Hawk Cove:Title 1

TITLE 1 – GENERAL PROVISIONS

NOTE: This is part of a codification project of Hawk Cove city ordinances to be presented to the Hawk Cove City Council for adoption. This is a work product that has not yet been adopted.

CHAPTER 1.01 – GENERAL PROVISIONS

§ 1.01.001 – Code Title

The ordinances of the City of Hawk Cove, Texas, shall be known collectively as the "Code of Ordinances of the City of Hawk Cove, Texas."

(Ord. 06-103 , Feb 10, 2011)

§ 1.01.002 – Applicability

This Code applies to all persons, property, and activities within the city limits unless otherwise provided by law.

(Ord. 99-7 , Aug 31, 1999)

§ 1.01.003 – Construction of Code

(a) Words and phrases shall be given their common and ordinary meaning unless otherwise defined by this Code or by applicable law.

(b) The word "shall" is mandatory and the word "may" is permissive.

(Ord. 99-7 , Aug 31, 1999)

§ 1.01.004 – Severability

(a) If any section, subsection, sentence, clause, phrase, or provision of this Code is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code.

(b) The City Council declares that it would have adopted this Code and each provision thereof irrespective of the fact that any one or more provisions may be declared invalid.

(Ord. 99-7 , Aug 31, 1999; Ord. 100-11 , Sep 4, 2012)

§ 1.01.005 – Effect of Code on Existing Rights and Liabilities

The adoption of this Code shall not affect:

(a) Any offense committed prior to adoption of this Code;

(b) Any penalty, forfeiture, or punishment incurred prior to adoption of this Code;

(c) Any suit, prosecution, or proceeding pending at the time of adoption of this Code;

(d) Any franchise, contract, permit, license, easement, right, or obligation existing prior to adoption of this Code.

(Derived from Ord. 99-7)

CHAPTER 1.02 – DEFINITIONS

§ 1.02.001 – General Definitions

Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings assigned:

(a) City means the City of Hawk Cove, Texas.

(b) City Council means the governing body of the City of Hawk Cove, Texas.

(c) Person means an individual, corporation, partnership, association, organization, trust, estate, governmental entity, or any other legal entity.

(d) Property means real property, personal property, or any interest therein.

(e) Owner means a person having legal title to property.

(f) Occupant means a person residing in, using, possessing, or controlling property.

(Ord. 99-7 , Aug 31, 1999)

§ 1.02.002 – Rules of Construction

(a) Words in the present tense include the future tense.

(b) Words in the singular include the plural and words in the plural include the singular.

(c) Words of one gender include all genders.

(d) References to statutes include amendments and successor provisions.

(e) Headings and captions are for convenience only and do not affect interpretation.

(Ord. 99-7)

CHAPTER 1.03 – FORM OF GOVERNMENT

§ 1.03.001 – Type A General Law Municipality

(a) The City of Hawk Cove is a Type A General Law Municipality operating under the laws of the State of Texas.

(b) Municipal powers shall be exercised in accordance with the Texas Constitution and applicable state law.

(Ord. 100-5 , Apr 13, 2000)

§ 1.03.002 – Continuity of Office

Elected and appointed officers shall continue to serve until their successors are duly elected or appointed and qualified as provided by law.

(Ord. 100-5 , Apr 13, 2000)

CHAPTER 1.04 – RECORDS MANAGEMENT

§ 1.04.001 – Records Management Program Established

The City establishes a records management program in accordance with applicable Texas law.

(Ord. 06-103 , Feb 10, 2011)

§ 1.04.002 – Definition of Records

Records include all recorded information, regardless of medium or format, created or received in the transaction of public business.

(Ord. 06-103 , Feb 10, 2011)

§ 1.04.003 – Public Property

All municipal records are public property and shall not be removed, destroyed, altered, transferred, or otherwise disposed of except as authorized by law.

(Ord. 06-103 , Feb 10, 2011)

CHAPTER 1.05 – ADMINISTRATIVE FEES

§ 1.05.001 – Authority to Establish Fees

The City Council may establish and amend fees, charges, deposits, assessments, permit fees, inspection fees, service fees, and other municipal charges as authorized by law.

(Ord. 100-11, Sept. 4, 2012)

§ 1.05.002 – Fee Schedule Adopted by Reference

(a) The official fee schedule adopted by the City Council, as amended from time to time, is incorporated into this Code by reference as though fully set forth herein.

(b) The City Secretary shall maintain the current fee schedule for public inspection during regular business hours.

(Ord. 100-11, Sept. 4, 2012; Fee Schedule Rev. 7, Mar. 21, 2023)

§ 1.05.003 – Permit Expiration

(a) Unless otherwise provided by ordinance, a permit expires 60 days after issuance if authorized work has not commenced.

(b) Unless otherwise provided by ordinance, a permit expires six months after commencement of work.

(Ord. 100-11, Sept. 4, 2012)

§ 1.05.004 – Collection of Fees

All fees, charges, deposits, assessments, and costs established by ordinance, resolution, contract, or adopted fee schedule shall be due and payable as required by the City.

Failure to pay any required fee may result in denial, suspension, revocation, or withholding of permits, licenses, inspections, utility services, certificates, approvals, or other municipal services as authorized by law.

(Ord. 100-11, Sept. 4, 2012)

CHAPTER 1.06 – GENERAL PENALTY

§ 1.06.001 – General Penalty

(a) Except where another penalty is expressly provided, a person violating any provision of this Code commits a misdemeanor offense.

(b) Upon conviction, an offender may be punished by:

(1) A fine not exceeding $500.00;

(2) fine not exceeding $2,000.00 for violations relating to fire safety, zoning, public health, or sanitation where authorized by state law; or

(3) Such other penalty as may be authorized by state law for the specific offense.

(c) Traffic offenses shall be punished as provided by applicable state law.

(Ord. 99-7 , Aug 31, 1999)

§ 1.06.002 – Continuing Violations

(a) Each day a violation exists or continues constitutes a separate offense.

(b) The assessment of a penalty shall not prevent the City from pursuing any other remedy authorized by law.

(Ord. 99-7 , Aug 31, 1999)

CHAPTER 1.07 – ENFORCEMENT AND REMEDIES

§ 1.07.001 – Cumulative Remedies

The remedies provided by this Code are cumulative.

The City may pursue any remedy authorized by law including:

(a) Criminal prosecution;

(b) Civil enforcement;

(c) Injunctive relief;

(d) Administrative enforcement;

(e) Abatement of nuisances;

(f) Assessment of costs;

(g) Placement of liens; and

(h) Any other remedy authorized by state law.

(Derived from multiple ordinances)