Zoneomics Logo
search icon

Vinton City Zoning Code

CHAPTER 11

Enforcement and Remedies

Sec. 11.01.01 Purpose and Applicability

  • Purpose. The purpose of this Chapter is to set out the procedures for enforcing the UDC and to outline legal remedies available to the Village. Nothing in this Chapter is intended to limit the remedies that are available to the Village to abate violations.
  • Applicability. 
    1. The remedies and enforcement powers set out in this Chapter shall not be considered exclusive remedies, but rather are cumulative with all remedies provided in the UDC and other applicable ordinances and laws.
    2. No land in the jurisdiction of the Village of Vinton, as set out in Sec. 1.01.03Jurisdiction, may be used, nor any building or structure erected, constructed,  enlarged,  altered,  maintained,  moved  or  used, except in a manner consistent with any terms and conditions of any permit or other land  use  approval  or  agreement,  including,  but  not  limited  to: a development  agreement or public  improvement agreement. 
    3. Each calendar day of a continuing violation shall be counted as a separate violation of the UDC.
    4. This Chapter provides general processes to enforce the UDC and is not intended to:
      1. Prescribe any particular remedy or enforcement procedure.
      2. Bar the State of Texas Attorney General from taking action to enforce any State of Texas rule or statute cited in Sec. 5.02.11Distressed County Platting Standards, or any other applicable state rule or statute, including any lawful action to remedy violations of State of Texas rules and statutes.
  • Effective on: 1/1/1901

    Sec. 11.01.02 Enforcement Procedures

  • Responsible Official. The Building Official will administer and enforce the provisions of this UDC and maintain enforcement records.
  • Right to Enter. The Building Official will investigate and determine if a violation of this UDC has occurred. The Building Official, or his or her designee, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections to enforce the UDC.
  • Filing a Complaint. Any person may allege a violation of this UDC by written and signed complaint filed with the Building Official.
  • Notice of Violation. Upon investigation, with or without a complaint, the Village may issue a written Notice of Violation alleging the existence of a violation of the UDC. At a minimum, the Notice of Violation will:
    1. Specify the property where the violation is alleged;
    2. Reference specific Section(s) of the UDC or other requirements alleged to have been violated;
    3. State the citation that may be issued if the property is not brought into compliance; and
    4. State the action(s) required to bring the property or use into compliance and a time frame, not to exceed 30 days.
      1. An extension may be granted if the owner is diligently working towards a resolution; and
      2. The Village reserves the right to deny extensions to repeat violators.
    5. Notice shall be served to the owner, occupant, operator, lessee, agent or other responsible party in person and by certified mail.  The postmark date of the certified letter constitutes the date on which Notice of Violation was served.
  • Informal Dispute Resolution

    1. Generally. Warnings and / or written directions ("written warnings") may be issued by Building Official to notify an owner or other relevant person of an alleged UDC violation and the actions necessary to bring the property into compliance. Subject to the limitations of Subsection E.2, below, warnings are the preferred method to attain compliance.
    2. Limitations. A written warning shall not be necessary to resolve a code issue when, during the previous 24 months, the property owner has been warned of, cited for, or summoned to court for the same violation or when the violation may create an imminent hazard to life or property.
  • Correction of Violation.
    1. For a first violation, the person responsible for the violation shall have a minimum period of 30 days to correct the violation.
    2. For a subsequent or continued violation, the responsible party shall correct the violation within 24 hours, unless the Village prescribes additional time.
    3. A violation that creates an immediate danger to the public safety or health shall be corrected immediately, regardless of whether it is a first, continuing, or subsequent violation.
  • Further Enforcement. If the UDC violation is not corrected, the Village may enforce the UDC as set out in Subchapter 11.02, Remedies, or as otherwise authorized by law.
  • Effective on: 1/1/1901

    Sec. 11.01.03 Penalties and Fines

  • Penalties.
    1. The penalties prescribed in this  Chapter may be imposed upon:
      1. The owner of a building or premises in or upon which a violation of the UDC was committed;

      2. The lessee or tenant of an entire building or entire premises, upon which a violation of the UDC was committed;

      3. An agent, architect, building contractor, or any other person, firm or corporation who participated, facilitated, assisted, or taken any part any violation of the UDC; or

      4. Any person, firm, or corporation who maintained any building or premises upon which a violation of the UDC was committed;

