(a) 
Permits generally.
(1) 
No building or structure or part thereof shall be hereafter constructed, erected, altered, moved, or placed within the city unless all appropriate permits to comply with this chapter shall have first been issued for such work. No permit or certificate of occupancy shall be issued by the city for building or for connection to the city’s water and wastewater services or a private sewage facility upon any lot in a subdivision or confirming plat for which a final plat has not been approved by the city and filed for record, or upon any lot in a subdivision in which the standards contained in the city’s subdivision ordinance, as amended, or referred to therein, have not been complied with in full. No site clearance, excavation, grading, or land fill on public or private land shall commence unless all applicable permits shall have first been issued for such work.
(2) 
Any owner or occupant may personally make minor improvements and ordinary repairs on any structure without a permit provided that such improvements and repairs conform to all applicable building laws and codes. The CEO shall have the right to inspect all such improvements or repairs and determine whether a permit is necessary.
(b) 
Moving permit.
No building or structure or part thereof shall be moved onto or over the city streets unless a permit shall have first been issued for such move.
(c) 
Bond or deposit.
(1) 
Before any permit pursuant to this chapter is issued, the applicant shall file with the city a corporate surety bond, approved by the city attorney, or a cash deposit with the city, which deposit shall be placed in an escrow account in accordance with the following table:
Estimated Cost of Construction
Surety Bond
Cash Deposit
$0.00 - $500.00
None
None
$500.01 - $1,000.00
$250.00
$25.00
$1,000.01 - $2,000.00
$500.00
$50.00
$2,000.01 - $5,000.00
$1,000.00
$100.00
$5,000.01 - $10,000.00
$2,500.00
$250.00
$10,000.01 - $30,000.00
$10,000.00
$1,000.00
$30,000.01 and above
Thirty-three percent of costs
Ten percent of costs
(2) 
When applications are submitted where the costs of the total project are estimated to be more than $30,000.00, the CEO may require that a bond or deposit in an amount based on a percentage of the cost of the project in question shall be tendered prior to issuance of a permit. The CEO may require a larger or smaller bond or deposit when, in his or her opinion, the nature of the permit indicates such a need. Such bond shall be conditioned upon the applicant’s compliance with this chapter and other ordinances of the city, and shall secure and may be used for the payment of any and all damages to persons or property (including the city) which damages arise from, or are caused by, any act or conduct of or authorized by the applicant.
(d) 
Insurance.
Before a construction project is started for which a bond or deposit is required under this chapter, each person applying shall furnish to the city evidence that he or she has procured public liability and property damage insurance in the following amounts:
(1) 
For damages arising out of bodily injury or death of one person in any one accident: $100,000.00.
(2) 
For damages arising out of bodily injury or death of two or more persons in any accident: $300,000.00.
(3) 
For injury or destruction of property in any one accident: $100,000.00.
Such insurance shall be kept in full force and effect during the period of time for which a bond or deposit shall be issued or the premises occupied. The city may waive this insurance requirement for minor construction projects.
(e) 
Exemptions.
State, county and federal agencies are exempt from the bond and deposit requirements.
(Ordinance 28-1201-(1), ex. A (3.104), adopted 12/28/01)
(a) 
Application for permit.
To obtain a permit under this chapter, the applicant shall first file an application therefor in writing. Each such application shall be accompanied by the required fee and shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made;
(2) 
Describe the land on which the proposed work is to be done, by lot, block, tract and house or structure and street address, or similar description that will readily identify and definitely locate the proposed work;
(3) 
Indicate the use and occupancy for which the proposed work is intended;
(4) 
Be accompanied by plans and specifications as required in subsections (b) and (c) of this section;
(5) 
State the valuation of the proposed work;
(6) 
Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate authority;
(7) 
Give such other information as reasonably may be required by the CEO.
(b) 
Site plan.
