The text
Footnotes:
--- (1) --- Editor's note— Ord. No. 98-5, § 1, adopted Aug. 25, 1998, repealed former Ch. 34, § 34-1, in its entirety which pertained to similar subject matter and derived from the Code of 1979, ch. 1, § 19; Ord. No. 92-2, ch.1, § 19, 7-14-92.
Cross reference— Administration, ch. 2; traffic and vehicles, ch. 106; zoning, ch. 118.
State Law reference— Burial of the dead, V.T.C.A., Health and Safety Code § 694.003; local regulation of cemeteries, V.T.C.A., Health and Safety Code ch. 713.
Article II. - Burnet, Old Burnet, International Order of Oddfellows (IOFF), and Post Mountain Cemeteries#
ARTICLE I. - IN GENERAL#
Sec. 34-1. - Sale of lots; deeds and conditions.#
The price of and charge (see appendix B of this section) for lots in the cemeteries shall be fixed by the city council from time to time and such price and charge for lots shall be filed with the city secretary. Any person paying for such lots shall receive from the city staff a certificate, which shall be in the form of a deed, conveying the lot to the person purchasing such lot. Such deed shall be executed by the mayor or other authorized officer of the city, and attested by the city secretary. The application for purchase and the deed for a burial lot shall forbid the use of the lot for any purpose other than the burial of human remains, and the purchaser shall agree in such application to observe the restriction, and shall agree that the planting and decorating of the lot, and of the whole cemetery, the placing of monuments, markers, vaults and of any other such structure or object above the surface of the ground shall be subject to the general supervision of the city and its officers and employees appointed for that purpose; and that the purchaser's rights shall be subject to such reasonable rules and regulations as the city may adopt from time to time relative to the use of the cemetery.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Editor's note— It should be noted that appendix B is not set out at length herein but is on file and available for inspection in the office of the city secretary.
Sec. 34-2. - Acknowledgment.#
Every person, firm or entity that purchases a lot or plot of ground within the cemeteries shall acknowledge in writing and file with the city a copy of the purchase application. Such person, firm or entity shall further acknowledge that the use of such lot or plot shall further be subject to the rules, regulations and procedures adopted thereafter by the city council. Such acknowledgment shall be in the following form, as amended from time to time:
ACKNOWLEDGEMENT I acknowledge that I have received a copy of the Code of Ordinances, as amended from time to time, of the City of Burnet regarding cemeteries. I further acknowledge that: (1)
the purpose of receiving a copy of the Ordinance is to provide information regarding regulations for the cemeteries;
(2)
that I will abide by these regulations to the best of my abilities; and
(3)
that, if I transfer the lot or plot, I will incorporate the terms and provisions of the above referenced Code of Ordinances into the transfer instrument by reference.
(Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Secs. 34-3—34-34. - Reserved.#
ARTICLE II. - BURNET, OLD BURNET, INTERNATIONAL ORDER OF ODDFELLOWS (IOFF), AND POST MOUNTAIN CEMETERIES#
DIVISION 1. - GENERAL PROVISIONS#
Sec. 34-35. - Issuance and recording of deeds.#
A deed to a lot shall be issued by the city to any person who submits a completed application for a burial plot and makes advancement of such funds or money as provided for in this article. Such deed holder shall be required to submit a completed application and pay the city the charge for the lot and the costs of recording such deed in the county deed records. Funds from the sale of burial plots shall be deposited in a special cemetery fund to be used solely and exclusively for maintenance, upgrades and expansion of the cemetery. Such grantor shall have the right to transfer such deed by the same means as the sale and transfer of real estate in this state. Such deeds shall be filed with the County Clerk of Burnet County for filing and recording in the real property records of the county. The terms and provisions of this chapter shall be incorporated into all such deeds by reference. A provision is hereby made on behalf of the city to furnish after a request with adequate verification of ownership from public records, some form of certificate, whether a quit-claim deed or otherwise, to those parties who have previously purchased plots or lots in cemeteries now owned by the city.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Sec. 34-36. - Grave site beautification.#
