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HomeMy Public PortalAboutResolution No. 306-07 10-23-2007 CITY OF RICHLAND HILLS RESOLUTION N0.306-07 A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS REGARDING WAIVER OF RESIDENTIAL BUILDING PERMIT FEES RELATING TO JULY 3, 2007 FLOOD EVENT; PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, citizens have expressed a desire for the City to waive building permit fees directly relating to the flood event of July 3, 2007 because such fees constitute a significant impediment to their efforts to reconstruct and repair the damages to their homes caused by such event; and WHEREAS, the City Council has recognized that the imposition of building permit fees are necessary in order to provide funding for the enforcement of building codes and other health safety codes that protect the public, and reaffirmed that such fees should generally be imposed and collected, but has also recognized that the flood event of July 3, 2007 caused significant damage to several homes, and that the imposition of building permit fees directly relating to that event will indeed constitute a significant impediment to their efforts to reconstruct and repair the damages to their homes caused by such event; and WHEREAS, the City Council has recognized that reconstruction and repair of those homes will avoid substandard structures from proliferating in the City, and so is in the best interests of the City and all of its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ORDER The City Council hereby adopts the following policy: POLICY REGARDING WAIVER OF BUILDING PERMIT FEES RELATING TO JULY 3, 2007 FLOOD EVENT It is the policy of the City of Richland Hills that the City will waive building permit fees for damages to single-family residential structures directly relating to the flood event of July 3, 2007. Building permit fees relating to new construction, additions, renovations and repairs not directly related to the flood event of July 3, 2007, and building permit fees relating to repair of commercial, industrial, and multi- family structures shall not be waived. This includes building permit fees relating to repair of damages attributable to wind, rain or other weather that occurred on July 3, 2007 which was not caused by flood water. The City Manager and Chief Building Official are directed to implement this policy, and to refund any building permit fees previously paid that were directly relating to the flood event of July 3, 2007. Page 1 of 1 Linda Cantu From: Ann Seward [aseward@toase.com] Sent: Thursday, October 25, 2007 1:44 PM To: Linda Cantu Subject: RE: Resolution-waive permit fee Linda, Tim said you don't have to publish it. From: Linda Cantu [mailto:Icantu@richlandhills.com] Sent: Thursday, October 25, 2007 10:06 AM To: Tim Sralla Cc: Ann Seward Subject: Resolution-waive permit fee Tim, I have a question regarding Section 2 of this resolution. What do I need to do to give notice of this resolution? I don't publish resolutions in the paper, so I'm not sure what you need for me to do. If you will let me know. Thanks Linda 10/25/2007 The Chief Building Official shall be charged with determining whether this policy is applicable to a building permit. The applicant shall bear the burden of proof by a preponderance of the evidence on the issue. An applicant may appeal an adverse determination regarding application of this policy to the City Manager by filing with the City Secretary within five days after the Chief Building Official's determination, a written notice stating the applicant's desire to appeal from said determination. The City Manager may consider any evidence available regarding such determination, and shall make a determination whether the policy is applicable, which determination shall be final and binding on all parties. The entitlement to the waiver of building permit fees shall expire on October 23, 2008, unless an application is filed by the close of business on that date. SECTION 2. NOTICE Upon adoption of this Resolution, the City Secretary is directed to give notice of this resolution in the manner required by law. SECTION 3. AUTHORIZATION OF NECESSARY ACTIONS The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and directed to take all actions necessary to effectuate this resolution. SECTION 4. EFFECTIVE DATE This Resolution shall be effective upon its adoption. Passed and approved this 23rd day of Octo ;2007. C Y Off' RICHLAN S, TEXAS e Honorable avid ~ Ra n Mayor - \\\1111111 IIIII~~ ~ AT EST: \~,.~~~L~~ N D yj~~%,,, - ~ ' inda Cantu, City Secretary = ~ . ~ y= ;v RESOLUTION ADOPTING POLICY WAIVING RESIDENTIAL BUILDING FEES FOR d~L~1~;12007 FLOOD EVENT Page 2 H:\RESOLUTIONS\306-07 WAIVE PERMIT FEE.DOC APP VE T O D LEGALITY: ( , Tim G. Sralla, City Attorney RESOLUTION ADOPTING POLICY WAIVING RESIDENTIAL BUILDING FEES FOR JULY 3, 2007 FLOOD EVENT Page 3 H:\RESOLUTIONS\306-07 WAIVE PERMIT FEE.DOC