7.02.01 Generally.
A. The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Govt. Code Ann. Section 212.012 (Vernon 1988 & Supp. 1994), as amended.
B. Notice of Intent to Suspend or Revoke.
1. Before the City initiates the process for suspension or revocation of a permit or other form of approval pursuant to this Code, the City Manager or Building Official or another designee of the City Council shall give written notice of intent to suspend or revoke via certified mail, return receipt requested. The notice may specify a reasonable time for compliance with this Code
2. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired.
3. The City Manager, Building Official, or another designee of the City Council shall not be required to provide notice of intent to suspend or revoke for violations of this Code that cause imminent destruction of property or injury to persons.
7.02.02 Suspension and Revocation of a Variance or Special Use Permit.
A. When the City Council determines there is a failure to comply with any term, condition, or requirement that was a condition of the approval of a variance or special use permit, the City Council may direct the City Manager, City Attorney, or another agent or official to suspend the variance or special use permit pending compliance with the terms, conditions, or requirements under which the variance or special use permit was approved.
B. Notice of suspension or revocation of a variance or special use permit shall be sent by certified mail, return receipt requested, to the permit holder of the variance or special use permit.
C. The City Council shall, if requested in writing by the permit holder, hold a public hearing no later than forty-five (45) days after notification is sent to the permit holder of the variance or special use permit of its intent to suspend. If the City Council determines there is a failure to comply with any term, condition, or requirement made a condition of the variance or special use permit, the City Council may revoke the variance or special use permit or take such action as it considers necessary to ensure compliance.
D. A decision to revoke a variance or special use permit shall be effective immediately. Notice of the decision by the City Council shall be sent by certified mail, return receipt requested to the permit holder of the variance or the special use permit.
7.02.03 Stop Work Orders.
The City Manager, City Inspector [or] other City official duly authorized by the City Council may order all work, including site clearing or other site preparation, stopped on any site where a significant violation of this Code or a subdivision plat or approved site plan is found. Any person, including a workman on the site, who fails to comply with a stop work order, shall be guilty of a misdemeanor, punishable as provided in this Chapter of the Code. Upon receiving an application to resume work and a declaration from the landowner or developer that any claimed violations of this Code have ceased and that the landowner or developer is currently in compliance, the City Manager shall determine, within ten (10) working days of receipt of said application, whether the work is in compliance. If the City Manager determines that the work or site is in compliance, he may authorize the work to proceed in writing.
