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