Chapter 18. Buildings and Building Regulations

(a) Required. It is unlawful for any person to perform mechanical, electrical and plumbing services on a structure within the city unless the person:

(1) Has a current registration on file with the chief building official as required in this chapter; or

(2) Is working under a person who has a current registration on file with the chief building official as required in this chapter and is listed on such registration.

(b) General provisions for registration.

(1) An application for registration under this article must be made in writing to the chief building official on forms provided by the chief building official for that purpose.

(2) No permits or licenses may be issued by the city unless the person has completed his registration application and has obtained his registration from the city.

(3) Each registration application shall specify the name, address and phone number of the applicant. If the applicant is a business entity, the applicant shall also provide the name of the owner, officers, and directors of the entity, persons authorized to work under the entity's registration along with other relevant information required by the city.

(4) The applicant must submit the permit or license along with the application to the chief building official.

(5) The chief building official shall issue the registration only after the applicant has submitted all of the required information to the chief building official.

(6) Registrations under this section expire 12 months after the date of issuance. Registrations must be renewed upon the same terms and conditions as provided for original applications.

(7) Should in format ion contained in a person's registration application change during the period for which the person is registered, the person shall update his registration information within ten days of any such change.

(8) Registrations issued under this section are not assignable or transferable.

(c) Display of registration. Any contractor required to register pursuant to subsection (a) hereof shall be required to display the registration when soliciting business and to produce such registration when requested by the chief building official or the police chief or their respective designees.

(Ord. No. 10-159, § 1, 9-27-05; Ord. No. 10,967, § 1, 9-22-08; Ord. No. 13,654, §§ 3, 4, 12-14-17; Ord. No. 14,350, § 1, 3-12-20; Ord. No. 14,810, § 1, 8-26-21; Ord. No. 14,968, § 1, 12-9-21)

(a) Purpose. The purpose of the energy efficiency building program is to reduce the use of natural resources, create healthier and more sustainable living environments, and minimize the negative environmental impacts of development in the city. The program includes requirements for energy efficiency, water conservation, and cool roofs for one- and two-family dwellings and all other new construction within the city.

(b) Applicability. The program is applicable to all new residential and commercial buildings within the city from and after January 1, 2010.

(c) Administration. The chief building official shall administer and enforce the provisions of the energy efficiency building program and is authorized to promulgate such rules and regulations necessary for the implementation and administration of the program.

(d) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them herein except where the context clearly indicates a different meaning:

Energy Systems Laboratory means the agency established by the Texas Legislature to assist communities in evaluating code amendments to the International Residential Code and the International Energy Conservation Code which now define the minimum energy efficiency standards for the state.

Solar reflectance means the fraction of solar flux reflected by a surface expressed as a percent or within the range of 0.00 and 1.00.

(e) Energy use standards. All one- and two-family dwellings and all other new construction shall use the energy conservation code adopted in article VIII of this chapter, including compliance demonstrated through the following:

(1) Energy code compliance modeling through Energy Systems Laboratory approved software, COM check or RES check; or

(2) Installing systems or products that have been certified by a national, state or local accredited energy efficiency program and approved by the Energy Systems Laboratory. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered an approved program.

(f) Water use standards. All one- and two-family dwellings and all other new construction shall use 20 percent less water than the water use baseline calculated for the building's total interior water fixture use as required by the plumbing code adopted in article IV of this chapter.

(g) Cool roof standards.

(1) The energy efficient building program shall include the following standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers:

(2) All roof surfaces with a slope of 2:12 inches or less (as defined in the ASTM E 1918-97) shall meet the specifications of the United States Environmental Protection Agency's Energy Star qualified low-slope roof product requirements. To be considered an Energy Star qualified low-slope roof product, a roof product shall:

a. Be the uppermost part of the roof system that is in direct contact with solar radiation; and

b. Be installed with an initial solar reflectance of ≥ 0.65.

(h) Lighting standards.

(1) Area of use. For the lighting of predominately horizontal surfaces such as areas of vehicular and pedestrian passage, merchandising and storage areas, automotive fuel dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, light fixtures shall be aimed straight down and shall be full cutoff or fully shielded, unless the aggregate wattage per fixture does not exceed the output of a standard non-directional 60 watt incandescent lamp, i.e., 900 lumens, in which case non-cutoff fixtures are permitted.

(2) Maximum lamp wattage and required luminaries or lamp shielding. All lighting installations shall be designed and installed to be fully shielded (full cutoff). Maximum usage for commercial lighting is 60 luminaries per watt. Maximum lamp wattage for residential lighting is 100 watts for incandescent bulbs and 32 watts for compact fluorescent bulbs.

(3) Exceptions. The following are exceptions to the application of subsections (h)(1) and (2):

a. Luminaries for safety or security reasons as determined by the chief building official;

b. Lighting in swimming pools and other water features governed by the National Electrical Code;

c. Exit signs and other illumination required by the codes;

d. Lighting for stairs and ramps, as required by the codes;

e. Signs that are regulated by chapter 118 of this Code, which are fully shielded;

f. Holiday and temporary lighting as governed by the National Electric Code;

g. Athletic field lighting if steps have been taken to minimize glare and light trespass; and

h. Low voltage landscape lighting, and such lighting shall be shielded to eliminate glare and light trespass.

(Ord. No. 11,221, § 9, 10-19-09; Ord. No. 11,803, § 3, 11-21-11)

(a) Required. A construction sign shall be required for all new commercial structures, which shall be displayed and maintained at all times during construction.

(b) Standards.

(1) Location.

a. The construction sign must be located on the same premises as the construction.

b. The face of the construction sign must be parallel to each adjacent public street right-of-way.

c. The construction sign must be located within two feet of the adjacent public right-of-way.

(2) Construction. The construction sign must:

a. Be four feet by eight feet in size;

b. Made of plywood;

c. Affixed to two, four-inch by four-inch by nine-foot, pressure-treated wooden posts;

d. Have at least two feet of each post in the ground; and

e. Be placed so that the top of the sign is eight feet off the ground.

(3) Content. The sign shall include only the following information, which must be visible to the traffic in the adjacent public right-of-way:

a. Name of the business;

b. Website of the business;

c. Business address;

d. A color photo rendition of the construction, which shall not exceed 25 percent of the sign face; and

e. A contact number of the business.

(Ord. No. 13,654, § 5, 12-14-17)

(a) An accessory residential building or structure must be constructed to the prescriptive standards outlined in the building code adopted in division 3 of this article.

(b) For purposes of this section, an "accessory residential building or structure" shall mean any structure not greater than 3,000 square feet in floor area and not over two stories in height; any carport (open on at least two sides), storage building, gazebo, patio or similar type buildings or structures detached from the main building or structure. This does not include detached garages used for motor vehicles.

(c) Accessory residential buildings, which are one-story detached accessory structures used as storage sheds, playhouses, or similar uses with a floor area not greater than 200 square feet, do not require a building permit.

(Ord. No. 11,123, § 1, 5-28-09; Ord. No. 11,221, § 1, 10-19-09; Ord. No. 13,654, § 6, 12-14-17; Ord. No. 14,969, § 1, 12-9-21)

Prior to issuing a permit for new construction, the building official will require a separate building plan or plans with building sections and details showing the components, their types, locations, and framing elements that delineate that the framing will resist the pressures developed from, and the wind speeds for 150 mph (ultimate design wind speed, V ULT). All structures exceeding one story in height or 350 square feet in area shall be designed by a state licensed engineer.

(Ord. No. 11,123, § 1, 5-28-09; Ord. No. 11,221, § 1, 10-19-09; Ord. No. 11,515, § 1, 12-9-10; Ord. No. 13,654, § 7, 12-14-17)

When submittal documents are provided by a registered professional engineer, the design professional must be a registered licensed professional engineer legally registered or licensed under the laws of this state regulating the practice of engineering.

(1) The engineer must be knowledgeable in the discipline for which the engineer is designing.

(2) The practice of engineering in coincidence with enforcement of this code will be in keeping with the rules regulating the practice of engineering.

(3) The design professional shall affix the design professional's official seal to the drawings, specifications, and accompany ing data determined necessary by the chief building official, for windstorm requirements.

(Ord. No. 11,123, § 1, 5-28-09; Ord. No. 11,221, § 1, 10-19-09; Ord. No. 11,515, § 2, 12-9-10)

When engineered construction documents are used for permitting, it is the certifying engineer's responsibility to ensure that the engineer or the engineer's representative has completed the windstorm framing inspection prior to the city inspector completing the city's final rough frame inspection.

(Ord. No. 11,123, § 1, 5-28-09; Ord. No. 11,221, § 1, 10-19-09; Ord. No. 11,515, § 3, 12-9-10)

During the periods of time as are designated by the National Oceanic and Atmospheric Administration as being a hurricane warning or alert, the chief building official will make inspections of residences, commercial, and industrial establishments, and construction sites to ensure that all furniture, display racks, construction supplies and materials, and other loose objects in exposed outdoor locations, are secured to rigid construction or stored in buildings.

(1) These inspections will be made to ensure, to the extent practicable, that portable storage buildings and manufactured housing units (either being offered for sale, stored on lots, or installed on private property) are properly anchored, reinforced, and secured.

(2) Orders issued by the building official may be oral or written and may be given to the person on the premises responsible for the custody or management or care or maintenance of the premises, or the person's employee or agent, and the order must be carried out before winds of hurricane velocity are anticipated.

(Ord. No. 11,123, § 1, 5-28-09; Ord. No. 11,221, § 1, 10-19-09)

(a) There is established a board to be called the construction board of adjustments and appeals, which shall consist of seven members as follows:

(1) Member at large;

(2) Member at large;

(3) General contractor;

(4) Engineer;

(5) Architect;

(6) Master plumber; and

(7) Master or journeyman electrician.

(b) The board shall be appointed by the city council to serve four-year terms.

(Code 1967, § 7-10(a); Ord. No. 5751, § 3, 1-31-91; Ord. No. 5865, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95; Ord. No. 8071, § 1, 9-11-97; Ord. No. 11,031, § 13, 12-11-08; Ord. No. 11,515, § 4, 12-9-10; Ord. No. 13,337, § 11, 10-27-16; Ord. No. 15,711, § 1, 2-8-24)

The construction board of adjustments and appeals shall establish rules and regulations for its own procedure not inconsistent with this Code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received.

(Code 1967, § 7-10(c)(3)a; Ord. No. 5751, § 3, 1-31-91; Ord. No. 5965, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95)

(a) The owner of a mobile home, manufactured home, recreational vehicle, manufactured home park, recreational vehicle park, building or structure or his duly authorized agent may appeal a decision of the chief building official to the construction board of adjustments and appeals when:

(1) The chief building official rejects or refuses to approve the placement of mobile homes, manufactured homes, recreational vehicles, or the standards, plans or construction of manufactured home parks or recreational vehicle parks;

(2) The chief building official revokes or suspends any license or permit;

(3) The chief building official gives a utility disconnect order;

(4) The chief building official rejects or refuses to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure;

(5) It is claimed that the provisions of the building code, mechanical code or the plumbing code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case; or

(6) It is claimed that the true intent and meaning of the building, mechanical, plumbing, or manufactured home codes or ordinances, or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

(b) Notice of appeal shall be in writing addressed to the construction board of adjustments and appeals and filed within ten days after the decision is rendered by the chief building official. Appeals shall be on forms provided by the chief building official.

(c) If a building, structure or service system, in the opinion of the chief building official, is unsafe, unsanitary or dangerous, the chief building official may, in his order, limit the time for such appeal to a shorter period.

(Code 1967, § 7-10(b), (c)(2); Ord. No. 5751, § 3, 1-31-91; Ord. No. 5965, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95; Ord. No. 8151, § 4, 12-16-97)

The construction board of adjustments and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order or disallowance of the chief building official or varies the application of any section of this Code, the chief building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the chief building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the chief building official for two weeks after filing. Every decision of the board shall be final, subject, however, to an appeal to the city council in accordance with section 18-61.

(Code 1967, § 7-10(c)(3)b; Ord. No. 5751, § 3, 1-31-91; Ord. No. 5965, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95)

(a) The construction board of adjustments and appeals, when appealed to and after a hearing, may vary the application of any section of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or public interest or when, in its opinion, the interpretation of the chief building official should be modified or reversed and the board also finds all of the following:

(1) Special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others;

(2) The special conditions and circumstances do not result from the action or inaction of the applicant;

(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system;

(4) The variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system; and

(5) The grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare.

(b) In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of the conditions of a variance shall be deemed a violation of this Code.

(c) A request for a variance shall be in writing and filed within 30 calendar days after the decision is rendered by the chief building official. A request for a variance shall be in a form acceptable to the chief building official.

(Code 1967, § 7-10(c)(1); Ord. No. 5751, § 3, 1-31-91; Ord. No. 5965, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95)

Every decision of the construction board of adjustments and appeals may be appealed to the city council if filed in writing within ten days of such decision on forms provided by the city clerk.

