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HomeMy WebLinkAboutItem 14 - Chapter 7 City Code AmendmentsITEM 0 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MAY 2, 2000 SUBJECT: AMENDMENTS TO GRAPEVINE CODE OF ORDINANCES, CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE I, SECTION 7-3 AMENDMENTS AND CHAPTER 12, HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12.21 SPECIFIC NUISANCES, REPEALING CONFLICTING ORDINANCES. RECOMMENDATION: Staff recommends City Council consider an ordinance amending Chapter 7, Buildings and Construction, Article I, Section 7-3, Amendments and Chapter 12, Health and Sanitation Article II Nuisances, Section 12-21. BACKGROUND: Over the years, the Building Department has encountered many projects which have been started but never completed, or which were not completed in a reasonable length of time. These projects often become eyesores, and generate complaints from the community. As written, the building code does not provide adequate provisions for ensuring that projects proceed at an acceptable pace, and are completed. These ordinance changes allow greater enforcement capability for the Building Inspection Department regarding projects which are allowed to expire. Additionally, these changes add specific wording to the Building Code regarding sign and accessory building permits. Lastly, the Building Code has been amended to eliminate a long standing code provision allowing waterproof asphalt rag felt paper as an approved weather resistive barrier. Following are details on the specific changes: Sec. 106.1 Permits Required While it has always been interpreted that sign structures are regulated by the Building Code, no reference is made to them. This change will clear up any doubt. Memo.050200 April 27, 2000 (10:36AM) Sec. 106.2 Work Exempt from Permit It is important for all fences to be permitted to verify zoning requirements. The Building Code currently exempts accessory buildings less than 120 square feet in roof area from permit requirements. This would not allow staff the opportunity to verify zoning requirements. This change will require a permit, but exempt the applicant from fees. This will also exempt sign permits and fees, which are exempt in the zoning ordinance. Sec. 106.4 Permit Issuance The Building Code currently provides for permit expiration if work is suspended or abandoned for a period of 180 days. Furthermore, it allows a new permit to be obtained within one year after suspension or abandonment for one-half the original permit fee. After this time period, a new permit may be obtained for full permit fees. It is clear that under these provisions a project could sit abandoned indefinitely. The code does not define what constitutes "suspension or abandonment", nor does it provide for any enforcement procedures for permits which have expired. These changes link suspension or abandonment to inspection requests. This will allow the Building Department to verify work progress. The changes also give the applicant only 30 days to renew an expired permit, after which the project will be deemed a nuisance. Lastly, the changes allow an expired permit to be renewed only once. Sec. 1401.1 Applicability For years the Building Code has allowed kraft waterproof building paper or asphalt saturated rag felt (tarpaper) to serve as the only form of wall weather protection if properly installed. This change will require some other type of building code -approved siding to be placed over the paper. Sec. 12-21 Specific Nuisances These changes enumerate nuisances for projects which are started without a permit, and for projects with expired permits. This will allow the Building Department to prosecute permit applicants who allow projects to remain unfinished. SW/sh Memo.050200 April 27, 2000 (10:36AM) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDING AND CONSTRUCTION, ARTICLE I, SECTION 7-3 RELATIVE TO THE 1994 UNIFORM BUILDING CODE PROVIDING AMENDMENTS TO SAME; CHAPTER 12 HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12-21 SPECIFIC NUISANCES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 7, Article I, Section 7-3 is hereby amended by the addition of the following Sections 106.1, 106.2, 106.4 and 1401.1 to read as follows: "Sec. 106.1. Permits Required. Except as specified in Section 106.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Signs are expressly regulated by this code. Sec. 106.2 Work Exempt from Permit 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, d9eG-Ret eXGeeE 420 6q aFe foot (44.45 m2) with a roof area not exceeding 120 square feet must be permitted but are exempt from fees. 3-2.Oil derricks. 4.3.Movable cases, counters and partitions not over 5 feet 9 inches (1753mm) high. 5-4.Retaining walls which are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. 6 S.Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 7-.6.Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8J. Painting, papering and similar finish work. -9-.8.Temporary motion picture, television and theater stage sets and scenery. 4-G-.9.Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches (1372 mm). 4410. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18 927 L). 4-2-.11.Signs which are exempt from permit requirements by the Grapevine Zoning Ordinance. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above -exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Sec. 106.4 Permit Issuance. 106.4.4. Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced and an inspection requested ORD. NO. 2 within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or if more than 180 days pass between any 2 inspections of the building or work including the final inspection. In the event of an expired permit, before such work can be recommenced, and/or inspections requested, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded 30 dans eae yeaf. In order to renew action on a permit more than 30 days after expiration, the permittee shall pay a new full permit fee. The building official shall have the sole discretion, except as otherwise provided herein, to extend permits and inspection deadlines for proiects of an unusually large scope. Any building or work subiect to a permit which has expired for a period of more than 30 days shall be declared a nuisance in accordance with Article II of the Grapevine Code of Ordinances. