(1)
General.
(a)
It is an offense for any person to begin, continue, or complete any
development on any land within the territorial jurisdiction of the
City to which the provisions of this Code apply, except in accordance
with and upon compliance with the provision[s] of this Code.
(b)
The City and its agents shall enforce and ensure compliance with
the provisions of this Code and shall take necessary and appropriate
actions to prevent or cease any violations of the provisions of this
Code.
(c)
Interpretation and Conflict.
i.
Minimum requirements:
The standards and provisions of
this Code shall be interpreted as the minimum requirements necessary
for any person to comply with the Code.
ii.
Whenever this Chapter imposes a higher standard than that required
by any other ordinance or requirement, easements, deed restrictions,
covenants or agreements, the provisions of this subchapter shall govern
to the extent permitted by law. In the case of a conflict between
two standards, the more restrictive shall apply.
iii.
In cases where state or federal laws supersede the City’s requirements,
then the applicable state or federal requirements shall apply.
iv.
If the City Council determines that the condition of a party’s
development or action of another party violates a higher standard
than that required by this Code, the provisions of the applicable
state or federal statute shall govern.
(2)
Violations:
The following shall be deemed violations under this Code and
constitute sufficient grounds for the City to take enforcement actions
and pursue the penalties as specified below.
(a)
Development Without Permit:
To knowingly engage in any
development, use, construction, remodeling, or other activity of any
nature upon any area or to make improvements thereon subject to the
jurisdiction of this Code without all required permits, certificates,
or other forms of authorization as set forth in this Code.
(b)
Development Inconsistent with Permit:
To knowingly engage
in any development, use, construction, remodeling, or other activity
of any nature in any way inconsistent with any approved plan, plat,
permit, certificate, or other form of authorization granted by the
City for such activity.
(c)
Violation by Act or Omission:
To violate, by act or
omission, any term, variance, modification, condition, stipulation
or qualification imposed by the City Council or its authorized agents
upon any required permit, plat, certificate, or other form of authorization
for the use, development, or other activity upon land or improvements
thereon.
(d)
Use in Violation:
To erect, construct, reconstruct,
alter, repair, convert, maintain, or use any building, structure,
property, or to use any land in violation or contravention of these
regulations or any other regulation established under any other applicable
legal authority.
(e)
Fire Access Violations.
i.
A person commits an offense if the person intentionally alters, defaces,
injures, knocks down, removes or attempts to remove, any sign designated
as a fire lane which has been erected under the terms of this Code
section.
ii.
A summons or notice to appear in answer to a charge of parking, standing
or stopping in violation of this section shall be issued on the official
form prescribed by the City of Blanco.
1.
The summons or notice shall require the appearance of the violator
before the Municipal Court of the City and all fines paid by the violator
shall be paid to the Municipal Court Clerk.
2.
The summons must specify the location of the fire lane or accessible
space in which the violation occurred.
3.
The summons or notice may be issued by any police officer or code
enforcement officer employed by the City of Blanco, an employee designated
by the Fire Marshal, or an employee of the City authorized to issue
tickets for parking violations.
iii.
A person authorized to issue citations for violations as provided
in this section may cause any vehicle to be towed. If the vehicle
is removed, the owner shall be liable for the wrecker and the storage
fees in addition to the fine for the violation of the Code section.
(3)
Roles
and Responsibilities Concerning Compliance.
(a)
General.
i.
It shall be the duty of the City Council and the City Secretary,
acting on behalf of the City Council, to enforce the requirements
of this Code.
ii.
The City Secretary may call upon officials of the City, including
the City Engineer, City Building Inspector, or other appropriate City
employees, to furnish the City Secretary with such information or
assistance as the City Secretary may deem necessary for compliance
with and enforcement of this Code.
(b)
Complaints Regarding Violations.
i.
Whenever a violation of this Code occurs, or is alleged to have occurred,
any person who witnessed the violation may file a written complaint
with the City Secretary.
ii.
Such complaint shall state fully the causes and basis thereof and
the date on which the violation began or was first observed. The complaint
shall also include a description of the property on which the violation
occurred and the names and addresses of the parties involved.
iii.
The City shall record the complaint, investigate within a reasonable
time, and take action thereon, as provided by these requirements.
