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Home My WebLink AboutO-2004-2733-A REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: W~ne Saho ~- Aoorooriation Agenda Date Requested: 12/13/04 Source of Funds: Department: PI~""iDg Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance #04-2733-A Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION To satisfy the need for a board to hear and decide appeals regarding constmction codes and to conduct comprehensive reviews of the city codes, the Building Code Appeals Board was established by Ordinance #04-2733 in May 2004. Due to the limited number of council members at that time, the appointment of the seven (7) board members was delayed. At the November 08, 2004 City Council meeting, staff requested direction regarding the appointments of the board. The direction included some changes to the original ordinance and a request for staff to return on December 13, 2004 for appointment of the board members. Incorporated changes in Ordinance #04-2733.A are as follows: (1) Identify the (7) board positions are at-large appointees who will elect their chairperson (2) Individual shall be a resident of or operate a business in La Porte (3) Initial term of (3) years with subsequent terms to be staggered (4) Amend references in Section 3 to address the building codes rather than the zoning ordinance Action Reauired bv Council: Approve Ordinance #04-2733-A, amending Ordinance #04.2733 Approved for City Council Aeenda i!lH!d~~ 1~-2 - 01 Date ORDINANCE NO. 04- 2733-A AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE I "IN GENERAL", BY AMENDING SECTION 82-11 AND ADDING SECTION 82-12, AND AMENDING SECTION 3 of ORDINANCE No. 04-2733; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. That Chapter 82, "Buildings and Building Regulations," Article I, "In General" is hereby amended by adding Sections 82-10, "Building Codes Appeals Board," et seq; Sec. 82-10 Building Codes Appeals Board In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the building codes adopted in this chapter, there shall be and is hereby created by the City Council of the City of La Porte Building Code Appeals Board. Sec. 82-11, "Compilation of Board." The Building Code Appeals Board shall consist of seven (7) resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, who the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction. Members of the Building Code Appeals Board may not be employed by the City of La Porte. The chairperson of the Building Code Appeals Board shall be selected by its members. Sec. 82-12, "Term." Members of the Building Code Appeals Board are appointed by the City Council, for a term of three (3) years, and serve at the pleasure of the City Council. Initial Board members shall serve co-terminus three (3) year terms, expiring on the 31st day of August, 2007. Thereafter, at the conclusion of the initial 3 year term of the Board, members shall be appointed for staggered three (3) year terms, to be commenced as follows: holders of Positions 1 and 2 of the Board shall initially be appointed for a term of three (3) years, and thereafter appointed for three (3) year terms; holders of Positions 3 and 4 of the Board shall initially be appointed for a term of two (2) years, and thereafter appointed for three (3) year terms; holders of Positions 5, 6, and 7 of the Board shall initially be appointed for a term of one (1) year, and thereafter appointed for three (3) years terms. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the Building Code Appeals Board will always be heard by a minimum of four (4) members. Sec. 82-13, "Rules and Meetings." The Building Code Appeals Board shall adopt rules of procedure in accordance with the provisions of this chapter, and this code. Meetings of the Board shall be held at the call of the Chairman and at such other times as at least four (4) members of the Building Code Appeals Board may determine. All meetings of the Building Code Appeals Board shall be open to the public. The Building Code Appeals Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or in failing to vote, indicating such fact, and shall keep records of all of its official acts, all of which shall be immediately filed in the office of the City Secretary and shall become a public record. Sec. 82-14, "Powers and Duties of the Board." The Building Code Appeals Board shall have the following powers: 1. To hear and decide appeals from the determination of a building official where it is alleged that on a claim that the true intent of the building and construction codes adopted in this chapter have been incorrectly interpreted, that the provisions of a code adopted under this chapter do not fully apply, or that an equally good or better form of construction is proposed. The Building Code Appeals Board shall have no authority to waive requirements of this code. 2. The Building Code Appeals Board is to conduct a regular comprehensive review of the codes adopted in this chapter, and has the power to recommend to the City Council of the City of La Porte changes, additions, or deletions from said codes for any reason including the following: a. Defects in the text of the codes; b. Deficiencies created by improper or lax administration of the codes; or c. inconsistency with the State Statutes or judicial decisions. Sec. 82-15. "Action on Appeal." In exercising the powers set forth in this section, the Building Code Appeals Board, in conformity with the provision of this chapter and the codes adopted in this chapter, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, as ought to be made, of the Building Official, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. SECTION 2. All ordinances and parts of ordinances inconsistent, or in conflict, with this ordinance are hereby repealed, to the extent of such conflict only; provided, however, the City of La Porte reserves all rights and remedies which may have accrued to the City of La Porte for offenses which may have occurred prior to the effective date of the repeal of said ordinances. SECTION 3. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of applicable building codes or Chapter 82 of the Code of Ordinances or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous building codes which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior building codes of said City of La Porte. SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. SECTION 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the publiC as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE lYoAYOF Pg~2004. CtTY OF LA PORTE ~ ~~-!- By: " r~ Alton E. Porter, Mayor ATTEST: BY:'~~~ MA THA GILL , City Secretary