(A) Stop-Work Order. The agent may post a stop-work order at the site if:
(1) Any land-disturbing activity or development is performed in violation of this chapter;
(2) Any term, provision or condition of a site preparation permit issued under this chapter is not satisfied; or
(3) A person is found to be violating any other provision of this chapter.
(B) Permit Revocation. If a permittee does not comply with a stop-work order, the agent may revoke the permit by posting notice of such revocation at the permitted site and by sending a copy by certified mail, return receipt requested, to the permittee at the address shown on the permit application.
(C) Administrative Abatement.
(1) Emergency Abatement. Notwithstanding subsection (2) below, if the agent determines that a condition at a site threatens a public calamity or otherwise poses an immediate risk of serious harm to public health, safety or comfort, such condition may be summarily abated upon order of the City Manager.
(2) Non-emergency Abatement. If a responsible party fails to timely remediate a violation as required by this chapter, or otherwise creates or allows a nuisance hereunder, the agent may initiate administrative abatement utilizing the process set forth in § 93.04(C). If no timely appeal is taken, or if abatement is ordered following a hearing, the agent or his designee may enter the site and cause the violation or nuisance to be abated or remedied.
(3) The agent shall keep an accurate record of all expenses incurred by the city in performing administrative abatement, including man-hours, equipment hours, materials and fuel. Each permittee and other responsible party shall be liable to the city for payment of such expenses, and the city shall have a lien against the site to secure payment of such expenses. Property classified as homestead by the Texas Constitution shall be exempt from the provisions of this subsection relating to the imposition of a lien.
(4) An administrative abatement under this section shall have no effect upon a prosecution under § 156.99.
(D) Injunction. Compliance with the provisions of this chapter may also be enforced by injunction.
(Ord. 2002-31, passed 11-12-02; Am. Ord. 2005-29, passed 9-13-05; Am. Ord. 2012-20, passed 9-11-12)