§ 126-5. Enforcement; penalties.

(a)

No map or plat of any subdivision or resubdivision within the city or its extraterritorial jurisdiction shall be filed or recorded unless and until the map or plat has been authorized by the commission.

(b)

It shall be unlawful for any owner or agent of any owner of land to lay out, subdivide, plat or replat any land into lots, blocks and streets within the city or its extraterritorial jurisdiction without the approval of the commission.

(c)

It shall be unlawful for any owner or agent of any owner of land to offer for sale or sell property within the city or its extraterritorial jurisdiction which has not been laid out, subdivided, platted or replatted as required by this chapter.

(d)

The city shall withhold all utilities and maintenance of required improvements for all developments located inside the city limits and not approved by the commission. Additionally, other utility companies (gas, power, telephone, water, sewer and cable) shall withhold all connections for developments within the city's extraterritorial jurisdiction until they are provided with a certification authorizing connections by the city planning and community development department, as required in V.T.C.A., Local Government Code § 212.012.

(e)

No street number and no building permit shall be issued for the erection of any building in the city on any piece of property other than an original or a resubdivided lot in a duly approved and recorded subdivision without the written approval of the commission.

(f)

If any section of this chapter is violated within the city or its extraterritorial jurisdiction, the city may institute any appropriate action or proceedings in the district court to enjoin the violation of this chapter.

(g)

It shall be unlawful for any person to construct any improvement, other than public improvements such as streets, utilities and drainage structures, in any development that has not had its final plat approved by the commission and filed with the county clerk. It is an exception to the application of this subsection if:

(1)

Within a phased development containing public improvements that have not yet been finally accepted, a developer constructs no more than four model homes, provided that:

a.

All off-site drainage or regional improvements have been installed, inspected and accepted by the city;

b.

Each model home is inspected and found to meet all building, plumbing and fire code requirements prior to being opened to observation by the public; and

c.

The home will not be sold or occupied as a dwelling unit until all public improvements within that phase have been completed and accepted by the city; or

(2)

No extension of a street, public utility, or other public improvement, excluding a sidewalk, is required to support the proposed development of:

a.

Property subdivided prior to July 13, 1978;

b.

An accessory building is built on the same lot as a single-family dwelling; provided no additional drainage improvement is required by this Code to support such accessory building; or

c.

An addition or alteration to a single family dwelling existing on January 22, 2012; provided no additional drainage improvement is required by this Code to support such addition or alteration.

(h)

Any person who shall violate this chapter shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 27-4; Ord. No. 3655, § 3, 7-28-83; Ord. No. 5004, § 1, 5-12-88; Ord. No. 11,822, § 2, 1-12-12)