(a)
Tampering with posted signs, tags or seals.
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.
(b)
Duties of owner upon sale or other disposal of building.
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.
(c)
Work on homestead; engineer’s or architect’s certification.
(1)
A permit shall not be required for work on a homestead, provided
the owner provides proof to the building official stating that he/she
owns and presently occupies the existing building as his/her homestead
and certifies he/she will do the work with his/her own hands; however,
in no circumstance shall work create or constitute a danger to life
or safety.
(2)
Any documents prepared by or required to be prepared by a licensed
or registered design professional shall bear the professional’s
seal. The seal shall bear the professional’s name and the legend
“Licensed Professional Engineer,” “Registered Professional
Engineer” or “Registered Architect.” The design
professional shall be an architect or engineer legally licensed or
registered under the Texas statutes that regulate the practice of
architecture or engineering. The design professional shall be an architect
or engineer legally licensed or registered under the Texas statutes
that regulate the practice of architecture or engineering, as applicable.
(d)
Affidavit by architect or engineer.
The building official
may accept an affidavit from a registered architect or engineer stating
that the plans submitted conform to the technical codes. For buildings
and structures, the affidavit shall state that the plans conform to
the laws as to egress, type of construction and general arrangement
and, if accompanied by drawings, show the structural design and that
the plans and design conform to the requirements of the technical
codes as to strength, stresses, strains, loads and stability. The
building official may without any examination or inspection accept
such affidavit, provided the architect or engineer who made such affidavit
agrees to submit to the building official copies of inspection reports
as inspections are performed, and upon completion of the structure,
electrical, gas, mechanical, and plumbing systems, a certification
that the structure, electrical, gas, mechanical, and plumbing system
has been erected in accordance with the requirements of the city’s
adopted codes. Where the building official relies upon such affidavit,
the architect or engineer assures and assumes full responsibility
for the compliance with all provisions of the technical codes and
other pertinent laws or ordinances.
(e)
Payment of fees and costs.
No certificate of occupancy
will be issued until the city has been fully paid all fees and costs
that are related to the building or structure. The fees and costs
include those related to the infrastructure of the building, such
as impact fees and fees for the installation of water meter and water
and wastewater connections.
(f)
Certificate of occupancy required.
It is unlawful for
a builder, building contractor, or building owner to allow any person
to occupy a building until a certificate of occupancy is issued. Occupancy
without an active certificate of occupancy will be subject to the
penalty provisions of this chapter.
(g)
New certificate of occupancy for nonresidential building.
Before utility service to a nonresidential building is initiated
for a new owner, occupant or tenant, the owner, occupant, or tenant
shall apply for and obtain a new certificate of occupancy from the
building inspection division.
(h)
Design of foundations.
The city will recognize and enforce
the Recommended Practice for the Design of Residential Foundations
Version 1 (2002 edition) by the Texas Section, American Society of
Civil Engineers. All load-bearing slab-based foundations on grade
will be required to be designed by a Texas state certified professional
engineer.
(i)
Driveways, sidewalks and approaches to street.
(1)
Dowels.
Driveways, sidewalks, and approaches must be
dowelled together. The approach to the street must be dowelled a minimum
of every twenty-four (24) inches to the street curb. The driveway
to the home must be dowelled a minimum of every twenty-four (24) inches
to the home. Driveway expansion joints must be dowelled every twenty-four
(24) [inches]. Sidewalk expansion joints must have a minimum of two
(2) dowels at each joint.
(2)
Driveway construction requirements.
(A)
The contractor is responsible for all repairs to any asphalt that
may be removed or damaged in the street while removing the curb and
gutter.
(B)
The driveway, except the driveway apron, shall be constructed of
one of the following improved surfaces:
(i)
Four (4) inches of reinforced (elevated welded wire fabric 6-inch
x 6-inch) Portland cement concrete;
(ii)
Five (5) inches of granular rock base with two (2) inches of
asphaltic concrete;
(iii)
Seven (7) inches of granular rock with a double asphaltic prime
and seal;
(iv)
Five (5) inches of full depth asphaltic concrete/engineered
blacktop;
(v)
Four (4) inches of reinforced (elevated #3 rebar 16 inches x
16 inches) Portland cement concrete.
(j)
Concrete reinforcement.
All driveways, sidewalks, and
non-load-bearing patios shall have a minimum of 6 x 6 #10 wire mesh
reinforcing steel placed before concrete.
(k)
Building foundation slabs to be designed by registered engineer.
Any concrete slab in excess of four hundred (400) square feet
shall be designed, sealed and stamped by a current State of Texas
registered engineer. This refers to building foundation slabs only.
Driveways, sidewalks, and patios are not required to be engineered.
(Ordinance 2022-05.25-02, sec. 3.01.001,
adopted 5/25/2022)
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 2022-05.25-02, sec. 3.01.002,
adopted 5/25/2022)
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 section. The city will not issue the applicable
permit(s) until it receives the certificate of insurance.
(Ordinance 2022-05.25-02, sec. 3.01.003,
adopted 5/25/2022)
(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 2022-05.25-02, sec. 3.01.004,
adopted 5/25/2022)
(a)
Generally.
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 board of appeals.
(b)
City council to serve as board of appeals.
In order
to conduct public hearings and to hear and decide appeals of orders,
decisions or determinations made by the code official or building
official relative to the application and interpretation of this chapter,
the city council shall serve as the board of appeals to pass upon
matters pertaining to building standards. The board of appeals may
adopt rules of procedure for conducting its business and shall render
all decisions and findings in writing to the property owner and lienholders,
with a duplicate copy to the code official. Appeals to the board shall
be processed in accordance with the provisions established by this
chapter.