All applications for building permits shall be accompanied by a site plan drawn to scale, together with such additional copies as the CEO may determine to be necessary for review by other city officials. The site plan shall contain the following:
(1) 
A legal description of the land included on the site plan and of the lot; the addresses and telephone numbers of the owner, the builder and the designer or architect;
(2) 
Lot and block number; and street number as approved by the U.S. Postal Service;
(3) 
The actual shape, location, and dimensions of the lot, an arrow pointing north and the lot area of the land included in the site plan;
(4) 
Erosion and sedimentation controls in use during construction;
(5) 
Location and dimensions of easements and setback requirements;
(6) 
Floodplain elevations, showing the floodway and that portion of the lot which is subject to inundation by the 100-year flood;
(7) 
Location of existing and proposed walks, driveways, off-street parking design and access roads;
(8) 
The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate;
(9) 
Existing and proposed grades and drainage systems and structures, with topographic contours at intervals not exceeding two (2) feet;
(10) 
The architectural design, shape, size and location of all buildings or other structures to be erected, altered, or moved and of any buildings or other structures already on the lot;
(11) 
Site clearance and excavation plans;
(12) 
Exterior lighting plans;
(13) 
Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being complied with.
(c) 
Construction plans.
Construction plans and specifications for all contemplated construction on the site shall be provided to the CEO, and such plans shall include at least the following information:
(1) 
Scaled floor plan of each floor and of the basement, if any, for each building.
(2) 
Plan of all attached terraces, porches, or covered walkways, and/or attached or detached garage or carport and accessory buildings, parking lots and driveways, and all other structures as herein defined. All setback dimensions shall be indicated on the plans.
(3) 
Location and size of all permanently installed construction and equipment, such as closets, storage, plumbing fixtures, appliances, etc.
(4) 
Location and symbols of all electrical equipment, including switches, outlets, fixtures, etc.
(5) 
Exterior elevations:
(A) 
All exterior elevations.
(B) 
Wall and roof finish materials.
(C) 
Dimensions of overhang.
(D) 
Height from finished ground grade.
(E) 
Undisturbed and finished ground grade line.
(6) 
Structural section:
(A) 
Cross-section of typical wall construction details.
(B) 
Scale plan of foundation and pertinent section of typical beams, footings, girders, etc.
(7) 
Architect/engineer seal, when applicable (only if required by state law):
(A) 
Architects or engineers shall affix their seal, actual signature, and date of affixation to all original construction drawings, including index sheets identifying all drawings covered, addenda, and change orders which are developed and issued under the direct supervision or authorship of the architect as contract documents.
(B) 
Those sheets or pages prepared by consultants (structural, mechanical, electrical, etc.) retained by the architect or engineer shall also bear the seal and registration number of the consultant responsible therefor. The architect’s seal on the work of his/her consultants shall be applied only after the seal of the consultant has been applied and shall attest only to the architect’s coordination of the consultant’s work with that of the architect’s and does not imply the architect’s practice of engineering or other consultant’s specialty. The engineer’s seal on the work of his/her consultants shall be applied only after the seal of the consultant has been applied and shall attest only to the engineer’s coordination of the consultant’s work with that of the engineer’s and does not imply the engineer’s practice of architecture or other consultant’s specialty.
(C) 
An architect’s seal is required on plans relating to new commercial permits. An engineer’s seal is required when mandated by state law, city ordinance or the technical codes.
(8) 
Erosion and sedimentation control plan to be used during construction.
(9) 
Such other information as deemed reasonably necessary by the CEO. If a geotechnical report or engineered foundation plans are required, the applicant may provide a report covering the soil conditions typical to the area and may provide a typical foundation plan for such conditions. The applicant would not have to submit a separate report or a separate plan for each individual site.
(d) 
Licensing.
Any work required to be performed by a licensed operator must have such license submitted at the time of application for a permit. The permit may only be issued in the name of the licensed operator. No other person may perform services or work requiring a license unless such person is permitted by the terms of this chapter, has a valid permit for the work or service and has a current valid license from the state to perform the services or work.
(e) 
Verification of compliance with Architectural Barriers Act.
For all public and private commercial projects in excess of $50,000.00, the owner shall be required to verify compliance with the Texas Architectural Barriers Act or claim exemption.
(Ordinance 28-1201-(1), ex. A (3.105), adopted 12/28/01)
(a) 
Review of application.
The application, plans, specifications and other data filed in support of a permit or license shall be reviewed by the CEO or other inspector. The city engineer may be asked by the CEO to review the permit application and plans to insure compliance with this chapter and other applicable city ordinances, codes, standards and specifications, and good engineering practices. If the CEO determines that the work described in an application and the required plans, specifications, and other data comply with this chapter and other applicable ordinances, and that all fees have been paid, (s)he shall issue the permit or license, as applicable, to the applicant.
(b) 
Fees.
