The purpose of Part VI is to establish provisions for the administration
and enforcement of the zoning regulations of the City of Brenham.
The provisions of this ordinance shall be administered and enforced
by the city manager.
Any person, firm, corporation or entity who shall violate or
assists in the violation of any of the provisions of this zoning ordinance
or who shall fail to comply therewith or with any of the requirements
thereof, or who shall commence to erect or alter any building or use
in violation of any detailed statement of plan submitted or approved
thereunder, shall for each and every violation or noncompliance be
guilty of a misdemeanor and upon conviction shall be fined not more
than one thousand dollars ($1,000.00) and each day such violation
shall be permitted to exist shall constitute a separate offense. The
owner of that building or premises or part thereof where anything
in violation of this ordinance shall be placed or shall exist, and
any architect, builder, contractor, agent or corporation employed
in connection therewith who may have assisted in the commission of
any such violation shall each be guilty of a separate offense and
upon conviction shall be subject to the penalties herein provided.
In order to enforce the provisions of this ordinance, the city
attorney is authorized to institute any civil action in the appropriate
court upon the prior approval of the city council.
The building inspector or any duly authorized person shall have
the right to enter upon any premises at any reasonable time for the
purpose of making inspections of buildings or premises necessary to
carry out his duties in the enforcement of this ordinance.
Whenever any construction work is being done contrary to the
provisions of this ordinance, the building inspector may order the
work stopped by notice in writing served on the owner or contractor
doing or causing such work to be done, and any such person shall forthwith
stop such work until authorized by the building inspector to proceed
with the work.
By the passage of this ordinance no presently illegal use shall
be deemed to have been legalized unless specifically such use falls
within a use district where the actual use is a conforming use. Otherwise
such uses shall remain nonconforming uses where recognized, or an
illegal use, as the case may be. It is further the intent and declared
purpose of this ordinance that no offense committed, and no liability,
penalty or forfeiture, either civil or criminal, shall be discharged
or affected by the adoption of this ordinance; but prosecutions and
suits for such offenses, liabilities, penalties or forfeitures may
be instituted or causes presently pending be proceeded with in all
respects as if such prior ordinance had not been repealed.
Nothing in these regulations nor in any amendments hereto which
change district boundaries shall require any change in the plans,
construction or designated use of a building which shall be completed
in its entirety within two (2) years from the date of the passage
of this ordinance, provided such building was authorized by building
permit before the passage of this ordinance and further provided construction
shall have been started within ninety (90) days of the passage of
this ordinance. Commitments with reference to construction of public
utility buildings necessary for proposed expansion of the city made
prior to the passage of this ordinance shall be observed.
If any section, paragraph, subdivision, clause, phrase, or provision
of this ordinance shall be adjudged invalid or held unconstitutional
the same shall not affect the validity of this ordinance as a whole
or any part of provisions thereto other than the part so decided to
be invalid or unconstitutional.
This amended ordinance shall become effective from and after
the date of its approval and adoption as provided by law.