(a)

General. It shall be unlawful for any person to use, own, possess, rent (as landlord or as tenant), occupy or control any real or personal property within the City which does not comply with this ordinance.

(b)

Construction, alteration, etc. It shall be unlawful for any person to erect, move, construct or alter any real or personal property within the City which does not comply with this ordinance.

(c)

Permits, licenses, etc. It shall be unlawful for any person to use, own, possess, rent (as landlord or as tenant), occupy, control, erect, move, construct or alter any real or personal property if this ordinance requires a permit, license, or other permission for such conduct, unless the required permit, license or other permission has been duly issued and is in effect.

(d)

Other violations. It shall be unlawful for any person to violate any other provision of this ordinance.

It is an affirmative defense in any proceeding to enforce this ordinance that any of the following sets of circumstances is applicable:

(1)

A variance, special exception or planned development district ordinance authorizing the condition or activity in question was duly issued or adopted, as the case may be, and all limitations and conditions therein prescribed are completely observed and fulfilled.

(2)

The condition or activity in question had status as a prior non-conformity (with respect to the provision alleged to be violated) at the time of the alleged violation, in accordance with Article 12.

(3)

The condition or activity in question is: (i) controlled by the City itself or its officers, agents, employees or contractors, in the course of their duties for the City, and (ii) approved by the City Council.

(a)

Fines. The violation of any provision of this ordinance shall be punishable by a fine. No fine shall exceed any limit imposed by state law. The fine for each offense may not exceed $2,000, provided that this limit shall automatically increase to include any penalty now or hereafter within the jurisdiction of the City's municipal courts under Section 29.003 of the Texas Government Code or otherwise allowed by Chapter 54 of the Texas Local Government Code or other state law. Each day any violation continues shall constitute a separate offense.

(b)

Other remedies. Nothing in this ordinance limits any other remedies available to the City or later becoming available to the City, including, without limitation, those remedies specified in Chapters 54 and 211 of the Texas Local Government Code and other similar provisions of state law. All such other remedies may be availed of regardless of whether a criminal prosecution is, has been or will be pending or completed. No remedy shall be a bar to any other remedy.