(Code 1967, § 7-10(c)(3)c; Ord. No. 5751, § 3, 1-31-91; Ord. No. 5965, § 1, 5-23-91; Ord. No. 5948, § 1, 8-1-91; Ord. No. 7330, § 1, 6-8-95)

(a) The International Building Code, 2015 edition, including Appendices B, F, G, I and K., published by the International Code Council, Inc., as amended in section 18-92, is adopted and incorporated as fully as if set forth at length in this section and the provisions therein shall be controlling in the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use and maintenance of buildings and structures within the city limits. The official copy of the building code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 7-4; Ord. No. 896, §§ 1, 5, 10-26-67; Ord. No. 2234, § 1, 5-26-77; Ord. No. 2969, § 1, 9-11-80; Ord. No. 4731, § 1, 5-28-87; Ord. No. 6141, § 1, 1-21-92; Ord. No. 8514, § 1, 2-11-99; Ord. No. 9337, § 1, 3-28-02; Ord. No. 9760, § 1, 4-8-04; Ord. No. 10,663, § 1, 7-26-07; Ord. No. 11,515, § 5, 12-9-10; Ord. No. 13,654, § 8, 12-14-17)

The building code adopted in section 18-91 shall be amended as follows:

Section 112 Board of appeals is deleted in its entirety and replaced by division 2 of article II of this chapter of the code of ordinances. All references to board of appeals in the code adopted in section 18-91 shall mean and refer to the construction board of adjustment and appeals.

Section 1603.1.4 Wind design data is amended to read as follows:

The following information related to wind loads shall be shown, regardless of whether wind loads govern the design of the lateral-force-resisting system of the building structure, and regardless of structure location:

1. Basic wind speed 150 MPH (Ultimate Design Wind Speed, V ULT)

2. Wind importance factor, I, and occupancy category.

3. Wind exposure B or C, if more than one wind exposure is utilized, the wind exposure and applicable wind direction shall be indicated.

4. The applicable internal pressure coefficient.

5. Components and cladding. The design wind pressures in terms of psf (kN/m2) to be used for the design of exterior component and cladding materials not specifically designed by the registered design professional.

Section 1609.1 Applications is amended to read as follows:

Buildings, structures and parts thereof shall be designed to withstand 150 MPH (Ultimate Design Wind Speed, V ULT) wind loads prescribed herein. Decreases in wind loads shall not be made for the effect of shielding by other structures.

Section 1609.3 Basic wind speed is amended as follows:

The basic wind speed, in mph, for the determination of the wind loads shall be 150 MPH (Ultimate Design Wind Speed, V ULT). Basic wind speed for the special wind regions indicated, near mountainous terrain and near gorges shall be in accordance with local jurisdiction requirements. Basic wind speeds determined by the local jurisdiction shall be in accordance with Section 6.5.4 of ASCE 7 Section 26.5.1 of ASCE 7.

Section 1808.7.4 Foundation elevation is amended to read as follows:

On graded sites, not within the designated special flood hazard areas, the top of any exterior foundation shall extend above the elevation of the crown of the road a minimum of 18 inches plus or minus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. A registered surveyor shall certify the finished floor elevation to be in compliance with this section. A copy of such certification shall be presented to the building official prior to issuance of the certificate of occupancy.

(Code 1967, § 7-4.1; Ord. No. 2234, §§ 3—5, 5-26-77; Ord. No. 2601, 1-11-79; Ord. No. 2688, § 1, 6-28-79; Ord. No. 2715, § 1, 8-23-79; Ord. No. 2969, § 2, 9-11-80; Ord. No. 3023, § 1, 11-13-80; Ord. No. 3040, § 1, 11-24-80; Ord. No. 3220, § 1, 9-10-81; Ord. No. 3475, § 1, 10-14-82; Ord. No. 4023, § 1, 12-13-84; Ord. No. 4181, § 1, 6-27-85; Ord. No. 4201, § 1, 7-25-85; Ord. No. 4214, § 1, 8-13-85; Ord. No. 8151, § 3, 12-16-97; Ord. No. 9278, § 1, 12-12-01; Ord. No. 9337, § 2, 3-28-02; Ord. No. 9760, § 2, 4-8-04; Ord. No. 11,123, §§ 2—5, 5-28-09; Ord. No. 11,221, §§ 2—5, 10-19-09; Ord. No. 11,515, § 6, 12-9-10; Ord. No. 13,654, § 9, 12-14-17; Ord. No. 15,362, §§ 1, 2, 2-9-23)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Construction means the building or placement of any structure requiring a permit from the city.

Impervious surface means any type of improvement to real property that will prevent water from passing through to the soil below.

Primary non-residential structure means the main structure on a lot or parcel that is anything other than a primary residential structure.

Primary residential structure means the main dwelling unit on a lot or parcel that is:

(1) A detached one- or two-family dwelling; or

(2) A townhome not more than three stories above grade plane in height, with separate means of egress, and open to a public right-of-way or yard on at least two sides.

Sidewalk means a paved path for the use of pedestrians constructed:

(1) In the right-of-way between the curb lines or the edge of pavement of a roadway and the adjacent property lines; or

(2) In an easement on private property dedicated to the city or the public for which a sidewalk is permitted to be built.

(b) Required. Except as provided in subsection (c) of this section, sidewalks conforming to the requirements of chapter 122 of this Code shall be constructed when a permit is issued for any of the following:

(1) Construction of a primary residential structure in a subdivision platted after July 26, 2012;

(2) Construction of a primary non-residential structure within any zoning district with the exception of a LI or HI zoning district; or

(3) Construction on a primary non-residential structure or the parking area serving a primary non-residential structure that would result in either:

a. A 30-percent aggregate increase in the existing gross area of impervious surface on the property in any zoning district with the exception of the HI zoning district; or

b. Five thousand square feet of new impervious surface area, on the property in any zoning district with the exception of LI or HI zoning district.

(c) Exempt. Construction of sidewalks shall not be required:

(1) On a property where a primary residential structure in a residential zoning district, as determined by the ULDC, is being constructed but there is not enough space within the right-of-way to construct a sidewalk as determined by the director of public works and engineering;

(2) When a residential lot is platted after July 26, 2012, in an existing residential area where less than 80 percent of the existing homes have sidewalks;

(3) On property where a governmental agency prohibits the construction of sidewalks and the applicant has provided to the chief building official current documentation to this effect from the governmental agency; or

(4) When, in the opinion of the chief building official, the installation of sidewalks would not be feasible due to planned public improvements and the owner or developer, in lieu of constructing a sidewalk, pays at the time of the issuance of a building permit a fee. Such fee shall be in an amount equal to the cost of the construction of the sidewalk per square foot based upon the competitively bid prices obtained by the city for its annual concrete work contract.

(d) Appeals. Appeals from a decision of the chief building official shall be made in accordance with section 18-58.

(e) Violation. It shall be unlawful for any person to willfully or maliciously tear up, injure, deface or destroy any sidewalk, or any portion thereof.

(f) Enforcement.

(1) Any violation of this article shall constitute a misdemeanor punishable, upon conviction, by a fine as provided in section 1-14.

(2) In addition to enforcement action taken pursuant to subsection (f)(1), certificates of occupancy and certificates of completion shall be withheld until repairs required in subsection (d) of this section have been made and approved by the chief building official.

(Ord. No. 11,980, § 1, 7-26-12; Ord. No. 13,191, § 1, 5-12-16; Ord. No. 13,252, § 1, 11-10-16; Ord. No. 13,654, § 10, 12-14-17; Ord. No. 14,605, § 1, 12-10-20)

On all public or private construction projects within the boundaries of the city or within the extraterritorial jurisdiction, the bid document and the contract shall contain the requirements in V.T.C.A., Health and Safety Code § 756.021 et seq.

(Code 1967, § 7-4.2; Ord. No. 4933, § 1, 3-10-88)

(a) A nonresidential development is defined, for the purposes of this section, as any improvement or construction on a site greater than or equal to one acre of land area and such improvement or construction is not regulated by chapter 126 pertaining to single-family residential subdivisions.

(b) Any person desiring to build a nonresidential development shall provide drainage improvements for the development. The drainage improvements shall be designed to ensure that when a 100-year rainfall event, as defined by article IV of chapter 109 of this Code, occurs, the drainage from the development will not increase the water level in any existing creek, stream or bayou above the water level previously associated with such 100-year rainfall event.

(c) A building permit shall not be issued for any construction in a nonresidential development until such time as the drainage plan has been submitted to the city and approved by the city engineer.

(d) Water or sewer service shall not be provided to any nonresidential development located outside the city limits until such time a drainage plan, as provided in subsection (b) of this section, is submitted to the city and approved by the city engineer.

(Code 1967, § 7-8; Ord. No. 3046, § 1, 12-11-80; Ord. No. 14,605, § 2, 12-10-20)

No vertical building inspections above the foundation are permitted, for any building on any tract of land within the corporate limits of the city until such time as the water lines, approved fire vehicle access lanes, and fire hydrants necessary for fire protection have been constructed in a manner suitable to the fire chief or are already present. Flammable materials may not be stockpiled on a building site under a foundation permit, and such stockpiling shall be grounds for revoking a foundation permit.

(Code 1967, § 7-9; Ord. No. 4083, § 1, 2-28-85; Ord. No. 11,515, § 7, 12-9-10)

(a) Survey or site plan. The construction documents submitted with the application for permit shall be accompanied by a survey or site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finish grades and, as applicable flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. In addition, a site plan shall show size of easements, if any exist, and locations of existing and proposed utilities and drainage structures and locations and sizes of driveways. Sidewalks must be shown on all site plans in platted subdivisions. Sidewalk and driveway specifications are available in the inspections division.

(b) Access management. The access management shall be designed and constructed in accordance with the standards set forth in article III of chapter 109 of this Code.

(Code 1967, § 7-6; Ord. No. 955, § 2, 1-9-69; Ord. No. 2234, § 2, 5-26-77; Ord. of 9-27-79, § 1; Ord. No. 4024, § 1, 12-13-84; Ord. No. 5641, § 1, 9-27-90; Ord. No. 6787, § 1, 9-23-93; Ord. No. 9217, § 1, 9-13-01; Ord. No. 9278, § 2, 12-12-01; Ord. No. 10,405, § 1, 9-14-06; Ord. No. 11,419, § 1, 8-26-10; Ord. No. 11,515, § 8, 12-9-10; Ord. No. 14,605, § 3, 12-10-20)

No building permit shall be issued for the construction or repair of any structure within a moderate or special flood hazard area, which permit does not require the entire structure to meet the standards established by this Code.

(Ord. No. 11,293, §§ 2, 5, 1-28-10; Ord. No. 14,605, § 4, 12-10-20)

(a) Definitions. As used in this section, the following words and terms shall have the meanings ascribed to them hereinbelow, unless the context of their usage clearly indicates another meaning:

Asbestos survey shall mean an inspection of a building or facility to determine the location, quantity and condition of asbestos-containing material therein by taking samples for analysis or by visual inspection.

Commercial building shall mean all other buildings which are not defined herein as residential buildings.

Demolition shall mean operations in which load-bearing structural members of a building are wrecked or removed.

Renovation shall mean additions to or alterations of the interior surfaces of a building for purposes of restoration by removal, repairing and rebuilding.

Residential building shall mean a single-family structure primarily used or capable of being used for human habitation.

(b) Survey required. Prior to the issuance of a permit to any person for the renovation or demolition of any building within the city limits an asbestos survey shall be conducted of the areas to be renovated or demolished.

(c) Exception. An asbestos survey shall not be required prior to the issuance of a permit for the renovation or demolition of a residential building unless the renovation or demolition involves more than two contiguous residential building sites which are part of a commercial or public project such as an urban renewal project, a highway construction project, a project to develop a shopping center or mall, the construction of an industrial facility or other large private development.

(d) Requisites and cost. Any asbestos survey required herein shall be conducted by an individual licensed by the state to conduct such a survey. The cost of the survey shall be borne by the person seeking the permit.

(e) Penalty. A violation of any of the provisions of this section shall constitute an offense affecting public health and, upon conviction, is punishable as provided in section 1-14. In addition, the city attorney is authorized to file suit in any court of competent jurisdiction to enjoin any person from violating or causing to be violated any of the sections of this article.

(Ord. No. 8277, § 1, 5-14-98)

(a) The chief building official shall order the owner of any premises upon which is located any building, structure or portion thereof, whether permanent or temporary,

(1) For which a permit was required but never issued or;

(2) For which a certificate of occupancy was not obtained and on which there has been a cessation of normal construction for a period of more than two years as determined by the chief building official,

to raze and remove such structure. Such structure is declared to be a public nuisance.

(b) The written demolition order issued by the chief building official shall be sent to the owner and each lienholder and mortgagee and shall afford the owner along with each lienholder and mortgagee at least 30 days but no more than 60 days to raze and remove the affected structure. The order must clearly communicate the following information:

(1) The name of the owner whose structure is ordered demolished;

(2) A description of the structure and the property on which the same is located;

(3) The address where the structure is located;

(4) The reason for the demolition order;

(5) The date of the issuance of the order;

(6) The day and time on which the city may raze and remove the structure if the owner fails to comply with the order;

(7) The owner's, lienholder's and mortgagee's right to appear and be heard at a hearing to contest the demolition order;

(8) The written request necessary for such a hearing;

(9) The date by which the owner and each lienholder and mortgagee must request in writing the hearing in order to receive it, which deadline may be no sooner than 20 days from the date of the receipt of the order; and

(10) The basis on which an appeal may be requested, namely that the true intent of this section has been incorrectly interpreted.

(c) If, after the chief building official has complied with the notice requirements as described in subsection (b), the owner or any lienholder and mortgagee do not request a hearing for review of the demolition order within the specified time, the demolition order shall be deemed final.

