San Marcos Development Code

2 C H A P T E R

Development Procedures

Section 2.3.7.4 Fines and Penalties

abate such activity. Appropriate action or proceedings include without limitation termination of utility services (water, gas, electric); revocation of permits, licenses, or bonds; stop work orders and institution of legal action in a court of competent jurisdiction. Section 2.3.7.2 Stop Work Orders A. Stop Work Orders. Whenever any construction or development activity is being done contrary to any terms, conditions or requirements of an approved development application, development permit, or this 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. B. Stop Work Order Procedures. 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. 1. Such notice may be given in person, by certified mail return receipt, or by posting on the applicable property. C. Effect of Stop Work Order. Any person thereafter shall cease and desist from further development or construction activity which is 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. Section 2.3.7.3 Court Actions A. Municipal Court Actions. The City Attorney is authorized to prosecute violations of this Development Code in the municipal court where jurisdiction lies for the action. B. 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 Development Code. The initiation of one form of enforcement action by the City Attorney shall not preclude the City Attorney from initiating any other form of enforcement action.

Unless expressly stated otherwise in this Code for specific offense, the culpable mental state for violating this Code shall be recklessness. A. Life Safety Fines. A person who violates any provision of this 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. B. Other Development Code Fines. A person who violates any other provision of this Development Code shall be punished, upon conviction, by a fine not to exceed $500.00. C. 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. D. This Section 2.3.7.2 does not apply to enforcement of an ordinance in the City’s Extraterritorial Jurisdiction. E. Separate Offenses. Each day that a violation continues shall be deemed a separate offense under Section 2.3.7.1. Section 2.3.7.5 Revocation Proceedings. A. If the Responsible Official determines, based on inspection or investigation by the City, that there are reasonable grounds for revocation of an approved development application or development permit, the official shall set a hearing before the original decision-maker, or if the decision was made by the official or another Responsible Official or other city staff, set the hearing before the board or commission to which appeal may be taken from such decision under this Development Code. If the City Council was the original decision-maker, the Council may, but shall not be required to, 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:

1. A material mistake was made in approving the development application or development permit;

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San Marcos Development Code Adopted April 17, 2018