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended nor renewed more than once. Sec. 1401.1 Applicability. Exterior wall coverings for the building shall provide weather protection for the building at its exterior boundaries. The use of kraft waterproof building paper or asphalt -saturated rag felt is permitted only when covered by a veneer approved by this code." Section 2. That Chapter 12 Health and Sanitation, Article II, Nuisances, Section 12-21 Specific Nuisances is hereby amended by the addition of new subsections 2 and 3 to read as follows and renumbering the remainder of the section from 4 through 31: ORD. NO. 3 Sec. 12-21. Specific nuisances. "(2) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance which is erected, moved, expanded or in any other way altered without first obtaining a permit. (3) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance, said permit having been allowed by the permit applicant and/or property owner to expire for a period of more than 30 days." Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 2nd day of May, 2000. APPROVED: ORD. NO. 4 ATTEST: APPROVED AS TO FORM: ORD. NO. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE I, SECTION 7-3, AMENDMENTS AND CHAPTER 12, HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12-21 SPECIFIC NUISANCES, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 7, Article I, Section 7-3 are hereby amended to read as follows: Sec. 106.1. Permits Required. Except as specified in Section 106.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Signs are expressly regulated by this code. Sec. 106.2 Work Exempt from Permit 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the prejeGted rc)ef area dog not eXGeed 120 square foot X11.15 m`" with a roof area not exceeding 120 square feet must be permitted but are exempt from fees. 3-2.Oil derricks. 4-3.Movable cases, counters and partitions not over 5 feet 9 inches (1753mm) high. 5A.Retaining walls which are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. 6-5.Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 7-.6.Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8J. Painting, papering and similar finish work. 9-.8.Temporary motion picture, television and theater stage sets and scenery. 4-0.9.Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches (1372 mm). 4410.Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18 927 L). 4-2-.11.Signs which are exempt from permit requirements by the Grapevine Zoning Ordinance. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above -exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Sec. 106.4 Permit Issuance. 106.4.4. Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced and an inspection requested within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or if more than 180 days pass between any 2 inspections of the building or work, including the final inspection. In the 2 event of an expired permit, before such work can be recommenced, and/or inspections requested, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded 30 days erre lea . In order to renew action on a permit more than 30 days after expiration, the permittee shall pay a new full permit fee. The building official shall have the sole discretion, except as otherwise provided herein, to extend permits and inspection deadlines for Projects of an unusually large scope. Any building or work subiect to a permit which has expired for a period of more than 30 days shall be declared a nuisance in accordance with Article II of the Grapevine Code of Ordinances. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended nor renewed more than once. Sec. 1401.1 Applicability. Exterior wall coverings for the building shall provide weather protection for the building at its exterior boundaries. The use of kraft waterproof building paper or asphalt -saturated rag felt is permitted only when covered by a veneer approved by this code. Section 2. That Chapter 12, Health and Sanitation, Article II, Nuisances, are hereby amended to read as follows: Sec. 12-21. Specific nuisances. The following are declared to be nuisances and shall be abated, and any persons guilty of performing any of the acts herein set out, or of causing any such nuisances, or of permitting or suffering any of them to remain upon his premises or in any building occupied by or controlled by him or on any public thoroughfare immediately adjacent to such premises shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in a sum not to exceed $2,000.00 for each offense relating to fire safety, zoning or public health and sanitation, including dumping of refuse, nor to exceed $500.00 for each offense for all other violations, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance by correcting such insufficient maintenance or 3 dangerous condition to persons or property, as well as all other costs provided for by this article. (1) Any building, structure, or basement, or any part thereof used to house people or in which people work, which is overcrowded, or has inadequate means of ingress and egress, or is insufficiently supported, ventilated, drained, cleaned, lighted, or which is within the required distance of, and not connected with, the city's sewer system. (2) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance which is erected, moved, expanded or in any other way altered without first obtaining a permit. (3) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance, said permit having been allowed by the permit applicant and/or property owner to expire for a period of more than 30 days. {2)L4� All cellars, vaults, drains, pools, sewers, privies, yards, grounds, or