HomeMy WebLinkAboutOrd 1848 - salvage and demolition
Ordinance No. 1848
AN ORDINANCE RELATING TO SALVAGE AND DEMOLITON; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
WHEREAS, the building official of the City has developed certain amendments to
the Code of Ordinances relating to salvage and demolition; and
WHEREAS, the amendments were reviewed and amended by the Building &
Standards Commission, which has now recommended them to the City Council; and
WHEREAS, the Council has reviewed the amendments;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Sections IBM 1 and 18-65 of the Code of Ordinances of the City of
West University Place, Texas are hereby amended as set out in Appendix A, which is
attached to and made a part of this ordinance~
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only~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,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby~
Section 4. The City Council officially finds, determines 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 Texas Open Meetings Act, 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 confirms such notices
and the contents and posting thereof~
Section 5. This Ordinance shall take effect on the tenth day following its
publication, as provided in the City Charter ("Effective Daten)~ This Ordinance shall
apply to offenses committed on or after the Effective Date~ For this purpose, an offense
is committed on or after the Effective Date if any element of the offense occurs on or
after the Effective DateR Other offenses are covered by the ordinances in effect at the
time, and such ordinances are continued in effect for that purpose.
I:~SSED, APPROVED AND ADOPTED ON FIRST READING on
~ ~,5 , 2007.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APP~D AND ADOPTED ON SECOND AND FINAL READING
AND SIGNED on tr-1 J , 2007~
Councilthem ers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed:
tift
M'ayor
Recommended:
City M nager
Approved as to legal form:~~ ~
...
City Attorney
Prepared by James L. Dougherty, Jr~
Appendix A
Amend Section 18-1 to add the following definition:
--Den101ish'' Ulld hdenlolition~" include relTIoval of a structure aIld all activity in
preparation for relTIovaL including.. but not linlited to: (i) instal1il12 tenlporary fencing or other
tenlporary facililities" (ii) clearin2 of vegetation or obstacles" (iii) relnoval or saI va~e of parts of
the structure.. and (iv) deployn1ellt of equiplnent.. etc~
Amend Section 18-65 as follows:
Sec~ 18-65~ Demolition~
It shall be the duty of each permittee on a demolition permit, at the time required by this section:
(1) To remove and properly dispose of the structure and all equipment, slab, beams,
porches, lubble, steps and other debris resulting from the work; and
(2) Grade the surface of the all ground affected by the work so that water will not
accumulate and the ground can be .mowed with ordinary lawnmowers.
Demolition permittees shall notify the building official wlteH-before work begins, shall prosecute
the work diligently to completion. and shall complete the removal, disposal and grading on or
before the tenth day following the day work begins~ It is an affirmative defense itl any
.proceeding to enforce this section that.;.Jj} inclement weather prevented completion. and that
diligence was used to complete the work at the earliest practicable time: or (ii) if ,:york occurred
before the start of such te.n-dav period.. it COl1sisted of salvage operations only~ it took place
cODl"Pletelv inside a buildin2: (without any outdoor stora2:e.. without any exterior ChallgeS 011 tIle
site and. without disturbing any window.. outside door or other external part of the .building)~ an.d
it occulTed during tile tern1 of the delnolitiol1 perll1it,:,