(a)
City manager authority.
The city manager or his designee
shall be charged with enforcing the provisions of this chapter.
(b)
Building and code officials.
When the terms “building
official” or “code official” are used in this chapter
or any technical code as adopted and amended herein, such terms shall
mean the building official, except when used in the property maintenance
code of the city, such terms shall mean the code official.
(c)
Unauthorized tampering.
Signs, tags or seals posted
or affixed by the building official or code official shall not be
mutilated, destroyed or tampered with, or removed without authorization
from the building official or code official, as applicable.
(d)
It
shall be unlawful for the owner of any building, dwelling unit or
structure who has received a compliance order or upon whom a notice
of violation has been served to sell, transfer, mortgage lease or
otherwise dispose of such building, dwelling unit or structure to
another until the provisions of the compliance order or notice of
violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the building
or code official and shall furnish to the building or code official
a signed and notarized statement from the grantee, transferee, mortgagee
or lessee, acknowledging the receipt of such compliance order or notice
of violation.
(Ordinance 2022-22 adopted 9/20/22)
(a)
The
building official shall be appointed by the city manager. The city
manager or his/her designee shall have the sole discretion without
cause to reconfigure, reassign re-delegate or dissolve the position
of the building official.
(b)
The
city manager shall have the authority to appoint technical officers,
inspectors, plan examiners and other employees as may be necessary
to enforce the provisions of this chapter. Such employees shall have
powers as delegated by the city manager.
(Ordinance 2022-22 adopted 9/20/22)
The amount of any fee created in this chapter or referenced in the technical codes shall be in the amount specified in the schedule of fees adopted by the city council and attached to this code as appendix A.
(Ordinance 2022-22 adopted 9/20/22)
(a)
Any person who violates any provision of this chapter, including any technical code or any amendment thereto as adopted herein, or who fails to comply with any order, decision or determination of the city manager, the building official, the code official or the construction board of appeals, or any person who owns, occupies or operates, as applicable, any real or personal property, or improvement, fixture or appurtenance thereto, in or on which a violation of this chapter exists, or any architect, builder, contractor, vendor or agent of such owner, occupier, or operator who may have committed or assisted in the commission of any violation of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount as set forth in section 1.01.009(b), and each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.
(b)
Except as provided in subsection (c), an offense under this chapter is punishable by a fine of not less than:
(c)
Any
person who shall perform any work regulated by this chapter after
having been served with a stop-work order to discontinue such work,
excluding work the person is directed to perform by the building official
to remove a violation or unsafe condition, shall be deemed guilty
of a misdemeanor, and upon conviction thereof, shall be subject to
a fine of not less than $500.00.
(Ordinance 2022-22 adopted 9/20/22)
If the building official determines that any work regulated
by this chapter is performed in violation of the provisions of this
chapter or in a dangerous or unsafe manner, the building official
may issue a stop-work order to the owner of the property involved,
to the owner’s agent, or to the person doing the work. Any such
stop-work order shall be in writing and shall state the conditions
under which work is authorized to resume. Where an emergency exists,
the building official may issue a verbal stop-work order. Upon delivery
of a stop-work order to the owner of the property subject to the stop-work
order, to such owner’s agent or to a person performing work
subject to the stop-work order, work covered by the order shall immediately
cease. No person shall perform any work subject to a stop-work order,
except to cure a violation or to correct an unsafe condition.
(Ordinance 2022-22 adopted 9/20/22)
(a)
In
addition to the restrictions contained in the city code of ethics
and employee handbook, employees of the building inspection division
may not have a financial interest in any construction activity within
the city limits or the city’s extraterritorial jurisdiction.
The term “construction activity” includes:
(1)
The preparation of plans, specifications or cost estimates for any
construction work;
(2)
The furnishing of labor, materials or supplies for any construction
work;
(3)
The provision of maintenance or repair services, or replacement parts,
supplies, equipment or appliances for any existing structure;
(4)
The provision of construction consulting or project management services;
and
(5)
The provision of real estate inspection services.
(b)
This
restriction will not extend to an employee’s interest in a residence
owned and occupied by the employee as a homestead. An employee may
not be involved in the plan review, permit issuance or inspections
of any construction work on the employee’s homestead.
(Ordinance 2022-22 adopted 9/20/22)
(a)
A
licensed contractor performing construction work in the city shall
provide the city a copy of his or her State of Texas license, where
applicable, along with a certificate of insurance that meets the requirements
of this subsection. The city will not issue the applicable permit(s),
until it receives the certificate of insurance. A certificate of insurance
shall:
(1)
Be written by a company licensed to do business in the state;
(2)
Provide for commercial general liability insurance coverage for the
builder for claims for property damage or bodily injury; and
(3)
Be in a coverage amount of not less than $300,000.00 for all claims
arising in anyone (1) year period.
(b)
This
section of this chapter does not alter the responsibility of any person
performing any construction activity for damages to anyone or for
performance of a contract. Neither the city nor any city officer or
employee assumes any liability on the basis of an inspection activity
or a license, certificate or permit issued pursuant to this chapter.
(Ordinance 2022-22 adopted 9/20/22)
(a)
Building
accessibility standards and requirements are governed by the Americans
with Disabilities Act (ADA), the Texas Accessibility Standards (TAS),
and any provisions set forth in the codes as adopted herein. Unless
otherwise noted herein, the minimum building accessibility standards
shall be as provided in the ADA and/or TAS.
(b)
Before
a contractor applies for a permit for a building or structure subject
to section 469.101 of the State Architectural Barriers Act, the contractor
shall provide proof that he has registered the construction documents
with the state department of licensing and regulation. proof of registration
consists of the project registration number from the state department
of licensing and regulation.
(Ordinance 2022-22 adopted 9/20/22)
A person shall have the right to make an appeal of orders, decisions or determinations made pursuant to this chapter, except as otherwise provided herein. Such appeals shall be made to the construction board of appeals created pursuant to article 1.02, division 5 of chapter 1 of this code in accordance with the procedures set forth therein.
(Ordinance 2022-22 adopted 9/20/22)
The building official shall take immediate action in accordance
with the decision of the construction board of appeals.
(Ordinance 2022-22 adopted 9/20/22)
