86-02 O - Adoption of Certificates of Occupancy ORDINANCE NO. 86-2
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF OCCUPANCY;
PROVIDING FOR A FEE TO BE CHARGED FOR CERTIFICATES OF OCCUPANCY;
PROHIBITING THE OCCUPATION OF ANY STRUCTURE WITHOUT A CERTIFICATE
OF OCCUPANCY; PROVIDING FOR A PENALTY AND PROVIDING FOR THE
PUBLICATION AND AN EFFECTIVE DATE THEREOF.
WHEREAS, complaince with all building codes, zoning ordinances
and other ordinances of the City of Prosper, Texas, is necessary
for the proper health, safety and welfare; and
WHEREAS, the issuance of a certificate of occupancy provides
an opportunity for assurance that all such ordinances have been
complied with.
IT IS THEREFORE ORDIANED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS:
SECTION 1 . The City Secretary shall be, and is hereby, authorized
to prepare and issue, ipon application, a certificate of occupancy
in such form as may be approved by the Mayor and the appropriate
officers of the City. The application for such certificates shall
be in a form also approved by the Mayor and the appropriate officers
of the City and shall contain the name of the applicant, the name of
the owner of the property in question, the use of the property,and
any other information deemed necessary of appropriate from time to
time. Upon receipt of a completed application and the fee herein-
after prescribed, the City Secretary shall issue such certificate
provided, however, that within ten (10) days after the issuance
of such certificate, upon written notice by any officer of the City
of Prosper, Texas, said certificate of occupancy shall be revoked
and shall be of no force and effect. Any officer of the City of
prosper, Texas shall be authorized to sign and deliver such notice
if any statement in the said application shall prove to be false or
if the application reveals the violation of any ordinance of the
City of Prosper, Texas, or statute of the State of Texas, or if, upon
inspection, it should appear to such officer that the property or its
411. use is in violation of any ordinance of the City of Prosper of any
statute of the State of Texas . Within ten (10) days after the receipt
of such notice, the applicant may, in writing, request a hearing
before the City Council , which hearing shall be held not later than
five (5) business days after the date of the request and after not
less than 72 hours notice of such hearing has been posted. At the
hearing, City Council shall have the right to modify, amend, withdraw
or uphold the above-specified notice.
SECTION 2. An application fee of $10 . 00 shall be charged and shall be
collected by the City Secretary prior to the issuance of any
certificate of occupancy.
SECTION 3 . From and after the effective date of this ordinance, no
person shall use or occupy any building, house, barn, shed, manufactured
housing, trialer, mobile home, or any other structure of any nature
whatsoever for any other purpose unless a certificate of occupancy
has been issued by the City Secretary in accordance with the terms of
this ordinance and said certificate shall not have been revoked as herein
provided. This ordinance shall not prohibit any such use or occupancy
which exist upon the effective date hereof or as to which any person
shall have acquired any vested right on such date.
For the purpose of this ordinance, a change in ownership shall
not constitute a change in use. As used in this ordinance, the
term "use" refers to the zoning classification within which the
property in question falls, and a change from one lawful use
within a particular zoning district to another lawful use in such
district shall not constitute a change in use unless doing so
requires the issuance of a building permit.
SECTION 4. Any violation of the immediately preceding section
shall be a misdomeaner and upon conviction thereof shall be
punsihed by a fine not to exceed $200 . 00 . In the event that any
violation of said section is a continuing violation, each day
such violation occurs shall be considered a seperate violation
for the purpose of determining a penalty therefor.
SECTION 5. The City SEcretary shall be, and she is hereby, directed
to cause the title of this ordinance to be published in accordance
with the statute and this ordinance shall be and become effective
immediately upon such publication.
DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS
ON THIS THE 14th DAY OF JANUARY, 1986 .
MAYOR JOHN COCKRELL
ATTESTED:
c CiTY SECRETAR LINDA GRUMBLES