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HomeMy Public PortalAboutOrdinance No. 770-95 11-14-1995 ORDINANCE NO. 7 7 0- g 5 AN ORDINANCE AMENDING SECTION 13 "ABATEMENT OF DANGEROUS BUILDINGS CODE OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, TO ADOPT THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION GOVERNING FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; APPOINTING A BOARD OF APPEALS; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, currently has in force the 1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings, which code has been adopted for the protection of the health, safety and welfare of the citizens of the City of Richland Hills, and for the safeguarding of their property; and WHEREAS, a new, 1994 edition of said Uniform Code for the Abatement of Dangerous Buildings has been promulgated by the International Conference of Building Officials; and WHEREAS, it is in the best interests of the citizens of the City of Richland Hills, Texas, and necessary for the preservation of their lives and property that the said 1994 edition of said Code be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. • That Subsection A "Uniform Code for the Abatement of Dangerous Buildings Adopted" of Section 13 "Abatement of Dangerous Buildings Code" of Chapter 3 "Building Regulations" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: A. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS ADOPTED The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, as adopted by the International Conference of Building Officials, a copy of which is on file in the office of the Building Official, is hereby adopted by reference and designated as the Abatement of Dangerous Buildings Code of the City of Richland Hills, Texas, together with the amendments hereinafter set forth, the same as though such code were copied at length herein. B. AMENDMENTS The City Council shall conduct all public hearings required under this Code and shall hear all appeal provided for hereunder. Appeals shall be processed in accordance with the provisions contained in Chapter 6 of this Code. The City Council shall be deemed to be the housing advisory board as same is referred to throughout this Code. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Savings Clause. That Chapter 3 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. ORDINANCE NO. ~ ~ 0 - 9 5 Page 2 IV. Penalty Clause. Any person, firm or corporation who shall violate any of the provisions of the Uniform Code for the Abatement of Dangerous Buildings adopted by this section, or who shall in any other manner violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars ($500.00) except that the penalty shall be that fixed by state law where a different penalty has been established by state law for such offense and except that for any offense which is a violation of any provision governing fire safety, zoning or public health and sanitation, including the dumping of refuse as that term is defined by section 2.09 of the Texas Litter Abatement Act, Article 4477-9A, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00), and each day or fraction of a day that an offense hereunder is committed or permitted to exist shall constitute a separate offense and shall be punishable as such hereunder. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 14th day of November , 1995, by a vote of 4 ayes, 0 ,nays, and 0 abstentions. APPROVED: C. F. Kel ey, Mayor ..ATTEST: ill' ,City Secretary APPROVED AS TO FORM AND LEGALITY: r aul F. Wieneskie, City Attorney ORDINANCE NO. 7 7 0- 9 5 Page 3