7.01.01 General.
A. It
shall be unlawful 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 provisions 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.
1. 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.
2. Private restrictions.
Whenever this Chapter imposes
a higher standard than that required by 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.
3. Other requirements.
Wherever this Code imposes a higher
standard than that required by any other ordinance or requirement,
the provisions of this Code shall govern to the extent permitted by
law. In cases where state or federal laws supersede the City’s
requirements, then the applicable state or federal requirements shall
apply.
4. 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.
7.01.02 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 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 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. Continue
a Violation.
The continuation of any of the above violations
is a distinct offense, and each day such violation continues shall
be considered a separate offense.
F. Complaints
Regarding Violations.
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 or
City Manager. 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. The City shall record the complaint, investigate within
a reasonable time, and take action thereon, as provided by these requirements.
The City Manager 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.
G. Fire
Access Violations.
1. A
person commits an offense if the person intentionally alters, defaces,
injures, knocks down, or removes or attempts to do so, any sign designating
a fire lane which has been erected under the terms of this Code section.
2. 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 Liberty Hill. 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.
3. A
summons or notice to appear in answer to a charge of parking, standing
or stopping in violation of this section must specify the location
of the fire lane or accessible space in which the violation occurred.
A summons or notice may be issued by any police officer or code enforcement
officer employed by the City of Liberty Hill, an employee designated
by the Fire Marshal, or an employee of the City authorized to issue
tickets for parking violations.
4. A
person authorized to issue citations for violations as provided in
this section may cause to be removed any vehicle found to be in violation.
5. When
a vehicle is towed, the owner shall be liable for the wrecker and
the storage fees in addition to the fine for the violation of this
Code section.
7.01.03 Roles and Responsibilities Concerning Compliance.
A. Generally.
It shall be the duty of the City Council and the City Manager,
acting on behalf of the City Council, to enforce the requirements
of this Code. The City Manager may call upon officials of the City,
including the City Engineer, City Building Inspector, or other appropriate
City employees, to furnish him with such information or assistance
as he may deem necessary for compliance with and enforcement of this
Code.
B. Land
Use and Planning Matters.
1. 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.
2. 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.
C. Health
and Sanitation Matters.
1. 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. 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.
2. A
violation of any provision of this Code that is dangerous to human
life or health; that renders the ground, the water, the air or 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; further, the City shall be entitled to recover
its damages, attorney fees, and expenses of litigation for enforcement
or cessation of such violation.
D. Responsible
parties.
1. 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.
2. Any
person who opposes, obstructs, or resists any City official or any
person authorized by the City Council in the discharge 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.
E. Continuing
or Repeat Violations.
If an owner, occupant, or other
person repeats the same violation, within a five-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 purposes of a repeat violation.
(Ordinance 09-O-02 adopted 1/28/2009)
7.02.01 Generally.
A. The
City may refuse to authorize or make utility connections on the grounds
set forth in Tex. Loc. Govt. Code Ann. Section 212.012 (Vernon 1988
& Supp. 1994), as amended.
B. Notice
of Intent to Suspend or Revoke.
1. Before
the City initiates the process for suspension or revocation of a permit
or other form of approval pursuant to this Code, the City Manager
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. The notice may specify a reasonable time
for compliance with this Code.
2. If
notice of intent is given, suspension or revocation shall not occur
before the time for compliance has expired.
3. The
City Manager, 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.
7.02.02 Suspension and Revocation of a Variance or Special Use Permit.
A. 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 Manager, 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.
B. 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.
C. 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.
D. 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.
7.02.03 Stop Work Orders.
The City Manager, City Inspector [or] 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. Any person, including a workman on the site, who fails to
comply with a stop work order, shall be guilty of a misdemeanor, punishable
as provided in this Chapter of the Code. 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 Manager shall determine,
within ten (10) working days of receipt of said application, whether
the work is in compliance. If the City Manager determines that the
work or site is in compliance, he may authorize the work to proceed
in writing.
(Ordinance 09-O-02 adopted 1/28/2009)
7.03.01 Generally.
A. Except
where otherwise provided therein, 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
($2,000.00); for all other violations, the maximum fine shall not
exceed five hundred dollars ($500.00); provided, however, that no
penalty shall be greater or less than the penalty provided for the
same or a similar offense under the laws of the state.
B. Each
day a separate offense. Each day any violation of this Code or of
any ordinance of the City continues shall constitute a separate offense.
C. Penalties
are cumulative. The penalties in this section shall be cumulative
and are not exclusive of any other rights or remedies the City may
have or pursue.
7.03.02 Assessment of Expenses.
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; and 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.
7.03.03 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. It shall be unlawful 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 site plan that remedies the
violations of the original site plan.
B. Any
person who violates any provision of this Code or any order issued
under the authority of this Code, or who causes or permits any such
violation, or who fails to perform any act required under this Code,
or who performs any prohibited act or takes any action contrary to
the final plats or site plans approved by the City Council, or who
fails 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 dollars ($2,000.00).
Each and every day that the violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
7.03.04 Signs.
A. The
City Manager or his/her 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. When a sign requiring a permit under Chapter
6 of this Code is erected without a sign permit, the City Manager shall use the following procedures.