Applicable fees pursuant to city ordinances and as set forth in appendix A of this code shall be paid, including, but not limited to, all professional fees, engineer, and attorney fees incurred by the city for or with respect to the review, processing and approval of the application for the approval of the permit.
(c) 
Approval or denial.
When the CEO issues a permit where plans are required, the approved plans and specifications shall be endorsed or stamped “APPROVED.” The approved plans and specifications shall not be changed, modified, or altered without authorization from the CEO. All work shall be done in accordance with the approved plans. Approval of an application for permit is not guaranteed and approval does not authorize deviation from any ordinance or statute. The applicant must tender all relevant information requested by the CEO in the format required in a timely fashion to the CEO. All applications denied shall be endorsed or stamped “DENIED.” The CEO shall indicate the reason for denial in writing to the applicant. The applicant may appeal the decision of the CEO as provided in section 3.02.012 herein by filing a notice of appeal with the city secretary specifying the grounds for appeal therein. The duration of time required for review of permit applications and plans shall depend on the availability of the CEO.
(d) 
Permit for part of work.
The CEO may issue a permit for construction of part of a building, structure, or building service equipment before the entire plans and specifications for the whole building, structure, or building service equipment have been submitted or approved, when information and detailed statements have been filed with the city which the CEO determines adequately comply with the requirements of this chapter. The holder of a permit issued under this subsection may proceed with construction at his or her own risk, without assurance that the permit for the entire building or structure will be approved. No vested right shall arise under a permit issued under this subsection.
(e) 
Validity of permit.
The issuance of a permit and the approval of plans and specifications is not a permit for, or an approval of, any violation of any provision of this chapter or any other city ordinance. Issuance of a permit based on plans, specifications, and other data shall not prevent the CEO from thereafter requiring the correction of errors in the plans, specifications, and other data, or from preventing building operations being carried on thereunder when in violation of this chapter or other applicable city ordinances. No permit presuming to give authority to violate or cancel any requirement or provision of this chapter [shall be valid].
(f) 
Expiration and extension of permit.
(1) 
A building permit expires if work authorized by the permit is not commenced within 180 days. An extension may be granted by the CEO for good cause. This extension must be requested in writing before the permit expires and must be granted in writing to be effective.
(2) 
A building permit expires if work authorized by the permit, once begun, is suspended or abandoned for more than 180 days. A single extension of up to 180 days may be granted by the CEO for good cause. The extension must be requested before the permit expires and must be granted in writing to be effective.
(3) 
After a building permit has expired, no work shall be commenced until a new permit has been applied for, fees paid and the permit has been issued by the CEO.
(g) 
Suspension, withholding or revocation of permit or license.
(1) 
For good cause, the CEO may suspend, withhold or revoke a permit or license issued by the city. Good cause may include, but is not limited to, the following:
(A) 
Failure or refusal to permit inspection of a site, location or building where work is being performed under a current permit.
(B) 
Failure or refusal to stop work and correct deficiencies when duly notified as described in section 3.02.005.
(C) 
Fraud or misrepresentation in obtaining a permit or license.
(D) 
Violation on more than one occasion, either willfully or maliciously, or by reason of incompetence, of any provisions of the technical codes.
(E) 
Refusal to comply with the lawful requirements of the CEO, or bad faith or unreasonable delay in the performance of any installation, alteration or changes required by the CEO or the correction of any defect pointed out by the CEO.
(F) 
Consumption of alcoholic beverages, intoxication or use of narcotics during construction which may create a dangerous work environment, or workers being impaired by the use of narcotics on a permitted work site.
(G) 
Existing adjudication of insanity of the permittee or licensee.
(H) 
Conviction of the permittee or licensee who are to be contractors on a site of defrauding any person to whom (s)he has rendered or contracted to render services.
(I) 
Securing a permit or license for work that is not actually performed or supervised when permitted by the permittee or licensee.
(J) 
Securing a permit under any pretext for construction or installation concerning which the applicant has no valid contract.
(2) 
Each permittee shall have a fiduciary duty to supervise any person performing work at a site for which the permittee holds a permit. The permittee shall be responsible for any violations of this chapter by any person performing work at a site for which the permittee holds a permit.
(3) 
The CEO may withhold the issuing or renewal of a license or permit to an applicant for the same reason and by the same process used for revocation or suspension described in this subsection.
(h) 
Transfer of license or permit.
