There is hereby created a commission to be called the building
and standards commission.
(Ordinance 2874, ex. A, adopted 10/22/18)
The building and standards commission shall have the duties
and purposes, as set out in chapter 54, subchapter C of the Local
Government Code in addition to serving as the board of adjustment
and appeals as set out in the International Codes and amendments thereto,
as adopted by the city.
(Ordinance 2874, ex. A, adopted 10/22/18)
(a) To
hear, determine and enforce those ordinances:
(1) For the preservation of public safety, relating to the materials
or methods used to construct a building or improvement, including
the foundation, structural elements, electrical wiring or apparatus,
plumbing and fixtures, entrances, or exits;
(2) Relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design,
warning devices, sprinklers or other fire suppression devices, availability
of water supply for extinguishing fires, and location, design, or
width of entrances or exits;
(3) Relating to dangerously damaged or defective buildings or improvements;
or
(4) Relating to conditions caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects
and rodents.
(b) To
hear appeals from decisions of the building inspector from persons
aggrieved by such decision and to provide the final interpretation
of the provisions of the standard codes adopted by the city.
(Ordinance 2874, ex. A, adopted 10/22/18)
(a) The
building and standards commission shall consist of five (5) members
appointed to two (2) year terms to run concurrently with the term
of the mayor.
(b) Members
shall be nominated by the mayor and approved by the city council.
There shall also be appointed four (4) alternate members of the commission,
who shall serve in the absence of one (1) or more regular members
when requested to do so by the mayor. The alternate members serve
for the same period and [sic] as regular members.
(c) Regular
members or alternate members of the commission may be removed by the
city council for cause on a written charge. Before a decision regarding
the removal of a member or alternate member, the city council shall
hold a public hearing on the matter, if requested by the member or
alternate member subject to the removal action.
(d) A
vacancy among the regular members or alternate members shall be filled
by appointment as herein provided for the unexpired term.
(e) Regular
and alternate members of the commission should be persons familiar
with building and construction standards, preferably state or local
licensed engineers, electricians or plumbers.
(Ordinance 2874, ex. A, adopted 10/22/18)
All matters to be heard by the building and standards commission
shall be heard by at least four (4) members, which shall constitute
a quorum.
(Ordinance 2874, ex. A, adopted 10/22/18)
Upon approval of the appointment of the five (5) regular members
of the commission, the mayor shall designate from among the number
one (1) member to serve as commission chairman.
(Ordinance 2874, ex. A, adopted 10/22/18)
In carrying out its purposes, the commission shall have the
following functions:
(1) Order
the repair, within a fixed period, of buildings found to be in violation
of an ordinance;
(2) Declare
a building substandard in accordance with the powers granted by Local
Government Code chapter 54, subchapter C;
(3) Order,
in an appropriate case, the immediate removal of persons or property
found on private property, enter on private property to secure the
removal if it is determined that conditions exist on the property
that constitute a violation of an ordinance, and order action to be
taken as necessary to remedy, alleviate, or remove any substandard
building found to exist;
(4) Issue
orders or directives to any peace officer of the state, including
a sheriff or constable or the chief of police of the city, to enforce
and carry out the lawful orders or directives of the commission;
(5) Determine
the amount and duration of the civil penalty the city may recover
as provided in Local Government Code section 54.017;
(6) Interpret
the provisions of the standard codes adopted by city and sustain or
overrule any decision of the building official whose decision is being
appealed.
(Ordinance 2874, ex. A, adopted 10/22/18)
All matters to be presented to the commission in behalf of the
city shall be presented by the city administrator.
(Ordinance 2874, ex. A, adopted 10/22/18)
It is the intent of this article to adopt the provisions of
Local Government Code chapter 59, subchapter C, as written or hereafter
amended. Said subchapter is hereby adopted. Any amendments thereto
shall become a part of this article.
(Ordinance 2874, ex. A, adopted 10/22/18)
References to city Ordinance 751 are to Ordinance 751 adopted
December 12, 1985, and to all subsequent ordinances amending same
and to any ordinance hereafter adopted amending said ordinance or
ordinance replacing all or any one of the standard codes adopted under
Ordinance 751.
(Ordinance 2874, ex. A, adopted 10/22/18)
Any appeal from the decision of the building inspector from persons aggrieved by such decision shall file their appeal in writing, and the appeal shall be accompanied by a processing fee in the amount established in appendix
A to this code.
(Ordinance 2874, ex. A, adopted 10/22/18)