Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 3: - UNIVERSAL PROCEDURES DIVISION 7: - ENFORCEMENT AND REVOCATION OF PERMITS fifVf',SR11V 7. f l7.f "ii i f'IVI I7'tAIVD fit, Viii:r7°tRNV i °if PERIVff°t ","' Section 1...3 „"T „1 infoirceirneint Piroceduires and Revocation n of IP irirmmiiif (a) Enforcement Activities. Enforcement activities include informal contacts with individuals to advise them of requirements, the issuance of verbal warnings, written warnings, and municipal court citations, formal court action, and billing and collection. Employees of the Fire Marshal's office, Planning, Building Inspections, Public Works, Environmental Health, Water and Wastewater, and Environment and Engineering Departments are authorized to issue municipal court citations for violations of this Article. (b) Right to Enter. The responsible official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Land Development Code. Submittal of any application for a development permit that authorizes construction of structures or improvements shall be construed as a grant of authority to the responsible official to enter on land subject to the application for purposes of enforcing the approved permit. (c) General Remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used or developed in violation of this Land Development Code or any development application approved thereunder, in addition to other remedies, the City may institute any appropriate action or proceedings to prevent or abate such activity. Appropriate action or proceedings include termination of utility services (water, gas, electric); revocation of permits, licenses, or bonds; and institution of legal action in a court of competent jurisdiction. (d) Stop Work Orders. (1) Whenever any construction or development activity is being done contrary to any term, condition or requirements of an approved development application or this Land Development Code, the responsible official or the official's authorized representative may order the work stopped by notice in writing, served on the property owner or authorized agent. Notice shall be given before the order shall be effective, except when the order should be effective immediately to protect and preserve the public health, safety, or general welfare. Any person thereafter shall cease and desist from further development or construction material to the alleged noncompliance, until corrected by compliance and authorized by the responsible official to proceed with the work. This prohibition shall extend throughout any appeal period. (2) The owner or authorized agent may appeal the stop work order to the responsible official by giving written notice. The responsible official shall hear the appeal within five working days of receiving the notice. The appellant may appeal a negative ruling by the responsible official in writing to the City Council, which shall hear the appeal at the next regular meeting that occurs at least ten days after receipt of the notice of appeal. (3) The decision -maker on the appeal may require the placement of temporary erosion control, water quality protection or other measures by the owner or appellant in order to protect the site and the community resources during the appeal period. (4) The responsible official or the City Council, as the case may be, shall decide the appeal and make such order as is necessary to assure compliance with the terms of this Land Development Code and all approved development applications. (e) Municipal Court Actions. The City Attorney is authorized to prosecute violations of this Land Development Code in the municipal court where jurisdiction lies for the action. (f) Civil Court Actions. The City Attorney is authorized to file and prosecute an action at law or in equity, where permitted under the laws of Texas, in a court of competent jurisdiction to enforce the provisions of this Land Development Code. The initiation of one form of enforcement action by the City Attorney will not preclude the City Attorney from initiating any other form of enforcement action. San Marcos, Texas, Code of Ordinances Page 32