(1) 
No license or permit issued in accordance with this chapter shall be assignable or transferable.
(2) 
No work shall be performed by any person not the holder of a license required by this chapter.
(3) 
No person shall employ another person for doing work for which a license is required unless such person proposed to be employed is the holder of the proper license.
(4) 
No licensee shall assign or in any other manner convey his or her license, the use thereof or any rights thereunder to anyone by power of attorney or any other process. Should any licensee violate this subsection, the license theretofore issued to him or her under this chapter shall by that act alone become null and void. However, any such prior assignment or other conveyance made by a licensee shall not be an effective or valid assignment of such license after its expiration date.
(Ordinance 28-1201-(1), ex. A (3.106), adopted 12/28/01)
(a) 
Generally; inspection before issuing permit.
Before issuing a permit, the CEO may examine or cause to be examined any building or electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy or use. The CEO shall inspect all buildings, structures, and electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. Prior to issuing a certificate of occupancy to any premises, the CEO may conduct a through inspection of the premises for which a certificate of occupation is requested. The CEO shall make a record of every such examination and inspection and of all apparent violations.
(b) 
Manufacturers and fabricators.
When deemed necessary by the CEO, the CEO shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the building regulations.
(c) 
Use of inspection service.
The CEO may make, or cause to be made, the inspections required by this chapter. The CEO may accept reports of inspectors of recognized inspection services, provided that after investigation the CEO is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.
(d) 
Inspections during work; final inspection.
The CEO shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, and electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the certificate of occupancy or completion.
(e) 
Posting of permit card.
Work requiring a permit shall not commence until the permit holder or his or her agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in such position as to permit the CEO or representative to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the CEO.
(f) 
Required inspections.
The CEO upon notification from the permit holder or his or her agent shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes.
(g) 
Building.
(1) 
Foundation inspection: To be made after trenches are excavated and forms erected.
(2) 
Frame inspection: To be made after the roof, all framing, fireblocking and bracing is in place, all concealed wiring, and all pipes, chimneys, ducts and vents are complete.
(3) 
Final inspection: To be made after the building is completed and ready for occupancy.
(h) 
Electrical work.
(1) 
Underground inspection: To be made after trenches or ditches are excavated, and conduit or cable installed, and before any backfill is put in place.
(2) 
Rough-in inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes.
(3) 
Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected and the structure is ready for occupancy.
(i) 
Plumbing.
(1) 
Underground inspection: To be made after trenches or ditches are excavated and piping installed and before any backfill is put in place.
(2) 
Rough-in inspection: To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to the installation of wall or ceiling membranes.
(3) 
Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.
(j) 
Mechanical work.
(1) 
Underground inspection: To be made after trenches or ditches are excavated and underground duct and fuel piping installed, and before any backfill is put in place.
(2) 
Rough-in inspection: To be made after the roof, framing, fireblocking and bracing are in place and all ducting and other concealed components are complete, and prior to the installation of wall or ceiling membranes.
(3) 
Final inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.
(k) 
Other inspections.
In addition to the required inspections specified above, the CEO shall make or require to be made any other inspections of any construction work to ascertain compliance with the provisions of this chapter and other laws which are enforced by the city.
(Ordinance 28-1201-(1), ex. A (3.107), adopted 12/28/01)
(a) 
Generally.
Whenever any building work is being done contrary to the provisions of this chapter, or another controlling ordinance or statute governing the building, the CEO may order the work stopped by notice verbally or in writing served on any persons engaged in doing or causing such work to be done, and the city shall post a stop work order on the property adjacent to the posted building permit, and any such persons shall forthwith stop such work until authorized by the CEO to proceed with the work. If no permit has been issued, all work shall stop until a permit has been properly issued and all errors corrected to the satisfaction of the CEO. The CEO may also issue a work correction order, which shall be served upon any persons who are working on a certain aspect of the construction project. The work on other aspects of the construction not in violation of the city’s ordinances may proceed, but work shall cease as to that aspect in violation of the city’s ordinances.
(b) 
Occupancy and use violations.
Whenever any structure is being used contrary to the provisions of this chapter, the city zoning ordinance provisions applicable to such structure, lot, parcel or tract of property upon which the structure is located, or the city subdivision ordinance provisions applicable to such structure, lot, parcel or tract upon which the structure is located, the CEO may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten (10) days after receipt of such notice or make the structure, or portion thereof, comply with the requirements of this chapter. If the CEO determines that any building, structure or premises has not been brought into compliance within the requisite time period, the CEO may by written notice, as provided in section 3.02.010, immediately revoke the certificate of occupancy.
