[1]
Editor’s note—Ordinance 2090, exh. A, adopted Oct. 9, 2017, repealed art. I in its entirety and enacted new provisions to read as herein set out. Former art. I, §§ 5-1—5-13, pertained to similar subject matter, and derived from Ordinance 1860, adopted April 12, 2010; and Ordinance 2008, adopted Oct. 27, 2014.
The provisions of this chapter shall be administered by the director, the directors' authorized designee, or the fire chief where applicable.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) 
Any person or entity who 1) violates any of the provisions of this chapter, or fails to comply therewith, 2) commits any act in violation of any code adopted by reference, 3) constructs, alters, repairs, excavates, demolishes, or demolishes by neglect in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, or 4) commits, takes part, directs, or assists in any such violation or who maintains or uses any structure or premises or part thereof in which any violation exists, from which no appeal is taken, shall severally for each and every such violation and noncompliance be guilty of a misdemeanor, punishable by a fine as provided in section 1-5 of this Code. Each day any violation or noncompliance continues shall constitute a separate offense.
(b) 
Any owner or owners of any buildings, premises, or any part thereof, who participates in or knowingly or willingly permits any violation of this chapter, and any architect, engineer, builder, contractor, tenant or agent of any person or corporation employed in connection therewith who assists in the commission of any such violations, shall be guilty of a separate offense punishable by a fine as provided in section 1-5 of this Code.
(Ordinance 2090, exh. A, adopted 10/9/2017)
Any person or entity who shall fail to comply with any provision of this chapter, or who shall commit any of the acts described by this chapter, or be guilty of any of the omissions thereof, shall be liable to injunctive action prohibiting the violation of this chapter and shall be subject to being mandatorily enjoined and shall be liable and responsible for any and all expenses that may be incurred by the city in connection with any such action, omission or other violation, including reasonable attorneys' fees.
(Ordinance 2090, exh. A, adopted 10/9/2017)
The director may give notice to any person or entity who violates this chapter, and such person or entity who receives such notice shall correct all violations alleged in the notice. Failure to correct any such alleged violations shall be subject to penalties under section 5-2 and injunctive relief under section 5-3.
(Ordinance 2090, exh. A, adopted 10/9/2017)
Notwithstanding other sanctions set forth in this chapter, if any of the provisions of this chapter are not complied with, a stop work order in accordance with the adopted codes may be placed on the property and the permit may be revoked or suspended by the director. If a person has not followed the terms, conditions or specifications of this chapter in work done pursuant to a prior permit and such work has not been corrected, new permits may be denied or additional requirements may be imposed.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) 
Work activity including, but not limited to, erection, excavation, demolition, construction, alterations or repairs on any building or other structure, is restricted to the hours of 7:00 a.m. to 8:00 a.m. for work preparation activities, 8:00 a.m. to 5:00 p.m. for actual work activities and 5:00 p.m. to 6:00 p.m. for work cleanup activities and vacation of the site, Monday through Friday.
Exceptions: This subsection shall not apply to the following: (1) Any work performed by the homeowner or business owner without contracted labor or contracted assistance; (2) interior painting and exterior painting performed by a contractor that does not generate noise audible to neighbors; (3) work of any kind performed in an enclosed building by a contractor that does not generate noise audible to neighbors; (4) the servicing of restaurant grease traps and (5) landscaping related activities (excluding earthmoving and structural improvements) performed by a contractor are not subject to this provision, except as section 10-8(e) of the Code of Ordinances may apply to such activities.
(b) 
Limitation on weekend and holiday work activity:
(1) 
There shall be no work activity on weekends or city holidays (see section 2-1 [Official holidays—Listed] or as modified by the city council), save and except for those types of work activity specifically exempted in subsection (a) above.
(2) 
Work activity exempted in subsection (a) above shall not take place on the city holidays of the Fourth of July, Thanksgiving, Christmas and New Year's Day.
(3) 
Hours of work activity set out in subsection (a) above shall apply to said exempted work activity when such work is performed on weekends and permitted holidays.
(4) 
Work that is permissible on weekends and holidays may otherwise be limited by the inability to secure inspections from the city on such days.