1. 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. The notice shall include a description of the violation, the
date such violation was noted, instructions to contact the City Manager
to apply for a permit for the sign, if applicable, and the fine schedule
if the notice is not heeded, refused or unclaimed. 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.
2. If
the City is unable to deliver written notice to the responsible party,
a telephone call shall be made by the City Manager or his designee,
date and time recorded, informing the owner of the premises on which
the sign is located that on a set day, a fine shall commence to be
assessed to the owner of the sign for each day of the violation until
the sign(s) are removed.
3. If,
within fourteen (14) days, the responsible party fails to contact
the City Manager in writing, bring the sign into conformance with
this Code, or apply for a permit for the sign, the City Manager shall
have the sign removed or impounded without further notice, and/or
shall fine the owner on a daily basis as set forth within this Code.
4. The
party responsible for the sign shall, upon conviction, be guilty of
a misdemeanor and shall (a) forfeit both the sign and any permit associated
with the sign; and (b) pay the fines set by the court, not to exceed
the fines specified by this Code for each violation. Each day of the
continued violation shall constitute a separate violation.
C. Impoundment
of Signs.
1. The
City Manager 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.
2. 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; in the event the sign is not claimed and retrieved from the
City’s possession within fourteen (14) days, the City Manager
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 09-O-02 adopted 1/28/2009)
7.04.01 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.
7.04.02 Injunction and Other Remedies.
Any structure erected or used, or any development that is planned
or implemented, contrary to any of the provisions of this Code or
to any of the requirements contained in a final plat or site plan
approved by the City Council, is hereby declared to be unlawful and
shall constitute a violation of this Code. 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.
7.04.03 Civil Penalties.
Any person who violates any provision of this Code is subject
to a civil penalty of up to one thousand dollars ($1,000.00) and not
less than one hundred dollars ($100.00), or more as permitted by law,
for each act of violation and for each day of violation.
7.04.04 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 09-O-02 adopted 1/28/2009)
7.05.01 Payment of Taxes.
The landowner or developer shall provide the City Manager with
a certifiable 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.
7.05.02 Letter of Credit or Performance Bond.
A. Before
any development or project can proceed, the City Manager 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. If
the landowner or developer elects to construct the required improvements
prior to recording of a subdivision plat, after such plat has been
approved, all such construction shall be inspected while in progress;
in addition, the construction must be approved upon completion by
the City Manager or his designee. A certificate by the City Manager
or his designee that the construction conforms to the plans and specifications
and the standards contained in or referred to in this Code must be
presented to the City Council by the landowner or developer prior
to approval of the final plat.
C. The
landowner or developer of a site development shall post fiscal surety,
as provided below, to assure completion of all construction required
under this Code following issuance of the site development permit.
If the landowner or developer of a subdivision decides or elects to
post fiscal surety in lieu of completing construction prior to final
plat approval, the landowner or developer may utilize one of the following
methods of posting fiscal surety. 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:
1. 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 this Code; and the estimate shall
be acceptable to the City Manager or his designee; and,
2. The
City Manager shall require sufficient fiscal surety to insure the
orderly development within any subdivision or site development in
the form of either (1) a performance bond or (2) an irrevocable letter
of credit, equal to 110% of the estimated total cost of the improvements
not yet completed and/or accepted as complete. Such letter of credit
or bonds 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.
3. 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.
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. Failure to do so shall authorize
the City to complete the improvements using the fiscal surety provided
by the landowner or developer.
D. 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.
7.05.03 Requirements Prior to Final Acceptance for Maintenance.
A. 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 one (1) year commencing on the
date of approval of final completion by the City Manager or his designee.
B. Prior
to final acceptance for maintenance of the completed improvements
by the City Manager, 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 one (1) year
from the date of acceptance by the City Manager. The guarantee shall
be either in the form of a one (1) year warranty 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 an irrevocable letter of credit from a financial
institution authorized to do business in Texas, and approved by the
City Manager, committing funds for the correction and repair of any
defects in materials or workmanship. Said bonds or letters of credit
shall be in the amount of at least twenty (20) percent of the total
construction cost. 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. The
one (1) year assurance period shall commence on the date of approval
of final completion of the improvements by the City Manager or his
designee.
7.05.04 Acceptance of Improvements.
A. During
the course of installation and construction of the required improvements,
the City Manager or his designee shall make periodic inspections of
the work to insure that all improvements comply with the requirements
of this Code. 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 one (1) year maintenance
bond as specified in the terms and conditions above. In addition,
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.
B. After
final inspection, the City Manager shall notify the landowner or developer
and the City Attorney in writing as to its acceptance or rejection.
The City Manager shall reject such construction only if it fails to
comply with the standards and specifications contained or referred
to herein. 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.
C. If
the City Manager rejects such construction, the City Attorney shall,
upon direction of the City Council, proceed to enforce the guarantees
provided in this Chapter.
D. When
good cause exists, the City Manager 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.
7.05.05 Maintenance and Supervision.
Where a subdivision contains sewers, sewage treatment facilities,
water supply systems, water quality protection facilities, streets
and other transportation related improvements, parks and grounds held
in common, park and recreation improvements, drainage easements and/or
drainage improvements, landscape improvements or other 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. A copy of the agreements providing
for the proper and continuous operation, maintenance and supervision
of such facilities shall be presented to the City Manager 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 09-O-02 adopted 1/28/2009)