What Happens When The City of Bellaire Violates Its Own Zoning Violations?

The City of Bellaire is currently responsible for the violation of two (2) of our City ordinances. 

One violation is the parking lot at 4300 Bellaire, built in a residentially R-5 zoned area adjacent to the BBEOD shown below in the center right of the portion of the City zoning map.  Sec. 24-546.Bellaire Boulevard Estate Overlay District (BBEOD)  A.  Purpose. The Bellaire Boulevard Estate Overlay District is a low density residential area and applies to all properties with frontage along Bellaire Boulevard generally from Loop 610 to the eastern City limit as shown on the zoning district map

The original 4-lane layout with parallel parking along South Rice Avenue in front of Bellaire City Hall.

The second is the angled parking along South Rice Avenue between Linden and Jessamine streets.   Sec. 30-107. – Specific restrictions—South Rice Avenue.  Parking on the west side of South Rice Avenue between Locust Street and Aspen Street shall be parallel to the curb only, with the wheels nearest to the curb not more than three feet from the curb.

Numerous residents have complained of dangerous traffic conditions along this stretch of South Rice due to the merger of 2 southbound lanes into one at Linden, and the danger of turning right at Jessamine St when vehicles are passing on the right in the ‘parking’ spaces.

Who enforces those ordinances, you ask?  Sec. 2.5 of Bellaire’s Code of Ordinances includes this item:

(4) Development services. The development services department is responsible for coordinating city planning, implementation of the subdivision and zoning ordinances, code compliance and enforcement, 

Since City Manager Paul Hofmann wants the parllel parking to remain, code enforcement by Development Service seems unlikely.  Mr. Hofmann doesn’t live in Bellaire, so perhaps he’s not bothered by the problems Bellaire drivers encounter. 

However, City Council apparently has that power, too.  See the information at the end of this article.  Or perhaps Bellaire residents are now free to do as they please with Bellaire land.  Resident tax money helps pay the bills, residents should have a say in how it’s used.  Let the Mayor and City Council know how you feel about these issues.

Email comments to the Mayor and City Council via our City Clerk and request that it be forwarded to them: tdutton@bellairetx.gov


 

This is from the Texas Local Municipal Code:

LOCAL GOVERNMENT CODE 
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT 
SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES 
CHAPTER 54. ENFORCEMENT OF MUNICIPAL ORDINANCES
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 54.001. GENERAL ENFORCEMENT AUTHORITY OF MUNICIPALITIES; PENALTY.

(a) The governing body of a municipality may enforce each rule, ordinance, or police regulation of the municipality and may punish a violation of a rule, ordinance, or police regulation. 
(b) A fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed $500 except that: 
  (1) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000; and 
  (2) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed $4,000. 
(c) This section applies to a municipality regardless of any contrary provision in a municipal charter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 7(a), 87(e), eff. Aug. 28, 1989. Amended by: Acts 2015, 84th Leg., R.S., Ch. 680 (H.B. 274), Sec. 1, eff. September 1, 2015.

Email comments to the Mayor and City Council via our City Clerk and request that it be forwarded to them: tdutton@bellairetx.gov