None of the rights, powers and duties in this article shall deprive any person having an interest in a grave, grave site or burial lot, or related within the third degree by affinity or consanguinity to those there interred, from beautifying or caring for the same individually or at his/her own expense, under such reasonable rules and regulations as the city may provide. Any person that provides any beautification to a grave site or plot shall be responsible for the disposal of shrubs, bushes, weeds, trees, tree limbs, decorations or any other objects removed from the site. If beautification is such that it includes landscape improvements of any kind, concrete work, fencing, or structure change, a permit will be required and no alteration or change shall be made for landscape improvements of any kind, concrete work, fencing, or structure change within the cemeteries without first securing from the city a permit, therefore, nor shall any change be made after inspection without notifying the city and securing a permit.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Secs. 34-37—34-60. - Reserved.#
DIVISION 2. - RULES#
Sec. 34-61. - Purpose and applicability.#
For the mutual benefit and protection of each and every plot purchaser in cemeteries operated by the city, the rules and regulations in this division are hereby adopted, approved and enacted by the city council. These rules and regulations, as may from time to time be amended, together with such other rules and regulations as may hereafter be enacted, shall be applicable to all plot owners, visitors, tradesmen, contractors, employees, and agents of the same. Reference to these rules and regulations in any letter, memorandum, contract, deed, certificate of ownership or other instrument shall have the same force and effect as if this chapter, as amended, were fully set forth therein.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-62. - Rule 1. Opening new graves.#
New graves in the city cemeteries shall only be opened once the required permit has been obtained.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Sec. 34-63. - Rule 2. Monuments, markers, foundations and correction of errors.#
(a)
All foundations for monuments and other permitted structures shall be of sufficient depth and stability to support the same and shall be subject to the approval of the city.
(b)
The city reserves the authority, and shall have the right, to correct an error in the location or placement of a memorial or marker in the cemeteries.
(c)
A city permit for the placing of monument and/or curbs shall be required as provided in section 34-70.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-64. - Reserved.#
Sec. 34-65. - Rule 3. General supervision.#
(a)
Ownership. The city, as owner and operator of the cemeteries within the city, retains supervision, control and management of the land, buildings, improvements, roads, walks, utilities, books and records relating to the cemeteries, together with the authority to enforce all rules and regulations governing the same as provided by the ordinances of the city and the laws of the state.
(b)
Control of work. All grading, landscaping work and improvements of any kind: care of cemetery grounds, planting, trimming, cutting and removing of trees and vegetation; and opening and closing of graves, disinterment and removal shall be made and done exclusively by the city or under the direction and supervision of the city.
(c)
Replat. The right to enlarge, reduce, replat or change the boundaries or grade of the cemeteries, including the right to change the location regarding all roads, drives, walks, parkways, gardens or any part thereof, is expressly reserved by the city.
(d)
Drainage. The exclusive right to lay, maintain, operate, alter or change pipelines, gutters, sprinkling systems, drainage lakes and other drainage and water facilities is expressly reserved by the city.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Sec. 34-66. - Rule 4. Property rights of plot owners.#
(a)
Interment rights. Interment rights of owners shall be as follows:
(1)
A plot in which the exclusive right of sepulture is conveyed is presumed to be the separate property of the person named as grantee in the instrument of conveyance.
(2)
The spouse of a person to whom the exclusive right of sepulture in a plot is conveyed has a vested right of interment of the spouse's remains in the plot while the spouse is married to the plot owner or if the spouse is married to the plot owner at the time of the owner's death.
(3)
An attempted conveyance or other action by a spouse who is not the named "grantee" or owner, without the joinder or written, attached consent of the spouse who is the owner does not divest the spouse of the vested right of interment.
(4)
The vested right of interment is terminated:
a.
On the final decree of divorce between the plot owner and the owner's spouse unless the decree provides otherwise: or
b.
When the remains of the person having the vested right are interred elsewhere.
