The city hereby implements chapter 54, subchapter C of the Texas
Local Government Code (V.T.C.A., Local Government Code section 54.031
et. seq.). Pursuant to such subchapter, the city council shall provide
for the appointment of a building and standards commission, and the
regulations and restrictions adopted shall be pursuant to the provisions
of applicable statutory requirements for a building standards commission
under state law.
(Ordinance O-15-01-22-7C adopted 1/22/15)
The commission shall consist of seven members that serve two-year
terms. To the extent possible, the city council shall appoint members
to the commission who have experience or expertise in the building
trades.
(Ordinance O-2021-030 adopted 5/20/21)
(a)
The
commission shall have the powers and duties as set forth in chapter
54, subchapter C of the Texas Local Government Code (V.T.C.A., Local
Government Code section 54.031 et. seq.) to hear and determine cases
concerning alleged violations of ordinances.
(b)
The
commission has the power to hear appeals and render decisions upon
rulings and refusals of ruling by the building official when requests
for a modification or a variation from the provisions of this division
have been made. Whenever the building official rejects or refuses
to approve the mode or manner of work proposed to be followed or materials
to be used in the proposed construction, or when it is claimed that
the provisions of this code do not apply, or that any equally good
or more desirable form of installation can be employed in any specific
case, or when it is claimed that the true intent and meaning of this
code or any of the regulations thereunder have been misconstrued or
wrongly interpreted, the owner of such building or structure, or his
duly authorized agent, may appeal the decision of the building official
to the commission. Notice of the appeal shall be in writing and filed
within 30 days after the decision is rendered by the building official.
(c)
The
commission shall have the power and duty to act as the fire code board
of appeals as set forth in chapter 54, subchapter C of the Texas Local
Government Code (V.T.C.A., Local Government Code section 54.032(2)).
(d)
The
commission shall adopt its rules of procedure by majority vote of
the entire commission, provided that such rules not are in conflict
with laws applicable to the commission or any provisions of the city
charter.
(Ordinance O-15-01-22-7C adopted 1/22/15)
The commission, after hearing an appeal, may vary the application
of any provision of this code to any particular case, when it has
[been] determined that the enforcement thereof would do manifest injustice
and would be contrary to the spirit and purpose of this code or public
interest.
(Ordinance O-15-01-22-7C adopted 1/22/15)
Every decision of the commission shall be final, subject however
to such remedy as any aggrieved party might have at law or in equity.
(Ordinance O-15-01-22-7C adopted 1/22/15)
During the pendency of an appeal to the commission, the ruling
or refusal of the building official shall be in full force and effect.
(Ordinance O-15-01-22-7C adopted 1/22/15)
