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Ch 39 Art 09 ENFORCEMENT AND REMEDIES
Ch 39 Art 09 Div 9.1 Enforcement Procedures
§ 39.09.001 Purpose.
The purpose of this Article is to set out the procedures for enforcing this UDC , and the remedies available to the City for violations of this UDC . ( Ordinance 2023-O0054 adopted 5/9/2023 )
§ 39.09.002 Applicability.
a. Compliance required. No person may use, occupy or develop land, buildings or other structures , or authorize or permit the use, occupancy or development of land, buildings or other structures , except in accordance with all the provisions of this UDC . b. Continuation of prior enforcement actions. Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this UDC . Enforcement actions initiated before the effective date of or amendments to this UDC may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDC . ( Ordinance 2023-O0054 adopted 5/9/2023 )
§ 39.09.003 Right of entry.
The Director of Code Enforcement is empowered to enter any building , structure , or premises in the City upon which a development or land use is located, as follows: a. Inspection. Entry shall be for the purpose of inspection to ensure compliance; b. Hours. Inspection shall be performed during business hours, unless an emergency exists; and c. Permission. Inspection shall be made only after: 1. Contact and permission is granted by the owner or tenant ; or 2. An order is given from a court of competent jurisdiction. ( Ordinance 2023-O0054 adopted 5/9/2023 )
§ 39.09.004 Violations.
a. Complaints. Any person may file a written complaint to the Director of Code Enforcement on a suspected violation of this UDC . The Director of Code Enforcement shall record the complaint immediately, investigate, and take action as provided in this Article. b. Penalties. 1. Fine. Any person , landowner, building owner or occupant who violates any of the provisions of this UDC or who fails to comply with any of the provisions of this UDC or who builds, alters, or occupies any building , structure , or land in violation of any statement of or plan submitted and approved under this UDC shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed $2,000.00 or such other amount as may be provided by the general laws of the St...
§ 39.09.005 Owner responsibility.
It shall be the responsibility of the property owner to maintain and ensure conformance to the provisions of this UDC . ( Ordinance 2023-O0054 adopted 5/9/2023 )
Ch 39 Art 10 WORD USAGE
Ch 39 Art 10 Div 10.1 Rules of Construction
§ 39.10.001 Rules of construction.
a. "Shall," "will," "should," "may," and "must." 1. The words "shall," "must," and "will" are always mandatory. 2. The words "should" and "may" are discretionary. b. Representative of the city. Any office referred to in this UDC by title means the person employed or appointed by the City in that position, or their duly authorized representative, and includes any person designated to perform the duties of such office. c. Customary usage. Definitions not expressly prescribed in this UDC are to be construed in accordance with customary usage in municipal planning and engineering practices. d. Most recent version. All references to other county, state, or federal regulations in this UDC refer to the most current version and citation for those regulations unle...
Ch 39 Art 10 Div 10.2 Definitions
§ 39.10.002 Definitions.
A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. R. S. T. U. V. W. Y. Z. ( Ordinance 2023-O0054 adopted 5/9/2023 ; Ordinance 2024-O0110 adopted 8/27/2024 ; Ordinance 2024-O0130 adopted 9/24/2024 ; Ordinance 2024-O0137 adopted 10/28/2024 ; Ordinance 2025-O0025 adopted 2/25/2025 ; Ordinance 2025-O0095 adopted 8/18/2025 )
39.10.002A{1} Abutting
Abutting means property where two adjoining lots have a common boundary, not including lots that are separated by a public right-of-way .
39.10.002A{2} AC
AC means the Auto-Urban Commercial zoning district.
39.10.002A{3} Accessory Dwelling Unit
Accessory Dwelling Unit means a space incorporated within the living area or detached from the primary single-family residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
39.10.002A{4} Accessory Structure
Accessory Structure means a subordinate and incidental structure located on the same lot as and reasonably necessary and incidental to the principal use or structure . This definition includes, but is not limited to, garages , tool houses, greenhouses , and storage sheds.
39.10.002A{5} Accessory Use
Accessory Use means a subordinate use incidental to and located on the same lot with the principal use , and which is reasonably necessary and incidental to the conduct of the principal use .
39.10.002A{6} Adjacent
Adjacent means next to, but shall not necessarily mean "touching." Also refer to the definition for " Abutting ."
39.10.002A{7} Adult Care Center
Adult Care Center means a facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the facility. Adult Care Centers must be licensed by the Texas Health and Human Services Commission. This definition includes adult day care centers , rescue missions, and shelters for the homeless and other types of transient housing not licensed by the Texas Health and Human Services Commission.
39.10.002A{8} Agent
Agent means a person designated in writing by the short-term rental operator in lieu of themselves as the 24-hour emergency contact for a lawfully operating short-term rental .