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HomeMy WebLinkAboutORD 1998-024 ,�.� ORDINANCE NO. 98-24 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 VI, SECTIONS 7-150 AND 7-151, RELATIVE TO THE ADOPTION OF THE 1994 UNIFORM MECHANICAL CODE, PROVIDING AMENDMENTS FOR SAME, 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 VI, Sections 7-150 and 7-151 are hereby �� amended to read as follows: � ARTICLE VI. MECHANICAL CODE "Sec. 7-150. Code adopted. There is hereby adopted by the City of Grapevine, Texas, for the purpose of providing minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, comfort cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances, the Uniform Mechanical Code, 1994 Edition as published by the International Conference of Building Officials with the exception of such sections thereof as are hereinafter deleted, modified or amended, and the same is hereby adopted and incorporated herein as if the same were copied in its entirety. This article shall be known as the "Grapevine Mechanical Code" and a copy of said code shall be maintained in the o�ce of the City Secretary. Sec. 7-151. Amendments to code. The Mechanical Code adopted herein is amended as follows: � ' Section 108.8 Liability, is amended to read as follows: � �::re, Any officer or employee, or member of the Board of Appeals, charged with the enforcement of this code, acting for the City of Grapevine in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all � personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member of the Board of Appeals because of such act performed by him in the enforcement of any provision of this code shall be defended by the City until the final termination of the proceedings. Section 110 Board of Appeals is deleted in its entirety and is replaced by the following: Section 110.0 Board of Appeals (a) Appointment. There is hereby created a board to be known as the Board of Appeals. Such board shall consist of six (6) members, five (5) of which shall be those members of the Building Board of Appeals, and one licensed and registered mechanical contractor having at least five (5) years' experience, skilled in planning and layout of the installation of air conditioning equipment. Board members shall have the authority to vary the application of any provision of this code or to modify an order of the mechanical inspector. In exercising its power, the board shall specify in what manner such variation or modification is '��" made, the conditions upon which it is made and the reasons for the variation or modification. � (b) Decisions. Every decision of the Board of Appeals shall be final, subject however, to such remedy as any aggrieved party might have at law or in equity. It shall be in writing and shall be promptly filed with the Building Inspection Division office and shall be open for public inspection; a copy shall be kept publicly posted in the Building Inspection Division for two (2) weeks after filing. (c) The board shall, in every case, reach a decision without unreasonable or unnecessary delay. (d) If a decision of the Board of Appeals reverses or modifies a refusal, order or disallowance of the inspector, or varies the application of any provision of this code, the inspector shall immediately take action in accordance with such decision. Paragraph 111.1, Penalties, is added as a new paragraph under Section 111.0, Violations and shall read as follows: "� 111.1 Penalties, Any person, firm or corporation violating this code shall be subject to punishment as provided in Sections 1-6 of the Code of Ordinances." � ORD. NO. 98-24 2 ��, Section 2. 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 3. 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 4. 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 5. 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 17th day of February , �ggg, ��.� APPROVED: �:.:_.� --�-,. William D. Tate Mayor ATTEST: �� Lin a Huff City Secretary APPROVED AS TO FORM: . � 4 „i`-i�q s ^. Jsi`�� " � Matthew Boyle City Attorney ORD. NO. 98-24 3