(5)
Unless a plot owner who has the exclusive right of sepulture in a plot and who is interred in that plot has made a specific disposition of the plot by express reference to the plot in the owner's will or by written declaration filed with the city:
a.
A grave, niche or crypt in the plot shall be reserved for the surviving spouse, if any, of the plot owner; and
b.
The owner's children, in order of need, may be interred in any remaining graves, niches or crypts of the plot without the consent of a person claiming an interest in the plot.
(6)
The surviving spouse or a child of an interred plot owner may each by written instrument individually waive his right of interment in the plot in favor of a relative of the owner or relative of the owner's spouse. The person in whose favor the written waiver is made may be interred in the plot.
(7)
The exclusive right of sepulture in an unused grave, niche or crypt of a plot in which the plot owner has been interred may be conveyed only by:
a.
The surviving spouse, if any, and children of the owner; or
b.
The surviving spouse, if any, and the heirs-at-law of the owner, if there is no surviving spouse of the owner.
(8)
Unless a deceased plot owner who has the exclusive right of sepulture in a plot and who is not interred in the plot has made specific disposition of the plot by express reference to the plot in a will or by written declaration filed with the city, the exclusive right of sepulture in the plot, except the one grave, niche or crypt reserved for the surviving spouse, vests on the death of the owner in the owner's heirs-at-law and may be conveyed by them.
(b)
Multiple owners. Two or more owners of a plot may designate a person to represent the plot and file with the city written notice of the designation. If such notice is not filed, the city may permit interment in the plot at the request or direction of a registered co-owner of the plot.
(c)
Official records. The official record of plot owners shall be maintained by the city at its designated office, and each plot owner shall be registered by name and current address. Such registration shall be the final governing record in determining plot ownership.
(d)
Change of address. It shall be the duty of each and every plot owner to keep the city fully informed of his current mailing address. All notice required by these rules and regulations shall be deemed sufficient if sent to the most recent mailing address in the city records.
(e)
Right of ingress and egress. The city reserves to itself and to lawful invitees, a perpetual right of ingress and egress over plots for the passage to and from other plots, and the care and maintenance of the cemetery.
(f)
Subdivision. Individuals may not subdivide a plot without the consent of the city and the burial of the remains of any person not having an interest in the burial site shall be prohibited without the written approval of the city and the written consent of all interested parties according to the records of the city.
(g)
No right granted in alleyways. No easement or right of interment is granted to any plot owner in any road, drive, or alley within the cemeteries, but such easement or right-of-way, when dedicated to public use, may be used for access to the grounds and buildings of the cemeteries.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-67. - Rule 5. Transfer of ownership.#
(a)
Method of transfer. The transfer of ownership or title of any interest in a plot shall be made only on forms provided or approved by the city.
(b)
Consent and approval. No transfer or assignment of right, title or interest in and to a burial plot shall be effective without the written consent of the city, endorsed upon the instrument of transfer or assignment and recorded in the records of the city.
(c)
Time of recognition. A deed or other instrument of transfer or assignment must be delivered to the grantee, assignee or third person by the grantor and placed on record by the city during the lifetime of the grantor or assignor.
(d)
Indebtedness. The city may at its option refuse to consent to a transfer or assignment of any lot, plot or burial space if there is outstanding indebtedness for the purchase thereof due to the city by the grantor or assignor.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-68. - Rule 6. Interment.#
(a)
Subject to applicable laws and permit requirements. In addition to being subject to the rules and regulations in this division, all interments, disinterments and removals of remains are subject to the laws of the county and the state. A city permit shall be required prior to interment and disinterment.
(b)
Notice. The city shall require a minimum of 24 hours notice prior to interment.
(c)
Telephone request. The city shall not be liable for any order given by telephone or for any error resulting from the lack of precise and proper instructions regarding the particular space, size and location in a plot where interment is desired.