(Ordinance 28-1201-(1), ex. A (3.108), adopted 12/28/01)
(a) 
Required.
No building or structure shall be occupied, and no change in the existing occupancy or classification of a building or structure or portion thereof shall be made, until the CEO has issued a certificate of occupancy therefor, as provided herein, and such permit is current and not revoked. Prior to any connection of utilities or transfer of utilities from one name to another or from one location to another, the primary occupant must have been issued a certificate of occupancy or a temporary certificate of occupancy.
(b) 
Change in use.
Changes in the character or use of a building or structure shall not be made except as specified by this chapter and the technical codes adopted in this chapter.
(c) 
Issuance.
After final inspection, when it is found that the building or structure complies with the provisions of this chapter, the city zoning ordinance provisions applicable to such structure, lot, parcel or tract of property upon which the structure is located, and the city subdivision ordinance provisions applicable to such structure, lot, parcel or tract upon which the structure is located, the CEO shall issue a certificate of occupancy or completion, which shall contain the following:
(1) 
The use and occupancy for which the certificate is issued;
(2) 
A certification that the building or structure complies with the provisions of this chapter;
(3) 
The permit number of the building or structure;
(4) 
The address of the building or structure;
(5) 
The name and address of the owner and occupant;
(6) 
A description of that portion of the building or structure for which the certificate is issued;
(7) 
A statement that the described portion of the building or structure complies with the requirements of this chapter for the group and division of occupancy and the use for which the proposed occupancy is classified;
(8) 
The name of the CEO.
(d) 
Temporary certificate.
A temporary certificate of occupancy may be issued by the CEO for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The temporary certificate shall state thereon the duration for which the certificate is issued and, where no duration is indicated, the certificate shall be for no more than 180 days from the date of issuance.
(e) 
Nonconforming uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by any ordinance of the city identifying the lawful nonconforming use. Application for such certificate of occupancy for a nonconforming use shall be filed with the CEO by the owner or primary occupant of the building or land occupied by such nonconforming use within one (1) year of the effective date of this article. It shall be the duty of the CEO to issue a certificate of occupancy for a lawful nonconforming use, or refusal of the CEO to issue a certificate of occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist.
(f) 
Connection of utilities.
No person shall make connections from a utility source which is regulated by the technical codes for which a permit is required to any building or system until released by the CEO and a certificate of occupancy or completion is issued.
(g) 
Temporary connection of utilities.
The CEO may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.
(h) 
Authority to disconnect utilities in case of emergency.
The CEO shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes, in case of emergency, where necessary to eliminate an immediate hazard to life or property. The CEO shall notify the serving utility, and whenever possible the owner and occupant of the building, structure or service system, of the decision to disconnect, if possible, prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
(i) 
Authority to disconnect utilities for failure to obtain a certificate of occupancy.
The CEO shall have authority to authorize disconnection of utility services to any building, structure or system regulated by the technical codes for which a certificate of occupation has been revoked or is required and has never been issued to the current occupant after written notice and an opportunity to correct as provided in section 3.02.009 [3.02.008]. Before utilities may be disconnected, the CEO shall send a notice specifying that the owner or occupant must bring the property into compliance or the utilities will be disconnected and indicating that the owner or occupant may appeal to the board of adjustments within ten (10) days of the date of the letter.
(Ordinance 28-1201-(1), ex. A (3.109), adopted 12/28/01)
(a) 
Any person may apply for a variance of any provision of this chapter by submitting a written application to the CEO citing the specific provision of this chapter for which a variance is sought and setting forth with particularity the reasons for such request. The CEO shall review such an application and forward the application to the board of adjustments for consideration and approval or denial. If a person wants to protest the decision of the board of adjustments, an appeal must be made to the district court of competent jurisdiction within ten (10) days of the denial as provided in section 3.02.012.
(b) 
A person may not proceed with any operation for which a permit or variance is required by this chapter unless and until the appropriate permit or variance has been granted.
(Ordinance 28-1201-(1), ex. A (3.110), adopted 12/28/01)
(a) 
Enforcement officers.
