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11 <br /> I OPMENT PROCEDURE <br /> . <br /> abate such activity.Appropriate action or proceedings include Section 2.3.7.4 Fines and Penalties <br /> without limitation termination of utility services (water, gas, <br /> electric); revocation of permits, licenses, or bonds;stop work Unless expressly stated otherwise in this Code for specific <br /> orders and institution of legal action in a court of competent offense,the culpable mental state for violating this Code shall be <br /> jurisdiction. recklessness. <br /> Section 2.3.7.2 Stop Work Orders A. Life Safety Fines.A person who violates any provision of this <br /> Development Code pertaining to fire safety,zoning or public <br /> A. Stop Work Orders.Whenever any construction or development health and sanitation, including dumping of refuse, shall be <br /> activity is being done contrary to any terms, conditions punished, upon conviction, by a fine not to exceed$2,000.00. <br /> or requirements of an approved development application, <br /> development permit, or this Development Code,the B. Other Development Code Fines.A person who violates any <br /> Responsible Official or the official's authorized representative other provision of this Development Code shall be punished, <br /> may order the work stopped by notice in writing,served on the upon conviction, by a fine not to exceed$500.00. <br /> property owner or authorized agent. C. The owner or owners of any building or premises or part <br /> B. Stop Work Order Procedures. Notice shall be given before thereof, where anything in violation of this Division shall be <br /> the order shall be effective, except when the order should be placed or shall exist, any architect, builder, contractor, agent, <br /> effective immediately to protect and preserve the public health, persons or corporation employed in connection therewith, <br /> safety, or general welfare. and who may have assisted in the commission of any such <br /> violation,shall be guilty of a separate offense and upon <br /> 1. Such notice may be given in person, by certified mail conviction shall be fined as herein provided. <br /> return receipt,or by posting on the applicable property. <br /> D. This Section 2.3.7.2 does not apply to enforcement of an <br /> C. Effect of Stop Work Order.Any person thereafter shall cease ordinance in the City's Extraterritorial Jurisdiction. <br /> and desist from further development or construction activity <br /> which is material to the alleged noncompliance, until corrected E. Separate Offenses.Each day that a violation continues shall be <br /> by compliance and authorized by the Responsible Official to deemed a separate offense under Section 2.3.7.1. <br /> proceed with the work.This prohibition shall extend throughout Section 2.3.7.5 Revocation Proceedings. <br /> any appeal period. <br /> A. If the Responsible Official determines, based on inspection <br /> Section 2.3.7.3 Court Actions or investigation by the City,that there are reasonable grounds <br /> A. Municipal Court Actions.The City Attorney is authorized to for revocation of an approved development application or <br /> prosecute violations of this Development Code in the municipal development permit,the official shall set a hearing before the <br /> court where jurisdiction lies for the action. original decision-maker,or if the decision was made by the <br /> official or another Responsible Official or other city staff,set the <br /> B. Civil Court Actions.The City Attorney is authorized to file hearing before the board or commission to which appeal may <br /> and prosecute an action at law or in equity,where permitted be taken from such decision under this Development Code. If <br /> under the laws of Texas, in a court of competent jurisdiction to the City Council was the original decision-maker,the Council <br /> enforce the provisions of this Development Code.The initiation may, but shall not be required to, refer the proposed revocation <br /> of one form of enforcement action by the City Attorney shall to the Planning and Zoning Commission for its report and <br /> not preclude the City Attorney from initiating any other form of recommendation prior to such hearing.Circumstances that <br /> enforcement action. warrant revocation of an approved development application <br /> shall include but not be limited to the following: <br /> 1. A material mistake was made in approving the <br /> development application or development permit; <br /> 2:16 San Marcos Development Code Adopted April 17,2018 <br />