(d)
Correction of errors. The city shall have the right to correct errors in interment, disinterment, removal or in the description, transfer or conveyance of interment property, either by cancellation and conveyance of interment property of equal value and location selected by the city, or in the sole discretion of the city, by refunding all sums paid on account of the purchase. If an error involves the interment of remains, the city shall have the right to remove such remains to such other site of equal value (as established by the city) and similar location as may be practicable and shall convey ownership to the new site. The city shall also have the right to correct any error in description, including the name or date on a memorial or container for cremated remains.
(e)
Delay due to protest. The city shall not be liable for any delay in interment when a protest to interment had been made or when the rules and regulations of the city have not been met; further, the city reserves the right under such circumstance, to place the body in a receiving vault until the controversy is resolved or the rules and regulations met. The city shall have no duty to recognize any protest of interment unless filed with the city in writing or upon order of a court of competent jurisdiction.
(f)
Identification. The city shall not be liable for information on the interment permit, nor the identity of the person for whom interment is sought.
(g)
No interment unless purchase price of grave site is paid in full. No interment shall be permitted or memorial placed in or on any grave site unless the purchase price has been paid in full, except by special consent of the city in writing.
(h)
Additional remains in grave site. Not more than one body shall be interred in a single grave site, without the approval of the city manager, and only two bodies maximum in a single site may be interred, provided that if the body or remains have been wholly cremated there may be allowed one cremated remains to one body in a grave site or two cremated remains to one grave site.
(i)
Underground vaults. All vaults shall be placed below the surface of the ground at a sufficient depth to permit dirt and sod coverage. Exposed vaults are prohibited.
(j)
Fees and charges. The city reserves the right to fix the fees and charges for its services from time to time.
(k)
Ceasing work during funeral service or interment. While a funeral service or interment is being conducted, all work of any description shall cease within 500 feet of where such service or interment is being conducted.
(l)
Consent required for opening of caskets. A casket containing human remains shall not be opened within the confines of the cemetery by a funeral director, his agent or employee without the consent of a legal representative of the deceased or by order of a court of competent jurisdiction.
(m)
No interment of animals. No animals shall be allowed to be interred in any cemetery that is owned, operated or under the direction of the city.
(n)
Indigent burials. The burial of indigents must be approved by the city manager.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Sec. 34-69. - Rule 7. Disinterments and removals.#
(a)
To more desirable plot. A body may be removed from its original plot to a larger or more desirable plot when there has been an exchange or purchase for that purpose and proper consent is obtained.
(b)
Removal for profit. Removal of remains for the purpose of resale of the plot for profit, or removal contrary to the expressed or implied desire of the decedent, is repugnant to the ordinary sense of decency and is forbidden.
(c)
Removal for autopsy. Remains may be removed for autopsy only upon written consent as prescribed in subsection (e) of this section or by order of a court of competent jurisdiction.
(d)
Consent. Remains interred in a cemetery may be removed from the cemetery with the written consent of the city and the written consent, in the form of an affidavit, of the following in the priority listed:
(1)
The decedent's surviving spouse;
(2)
Any one of the decedent's surviving adult children;
(3)
Either one of the decedent's surviving parents;
(4)
Any one of the decedent's adult sibling; or
(5)
Any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
(e)
Status of consent givers. A person listed in subsection (d) of this section may consent to the removal only if there is no person in a priority listed before such person.
(f)
Consent of court. If the consent required by subsection (e) of this section cannot be obtained, the remains may be removed by consent of the district court of the county in which the cemetery is located. Before the date of application to the court for consent to remove remains under this rule, written notice shall be given by the applicant to:
(1)
The city;
(2)
Each person whose consent is required for removal of the remains; and
(3)
Any other person that the court requires to be served.
(g)
Notice. For the purposes of subsection (g) of this section, personal notice must be given not later that the 11th day before the date of the application to the court for permission to remove the remains, or a notice by mail must be given not later than the 16th day before the date of the application.
(h)
Application of subsections (e) through (h) of this section. Subsections (e) through (h) of this section do not apply to the removal of remains.