(Ordinance 2022-05.25-02, sec. 3.01.005,
adopted 5/25/2022)
(a)
Permit required; issuance.
Permits shall be obtained
prior to beginning work on any site or existing building or structure.
No building shall be moved within the city limits or into the city
limits and no structure removed, partially or wholly, or site work,
including clearing, fills or excavations, begun without completion
of all requirements for a permit. A permit shall be issued upon meeting
the requirements of the application, completion of the relevant requirements
and the payment of required fees and deposits.
(b)
Hours of work.
The work done under a permit shall be
performed between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, and notice shall be provided twenty-four (24) hours prior
to work commencing. If work cannot be accomplished during this timeframe,
special arrangements must be made at an additional cost.
(c)
Duration of permit.
The work permit shall be valid for
ten (10) working days from the date of issue and may extend for an
additional ten (10) days if a written request for extension is received
prior to the expiration.
(d)
Inspections required.
Any single-family home (excluding
modular and/or manufactured homes) being moved into or within the
incorporated city limits shall first be inspected by a competent third-party
inspector and a report generated and submitted with the permit application.
(1)
Contents of report.
The required report shall contain
the scope of work required to bring the structure into compliance
with the adopted building codes currently being enforced by the city
building department.
(2)
Competent third-party inspector definition.
For the
purpose of this section, a “competent third-party inspector”
shall meet the following requirements:
(e)
Police escort required.
Moving a structure for which a permit is required shall require a police escort by the city police department within the corporate limits of the city. The number of police officers and equipment needed for said escort shall be determined by the chief of police of the city police department. A deposit of 100% of the estimated cost of the police labor and equipment shall be made prior to any police escort, in compliance with department policies. Evidence of a deposit in the appropriate amount shall be required prior to any permit issuance in compliance with subsection (a) above. Costs of labor and equipment shall be set by a separate fee ordinance of the city.
(Ordinance 2022-05.25-02, sec. 3.01.006,
adopted 5/25/2022)
Moving shall include the removal, placement, or transit of a
structure of any size, except as provided by subsection (2) below,
inside the city limits.
(1)
If
special arrangement for relocation of utility lines is necessary,
notice must be provided to the appropriate entity.
(2)
No
moving permit shall be required for a structure without electricity
or plumbing of two hundred (200) square feet or less.
(3)
No
substandard buildings or structures shall be allowed or permitted
to be moved into the city limits.
(4)
No
unsafe or hazardous buildings, structures or containers shall be allowed
to be moved into the city limits.
(5)
Permits
to move a building or a structure into the city limits shall first
meet all the requirements of the city’s zoning ordinances and
regulations.
(Ordinance 2022-05.25-02, sec. 3.01.007,
adopted 5/25/2022)
For the purpose of this article, clearing of trees and brush,
excavation, or placement of soil, spoils or other materials that requires
mechanized equipment shall require a permit 24 hours prior to commencement.
(1)
A
site development permit shall be required if the site is one acre
(1) or more in size and requires a stormwater management pollution
prevention program (SWPPP) as required by state and local regulations.
(2)
A
site development permit may be required prior to commencing work if
drainage, grading or other issues require.
(3)
Proper
disposition of all debris shall be documented on the permit, including
the locale of dumping of spoils.
(4)
A
site development permit may be required if spoils are dumped within
the city limits.
(5)
No
burning shall be allowed without notification to and approval by the
fire department.
(Ordinance 2022-05.25-02, sec. 3.01.008,
adopted 5/25/2022)
No permit shall be issued to move a structure into, out of,
or within the incorporated city limits without proof of general liability
insurance with a minimum aggregate amount of five hundred thousand
dollars ($500,000.00) having been submitted.
(Ordinance 2022-05.25-02, sec. 3.01.009,
adopted 5/25/2022)
(a)
Minimum standards.
All buildings or structures moved
into or within the incorporated city limits shall be considered new
construction and, subsequently, shall meet the currently adopted building
codes of the city. These requirements shall apply equally to any previously
constructed buildings which are moved within or into the city. Granting
of a permit to move a building into or within the city does not exempt
the moved building from these requirements.
(b)
Notice and inspection.
Persons receiving a permit to
move or relocate a building into or within the city are required to
notify the city building official, in writing, within 72 hours after
such move is substantially completed. Failure to give such written
notice will invalidate the moving permit. All moved or relocated buildings
will be inspected by the building official within ten (10) days from
the date of receipt of the written notice of move completion.
(c)
Time for compliance.
All buildings or structures moved
or relocated into or within the city must be brought into compliance
with city minimum building standards within 45 days from the date
the move is substantially completed. If compliance cannot be reached
within the allotted time period a written request for extension must
be submitted. Only one forty-five-day extension shall be granted.
(Ordinance 2022-05.25-02, sec. 3.01.010,
adopted 5/25/2022)
(a)
Criminal penalty.
A violation of this article shall
be considered a class C misdemeanor and shall carry a penalty of up
to five hundred dollars ($500.00) with each and every day of violation
constituting a distinct and separate offense.
(b)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of the article or failed to take action necessary for compliance with
this article; and
(3)
Other available relief.
(Ordinance 2022-05.25-02, sec. 3.01.011,
adopted 5/25/2022)