(d) If a hearing to review the demolition order is requested, the hearing shall be presided over by the construction board of adjustments and appeals. At the hearing, the owner and each lienholder and mortgagee shall be given the opportunity to be heard, to present testimony from other persons, to admit documents, and to confront and cross-examine any witnesses. If the construction board of adjustments and appeals finds in favor of the owner or any lienholder or mortgagee, the demolition order shall be extinguished. If the construction board of adjustments and appeals finds against the owner or any lienholder or mortgagee, the demolition order shall remain in full force and effect and be deemed final. The construction board of adjustments and appeals shall have the power to fashion other reliefs as would be equitable.

(e) If the demolition order is deemed final and the owner of the premises fails to comply with the demolition order within the time prescribed in the order, the chief building official shall cause the structure to be razed and removed. If the city incurs expenses under this section, the city shall assess the expenses on and the city shall have a lien against the property. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded in the office of the county clerk in the county in which the property is situated. The notice must contain the name and address of the owner if that information can be determined with reasonable effort, a legal description of the real property, the amount of the expenses incurred by the city and the balance due. The lien is a privileged lien on the property involved, second only to tax liens, and shall accrue interest at the rate of ten percent per annum from the date such payment is due.

(f) Should the city raze and remove any structure in accordance with this section, the city shall have the right to sell the salvage and valuable materials to reimburse the city for the expenses associated with the demolition.

(g) As used in this section, "normal construction" means the systematic progress towards completion of construction, as described in the permit, in a manner that is consistent with the usual practices for the specific type of construction and occupancy. "Normal construction" does not include occasional activity or nominal work.

(Ord. No. 8794, § 1, 1-13-00; Ord. No. 9337, § 4, 3-28-02)

The following standards shall apply to all structures that are demolished within the city:

(1) All debris must be removed from the property;

(2) All holes or depressions in the ground must be filled to grade level;

(3) Property must be graded to drain to street or per the drainage plan established for the area as approved by the director of engineering;

(4) All lumber, pipes and other building materials must be removed from the property;

(5) All underground utilities, pipes, sewer, water and conduits must be removed, or must be capped off and stubbed out 24 inches above ground level by personnel licensed in this state where required by adopted codes. When necessary to protect the public health, safety or welfare, as determined by the chief building official, the chief building official may require all underground septic systems, tanks, underground storage tanks, fuel tanks, water tanks and underground storage tanks of any kind be removed and properly backfilled to prevent ponding of any kind. Property owner is responsible for additional backfill and grading for a period of one year after demolition and removal;

(6) All piers, pilings, steps, and other appurtenances must be removed above grade;

(7) All in-ground foundations, piers, slabs, concrete and beams but excluding required sidewalks in public right-of-way must be removed from the property;

(8) All asbestos removal must comply with current requirements of the federal environmental protection agency;

(9) Plumbing permit is required to inspect the utility disconnect; and

(10) Utilities must be disconnected at the property line prior to demolition of structure.

(Ord. No. 11,803, § 4, 11-21-11; Ord. No. 13,654, § 11, 12-14-17; Ord. No. 15,362, § 3, 2-9-23)

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:

Electrical license means a license issued in accordance with the Texas Electrical Safety and Licensing Act, V.T.C.A., Occupations Code, ch. 1305, administered by the state department of licensing and regulation.

Electrical maintenance work means the keeping in safe repair of any and all electrical installations, apparatus and equipment and the moving or relocating of electrical equipment within a building or on the premises where the maintenance electrician, as defined in section 18-356, is regularly employed on a full-time basis, for which work a permit may or may not be required under this article, but does not include the installation of new or additional wiring, equipment or apparatus or the modification thereof.

(Code 1967, § 11-26; Ord. No. 2388, § 3, 12-22-77; Ord. No. 2421, § 2, 2-23-78; Ord. No. 4775, § 4, 8-13-87; Ord. No. 10,126, § 1, 8-11-05)

This article shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability because of the inspection or reinspection authorized in this article or the certificate of approval issued as provided in this article or because of the approval or disapproval of any equipment authorized in this article.

(Code 1967, § 11-84; Ord. 2388, § 3, 12-22-77)

Any person who shall violate this article shall, upon conviction, be punished by as provided in section 1-14.

(Code 1967, § 11-85; Ord. No. 2388, § 3, 12-22-77)

The electrical board is merged with and referred to as the construction board of adjustments and appeals under sections 18-56 et seq.

(Ord. No. 10,126, § 3, 8-11-05)

(a) The chief building official shall enforce this article. The chief building official shall, upon application, grant permits for the installation or alteration of electrical equipment and shall make inspections of electrical installations, all as provided in this article.

(b) The chief building official shall exercise a general supervision over all electrical construction and over all electrical contractors and electricians licensed to carry on their business or trade under this article.

(Code 1967, § 11-9(a)—(c); Ord. No. 2388, § 3, 12-22-77; Ord. No. 10,126, § 4, 8-11-05; Ord. No. 13,654, § 12, 12-14-17)

(a) The chief building official shall have the right, during reasonable hours, to enter any building or premises in the discharge of his official duties or for the purpose of making any inspection or reinspection of electrical equipment in the building or premises or its installation.

(b) When any electrical equipment is found by the chief building official to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required, in the judgment of the chief building official, to place such equipment in a safe condition. If such work is not completed within 15 days or any longer period that may be specified by the chief building official in the notice, the chief building official shall have the authority to disconnect or order the discontinuance of electric service to the electrical equipment.

(c) In an emergency, when necessary for safety to persons or property or when electrical equipment may interfere with the work of the fire department, the chief building official shall have the authority to disconnect or cause the immediate disconnection of any electrical equipment.

(Code 1967, § 11-11(a)—(c); Ord. No. 2388, § 3, 12-22-77; Ord. No. 13,654, § 14, 12-14-17)

Appeal from orders of the chief building official may be filed in accordance with the provisions of the construction board of adjustments and appeals under sections 18-56 et seq.

(Code 1967, § 11-12; Ord. No. 2388, § 3, 12-22-77; Ord. No. 10,126, § 5, 8-11-05; Ord. No. 13,654, § 15, 12-14-17)

The chief building official shall review and approve electrical plans and permits and inspect all electrical wiring, apparatus or equipment for the utilization of the service of the electric public service company or any other source in providing electrical energy for lights, heat or power inside of or attached to buildings or other structures within the city limits and to enforce laws, rules and regulations relating to such.

(Code 1967, § 11-45; Ord. No. 2388, § 1, 12-22-77; Ord. No. 13,654, § 16, 12-14-17)

All electrical work, except for the replacement of lamps, minor repair work and the connection of portable electrical equipment to suitable permanently installed receptacles, requires a permit. Electrical service equipment for manufactured homes, mobile homes and recreational vehicles shall require a permit from the city pursuant to this division and inspection prior to electrical service being made available from the utility provider when the service is disconnected or a change in service occurs. The permit must be paid for prior to the commencement of the work.

(Code 1967, § 11-46; Ord. No. 2388, § 1, 12-22-77; Ord. No. 10,126, § 7, 8-11-05)

(a) No electrical permit shall be required for replacing fuses or lamps or the connection of portable devices to suitable receptacles which have been permanently installed or repairs to portable appliances.

(b) No permit shall be required for minor repair work such as repairing or replacing flush and snap switches, receptacles and lamp sockets or minor repairs on permanently connected electrical apparatus, appliances, lighting fixtures and the installation of light globes.

(c) No permit shall be required for the installation, maintenance or alteration of wiring, apparatus, devices, appliances or equipment for telegraph, telephone, signal service or central station protective service used in conveying signals or intelligence, except where electrical work is done on the primary side of the source of power at a voltage over 50 volts and of more than 500 watts.

(d) No permit shall be required for the installation, maintenance or alteration of electric wiring, apparatus, devices, appliances or equipment to be installed by an electric public service company for the use of such company in the generation, transmission, distribution, sale or utilization of electrical energy. However, an electrical public service company shall not do any wiring on a customer's premises other than wiring which is a part of the company's distribution system, including metering equipment wherever located and transformer vaults in which company's transformers are located, nor shall any of its employees do any work other than that done for the company as provided by virtue of this exemption.

(e) No permit shall be required for the installation and maintenance of railway crossing signal devices when such work is performed by due authority of the railroad and in accordance with the standards of the American Railroad Association.

(f) Where no permit is required for the installation or repair of wiring, apparatus, devices or equipment for the transmission, distribution or utilization of electric energy for any purpose, the wiring, apparatus, device or equipment shall be installed or repaired in conformity with this division.

(g) No permit shall be required for the installation of electrical conductors of equipment to be installed within and on premises within the control and supervision of the state highway department, except for electrical service and metering.

(h) No permit shall be required for maintenance work performed by a licensed electrician on the premises of his employer.

(Code 1967, § 11-47; Ord. No. 2388, § 3, 12-22-77; Ord. No. 2421, § 3, 2-23-78; Ord. No. 10,126, § 8, 8-11-05)

(a) The application for an electrical permit shall describe the work to be done and shall be made in writing by a person holding the proper electrician's license or the homeowner.

(b) The permit, when issued, shall be issued to such applicant to cover such work as described and detailed. Any change or additions must be covered by additional permits at the time changes are made.

(c) The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether or not the installation, as described, will be in conformity with the requirements of this article. No such plans, specifications and schedules will be examined under this article unless the plans, specifications and schedules are submitted by the holder of the proper electrician's license or by a homeowner.

(d) A precise detailed print of the routing of all underground feeders shall be furnished to the chief building official and the owner of the premises before the electrical permit is issued for the job.

(e) If it is found that the installation as described will be in general conformity to the requirements of this article and if the applicant has complied with this article, a permit for such installation shall be issued; provided, however, the issuance of a permit will not be taken as permission or as a license to violate any of the requirements of this section or any other city ordinance.

(Code 1967, § 11-49; Ord. No. 2388, § 3, 12-22-77; Ord. No. 10,126, § 9, 8-11-05; Ord. No. 13,654, § 17, 12-14-17)

Electrical permits shall be issued only to the holder of the proper electrical license or the person performing work on his own homestead. Any master electrician requesting the issuance of permits for the benefit of an electrical contracting company shall verify that he is the owner of the company or firm or that he is employed by such company or firm. Such proof of employment shall be by cancelled payroll check or by the master electrician filing a notarized letter with the city stating that he is employed as the responsible master electrician for the company or firm.

(Code 1967, § 11-48; Ord. No. 2388, § 3, 12-22-77; Ord. No. 4775, § 8, 8-13-87; Ord. No. 10,126, § 11, 8-11-05)

(a) All permits for electrical work shall be displayed in a readily accessible location, throughout the time of such installation, as directed by the chief electrical inspector.

(b) On all installations where wiring, apparatus, devices, appliances, fixtures or equipment are added to previous installations or where changes are made on wiring, apparatus, devices, appliances, fixtures or equipment, the permit for the installations or changes shall be delivered to the one person for whom the installation is to be made and shall be posted on the building or structure as directed by the chief building official before the installation or change is started.

(Code 1967, § 11-50; Ord. No. 2388, § 3, 12-22-77; Ord. No. 13,654, § 18, 12-14-17)

The chief building official may issue and enforce any rules or regulations he may deem necessary covering the granting of emergency inspections, where real emergencies exist.

(Code 1967, § 11-51; Ord. No. 2388, § 3, 12-22-77; Ord. No. 13,654, § 19, 12-14-17)

When any electrical wiring, apparatus or fixture covered by a permit shall be found on inspection by the chief building official to conform with the rules and regulations provided by this article, the chief building official shall issue a final certificate of inspection certifying that the wiring, apparatus or fixture has been inspected and found to comply with this article. A final certificate of inspection shall not relieve the electrical contractor of his responsibility for any defective work which may have escaped the notice of the inspector.

(Code 1967, § 11-52; Ord. No. 2388, § 3, 12-22-77; Ord. No. 13,654, § 20, 12-14-17)

When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the chief building official, and such equipment shall not be concealed until it has been inspected and approved.

(Code 1967, § 11-53; Ord. No. 2388, § 1, 12-22-77; Ord. No. 10,126, § 12, 8-11-05; Ord. No. 13,654, § 21, 12-14-17)

The chief building official may also, before the final certificate of compliance is issued, give temporary permission to connect and furnish electric current to any wiring, apparatus or fixture for a period of not exceeding 30 days, if, in his opinion, such wiring, apparatus or fixture is in such condition that the current may be safely connected therewith and there exists an urgent necessity for such use.

(Code 1967, § 11-54; Ord. No. 2388, § 3, 12-22-77; Ord. No. 13,654, § 22, 12-14-17)

No electrical permit shall be issued or retained under any electrical contractor or electrical sign contractor license until he files with the chief building official a certificate of insurance subject to the requirements of section 18-1.

(Code 1967, § 11-55; Ord. No. 2388, § 3, 12-22-77; Ord. No. 6689, § 1, 7-8-93; Ord. No. 8708, § 1, 9-23-99; Ord. No. 10,126, § 13, 8-11-05; Ord. No. 13,654, § 23, 12-14-17)

All electrical work performed on signs and all materials, apparatus, devices, appliances, fixtures or equipment used shall conform to the full requirements of this article. All electric signs shall be listed and labeled in accordance with the adopted electrical code.