The CEO, his or her representatives, and any officer charged with enforcement of the ordinances of the city, including any peace officer of the city, may enforce the provisions of this section.
(b) 
Citations.
If an officer charged with the enforcement of this chapter shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner, occupant and/or responsible party for the property upon which such condition exists, as may be deemed appropriate and necessary.
(c) 
Imminent threat.
If an officer charged with enforcement of this chapter determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner, occupant or responsible party for the property is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare. In such event, the city may prosecute an action in any court of competent jurisdiction to recover its costs.
(d) 
Failure to correct violation.
If any owner, occupant or responsible party shall fail or refuse to remedy any of the conditions prohibited by this chapter within ten (10) days after written notice to do so, the city may do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the property, and such charge shall be a personal liability of such owner(s), occupant(s) and/or responsible parties to the city.
(e) 
Service of notices.
Notices required pursuant to this chapter shall be in writing. Such notices may be served upon such owner(s), occupant(s) and/or responsible party as follows: in person by an officer or employee of the city; by certified letter addressed to such owner, occupant and/or responsible party at his/her post office address; or, if personal service may not be had, or the owner, occupant, or responsible party’s address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. The notice shall state “Building and Construction Regulations,” “To Whom It May Concern” and a brief statement of the violation(s). Service of the notice by any one of the above methods, or by a combination thereof, shall be deemed sufficient notice.
(f) 
Refusal of notice.
If an owner is mailed a notice in accordance with subsection (e) and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(Ordinance 28-1201-(1), ex. A (3.111), adopted 12/28/01)
Whenever an immediate danger to the health, life or safety of any person exists as a result of any building or premises violations or conditions on any lot, parcel or premises within the city, the city may abate the nuisance without notice to the owner. If the utility connections to the property need to be disconnected to the property to prevent further risk or damage, the CEO may direct that the necessary utilities be disconnected. In the event the city abates the nuisance under this section, the city shall forward notice to the owner within ten (10) days in the manner set forth herein.
(Ordinance 28-1201-(1), ex. A (3.112), adopted 12/28/01)
(a) 
Notice.
In addition to any other remedy provided in this chapter and cumulative thereto, the CEO, after giving to the owner, occupant and/or responsible party of the property ten (10) days’ notice in writing, as provided herein, may cause any of the work or improvements mentioned in this chapter to be done at the expense of the city, and charge the utility bill of the property on which such work or improvements are done as well as cause all of the actual cost to the city to be assessed on the real estate or lot on which such expenses occurred; provided that the owner, occupant and/or responsible party of any such real estate may appeal to the board of adjustments from the order of the CEO by filing an appeal, as provided in section 3.02.012, within ten (10) days after receipt of the notice provided for above, stating that such real estate complied with the provisions of this chapter before the expiration of a ten (10) day period and requesting a hearing.
(b) 
Appeals.
The board of adjustments shall set a date, within thirty (30) days from the date of the appeal, for hearing the appeal to determine whether the real estate complied with the provisions of this chapter before the expiration of such ten (10) day period.
(c) 
Suspension.
The authority of the CEO to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending.
(d) 
Compliance prior to abatement.
If it shall be determined by the board of adjustments that the premises complied with the provisions of this chapter before the expiration of the ten (10) day period, then no personal liability of the owner or occupant shall arise nor shall any lien be created against the premises upon which such work was done.
(Ordinance 28-1201-(1), ex. A (3.113), adopted 12/28/01)
(a) 
Authority.
Cumulative of the city’s remedy by fine, as set forth herein, the city may do such work or cause the same to be done to remedy such condition to remove such matter from such owner’s premises at the city’s expense and charge the same to the utility bill of such property and assess the same against the real estate or lot or lots upon which such expense is incurred.
(b) 
Addition of costs to utility bill.
Expenditures plus ten (10) percent per annum interest on the expenditures from the date of such payment by the city shall be added to the next billing cycle for utility bills for the real estate or lot or lots, if not already paid. Payment shall be due and payable in full by the owner or occupant at the time of payment of such utility bill. If the property is unoccupied, no utilities shall be furnished to the property where the work occurred until such obligation, as herein set out, payable to the city for abatement of any nuisance described herein is paid in full.
(c) 
Lien.
Upon filing with the county clerk of a statement by the city secretary or designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made and ten (10) percent per annum interest on the amount from the date of such payment so made by the city.
