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HomeMy WebLinkAbout09022004 BSC Agenda Item 4 • • special exception; (ii)transitional features between portable buildings and other residential buildings are required; and(iii)other restrictions on height,densities and other matters are prescribed or provided for. In case there is no such district established at the time that a person seeks to locate a portable building in the City, such person may apply for the establishment of the district in the manner prescribed in Article 14 of the zoning ordinance and subject to all limitations imposed upon amendments to the zoning ordinance. Sec.6.102.Permits. (a)Permits, when required. Except to the extent expressly authorized by an effective permit issued by the Building Official,it shall be unlawful for any person: (1) to erect,move,improve,remove,construct,enlarge,repair,convert, demolish or alter any structure; or (2) to engage in any grade raising; or (3) to engage in any pre-development activity; or (4) to cause or allow any such activity at a place the person owns or controls. (b) When effective. A permit is effective only if it has been duly issued in accordance with this Code and has not: (i)expired, (ii)been revoked,or(iii)been suspended. (c) Certain defenses. It is an affirmative defense to prosecution under this section that: (1) the work in question consists of nothing more than ordinary maintenance activities on private property,such as painting or wall papering; (2) in the case of roof repair or replacement,the area of roof affected is less than 200 square feet; (3) in the case of a fence,the work consists of repairs affecting not more than ten feet of the fence on the owner's property,and there is no change in location,height or materials; (4) the work involves only an alarm system on private property for which a permit is neither allowed nor required by the Private Investigators and Private Security Agencies Act, TEX.REV. CIV. STAT.ANN. art.4413(29bb),provided that the provisions of this Code applicable to alarm systems are followed; (5) the work includes nothing more than replacing worn-out or obsolete items on private property(other than a roof,a fence or an alarm system), and there is no structural alteration,no new wiring,no work involving concealed plumbing or gas facilities and no potentially dangerous conditions; (6) another ordinance specifically provides that no permit is required for the activity in question;or (7) in the case of development,the work in question involves an area on private property not larger than ten square feet,and any structures involved are readily moveable at a cost not exceeding$300. Sec.6.103.Registration of contractors.. (a) When required. It shall beunIul for any person to perform any work for which a permit is required under this chapter(or to offer to perform it)in exchange for money or other substantial con- sideration,unless such person is registered as a contractor as required by this chapter. It is an affirmative defense that one or more of the following four sets of circumstances is present: (1) The work in question is completely authorized by one or more licenses issued by or under the authority of the City(for example,an electrician's license). (2) The work in question is completely authorized by a license issued by the state(for example, a plumber's license),and the license is registered with the City. (3) The work in question is performed by the owner of the site in question without the involvement of any contractors. (4) The person is a regular employee of a contractor who is registered as required by this subsection and the person does the work(or offers to do it)strictly as a servant or agent of the registered contractor. (b)Application. A person desiring to register as a contractor with the Building Official must: (1) fill out and file with the Building Official the standard contractor's registration form prescribed by the Building Official(which shall include names,addresses,telephone numbers,driver's license numbers,business structure information,proof of insurance required by this section and other relevant data); CHARTER&ORDINANCES, City of West University Place, Texas, July 31,2003 Page 6-2 • • (2) submit a new registration form on or before the tenth day following the day that any of the information in current form changes; and (3) submit,prior to expiration,proof that each insurance policy in the current registration is duly extended or replaced upon expiration. (c)Insurance coverage. Registrants are required to have and maintain public liability insurance with a combined single limit per occurrence no less$300,000(or with separate limits each no less than this amount), or higher limits if required by applicable state law. (d)Insurance criteria. All insurance policies must meet all of the criteria regularly required for contractors on City construction jobs(City Form C-101,or other standard form,as it may be amended from time to time), except: (1) the City need not be named as an additional insured;and (2) there need not be a waiver of subrogation. The Building Official may require that registrants submit a properly signed City form,or other documents,as proof of insurance. (e)Expiration, etc. A contractor's registration becomes ineffective if: (1) it is not renewed prior to the time that any of the insurance policies mentioned in the registration is reduced,canceled or allowed to expire;or (2) it is suspended. (f)Suspension. The Building Official may suspend a registration for failure to maintain required insurance coverage,subject to the same procedures applicable to the revocation of permits. If