The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Terms not defined in this section shall have the meaning customarily assigned to them.
Accessory building or accessory structure.
A building or structure, the activity or function of which is clearly integral to, or customarily incidental and subordinate to, the permitted use of the main or principal building/structure on the same lot, such as an air-conditioning and heating unit; cabana; carport; domestic quarters; a wall used as a front-yard fence; garage; greenhouse; guesthouse; sports court; swimming pool; tool shed; wood shed; workshop; and the like. This definition does not include propane tanks. (See also the definition of structure in this section).
Alterations.
Any change, addition or modification in construction, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.”
Approved.
Having the approval of the city inspector as the result of an investigation and tests conducted by him or by reason of accepted principles or tests by national authorities, technical or scientific organizations; or having the approval of the appropriate enforcement official of the city as being in compliance with the standards and requirements of any code or ordinance of the city which applies specifically to the item in question; or other customary approvals reserved to the city by state law or city ordinance.
Building.
Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building.
Building line.
A line formed by the face of the building, and for the purposes of this article, a front building line is the same as a front setback line.
Certificate of completion.
Issued by the city to the contractor for successful completion of work proposed and submitted all necessary document as required by the city.
Certificate of occupancy.
A certificate issued by the city inspector upon the satisfactory completion of operations authorized by the city’s building permit.
City inspector.
The city official, also referred to as the building inspector, appointed by the city council with the duty of processing all building permit applications, including inspections of construction, the duty of sanitary inspection in accordance with article 18.03, division 3, and such other duties as may be assigned.
Commercial building.
Any building or structure used or designed to be used, in whole or in part, for retail or wholesale business, industrial, manufacturing, storage, religious, educational, amusement or entertainment, health, professional, scientific, office or other business purposes. Nonresidential buildings include “commercial buildings.”
Commission.
The zoning and planning commission of the city.
Construction.
Any clearing of land, excavation, or other action that would adversely affect the natural environment of the site but does not include uses in securing survey or geological data including necessary borings to ascertain subsurface conditions.
Design professional.
An architect, landscape architect or interior designer registered with the state.
Destroy.
To ruin the structure or condition of a thing; to demolish or injure beyond the possibility of its intended use or purpose.
Dwelling.
Any building or any portion thereof which is not an “apartment house,” or “lodginghouse,” which contains one or more “dwelling units” or “guestrooms,” used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes.
Dwelling unit.
A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Enclosure device.
A continuously joined structure which is constructed so as not to have any openings, holes or gaps larger than four inches in any dimension except for doors and gates, including but not limited to fences, walls, buildings, or similar constructions.
Engineer.
Professional engineer licensed with the state.
Erected.
Built, constructed, altered, reconstructed, poured, laid, moved upon or any physical operations on the premises which are required for construction. Excavation, site clearance, land fill and the like shall be considered a part of erection.
Erosion.
The process by which the ground surface is worn away by the action of wind or water and material therefrom is carried, or is likely to be carried, across any property line in significant quantities.
Excavation.
Any breaking of ground, digging, scooping or other method of removing earth materials, except common household gardening and ground care.
Family.
An individual, or two or more persons related by blood, marriage, or adoption, or a group not to exceed three persons not all related by blood, marriage, or adoption, occupying the premises and living as a single, nonprofit housekeeping unit.
Fence.
An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. This term does not include retaining walls.
Filling.
Any depositing or stockpiling of earth materials.
Fire flow.
The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, that is available for firefighting, as defined by appendix B of the 2012 International Fire Code (“IFC”). The city has properly adopted the IFC and appendix B of the IFC.
Floor area.
The sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior structural walls for the purpose of computing the minimum allowable floor area in a structure. The floor area measurement is inclusive of outdoor areas covered by a roof projection attached to the main structure and is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed porches.
Garage or carport, private.
An accessory building for parking or storage of not more than that number of vehicles as may be required in connection with the permitted use of the principal building.
