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Weatherford City Zoning Code

CHAPTER 7

- ENFORCEMENT

Sec. 12-7-100. - Enforcement procedures.

(a)

Enforcement activities. The provisions of the zoning ordinance may be enforced by any officers or employees of the city who are authorized to issue citations, including but not limited to employees of the planning and development department, building inspections department, and police department and their duly authorized designees. These authorized persons shall have the right to enter any premises at any reasonable time for the purpose of making inspections of structures or premises necessary to carry out the enforcement of this ordinance.

(b)

Responsible parties. The owner or owners of any structure, premises, or part thereof, where anything in violation of this ordinance shall be placed or shall exist, any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be subject to prosecution for violation of the provisions of this ordinance and shall, upon conviction, be fined as herein provided. As provided herein, the term "person" shall be defined to include any of the above responsible parties.

(c)

Offenses.

(1)

A person commits an offense if they erect, construct, reconstruct, alter, repair, convert or maintain a use, sign, or structure in violation of any applicable provision of this ordinance.

(2)

A person commits an offense if they fail to maintain any property, sign, or structure in accord with the applicable requirements of this ordinance.

(3)

A person commits an offense if they fail to cease and desist work after issuance and notice of a stop work order duly issued by the director of planning and development, building official or other duly authorized officer or employee of the city.

(4)

Each and every day that a violation of this ordinance continues shall constitute a distinct and separate offense for which prosecution may be had.

a.

Fines and penalties. A person who violates any provision of this ordinance shall be punished, upon conviction, by a fine not to exceed $2,000.00.

b.

General remedies. The city may institute any appropriate action or proceedings to prevent or abate any illegal activity under this ordinance, including but not limited to revocation of permits, removal of the illegal use or structure, and institution of legal action in a court of competent jurisdiction.

c.

Stop work orders.

1.

Whenever any construction activity is being done contrary to any requirements of this ordinance or contrary to the terms of an approved permit, the director of planning and development, building official, or other authorized officer or employee of the city may order the work stopped by notice in writing, served on the property owner or authorized agent. Notice shall be given before the order shall be effective, except when the order must be effective immediately to protect and preserve the public health, safety, or general welfare. Any person so notified of a stop work order shall immediately cease and desist from further construction or work on the subject project, until corrected by compliance and authorized by the director of planning and development, building official, or other authorized officer or employee of the city to proceed with the work. This effect and prohibition of a stop work order shall extend throughout any period of appeal of the said order.

2.

The owner or authorized agent may appeal a stop work order to the director of planning and development or building official by giving written notice within five working days of the issuance of the stop work order. The director of planning and development or building official shall hear the appeal within five working days of receiving the notice of appeal.

d.

Municipal court actions. The city attorney is authorized to prosecute violations of this ordinance in the municipal court of the city.

e.

Civil court actions. The city attorney is authorized to file and prosecute an action at law or in equity, where permitted under the laws of Texas, in a court of competent jurisdiction to enforce the provisions of this ordinance. Civil enforcement may include, but is not limited to, seeking injunctive relief, civil penalties, action for repair, or demolition of a structure. The initiation of one form of enforcement action by the city attorney will not preclude the city attorney from initiating any other form of enforcement action or from pursuing criminal prosecution of violations.

f.

Property owner's right to bring suit. In addition to the city's right to enforce any provisions of this ordinance, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded by a violation of the terms of this ordinance, to bring suit in any court having jurisdiction thereof and obtain such remedies as may be available at law and equity for the protection of the rights of such property owners.