(d) 
Suit to recover costs.
The city may, additionally, institute suit and recover such expenses and foreclose such lien in any court of competent jurisdiction, and the statement so filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements to remedy such condition or remove any such matter.
(Ordinance 28-1201-(1), ex. A (3.114), adopted 12/28/01)
(a) 
Filing.
Unless otherwise provided in this chapter, any person aggrieved by a decision of an officer or CEO acting under this chapter or any officer, department, board or bureau of the city affecting a property under this chapter may appeal such decision to the board of adjustments. Such appeal shall be made by filing with the office of the board of adjustments within ten (10) days of the action or incident being appealed. A notice of appeal specifying each and every ground for appeal shall accompany the appeal and state thereon “Notice of Appeal.” The officer, department, board or bureau from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from is taken.
(b) 
Notice of hearing.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall give public notice of the hearing and due notice to the parties in interest.
(c) 
Findings of fact.
The board of adjustments shall file findings of fact within a reasonable time after the final decision of the board of adjustments is announced. The findings shall be in writing filed in the office of the city secretary. Filing of the minutes of the meeting of the board of adjustments meeting at which the appeal hearing was held shall constitute a filing of the findings of fact absent a more specific filing prior to filing the minutes.
(d) 
Appeal of action of board.
Any party aggrieved by the decision of the board of adjustments shall have ten (10) days from the date of the filing of the findings of fact to file an appeal with the district court of competent jurisdiction.
(Ordinance 28-1201-(1), ex. A (3.115), adopted 12/28/01)
(a) 
Any person who shall violate any of the provisions of this chapter or the technical codes adopted herein, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits, shall be deemed guilty of a misdemeanor offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b) 
Any person who shall remove a notice of violation or a placard posted pursuant to this chapter from a property prior to correction of the deficiencies indicated thereon shall be deemed guilty of a misdemeanor offense.
(c) 
Any person who shall knowingly or intentionally provide false information on any application required pursuant to this chapter shall be deemed guilty of a misdemeanor offense.
(d) 
Any person who shall occupy a building, or any part thereof, without having received a certificate of occupancy in compliance herewith, within the city limits, shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(e) 
On motion of the city or the judge of municipal court, any person convicted under this chapter or placed on deferred adjudication or other form of deferral who is assessed a penalty and who does not pay the penalty in full as ordered by the court may be assessed the penalty against the defendant’s property in the same manner as a judgment in a civil suit by order of the municipal judge pursuant to Texas Code of Criminal Procedure section 45.047, as amended from time to time.
(Ordinance 28-1201-(1), ex. A (3.116), adopted 12/28/01)
(a) 
No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the city for or with respect to any lot, tract or parcel of land within the city limits, after the effective date of this article, except in compliance with all then-applicable requirements of this chapter, the city zoning ordinance provisions applicable to the property and the city subdivision ordinance provisions applicable to the property.
(b) 
This chapter and any code or provision adopted by this chapter may be further enforced by civil injunction and other civil and criminal judicial proceedings, either at law or in equity, and in lieu of or in addition to any other authorized enforcement or action taken. Any person who violates any term or provision of this chapter with respect to any land, property, building or development within the city may also be fined as well as charged all other penalties, civil and criminal, as provided herein and by state law.
(c) 
Upon the request of the city council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this chapter, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the city to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this chapter.
(Ordinance 28-1201-(1), ex. A (3.117), adopted 12/28/01)
No utility service provider using the rights-of-way of the city to access any customer within the city limits shall connect or reconnect utility services to such customer after the effective date of this article unless and until the customer has provided proof that the structure to be serviced has a current and valid certificate of occupancy or temporary certificate of occupancy. Each utility service provider utilizing city rights-of-way to provide services to any customer within the city limits shall cooperate with the CEO to terminate services as provided herein and shall provide information concerning the services provided to any customer within the city limits to the CEO to carry out the duties of the CEO under the provisions of this chapter.
(Ordinance 28-1201-(1), ex. A (3.118), adopted 12/28/01)
In any prosecution charging a violation of this chapter governing the failure to comply with any notice or order or failure to apply for a building permit or other permit or license required herein, proof that the particular property described in the complaint was in violation of any section of this chapter, together with proof that the defendant named in the complaint was, at the time of such notice or order or at the time when work was performed without a permit, the registered owner of such property, shall constitute in evidence a prima facie presumption that the registered owner of such property was the person who failed to comply with the notice or order or failed to apply for a permit for the time during which such violation occurred.