Grade.
A ground elevation established for the purpose of regulating the number of stories and the height of the building. The ground grade shall be the level of the ground adjacent to the walls of the building if the natural grade is level. If the ground is not entirely level, the grade shall be finished ground grade as it existed after construction, excavation or grading.
Grading.
Any act by which soil, rock, or mineral matter is cut into, dug, quarried, uncovered, removed, displaced or relocated and includes the removal of vegetative cover, excavation and land balancing.
Habitable building.
Any room meeting the requirements of this article for sleeping, living, cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
Height.
The vertical distance measured from the calculated average natural grade (see section 22.03.279) for any separate and distinct structure to the highest point on that structure, excluding any functional roof appurtenances (see section 22.03.279(e)).
Horizontal infrastructure.
Any improvement necessary for a site, besides the construction or erection buildings. Examples of horizontal infrastructure may involve, but are not limited to, roads, sidewalks, utilities, retaining walls over four (4) feet in length and drainage improvements.
Hot water.
Water at a temperature of not less than 120 degrees Fahrenheit.
Impervious cover.
See section 1.01.003.
In the city.
All territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police, regulatory and other powers.
Infestation.
The presence, within or contiguous to a dwelling, dwelling unit, roominghouse, rooming unit, or premises, of insects, rodents, vermin, or other pests.
Kitchen.
A room used or designed to be used for the preparation of food.
Litter.
Any quantity of paper, metal, plastic, glass or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage or junk not placed in a solid waste container.
Lot.
A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this article. A lot may or may not be specifically designated as such on public records. Prior to connection of utilities, an unplatted lot must be platted.
Lot area.
The total horizontal area within the lot lines of a lot.
Lot coverage.
That part or percent of the lot occupied by buildings, including accessory buildings, and other impervious cover.
Lot depth.
The horizontal distance between the front and rear lot line measured along the median between the side lot lines.
Main building.
A building in which is conducted the principal use of the lot upon which it is situated.
Minimum open space.
The percentage of lot area or tract area which must be maintained in living vegetation.
Mirrored glass.
Is glass having a reflectivity factor of 20 percent or greater.
Mobile home.
A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or jacked up or skirted.
Natural grade or natural ground grade.
The elevation of the natural, existing and undisturbed surface of the ground as indicated on a field topographical survey showing one foot contour lines as determined by a surveyor or engineer registered in this state.
Nonconforming structure.
Any structure which does not conform to the provisions of this article but which was lawfully erected prior to December 9, 1992.
Nuisance.
The following shall be defined as nuisances:
(1) 
Any public nuisance known at common law or in equity.
(2) 
Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building or upon an occupied lot. This includes, but is not limited to, any abandoned wells, shafts, cellars, basements or excavations, abandoned refrigerators and motor vehicles, or lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.
(3) 
Whatever is dangerous to human life or is detrimental to health.
(4) 
Overcrowding or occupancy in violation of this article.
(5) 
Insufficient ventilation or illumination.
(6) 
Inadequate or unsanitary sewerage or plumbing facilities.
(7) 
Uncleanliness.
(8) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(9) 
Divergence of runoff to other private or public property.
Off-street parking lot.
A facility other than for single-family dwellings providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
Owner.
Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of a structure, building or land.
Parking space.
An area of definite length and width; such area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
Permit.
The term as defined by Texas Local Government Code chapter 245, as may be amended.
Person.
An individual, proprietorship, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
Personal property.
Every species of property, except real property as defined in this section.
Preconstructed or used structure or part thereof.
A preconstructed or used building or other used structure is defined as a building 50 percent of the square feet of which, excluding porches, garages, or carport, consists of preexisting structural or used components.
Private property.
Includes, but is not limited to, the following locations owned by persons: structures, yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
Private residential pool.
Any swimming pool, wading pool or soaking-hot tub, situated on any premises as an appurtenance to a dwelling for the use of the residents or guests of the residents of such dwelling.