(Code 1967, § 11-58; Ord. No. 2388, § 3, 12-22-77; Ord. No. 10,126, § 15, 8-11-05)

No electrical work shall be performed by any person who is not the holder of the electrical license required by Texas Electrical Safety and Licensing Act, V.T.C.A., Occupations Code, ch. 1305, administered by the state department of licensing and regulation.

(Code 1967, § 11-32; Ord. No. 2388, § 3, 12-22-77; Ord. No. 10,126, § 17, 8-11-05)

(a) Nothing in this division shall prohibit any bona fide homeowner from personally installing electrical conductors or equipment within his own homestead, provided the owner shall:

(1) File with the chief building official approved plans and specifications that satisfy the city chief building official as to his ability to install electrical wiring;

(2) Apply for and secure a permit;

(3) Pay the required fees;

(4) Do the work in accordance with this article; and

(5) Apply for and pass a final inspection.

(b) Personal installation by an owner under the homeowner's rights shall be by himself, for himself, on his own homestead premises, behind his own homestead electrical service, and no person shall be employed to assist him in any way on such work.

(Code 1967, § 11-34; Ord. No. 2388, § 1, 12-22-77; Ord. No. 10,126, § 19, 8-11-05; Ord. No. 13,654, § 25, 12-14-17)

This subdivision shall apply to every electrician regularly employed on a full-time basis by any person and who performs work only in the confines of the building or on the premises where he is regularly employed on a full-time basis and who does electrical maintenance work as defined in section 18-156. A person qualifying under this subdivision shall be known as a maintenance electrician.

(Code 1967, § 11-26(a); Ord. No. 2388, § 3, 12-22-77; Ord. No. 2421, § 2, 2-23-78; Ord. No. 4775, § 4, 8-13-87; Ord. No. 10,126, § 21, 8-11-05)

(a) It shall be unlawful for any person to do any electrical maintenance work, as defined in section 18-156, within the city unless such person is licensed as a maintenance electrician under this article or licensed as a journeyman electrician.

(b) Nothing in this subdivision shall limit the right of a master electrician to perform such electrical maintenance work or to limit the work being performed by a journeyman electrician under the direct supervision of a master electrician or to prohibit an apprentice from working under the direct and constant supervision of a maintenance electrician.

(Code 1967, § 11-26(a); Ord. No. 2388, § 3, 12-22-77; Ord. No. 2421, § 2, 2-23-78; Ord. No. 4775, § 4, 8-13-87)

(a) All electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for the utilization of electrical energy for light, heat or power inside the city limits shall conform to such special rules and regulations as may be embodied in this article, to the published rules and regulations of the National Electrical Code, most current edition, published by the National Fire Protection Association, and to the electric public utility company's meter loop specifications. Evidence that electric equipment is suitably safe to persons and property is solely based upon Underwriters' Laboratories, Inc., or other nationally recognized testing institute's approval. The official copy of the electrical code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 11-73(a); Ord. No. 2388, § 3, 12-22-77; Ord. No. 4775, § 10, 8-13-87; Ord. No. 9145, § 1, 4-12-01; Ord. No. 9337, § 6, 3-28-02; Ord. No. 10,126, § 24, 8-11-05; Ord. No. 10,895, § 1, 5-19-08; Ord. No. 11,515, § 9, 12-9-10; Ord. No. 13,654, § 26, 12-14-17)

(a) Service connections made on a temporary basis may be disconnected by the transmission and distribution provider and/or the applicable retail electric provider upon request of the inspector without written notice to the contractor or owner.

(b) Power run to manufactured homes must be installed underground in accordance with the electrical code adopted in section 18-431.

(c) Service entrance switches or any service equipment shall not be installed within a bathroom, toilet, clothes closet or any inaccessible location.

(d) Service connections made on a temporary basis may be disconnected by the transmission and distribution provider and/or the applicable retail electric provider upon request of the inspector without written notice to the contractor or owner.

(e) All electrical connections to new installations of central air/heating units, fuel-fired appliances and mechanical equipment shall conform to National Fire Protection Association Code requirements and shall be provided with the following:

(1) A disconnecting means in the ungrounded leads of each power circuit to be installed within sight and within easy reach of each grouping of electronically operated components;

(2) A suitable 115-volt outlet at the attic location described in subsection (e) of this section; and

(3) In addition, all new installations of central air/heating units located in attics of residences shall be provided with a 24-inch minimum walkway with a minimum of 36 inches of vertical clearance on the control side of the unit. There shall be a light near the unit with a controlling switch within six feet of the stairway, and such switch must be readily accessible.

(f) All wires in partitions are to be at least 18 inches from any plumbing or separated by a stud or a stapled two-inch clearance.

(g) Attic wiring will require approved strapping with a two-inch clearance from any plumbing.

(h) A bell-type transformer's primary connection must be connected in a junction box with the transformer fastened to the box and made accessible to authorized persons.

(i) All conductors within six feet of an attic scuttle hole or a stairway landing must be guarded from physical damage.

(j) Approved metallic, non-metallic, or underfloor cast-in-place raceways, armored cable or metal clad cable with a ground conductor that complies with section 250.122 of the electrical code adopted in section 18-431 shall be required for all wires used to conduct current for lights, heat or power, in the wiring of all buildings hereafter constructed, as well as additions to any buildings within fire limit area Nos. 1 and 2, as they are now or may hereafter be established, and in apartment houses of more than four apartments, churches, schools, hotels, theaters, all commercial buildings and other places of public assembly. However, in multifamily dwelling complexes, as defined in [section] 18-681 of the Code, instead of using conduit:

(1) Non-metallic or non-metallic corrosion-resistant insulated conductors may be used for branch circuits inside the dwelling units; and

(2) Tray cable service conductors may be used to the electrical panel inside the dwelling units, if:

a. A 13R automatic sprinkler system, as defined in the 1994 standards of the National Fire Protection Association, is installed;

b. An audible and visual alarm is installed to indicate not only the water flow from as few as one sprinkler head but also any tampering with the water supply valves of the sprinkler system. These alarms shall be installed so that they can be heard and seen from all sides of the building from outside the building; and

c. A 2½-inch fire department connection is installed.

All electrical systems of multifamily dwelling complexes must comply with all applicable provisions of the electrical code adopted by the city.

(k) Every new residence with an overhanging eave exceeding 12 inches and less than ten feet from the ground level shall have a roof mast type service entrance riser, except where underground service is provided.

(l) Reserved.

(m) Aluminum conductors may not be used in any branch circuit wiring.

(n) All underground feeders for commercial and multioccupancy buildings shall be in conduit and covered with a minimum of two inches of red concrete at a depth specified by the electrical code.

(o) All underground conduit for single-family and two-family dwellings shall be sized in accordance with the electrical code adopted in section 18-431 and shall be rigid conduit, either rigid steel galvanized or schedule 40 polyvinyl chloride conduit installed at a depth as specified by the electrical code. The rigid conduit shall be terminated approximately one foot from the power company slab or housing.

(p) Temporary saw poles installed to supply construction power shall not be connected to the permanent interior wiring of a building or other structure without first obtaining written permission from the chief building official. If such condition is found to exist without prior written permission, the chief building official may cause the immediate disconnection of service without further notice to anyone. This shall also include poles which may be classified as permanent.

(q) Power run to manufactured homes must be installed underground in accordance with the electrical code adopted in section 18-431.

(Code 1967, § 11-73(b)—(d), (f)—(l), (n)—(t); Ord. No. 2388, § 3, 12-22-77; Ord. No. 4775, § 10, 8-13-87; Ord. No. 8081, § 1, 9-25-97; Ord. No. 9145, § 2, 4-12-01; Ord. No. 9367, § 1, 6-13-02; Ord. No. 10,126, § 25, 8-11-05; Ord. No. 11,803, § 5, 11-21-11; Ord. No. 13,654, § 27, 12-14-17)

(a) Applicability. This section shall apply to all self-service, full-service, or combination self-service and full-service motor fuel retail outlet, regardless of whether the retail outlet is located on the grounds of or is owned by another retail business establishment that does not engage in the business of selling motor fuel.

(b) Construction. Nothing in this section shall be construed to require an automatically operating generating system. A minimum of a manual starting system and an approved manual transfer switch shall meet the intent of this section.

(c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternate generated power source or generator means any other approved means of on-site generation of reliable, sustained electrical power, other than that which is provided by normal electrical utility services.

Approved means receiving written approval by the chief building official as well as the following as applicable: (i) having the approval of a certified, nationally recognized testing laboratory and (ii) meeting the application requirements of the certified testing laboratory for which the use is offered by the applicant.

Essential emergency fueling system means all of the fuel pumps, all of the dispensing equipment, dispensing area lighting, all leak detection and monitoring equipment, all life safety systems, and all fuel payment-acceptance equipment normally operated during a retail outlet's regular business hours.

Motor fuel means gasoline, diesel fuel, liquefied gas, gasoline blended fuel, compressed natural gas, liquefied natural gas, and other products that are offered for sale, sold, used, or capable of use as fuel for a gasoline-powered engine or a diesel-powered engine.

Renovated motor fuel retail outlet means any retail outlet which has undergone a renovation on or after December 22, 2013, that entails:

(1) The construction valued at more than 50 percent of the tax appraised value of the improvements prior to construction;

(2) The removal and replacement of one or more storage tanks or pumps; or

(3) The addition of one or more storage tanks or dispensing pumps;

Retail outlet means the property where motor fuel is stored and dispensed as an act of retail sale from fixed equipment into the fuel tank of a motor vehicle. The term does not include a marina or the property of persons who sell or otherwise provide motor fuel exclusively to a private fleet of motor vehicles, including automobile dealers.

Sale or sell means a transfer of possession from a retailer to a consumer in connection with a purchase, sale, or exchange for value of motor fuel.

(d) Generators.

(1) Required. All retail outlets constructed on or after December 22, 2013, and all renovated motor fuel outlets shall be prewired with an approved, permanently installed and mounted generator and affixed transfer switch capable of operating all essential emergency fueling systems.

(2) Operation.

a. All generators required by this section shall be capable of operating all essential emergency fueling system components and dispensing motor fuel safely and reliably within 24 hours after any disaster or sustained electrical outage. Connecting to a second, or additional, electrical supply from any electrical utility service shall not be construed as compliance with this subsection.

b. All generators required by this section must be capable of supplying a minimum of 150 percent of the total ampacity requirements of all of the essential emergency fueling systems equipment for a period of not less than 72 continuous hours without refueling or recharging.

(3) Periodic testing. Each generator required by this section shall be tested at least each month to ensure compliance with the operational requirements of this section as well as NFPA 110, Standard for Emergency and Standby Power Systems—2013. Evidence of such testing shall be made available to the fire marshal upon request.

(e) Installation requirements. All generators required by this section shall be installed to comply with NFPA 70, the National Electrical Code—2014 and NFPA 110, Standard for Emergency and Standby Power Systems—2013. Installation of appropriate wiring, transfer switches, and electrical generating equipment shall be performed by a certified electrical contractor. The chief building official shall inspect this equipment and observe a successful full load operations check before issuing a certificate of occupancy for the retail outlet.

(f) Exceptions.

(1) It is an exception to the enforcement of subsection (d)(1) of this section if:

a. The retail outlet has three or fewer pumps and the retail outlet has been authorized in writing by the chief building official to utilize a portable standby generator meeting the following requirements:

1. The portable standby generator is stored on site at the retail outlet;

2. The portable standby generator provides a minimum of 150 percent of the total ampacity of the essential emergency fueling systems equipment; and

3. The transfer switch and wiring to each of the essential emergency fueling systems is permanently installed and affixed in accordance with the standards required in this section.

b. The retail outlet has more than 12 pumps that dispense a single type of motor fuel, then only 12 of those pumps and their associated essential emergency fueling system components are required to have a generator installed in compliance with subsection (d)(1) of this section; or

c. The retail outlet has more than 12 pumps that dispense two or more types of motor fuel, then only 12 of those pumps and their associated essential emergency fueling system components are required to have a generator installed in compliance with subsection (d)(1) of this section.

(2) It is an exception to the enforcement of subsection (d)(2)b. of this section if the retail outlet has been authorized in writing by the chief building official to utilize a portable standby generator in accordance with subsection (f)(1)a.

(Ord. No. 12,429, § 1, 12-12-13)

(a) The International Plumbing Code, 2015 edition, published by the International Code Council, Inc., as amended in section 18-462, is adopted and incorporated as fully as if set forth at length in this section as the plumbing code of the city and is made a part of this article for all intents and purposes. The official copy of the plumbing code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 24-1; Ord. No. 5015, § 1, 5-26-88; Ord. No. 9337, § 7, 3-28-02; Ord. No. 9760, § 3, 4-8-04; Ord. No. 10,663, § 2, 7-26-07; Ord. No. 11,515, § 10, 12-9-10; Ord. No. 13,654, § 28, 12-14-17)

The plumbing code adopted in section 18-461 shall be amended as follows:

Section 106.5.3 Expiration is amended to read as follows:

Every permit issued shall become invalid upon the expiration of 180 days after its issuance unless (i) the work authorized by such permit is commenced and an inspection is performed by the chief building official within the 180-day period, or (ii) the work authorized by such permit is extended by the chief building official in accordance with this section. The chief building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 106.6.2 Fee schedule is amended to read as follows:

The fees for all plumbing work and re-inspections shall be as indicated in section 2-595 of this code. Fuel gas and Medical Gas piping may be included as part of a plumbing permit when identified on the permit application.

