§ 110-448. Enforcement/penalty  


Latest version.
  • (a) All work performed pursuant to a permit under this subdivision shall conform to any requirements included herein. It shall be the duty of the historic preservation officer to periodically inspect any such work to ensure compliance. Inspection pertains to any work directly related to the enforcement of the ordinance from which this subdivision derives, and excludes inspection for any additional building or safety codes. In the event work is found that is not being performed in accordance with the permit, the permitee shall be notified of the alleged noncompliance issue by the historic preservation officer and shall cure any violations within ten days from the date of notice. Failure to bring the work into compliance may result in the historic preservation board taking action during a meeting to stop all work and advising the historic preservation officer to issue a stop work order. All work determined not to be in compliance with the permit shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. As soon as the owners are in compliance with their application, construction can be resumed or the applicant/owner may file a written request with the historic preservation board for a hearing with the historic preservation board to be held within three working days of the receipt of the request for the hearing.

    (b) A person, firm, corporation or other entity commits an offense if he/she/it violates this subdivision. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this subdivision:

    (1) Fines. Any person or entity failing to comply with any provision of this subdivision shall be deemed guilty of a misdemeanor charge and upon conviction thereof shall be subject to a fine of up to $500.00 for each day the violation continues. If a violation occurs or is about to occur, the municipality is authorized to bring legal action to enforce this subdivision in accordance with V.T.C.A., Local Government Code § 211.012.

    (2) Cumulative remedies. The provisions of this section shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available to adversely affecting historic structures or property under V.T.C.A., Local Government Code § 315.006 and V.T.C.A., Government Code § 442.016, as the same may be amended from time to time, injunctive remedies and the like.

    (3) Civil action. As an additional remedy in addition to the penalties stated above, the city attorney for the City of Llano or his or her designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief.

(Ord. No. 1187, § 2(exh. A), 7-25-2011)