Property.
Real and personal property.
Public pool.
(1) 
Any swimming or wading pool owned or operated by the city, county, state, United States, or any public agency; or
(2) 
Any privately owned swimming pool, wading pool or soaking-hot tub serving a private club, motel, hotel, apartment building, duplex, or other similar structure or organization, the use of which is limited to members or residents and their guests.
Public property.
Includes, but is not limited to, the following locations: structures, streets, street medians, roads, road medians, catchbasins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, schoolgrounds, municipal vacant lots, and municipal waterways.
Real property.
Lands, tenements and hereditaments.
Repair.
The reconstruction, renovation or renewal of any part of an existing building for the purpose of its maintenance. Such term shall not apply to any change or construction, alteration, or additions to a building other than for the purpose of reconstruction, renovation or renewal.
Roadway.
That portion of a highway improved, designed, or ordinarily used for vehicular travel. Roadway includes “street.”
Rubbish.
All combustible and noncombustible waste, except garbage.
Setback.
The distance required to obtain the front, side or rear yard open space provisions of this article or other ordinances.
Site plan.
See section 1.01.003.
Site plan elements.
Includes building location; building sizes; architectural character; parking plan; lighting plan; landscape plan; traffic flow plan; impervious cover; tree survey; signage; stormwater drainage; sedimentation and filtration plan; effluent disposal system; fire flow (in gallons per minute); and site disturbance.
Solid waste containers.
Any city-approved metal, heavy-duty paper or plastic receptacles used for the disposal and storage of solid waste, including litter, rubbish and garbage.
Start of construction.
Construction is deemed to have commenced once forms for the slab have been installed, per city-approved plans.
Stop-work order.
See section 22.03.046.
Structure.
Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground.
Substantially ceased.
No inspections have been completed and minimal progress has been made to reach the next inspection requirement, as determined by the building official, within 180 days from the last required inspection.
Swimming pool.
Any artificial structure or excavation, either indoors or outdoors, used or suitable to be used for bathing or swimming purposes, together with buildings, equipment and appurtenances used in connection therewith.
Temporary storage unit.
A container utilized for portable moving and self-storage, including containers commonly known as PODS®, U-PACK Moving®, Mobile Mini®, and Smart Box®. This term does not include roll-off containers.
Temporary use or building.
A use or building permitted by the city to exist during periods of construction of the main building or for special events.
Traffic impact analysis.
An analysis of the impact a proposed development may have on the adjacent roadway network. A traffic impact analysis will be required if the peak hour trips exceed 200 vehicles. City of Austin submittal requirements as outlined in section 2 of the Transportation Criteria Manual shall be followed.
Trailer coach.
Any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
Transmission or distribution line.
A conductor of electrical energy or water or gas, or communication service and associated facilities including telephone transmission or distribution lines.
Uniform building code or building code.
Any applicable state, national, or International Building Code to the extent adopted by the city.
Used structure.
A structure which has been previously used as a building at a different site.
Variance.
A form of approval granted by the board of adjustment (BOA) or city council to modify the literal application of regulations, or waiving all or certain provisions of this code. It is an adjustment in the application of the specific regulations to a particular parcel of property which is necessary to prevent the property from being deprived of certain rights and privileges, because of special conditions or circumstances of hardship peculiar to the particular parcel.
Window.
A glazed opening, including glazed doors, which open upon a yard, court or recess from a court, or a vent shaft open and unobstructed to the sky.
Written or in writing.
Any representation of words, letters, or figures, whether by printing or otherwise.
Yard.
The open space on the same lot with a main building, unoccupied and unobstructed by structures from the ground upward, except as otherwise provided in this article and as defined herein.
(1) 
Front yard.
An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
(2) 
Rear yard.
An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
(3) 
Side yard.
An open space between any building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the main building.