Section 109 Board of appeals is deleted in its entirety and replaced by division 2 of article II of chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in section 18-461 shall mean and refer to the construction board of adjustment and appeals.

Section 608.16.5 Connections to lawn irrigations systems is amended to read as follows:

The potable water supply to lawn irrigations systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker or a reduced pressure principle backflow preventer. The potable water supply for residential irrigation systems that do not include chemical injection systems shall be protected with atmospheric vacuum breakers. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer.

Section 917 Air admittance valves is amended to read as follows:

The air admittance valves shall not be located inside buildings.

(Code 1967, § 24-2; Ord. No. 5015, § 1, 5-26-88; Ord. No. 5642, § 1, 9-27-90; Ord. No. 5865, § 2, 5-23-91; Ord. No. 9217, § 11, 9-13-01; Ord. No. 9278, § 4, 12-12-01; Ord. No. 9337, § 8, 3-28-02; Ord. No. 11,293, § 3, 1-28-10; Ord. No. 11,515, § 11, 12-9-10; Ord. No. 12,418, § 1, 11-18-13; Ord. No. 13,654, § 29, 12-14-17)

Any person who shall violate any section of this article shall, upon conviction, be punished as provided in section 1-14. This penalty replaces and supersedes any penalty contained within the plumbing code adopted in section 18-461.

(Code 1967, § 24-3; Ord. No. 5015, § 1, 5-26-88)

Before a plumbing permit is issued, the plumber shall present a valid state plumbing license and proof of insurance as required in section 18-465.

No plumbing permit shall be issued, except to a homeowner for work by him on his own home, until the plumber files with the chief building official a certificate of insurance meeting the requirements in section 18-1.

(Ord. No. 8708, § 3, 9-23-99; Ord. No. 13,654, § 30, 12-14-17)

(a) Purpose. The purpose of this section is to prevent the contamination of water delivered by the city's public water systems, whether within the city's corporate limits or its extraterritorial jurisdiction.

(b) In general. No water service connection shall be made to any plumbing system where a potential or actual contamination hazard exists unless the water supply is protected in accordance with the commission rules and this section.

(c) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Backflow means the reversal of the flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of a public water system.

Backflow prevention assembly tester or tester means a licensed backflow prevention assembly tester, who holds a current license as a backflow prevention assembly tester from the commission.

Commission means the state commission on state environmental quality.

Commission rules means those rules governing public water systems and found in Title 30 of the Texas Administrative Code, Chapter 290, Subchapter D.

Public water system means a system for the provision of water to the public as defined in Title 30 of the Texas Administrative Code, Section 290.38.

(d) Prohibitions.

(1) Backflow is prohibited. A person shall not maintain a backflow prevention device, plumbing fixture, equipment, or any other device that permits backflow, or fail to install a backflow prevention device that is required under this section.

(2) No water service connection shall be made to any plumbing system where a potential or actual contamination hazard exists unless the water supply is protected in accordance with the commission rules and this section.

(3) No backflow prevention assembly or device shall be removed from use, relocated, or other assembly or device substituted without having a customer service inspection performed and the approval of the chief building official. Whenever the existing assembly or device is moved from the present location or cannot be repaired, the backflow assembly or device shall be replaced with a backflow prevention assembly or device that complies with this section, the commission, or the plumbing code adopted in section 18-461, whichever is most stringent.

(e) Program. The director of public works shall administer and maintain a program for the receipt of annual testing and maintenance reports of all backflow devices in accordance with section 290.44(h) of the commission's rules. The chief building official and the director of public works may enter property that receives water service from the city's public water system to inspect backflow prevention devices.

(f) Testing.

(1) All backflow prevention assemblies shall be tested upon installation by a licensed backflow prevention assembly tester and certified to be operating within specifications as required and regulated by the commission. With the exception of backflow prevention assemblies associated with non-hazardous residential lawn irrigation systems, all backflow prevention assemblies, which are installed to provide protection against health hazards, must also be tested and certified to be operating within specifications at least annually by a licensed backflow prevention assembly tester.

(2) All backflow prevention assemblies shall be installed and tested in accordance with the manufacturer's instructions, as required and regulated by the commission or as specified by the commission or as specified by the chief building official. The tester is required to submit the test report through the city's authorized system of record within five days of testing. The tester is required to pay the fee associated with submitting the test report to the city as specified in section 2-595. The tester must also maintain a current calibration certificate and tester license on the city's authorized system of record.

(g) Maintenance.

(1) Each property owner is responsible for the maintenance and repair of each backflow prevention device that is located on the property owner's property.

(2) Assemblies shall be repaired, overhauled, or replaced at the expense of the owner whenever said assemblies are found to be defective by a backflow prevention assembly tester. Original forms of such test, repairs, and overhaul shall be kept and submitted through the city's approved method within five working days of the test, repair or overhaul of each backflow prevention assembly. No backflow prevention device may return to service until the owner has repaired or replaced a backflow prevention device that is found to be defective.

(3) Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the commission standards. The original calibration form must be submitted to the chief building official within five days of his request.

(h) Customer service inspections.

(1) Required. A customer service inspection shall be completed at the property owner's expense

a. Prior to providing continuous water service to:

1. All new construction, as requested by the chief building official; or

2. Any existing service when the chief building official or the director of public works has reason to believe that a cross-connection or other contaminant hazard exists; or

b. After any material improvement, correction, or addition to the private water distribution facilities that requires a building permit.

(2) Customer service inspector qualifications. Only individuals with the following credentials shall be recognized as capable of conducting a customer service inspection:

a. Plumbing inspectors and water supply protection specialists that have been licensed by the state board of plumbing examiners; or

b. Inspectors that have been licensed by the commission or its designated agent, and hold a current license issued by the commission.

(3) Report. A customer service inspection shall be deemed successful only if the inspection report contains a certification stating compliance to current commission regulations or plumbing code including the following:

a. No direct connection between the public drinking water supply and a potential source of contamination exists. Potential sources of contamination are isolated from the public water system by an air gap or an appropriate backflow prevention assembly in accordance with commission regulations.

b. No cross-connection between the public drinking water supply and a private water system exists. Where an actual air gap is not maintained between the public water supply and a private water supply, an approved reduced pressure principle backflow prevention assembly is properly installed.

c. No connection exists which allows water to be returned to the public drinking water supply is permitted.

d. No pipe or pipe fitting which contains more than 8.0 percent lead exists in private water distribution facilities installed on or after July 1, 1988, and prior to January 4, 2014.

e. Plumbing installed on or after January 4, 2014, bears the expected labeling indicating 0.25 percent lead content. If not properly labeled, please provide written comment.

f. No solder or flux which contains more than 0.2 percent lead exists in private water distribution facilities installed on or after July 1, 1988.

The inspector is required to submit the customer service inspection report through the city's authorized system of record within five (5) days of the inspection. The inspector is required to pay the fee associated with submitting the report to the city's authorized system of record as specified in section 2-595. The inspector must maintain a current calibration certificate and license on the city's approved system of record.

(i) Fire hydrant protection. Reduced-pressure principle backflow prevention assembly (RPBA) shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the public water supply.

(1) An RPBA must be installed if any solution other than potable water can be introduced into the system.

(2) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this section. All fire hydrant meter rentals shall meet the current requirements as provided for by the city.

(j) Suspension of services.

(1) The director of public works shall suspend or discontinue and disconnect service to a person if the director determines that contamination or pollution due to backflow presents an imminent threat to the public water system, presents an imminent danger to public health or safety, or threatens to interfere with the operation of the public water system.

(2) The director of public works may suspend or discontinue water service if a required backflow prevention assembly is not installed, maintained and tested in accordance with the commission rules and this section.

(Ord. No. 9238, § 1, 9-27-01; Ord. No. 12,418, § 2, 11-18-13; Ord. No. 13,654, § 31, 12-14-17; Ord. No. 13,750, § 2, 4-26-18; Ord. No. 14,327 §§ 1—5, 2-13-20)

(a) Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Irrigation installer means a person who performs the functions of an installer by connecting an irrigation system to any water supply, or represents that they can perform this function. An installer must work under the direct supervision of a state licensed irrigator when performing this function.

Irrigation system means an assembly of component parts permanently installed for the controlled distribution and conservation of water to irrigate landscape vegetation, reduce dust, or control erosion. The term does not include a system used on or by an agricultural operation as defined by V.T.C.A., Agriculture Code § 251.002.

(b) Permit; registration. Before installing an irrigation system within the city limits or its extraterritorial jurisdiction, an irrigation installer must obtain a plumbing permit. Before such permit is issued, the irrigation installer shall present a valid state irrigation permit and proof of insurance as required in section 18-465 and satisfy the registration requirements for plumbing services pursuant to section 18-1 of this Code.

(c) Fees. The fees for all irrigation system work shall be as indicated in section 18-255 of this Code.

(d) Minimum standards and specifications. The following minimum standards and specifications shall apply to all irrigation installations:

(1) Connection of irrigation systems to any water supply. The connection of the irrigation systems to any water supply shall be in accordance with all state laws, rules and regulations and shall comply with the city's plumbing code as adopted in section 18-461.

(2) Design, installation, and operation of irrigation systems. The design, installation and operation of irrigation systems shall be in accordance with all state laws, rules and regulations and shall comply with the parameters set forth in the plumbing code as adopted in section 18-461.

(3) Water conservation. All irrigation systems shall be designed, installed, maintained, repaired, and serviced in a manner that will promote water conservation in accordance with state laws, rules and regulations. Additionally, all irrigation systems shall be designed and installed with precipitation sensors to shut off the irrigation system in accordance with their design. Such sensors shall be maintained, repaired, and serviced in a manner that will promote water conservation.

(4) Duties and responsibilities of licensed irrigators. An installer of an irrigation system must comply with all duties and responsibilities as required by the state.

(e) Exceptions. This section does not apply to:

(1) An on-site sewage disposal system, as defined by V.T.C.A., Health and Safety Code § 366.002;

(2) An irrigation system:

a. Used on or by an agricultural operation as defined by V.T.C.A., Agriculture Code § 251.002; or

b. Connected to a groundwater well used by the property owner for domestic use.

(Ord. No. 10,756, § 1, 9-19-07; Ord. No. 13,654, § 32, 12-14-17)

This article is declared to be remedial and shall be construed to secure the beneficial interest and purposes thereof, which are the health, sanitation, general public safety and welfare of the citizens of the city, by regulating the installation and maintenance of all mechanical equipment.

(Code 1967, § 16½-1; Ord. No. 2025, § 1, 6-24-76)

Any person violating this article shall be guilty of an offense and upon conviction shall be fined as provided in section 1-14. A failure to comply with any requirement in this article or the mechanical code adopted and amended in this article shall constitute a violation.

(Code 1967, § 16½-7; Ord. No. 2025, § 1, 6-24-76; Ord. No. 7202, § 3, 1-12-95)

The mechanical board is merged with and referred to as the construction board of adjustments and appeals under division 2 of article II of this chapter.

(Code 1967, § 16½-2; Ord. No. 2025, § 1, 6-24-76; Ord. No. 2706, § 1, 8-1-79; Ord. No. 4501, §§ 1—3, 7-10-86; Ord. No. 4786, § 1, 8-27-87; Ord. No. 5948, § 2, 8-1-91; Ord. No. 7330, § 2, 6-8-95)

(a) The International Mechanical Code, 2015 edition, as published by the International Code Council, Inc., as amended in section 18-557, is adopted and incorporated as fully as if set forth at length in this section as the mechanical code of the city and is made a part of this article for all intents and purposes. The official copy of the mechanical code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 16½-5; Ord. No. 2025, § 1, 6-24-76; Ord. No. 9337, § 9, 3-28-02; Ord. No. 9760, § 4, 4-8-04; Ord. No. 10,663, § 3, 7-26-07; Ord. No. 11,515, § 12, 12-9-10; Ord. No. 13,654, § 34, 12-14-17)

The mechanical code adopted in section 18-556 shall be amended as follows:

Section 106.3.a Placement of Permit is added to read as follows:

106.3.a Placement of Permit. Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises visible from the street. The permit card shall be protected from the weather and located in such position as to permit the chief building official to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the chief building official.

Section 106.4.3 Expiration is amended to read as follows:

Every permit issued shall become invalid upon the expiration of 180 days after its issuance unless (i) the work authorized by such permit is commenced and an inspection is performed by the chief building official within the 180-day period, or (ii) the work authorized by such permit is extended by the chief building official in accordance with this section. The chief building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 109 Board of appeals is deleted in its entirety and replaced by division 2 of article II of chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in section 18-556 shall mean and refer to the construction board of adjustment and appeals.

(Code 1967, § 16½-6; Ord. No. 2025, § 1, 6-24-76; Ord. No. 5948, § 3, 8-1-91; Ord. No. 9337, § 10, 3-28-02)

It shall be unlawful for any person to engage in the business of air conditioning contracting in the city unless such work is done under the supervision and control of a duly licensed air conditioning contractor or to engage in any other activity defined in this article without the proper license and permit, unless such person is exempted by section 18-587.