(Ordinance 28-1201-(1), ex. A (3.119), adopted 12/28/01)
(a) 
Each contractor and property owner who engages to perform work within the limits of the city shall, at his own expense, lease from the franchise collection agency, a roll-off container of sufficient size to accommodate all waste produced at the site. The container shall be placed at each construction site for the disposal of all waste accumulated as a result of any and all construction, remodeling, demolition, or destruction of any and all buildings or improvements on any lot, lots, or parcels of land within the limits of the city.
(b) 
Each building permit issued represents a construction site. Said containers shall be kept at a place and in a position to be designated by the franchise collection agency and the premises shall be maintained in a neat and orderly condition by depositing the construction waste in the said container on a daily basis.
(c) 
Each contractor and property owner shall be responsible for the construction site so that building materials and debris will be contained on the site of construction. Litter or other debris, including dirt and mud, deposited upon any public place or private premises as a result of normal construction, remodeling, demolition, or landscaping process shall be removed by the contractor and/or property owner on a daily basis.
(Ordinance 2022-03-14(8C), sec. 2, adopted 3/14/22)
(a) 
Office established.
The office of CEO is hereby created, and the executive official in charge shall be known as the CEO.
(b) 
Appointment and removal.
The CEO shall be the employee designated from time to time to perform the duties of the position.
(c) 
Acting CEO.
During temporary absence or disability of the CEO, the appointing authority shall designate an acting CEO.
(Ordinance 28-1201-(1), ex. A (3.121), adopted 12/28/01)
The CEO shall be in good health and physically capable of making the necessary examinations and inspections. (S)He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with building construction, alterations, removal and demolition. The CEO shall have no financial interest in any business or person, either directly or indirectly, that is engaged in any construction requiring a permit under this chapter, including but not limited to new construction, remodeling, electrical, gas, mechanical or plumbing.
(Ordinance 28-1201-(1), ex. A (3.122), adopted 12/28/01)
(a) 
Permits, notices and orders.
The CEO shall receive applications required by the technical codes, issue permits and furnish the prescribed certificates. (S)He shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is conducted safely. (S)He shall enforce all provisions of the building code and, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the codes and render written reports on the same. To enforce compliance with the law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.
(b) 
Inspections.
Inspections required under the provisions of the technical codes shall be made by the CEO or his duly appointed assistant. The CEO may accept reports of inspectors or recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the technical codes shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.
(c) 
Records of work required.
The CEO shall keep permanent comprehensive records of applications, all permits issued, any and all fees collected, certificates issued, inspections made, and reports rendered and of notices or orders issued for each property accurately reflecting the names, physical location of the property and dates on each document.
(d) 
Records to be open to public inspection.
All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the CEO without his/her written consent.
(e) 
Monthly reports.
The CEO shall make written reports to his immediate superior once each month, or more often if requested, including statements of permits and certificates issued and orders promulgated.
(f) 
Records of fees.
The CEO shall keep a permanent, accurate account of all fees and other monies collected and received under this chapter, the names of the persons upon whose account the same were paid, and the date and amount thereof, together with the location of the building or premises to which they relate.
(Ordinance 28-1201-(1), ex. A (3.123), adopted 12/28/01)
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the CEO or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe or constitutes a violation of this chapter, the CEO or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the CEO by this chapter; provided that, if such building or premises be occupied, he shall first present proper credentials and demand entry, and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the CEO or his authorized representative shall have recourse to every remedy provided by law to secure entry.
(Ordinance 28-1201-(1), ex. A (3.124), adopted 12/28/01)
In accordance with the procedure and with the approval of the city council, the CEO may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. With the approval of the city council, he may deputize such employees as may be necessary to carry out the functions of the CEO.
(Ordinance 28-1201-(1), ex. A (3.125), adopted 12/28/01)
The CEO, members of the board of adjustments, or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the CEO or such employee because of any act or omission by him in the discharge of his duties under any provision of this chapter shall be defended by the city attorney or an attorney appointed by the city’s insurance carrier until final termination of the proceedings.
(Ordinance 28-1201-(1), ex. A (3.126), adopted 12/28/01)
The CEO may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the city.
(Ordinance 28-1201-(1), ex. A (3.127), adopted 12/28/01)