12.01.01. Application: No person shall use, occupy, or develop any land, building or other structures, or authorize or permit such use, occupancy or development, except in accordance with all applicable provisions of this ordinance.

12.01.02. Violations deemed punishable: The owner of any building, structure, or 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 and shall become liable for the penalties herein established.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.01. See editor's note to art. 7.

Before suspension or revocation of any permit or authorization pursuant to this article, the director of administration [city manager], or designee, shall give notice of the intent to suspend or revoke said permit or authorization, which notice shall specify a reasonable time for compliance with this ordinance. After the notice of intent is given, suspension or revocation may not occur before the time for compliance has expired.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.02. See editor's note to art. 7.

12.03.01. Suspension or revocation authorized:

When it has been determined that 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 noncompliance with the provisions of this ordinance, the director of administration [city manager] may suspend the permit, certificate, license, or order, pending compliance with this ordinance. The director of administration [city manager] or designee may revoke a permit if compliance has not been achieved within a reasonable period of time.

The provisions of this section of the ordinance shall apply to:

A.

Certificates of occupancy;

B.

Conditional use permits;

C.

Planned unit development (PUD) designation, including site plan review; and

D.

Variances.

12.03.02. Notice: Notice of suspension or revocation of any of the above shall be sent to the permit holder by certified mail, return receipt requested.

12.03.03. Immediate revocation authorized: A permit or certificate of occupancy may be immediately revoked by the director of administration [city manager] or designee when and if additional noncompliance with this ordinance occurs after the permit has been suspended.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.03. See editor's note to art. 7.

12.04.01. Noncompliance in development or construction: When the city determines that there has been noncompliance with any material term, condition, or requirements of this ordinance, the city may order any person having a proprietary interest in the property or any person engaged in the development of or construction on the property to cease and desist from engaging in the development of or construction activities on the site. The cease and desist order shall be in writing and shall be posted on the site. Additionally, notice shall be mailed to the owner or tenant of the structure. If the structure is unoccupied at the time of noncompliance, the notice shall be mailed to the owner of the property as shown on the current records of the Harris County Tax District. The order shall specifically state the nature of the noncompliance and the acts prohibited.

12.04.02. Legal remedies: The city may bring suit in a court of competent jurisdiction to restrain and enjoin any person attempting or allowing development or construction without a permit or other authorization or who fails to cease and desist from further development or construction after notice of a cease and desist order has been posted in accordance with this article.

12.04.03. Duration of cease and desist order: When the city determines that there has been noncompliance with any material term, condition, or requirements of this ordinance, which constitutes a health or safety hazard, a cease and desist order shall be issued and shall remain in effect until there has been compliance with this ordinance.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.04. See editor's note to art. 7.

12.05.01. Appeal filing: An appeal of a suspension order, revocation order, or cease and desist order, may be made to the director of administration [city manager] or designee, by any person aggrieved, by giving written notice no later than three days after the order has either been received by certified mail or posted on the property. The notice shall state:

A.

The name and address of the person making the appeal;

B.

The facts surrounding the particular case;

C.

The nature of the suspension or revocation order or the cease and desist order; and

D.

The reason or reasons why the ruling should be set aside.

12.05.02. Director of administration [city manager] to hear appeal: The director of administration [city manager] shall hear the appeal, together with any technical testimony presented on behalf of the appellant and that of the city no later than ten calendar days after the appeal has been filed. The director of administration [city manager] shall either affirm or reverse the decision appealed, no later than seven days after the hearing. The appellant shall receive written notice of the decision accompanied by a statement of reasons supporting the decision.

12.05.03. Appeal of hearing decision to board of adjustment: Appeal of the director of administration's [city manager's] decision may be made by any aggrieved party to the board of adjustment. The appellant shall give written notice to the board of adjustment in the manner provided in subsection 12.05.01 of this section.

12.05.04. Board of adjustment to hear appeal: The board of adjustment shall hear the appeal at its next scheduled meeting following the receipt of the notice of the appeal, and shall affirm or reverse the decision of the director of administration [city manager].

12.05.05. Appeals do not stay orders: An appeal brought under this section of the ordinance shall not stay a suspension, revocation, or cease and desist order.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.05. See editor's note to art. 7.

A violation of any of the provisions of this ordinance shall be unlawful and shall constitute a misdemeanor. Each day that a violation continues shall constitute a distinct and separate violation. Any criminal violation of this ordinance shall be fined in an amount not to exceed $2,000.00 per offense. Nothing in this section of the ordinance shall limit in any manner the authority of Seabrook to seek any injunctive or other civil relief remedies available under the laws of the state.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.06. See editor's note to art. 7.

If any building, structure, or land is used, constructed, maintained, repaired, or altered, or any development is undertaken in violation of this ordinance, the city may institute any appropriate action to prevent, restrain, correct, or abate the violation as authorized by V.T.C.A., Local Government Code § 54.012, or other laws of the state.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 11.07. See editor's note to art. 7.