(c) 
Unless work activities are specifically exempted in subsections (a) and (b) above, there shall be no work prior to or after the hours listed in subsections (a) or on prohibited days without written permission issued by the director. Permission may be given for work that cannot be performed during the allowed hours and days of construction due to extenuating circumstances that might be detrimental to the property, or for work that would, if delayed, be or create a hazard to public health and safety. Requests for exemption to the authorized hours of construction beyond what is already permitted must be submitted in writing at least three (3) days prior to proposed work request. Requests shall include 1) reason for requested exemption, 2) specific hours/days being requested, 3) number of workers proposed, 4) number of vehicles proposed, and 5) complete scope of the proposed exempted work and tools to be utilized. If granted, a copy of the approved notice must be posted on the property next to the approved building permit and be clearly visible from the public right-of-way.
(d) 
This section of the Code of Ordinances in no way limits or overrides the prohibitions against other violations noted elsewhere in said Code, such as the prohibition against the creation of noise nuisances [section 10-8].
(Ordinance 2090, exh. A, adopted 10/9/2017)
Permits issued under this chapter shall not be transferable from the person or entity receiving the permit to another person or entity without the written approval of the director.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) 
The adopted 2015 International Code Series and the 2014 International Electrical Code Series, provides the minimum standards to safeguard the public safety, health and general welfare by detailing specific code requirements for building, fire, gas, sewer, plumbing, mechanical, and electrical systems alteration or construction. Any person directly affected by a decision or interpretation of the adopted codes by an inspector, the building official or the fire marshal or a notice or order issued under any adopted codes shall have the right to appeal per section 113 of the International Building Code, section R112 of the International Residential Code, section 108 of the International Fire Code, section 111 of the International Property Maintenance Code, section 109 of the International Mechanical Code, section 109 of the International Plumbing Code, section 109 of the International Energy Conservation Code, section 109 of the International Fuel Gas Code, and section 112 of the International Existing Building Code. This section is intended to inform the general public of the formal appeals process included within each adopted code when an agreement cannot be reached through administrative appeal.
(b) 
Administrative appeal shall be to the director or fire chief as applicable, and then if agreement cannot be reached the appeal shall be forwarded by the director or fire chief to the city manager for review.
(c) 
If agreement cannot be reached through the administrative appeal process, the applicant shall have the right to appeal to the board of appeals as described in such codes or equivalent in any code adopted by this chapter. The city manager or city manager's designee in consultation with the mayor shall appoint the board of appeals, consisting of members within the appropriate expertise(s). The board of appeals, as appointed, shall perform the functions required of the board of appeals in such codes or equivalent in any code adopted by this chapter.
(d) 
If the applicant disagrees with the ruling of the board of appeals, the applicant may appeal to the city council for final ruling.
(e) 
Requests for appeal to the board of appeals or thereafter to the city council, requires a written application for appeal be submitted to the director's or fire chief's office within twenty (20) days after the day the previous ruling, decision, notice or order was served or provided. An application for appeal must state and shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or the requirements of the code are adequately satisfied by other means. Any application for appeal shall include code specific related discussion points which provide rebutting information to the original code application, or interpretation.
(Ordinance 2090, exh. A, adopted 10/9/2017)
Any permit or certificate of inspection that the work therein referred to has been installed in conformity with the requirements of the city's codes may not be the basis of any claim against the city because the owner of the premises, the contractor and all other persons concerned shall be obligated to see that all matters, things and acts to which this chapter and such permit or certificate relates shall conform to the regulations of the city.
(Ordinance 2090, exh. A, adopted 10/9/2017)
The provisions of this chapter shall take precedence over those of any other code provision, except chapter 3 zoning, which may contain provisions that are less restrictive than those specified in this chapter. However, nothing contained in this chapter shall mitigate, interfere with, alter or repeal any provisions of any other ordinance of the City of Alamo Heights not in conflict with the provisions of this chapter.
(Ordinance 2090, exh. A, adopted 10/9/2017)
If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any other provision thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) 
Fees for the processing and issuance of plan reviews, permits, inspections, registrations, licenses or certificates shall be reviewed and adopted as needed by city council and listed in the schedule of development fees. A copy of the schedule of development fees shall be kept on file in the director's office.
(b) 
All plan review fees and administrative fees shall be due upon receipt of applications.
(c) 
All remaining balances, if applicable, shall be due upon issuance of any permits, inspections, registrations, licenses, or certificates.
