(A)
General.
The Board of Adjustment created under the charter shall sit
ex-officio as the Board of Appeals under the City Construction Code
or any element thereof. This section shall govern appeals taken from
actions of an administrative official pursuant to the City Construction
Code, or any element thereof.
(B)
Basis.
Appeals may be made to the Board of Adjustment by an aggrieved
person:
(1)
Where it is alleged there is an error in any order, requirement,
decision, or determination made by an administrative official in the
enforcement of this chapter; or
(2)
To authorize in specific cases such variances from the terms of this
chapter or the City Construction Code as will not be contrary to the
public interest, where, owing to special conditions, a literal enforcement
of the provisions of this chapter or the City Construction Code will
result in unnecessary hardship, and so that the spirit of this chapter
and the City Construction Code shall be observed and substantial justice
done.
(C)
Procedure.
(1)
A written application for appeal to the Board of Adjustment must be taken within 15 days after the decision from which an appeal is taken has been rendered. The application shall be filed with the City Secretary, specifying the grounds therefor, and shall be accompanied by payment of fee as prescribed in § 150.41.
(2)
The officer from whom the appeal is taken shall forthwith transmit
to the Board of Adjustment all the papers constituting the record
upon which the action appealed from was taken.
(D)
Hearing.
(1)
The Board shall hold a public hearing on all appeals made to it.
At the public hearing any interested party may appear in person, by
agent, or by attorney. The burden of proof shall be on the applicant
to establish the necessary facts to warrant favorable action by the
board on any appeal. Any interpretation or variance granted or authorized
by the Board under the provisions of this chapter shall authorize
the issuance of a building permit in accordance with the interpretation
or variance, provided that all other requirements of this chapter
are met.
(2)
Notice of such public hearing shall be given by publishing the same
in the official newspaper of the city at least one time, not less
than 15 days prior to the date set for the hearing, stating the time
and place of such hearing.
(E)
Stay.
An appeal stays all proceedings in furtherance of the action
that is appealed, unless the official from whom the appeal is taken
certifies in writing to the Board facts supporting the official’s
opinion that a stay would cause imminent peril to life or property.
In that case, the proceedings may be stayed only be restraining order
granted by the Board or a court of record on application, after notice
to the official, if due cause is shown.
(F)
Decision
of Board.
(1)
The Board shall decide the appeal within 45 days from the date of
its filing with the City Secretary.
(2)
In exercising its powers, the Board may, in conformity with the provisions
of the statutes of the State of Texas, as existing or hereafter amended,
reverse or affirm, wholly or partly, or modify the order, requirement,
decision, or determination appealed from, make such order, requirement,
decision, or determination as ought to be made, and have all the powers
of the officer from whom the appeal is taken. The Board shall have
the power to impose reasonable conditions to be complied with by the
applicant.
(3)
The concurring vote of three-fourths of the members of the Board
shall be necessary to reverse any order, requirement, decision, or
determination of any such administrative official, to decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter, or to effect any variance in the chapter.
(G)
Rehearings.
(1)
No appeal to the Board for the same or related matter shall be allowed
to be brought by the same applicant prior to the expiration of six
months from a previous ruling by the Board on any appeal to such body.
(2)
If other property in the immediate vicinity has, within the six-month period in subsection (1), above, been changed or acted on by the board or City Council so as to alter the facts and conditions on which the previous Board action was based, such change of circumstances shall permit the rehearing of an appeal by the Board prior to the expiration of the six-month period.
(3)
Any alterations in facts or conditions shall in no way have any force
on law to compel the Board, after a rehearing, to grant a subsequent
appeal. Such subsequent appeal shall be considered entirely on its
merits and on the peculiar and specific conditions related to the
property on which the appeal is brought.
(H)
Appeal
of Board’s Decision.
(1)
Any person or persons, jointly or severally aggrieved by any decision
of the Board, or any taxpayer or any officer or board of the municipality
may present to a court of jurisdiction a petition, duly verified,
setting forth that such decision is illegal, in whole or on part,
specifying the grounds of illegality.
(2)
The petition shall be presented to the court within ten days after
the filing of the decision in the office of the Board and not thereafter.
(Ordinance 295-89-01-10, passed 1-10-89; Am. Ordinance 321-90-08-14, passed 8-14-90; Ordinance
667-02-05-28, passed 5-28-02; Ordinance 1064-10-12-14, passed 12-14-10; Ordinance 1544-22-03-22, passed 3-22-22)
(A)
Establishment.
The City Council shall establish by resolution a schedule of
fees to be paid in connection with applications under this chapter.
The schedule of fees shall be filed with this chapter in the office
of the City Secretary and may be amended only by action of the City
Council.
(B)
Administration.
(1)
All applicable fees shall be paid at the time of submission of an
application under this chapter and are nonrefundable.
(2)
No action shall be taken with respect to any application requiring
payment of a fee under this chapter until such fee has been paid in
full.
(3)
A receipt for all fees paid under this chapter shall be furnished
to the person paying, and such fees shall be turned over to the City
Treasurer.
(C)
Reinspection
Fees.
Notwithstanding the provisions of subsection (B)(1) above, reinspection fees shall be billed to the permit holder by the Building Official and paid directly to the Building Official.
(D)
Conflicting
Fee Schedules.
In event of conflict between the City
Construction Code, or any part thereof, and the fee schedule set forth
in this chapter, this chapter shall be construed to prevail, and the
City Construction Code, or such parts as are in conflict with the
permit schedule set forth in this chapter, to the extent of said conflict,
shall be considered as not having been enacted.
(Ordinance 295-89-01-10, passed 1-10-89; Ordinance 1064-10-12-14, passed 12-14-10; Ordinance
1544-22-03-22, passed 3-22-22)
(A)
Any
person convicted of violating any of the provisions of this chapter
shall be guilty of a misdemeanor and shall, upon conviction, be fined
in an amount not to exceed the following:
(B)
In
addition, any alleged violation of this Chapter shall be subject to
civil enforcement and penalty not to exceed $1,000.00 per each day
the violation occurred and $5,000 a day for a violation of an Ordinance
relating to point source effluent limitations or the discharge of
a pollutant, other than from a non-point source, into a sewer system,
including a sanitary or storm water sewer system, owned or controlled
by the City.
(Ordinance 295-89-01-10, passed 1-10-89; Ordinance 778-05-03-22, passed 3-22-05; Ordinance
1064-10-12-14, passed 12-14-10; Ordinance 1270-16-07-12, § 12, passed 7-12-16; Ordinance 1544-22-03-22, passed 3-22-22)
