HomeMy WebLinkAboutORD 1404 - ORD Relating to Building Demolition
ORDINANCE NUMBER 1404
AN ORDINANCE RELATING TO BUILDING DEMOLITION; CONTAINING
RULES. REGULATIONS AND PROCEDURES. AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE. TEXAS:
Section 1. The Code of Ordinances of the City of West University
Place. Texas is hereby amended by adding a new subsection (l) in
Section 6-3. of Article I. of Chapter 6, which new section shall read
as follows:
(l) Demolition permits.
(l) It shall be the duty of each permittee under a
demol ition pennit, at the time required by this
sub-section to:
a. Remove and properly dispose of the structure
and all equipment, slab. porches, beams,
rubble. steps and other debris resulting from
the demolition; and
b. Grade the surface of all ground occupied by
the structure demolished or otherwise affected
by the demolition, such grading to be
accomplished so that water will not accumulate
and the ground can be mowed with ordinary
domestic lawnmowing equipment.
(2) The pennittee shall notify the building official
when he begins the removal of the structure. shall
prosecute the work diligently to completion and
shall complete the removal, disposal and grading on
or before the tenth day following the day the
demolition is begun. It is an affinnative defense
to prosecution for a delay in completion that
inclement weather prevented the completion and
diligence was used to complete the work at the
earliest practicable time.
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Ordinance Number 1404
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence. paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, detennines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confinns such notices and the
contents and posting thereof.
Section 5. This ordinance takes effect on the tenth day following
its publication (the "effective date"). However, it shall be an
affinnative defense to prosecution under this ordinance that: (1) a
complete application for a pennit under the pre-existing ordinances was
duly filed prior to the effective date, and (2) the applied-for pennit
was duly issued, without substantial change from the application, and
(3) the work in question was duly completed under the permit so issued,
all in full compliance with the pre-existing ordinances. For purposes
of this section, an application is not complete unless it includes all
required information, attachments and fees.
PASSED AND APPROVED ON FIRST READING this 8th day of
July ,1991.
Voting Aye:
Mayor Johnson, Councilmembers Duke, Kelly, Jenkins,
Lang
None
Voting No:
Absent:
None
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Ordinance Number 1404
PASSED AND APPROVED ON SECOND AND FINAL READING thi s 22nd
day of Jul y __ ,~, _ 1991.
Voting Aye:
Voting No:
Absent:
ATTEST:
Audrey- Nichols
City Secretary
(SEAL)
Signed:
Approved as to Form:
James L. Dougherty, Jr.
City Attorney
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