(a)
Process.
A three-step process will normally be followed
to obtain ordinance compliance but, if circumstances dictate, either
or both of the first two steps may be omitted. This process is usually
performed by the assigned ordinance enforcement officer or the building
permit official but may also be performed by any alderman or the mayor.
(1)
Step 1.
A letter of notice of violation will be mailed
to the property owner at the address of record of the property owner
explaining the violation and expressing the need to have the violation
corrected as soon as possible, but not later than 7 days following
receipt of the letter of notice of violation. A copy of the ordinance
violated will be included with the mailing, and a copy of Texas Local
Government Code section 54.001 explaining enforcement actions that
will be taken if the violation is not corrected. If the violation
is not corrected within 7 days, Step 2 will be carried out.
(2)
Step 2.
A letter of warning will be mailed to the property
owner at the address of record of the property owner by certified
mail notifying the property owner that the violation still exists
and stating that the violation must be corrected within 7 days of
the receipt of the letter of warning; and stating that, if the violation
is not corrected within that time frame, the violation will be referred
to the city municipal court whereupon a court citation or summons
may be issued resulting in a fine of up to $500.00 (five hundred dollars);
up to $2000.00 (two thousand dollars) if it is determined the violation
poses a threat to health or safety; and up to $4000.00 (four thousand
dollars) if the violation is dumping of refuse. Fines may include
court costs or legal expenses incurred by the city if allowed or authorized
by the judge. A copy of the ordinance violated will be included with
the mailing, and a copy of Texas Local Government Code section 54.001
explaining enforcement actions that will be taken if the violation
is not corrected.
(3)
Step 3.
If the violation is not corrected within the
time frame indicated in Step 2, the matter will be referred to the
city municipal court.
(b)
Repeat offenders.
(1)
A repeat offender is an offender who repeats the same violation within
180 days after having been the recipient of a letter of notice of
violation, letter of warning, or referral of a violation to the city
municipal court.
(2)
In the event of a repeat offender who temporarily comes into compliance
with the ordinance, but repeats the violation within 180 days, no
letter of notice of violation will be sent. A letter of warning will
be sent stating that violation has been repeated and must be corrected
within 72 hours of receipt of the letter of warning. If the violation
is not corrected, the violation will be referred to the city municipal
court. Subsequent violations will be referred directly to the city
municipal court with no letter of warning sent.
(Ordinance 043 Rev. 6, sec. 2, adopted 6/15/2021)
Unless otherwise specifically set forth in an ordinance of the
city, or in state law as adopted, allegations and evidence of a culpable
mental state are not required for proof of an offense.
(Ordinance 043 Rev. 6, sec. 3, adopted 6/15/2021)
(a)
Any
person, owner, occupant and/or other responsible person who shall
violate any of the provisions of a nuisance ordinance, or shall fail
to comply therewith, or with any of the requirements thereof, within
the city limits shall be deemed guilty of an offense and shall be
liable for a fine not to exceed the sum of five hundred dollars ($500.00).
However, a fine for the violation of a provision of zoning ordinances,
subdivision ordinances, technical codes adopted by the board of aldermen,
or ordinances that govern fire safety, or public health and sanitation,
shall be punished by a fine not to exceed two thousand dollars ($2000.00).
The dumping of refuse may be punished by a fine not to exceed four
thousand dollars ($4000.00).
(b)
However,
no penalty shall be greater or less than the penalty provided for
the same or similar offense under the laws of the state. Each day
the violation exists shall constitute a separate offense. Such penalty
shall be in addition to all the other remedies provided by the city's
ordinances.
(c)
Any
person who shall remove a notice of violation or a placard posted
pursuant to an ordinance of the city from a property prior to correction
of the deficiencies indicated thereon shall be deemed guilty of a
misdemeanor offense.
(d)
Any
person who shall knowingly or intentionally provide false information
on any application required pursuant to an ordinance of the city shall
be deemed guilty of a misdemeanor offense.
(e)
Any
person who shall occupy a building, or any part thereof, without having
received a certificate of occupancy in compliance with any ordinance
of the city requiring the issuance of a certificate of occupancy,
within the city limits, shall be deemed guilty of an offense and shall
be liable for a fine not to exceed the sum of two thousand dollars
($2000.00).
(f)
Each
day the violation exists shall constitute a separate offense. Such
penalty shall be in addition to all the other remedies provided by
the city's ordinance.
(Ordinance 043 Rev. 6, sec. 4, adopted 6/15/2021; Ordinance adopting Code)
In any prosecution charging a violation regarding nuisances,
zoning or other building violations upon a property, the failure to
comply with any notice or order regarding a violation on a property
or building in violation of an ordinance of the city, including but
not limited to failure to apply for a building permit or other permit
or license required, proof that the particular property described
in the complaint was in violation of an ordinance regulating the property,
together with proof that the defendant named in the complaint was,
at the time of such notice, violation or order or at the time when
work was performed without a permit, the registered owner of such
property or the occupant of the property, shall constitute in evidence
a prima facie presumption that the registered owner or occupant of
such property was the person who failed to comply with the notice
or order or failed to apply for a permit for the time during which
such violation occurred in violation of the charged ordinance of the
city. This presumption does not prohibit the charging or prosecution
of another responsible party for the nuisance, zoning or other building
violations upon a property.
(Ordinance 043 Rev. 6, sec. 5, adopted 6/15/2021)
The zoning, subdivision, property, building, and nuisance regulating
ordinances of the city are hereby amended to include the provisions
of this article. The ordinances shall be interpreted in harmony to
include the terms and provisions of this article. If a specific ordinance
conflicts with all or part of this article, it is the intent of the
board of aldermen that this article shall control unless the result
is a violation of state or federal law or from the context is clearly
inapplicable. All parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict only. In the event of a conflict
or inconsistency between this article and any other code or ordinance
of the city, the terms and provisions of this article shall govern.
(Ordinance 043 Rev. 6, sec. 6, adopted 6/15/2021)