requested by the Building Official, and after notice to the registrant and an opportunity for a hearing,the BSC may suspend a registration,if: (1) The BSC determines that the registrant is responsible for three or more building violations within any 12-month period. "Building violations"include all violations of this Code arising out of,or relating to,building or development activity. Violations of the Standard Codes Schedule and violations of Chapters 3, 6,8,9, 12, 13, 15, 17, 19 and 22, for example,can be"building violations,"and this list is not exclusive. (2) The BSC determines that the registrant is responsible for any aggravated violation. A building violation is aggravated if: (i)it is committed knowingly or intentionally after a specific warning or admonishment,or(ii)it is committed knowingly or intentionally and clearly causes harm to a person or property. Registrants are responsible for all of the following: (i)building violations committed by the registrant's officers,agents, employees or subcontractors,and(ii)building violations occurring in connection with activities under a permit for which the registrant is a permittee. Registrants are not responsible for violations if the registrant demonstrates,as an affirmative defense and by clear and convincing evidence, that the registrant could not reasonably prevent them. (g)Nature of suspension;proof Suspension is a non-criminal administrative remedy,and registrants are responsible for the indicated violations regardless of whether criminal convictions are,or could be,obtained. However, evidence of a criminal conviction may be used to prove that an indicated violation occurred. The burden is on the Building Official to prove violations by clear and convincing evidence. Exception: The registrant has the burden on defensive issues. (h)Length of suspension; effect, etc. The suspension period shall be set in proportion to the severity of the violations involved,but an initial suspension may not exceed 90 days. Any subsequent suspension of the same registrant shall be in effect until reinstated. When a registration is suspended, neither the registrant nor any"alter ego entity"is eligible for new permits. The term"alter ego entity" includes: (i)any proprietorship,joint venture or partnership that includes the registrant,(ii)any person under common ownership,management or control with the registrant,and(iii)any other person acting in concert with the registrant. Any current permits held by a suspended registrant may be revoked or suspended by separate proceedings. (i)Reinstatement after suspension. Upon application by a person with a suspended registration,the BSC may reinstate the registration if either of the following sets of circumstances is present: (1) The applicant demonstrates clearly that the violations causing the revocation or suspension did not,in fact,occur,or that the applicant was not actually responsible for the violations. (2) The applicant has taken effective corrective action and has made all changes necessary to prevent similar violations from occurring in the future. Reinstatement shall be conditioned upon compliance with the then-current application requirements and payment of required fees. CHARTER& ORDINANCES, City of West University Place, Texas, July 31,2003 Page 6-3 ■ ----- (i) An order issued under this section may be filed with the clerk or secretary of the municipality. The clerk or secretary shall keep the order in a separate N OF MUNICIPAL GOVERNMENT § 54,044 index and file. The order may be recorded using microfilm, microfiche, or data processing techniques. et,see notes § 54.044. Alternative Procedure for Administra- (j) An order issued under this section against a tive Hearing t person charged with an ordinance violation may be (a) As an alternative to the enforcement processes • enforced by: .d against described by this subchapter, a municipality by ordi- (1) filing a civil suit for the collection of a penalty e subject nance may adopt a procedure for an administrative assessed against the person; and adjudication hearing under which an administrative penalty may be imposed (2) obtaining an injunction that: A bring a Posed for the enforcement of an (A) prohibits specific conduct that violates the ordinance described by Section 54.032 or adopted ound that under Section 214.001(a)(1). ordinance; or oceedings `x� (B) requires specific conduct necessary for corn- re of the (b) A procedure adopted under this section must pliance with the ordinance. )1der had entitle the person charged with violating an ordinance (k) A person who is found by a hearing officer to I and en- to a hearing and must provide for ceedmgs. (1) the period during which a hearing shall be ;r have violated an ordinance may appeal the determina- held; g lion by filing a petition in municipal court before the Aug. 28, 31st day after the date the hearing officer's deternu- i, § 8, eff. (2) the appointment of a hearing officer with i 1. nation is filed. An a stay authority to g � appeal does not stn enforcement see notes tY administer oaths and issue orders corn- = and collection of the judgment unless the person, pelling the attendance of witnesses and the produc- before filing the appeal, posts a bond with an agency lion of documents; and designated for that purpose by the municipality. 31 (3) the amount and disposition of administrative i; "- Added by Acts 2001, 77th Leg., ch. 413, § 9, eff. Sept. 1, n of the penalties,costs,and fees. q J ;, 2001. the deci- (c) A municipal court may enforce an order of a t I` final and hearing officer compelling the attendance of a witness [Chapters 55 to 60 reserved fi, - - or the production of a document. t, Aug. 28, (d) A citation or summons issued as part of a ! '!'