§ 35-491. Enforcement.

(a)

Enforcement Actions. The city or any proper person may institute any appropriate civil action or proceedings to prevent violations or threatened violations of these regulations. In particular, but without limitation, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the city or any proper person may institute any appropriate action or proceedings to (1) prevent such unlawful acts and to restrain, correct or abrogate such violation; (2) prevent the occupancy of the building, structure or land; or (3) prevent any illegal act, conduct, business or use in or about such premises, including but not limited to all remedies provided in V.T.C.A. Local Government Code § 211.012. The imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any appropriate action or proceedings to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder.

(b)

Subdivision Plats Within Extraterritorial Jurisdiction. Any violation of any provision of these regulations or any other ordinance establishing rules and regulations governing plats and subdivisions of land outside of the corporate limits of the city, but within its extraterritorial jurisdiction:

(1)

Shall be reported to the city council for whatever action the council may deem proper, and the city attorney shall, when so directed, institute an action in the district court to enjoin the violation of any provision of these regulations or other ordinance in the extraterritorial jurisdiction.

(2)

Shall not constitute a misdemeanor under such ordinance nor shall any fine provided for in such ordinance be applicable to a violation within the extraterritorial jurisdiction.

(c)

Penalties.

(1)

Violation of Subdivision Plat or Development Standards. The criminal penalty for violation of any section or other part of articles I, II, and V, and article IV, division 4 of this chapter is hereby established so that the minimum fine shall be twenty-five dollars ($25.00) and the maximum fine shall be five hundred dollars ($500.00) unless specifically indicated otherwise. Each day a violation is permitted to exist shall constitute a separate offense. A civil penalty for violation of articles I, II, and V, and article IV, division 4 of this chapter may not exceed one thousand dollars ($1,000.00) a day.

(2)

Zoning Violations. The criminal penalty for violation of any section or other part of article III of this chapter is hereby established so that the minimum fine shall be one hundred dollars ($100.00) and the maximum fine shall be two thousand dollars ($2,000.00), provided, however, in the event a defendant has once previously been convicted under article III, the defendant shall be fined an amount no less than two hundred dollars ($200.00) and shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense. A civil penalty for violation of article III of this chapter may not exceed one thousand dollars ($1,000.00) a day.

(3)

Civil Penalties Regarding Article VI, Historic Preservation. The civil penalties for violation of any section or other part of article VI of this chapter is as follows:

A.

Any person who constructs, reconstructs, alters, restores, renovates, relocates, stabilizes, repairs or demolishes any building, object, site, or structure in violation of any section or other part of article VI shall be required to restore the building, object, site, or structure to its appearance or setting prior to the violation. In lieu of the reconstruction of a demolished or partially-demolished resource, if the structural, physical, or visual integrity of the structure or property is adversely affected to the extent that it is not feasible to restore the structural, physical, or visual integrity substantially to its former level, such person shall be liable for damages equal to the cost of constructing, using as many of the original materials as possible, a new structure or property that is a reasonable facsimile of the historic structure or property and the cost of attorney's, architect's, and appraiser's fees and other costs related to the enforcement of this section. If it is feasible to restore the structural, physical, or visual integrity of the structure or property substantially to its former level, the damages are equal to the cost of the restoration, using as many of the original materials as possible, and the cost of attorney's, architect's, and appraiser's fees and other costs related to the enforcement of this section, in accordance with V.T.C.A., Local Government Code § 315.006. Any action to enforce this provision shall be brought by the City of San Antonio. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.

B.

If construction, reconstruction, alteration, restoration, renovation, relocation, stabilization, or repair of a landmark or of any building, object, site or structure found to have significance or located in a historic district, or located in the river improvement overlay districts, or on publicly-owned land, or on a public right-of-way occurs without a permit or a certificate of appropriateness, then the license of the company, individual, principal owner, or its or his successor in interest performing such construction, reconstruction, alteration, restoration, renovation, relocation, stabilization, or repair shall be revoked for a period of three (3) years.

C.