(1)
From one plot to another plot in the cemeteries owned and controlled by the city;
(2)
By the city from a plot for which the purchase price is past due and unpaid, to another suitable plot; or
(3)
On the order of a court or person who conducts inquests.
(i)
Removal requires order of health department or county court; record of order. Remains may not be removed from a cemetery except on the written order of the health department having jurisdiction of the cemetery or the county court. The city shall keep a duplicate copy of the order as part of its records.
(j)
Record of removal to be kept by remover. A person who removes the remains from a cemetery shall keep a record of the removal that includes:
(1)
The date the remains are removed;
(2)
The name and age at death of the decedent if those facts can be reasonably obtained;
(3)
The place to which the remains are removed; and
(4)
The cemetery and plot from which the remains are removed.
(k)
Disposition of remains not reinterred; record. If the remains are not reinterred, the person who removes the remains shall make and keep a record of the disposition of the remains.
(l)
Copies of records required by subsection (k) and (l) of this section to be forwarded to city. A person who removes remains from a cemetery shall give the city a copy of the record required by subsections (k) and (l) of this section, and the city shall keep the copy as a part of its record.
(m)
Supervision of removals. The city shall supervise the removal of remains from the cemeteries.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Sec. 34-70. - Rule 8. Supervision and control by city.#
(a)
Scope of supervision. The city through its duly authorized representatives and employees shall be in charge of the premises, employees, work, development, care and maintenance, and all such shall be subject to the orders, direction and instruction of the city.
(b)
Enforcement. The city is hereby empowered to enforce all rules and regulations and to exclude from the cemetery property any violator. The city shall have charge and supervision of the grounds, buildings, persons on cemetery property, funerals, traffic, employees, plot owners and invitees, except for Post Mountain Cemetery which is and shall be under the jurisdiction of the county sheriff's department.
(c)
Authority to stop work. The city is vested with full authority to stop all work of any nature whenever it is deemed that proper preparation has not been made, or tools or machinery are insufficient, improper or defective, that the work in progress is a threat to life or property, when a reasonable request of the city is disregarded; when work is not according to specifications, or when rules and regulations are being violated.
(d)
Permits required. The city shall require a proper permit or court order before interment or disinterment. A permit issued by the city shall be required for interment, disinterment, placing a monument or installing any curb or foundation. All such city permits shall be issued by the city building department, and any work, additions or improvements will be subject to inspection. The fee for all such permits shall be established from time to time by the city council (See appendix B).
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)
Editor's note— It should be noted that appendix B is not set out at length herein but is on file and available for inspection in the office of the city secretary.
Sec. 34-71. - Rule 9. Decorations.#
The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, vases, glass, wood or iron cases, wooden or plastic crosses, and similar articles upon any walk, easement or road is prohibited, and if so placed may be removed by the city.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-72. - Rule 10. Care and maintenance.#
(a)
Plots. The term "care and maintenance" as used in this section with reference to lots, plots and burial places within the cemeteries, shall mean:
(1)
Cutting of grass at reasonable intervals and spraying gravel lots;
(2)
Raking and cleaning at reasonable intervals; and
(3)
Maintaining the proper placement of markers;
(4)
Maintaining a proper grave elevation when settlement occurs below grade.
(b)
General care and maintenance. The term "care and maintenance" as used in this section relative to cemeteries shall be held to mean the general preservation of roads, walks, fences, buildings, shrubs and trees that have been placed by the city. The city shall have the authority, but not responsibility, to keep, care for and maintain the cemeteries in their entirety.
(c)
Exceptions. The term "care and maintenance" shall not be construed as meaning the maintenance, repair or resetting of any grave marker or memorial upon an individually owned plot or grave site. Neither does the term "care and maintenance" mean the doing of any special or unusual work on any lot or in any cemetery including, but not limited to, the reconstruction of marble, granite, bronze, concrete or stone in any section of the cemetery, the repair or rebuilding of any structure or stone in any section, building, or utility damaged by the elements, act of God, common enemy, theft, vandalism, strikes, malicious mischief, explosion, unavoidable accident, invasion, insurrection, riot or by order of any military or civil authority, whether the damage is direct or collateral, other than as provided in this section.