(d) 
In the event that the work for which a permit has been issued as authorized in this chapter has not been started, the director may, upon written request from the applicant to cancel the permit, refund the permit fee, less an administrative charge equivalent to fifteen (15) percent of the permit fee but not less than seventy-five dollars ($75.00).
(e) 
The director shall have the authority to waive or reduce any fees provided for in the adopted schedule of development fees for public agencies, licensees, franchisees, certificated telecommunications providers and contractors which provide the city with construction or other permitted services.
Specifically, the development fees for public school district projects valued at more than five hundred thousand dollars ($500,000.00) shall be reduced by sixty-six (66) percent from the city published total building permit fee and plan review fees. The public-school district costs for outside plan and engineering reviews shall be the actual costs of such reviews plus an administrative fee of three (3) percent. In no case shall trade permit fees and stormwater permit fees be reduced below the city published fee schedule.
(f) 
Certain substantial or complex commercial and multi-family projects may require outside review of plans by engineers, architects, surveyors, attorneys and other professional experts. If the director determines that such outside review is necessary or appropriate, the applicant for a project shall reimburse the city for such outside review prior to the issuance of any certificate of occupancy, license, registration or certificate. Examples of a substantial or complex project would be an apartment project, a shopping center or a multi-story building in which architectural review, engineering review, FEMA review and/or the sale of public property are components of the project.
(Ordinance 2090, exh. A, adopted 10/9/2017; Ordinance 2118 adopted 12/10/2018; Ordinance 2131, sec. 1, adopted 6/10/2019)
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Accessory building or structure(s)
shall mean a structure which is built, constructed, or placed and which is detached from a principal structure on the same tract of land, and customarily incidental and subordinate to the principal structure or use and which does not contain a postal address. Accessory structures include but are not limited to arbors, detached garages, garden utility sheds, decks, detached gazebos, temporary storage facilities, and swimming pools.
Administrative review
is the formal process of reviewing proposed projects through city staff to ensure compliance with all applicable adopted city codes and ordinances.
Authority having jurisdiction
as referenced within the adopted National or International Codes shall refer to the City of Alamo Heights.
Block
shall mean a length of street right-of-way along one (1) side of the street from one (1) intersection to the next adjoining intersection.
Building.
See structure.
Building official
shall refer to the officer or other designated authority charged with the administration, interpretation and enforcement of this chapter.
Building shell
means the architecture of the exterior enclosure of a building, including the framework, the perimeter/exterior walls, the building core and columns, and other structural, load-bearing elements of the building but does not include installation of typical finish out materials such as interior wiring, interior plumbing, mechanical equipment, sheetrock, paint, drop-ceilings, other finish materials not listed.
Certified arborist
means an individual certified by the certified arborist program of the International Society of Arboriculture (ISA).
City
shall refer to the City of Alamo Heights.
City inspector
shall refer to the city's building official, fire inspector, or their designee.
Compatibility
shall mean harmony with the existing neighborhood, site configurations, development patterns, and the character of the development envelope found within the adjacent and immediate block area, as demonstrated in the demolition review application, including roof pitch, scale, massing, garage and driveway location and setbacks. Adjacent and immediate block area shall include but not be limited to all properties along:
(1) 
The specific block where the project is proposed;
(2) 
The block to the each side of the project's block; and
(3) 
The blocks directly across the street of the three (3) blocks identified above.
Contractor,
whether general or tradesman, means any person who sells, constructs, or supervises or manages the construction of, or contracts for the construction of or the supervision or management of the construction of any work as regulated by this chapter.
Critical root zone
means the area measured as one (1) foot of radial distance outward from the trunk for every inch of tree diameter at DBH.
Demolition
shall mean any intentional or unintentional act of dismantling, pulling down, destroying, removing, razing or moving a structure or any structural portion thereof, or commencing the work of moving or of total or substantial destruction of a structure or portion thereof. For the purposes of demolition review as described in article IX, demolition is defined quantitatively as:
(1) 
Removal or encapsulation of more than twenty-five (25) percent of the framed structure of exterior walls facing public streets, or a street-facing elevation if the tract of land is landlocked; or,
(2) 
Removal or encapsulation of more than fifty (50) percent of the framed structure of all exterior walls and/or roofs.
Exception: Minor repair and routine maintenance.
Those activities which constitute ordinary repair and maintenance include but are not restricted to:
a.
Repair using the same material and design as the original;
b.
Repainting, using the same color; and
c.