(Code 1967, § 16½-10; Ord. No. 2127, § 2, 11-23-76; Ord. No. 7202, § 4, 1-12-95)

(a) The licensing requirement in section 18-586 does not apply to a person who:

(1) Performs air conditioning and refrigeration contracting in a building owned solely by him as his home;

(2) Performs air conditioning or refrigeration maintenance work if the person is a maintenance man or maintenance engineer who is a regular bona fide employee of the property owner, the property lessee or the management company managing the property where the maintenance work is being performed; the work is performed in connection with the business in which the person is employed; and the person and the person's employer referred to in this subsection do not engage in the occupation of air conditioning and refrigeration contracting for the general public;

(3) Performs air conditioning and refrigeration contracting and is regularly employed by a regulated electric or gas utility;

(4) Is licensed as a professional engineer under the Texas Engineering Practice Act, performs work in connection with the business in which the person is employed, and does not engage in the practice of air conditioning and refrigeration contracting for the general public;

(5) Performs process cooling or heating work for an industrial operation such as a chemical plant, petrochemical plant, refinery, natural gas plant or natural gas treating plant when employed by that operation;

(6) Performs air conditioning and refrigeration contracting on:

a. A portable or self-contained ductless air conditioning or refrigeration product that has a cooling capacity of three tons or less;

b. A portable or self-contained heating product that does not require the forced movement of air outside the heating unit; or

c. Environmental air conditioning equipment that is intended for temporary use and is not fixed in place;

(7) Performs air conditioning services only on a motor vehicle air conditioning unit or who employs a person who performs air conditioning services only on a motor vehicle air conditioning unit; or

(8) Is registered as a manufacturer, retailer or installer and is regulated pursuant to the Texas Manufactured Housing Standards Act and who engages exclusively in air conditioning and refrigeration contracting for manufactured homes, in the installation of manufactured homes or in providing retailer or manufacturer warranty services free of charge.

(b) The work described by subsection (a) of this section remains subject to all permit, inspection and approval requirements prescribed in this article.

(c) A person licensed under this division may not perform or offer or attempt to perform any act, service or function regulated under V.T.C.A., Natural Resources § 113.001 et seq., unless licensed or exempted by rule under that law. Likewise a person regulated under V.T.C.A., Natural Resources Code § 113.001 et seq. may not perform or offer or attempt to perform air conditioning or refrigeration contracting unless licensed by the state under the Air Conditioning and Refrigeration Contractor License Law and permitted by the city.

(d) A person licensed under this division may not perform or offer or attempt to perform any act, service or function that is defined as plumbing work under the Plumbing License Law unless licensed under that law. A person who is licensed in this state as a plumber and is engaged in business as a plumber may not perform or offer or attempt to perform air conditioning and refrigeration contracting unless licensed under the Air Conditioning and Refrigeration Contractor License Law and permitted by the city.

(Code 1967, § 16½-11; Ord. No. 2127, § 2, 11-23-76; Ord. No. 3805, § 2, 3-22-84; Ord. No. 7202, § 5, 1-12-95)

Every application for a permit required under this division must be in writing on a form furnished for that purpose, which shall require the name and address of the applicant, the name and address of the owner for whom the services will be performed, the address and legal description of project where the services will be performed, the scope of the work required, a statement that the applicant holds a current license issued by the state under the Air Conditioning and Refrigeration Licensing Law, the expiration date of such license and such other relevant information as may be required by the mechanical board. All applications shall be sworn to before an officer of the state authorized to administer oaths and officially certified by such officer under his seal of office. Such application shall be accompanied by either a certified copy of the applicant's policy of insurance or a properly executed certificate of insurance as required by section 18-591.

(Code 1967, § 16½-12; Ord. No. 2127, § 2, 11-23-76; Ord. No. 3805, § 3, 3-22-84; Ord. No. 7202, § 6, 1-12-95)

(a) It shall be unlawful for a licensed air conditioning contractor to permit his license to be used in any manner contrary to any of the provisions of the mechanical code or to obtain a permit required under this division in his name or to allow the use of his name directly or indirectly by another person for the purpose of obtaining a permit when such licensed air conditioning contractor does not intend to or does not in fact take out permits for air conditioning work to be done by another person, other than the person by whom he is employed.

(b) A licensed air conditioning contractor shall not be simultaneously employed by or work for more than one business entity for the purpose of supervising work that can only be done by authority of a permit obtained under this division and that cannot both be done.

(c) A permit issued under this division shall not be transferable.

(Code 1967, § 16½-18; Ord. No. 2127, § 2, 11-23-76; Ord. No. 7202, § 12, 1-12-95)

No permit shall be issued for an air conditioning contractor under this division until the person who is otherwise entitled to have such permit issued to him furnishes to the mechanical inspector or official certified copies of policies of insurance or properly executed certificate of insurance confirming and verifying that such person has insurance meeting or exceeding the requirements in section 18-1 in force.

(Code 1967, § 16½-20; Ord. No. 2127, § 2, 11-23-76; Ord. No. 7202, § 14, 1-12-95; Ord. No. 8708, § 4, 9-23-99; Ord. No. 13,654, § 35, 12-14-17)

All trucks and vehicles used by air conditioning contractors in the performance of their work must have the name and license number printed on the doors of such trucks and vehicles in letters not less than two inches high.

(Code 1967, § 16½-23; Ord. No. 2237, § 1, 5-26-77)

This article is declared to be remedial and shall be construed to secure the beneficial interest and purposes thereof, which are the health, sanitation, general public safety and welfare of the citizens of the city, by regulating the installation and maintenance of all fuel gas systems.

(Ord. No. 9337, § 17, 3-28-02)

(a) The International Fuel Gas Code, 2015 edition, as published by the International Code Council, Inc., as amended in section 18-623 is adopted and incorporated as fully as if set forth at length in this section as the fuel gas code of the city and is made a part of this article for all intents and purposes. The official copy of the fuel gas code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Ord. No. 9337, § 17, 3-28-02; Ord. No. 9760, § 5, 4-8-04; Ord. No. 10,663, § 4, 7-26-07; Ord. No. 11,515, § 13, 12-9-10; Ord. No. 13,654, § 36, 12-14-17)

The fuel gas code adopted in section 18-622 shall be amended as follows:

Section 106.4.3 Expiration is amended to read as follows:

Every permit issued shall become invalid upon the expiration of 180 days after its issuance unless (i) the work authorized by such permit is commenced and an inspection is performed by the chief building official within the 180-day period, or (ii) the work authorized by such permit is extended by the chief building official in accordance with this section. The chief building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 106.5.2 Fee schedule

The fees for all plumbing work and re-inspections shall be as indicated in section 2-595 of this code.

Section 107.5.a Discontinued gas service is added to read as follows:

When gas service has been discontinued to a gas system for any reason the entire system shall be tested in accordance with section 406, before gas service will be reconnected.

Section 109 Board of appeals is deleted in its entirety and replaced by division 2 of article II of chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in section 18-622 shall mean and refer to the construction board of adjustment and appeals.

(Ord. No. 9337, § 17, 3-28-02; Ord. No. 11,293, § 4, 1-28-10; Ord. No. 11,515, § 14, 12-9-10)

This article is declared to be remedial and shall be construed to secure it's expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.

(Ord. No. 9337, § 18, 3-28-02)

(a) The International Property Maintenance Code, 2015 edition, including Appendix A, as published by the International Code Council, Inc., as amended in section 18-626 is adopted and incorporated as fully as if set forth at length in this section as the property maintenance code of the city and is made a part of this article for all intents and purposes. The official copy of the property maintenance code is on file in the office of the chief building official.

(b) The provisions in the property maintenance code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities maintenance.

(c) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(d) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Ord. No. 9337, § 18, 3-28-02; Ord. No. 9760, § 6, 4-8-04; Ord. No. 10,663, § 5, 7-26-07; Ord. No. 11,515, § 15, 12-9-10; Ord. No. 13,654, § 37, 12-14-17)

The property maintenance code adopted in section 18-625 shall be amended as follows:

Section 111 Board of appeals is deleted in its entirety and replaced by division 2 of article II of chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in section 18-625 shall mean and refer to the construction board of adjustments and appeals established in article II of this chapter.

(Ord. No. 9337, § 18, 3-28-02; Ord. No. 11,803, § 6, 11-21-11)

This article is declared to be remedial and establishes minimum prescriptive and performance-related regulation for the design of energy-efficient buildings and structures for the effective use of energy.

(Ord. No. 9337, § 19, 3-28-02)

(a) The International Energy Conservation Code, 2015 edition, as published by the International Code Council, Inc., is adopted and incorporated as fully as if set forth at length in this section as the energy conservation code of the city and is made a part of this article for all intents and purposes. The official copy of the energy conservation code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Ord. No. 9337, § 19, 3-28-02; Ord. No. 9760, § 7, 4-8-04; Ord. No. 10,663, § 6, 7-26-07; Ord. No. 11,515, § 16, 12-9-10; Ord. No. 13,654, § 38, 12-14-17)

(a) The 2015 edition of the International Residential Code, including Appendices E, H, I, J and M, as amended in section 18-652, is adopted and incorporated as fully as if set forth at length in this section and the provisions therein shall be controlling in the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhouses in the city. The official copy of the residential code is on file in the office of the chief building official.

(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.

(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in section 1-14.

(Code 1967, § 7-5; Ord. No. 897, §§ 1, 5, 10-26-67; Ord. No. 9278, § 6, 12-12-01; Ord. No. 9337, § 20, 3-28-02; Ord. No. 9760, § 9, 4-8-04; Ord. No. 10,663, § 7, 7-26-07; Ord. No. 11,515, § 17, 12-9-10; Ord. No. 13,654, § 39, 12-14-17)

The residential code adopted in section 18-651 shall be amended as follows:

Section R108.2 Schedule of permit fees is amended to read as follows:

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fee schedules established in Chapter 2 of the Code.

Section R108.3 Building permit valuations is repealed in its entirety.

Section R112 Board of Appeals is amended to read as follows:

Section R112 "Board of Appeals" is repealed in its entirety and replaced by Chapter 18, Article II, Division 2. Any reference to the Board of Appeals in the code adopted in section 18-651 shall mean and refer to the Construction Board of Adjustments and Appeals established in Chapter 18, Article II, Division 2 of this code.

Section 403.1.7.3 Foundation Elevation is amended to read as follows:

On graded sites, not within the designated special flood hazard areas, the top of any exterior foundation shall extend above the elevation of the crown of the road a minimum of 18 inches plus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. A registered surveyor shall certify the finished floor elevation to be in compliance with this section. A copy of such certification shall be presented to the building official prior to issuance of the certificate of occupancy.

Part VIII Electrical is amended to add the following:

Wherever differences may occur between the International Residential Code, Part VIII Electrical and (i) NFPA 70, the National Electrical Code or (iii) Chapter 18, Article III of this code, the provision of NFPA 70, the National Electrical Code and Chapter 18, Article III of the code of ordinances shall take precedence.

(Code 1967, § 7-5.1; Ord. No. 2102, § 1, 10-18-76; Ord. No. 2512, § 1, 7-27-78; Ord. No. 2970, § 1, 9-11-80; Ord. No. 3022, § 1, 11-13-80; Ord. No. 9278, § 7, 12-12-01; Ord. No. 9337, § 20, 3-28-02; Ord. No. 11,123, §§ 6—8, 5-28-09; Ord. No. 11,221, §§ 6—8, 10-19-09; Ord. No. 11,515, § 18, 12-9-10; Ord. No. 13,654, § 40, 12-14-17; Ord. No. 14,093, § 2, 6-13-19; Ord. No. 15,362, § 4, 2-9-23)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure means a structure or building, the use of which is incidental to that of the main building(s), and which is attached thereto or located on the same premises.

Bedroom means any room or space used or intended to be used for sleeping purposes.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building official means the chief building official of the city.

Common area means communal areas of the complex, including hallways, stairways, lobby areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots.

Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters of a family and including facilities for food preparation, sleeping and sanitation.

Indebted shall mean owing a debt to the city, without regard to ability or inability to pay the same, where the amount is delinquent, provided that a debtor who remains current on all obligations of an installment agreement executed by the debtor regarding a debt shall not be deemed indebted for purposes of this division.

Landlord has the traditional meaning of owner or lessor, and additionally includes management company, or managing agent, including on-site manager, of a multi-family dwelling complex.

Multi-family dwelling complex:

(a) Multi-family dwelling complex means three or more dwelling units that are under common ownership or that are managed by the same person, and that are on the same lot or on adjoining lots or tracts; and/or

(b) The term also includes any accessory structures and facilities incidental to the use thereof, including, but not limited to, yards, courts, parking areas, storage buildings, offices, maintenance buildings, equipment buildings, mail rooms, laundry facilities, swimming pools, spas, ponds, wells, cabanas, play rooms and play yards, recreational and picnic facilities, public assembly rooms, garages, carports, fences, walls, and all other similar buildings, structures, and facilities on the premises.

(c) The term shall not include jails, hospitals, nursing homes, hotels, or motels. The term shall not include dwelling units, which are owner-occupied or which are on a junior college campus occupied by a student or a student and the student's family and in which the dwelling unit is owned by the junior college. The term shall also not include a lodginghouse, boardinghouse, or an assisted living facility licensed by the state.

Owner means any person holding title to a multi-family dwelling complex, according to the deed records in the county clerk's office of the county in which the complex is situated.

Surveillance device means an optical or electronic monitoring device capable of recording information digitally or otherwise, but does not include dummy or fake cameras or other similar decoy.

Tenant means a person, corporation, partnership or group other than the legal owner of record, occupying a building or portion thereof.

