(a) 
A developer or an agent of a developer may not cause, suffer, allow, or permit a lot to be sold or offered for sale in a subdivision if the subdivision has not been platted as required by these regulations and V.T.C.A. Local Government Code ch. 212.
(b) 
Notwithstanding any other remedy at law or equity, a developer or an agent of a developer may not cause, suffer, allow or permit any part of a subdivision in Harlingen or its ETJ over which the developer or an agent of the developer has control, or a right of ingress and egress, to become a health nuisance as defined by the Texas Health and Safety Code.
(c) 
A developer within the city limits who fails to provide for the construction or installation of water or sewer service facilities in the time and manner described on the plat or on the document attached to the plat, or who otherwise violates this chapter or Texas Local Government Code ch. 212, is subject to a civil penalty of not less than $500.00 nor more than $1,000.00 for each violation and for each day of a continuing violation, but not to exceed $5,000.00 each day, and shall also pay court costs, investigative costs, and attorneys' fees for the governmental entity bringing suit. A developer within the ETJ who fails to comply with the requirements of this subsection is subject to an injunction.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
A developer commits an offense if the developer fails to file a plat and to complete the subdivision process for land located in the city limits as required by this chapter and V.T.C.A. Local Government Code ch. 212.
(b) 
A developer commits an offense if the developer sells lots prior to plat recordation and fails to timely provide for the construction or installation of water or sewer service as required by this chapter and the Texas Local Government Code or fails to make a reasonable effort to have electric utility service and gas utility service installed by a utility as required under the Texas Local Government Code.
(c) 
If it is shown at a trial of an offense under subsection (a) and/or (b) of this section that the defendant caused five or more residences in a subdivision located in the ETJ to be inhabited, the offense is a state jail felony.
(d) 
Venue for prosecution for a violation under this section shall be in Cameron County.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
In addition to any other remedies available at law, the city may elect, at its option, to enforce one or more of the following options:
(1) 
Denial of plat approval. No plat shall be recorded unless it complies with this chapter, nor shall any court clerk record a plat which has not received the prior approval of the planning and zoning commission and has not complied with all the requirements or conditions as stipulated during the plat approval process.
(2) 
Institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter.
(3) 
Denial of public utilities.
(4) 
Denial of building permits.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
The city attorney shall, when directed by the city commission, institute appropriate action in a court of competent jurisdiction by injunction or otherwise to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction is determined under Texas Local Government Code, or within any area subject to all or a part of the provisions of this chapter.
(b) 
The city attorney, or attorney general may take any action necessary in a court of competent jurisdiction on behalf of the state and city or on behalf of residents to:
(1) 
Enjoin the violation or threatened violation of a requirement of this chapter;
(2) 
Enjoin the violation or threatened violation of V.T.C.A. Local Government Code ch. 212;
(3) 
Recover civil or criminal penalties, attorneys' fees, litigation costs, and investigative costs; and
(4) 
Require platting or replatting under this chapter and Texas Local Government Code.
(c) 
Violations of this chapter are subject to criminal prosecution under Texas Local Government Code.
(d) 
During the pendency of any enforcement action brought, any resident of the affected subdivision, or the attorney general, district attorney or city attorney on behalf of a resident may file a motion against the provider of utilities to halt termination of pre-existing utility services. The services may not be terminated if the court makes an affirmative finding after hearing the motion that the termination poses a threat to public health, safety or welfare of the residents of the affected subdivision.
(e) 
Upon violation of any requirements hereof, the city commission or its authorized representative may seek injunctive relief preventing the sale of any or all lots within such subdivision. Any person violating any provision of this chapter, except section 109-60 and 109-61, within the city limits shall be guilty of a misdemeanor. Prosecution or conviction under this provision shall not be a bar to any other remedy or relief for violation of this chapter as provided by law.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
In addition to other remedies, the attorney general, the city or district attorney of the county 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, and after notice and hearing, permanent injunctions enjoining a violation of this chapter, or V.T.C.A. Local Government Code ch. 212.
(Ordinance 2022-52, § 1, adopted 12/21/2022)