` § 9, eff. procedure adopted under this section must: t 'I;' I see notes (1) notify the person charged with violating the 4 ordinance that the person has the right to a hear- , i ing; and t '' Affect- .(2) provide information as to the time and place of the hearing. ty of a (e) The original or a copy of the summons or cita- t '> i of the lion shall be kept as a record in the ordinary course of !j� ' business of the municipality and is rebuttable proof of ,r 'II'�_ Aug. 28, the facts it states. ', ,. (f) The person who issued the citation or summons s is not required to attend a hearing under this section. If+I! cemu- (g) A person charged with violating an ordinance I' ent who fails to appear at a hearing authorized under this II 1 of this section is considered to admit liability for the violation charged. I,I !es de- �;; )rocess (h) At a hearing under this section, the hearing a u'1 1 conduct officer shall issue an order stating: . 1 id judi- (1) whether the person charged with violating an of this ordinance is liable for the violation; and ; l (2) the amount of a penalty, cost, or fee assessed 2,1997. against the person. 101 i �► House Bill 730: Texas Residential Construction Commission; Residential Construction Liability Act Amendments; Author: Ritter. Amends the Property Code, eff. 2003-2004. New Commission. This Act creates the Texas Residential Construction Commission with six primary responsibilities: (1) register homebuilders, in order to keep track of and discipline builders, (2) oversee a state-sponsored home defect inspection process, (3)prepare and adopt building performance standards, (4) oversee three task force groups—on mold, arbitration, and rain harvesting; (5) provide a voluntary certification program for arbitrators and (6) provide for the filing of arbitration awards. The nine commission's members-- appointed by the Governor--will be 4 homebuilders, 3 public members, 1 engineer and 1 architect or residential inspector. Builder Warranties. Before the Act, it was unclear whether builders could disclaim the implied warranty of good and workmanlike construction. The Act provides for the Commission to prepare and adopt new building performance standards, to enable builders to define their warranty obligations. The standards are focused more on performance of the home after closing rather than how the home is constructed. The Act replaces any implied warranty of good and workmanlike construction with a limited statutory warranty and any implied warranty of habitability with a statutory warranty of habitability. The Commission by rule shall adopt limited statutory warranties and building and performance standards for residential construction that contain a warranty period of one year for workmanship and materials; two years for plumbing, electrical, heating, and air-conditioning delivery systems; and 10 years for major structural components of the home. The construction of each new home or home improvement shall include the warranty of habitability. For a construction defect to be actionable as a breach of the warranty of habitability, the defect must have a direct adverse effect on the habitable areas of the home and must not have been discoverable by a reasonable prudent inspection or examination of the home or home improvement within the applicable warranty periods. Dispute Resolution. The Commission and the new building performance standards provide a new method of resolving construction disputes. Either the homeowner or builder may file a claim with the Commission, which will abate any pending lawsuit. The Commission will assign a state-approved inspector to inspect the alleged defect and determine whether the construction complies with the Commission's building performance standards. The builder can then make its Residential Construction Liability Act ("RCLA") offer. If the homeowner refuses the offer and elects to sue or proceed with the abated lawsuit, the homeowner will have the burden of overcoming the inspector's determination. Commission Funding. The Commission will be funded from house registration fees (estimated to be approx. $30) paid after the closing of each home constructed, builder registration fees ($500 initially, and not more than$300 on a renewal basis), and from inspection fees. Builder Registration. All builders will be registered with the Commission, and be subject to its disciplinary authority--revocation of registration for certain limited causes, such as fraud, misappropriation of trust funds, discrimination, false advertising, failure to pay a judgment, failure to register a home and failure to reimburse a homeowner for inspection costs if ordered by the Commission. Arbitrator Certification. Residential construction arbitrators may voluntarily choose to be certified by the Commission and certain arbitration awards must be filed with the Commission. Arbitration awards can be vacated if it is shown that a manifest disregard of Texas law has occurred. RCLA Amendments. The Act also amends the RCLA. Current law has been held to require that the builder has the burden of proving that the homeowner unreasonably rejected the builder's offer. The Act's amendments provide that the builder is only required to show that the builder made a reasonable offer, not that the homeowner unreasonably rejected the offer. Amendments also provide a mechanism for agreement between builder and homeowner for the terms by which a builder may voluntarily decide to buy back a home.The dollar cap on the amount of damages that may be assessed against a builder has been eliminated.