(Ordinance 361 adopted 3/28/18; Ordinance 2020-005 adopted 5/13/20; Ordinance 2024-017 adopted 10/23/2024)
The purpose of this article is to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use, occupancy, location and maintenance of all buildings and structures within the city and certain equipment specifically regulated herein.
(Ordinance 361 adopted 3/28/18)
(a) 
The provisions of this article shall apply to the construction, grading, excavation, site clearance, alteration, moving, demolition, repair and use of any building or structure within the city and work located in a public way, public utility towers and poles, hydraulic flood control structures, site clearance and transmission lines.
(b) 
Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in the International Fire Code, International Residential Code and Uniform Plumbing Code.
(c) 
Where, in any specific case, different sections of this article specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(Ordinance 361 adopted 3/28/18)
(a) 
Liquefied petroleum gas regulation. The city adopts the Liquefied Petroleum Gas Safety Rules adopted by the Texas Railroad Commission, as amended ("LPG Safety Rules") pursuant to the Texas Natural Resources Code. All city ordinances or parts thereof regulating or purporting to regulate liquefied petroleum gas, if any, shall be construed consistent with the LPG Safety Rules. All city ordinances or parts thereof regulating or purporting to regulate liquefied petroleum gas that conflict with the LPG Safety Rules are superseded by this provision of the Code of Ordinances.
(b) 
General. Whenever regulations or restrictions imposed by this article are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules, or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this article, no structure shall be erected, placed, or maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(Ordinance 361 adopted 3/28/18; Ordinance 2024-004 adopted 4/24/2024)
(a) 
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, blast, excavate, grade, convert, equip, use or occupy, or maintain any building or structure or portion of any building or structure in the city contrary to or in violation of any pertinent provisions of this article or to cause, permit or suffer the same to be done.
(b) 
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this article is committed, continued or permitted and upon the conviction of any such violation, such person shall be punishable by a fine of not more than $2,000.00, except where otherwise provided in this article.
(c) 
Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violation of this article.
(Ordinance 361 adopted 3/28/18)
Every building erected after the effective date of Ordinance 155-I or moved shall be on a lot adjacent to a public street, or with access to an approved private street.
(Ordinance 361 adopted 3/28/18)
No structure shall be erected and no vegetation shall be maintained in the area of a corner lot between the sidelines of the intersecting streets and a straight line joining points on such sidelines ten feet distance from their point of intersection, which materially obstructs safe visibility for vehicular traffic. No structure shall be erected and no vegetation shall be maintained along sinuous streets which materially obstructs safe visibility for vehicular traffic.
(Ordinance 361 adopted 3/28/18)
(a) 
Landscaped buffer strips required.
All lots, or parts of lots, which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential district or use, shall be screened from such residential district or use by landscaped buffer strips or other such screening in such lots and along such side or rear lines thereof as shall be approved by the city council.
(b) 
Screen planting generally.
Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. Such landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and size as will produce a screen at least five feet in height within two growing seasons, so as continually to restrict a clear view beyond such buffer strip.
(c) 
Height of planting.
The required height of the screen shall be measured from the elevation of the edge of the adjacent area to be screened. In cases where the elevation of the planting location is less than the elevation of the edge of adjacent area, the required height of the screen shall be increased in an amount equal to such difference in elevation. In cases where the elevation of the planting location is greater than that at the edge of the adjacent area, the required height of the screen may be reduced in an amount equal to such difference in elevation; provided, that in no case shall the required height be reduced more than two feet.
(d) 
Width, maintenance of buffer strip.
The buffer strip shall be at least ten feet in width at all points and shall be graded and furnished with appropriate ground cover and such other shrubbery or trees as may be desired by the owner. It shall be maintained and kept clean of all debris and rubbish.
(e) 
Replacement of dead plantings.
Required buffer plantings shall be replaced from time to time as they die and within one year after they die.
(f) 
Installation of plantings or performance guarantee prerequisite for certificate of occupancy.