    2. In additional to Village penalties, the State of Texas Attorney General may impose additional penalties as a result of taking action to enforce any State of Texas rule or statute cited in Sec. 5.02.11, Distressed County Platting Standards, or any other applicable State of Texas laws.​
  • Payment and Collection of Fines.
    1. Fines that are imposed shall be payable to the Village no later than 30 days after the date in which action affirming the violation of the UDC is concluded, unless an alternative date is determined.
    2. Assessed fines may be collected by the Village by any means allowed by law.
  • Effective on: 1/1/1901

    Sec. 11.02.01 Non-Judicial Remedies

  • Administrative Remedies. The Village may enforce the UDC prior to, and without, judicial process by:
    1. Withholding Permits. The Village may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of the UDC or those of a referral agency.
    2. Temporary Revocation of Permits. The Village may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.
    3. Suspension of Permits. The Village may suspend permits, including Special Use Permits, to allow for the correction of a violation or In response to a judgment of a court of competent jurisdiction.
    4. Revocation of Permits and Approvals.
      1. Any permit, certificate of occupancy, or other approval required by this UDC may be revoked when it is determined that:
        1. There is a violation of any provision of the UDC;
        2. The permit or approval was issued in error or based on false representation;
        3. Upon the request of a referral agency with jurisdiction and due cause; or
        4. There is a departure from approved plans required under the permit and the UDC and the construction.
      2. Notice. Written notice of revocation shall state a time frame to correct the violation.
      3. Effect of Notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
      4. Failure to Correct. After the period to correct the violation lapses, and arrangements acceptable to the Village have not been made, the Village may:
        1. File litigation in a court of competent jurisdiction; and/or
        2. Remove or correct such violation and cause to be placed a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
    5. Stopping Work. The Building Official shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this UDC by issuing a written stop work order.
      1. The permittee and/or operator shall immediately stop all activity until authorized, in writing, by the Village to proceed.
      2. With or without revoking permits, the Village may stop work on any building or structure in which there is an uncorrected violation of the UDC, a permit, or other form of authorization issued by the Village.
      3. Stop work orders, when issued, will be executed in accordance with the procedures and authorities to stop work under the Building, Fire, and Life Safety Codes.
    6. Cease and Desist Orders. The Village may issue a cease and desist order to close unlawful uses or to halt a violation of this UDC.
  • Special Enforcement Remedies.
    1. Floodplain Remedies. Violations of the Federal Emergency Management Agency (FEMA) floodplain regulations set forth in Subchapter 6.01, Flood Damage Prevention, and Subchapter 6.02, Flood Hazard Management, are subject to the following, in addition to the remedies provided by other subsections of this Section:
      1. New or renewal National Flood Insurance may be denied for any structure remaining in violation or situated on property in violation of this UDC; and
      2. FEMA and the Texas Water Development Board (TWDB) will be notified immediately in writing of any property or structure in violation of the floodplain section of this UDC.
    2. Environmental Health. All environmental health related approvals, permits, and inspections shall be subject to TCEQ review, approvals, inspection, and enforcement. Failure to comply with any TCEQ requirement shall constitute just cause for the Village to initiate the enforcement procedures and remedies set out in this Chapter.
  • Effective on: 1/1/1901

    Sec. 11.02.02 Judicial Remedies

    The Village may seek the following judicial remedies to enforce the UDC:

    1. Injunctive Relief. The Village may seek an injunction to stop any violation granted under the UDC. Such relief may include revocation or termination of permits, including conditional use permits. In any court proceedings in which the Village seeks a preliminary injunction, it shall be presumed that a violation of the UDC is, or may be, an injury to the public health, safety or general welfare or that public health, safety or general welfare may be irreparably injured.
    2. Abatement. The Village may seek a court order in the nature of mandamus, abatement, or other action to abate or remove a violation, or to otherwise restore the premises in question to the condition in which they existed prior to a violation.
    3. Civil Liability. The Building Official, or his or her designee:
      1. Has the authority to issue citations and deliver it to a person believed to be committing a civil violation; and
      2. Is declared to be the official with the duty of enforcing this UDC with respect to:
        1. Appearing and testifying in any trial held with respect to the citation.
        2. Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred.
        3. Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
        4. Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
    4. Criminal Liability.
      1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of the UDC may be punished by fines and / or imprisonment, as prescribed by law, for each week or portion thereof, that the violation or noncompliance has continued.
      2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply with the UDC, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a principal.

    Effective on: 1/1/1901