Leon Valley
TX

Ordinance
Ordinance 17-032

Discuss and Consider Possible Action on an Ordinance Amending the City of Leon Valley Code of Ordinances, Appendix A, "Fee Schedule," Article A8.000, "Building and Construction Related Fees," to Add Section A8.023, "Contractor Penalty Fee," in the amount of $300 for the 1st Offense, $500 for the 2nd Offense and $1,000 for the 3rd Offense"

Information

Department:Community DevelopmentSponsors:
Category:Amendment

Attachments

  1. Contractor Penalty Fee 06-20-17

Item Discussion

PURPOSE

 

Code Enforcement patrols the City daily and often find contractors working without a permit. The Manager and some members of Council have requested that staff research including a penalty fee for contractors that are caught working without a permit in the city limits.

 

The City of San Antonio issues an administrative citation and then the contractor goes in for a hearing and their fine structure is: 1st offense $300, 2nd offense $500, and 3rd offense $1,000. If the violation is in compliance at the time of the hearing they obtained a permit at a double-fee and then during the hearing the fine may be reduced by $50 to $100 depending on their history.

 

Presently, we charge a double-fee for anyone caught working without a permit. This can vary in cost from $200, $400, or even more depending on the type of permit. The proposed penalty is only for contractors caught working without a permit. Per City policy, the contractor is issued a citation and appears in court to demonstrate their subsequent compliance and pay courts fines and fees as determined by the Prosecutor and/or Judge.

 

The City of Balcones Heights and the City of Helotes also only charge a double-fee for persons working without permits and citations issued are determined at their hearing date in court. 

 

The Leon Valley Code of Ordinances also notes that the penalty for violating said ordinance can result in fees of no less than $25 and no more than $2,000. This is what the Prosecutor and Judge use as a range for fines associated with citations and also based on the gravity and frequency of the offense.

 

SEE LEON VALLEY

 

Social Equity - The City encourages public safety. For this reason, it is important that contractors operate with proper registration and permitting.

 

Economic Development - Not applicable.

 

Environmental Stewardship - Not applicable.

 

FISCAL IMPACT

 

The proposed Contractor Penalties are as follows: 1st offense $300, 2nd offense $500, and 3rd offense$1,000.

 

There will be revenue generated which can support Building Department functions and operations. 

 

STRATEGIC GOALS

 

This request most closely aligns with Strategic Plan Goal #2, “Safety and Security,” which strives to maintain a safe Leon Valley.

 

Safety can only be maintained if the City is able to make sure that contractors are registered with the City, have liability insurance, and are obtaining needed permits.  The penalty encourages contractors to check with the City before incurring more fees.

Document Comments

RECOMMENDATION

 

Approve the recommended Contractor Penalty Fees of $300, $500 and  $1,000 for Contractors issued citations for working without first obtaining a permit.

 

Body

AMENDING THE CITY CODE OF ORDINANCES, APPENDIX A, "FEE SCHEDULE," ARTICLE A8.000, "BUILDING AND CONSTRUCTION RELATED FEES," SECTION A8.004," CERTIFICATE OF OCCUPANCY," TO ADD "(3) CERTIFIED DUPLICATE CERTIFICATE FEE $125"

 

WHEREAS, the City Council of the City of Leon Valley (the “City”) adopted the City Code of Ordinances through Ordinance No. 13-011, passed and approved on April 2, 2013; and

 

WHEREAS, the City desires to amend Appendix A “Fee Schedule” to ensure the safety of residents and businesses by ensuring that contractors working in the City are obtaining the required permits before initiating work within the city limits; NOW THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, THAT:

 

Section 1:              The City hereby amends Appendix A “Fee Schedule”; Article A.8000," Building and Construction Related Fees," to Add Sec. A8.023, "Contractor Penalty Fee,"  to read as follows:

 

              Penalty Fee (working without a permit):             

                           

                            1) 1st Offense $300.00.

                            2) 2nd Offense $500.00.

                            3) 3rd Offense $1,000.00.

             

Section 2:              All ordinances and resolutions and parts or ordinances and resolutions in conflict with this ordinance are hereby repealed to the extent of the conflict.

 

Section 3.              This Ordinance shall be effective immediately upon passage by four (4) or more affirmative votes; otherwise, it shall be effective on the tenth (10th) day after passage.

 

 

 

Meeting History

Jun 20, 2017 6:00 PM  City Council Regular Meeting
draft Draft

Community Development Director Kristie Flores informed the City Council that Code Enforcement patrols the City daily and often finds contractors working without a permit.

The City of Leon Valley currently charges a double-fee for anyone caught working without a permit. This can vary in cost from $200, $400, or even more depending on the type of permit. The proposed penalty is only for contractors caught working without a permit. Per City policy, the contractor is issued a citation and appears in court to demonstrate their subsequent compliance and pay courts fines and fees as determined by the Prosecutor and/or Judge. The Leon Valley Code of Ordinances also notes that the penalty for violating said ordinance can result in fees of no less than $25 and no more than $2,000. This is what the Prosecutor and Judge use as a range for fines associated with citations and also based on the gravity and frequency of the offense.

Community Development Director Flores concluded the presentation saying the proposed Contractor Penalties are as follows: 1st offense $300, 2nd offense $500, and 3rd offense$1,000. There will be revenue generated which can support Building Department functions and operations.

A motion was made by Council Member Benny Martinez and seconded by Council Member Monica Alcocer to adopt as presented.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Benny Martinez, Mayor Pro Tem
SECONDER:Monica Alcocer, Council Place 3
AYES:David Jordan, Belinda Ealy, Monica Alcocer, Benny Martinez

Discussion