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DEVELOPMENT PROCEOUP <br /> C. Effect of Stop Work Order.Any person thereafter shall cease Section 2.3.7.5Revocation Proceedings. <br /> and desist from further development or construction activity <br /> which is material to the alleged noncompliance, until corrected A. If the Responsible Official determines, based on inspection <br /> by compliance and authorized by the Responsible Official to or investigation by the City,that there are reasonable grounds <br /> proceed with the work.This prohibition shall extend throughout for revocation of an approved development application or <br /> any appeal period. development permit,the official shall set a hearing before the <br /> original decision-maker, or if the decision was made by the <br /> Section 2.3.7.3Court Actions official or another Responsible Official or other city staff, set the <br /> hearing before the board or commission to which appeal may <br /> A. Municipal Court Actions.The City Attorney is authorized to be taken from such decision under this Development Code. If <br /> prosecute violations of this Development Code in the municipal the City Council was the original decision-maker,the Council <br /> court where jurisdiction lies for the action. may, but shall not be required to, refer the proposed revocation <br /> B. Civil Court Actions.The City Attorney is authorized to file to the Planning and Zoning Commission for its report and <br /> and prosecute an action at law or in equity,where permitted recommendation prior to such hearing. Circumstances that <br /> under the laws of Texas, in a court of competent jurisdiction to warrant revocation of an approved development application <br /> enforce the provisions of this Development Code.The initiation shall include but not be limited to the following: <br /> of one form of enforcement action by the City Attorney shall 1. A material mistake was made in approving the <br /> not preclude the City Attorney from initiating any other form of development application or development permit; <br /> enforcement action. <br /> 2. Approval of the development application or development <br /> Section 2.3.7.4Fines and Penalties permit was procured on the basis of material <br /> Unless expressly stated otherwise in this Code for specific misrepresentations or fraud on the part of the applicant or <br /> offense,the culpable mental state for violating this Code shall be its agents; <br /> recklessness. 3. Development activities being undertaken on the land <br /> A. Life Safety Fines.A person who violates any provision of this subject to the development permit are not in conformity <br /> Development Code pertaining to fire safety, zoning or public with terms thereof; <br /> health and sanitation, including dumping of refuse, shall be 4. Any use authorized by the development permit or approved <br /> punished, upon conviction, by a fine not to exceed$2,000.00. development application is in violation of a condition of <br /> B. Other Development Code Fines.A person who violates any approval. <br /> other provision of this Development Code shall be punished, B. The applicant and any interested parties shall be given notice <br /> upon conviction, by a fine not to exceed$500.00. of the hearing in the manner provided in Section 2.3.2.1.The <br /> C. The owner or owners of any building or premises or part public hearing shall be conducted in accordance with the <br /> thereof,where anything in violation of this Division shall be procedures described in Section 2.3.3.1. <br /> placed or shall exist, any architect, builder, contractor, agent, C. In rendering its decision whether to revoke the approved <br /> persons or corporation employed in connection therewith, application,the decision-maker shall determine whether the <br /> and who may have assisted in the commission of any such activity authorized under the original approved application <br /> violation,shall be guilty of a separate offense and upon complies with the terms, conditions and requirements of such <br /> conviction shall be fined as herein provided. approval.The decision-maker may revoke the application, <br /> D. This Section 2.3.7.2 does not apply to enforcement of an affirm it, or affirm it with attached conditions that assure that <br /> ordinance in the City's Extraterritorial Jurisdiction. the terms, conditions and requirements of the application shall <br /> be met. <br /> E. Separate Offenses. Each day that a violation continues shall be <br /> deemed a separate offense under Section 2.3.7.1. <br /> Amended: September 1, 2020 2-17 <br />