The owner, by submitting a plat, acknowledges the authority of the City and State. agencies to lawfully enter and inspect property for purposes of execution of their statutory duties. Such inspection will not release the owner from any obligation to comply with the requirements of these Regulations. Any such inspection or review will not subject the City or State of Texas to any action for damages.
(Ordinance 0035 adopted 1/11/94)
12.2.1 
Legal Action.
At the request of the City Council the City Attorney or other prosecuting attorney may file an action in a court of competent jurisdiction to:
12.2.1.1 
Enjoin the violation or threatened violation of a requirement established by or adopted by the City Council under Chapter 212 of the Local Government Code; or
12.2.1.2 
Recover damages in an amount adequate for the City to undertake any construction or other activity to bring about compliance with a requirement established by or adopted by the City Council under Chapter 212.
12.2.2 
Offense.
A person commits an offense if the person knowingly or intentionally violates a requirement established by or adopted by the City Council under Chapter 212. An offense under this section is a Class C misdemeanor.
(Ordinance 0035 adopted 1/11/94)
12.3.1 
Civil Penalty.
A person who violates a rule adopted by the City pursuant to Section 16.343 of the Water Code is subject to a civil penalty of not less than $50 nor more than $1,000 for each violation and for each day of a continuing violation but not in excess of $5,000 per day.
12.3.2 
Criminal Penalty - Water Code.
A person commits an offense if the person knowingly or intentionally violates a rule adopted pursuant to Section 16.343 of the Water Code by a municipality. An offense under this subsection is a Class B misdemeanor.
12.3.3 
Criminal Penalty - Water Code [sic].
A member of the City Council commits an offense if the member violates Section 11.1 of these Regulations. An offense under Section 11.1 is a Class A misdemeanor.
(Ordinance 0035 adopted 1/11/94)
In addition to other remedies, the attorney general, the county or City attorney of the City in which the violation occurred, or other local officials are authorized to apply to the district court for and the court in its discretion may grant the state or political subdivision without bond or other undertaking, any injunction that the facts may warrant including temporary restraining orders, temporary injunctions after notice and hearing, and permanent injunctions enjoining a violation of the rules.
(Ordinance 0035 adopted 1/11/94)
In addition to enforcement by a political subdivision, the attorney general may bring suit to enforce a rule adopted under Section 16.350 of the Water Code, to recover the penalty provided by Section 16.352 of the Water Code, to obtain injunctive relief to prevent the violation or continued violation of a political subdivision’s rules, or to enforce the rules, recover the criminal penalty, and obtain injunctive relief.
(Ordinance 0035 adopted 1/11/94)
12.6.1 
Attorney General Action.
The attorney general may take any action necessary to enforce a requirement imposed by or under Section 232.0035 or 232.0036 of the Local Government Code, or to ensure that the water and sewer service facilities are constructed or installed to service a subdivision in compliance with the model rules adopted under Section 16.343, Water Code.
12.6.2 
Offense: Civil Penalty.
A person who violates Section 232.0035 or 232.0036 of the Local Government Code, or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on the plat or on the document attached to the plat, as required by Section 232.0035 is subject to a civil penalty of not less than $500 nor more than $1,000 plus court costs and attorney’s fees.[1]
[1]
Editor’s note—Original has this as 12.6.1.
12.6.3 
Offense; Criminal Penalty.
An owner of a tract of land commits an offense if the owner knowingly or intentionally violates a requirement imposed or intentionally violates a requirement imposed by or under Section 232.0035 or 232.0036 of the Local Government Code or fails to timely provide for the construction or installation of water or sewer service facilities that the person described on a plat or on a document attached to a plat, as required by Section 232.0035. An offense under this subsection is a Class B misdemeanor.
12.6.4 
Definition.
A reference in this section to an “owner of a tract of land” does not include the owner of an individual lot in a subdivided tract of land.
(Ordinance 0035 adopted 1/11/94)
A. Transferring Lots in Unapproved Subdivisions. Any owner or agent of the owner, of any land located within the planning and platting jurisdiction of the City who leases, transfers, sells, agrees to sell, or negotiates to sell land by reference to or exhibition of a plat of such land before being duly approved by the City Council and duly recorded in the office of the El Paso County Courthouse shall upon conviction be subject to a fine of two hundred dollars ($200.00) per offense. Each and every lot or portion thereof so leased, transferred, sold, agreed to be sold, or negotiated to be sold shall be prosecuted and treated as a separate offense. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties.
B. Improper Recording. Any person who records with the El Paso County Courthouse any plat in violation of these regulations shall upon conviction be subject to a fine not exceeding the maximum according to State law.
12.7.1 
Appeals.
Any person aggrieved with any determination of the City Council acting under these regulations may file and [an] appeal to the appropriate District Court of the State of Texas. The District Court may overrule or modify any ruling of the City Council and make such findings as are not consistent with the provisions of these Regulations. When an appeal is filed with the District Court notice thereof shall be filed with the City Clerk.
12.7.2 
Amendment Procedure.
The Council may, from time to time, amend or modify these Regulations after public hearing, due notice of which shall be given as required by law.
12.7.3 
Public Records.
The City Clerk shall keep public records of finding, decision, and recommendations concerning all subdivision plats filed for review, including such actions as may be taken by the Council through appeals or amendments to these Regulations.
12.7.4 
Repeal.
All ordinances and resolutions and all parts thereof which are in conflict with this ordinance are hereby repealed to the extent that they conflict with this ordinance.
12.7.5 
Separability of Provisions.
If any section, subsection, sentence, clause or phrase of these Regulations is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of these Regulations, it being the intent of the Council to enact each section, subsection, sentence, clause or phrase of these Regulations separately and independently of each other section, subsection, sentence, clause or phrase.
12.7.6 
Ordinances.
Any section, subsection, sentence, clause or phrase of these Regulations [in] conflict with Ordinance No. 35 and Ordinance No. 39 of the Town of Horizon City, Texas, which have previously been approved and adopted by City Council then the provisions of this Ordinance supersede those provisions contained in Ordinances No. 35 and 39 and those conflicting provisions in those said ordinances are hereby repealed. Otherwise, Ordinances No. 35 and 39 are herein adopted into this Ordinance and incorporated herein for all purposes and enforceable by the Town of Horizon City, Texas.
Editor’s note–Ordinance 0035 adopted 9/10/91 is the prior subdivision ordinance. Ordinance 0039 relates to construction of streets, sidewalks and driveways and is codified as article 3.06, division 3 of the Municipal Code.
(Ordinance 0035 adopted 1/11/94)