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<br /> -65- <br /> D. Administrative cost: The board of adjustments and <br /> appeals, with the concurrence and approval of the city <br /> council, shall determine and set forth a fee schedule <br /> for the purpose of recovering the administrative cost <br /> of processing requests and the public hearings called <br /> for by this section. Such fee shall be paid by the <br /> applicant and shall not be designed for restricting <br /> an applicant's ability to seek a hearing and/or to <br /> generate revenue for other than recovery of actual <br /> administrative cost incurred by the city. <br /> Section 41. Enforcements and remedies. <br /> 1. Director of planning: the provisions of this <br /> ordinance shall be administered and enforced by the <br /> director of planning or his duly authorized representative <br /> of the City of San Marcos. <br /> 2. Right to enter: The director of planning or any <br /> duly authorized person shall have the right to enter <br /> upon any premises at any reasonable time for the purpose <br /> of making inspection of buildings or prem1ses necessary <br /> to carry out the duties 1n the enforcement of this <br /> ordinance. If the director of planning or his duly <br /> authorized representative is refused entry, he shall <br /> have to obtain proper judicial authorization. <br /> 3. Stop orders: Whenever any building work 1S <br /> being done contrary to the provisions of this ordinance, <br /> the director of planning or his duly authorized <br /> representative may order the work stopped by notice <br /> in writing served on the owner or contractor doing the <br /> work or causing such work to be done, and any such <br /> person shall forthwith stop such work until authorized <br /> to proceed with the work. Such notice shall be given <br /> at least three days before the order shall be effective <br /> except when the order should be effective inunediately <br /> to protect and preserve the public health, safety, or <br /> general welfare. <br /> 4. Penalty: Any violation of this ordinance or section <br /> thereof is hereby declared to be a misdemeanor and, upon <br /> conviction shall be subject to a fine of not less than <br /> two hundred dollars ($200.00) nor more than $1,000.00 <br /> for any violation. Each day shall be a separate violation. <br /> 5. Additional remedies: In case any building or <br /> structure 1S erected, constructed, reconstructed, altered, <br /> repaired, converted, or maintained or any building, <br /> structure, or land is used in violation of this act or <br /> of any ordinance or other regulation made under the <br /> authorities of the municipality, in addition to other <br /> remedies, the city shall institute any appropriate <br /> action or proceedings to prevent such unlawful erection, <br /> construction, reconstruction, alteration, repair, <br /> conversion, maintenance or use, to refrain, correct or <br /> abate such violation, to prevent the occupancy of said <br /> building, structure or land, or to prevent any illegal <br /> act, conduct, business or use in or about such premises. <br /> Appropriate action or proceedings shall include termination <br /> of utility services (water, gas, electric), revocation <br /> of permits, licenses, or bonds, and institution of legal <br /> action 1n courts of competent jurisdiction. <br /> Section 42. Conflicting ordinances. <br /> It 1S the intention of the governing body that this <br /> ordinance should supplement existing ordinances, and <br /> any ordinance, word, phrase, clause, sentence, or <br /> section thereof in conflict with this ordinance shall <br /> rema1n 1n full force and effect; however, in the event <br /> that this ordinance shall impose a more restrictive <br /> requirement, then this ordinance shall control. <br />