustment.

(Ord. No. 03-2006, § 11.3, 2-23-06)

(a)

Upon the City's attention to a violation of this chapter, the CSD or his designee shall cause an investigation to occur and prepare a written report concerning the violation. Such violation notice shall be delivered upon the property owner and person occupying the property.

If the property owner or occupant refuses to accept a violation notice, or if no one is present at the time of inspection, the CSD or his designee shall post the violation notice upon the building or property entrance in addition to notifying the property owner.

(b)

The violation notice shall contain the following:

1.

Address and Legal description of the property.

2.

Chapter and Section of Ordinance violated.

3.

Nature of and Location of the violation.

4.

Date violation shall be removed or abated.

5.

Penalty for failure to comply.

6.

Each notice shall contain the following statement "Warning — a repeat violation of this chapter shall not require additional notice to abate such violation. A court appearance will be scheduled and notice to appear provided the property owner via certified mail" and upon the building or property entrance.

(c)

For violations where the residence or building is unoccupied, the CSD or his designee shall place a notice of violation upon the building or property entrance inside a protective document protector.

(d)

In addition to (c), a violation notice shall be sent via certified mail to the property owner of record last known address.

(Ord. No. 03-2006, § 11.4, 2-23-06)

After a violation abatement or issuance of a violation notice to the property owner of record and a subsequent violation of the same type occurs on the parcel or particular tract of land owned by the same property owner, no further warning notice need be given to the property owner. This person shall be considered responsible and issued a notice to appear (subpoena) notified via certified and regular mail to appear in the appropriate court of jurisdiction for the violation(s).

(Ord. No. 03-2006, § 11.5, 2-23-06)

Upon neglect or failure to act upon the violation notice, the City shall issue a notice to appear and comply with the following procedures:

(1)

Service of notice to appear. If a violation notice is given and, after the time for removal or abatement has elapsed, the property is re-inspected and the CSD or his designee finds and determines the violation has not been removed or abated, the CSD or his designee shall fill out and sign, as the complainant, a "complaint and information form" or a "notice to appear". The notice to appear shall include the following:

a.

Name of the occupant, owner, or person in charge of the property.

b.

The address or legal description of the property on which the violation is occurring.

c.

This chapter and section the action or condition violates.

d.

The date on which the case will be on the court docket for hearing.

e.

Any other information deemed pertinent by the CSD or his designee.

The original copy of the notice to appear (subpoena) shall be forwarded to the Clerk of Court for inclusion on the court's docket for the date indicated on the notice to appear.

(2)

Notice to appear. A notice to appear (subpoena) shall be hand delivered by the Clerk of Court or her designee to City residents and via certified and regular mail by the Clerk of Court's office to all non-residents. The notice to appear (subpoena) shall identify the court date the case will appear before the court and the person's last known mailing address as verified with the Galveston County Tax Office.

(3)

Abatement by City. If the occupant, owner, or person in charge of the property for which a violation notice has been given fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may, if conditions exist that affect health, welfare, safety or contribute to environmental degradation, remove the violation and thereby abate the violation. If necessary, the City may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the cost of the person responsible for creating or maintaining the violation. The violation will be subject to civil fines reflecting the cost to the City, as prosecuted by the City Attorney.

(4)

Payment of costs. All costs and expenses incurred by the City in removing or abating any violation on any private property may be assessed against the property as a lien on the property in addition to any other penalties and costs imposed if the person charged either pleads or is found guilty of causing, creating, or maintaining a violation.

(5)

Violation; first offense. In all cases where the violation is the first offense of the specified chapter violation, a notice of violation shall provide up to fifteen (15) calendar days to abate violations of this ordinance.

(6)

Violation notice; subsequent offenses. In all cases where the violation on public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in subsection (5) of this section, the warning notice sections of this division need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

(Ord. No. 03-2006, § 11.6, 2-23-06)

Criminal: Any person, group, firm, association or corporation violating any of the provisions of this Ordinance is unlawful and shall constitute a "misdemeanor". Each day a violation continues shall constitute a separate violation of this Ordinance. Violations of this Ordinance are a criminal offense and punishable in accordance with the Code of Criminal Procedures, Article 4.14, Jurisdiction of Municipal Court. Fines shall be assessed in accordance with City of Santa Fe, Texas, City Code, Article 1, Section 5, General penalty for violations of code.

Civil: The City reserves the right to seek injunctive relief to prevent, restrain, correct or abate any violation within its jurisdiction as authorized in the Texas Local Government Code, Section 54.012; and or other laws of the State of Texas.

(Ord. No. 03-2006, § 11.7, 2-23-06)