HomeMy Public PortalAboutOrdinance No. 771-95 11-14-1995 ORDINANCE NO. 7 71- 9 5
AN ORDINANCE AMENDING SECTION 12 "HOUSING
CODE" OF CHAPTER 3 "BUILDING REGULATIONS" OF
THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED;
ADOPTING THE 1994 EDITION OF THE UNIFORM
HOUSING CODE AS THE HOUSING CODE FOR THE CITY
OF RICHLAND HILLS, TEXAS; MAKING CERTAIN
AMENDMENTS TO SAID UNIFORM HOUSING CODE TO
BE EFFECTIVE WITHIN THE CITY OF RICHLAND HILLS,
TEXAS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING 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 AN EFFECTIVE DATE.
Be it ordained by the City Council of the City of Richland Hills, Texas:
I.
That Section 12 "HOUSING 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:
SECTION 12: HOUSING CODE
A. UNIFORM HOUSING CODE ADOPTED
The Uniform Housing Code, 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 Housing
Code of the City of Richland Hills, Texas, together with the amendments thereto
hereinafter set forth, the same as though such Code were copied at length herein.
B. AMENDMENTS
The Uniform Housing Code, 1994 Edition, is hereby amended and changed in the
following respects:
(1) Section 203 is hereby amended to read as follows:
The City Council shall conduct all public hearings required under this Code
and shall hear all appeals provided for hereunder. Appeals shall be processed
in accordance with the provisions contained in Chapter 13 of this Code. The
City Council shall be deemed to be the housing advisory and appeals board
as same is referred to throughout this Code.
(2) Section 1605 is hereby amended by the addition of a new Subsection 1605.4
thereto, which subsection shall hereafter be and read as follows:
"1605.4 Notice of Lien.
If the legislative body of this jurisdiction orders that the charge shall be
assessed against the property, then, in addition to the requirements set forth
above, the City Secretary shall prepare and file in the Real Property Records
of Tarrant County, Texas, a "Notice of Lien"."
(3) Chapter 16 is hereby amended by the addition of a new Section 1613 thereto,
which new section shall hereafter be and read as follows:
"SECTION 1613 NO UTILITY SERVICE, ETC.
No utility service, building permit or certificate of occupance shall be
allowed or issued upon any property until all liens assessed against the
property under the provisions of this Code shall have been released by the
City after payment of all sums and assessments secured thereby."
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
ORDINANCE NO. 7 71- 9 5 Page 2
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.
Saving 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.
IV.
Penalty Clause. Any person, firm or corporation who shall violate any of the provisions of
the Uniform Housing Code 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 the 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.
• ORDINANCE NO. 7 71- 9 5 Page 3
APPROVED:
•
C~
C. .Kelley, Mayor
ATTEST:
Te
i~Wilyj City Secretary
APPROVED AS TO FORM AND LEGALITY:
~ ~ ~
Paul F. Wieneskie, City Attorney
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