premises which have for any cause become foul, nauseous or offensive or injurious to the health, or unpleasant to persons in adjacent residences, or to persons passing such premises. {,'�)LQ All markets, laundries, stores or other buildings or places which are not preserved clean and free from filthy and unwholesome substances and odors. O)LQ Every trade, business or occupation injurious to the health or comfort of persons who reside in the vicinity where such trade, business or occupation is carried on. {5)M All lots or receptacles containing water allowed to become stagnant or offensive or unwholesome from any cause. {6)&J All deposits or substances that are offensive or liable to endanger disease; any nauseous, foul or putrid liquids or substances likely to become nauseous, foul, offensive or putrid discharged, placed, thrown or conducted into or upon any public thoroughfare; all carcasses, all decaying flesh, fish, fowl, fruit, or vegetation, all deposits of manure, all flesh of any kind or description whatsoever when thrown upon or conducted into or upon any public thoroughfare or enclosure in such manner as to render such substances unwholesome and offensive or liable to become unwholesome or offensive. q4L91 All filthy or offensive water or slops in any private yard or premises when permitted to become offensive to the public. (B)L101 Any unwholesome food, liquor or adulterated medicine. {-g)LL1 I All cattle, horses or hog pens, stables or enclosed areas in which any cattle, horses or hogs may be confined which may, from use become offensive. X18) Any granaries, barns, elevators or other premises where rats and vermin breed or are harbored. k444L131 Any article or substance placed upon any public thoroughfare, except such articles as are permitted by ordinance of this city, in such manner as to obstruct the free passage upon such thoroughfare. 422 1( 4) The act of depositing any filth, or any foul, offensive, nauseous or injurious substance upon any public thoroughfare or other public place. CI 43)The act of sweeping or depositing any trash, paper, or rubbish into any public thoroughfare or other public place and allowing the same to remain in such place longer than six hours. { L161 The act of burning any hair, leather, rags, or any other substances of any kind which may cause or produce an offensive smell, smoke or odor capable of annoying persons living in the vicinity of such fire, or persons passing along the public thoroughfare. (} The act of defecation or urinating upon any public thoroughfare, or at any place which may be seen from a private residence, or by persons passing along the public thoroughfare. 46)L18 The act of keeping, raising, possessing, or having in or about the premises, except within enclosures, any pigeons with the intent to keep, raise or breed same. The act of allowing any weeds, filth or rubbish of any kind to remain on any sidewalk in front of or at the side of any premises owned by such persons, or in the street to the middle thereof; or in front of or at the side of any premises owned or controlled by such person; or upon any alley to the middle thereof that may be at the rear or side of any lots owned or controlled by such person. 48)L201 The act of expectorating mucous, or saliva, or saliva mixed with tobacco, or secretions from the nose or air passages, or the remains of any chewed or partly chewed tobacco or snuff, or the remnant of any partially chewed or smoked cigar, upon any sidewalk, upon the floor of any public building, or in any public vehicle. {-1-9)L21� The act of hauling, carrying or transporting any meat of slaughtered animals or fish through the streets of the city without having the same entirely covered, screened and protected from dust and from the public view. X29} 22 The act of scattering or distributing any advertisements, circulars, handbills, printed or written announcements, or paper of like character, upon the public thoroughfares or within public buildings or grounds within the city. Cross reference(s)--Distribution of handbills, § 12-21.1. } 23 The act of the owners or possessors of any animal which may die within the city to fail to have the carcass of same removed and lawfully disposed of within 18 hours after death of said animal. {22}LZ41 The act of throwing from any opening in, or carrying from any dwelling or place of abode, any night soil, feces, or urine. R34L25 The act of conducting, or causing to be conducted into any alley or gutter, waste water from any sink, tank, or other source of water supply in such manner as to produce any pool of stagnant water in said alley or gutter. {�L26 The act of dumping upon and removing from any public thoroughfare any coal or like material in a dry state, in such manner that annoying or offensive dust is generated from such materials; the act of leaving any coal dust or like materials upon such thoroughfares at or near the place where such coal or material was deposited or from which it was removed. {)LZ71 The act of throwing any discarded glassware, tinware, queensware, crockery, or other rubbish upon the public thoroughfares. R64L281 The constructing or keeping on the premises of any privy. k2-7-} 29 The act of throwing or depositing any filth, substance or thing into any private well or cistern. k24E4L10J The act of erecting or maintaining a building or structure the roof or eaves of which project beyond the property line or shed water upon any property other than that belonging to the owner of such structure or building. Any other act or thing done or suffered within the city which may interfere with the enjoyment of life by any member of the community, or by any person, who may thereby be deprived of his right to be free from foul, noxious or offensive or unpleasant odors or vapors, and to breathe fresh air and to be free from the sight of foul or offensive objects and substances. Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the day of 12000. APPROVED: ATTEST: APPROVED AS TO FORM: 0:\bba\ord7& 12MAY00