The City Secretary may also act upon violations that otherwise become
known during the normal performance of his/her duties. A public record
of the disposition shall be made and maintained in the appropriate
City records.
(c)
Continuing or Repeat Violations.
i.
The continuation of any of the above violations is a distinct offense,
and each day such violation continues shall be considered a separate
offense.
ii.
If an owner, occupant, or other person repeats the same violation,
within a five (5) year period from the date of the initial violation,
it shall be considered to be a repeat of the initial violation and
shall be subject to additional penalties and remedies. Payment of
a fine shall be considered admission of a violation for the purpose
of a repeat violation.
(d)
Land Use and Planning Matters.
i.
The City shall not issue a building permit or certificate of occupancy
required by any City ordinance for any land located within the jurisdictional
limits to which this Code applies, until and unless the owner of the
property, or its agent, is in compliance with the requirements of
this Code.
ii.
The City shall not provide or connect City water, sewer, or other
utility owned or licensed by the City to any property to which the
provisions of this Code apply, unless and until the owner of the property,
or its agent, is in compliance with the provisions of this Code.
(e)
Health and Sanitation Matters.
i.
Whenever a user has violated or continues to violate any provision
of this Code pertaining to water and wastewater infrastructure, an
industrial wastewater discharge permit or order issued hereunder,
or any other applicable waste pretreatment standard or health and
sanitation requirement, water service to the user may be discontinued.
ii.
Service will only be reconnected, at the user’s expense, after
the user has ceased the violation and satisfactorily demonstrated
and established his ability to comply with this Code.
iii.
A violation of any provision of this Code that is dangerous to human
life or health; that renders the ground, the water, the air of any
food or drink unwholesome and a hazard to human life and health; that
may injure or affect the public health or comfort in any manner; or
a violation of a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, is hereby declared
a public nuisance and illegal, and shall be abated by any procedure
authorized by law. The City shall be entitled to recover its damages,
attorney fees, and expenses of litigation for enforcement of cessation
of such violation.
(f)
Responsible Parties.
i.
The owner or tenant of any building, structure, premises, or any
part thereof, and any architect, engineer, builder, contractor, agent
or other person who knowingly commits, participates in, permits, assists
with or maintains such violation may each be found guilty of a separate
offense and suffer the penalties provided in this Chapter. In addition,
each party may also be subject to civil penalties as provided in this
Chapter or applicable law.
ii.
Any person who opposes, obstructs, or resists any City official of
his or her duties as provided by this Code shall be in violation of
this Code and may be prosecuted for a Class “C” misdemeanor.
(Ordinance adopted 11/10/20)
(1)
Development
without a Permit.
(a)
When a development requiring a permit under Chapter 3 of this Code is begun without a permit, the City Secretary shall use the following procedures.
(b)
The City shall give written notice of violation to the responsible
party or to the occupant of the premises if the responsible party
is not known.
i.
The notice shall include a description of the violation, the date
such violation was noted, instructions to contact the City Secretary
to apply for the appropriate permit, and the fine schedule if the
notice is not heeded, refused or unclaimed.
ii.
The notice is deemed delivered when deposited in the United States
Postal mail, with postage paid to the last known address of the party
responsible for such sign.
(c)
If the City is unable to deliver written notice to the responsible
party, a telephone call shall be made by the City Secretary or the
Secretary’s designee, date and time recorded, informing the
owner of the premises on which the violation has occurred that on
a set day, a fine shall commence to be assessed to the owner of the
property for each day of the violation until the violation is resolved[.]
(d)
If, within fourteen (14) days, the responsible party fails to contact
the City Secretary in writing, bring the development into conformance
with this Code, or apply for the appropriate permit, the City Secretary
shall fine the owner on a daily basis as set forth within this Code.
(2)
Suspension
or Revocation of a Permit.
(a)
When a development requiring a permit under Chapter 3 of this Code is not in compliance with an approved permit or this Code, the City may suspend or revoke the permits in effect for that development.
(b)
Before the City initiates the process for suspension or revocation
of a permit or other form of approval pursuant to this Code, the City
Secretary or Building Official or another designee of the City Council
shall give written notice of intent to suspend or revoke via certified
mail, return receipt requested.
