ENFORCEMENT, PENALTY AND REVOCATION OF PERMITS

El Paso City Code tit. 19, art. 4, ch. 19.42

in effect

El Paso City Code § 19.42.010 Enforcement activities.

19.42.010 - Enforcement activities. The building official, employees of the code enforcement division, and other enforcing officers as defined or designated by the city manager, constitute authorized officials under this title, and are authorized to issue municipal court citations for violations of this article and to bring to the attention of the city attorney, and any other appropriate authority, any violations or lack of compliance with these regulations. Any department, agency, employee or authorized official of the city having information regarding an alleged violation to this title, shall report that information to as directed by the city manager or his designee to assist in the enforcement of these requirements. (Ord. 16882 § 2(part), 2008) (Ord. No. 17236, §§ 3, 19, 11-10-2009; Ord. No. 17396, § 28, 8-24-2010; Ord. No. 17811, § 9, 6-5-2012, eff. 6-11-2012)

El Paso City Code § 19.42.020 Right to enter.

19.42.020 - Right to enter. An authorized official with enforcement authority shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this title. Submittal of any application that authorizes construction of structures or improvements shall be construed as a grant of authority to the responsible official to enter on land subject to the application for purposes of enforcing the approved permit. (Ord. 16882 § 2(part), 2008) (Ord. No. 17236, § 20, 11-10-2009)

El Paso City Code § 19.42.030 General remedies.

19.42.030 - General remedies. If the land is used or developed or if any building or structure is erected or constructed, in violation of this chapter or any application approved hereunder, in addition to other remedies, the city may institute any appropriate action or proceedings to prevent or abate such activity. Appropriate action or proceedings include termination of utility services (water, gas, electric); revocation of permits, licenses, or bonds; and institution of legal action in a court of competent jurisdiction. (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.42.040 Stop work orders.

19.42.040. - Stop work orders. A. Whenever any development or construction activity is being done contrary to any term, condition or requirements of an approved application and/or this title, the city manager or designee may order the work stopped by notice in writing, served on the property owner or authorized agent. Notice shall be given before the order shall be effective, except when the order states that it is effective immediately as being necessary to protect and preserve the public health, safety, or general welfare. Any person thereafter shall cease and desist from further development or construction material to the alleged noncompliance, until corrected by compliance and authorized by person issuing the stop work order to proceed with the work. This prohibition shall extend throughout any appeal period. B. The owner or authorized agent may appeal the stop work order by giving written notice to the planning official and submitting a competed form as may be required by the city. The city plan commission shall meet to consider the appeal within fifteen calendar days after the date the completed application for appeal is received by the secretary of the commission. C. The city plan commission shall reach a decision without unreasonable or unnecessary delay. A copy of the decision shall be delivered by certified mail or personal delivery to the applicant. The decision of the city plan commission shall be final, but as may be provided by law, be adjudicated in a court of competent jurisdiction. D. The city manager or designee may require the placement of temporary erosion control, drainage protection or other measures by the owner or appellant in order to protect the site and the community resources during the appeal period or any subsequent litigation. E. The application for each appeal must be signed and be accompanied by payment of a nonrefundable application fee in the amount established by appropriate resolution of the city council. (Ord. 16882 § 2(part), 2008) (Ord. No. 17236, § 21, 11-10-2009; Ord. No. 17396, § 29, 8-24-2010; Ord. No. 17811, § 10, 6-5-2012, eff. 6-11-2012; Ord. No. 18627, § 3, 2-7-2017)

El Paso City Code § 19.42.050 Court actions.

19.42.050 - Court actions. A. The city attorney is authorized to prosecute violations of this title in the appropriate court where jurisdiction lies for the action. B. In prosecutions for violations of this title, it shall not be necessary to allege or prove a culpable mental state, as said requirement is hereby waived. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)

El Paso City Code § 19.42.060 Civil court actions.

19.42.060 - Civil court actions. The city attorney is authorized to file and prosecute an action at law or in equity, where permitted under the laws of Texas, in a court of competent jurisdiction to enforce the provisions of this title. The initiation of one form of enforcement action by the city attorney will not preclude the city attorney from initiating any other form of enforcement action. (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.42.070 Fines and penalties.

19.42.070 - Fines and penalties. A. Violations of provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor and punished by a fine not to exceed two thousand dollars. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined in accordance the law and this Code. B. Each calendar day such violation continues shall be considered a separate offense. C. The owner or owners of any building or premises or part thereof, where anything in violation of this title shall be placed or shall exist, any architect, builder, contractor, agent, persons or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. This subsection does not apply to enforcement of a regulation in the city's extraterritorial jurisdiction. D. Civil Enforcement. Nothing herein contained shall prevent the city from taking any other lawful action necessary to prevent or remedy any violation. Appropriate actions and proceedings may be taken by the city in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building structure or premises. These remedies shall be in addition to the penalties described in this chapter. E. It is further the intent and declared purpose of this title that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time that the previous regulations were repealed and this title adopted shall be discharged or affected by such repeal, but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, and causes presently in process may be prosecuted in all respects as if such previous regulations had not been repealed. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 22, 11-10-2009)

El Paso City Code § 19.42.080 Review of prior plat approval.

19.42.080 - Review of prior plat approval. A. If an authorized official determines that there are reasonable grounds for revocation of an approved preliminary or final plat application, which plat has not been filed of record the city may initiate a review and ask for corrections to the plat or revoke the approval of a preliminary or final plat. Circumstances that warrant review of an approved application shall include the following: 1. A material mistake was made in approving the application; 2. Approval of the application was procured on the basis of material misrepresentations or fraud on the part of the applicant; 3. Development activities being undertaken on the land subject to the development permit are not in conformity with terms of the approved application; 4. The use authorized by the permit is in violation of a condition of approval of the approved application. B. All review and recommendations for changes or corrections, or actions seeking to revoke a preliminary or final plat which has not been filed of record shall be conducted at a public hearing before the city plan commission. The applicant and any interested parties shall be given notice of the hearing in the manner provided in this title, Chapter 19.38. The public hearing shall be conducted in accordance with the procedures described in this title, Chapter 19.39. C. Action where plat has been filed of record. Where an authorized official determines that there are reasonable grounds for revocation of a plat which has been filed of record, staff shall consult on the matter with legal counsel for enforcement. D. In rendering its decision whether to request revisions to or revoke the approved plat, the city plan commission shall determine whether the preliminary or final plat complies with the terms, conditions and requirements of this title. The commission may revoke the application, affirm it, or affirm it with attached conditions that assure that the terms; conditions and requirements of this title shall be met. E. Following a decision to require corrections or changes to a previously approved plat, or a decision to revoke a plat, and pending any appeal, it is unlawful to undertake or perform any activity that was previously authorized by the approved application without applying for and obtaining approval of a new application. Appeal from a decision to require corrections or changes to an approved plat, or to revoke the approved plat application shall be to the city council. (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.42.090 Exemption.

19.42.090 - Exemption. This chapter does not apply to zoning applications or building permits issued under separate ordinance or provision of this code. (Ord. 16882 § 2 (part), 2008)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT19SUDEPL_ART4SPAPPRRE_CH19.42ENPEREPEFetched: 10/28/2026