(Ord. No. 10,800, § 2, 1-10-08; Ord. No. 11,803, § 7, 11-21-11)

(a) The purpose of this division is to protect the life, health, safety, welfare, and property of the occupants of multi-family complexes and the general public by establishing a process to enforce the minimum building standards and to provide equitable and practical criminal, administrative, and civil remedies for the violation of minimum building standards and property maintenance codes.

(b) This division is found to be remedial and essential to the public interest, and it is intended that this division be liberally construed to effect its purpose.

(Ord. No. 10,800, § 2, 1-10-08)

(a) This division shall apply to all multi-family dwelling complexes located in the city which are now in existence or which may hereafter be constructed or converted from other uses.

(b) The building official is authorized to administer and enforce the provisions of this division.

(Ord. No. 10,800, § 2, 1-10-08)

(a) No multi-family dwelling complex shall be used or occupied, and no change in the existing occupancy classification or ownership of a multi-family dwelling complex, or any portion thereof, shall be made until the landlord has obtained a certificate of occupancy.

(b) Within 30 days after a change of ownership of a multi-family dwelling complex, the landlord shall obtain a new certificate of occupancy in order to continue operating. The complex, including all occupied and all vacant dwelling units, shall be subject to a complete certificate of occupancy inspection by the building official before a new certificate of occupancy will be issued. Should the landlord make application for a certificate of occupancy necessitated by a change in ownership within 15 days of such change, the building official may extend the 30-day period if the requisite inspections cannot be performed within 30 days of the change in ownership.

(c) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or codes adopted by the city. Certificates presuming to give authority to violate or cancel the provisions of this code and other applicable codes shall not be valid. Changes in the character or use of a building shall not be made except as provided in the building code or property maintenance code, as applicable.

(d) The certificate of occupancy for all multi-family dwelling complexes shall be posted in a conspicuous place on the premises of the complex, and shall not be removed except by the building official.

(e) If the building official determines that the complex fails the certificate of occupancy inspection, all units within the complex that are vacant at the time of inspection or thereafter becoming vacant, shall be posted for non-occupancy, and the landlord shall not allow the occupancy of such units until the complex passes final inspection and is issued a certificate of occupancy.

(f) The building official may revoke a certificate of occupancy in accordance with section 110.4 of the building code adopted in section 18-91.

(Ord. No. 10,800, § 2, 1-10-08)

(a) The landlord of a multi-family dwelling complex shall annually register the complex with the chief building official by December 31 of each year.

(b) The landlord of a multi-family dwelling complex which is constructed after the effective date of the ordinance from which this division derives shall register the complex within 30 days after the complex receives its certificate of occupancy, and annually thereafter.

(c) A registration is valid for one year from the date the completed registration form is filed in the office of the building official, and payment of the registration fee has been made, unless the ownership of the complex changes.

(d) If a change of ownership of the complex occurs during the period that a registration is otherwise valid, the landlord of the complex shall have 30 days from the date the change of ownership occurred to file a new registration with the building official and pay a new registration fee.

(e) The registration shall be verified under oath and shall be on a form prescribed by the building official and shall at a minimum contain the following information about the complex:

(1) Trade name, physical address and business address of the multi-family dwelling complex;

(2) The names, addresses and telephone numbers of the owner, landlord if different from the owner, property manager, resident manager, registered agent, any mortgagees, and governmental funding agencies;

(3) The type of business entity that owns the complex;

(4) If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and physical address of any of the following:

a. For a corporation, a corporate officer;

b. For a partnership, a general partner;

c. For a limited liability company, the managing or administrative member;

d. For a limited partnership, a general partner;

e. For a limited liability partnership, a general partner;

f. For a limited liability limited partnership, a general partner;

g. For a trust, a trustee;

h. For a real estate investment trust, a general partner or an officer; or

i. For any other legal entity not named above, a duly authorized agent.

(5) If the property is owned by a person, other than an individual, who resides outside the state, the owner shall designate a registered agent in the state, who will accept legal service on behalf of the owner. If the property is owned by a person who is an individual and who lives outside the state, the individual shall either designate a registered agent in the state, who will accept legal service on behalf of the owner, or provide a physical address where the owner may receive legal service;

(6) The names and physical address (not a post office box) of designated employees or authorized representatives who shall be assigned to respond to emergency conditions, and a telephone number where each employee and representative can be contacted, either directly or indirectly though a telephone answering service, during any 24-hour period. Emergency conditions as used in this subsection shall include emergencies related to a condition of the multi-family dwelling complex that materially affects the physical health or safety of an ordinary tenant;

(7) The names and physical address (not a post office box) of designated employees or authorized representatives who shall be assigned to respond to the city's request for information or assistance in the event of emergency conditions, and a telephone number where each employee and representative can be contacted, either directly or indirectly though a telephone answering service, during any 24-hour period. Emergency conditions as used in this subsection shall include fire, natural disaster, flood, burst pipes, collapse hazard, and violent crime;

(8) A copy of a site plan depicting the total number of all buildings within the complex, including a description of the use of each building, the location of each building within the complex, and the number of dwelling units contained in each building;

(9) The total number of dwelling units;

(10) The number of dwelling units per category, broken down as the number of efficiencies, one bedroom, two bedrooms, three bedrooms and four bedrooms;

(11) The habitable space in each unit;

(12) The habitable space in each bedroom;

(13) The number and type of alarm systems maintained by the landlord on the premises and the names and telephone numbers of the alarm companies which respond to alarms or relay alarms to emergency services;

(14) Certification by the landlord that:

a. An inspector holding the appropriate current licenses has inspected the fire hydrants, fire sprinkler system and fire alarm systems since the date of the last certificate of registration was issued under this division for the multi-family dwelling complex and in any event within 12 months of submitting a registration form, and

b. The inspections revealed that all such systems were in compliance with this code and all codes adopted in compliance therewith.

Attached to such certification shall be the results of the third party inspector;

(15) Certification by the landlord that any access gates and any surveillance devices are in proper working order;

(16) Certification by the landlord that the landlord is not indebted to the city, including, but not limited to, indebtedness related to ad valorem taxes and/or utility services;

(17) Certification by a person, licensed under the Texas Structural Pest Control Act, Vernon's Ann. Civ. St. art. 135b-6, that the multi-family dwelling complex has been sprayed and treated for insects, rodents and vermin within the preceding six months;

(18) A certification that every dwelling unit is equipped with a smoke detector device in proper working order;

(19) Acknowledgement of receipt of copy of this division; and

(20) An agreement to abide by this division.

(f) If any change in the information required by subsections (e)(1) through (e)(13) occur, the owner shall notify the building official in writing within 30 days of the change, in a manner prescribed by the chief building official.

(Ord. No. 10,800, § 2, 1-10-08)

(a) Basis. The landlord of a multi-family dwelling complex shall pay the city fees to offset the city's costs of administration, registration and inspection. The fees shall be paid at the time of registration.

(b) Registration fees.

(1) An annual fee specified in section 2-595 shall be:

a. Submitted annually with the registration form required by section 18-701; and

b. Submitted with a new registration upon a change of ownership of the complex.

(2) Annual registrations postmarked or received later than December 31 shall be assessed an additional fee as specified in section 2-595.

(3) Registrations received after 30 days of ownership change shall be assessed a late fee as specified in section 2-595 at the time of the registration.

(c) Reissuance fees. The fee for issuance or replacement of a lost, destroyed or mutilated certificate of registration is established in section 2-595.

(Ord. No. 10,800, § 2, 1-10-08; Ord. No. 13,654, § 41, 12-14-17)

(a) The chief building official may conduct:

(1) Inspections for issuance of certificate of occupancy;

(2) Inspections based on indications of code violations, including complaints filed with the chief building official;

(3) Periodic inspections; and

(4) Follow-up inspections.

(b) The following areas of a multi-family dwelling complex shall be subject to periodic inspection by the building official:

(1) All building exteriors;

(2) All exterior and interior common areas;

(3) Vacant dwelling units; and

(4) Occupied dwelling units upon receipt of complaint by the unit's tenant or as otherwise allowed by law.

(c) The building official may inspect portions of a multi-family dwelling complex as frequently as the building official deems necessary. The building official shall schedule periodic inspections no less frequently than once every year.

(d) The landlord of a multi-family dwelling complex shall make all exteriors, all exterior and interior common areas, and all vacant dwelling units of the complex available to the building official for inspections at all reasonable times subject to the authority provided by subsection (l) below.

(e) The landlord of a multi-family dwelling complex that fails a periodic inspection shall correct all violations identified by the periodic inspection report within 30 days or within a reasonable time in accordance with industry standards.

(f) The building official is authorized to make follow-up inspections of a multi-family dwelling complex which fails the initial periodic inspection and to inspect all areas included in the periodic inspection as well as occupied dwelling units, in such frequency and scope as the building official deems necessary to determine compliance with this division and with all applicable codes.

(g) For every inspection after the first follow-up inspection, the city shall assess the landlord a follow-up inspection fee of $100.00 per building in which a violation persists. For purposes of this subsection and subsection (h) all of the common areas shall constitute one building. Written notice of the assessed follow-up inspection fee shall be sent by the building official via U.S. mail to the landlord.

(h) The landlord of a multi-family dwelling complex that fails a non-periodic inspection shall correct all violations identified by the non-periodic inspection. Violations identified by a non-periodic report shall be corrected within a reasonable time in accordance with industry standards. If the multi-family dwelling complex fails a follow-up non-periodic inspection, the landlord shall pay the city a follow-inspection fee of $100.00 per building in which a violation persists.

(i) In the event that there is a dispute regarding a fee assessed, the landlord of a multi-family dwelling complex must file with the building official a written request for an administrative hearing not later than the thirtieth day after the fee is assessed under subsection (g) or (h) of this section. The fee shall be considered assessed on the date the notice is mailed by the city to the landlord.

(j) An administrative hearing shall be conducted by the city manager on the assessment of a fee under subsection (g) or (h) of this section not later than the twentieth day after the date the hearing request is filed.

(k) In addition to the other authority granted by this section, the building official is authorized to inspect a multi-family dwelling complex with greater frequency than provided above if the building official has cause to believe that the complex is not in compliance with this division, this code or other applicable codes of the city.

(l) In addition to other authority granted by this section, the building official has all rights and authority granted by Article 18.05 of the Texas Code of Criminal Procedure. Inspections shall comply with all federal, state, and local laws, regulations, and ordinances.

(m) If the building official determines that a dwelling unit fails an inspection made pursuant to subsection (a) of this section, all units within the building in which such dwelling unit is located that are vacant at the time of inspection or thereafter become vacant, shall be posted for non-occupancy, and the landlord shall not allow the occupancy of such units until the units in the building pass the applicable inspection.

(Ord. No. 10,800, § 2, 1-10-08; Ord. No. 12,735, § 1, 12-11-14)

(a) The landlord of a multi-family dwelling complex shall conduct a visual inspection of each dwelling unit within the complex.

(1) The inspection of a dwelling unit shall be conducted:

a. A minimum of once annually; and

b. When the occupancy of the unit changes.

(2) The landlord shall sign each inspection report, and shall require a tenant to sign the report for the tenant's dwelling unit. If the tenant disagrees with any notation made by the landlord on the report, the landlord shall permit the tenant to make written comments on the report prior to signing it. The landlord shall provide the tenant with a copy of the report after it is signed by the tenant and the landlord.

(3) The minimum building and property maintenance standards established by the property maintenance code and other applicable city codes shall be covered by the inspection, including, but not limited to, the following items:

a. Electrical facilities;

b. Plumbing facilities;

c. Heating facilities;

d. Ventilation;

e. Smoke detectors;

f. Fire walls;

g. Occupancy limitations;

h. Means of ingress/egress;

i. Handrails and guardrails; and

j. Rubbish and garbage.

(4) The failure of a landlord to make inspections as required by this subsection, to maintain records of the inspections, and to permit inspection of those records pursuant to subsection (b) may cause the complex to fail inspection.

(b) A landlord shall maintain reports of the inspections conducted pursuant to subsection (a) for all dwelling units within the multi-family dwelling complex.

(1) The reports shall either be on a form provided by the building official or on a form that complies with the requirements of the building official. A lease document containing information required by this subsection may serve as part of the report.

(2) A report shall include:

a. Places for marking whether the dwelling unit complies with the standards set by this section;

b. The names of all persons authorized to occupy the dwelling unit, excluding overnight guests;

c. The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted, either directly or indirectly via an answering service, during any 24-hour period. Emergency conditions as used in this subsection shall include emergencies related to a condition of the multi-family dwelling complex that materially affects the physical health or safety of an ordinary tenant; and

d. A notice for reporting code violations to the city in a form provided by the building official.

(3) The landlord shall maintain these inspection reports on the premises of the complex, and shall make them available to the building official for inspection at all reasonable times. If there is no business office on the premises of the complex, the landlord shall maintain reports at the landlord's central business office, and shall make them available to the building official for inspection at the complex at all reasonable times.

(4) The inspection reports shall be maintained for a minimum of three years.

(Ord. No. 10,800, § 2, 1-10-08)

The landlord of a multi-family dwelling complex shall provide the following crime prevention measures:

(1) Signs for emergencies and code violations. A landlord of a multi-family dwelling complex shall post and maintain signs on the premises of the complex which include the following:

a. Emergency numbers.

1. A telephone number that will be answered 24-hours a day for the purpose of reporting to the landlord emergencies related to a condition of the multi-family dwelling complex that materially affects the physical health or safety of an ordinary tenant; and

2. A telephone number of the city's dispatch center for police, fire and emergency medical services for other emergencies, including fire, natural disaster, flood, collapse hazard, burst pipes, or violent crime.