(c)
The notice may specify a reasonable time for compliance with this
Code. Suspension or revocation shall not occur before the time for
compliance has expired.
(d)
The City Secretary, Building Official, or another designee of the
City Council shall not be required to provide notice of intent to
suspend or revoke for violations of this Code that cause imminent
destruction of property or injury to persons.
(3)
Other
Specific Remedies.
(a)
Utility Refusal:
The City may refuse to authorize or
make utility connections on the grounds set forth in Tex. Loc. Govt.
Code Ann. Section 212.012, as amended.
(b)
Stop work orders.
i.
The City Secretary, City Inspector, and any other City official duly
authorized by the City Council, may order all work, including site
clearing or other site preparation, stopped on any site where a significant
violation of this Code or a subdivision plat or approved site plan
is found.
ii.
It is an offense for any person, including a worker on the site,
to fail to comply with a stop work order. Such offense shall be a
misdemeanor, punishable as provided in this Chapter of the Code.
iii.
Upon receiving an application to resume work and a declaration from
the landowner or developer that any claimed violations of this Code
have ceased and that the landowner or developer is currently in compliance,
the City Secretary shall determine, within ten (10) working days of
receipt of said application, whether the work is in compliance. If
the City Secretary determines that the work or site is in compliance,
he may authorize the work to proceed in writing.
(c)
Suspension and Revocation of a Variance or Special Use Permit.
i.
When the City Council determines there is a failure to comply with
any term, condition, or requirement that was a condition of the approval
of a variance or special use permit, the City Council may direct the
City Secretary, City Attorney, or another agent or official to suspend
the variance or special use permit pending compliance with the terms,
conditions, or requirements under which the variance or special use
permit was approved.
ii.
Notice of suspension or revocation of a variance or special use permit
shall be sent by certified mail, return receipt requested, to the
permit holder of the variance or special use permit.
iii.
The City Council shall, if requested in writing by the permit holder,
hold a public hearing no later than forty-five (45) days after notification
is sent to the permit holder of the variance or special use permit
of its intent to suspend. If the City Council determines there is
a failure to comply with any term, condition, or requirement made
a condition of the variance or special use permit, the City Council
may revoke the variance or special use permit or take such action
as it considers necessary to ensure compliance.
iv.
A decision to revoke a variance or special use permit shall be effective
immediately. Notice of the decision by the City Council shall be sent
by certified mail, return receipt requested to the permit holder of
the variance or the special use permit.
(Ordinance adopted 11/10/20)
(1)
General.
(a)
Except where otherwise provided therein [herein], the maximum fine
for violating any provision of this Code, or any ordinance, rule or
police regulation that governs fire safety, zoning or public health
and sanitation, including dumping of refuse, shall not exceed two
thousand dollars ($2,000);
(b)
For all other violations, the maximum fine shall not exceed five
hundred (500.00) dollars; provided, however, that no penalty shall
be greater or less than penalty provided for the same or a similar
offense under the laws of the state.
(c)
Each day any violation of this Code or of any ordinance of the City
continues shall constitute a separate offense.
(d)
The penalties in this section shall be cumulative and are not exclusive
of any other rights or remedies the City may have or pursue.
(2)
Assessment
of Expenses.
(a)
In addition to any other remedy provided in this Code or any other
ordinance of this City and cumulative thereof, the City shall have
the power by resolution of the City Council to cause any of the work
or improvements required to be completed by the owner or applicant
under the provisions of this Code to be undertaken by the City on
the account of the owner of the property on which work or improvements
are done;
(b)
The City shall cause the expense thereof to be assessed upon the
real estate or lot upon which such expense is incurred and/or shall
place a lien on said property.
(3)
Land
Use and Zoning.
(a)
If the City Council finds, after notice and hearing, that a significant
violation of an approved site plan has occurred, the Council may revoke
its approval of such site plan.
(b)
It is an offense for any person to perform any work on the site pursuant
to the site plan unless and until a new application for site plan
approval has been filed and processed in accordance with the provisions
of this Code and the City Council grants approval of a new final plan
that remedies the violations of the original site plan.
