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 (g) Fines and Penalties. A person who violates any provision of this Land Development Code pertaining to fire safety, zoning or public health and sanitation, including dumping of refuse, shall be punished, upon conviction, by a fine not to exceed $2,000.00. A person who violates any other provision of this Land Development Code shall be punished, upon conviction, by a fine not to exceed $500.00.The owner or owners of any building or premises or part thereof, where anything in violation of this Division shall be placed or shall exist, any architect, builder, contractor, agent, persons or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. This subsection does not apply to enforcement of an ordinance in the City's extraterritorial jurisdiction. (h) Separate Offenses. Each day that a violation continues shall be deemed a separate offense under this Section. (i) Revocation Proceedings. (1) If a responsible official determines, based on inspection or investigation by the City, that there are reasonable grounds for revocation of an approved development application, the official shall set a hearing before the original decision - maker, or if the decision was made by the official or another responsible official, before the board or commission to which appeal may be taken from such decision under this Land Development Code. If the City Council was the original decision - maker, the Council may refer the proposed revocation to the Planning and Zoning Commission for its report and recommendation prior to such hearing. Circumstances that warrant revocation of an approved development application shall include but not be limited to the following: a. A material mistake was made in approving the development application; b. Approval of the development application was procured on the basis of material misrepresentations or fraud on the part of the applicant; c. Development activities being undertaken on the land subject to the development permit are not in conformity with terms of the approved development application; d. The use authorized by the permit is in violation of a condition of approval of the approved development application; (2) The applicant and any interested parties shall be given notice of the hearing in the manner provided in Section 1.3.2.1. The public hearing shall be conducted in accordance with the procedures described in Section 1.3.3.1 (3) In rendering its decision whether to revoke the approved application, the decision -maker shall determine whether the activity authorized under the original approved application complies with the terms, conditions and requirements of such approval. The decision -maker may revoke the application, affirm it, or affirm it with attached conditions that assure that the terms; conditions and requirements of the application shall be met. (4) A decision to revoke an approved development application shall become final ten days after the date notice of the decision was given, unless appealed. After the effective date, it shall be unlawful to undertake or perform any activity that was previously authorized by the approved application without applying for and obtaining approval of a new development application for the activity. Appeal from the decision to revoke the approved development application shall be to the City Council, unless the decision to revoke was made by the Council. (j) This Division does not apply to construction permits issued under the requirements of Chapter 14 of the City Code San Marcos, Texas, Code of Ordinances Page 33