Reroofing, using the same type and color of material.
Demolition review
shall mean the public process of presenting proposed demolition and/or replacement projects to the architectural review board and/or city council. (See also definitions for demolition, significance, and compatibility).
Department of community development
shall refer to the department which administers 1) permits, 2) plan reviews, 3) building, trade, and health inspections, 4) applications and processes for boards and commissions review, and 5) special events. This department shall act as the department of building safety as described in the adopted building codes.
Diameter at breast height (DBH)
means diameter (diameter = circumference divided by pi or approximately 3.142) at breast height of a tree trunk measured at a height of four (4) feet and six (6) inches above natural grade.
Director
shall refer to any director, chief, or their designee as assigned by the city manager.
Drainage type
shall mean the following:
(1)
Type A means all drainage flow for a property is designed to flow towards the front property line and to a point of discharge at the street or right-of-way.
(2)
Type B means all drainage flow for a property is designed to split and flow both to the front property line and the rear property line and to points of discharge at the street, alley, or right-of-way.
(3)
Type C means all drainage flow for a property is design to flow towards the rear property line and to a point of discharge at the street, alley, or right-of-way.
Earth fill
shall mean raising grade by means of filling in excess of three (3) feet above natural ground level at any point. Maximum slope for earth fills shall not exceed a ratio of three (3) to one (1), a rise of one (1) foot height to three (3) foot horizontally.
Encapsulation
shall mean to enclose, cover up, or build over the top of an existing structure whether the existing structure to be covered is removed or not.
General contractor
shall refer to any person who shall oversee, supervise, manages, or aids in construction as regulated by this chapter and who is responsible for multiple tradesman.
Heritage tree
shall mean any tree or shrub which meets the minimum trunk size requirements as defined in section 5-152 of this chapter.
Improvement
shall mean any of those things which require a permit, such as buildings (either permanent or temporary), land development, concrete or asphalt paving, swimming pools, fences, retaining walls, earth fill, or excavation and landscaping.
Main building or structure(s)
shall mean a principal structure(s) which contains the primary occupancy or use and includes a postal mailing address.
Material improvement
shall mean a modification to an existing building that either increases or decreases the building's total square footage or modifies a buildings foundation, exterior walls, or structural roof components.
Minor repairs
shall include but not be limited to improvements which do not pose a potential hazard to the general public, or occupants of a structure and which do not require verification through inspection for compliance with any adopted code or this chapter.
Municipality
as referenced within the adopted National or International Codes shall refer to the City of Alamo Heights.
Oak wilt
means a fungus that attacks oak trees by plugging water-conducting vessels, reducing flow of water up the stem of the tree, often causing leaves to wilt and fall prematurely and can travel up to seventy-five (75) feet in every direction to affect other oak trees.
Owner
means any person, agent, operator, firm, trust, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Permanent foundation
shall refer to any underlying or substructure for a framed structure above which support the exterior walls.
Person
shall include any contractor, business, corporation, partnership, owner, or other entity as well as an individual.
Premises
shall mean a lot, plot or parcel of land including any structure thereon.
Reactive complaint investigation
shall mean an investigation in which the city conducts in reaction to a complaint.
Registered tree service vendors
means private businesses that provide tree services to property owners and are registered with the City of Alamo Heights.
Routine maintenance
shall mean simple, small-scale activities associated with regular (daily, weekly, monthly, etc.) maintenance and general upkeep of a building (reference section 5-50(c)).
Significant structure
shall mean any structure or portion thereof that in whole or in part meets one (1) or more criteria in section 5-134(h), and has been so determined by the city council.
Stormwater and drainage plan (SDP)
means the drainage and stormwater management plan which provides all necessary plan sheets, profiles, hydraulic calculations, culvert pipe size and locations, detention basin, and all other necessary information which has been prepared, sealed and signed by a registered professional engineer for a particular residential, commercial, or industrial development.
Structure, main or accessory,
shall mean anything built or constructed, whether above or below grade, which is occupied or intended for supporting or sheltering any use or occupancy.
Tradesman
shall refer to any person who shall oversee, supervise, manage, or aid in construction, as regulated by this chapter, but who shall act under a single function such as mechanical, electrical, plumbing, landscaping, roofing, and general maintenance work but does not include individual laborers.
(Ordinance 2090, exh. A, adopted 10/9/2017)