(c)
It is an offense for any person to violate any provision of this
Code or any order issued under the authority of this Code, to cause
or permit any such violation, or to fail to perform any act required
under this Code, or to perform any prohibited act or takes any action
contrary to the final plats or site plans approved by the City Council,
or to fail to take any action required by such approved plat or site
plan, shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine of not more than two-thousand ($2,000)
dollars.
(d)
Each and every day that the violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
(4)
Signs.
(a)
The City Secretary or designee shall have the authority to issue
a sign violation notice and shall be empowered to enter upon the premises
of any person within the City or its extraterritorial jurisdiction
for the purpose of enforcing the provisions herein.
(b)
Impoundment of Signs.
i.
The City Secretary shall have the authority to remove all signs,
without notice to the owners thereof, placed within any street or
highway right-of-way, or attached to trees, telephone and utility
poles, other natural features or signs otherwise prohibited or not
authorized by this Code, and to impound them for a period of fourteen
(14) days.
ii.
The City Secretary shall have the authority to impound a sign that
is in violation if this Code if the sign owner has not contacted the
Administrator to resolve the violation within fourteen (14) days of
a written notice of violation.
iii.
The owner of an impounded sign may recover the same upon payment
of an impoundment fee for each sign, and all costs associated with
the removal of the sign, prior to the expiration of the fourteen (14)
day impoundment period;
iv.
In the event the sign is not claimed and retrieved from the City’s
possession within fourteen (14) days, the City Secretary shall have
authority to dispose of such sign. The owner shall be responsible
for all costs associated with removal and disposal of the sign.
(Ordinance adopted 11/10/20)
(1)
Civil
Action.
(a)
In addition to the penalties otherwise provided, any condition caused
or permitted to exist in violation of any provision of this Code or
any ordinance, which provision is intended for the protection of the
public health, safety or welfare, may be determined to constitute
a public nuisance and may be abated by the City as provided by law.
(b)
Prior to taking civil action, the City shall notify the defendant
of the provisions of the Code that are being violated. Upon initiation
of the civil action, the City shall demonstrate that the defendant
was actually notified of the provisions of the Code; and that after
receiving notice, the defendant committed acts in violation of the
Code or failed to take action necessary for compliance with the Code.
(2)
Injunction
and other remedies.
(a)
Any structure that is erected or used, or any development that is
implemented, contrary to any of the provisions of this Code or to
any of the requirements contained in a final plat approved by the
City Council, is hereby declared to be unlawful and shall constitute
a violation of this Code.
(b)
The City Council may initiate the legal process to obtain an injunction,
mandamus, abatement or any other action available in law or equity
to prevent, enjoin, abate, correct or remove such unlawful structure,
use, or development, or otherwise ensure compliance with this Code.
(3)
Civil
Penalties:
Any person who violates any provision of this
Code is subject to a civil penalty of up to one thousand ($1,000)
dollars and not less than one hundred ($100.00), or more as permitted
by law, for each act of violation and for each day of violation.
(4)
Penalties
are cumulative:
The penalties in this section shall be
cumulative and not exclusive of any other rights or remedies the City
may have.
(Ordinance adopted 11/10/20)
(1)
Payment
of Taxes:
The landowner or developer shall provide the
City Secretary with a certified receipt showing that all taxes have
been paid in conjunction with the submittal of an application for
final plat approval or site development permit issuance.
(2)
Letter
of Credit or Performance Bond.
(a)
Before any development or project may proceed, the City Secretary
must be satisfied that the landowner or developer will be in a financial
position to install or cause to be installed at his own cost, risk,
and expense, all of the improvements required by this Code.
(b)
The landowner or developer may satisfy this requirement by:
i.
Constructing the required improvements prior to recording of a subdivision
plat and after such plat has been approved as described in Section
6.2; or
ii.
Posting fiscal surety, as provided below, to assure completion of
all construction required under this Code following issuance of the
site development permit.
(c)
If the landowner or developer elects to post fiscal surety for subdivision
or site development-related construction, the plat shall not be approved,
or the permit shall not be issued unless the landowner or developer
has done the following:
i.
The landowner’s or developer’s engineer shall provide
the City an estimate of the total cost of all uncompleted or unaccepted
improvements as may be required by the Code; and the estimate shall
be acceptable to the City Secretary or his designee; and
ii.
The City Secretary shall require sufficient fiscal surety to insure
the orderly development within any subdivision or site development
in the form of either
iii.