No certificate of occupancy for premises upon which such screening is required shall be issued until such time as the landscaping requirements as set forth in this section are installed, or, if the season is not appropriate for such installation, until a performance guarantee is posted with the city in an amount equal to the estimated cost of such landscaping installation. The certificate of occupancy is subject to suspension or revocation if required landscaping is not maintained in accordance with the approved site plan or previous agreements with the city.
(g) 
Substitution of fence or wall for plantings.
In required buffer areas where a natural buffer strip is deemed impracticable or inappropriate, a suitable screening wall or fence may be substituted, as approved by the city council.
(Ordinance 2020-014 adopted 10/14/20)
(a) 
Purpose.
To help alleviate the growing energy shortage and lessen the reliance on increasingly uncertain power sources, it is the purpose of this section to encourage the use of solar energy for space heating and cooling in buildings and for heating water.
(b) 
Permitted uses.
The use of solar energy devices for the purpose of providing energy is a permitted use within all zones, either as a part of a structure, or an independent structure. Solar energy devices shall be subject to the setback and height limitations affecting dwellings, garages, and other major improvements.
(c) 
Variances.
Variances shall be granted from restrictions such as heights, setback and lot density where such variances are reasonable and necessary to assure unobstructed access to direct sunlight. Variances shall not be granted which would cause an unreasonable obstruction of direct sunlight to adjacent property if there is a reasonable probability of utilization of passive or active solar radiation on such adjacent property.
(Ordinance 361 adopted 3/28/18)
Storage structures for solid waste containers are required in all zoning districts and the design shall be approved in advance by the city. The property owner or occupant is responsible for providing rigid tamperproof garbage containers, and trash shall be confined within these containers.
(Ordinance 361 adopted 3/28/18)
Satellite dish antennas are permitted within the city provided that antennas do not exceed one (1) meter in diameter and are located within the setback lines, are painted an earthen color so as to blend in with the natural landscape, and are not visible from any public street. A variance may be granted to the visibility requirement if use of the satellite is impossible or substantially impaired at any location on the property that would be shielded from view. As a condition for obtaining such a variance, the visual impact of the satellite dish antenna must be minimized with painting, screening, or other measures.
(Ordinance 361 adopted 3/28/18)
(a) 
It is an offense to place or allow to be placed a temporary storage unit on any public street.
(b) 
It is an offense to place a temporary storage unit on any property within the city for a period longer than 72 continuous hours. Extensions of up to 90 days may be approved by the city inspector when incident to a valid building permit.
(Ordinance 361 adopted 3/28/18)
Glass having a reflectivity factor of 20 percent or greater (mirrored glass) shall not be used on any structure. The use of metallic or shiny roofing, siding, glass or other exterior building materials producing reflective glare or heat that may interfere with traffic upon city streets or that may be evident beyond property lines is prohibited. Samples of metallic, reflective, or shiny exterior building materials shall be provided to the city inspector before installation and such materials shall not be installed if the city inspector judges these materials to be in violation of this section of this code. Any new metallic, reflective, or shiny exterior materials installed after August 31, 2005, and judged to be in violation of this section of this code shall be dulled, painted, or removed so as not to affect any other property.
(Ordinance 361 adopted 3/28/18)
(a) 
Use or occupancy.
No building or structure shall be occupied, and no change in the existing occupancy classifications of a building or structure or portion thereof shall be made until the city inspector has issued a certificate of occupancy therefor.
(b) 
Change in use.
Changes in the character or use of a building or structure shall not be made except as specified in city adopted codes.
(c) 
Certificate issued.
After final inspection when it is found that the building or structure complies with the provisions of this article, the city inspector shall issue a certificate of occupancy which shall contain the following:
(1) 
The use and occupancy for which the certificate is issued.
(2) 
A certification that the building or structure complies with the provisions of this article.
(3) 
The permit number of the building or structure.
