A.
Generally.
This Section sets out remedies that may be requested by the City to enforce this UDC prior to and in a court of competent jurisdiction. This Section shall not limit the power of the City to pursue multiple or alternative actions, remedies, and penalties, or to pursue actions, remedies and penalties that are authorized by law but not listed in this Section.
B.
Enforcement Powers.
The City may enforce this UDC prior to and without judicial process by:
1.
Withholding Permits.
The City may deny or withhold all permits, approvals, or other forms of authorization on any land, building, or structure for which there is an uncorrected violation of a section of this UDC or of a condition of a permit, certificate, approval or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected.
2.
Suspension of Permits.
The City may suspend permits, including conditional use permits, for a period of up to 60 days to allow for the correction of the violation or the judgment of a court of competent jurisdiction.
3.
Stopping Work.
With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a section of this UDC or of a permit or other form of authorization issued pursuant to this UDC, in accordance with its power to stop work under its building codes.
4.
Revocation of Permits and Approvals.
a.
Revocation of Permits.
Any permit, certificate of occupancy, or other approval required under this UDC shall be revoked when it is determined that:
i.
There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;
ii.
The permit or approval was procured by false representation;
iii.
The permit or approval was issued in error; or
iv.
There is a violation of any provision of this UDC.
b.
Notice and Opportunity to Correct.
Written notice of revocation stating that such violation shall be corrected within 10 days shall be served upon the property owner, agent, applicant, or other person to whom the permit or approval was issued, or such notice may be posted in a prominent location at the place of violation.
c.
Effect of Notice.
No work or construction shall proceed after service of the revocation notice unless such work is to correct a violation.
d.
Failure to Correct.
If after the 10-day period, arrangements acceptable to the City have not been made, the Building Official shall:
C.
Judicial Remedies.
The City may seek the following judicial remedies to enforce this UDC:
1.
Injunctive Relief.
a.
The City may seek an injunction or other equitable relief in court to stop any violation of this UDC or of a permit, certificate or other form of authorization granted under this UDC. Such relief may include revocation or termination of permits, including conditional use permits. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this UDC or continued violation of this UDC is, will, or may be an injury to the public health, safety or general welfare; that the public health, safety or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation.
b.
The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to Section 54.018, Tex. Local Gov’t Code.
2.
Abatement.
The City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
3.
Civil Remedies.
The City shall have the right to institute any appropriate civil action as provided in Section 54.012, et seq., Tex. Local Gov’t Code, in a county court or district court, to enforce, enjoin, prevent, restrain, correct or abate any violation of this UDC, including any and all remedies available pursuant to state law. All court costs and reasonable attorney’s fees incurred by the City in connection with any civil action shall be awarded to the City if it is the prevailing party.
4.
Criminal Remedies.
Any person who violates any section of this UDC shall be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable by a fine not to exceed $2,000 for each offense.
D.
Floodplain Remedies.
Violations of the Federal Emergency Management Agency (FEMA) floodplain regulations set forth in Division 6.200, Floodplain Management and Flood Damage Prevention, shall be subject to the following, in addition to the remedies provided by other subsections of this Section:
1.
The Federal Emergency Management Agency (FEMA) and the Texas Commission on Environmental Quality (TECQ) shall be notified immediately in writing of any property or structure in violation of the floodplain section of this UDC.
2.
New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this UDC.
E.
Other Remedies.
The City shall have such other remedies as are and as may be from time to time provided by state law for the violation of regulations.
F.
Remedies Cumulative.
The remedies and enforcement powers set out in this Section shall not be considered exclusive remedies, but rather they shall be cumulative with all other remedies provided in this UDC, in any other applicable ordinance, or by law.
(Ordinance 2015-30 adopted 10/30/15)