If any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained or any building, structure,
or land is used or developed in violation of this GDC or any application
approved thereunder, in addition to other remedies, the City may institute
any appropriate action or proceedings to prevent or abate such activity.
(Ordinance 6773 adopted 5/19/15)
The City Attorney is authorized to file and prosecute an action
at law or in equity, where permitted under the laws of Texas, in a
court of competent jurisdiction to enforce the provisions of this
GDC. The initiation of one form of enforcement action by the City
Attorney will not preclude the City Attorney from initiating any other
form of enforcement action.
(Ordinance 6773 adopted 5/19/15)
(A)
Violations of provisions of this GDC or failure to comply with any of its requirements (including violations of any safeguards established in connection with approval of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this GDC or fails to comply with any of its requirements shall upon conviction thereof be fined in accordance with Title 1, Chapter 10, Article 1 of the City Code.
(B)
The owner
or occupant of any building, structure, premises, or part thereof,
and any architect, builder, contractor, agent, or other person who
commits, participates in, assists in, or maintains such violation,
may each be found guilty of a separate offense and suffer the penalties
herein provided.
(C)
Nothing
herein contained shall prevent the City from taking such other lawful
action as is necessary to prevent or remedy any violation.
(D)
It is
further the intent and declared purpose of this GDC that no offense
committed, and no liability, penalty, or forfeiture, either civil
or criminal, incurred prior to the time that the previous regulations
were repealed and this GDC adopted shall be discharged or affected
by such repeal, but prosecutions and suits for such offenses, liabilities,
penalties, or forfeitures may be instituted, and causes presently
in process may be prosecuted in all respects as if such previous regulations
had not been repealed.
(Ordinance 6773 adopted 5/19/15)
(A)
If an
authorized official determines, based on inspection or investigation
by the City, that there are reasonable grounds for revocation of an
approved application, the official shall set a public hearing before
the authority that approved such application (either originally or
on appeal), except that a hearing to consider revocation of an administrative
decision shall be conducted by City Council. If the City Council was
the Initial or Appellate Decision-Maker, the City Council may, at
its option and upon a simple majority vote, continue the public hearing
and refer the proposed revocation to the Plan Commission for its report
and recommendation prior to taking action on a proposed revocation.
Factors which may warrant revocation of an approved application include
the following:
(1)
A
material mistake was made in approving the application;
(2)
Approval
of the application was procured on the basis of material misrepresentations
or fraud on the part of the applicant;
(3)
Development
activities being undertaken on the land subject to the development
application are not in conformity with terms of the approved application;
(4)
The
use authorized by the permit is in violation of a condition of approval
of the approved application; or
(5)
Development
of the land, or the discontinuance thereof, poses a danger or threat
to the public health, safety or welfare.
(C)
In rendering
its decision whether to revoke the approved application, the decision-maker
shall determine whether the activity authorized under the original
approved application complies with the terms, conditions, and requirements
of such approval. The decision-maker may revoke the application, affirm
it, or affirm it with attached conditions which assure that the terms,
conditions, and requirements of the application shall be met.
(D)
Following
revocation and pending any appeal, it shall be unlawful to undertake
or perform any activity that was previously authorized by the approved
application without applying for and obtaining approval of a new application
for the activity. Appeal from the decision to revoke the approved
application must be to the City Council, unless the decision to revoke
was made by the City Council, in which case the revocation is final.
(Ordinance 6773 adopted 5/19/15)
The following provisions shall apply to violations of City ordinances regarding Recycling/Used Goods Collection Kiosks, Containers, and Trailers set forth in Section 2.52(A)(8).
(Ordinance 7107, sec. 85, adopted 12/3/19)
Any recycling or used goods collection kiosk or container located
within the City that does not have a current, valid permit (or any
permitted recycling/used goods collection kiosk, container or trailer
that has received more than two notices of violation from the City
in the past twelve months) is subject to impoundment by the City.
Any trailer which is not attended at any time during hours of business
and collection operations and which does not fall within the exception
described in Section 2.52(A)(8)(c)(i) is subject to impoundment by
the City. Any recycling/used goods collection kiosk, container, or
trailer impounded by the City will be released to the owner upon payment
of all actual costs incurred by the City for the impoundment and storage
fees of $25.00 per calendar day of storage.
(Ordinance 7107, sec. 85, adopted 12/3/19)
