§ 20.4. Legal Remedies

20.4.1

City Attorney's Enforcement Authority .

On behalf of the City, the City Attorney shall, upon approval of the Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this Article, for the standards referred to in this Article with respect to any violation thereof which occurs within the City or within the extraterritorial jurisdiction of the City as such jurisdiction is determined under state law, or within any area subject to all or a part of the provisions of the UDC, in accordance with Article 1 Section 1.11 of this UDC.

20.4.2

Vested Rights Petition .

A.

Interpretation, Conflict, Separability and Vested Rights

For purposes of determining a vested rights petition, no vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.

1.

Interpretation . In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

2.

Conflict with other laws . These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provisions of these regulations imposes restrictions different from those imposed by any other provision of these regulations, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

3.

Determination of vested rights . Vested rights shall be determined through the filing and processing of a Vested Rights Petition.

B.

Vested Rights Petition

1.

A qualified party shall be required to file a vested rights petition to determine whether one or more standards of these subdivision and property development regulations should not be applied to a preliminary or final plat application by operation of state law, or whether certain plats are subject to expiration.

2.

Applicability . A vested rights petition may be filed with an application for a preliminary or final plat application. A vested rights petition also may be filed to prevent expiration of certain plats pursuant to this chapter.

3.

Effect . Upon granting of a vested rights petition in whole or in part, the plat application shall be decided in accordance with the standards specified in the relief order based on prior subdivision requirements or development standards, or the approved plat otherwise subject to expiration shall be extended.

C.

Petition Requirements

1.

A vested rights petition may be filed by a property owner or the owner's authorized agents, including the applicant, with a Preliminary or Final plat application, or by the holder of a plat subject to expiration pursuant to this Article.

2.

Form of petition . The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the plat application under Texas Local Government Code, chapter 245 or successor statute, or pursuant to Texas Local Government Code, section 43.002 or successor statute, that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

(a)

A narrative description of the grounds for the petition;

(b)

A copy of each approved or pending development application which is the basis for the contention that the City may not apply current standards to the plat application which is the subject of the petition;

(c)

The date of submittal of the plat application, or of a development plan pursuant to which the plat was subsequently filed, if different from the official filing date established under this section;

(d)

The plat application date;

(e)

Identification of all applicable standards to the plat application from which relief is sought;

(f)

Identification of the standards which a petitioner contends applies to the plat application;

(g)

Identification of any current standards which petitioner agrees can be applied to the plat application at issue;

(h)

A copy of any prior vested rights determination by the City involving the same land; and

(i)

Where the petitioner alleges that a plat subject to expiration under this Article should not be terminated, a description of the events, including any plat or other development applications on file that should prevent such termination.

3.

Time for filing petition . A vested rights petition shall be filed with a plat application for which a vested right is claimed, except that the petition may be filed before the date of expiration of a plat subject to expiration as provided herein.

D.

Processing of Petition and Decision

1.

Responsible official . The responsible official shall process the vested rights petition. A copy of the petition shall be forwarded to the City Attorney following acceptance.

2.

Decision by Commission and Council . On petition, the Planning and Zoning Commission and City Council shall render a decision on the vested rights petition in conjunction with its decision on the plat application, based upon the report and recommendation of the responsible official.

3.

Appeal of decision on petition . The petitioner or any interested person may appeal the Commission's decision on the vested rights petition within ten (10) working days of the date of such decision to the City Council. An appeal under this subsection stays acceptance of filing of any related development applications.

4.

Decision by City Council . The City Council on appeal shall decide the vested rights petition. The request must be accompanied by a waiver of the time for decision on the plat application imposed under these subdivision and property development regulations pending decision by the Council, which shall stay further proceedings on the application. The Council shall decide the petition, after considering the responsible official's report and the decision by the Planning and Zoning commission within thirty (30) calendar days of receipt of the notice of appeal.

E.

Action on Petition and Order

1.

Action on the petition . The decision-maker on the vested rights petition may take any of the following actions:

(a)

Deny the relief requested in the petition, and direct that the plat application shall be reviewed and decided under currently applicable standards;

(b)

Grant the relief requested in the petition, and direct that the plat application shall be reviewed and decided in accordance with the standards contained in identified prior subdivision and property development regulations; or

(c)

Grant the relief requested in part, and direct that certain identified current standards shall be applied to the plat application, while standards contained in identified prior subdivision and property development regulations also shall be applied; or

(d)

For petitions filed pursuant to this chapter, determine whether the approved plat should be terminated, or specify the expiration date or the conditions of expiration for such plat.

2.

Order on petition . The responsible official's report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

(a)

The nature of the relief granted, if any;

(b)

The approved or filed plat application(s) or other development application(s) upon which relief is premised under the petition;

(c)

Current standards which shall apply to the plat application for which relief is sought;

(d)

Prior standards which shall apply to the plat application for which relief is sought, including any procedural standards;

(e)

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition;

(f)

For petitions filed pursuant to this chapter, determine whether the approved plat should be terminated, and specify the expiration date or the conditions of expiration for the plat.

F.

Criteria for Approval

The decision-maker shall decide the vested rights petition based upon the following factors:

1.

The nature and extent of prior plat or other development applications filed or approved for the land subject to the petition;

2.

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

3.

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

4.

Whether any statutory exception applies to the standards in the current subdivision and property development regulations from which the applicant seeks relief;

5.

Whether any prior approved plat or other development applications relied upon by the petitioner has expired;

6.

For petitions filed pursuant to this chapter, whether any of the events preventing expiration have occurred.

G.

Application Following Relief Order

Following the City's final decision on the vested rights petition, the property owner shall conform the plat application for which relief is sought to such decision. If the plat application on file is consistent with the relief granted on the vested rights petition, no revisions are necessary. Where proceedings have been stayed on the plat application pending referral of the vested rights petition to the City Council, proceedings on the application shall resume after the City Council's decision on the vested rights petition.

H.

Expiration

Relief granted on a vested rights petition shall expire on occurrence of one of the following events:

1.

The petitioner or property owner fails to submit a required revised plat application consistent with the relief granted within thirty (30) days of the final decision on the petition;

2.

The plat application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or

3.

The plat application for which relief was granted on the vested rights petition expires.