(d)
Present care and maintenance. The city agrees that it shall provide regular general care and maintenance of the cemeteries, specifically during the week before Easter, Mother's Day, Memorial Day, Father's Day, Thanksgiving and Christmas.
(e)
Clearing and disposing of decorations. The city reserves the right to clear each lot site once each month and to remove flowers or plants from the lot which flowers or plants are in a condition of dying or being dead or to remove any artificial flowers or objects that are weathered, severely sun faded, torn, or broken.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-73. - Rule 11. Miscellaneous provisions.#
(a)
Notarization of signatures. The city reserves the right to require any or all signatures to be notarized.
(b)
Final decision. In the event of misunderstanding or dispute as to the meaning of any of these rules or regulations, the decision of the city shall be final.
(c)
Damage by contractors. Any damage to lots, plots, grave spaces, walks, drives, trees, shrubs or other property of the cemeteries by outside workmen, contractors or dealers, or their agents or employees, shall be repaired by the offender.
(d)
Neatness. In opening and closing graves, setting markers, building memorials, placing shrubs or any other work, building, repairing and alterations, the persons so engaged, whether individuals, employees, contractors, workmen or dealers shall not scatter material over adjoining lots or unnecessarily block roadways, walks or avenues, or leave materials on the premises longer than is required by the job. At the completion of the job all debris shall be removed and the ground, and the sod shall be restored to its original condition without delay.
(e)
Materials and equipment. No material, machinery or other implements for the construction of vaults, mausoleums, memorials or other permitted structures may be placed in the cemeteries until required for immediate use. No such material, machinery, or implement shall be placed upon a adjoining lot without the express permission of the city.
(f)
City not liable. The city shall take reasonable precautions to protect plot owners and the property rights of plot owners within the cemeteries from loss or damage, but it expressly disclaims all liability for loss or damage from causes beyond its reasonable control including, but not limited to, damage and loss caused by the elements, acts of God, common enemy, theft, strikes, malicious mischief, explosion, unavoidable accident, invasion or insurrection, whether such loss or damage is direct or collateral, other than is provided in this section.
(g)
Service charges. The charges for the permits must be paid at the time of the issuance of the permit of interment, disinterment or removal.
(h)
Prohibited substances. No person shall possess or be permitted to have intoxicating liquors or illegal drugs on the cemetery grounds.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-74. - Rule 12. Sole agreement.#
The purchase contract, deed, agreement, and these rules and regulations and all amendments thereto, shall constitute the sole and entire agreement between the city and the lot, plot or burial space owner, and no other statement or promise by any officer, employee or sales agent shall be binding on the city.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-75. - Rule 13. Modification and amendments.#
(a)
Exceptions and modification. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship, in which such case the city may without notice make an exception, suspension or modification when deemed advisable; provided, however, that any such exemption, suspension or modification shall not be construed as a waiver affecting the general application of such rule.
(b)
Amendment. The city may, and the right is hereby reserved to, adopt new rules or amend, alter and/or repeal any rule or regulation.
(Ord. No. 98-5, § 1, 8-25-98)
Sec. 34-76. - Enforcement and penalties.#
(a)
Penalty. Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within a city operated and maintained cemetery, shall be deemed guilty of an offense and shall be liable for a fine not of not less than $500.00 or more than $2,000.00 per offense. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b)
Administrative action. The city manager or designated authority shall enforce this chapter by appropriate action, including but not limited to the rejection of plans and proposals not found to be in compliance with this chapter and the issuance of stop work orders.
(c)
Court proceedings. Upon the request of the city council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this chapter, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the city to undertake any activity necessary to bring about compliance with any requirement of this chapter.
(Ord. No. 98-5, § 1, 8-25-98; Ord. No. 2010-19, § 2(Exh. A), 9-28-10)