eLaws | eCases | Texas Statutes | Texas Administrative Code | Texas Courts | Counties & Cities of Texas | Code of Federal Regulations | United States Code |
 Santa Fe
 Zoning
 Article 11. ENFORCEMENT

  § 11.06. Failure to act upon warning notice.  

Latest version.

  • Upon neglect or failure to act upon the violation notice, the City shall issue a notice to appear and comply with the following procedures:

    (1)

    Service of notice to appear. If a violation notice is given and, after the time for removal or abatement has elapsed, the property is re-inspected and the CSD or his designee finds and determines the violation has not been removed or abated, the CSD or his designee shall fill out and sign, as the complainant, a "complaint and information form" or a "notice to appear". The notice to appear shall include the following:

    a.

    Name of the occupant, owner, or person in charge of the property.

    b.

    The address or legal description of the property on which the violation is occurring.

    c.

    This chapter and section the action or condition violates.

    d.

    The date on which the case will be on the court docket for hearing.

    e.

    Any other information deemed pertinent by the CSD or his designee.

    The original copy of the notice to appear (subpoena) shall be forwarded to the Clerk of Court for inclusion on the court's docket for the date indicated on the notice to appear.

    (2)

    Notice to appear. A notice to appear (subpoena) shall be hand delivered by the Clerk of Court or her designee to City residents and via certified and regular mail by the Clerk of Court's office to all non-residents. The notice to appear (subpoena) shall identify the court date the case will appear before the court and the person's last known mailing address as verified with the Galveston County Tax Office.

    (3)

    Abatement by City. If the occupant, owner, or person in charge of the property for which a violation notice has been given fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may, if conditions exist that affect health, welfare, safety or contribute to environmental degradation, remove the violation and thereby abate the violation. If necessary, the City may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the cost of the person responsible for creating or maintaining the violation. The violation will be subject to civil fines reflecting the cost to the City, as prosecuted by the City Attorney.

    (4)

    Payment of costs. All costs and expenses incurred by the City in removing or abating any violation on any private property may be assessed against the property as a lien on the property in addition to any other penalties and costs imposed if the person charged either pleads or is found guilty of causing, creating, or maintaining a violation.

    (5)

    Violation; first offense. In all cases where the violation is the first offense of the specified chapter violation, a notice of violation shall provide up to fifteen (15) calendar days to abate violations of this ordinance.

    (6)

    Violation notice; subsequent offenses. In all cases where the violation on public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in subsection (5) of this section, the warning notice sections of this division need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

(Ord. No. 03-2006, § 11.6, 2-23-06)