(a) 
This article amends and supplements Ordinance 2573. The new Comprehensive Fee Schedule adopted herein is attached as article A2.000.
(b) 
The City of San Benito, Texas hereby adopts and enacts this chapter that shall be enforceable within the municipality's municipal boundaries and extraterritorial jurisdiction. This appendix and provisions herewith shall be included in the Code of Ordinances.
(c) 
The authority granted to the City of San Benito are provisions referenced in Texas Local Government Code § 51.001, § 51.072, § 212.906, § 214.907; The Texas Constitution art. 11, § 5, and the City Charter section 2.01(C).
(Ordinance 2573-B-10-2024 adopted 12/5/2024)
(a) 
Any department of the City of San Benito, including but not limited to the City Commission, City Manager, and other designated city personnel, may refuse or terminate any contract at any time, deny, rescind, or cancel an application or a permit, certificate, license, service, or other issuances. The City is further authorized to promulgate necessary forms, guidelines, applications, permits, certificates, licenses, services, consent forms, or written agreements to include authorization, releases, and waiver of legal liability and damages. An application, permit, certificate, license, service, issuance, or written agreement may also expire without further action.
(b) 
The authority to be exercised in accordance with this appendix shall apply to any person, corporation, company, partnership, association, or any other legal entity or organization that is in any way directly, indirectly, or as a result of a person in authority or control of the management, operations, land, occupant, or buildings that contracts with the City, submits an application to the City, or receives a permit, certificate, license, service, or other issuance.
(c) 
Any of the following factors may be considered as to the approval, denial, or imposition of any fees for an application, contract, permit, certificate, license, service, or other issuance:
(1) 
Financial indebtedness to the City or its departments or corporations;
(2) 
Compliance or a violation with state, federal, or local ordinance;
(3) 
Compliance with any service or contractual obligations with the City or its departments or corporations;
(4) 
Claim history with the City or any of its employees, appointed or elected officials in their official capacity, or corporations;
(5) 
Whether any person or entity to whom this appendix may be applicable is the subject of a criminal complaint that may be either a felony or misdemeanor;
(6) 
Whether any person or entity to whom this appendix is or may be applicable is liable to the City or any of its departments or corporations for any damage or injury;
(7) 
Acts or omissions that may jeopardize the health, safety, welfare of the general public, patrons, or bystanders; and
(8) 
The cost of the review and processing of either engineering plans, construction plans, inspection of infrastructure, fees of qualified independent third-parties, or the hourly rate for the estimated actual direct time of city personnel performing services.
(Ordinance 2573-B-10-2024 adopted 12/5/2024)
(a) 
Should any person or business violate the prohibitions contained herein, City may take any action to enforce this or any ordinance to prevent and summarily abate the action, and seek any and all other relief.
(b) 
Any violation of this appendix shall be subject to both civil and criminal penalties. A criminal conviction shall be a class C misdemeanor. A violator shall also be subject to the maximum penalties allowed by law for failing to appear in court when charged with an offense as described herein. If conduct constituting an offense under this appendix also constitutes an offense under another law, the person may be prosecuted under all applicable laws.
(c) 
It shall be unlawful for an applicant, permittee, and any other person to knowingly conspire to circumvent this appendix to avoid the provisions, restrictions, and prohibitions of this appendix.
(d) 
A liable party shall be subject to a civil penalty up to $200 per violation, in addition to court costs, and other fees allowed by law.
(e) 
A violation may also subject any violator to additional criminal penalties as the law may allow.
(Ordinance 2573-B-10-2024 adopted 12/5/2024)