If demolition, partial demolition, or relocation of a landmark or of any building, object, site or structure found to have significance or located in a historic district, or located in the river improvement overlay districts, or located on the publicly-owned property, or on a public right-of-way occurs without a permit or a certificate of appropriateness, then any permits on subject property will be denied for a period of five (5) years with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness. In addition, the applicant shall not be entitled to have issued to him by any city office a permit allowing any curb cuts on subject property for a period of five (5) years from and after the date of such demolition. No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five (5) years from and after the date of such demolition or removal. The historic preservation officer shall cause to be filed a verified notice thereof of these penalties in the Real Property Records of Bexar County and all restrictions listed above shall be binding on future owners of the property for the time period specified. Additionally, in the case of an unauthorized demolition, partial demolition, or relocation that damages the building, object or structure, a fine shall be imposed in the amount of ninety (90) percent of the fair market value of the cost of replacement or repair of such building, object or structure as allowed by state law. No future permits shall be issued until such fine is paid, regardless of any five-year deadline. Any monies collected shall be deposited into an account as directed by the historic preservation officer for the benefit, rehabilitation or acquisition of local historic resources.

D.

If demolition, partial demolition, or relocation of a landmark or of any building, object, site, or structure found to have significance or located in a historic district, or located in the river improvement overlay districts, or located on publicly-owned property, or on a public right-of-way occurs without a permit or a certificate of appropriateness, then the license of the company, individual, principal owner; or its or his successor in interest performing such demolition shall be revoked for a period of five (5) years.

(4)

Criminal Penalties Regarding Article VI, Historic Preservation. Any persons, firm or corporation violating any section of other part of article VI of this chapter shall be guilty of a misdemeanor, and each shall be deemed guilty of a separate violation for each day during which any violation hereof is committed. Upon conviction, each violation shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) per day for each day of each violation.

(d)

Remedies.

(1)

Offenses and Liabilities Preserved. All offenses committed and all liabilities incurred prior to the effective date of this chapter shall be treated as though all prior applicable zoning ordinances and amendments thereto were in full force and effect for the purposes of sustaining any proper suit, action or prosecution with respect to such offenses and liabilities.

(2)

Effect of Other Ordinances and Regulations. Whenever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance or regulation than are established by the provisions of this chapter, the provisions of such other statute, ordinance or regulation shall govern.

(3)

Effect of Private Covenants. Nothing herein contained shall be construed to render inoperative any restriction established by covenants running with the land.

(4)

Repayment Obligation. Whenever the city, under subsection (a), shall expend funds to correct a violation of this code, the city shall be entitled to repayment by the violator, and may take any appropriate action, including filing a lien against the property, to secure such repayment.

(e)

Nuisances.

(1)

Provisions Supplementary. Nothing in this chapter shall be construed as repealing any ordinance of the city regulating nuisances or permitting uses which were prohibited prior to the adoption of this chapter.

(2)

Declaration of Nuisance. The erection, threat of erection, construction or maintenance of any building or the use of any premises in violation of the provisions of this chapter shall be, and is hereby declared to be, a public nuisance when such threat, building or use of the premises constitutes a fire, health or traffic hazard or interferes with the reasonable peaceful enjoyment of their homes by citizens living in the vicinity of such buildings or premises.

(3)

City Council Hearing. In addition to the other remedies provided for the enforcement of this chapter, the city council is authorized and empowered to hear and determine the facts in cases of alleged nuisances and where it finds that facts exist which constitute a nuisance as specified in subsection (2) above, the city council may order the cessation and abatement of such nuisance.

(Ord. No. 95352 § 5) (Ord. No. 98697 § 6) (Ord. No. 2010-06-24-0616, § 2, 6-24-10) (Ord. No. 2011-03-31-0240, § 2, 3-31-11; Ord. No. 2015-12-17-1077 , § 2, 12-17-15; Ord. No. 2017-10-05-0756 , § 1(Att. A), 10-5-17)

Editor's note

Ord. No. 2015-12-17-1077 , § 2, adopted Dec. 17, 2015, changed the title of § 35-491 from "Civil enforcement" to "Enforcement." This historical notation has been preserved for reference purposes.