Zoneomics Logo
search icon

West University Place
City Zoning Code

ARTICLE 13

- ENFORCEMENT

Section 13-100. - Certain permits.

Except as provided below, a permit is required for each of the following:

(1)

The erection, moving, construction or alteration of any structure within the City.

(2)

The occupancy of any building space.

(3)

A change in the occupancy of any building space, whether by change in ownership, tenancy or otherwise.

(4)

A change in the use of any building site or structure.

(5)

Any change which would affect the number of off-street parking spaces required by this ordinance for a given building or building space.

Section 13-101. - Other ordinances.

The City Council, by ordinance, may prescribe terms, conditions, fees, regulations, exceptions and procedures for the permits required by this ordinance and may provide for consolidated permits to enforce not only this ordinance but also the other ordinances and regulations of the City.

Section 13-102. - Procedures.

Unless otherwise prescribed by ordinance, a person desiring a permit under this ordinance must apply in writing to the administrative official. Any person aggrieved by any action or inaction of the administrative official with respect to this ordinance may pursue those appeals prescribed by state law or other ordinance of the City.

Section 13-103. - Proof of certain facts.

(a)

Multiple-family residence. It is presumed that two or more families reside upon a given building site if either of the following sets of circumstances is present:

(1)

Seven or more people, with at least three different family names among them, reside upon the building site.

(2)

Two or more persons pay money or give any thing of value to one third party in exchange for the right to live upon separate portions of the building site, where each separate portion is physically separated from the others and each has a separate entrance to the outside.

(b)

Single-family building. It is presumed that a building is used for a residential use other than single-family (attached) use or single-family (detached) use, if the building is separated into two or more rooms or groups of rooms by partitions, locked doors or other devices with the effect of excluding persons who could live in one part of the building from another part of the building which could be used as living space by one or more other persons.

(c)

Control of property. It is presumed that a person controls real property (and all structures on the property) during a given time period, if that person has either arranged for or paid for any utility service for the property for that time period. Proof of such arrangement or payment may consist of excerpts from the customer billing records of the company or entity providing the service.

(d)

Ownership of property. It is presumed that a person owns a given item of property if:

(1)

the person is shown on the current City tax roll as the owner of the property; or

(2)

the property was conveyed (or purportedly conveyed) to the person by deed, bill of sale or other document, and a reasonable search has revealed no similar document conveying (or purporting to convey) the property to someone else.

(e)

Multiple utility service. It is presumed that utility service is provided to a person at a given place during a given time period, if that person has arranged for or paid for the utility service for that place for that time period. Proof of such arrangement or payment may consist of excerpts from the customer billing records of the company or entity providing the service.

(f)

Proof of residence. For purposes of this ordinance only, it is presumed that a person resides in a given place at a given time, if any of the following sets of circumstances is present:

(1)

The person is registered to vote with the place listed as his or her residence at that place.

(2)

The person has arranged for or paid for any utility service with respect to the place in question and for the time period in question; the place is a residence; and the person did not give the company or entity providing the service another address as the person's residence.

(3)

The person has given the address of the place as the person's address at or shortly before that time, without indicating that it is temporary or "in care of" another person.

(4)

According to official records of the Texas Department of Public Safety (or its successor), the person's residence address is at the given place at that time.

(5)

The person has stayed overnight at the given place more than once during the time period in question. Proof of such stays may consist of one or both of the following, or other proof: (i) proof that the person was present at the place for an hour or longer between the hours of 2:00 a.m. and 7:00 a.m. on any two days separated by at least 42, but not more than 90, intervening days; or (ii) proof that a motor vehicle registered in the person's name was present upon or adjacent to the place for an hour or longer between the hours of 2:00 a.m. and 7:00 a.m. on any three separate days, where the first day and the last day are separated by at least 42, but not more than 90, intervening days, together with proof that the person operated the vehicle on at least one of the three days.