Letter of credit or bond shall be issued by a financial institution
authorized to do business in the State of Texas. Furthermore, the
financial institution shall be reviewed and approved in advance and
the letters of credit or bonds shall conform to forms or criteria
approved in advance by the City Council.
(d)
The fiscal surety shall be for the purpose of securing the estimated
cost of completing such improvements, should the City find it necessary
to complete the improvements in lieu of the landowner or developer.
i.
The landowner or developer shall complete all such improvements specified
or referenced in the subdivision plat or site development permit and
the construction plans for the same, within one (1) year from the
date of final plat approval or site development permit issuance unless
granted an extension by the City.
ii.
Failure to do so shall authorize the City to complete the improvements
using the fiscal surety provided by the landowner or developer.
(e)
It is expressly understood that, as a condition to the approval of
said subdivision or site development, no sale of any lot may be completed
until all utilities are installed and all other improvements required
by this Code are made within the block in which said lot is contained.
(3)
City
Acceptance of Improvements.
(a)
During the course of installation and construction of the required
improvements, the City Secretary or his designee shall make periodic
inspection of the work to ensure that all improvements comply with
the requirements of this Code.
(b)
Upon completion of installation and construction of all required
improvements, the landowner or developer may seek acceptance of all
public improvements by the City by submitting the required number
of copies of as-built plans and a two (2) year maintenance bond as
specified in the terms and conditions below.
(c)
The landowner or developer shall provide a certified statement signed
by a registered professional engineer that all improvements have been
installed and constructed in accordance with the submitted as-built
plans.
(d)
Two-Year Maintenance Bond.
i.
The landowner or developer shall ensure that all of the facilities
constructed in accordance with the requirements of this Code will
perform and remain in good working order and in accordance with the
design performance criteria of each such facility, for two (2) years
commencing on the date of approval of final completion by the City
Secretary or his designee.
ii.
The landowner or developer shall require any construction contractors
with whom he contracts for furnishing materials and for installation
of the improvements required under this Code, to provide written guarantees
to the City, and shall himself be required to furnish to the City,
a written guarantee, that all workmanship and materials shall be free
of defects for a period of two (2) years from the date of acceptance
by the City Secretary.
The guarantee shall be in the form of a two (2) year maintenance
bond executed by a corporate surety licensed to do business in the
State of Texas, conditioned that the improvements are free from defects
in materials and workmanship, or [sic]
(e)
After final inspection, the City Secretary shall notify the landowner
or developer and the City Attorney in writing as to its acceptance
or rejection.
i.
No release of any posted fiscal surety shall occur until the City
has formally accepted the constructed improvements that are the subject
of such surety.
ii.
The City Secretary shall reject such construction only if it fails
to comply with the standards and specifications contained or referred
to herein.
iii.
If the City Secretary rejects such construction, the City Attorney
shall, upon direction of the City Council, proceed to enforce the
guarantees provided in this Chapter.
(f)
When good cause exists, the City Secretary may extend the period
of time for completion. Such extension of time shall be reported to
the City Council and recorded in the minutes. No such extension shall
be granted unless fiscal surety, as set forth above, has been provided
by the landowner or developer covering the extended period of time.
(4)
Maintenance
and Supervision.
(a)
Where a subdivision contains physical facilities necessary or desirable
for the welfare of the area, or that are of common use or benefit
which are not or cannot be satisfactorily maintained by an existing
public agency, provision shall be made, which is acceptable to the
City Council, for the proper and continuous operation, maintenance,
and supervision of such facilities.
(b)
Such facilities may include:
i.
Sewers,
ii.
Sewage treatment facilities,
iii.
Water supply systems,
iv.
Water quality protection facilities,
v.
Streets and other transportation related improvements,
vi.
Parks and grounds held in common,
vii.
Park and recreation improvements,
viii.
Drainage easements and/or drainage improvements, and
ix.
Landscape improvements.
(c)
A copy of the agreements providing for the proper and continuous
operation, maintenance and supervision of such facilities shall be
presented to the City Secretary and approved as to form by the City
Attorney prior to the time of final plat approval or site development
permit issuance and shall be filed of record with the plat or permit.
(Ordinance adopted 11/10/20)
