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<br />, <br /> <br />41 <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 3 Universal Procedures <br /> <br />(d) Stop Work Orders. <br /> <br />(1) Whenever any construction or development activity is being done contrary to <br />any term, condition or requirements of an approved development application <br />or this Land Development Code, the responsible official or the official's <br />authorized representative may order the work stopped by notice in writing, <br />served on the property owner or authorized agent. Notice shall be given <br />before the order shall be effective, except when the order should be effective <br />immediately to protect and preserve the public health, safety, or general <br />welfare. Any person thereafter shall cease and desist from further <br />development or construction material to the alleged noncompliance, until <br />corrected by compliance and authorized by the responsible official to proceed <br />with the work. This prohibition shall extend throughout any appeal period. <br /> <br />(2) The owner or authorized agent may appeal the stop work order to the <br />responsible official by giving written notice. The responsible official shall <br />hear the appeal within five working days of receiving the notice. The <br />appellant may appeal a negative ruling by the responsible official in writing to <br />the City Council, which shall hear the appeal at the next regular meeting that <br />occurs at least ten days after receipt of the notice of appeal. <br /> <br />(3) The decision-maker on the appeal may require the placement of temporary <br />erosion control, water quality protection or other measures by the owner or <br />appellant in order to protect the site and the community resources during the <br />appeal period. <br /> <br />(4) The responsible official or the City Council, as the case may be, shall decide <br />the appeal and make such order as is necessary to assure compliance with the <br />terms of this Land Development Code and all approved development <br />applications. <br /> <br />(e) Municipal Court Actions. The City Attorney is authorized to prosecute violations of <br />this Land Development Code in the municipal court where jurisdiction lies for the <br />action. <br /> <br />(f) Civil Court Actions. The City Attorney is authorized to file and prosecute an action at <br />law or in equity, where permitted under the laws of Texas, in a court of competent <br />jurisdiction to enforce the provisions of this Land Development Code. The initiation <br />of one form of enforcement action by the City Attorney will not preclude the City <br />Attorney from initiating any other form of enforcement action. <br /> <br />(g) Fines and Penalties. A person who violates any provision of this Land Development <br />Code pertaining to fire safety, zoning or public health and sanitation, including <br />dumping of refuse, shall be punished, upon conviction, by a fine not to exceed <br />$2,000.00. A person who violates any other provision of this Land Development <br />Code shall be punished, upon conviction, by a fine not to exceed $500.00.The owner <br /> <br />City of San Marcos, Texas <br /> <br />1-37 <br /> <br />Land Development Code - Final <br />