(4) 
The address of the building or structure.
(5) 
The name and address of the owner.
(6) 
A description of that portion of the building or structure for which the certificate is issued.
(7) 
A statement that the described portion of the building or structure complies with the requirements of this article for group and division of occupancy and the use for which the proposed occupancy is classified.
(8) 
The name of the city inspector or city administrator.
(d) 
Temporary certificate.
A temporary certificate of occupancy may be issued by the city inspector or city administrator for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure.
(Ordinance 361 adopted 3/28/18)
Noise emanating from construction projects shall be subject to the limitations in section 12.02.001 et seq. and the zoning ordinance, as amended.
(Ordinance 361 adopted 3/28/18)
(a) 
Upon completion of any or all activity authorized by any permit on any public street or if a permit is revoked, the permit holder shall immediately commence operations to restore the activity area within the street to its proper condition, such work to be completed within 24 hours. In addition, except as required to restore the activity area to its proper condition, the permit holder shall remove all equipment, materials, trash and debris from the street. The street, including any right-of-way, shoulders and borrow ditches, shall be restored to a condition at least as good as that existing before the permit holder’s activities commenced.
(b) 
If such restoration is not completed as directed by the city inspector, the city shall be authorized, at its election, to take charge of the work and restore the premises to their proper condition and shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the city in restoring the premises, including, but not limited to, the cost of labor, materials, overhead, rental of any equipment used by the city in restoring the premises and attorneys’ fee; and for such purposes, the city shall have a right to recover directly upon any bond posted by or on behalf of the permit holder in favor of the city, securing compliance with the ordinances of the city in the performance of such work.
(Ordinance 361 adopted 3/28/18)
(a) 
For the purpose of this section any construction material located within 300 feet of any construction site shall be presumed to be from that construction site. Construction material includes any broken or discarded material, machinery, trash, litter, rubbish, brush, garbage, paper, debris and concrete.
(b) 
The holder of any permit granted under this article shall, at the conclusion of each day’s activities, collect, remove, and place in an appropriate solid waste container all broken or discarded construction material. The permittee shall likewise collect, remove and place in an appropriate solid waste container all broken or discarded construction material from the construction site which has accumulated on any adjacent public or private property. No construction material shall be destroyed by burning in the city.
(c) 
If such cleanup is not accomplished to the satisfaction of the city inspector, the city may elect to do any one or more of the following:
(1) 
Issue a stop-work order until the site and adjacent public and private property is free of any discarded material, machinery, trash, rubbish, garbage, paper, debris and concrete. When a stop-work order is issued an administrative fee as provided in appendix A to this code shall be charged and paid by the general contractor before a start work order can be issued. No other work will be allowed except the cleanup. Once the city inspector has approved the cleanup of the area, he may verbally issue a start work order;
(2) 
Take charge of the work and clean up the premises to its proper condition. The city shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the city in cleaning up the premises and adjacent public and private property, including but not limited to cost of labor, materials, overhead, rental of any equipment used by the city in cleaning up the site and attorneys’ fees, and for such purposes, the city shall have a right of action against any bonds in effect running from the holder of the permit to the city, conditioned upon compliance with the ordinances of the city; and/or
(3) 
Suspend and/or revoke the permit.
(Ordinance 361 adopted 3/28/18)
(a) 
No site plan shall be approved unless the existing fire hydrant nearest to the property for the proposed site plan meets or exceeds the fire flow requirements in accordance with appendix B of the 2012 International Fire Code, as amended and adopted, and section 8.04.002 of this code. All testing associated with this demonstration shall be performed by the county emergency services district No. 9 and shall be valid for a 270-day period.
(b) 
The city inspector shall order all construction and development work stopped on any site upon which the city inspector finds a substantial violation of this section and shall post the premises with a stop-work order which shall remain in effect until the violation has been corrected.
(Ordinance 361 adopted 3/28/18)