A sign for reporting emergency conditions must be in a form approved by the building official.

b. Notice for reporting code violations. A sign for reporting code violations to the city in a form approved by the building official.

(2) The signs required by subsection (a) shall be a minimum of 12 inches by 24 inches. Sign facings shall be fabricated out of weather-proof material. The signs shall have a white background, with letters and numbers in a contrasting color. At each multi-family dwelling complex there shall be at least one sign posted, and an additional sign for each 50 dwelling units in excess of 50. The signs shall be prominently displayed on exterior, publicly accessible areas of the complex. If the complex has an on-site management office, one sign shall be on the exterior of the office.

(3) Lighting.

a. Exterior illumination shall be provided at appropriate points adjacent to all building entrances, including individual dwelling units. Lighting shall be sufficient to illuminate areas where hazards may reasonably exist, and shall be operable between a half-hour after sunset and a half-hour before sunrise.

b. If control mechanisms for such lighting are not accessible by each tenant, such illumination shall be activated and deactivated by a photo cell or seasonally-adjusted timer switch, not operable by individual tenants of the complex.

c. A landlord shall repair all inoperable exterior lighting fixtures within a reasonable period of time after being notified that the fixture is not working. In no instance shall a reasonable period of time be deemed to mean more than seven days.

(4) Vacant buildings.

a. All openings in vacant buildings and dwellings shall be closed and secured from unlawful entry by the installation and maintenance of appropriate locking devices and intact doors and windows which are proportioned to securely and completely fit the openings.

b. Alternatively, openings may be secured in accordance with section 18-1310.

(5) Security gate access.

a. A landlord of a multi-family dwelling complex which has unstaffed security gates which restrict vehicle access onto the premises shall provide the chief of police with master codes to the gates in writing so that police vehicles and personnel, fire vehicles and personnel, and ambulance and ambulance personnel are allowed unrestricted entry onto the premises when responding to emergencies and calls for service and routine patrols.

b. Prior to changing the master codes, the landlord shall notify the chief of police of the new codes in writing.

c. All security gates shall be equipped with a manual override to be used in the event of a power outage or system failure. The landlord shall notify the chief of police of the location of the override.

d. Access through such security gates by fire trucks and fire personnel shall be provided as required by the fire code and in section 94-186.

(6) Graffiti abatement. A landlord shall remove graffiti from the landlord's multi-family dwelling complex within a reasonable period of time, which shall not exceed seven days.

(7) Occupancy limits. A landlord shall not permit the number of persons occupying a dwelling unit to exceed the occupancy load of the unit based on the standards set in the property maintenance code.

(Ord. No. 10,800, § 2, 1-10-08; Ord. No. 11,803, § 8, 11-21-11)

(a) A landlord commits an offense if the landlord:

(1) Operates a multi-family dwelling complex without a valid certificate of occupancy;

(2) Operates a multi-family dwelling complex which is not currently registered with the building official;

(3) Uses or permits to be used a trade name without having such name on file with the building official;

(4) Fails to pay the fees as required by this division;

(5) Maintains a property in violation of the city's property maintenance code;

(6) Fails to make landlord/tenant self inspections as outlined in section 18-711;

(7) Fails to maintain the landlord/tenant self inspections and make the same available as provided in section 18-711;

(8) Fails to post certificates and/or signs as required in section 18-726; and

(9) Fails to comply with any provision of this division.

(b) It is a defense to the offenses listed in subsection (a) of this section, if a landlord, who is not the owner of the complex, provides the property owner's name, street address, and telephone number to the building official, who issues the citation, or the chief building official.

(Ord. No. 10,800, § 2, 1-10-08)

Each multi-family dwelling complex shall have prominently displayed in a conspicuous, publicly accessible area on the premises of the complex a current and valid registration certificate.

(Ord. No. 10,800, § 2, 1-10-08)

(a) A violation of this division is a Class C misdemeanor punishable as provided in section 1-14 of this Code.

(b) Nothing in this division prohibits the city from enforcing civil and criminal enforcement remedies concurrently or availing itself of any other remedy allowed by law.

(Ord. No. 10,800, § 2, 1-10-08)

This article is declared to be remedial and shall be constructed to secure the beneficial interest and purposes thereof, which are the health, sanitation, general public safety and welfare of the citizens of the city, by regulating the rehabilitation and remodeling of existing structures.

(Ord. No. 9760, § 10, 4-8-04)

The International Existing Building Code, 2015 edition, as published by the International Code Council, Inc., as amended in section 18-766, is adopted and incorporated as fully as if set forth at length in this section and the provisions therein shall be controlling in the repair, alteration, change of occupancy, addition and relocation of existing buildings and structures within the city limits. The official copy of the existing building code is on file in the office of the chief building official.

(Ord. No. 9760, § 10, 4-8-04; Ord. No. 10,663, § 8, 7-26-07; Ord. No. 11,515, § 19, 12-9-10; Ord. No. 13,654, § 42, 12-14-17)

The code adopted in section 18-765 shall be amended as follows:

Section 105.5 Expiration is amended to read as follows:

Every permit issued shall become invalid upon the expiration of 180 days after its issuance unless (i) the work authorized by such permit is commenced and an inspection is performed by the chief building official within the 180-day period, or (ii) the work authorized by such permit is extended by the chief building official in accordance with this section. The chief building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 112 Board of appeals is deleted in its entirety and replaced by division 2 of article II of this chapter of the code of ordinances. All references to board of appeals in the code adopted in section 18-91 shall mean and refer to the construction board of adjustment and appeals. ;b0;

(Ord. No. 9760, § 10, 4-8-04; Ord. No. 13,654, § 43, 12-14-17)

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:

House means any building or structure used or designated to be used for human habitation or occupancy in any manner or for any purpose.

House moving means the transportation of a house from place to place along or across any public street within the corporate limits.

Street means any part of the street, including the sidewalk area.

(Code 1967, § 7-11; Ord. No. 922, § 1, 7-11-68)

Any person who violates any section of this article or any licensee who moves any house upon any street within the corporate limits without having obtained a permit as required in section 18-846 shall be punished as provided in section 1-14.

(Code 1967, § 7-12; Ord. No. 922, § 15, 7-11-68)

In any complaint or other legal proceeding brought for the enforcement of this article, it shall not be necessary to negate any exception, excuse, proviso or exemption, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

(Code 1967, § 7-26; Ord. No. 922, § 14, 7-11-68)

It shall be unlawful for any person to move any house along or across any public street within the corporate limits without being licensed to engage in the business of house moving as provided in this division.

(Code 1967, § 7-14; Ord. No. 922, § 2, 7-11-68)

(a) Any person desiring to engage in the business of house moving shall make application for a license to the city clerk. Such application shall be in writing and shall contain the following:

(1) The name of the applicant and his residence and business address. If a partnership or association, the application shall state the names of all partners, their residence addresses and the office address of the partnership or association. If a corporation, the application shall state the names and residence addresses of all officers and directors and the principal office of the corporation;

(2) The applicant or officers, if the applicant is a corporation, has read and thoroughly understood the terms of this article and agrees to abide by its terms in the business of house moving;

(3) The type of equipment to be used and the number of units; and

(4) Such other information as may be required by the city clerk.

(b) The application shall be signed by the applicant, if an individual; by a partner, if a partnership; by the president, if an association or a corporation.

(Code 1967, § 7-15; Ord. No. 922, § 3, 7-11-68)

(a) The applicant for a license required under this division shall file with the city a certificate of insurance as follows:

Commercial automobile liability insurance with a minimum combined single limit of $500,000.00 for all claims arising in any one year.

(b) Such insurance shall be written by an insurance carrier licensed to do business in this state and shall provide that coverages afforded under the policy will not be canceled, suspended, voided or reduced until at least 30 days' prior written notice has been given to the city via certified mail, return receipt requested. Additionally, the city shall be added as an additional insured on the policy, and the coverage shall contain no special limitation on the scope of protection afforded to the city.

(Code 1967, § 7-16; Ord. No. 922, § 4, 7-11-68; Ord. No. 8250, § 1, 4-9-98; Ord. No. 13,654, § 44, 12-14-17)

The city clerk shall examine the application for the license required under this division and the certificate of insurance required in section 18-814. If he is satisfied that the application and certificate of insurance are in order and that the insurance carrier is good and sufficient, he shall issue to the applicant a license to engage in the business of house moving in the city. Such license shall be personal to the licensee, shall not be transferable and shall expire at 12:00 midnight the following December 31. Upon expiration, a license may be renewed upon filing an application, license fee and a new certificate of insurance as for an original license.

(Code 1967, § 7-17; Ord. No. 922, § 5, 7-11-68)

(a) Any person licensed under division 2 of this article who desires to move any house shall, prior to beginning work, apply to the chief building official for a permit, showing the present location of the house, the new location, the proposed route of moving, the size and type of construction of the house and such other information as the chief building official may require.

(b) The permit fee for any licensee desiring to move any house shall be $100.00. The permit fees are in addition to the yearly license fee in section 18-813.

(Code 1967, § 7-18; Ord. No. 922, § 6, 7-11-68; Ord. No. 5641, § 2, 9-27-90; Ord. No. 9217, § 13, 9-13-01)

(a) The chief building official shall examine the application for a permit to move a house. If it is in order, he shall issue the permit. The permit shall show:

(1) The name of the licensee;

(2) The present location of the house;

(3) The proposed new location;

(4) The route of moving, as approved by the chief building official;

(5) The exact date and time during which the house will occupy the streets and sidewalks;

(6) The time the house is allowed to remain in the streets;

(7) The size and type of construction of the house; and

(8) The receipt of the permit fee.

(b) The permit issued to the licensee must be posted on the house to be moved throughout the move.

(c) The acceptance of the permit by the licensee shall constitute a binding obligation and contract on the licensee's part to abide by and comply with the terms of the permit and of this article.

(Code 1967, § 7-18; Ord. No. 922, § 6, 7-11-68; Ord. No. 5641, § 2, 9-27-90)

Immediately upon issuance of the permit as provided in this division, the chief building official shall notify the chief of police and the chief of the fire department of the issuance of such permit. The licensee shall make all arrangements to hire necessary escort personnel from the chief of police to escort the house to its destination or to the city limits.

(Code 1967, § 7-19; Ord. No. 922, § 7, 7-11-68)

(a) Under this article, the maximum time during which a house may legally remain in a street, under a permit, shall be 48 hours.

(b) During the entire time the house is occupying the street or any portion of the street, the licensee shall keep it continuously in motion toward its destination and shall not allow the work of moving to stop during such time.

(Code 1967, § 7-18; Ord. No. 922, § 6, 7-11-68; Ord. No. 5641, § 2, 9-27-90)

(a) Whenever a licensee has completed the work of moving a house under a permit, and the house no longer occupies any part of the street, he shall promptly notify the director of public works of such fact. The director of public works shall cause an inspection to be made of the route of moving and the installation of the house. If he finds that the licensee has caused damage to the streets, curbs, gutters, sidewalks or other public property, he shall notify the licensee of such fact, specifying the damage and the estimated repair cost by mailing to him a written notification at either of the addresses listed in the licensee's application. The licensee shall pay the city the amount estimated for the repairs within two days from the date of such notification. The prepayment shall not relieve the licensee from paying the actual cost of the repairs deemed necessary by the director of public works.

(b) Once the repairs have been made, the director of public works will send a written notification to the licensee at either of the addresses listed in the licensee's application regarding the completion of the repairs, the cost of the project to the city, and the amount owed to or from the licensee. If the licensee owes the city money as specified in the notification, the licensee will within two days from the date of such notification pay the city the remaining balance.

(Code 1967, § 7-20; Ord. No. 922, § 8, 7-11-68)

It shall be unlawful for any licensee engaged in moving a house to cut down any tree growing within any parkway or esplanade of a public street or to cut any branches therefrom without having first obtained permission from the director of public works.

(Code 1967, § 7-21; Ord. No. 922, § 9, 7-11-68)

Under this article, it shall be unlawful for any licensee to disconnect any electric light and power connection, gas connection, water connection or telephone connection from any house that he proposes to move without the consent of the public utility owning such connection.

(Code 1967, § 7-22; Ord. No. 922, § 10, 7-11-68)

Under this article, it shall be unlawful for any licensee to remove, tear down or destroy any pole or wire or other property belonging to the city or to any electric light and power company, gas company, telephone or telegraph company or street railway company without the consent of such public utility or other person owning the property.

(Code 1967, § 7-23; Ord. No. 922, § 11, 7-11-68)

It shall be unlawful for any licensee to begin or complete the moving of any house onto any property in the city unless the permanent location and installation of such house on such property in all respects complies with the building code.

(1) Prior to any house or structure being moved into the city, application must be made with the chief building official. Application process to include:

a. Inspection of the existing structure is to be made by the chief building official on the existing site prior to the house or structure being relocated, as part of the application process.

b. Complete set of plans and drawings, included but not limited to, structural, mechanical, plumbing, electric and proposed plot plan, survey of proposed site or location.

c. Letter of compliance signed by property owner attesting to knowledge and understanding of requirement for windstorm and energy code compliance.

d. Sealed letter from state licensed engineer attesting to windstorm compliance and current energy code compliance is required and must be approved by the building official.

(2) House or structure moved into the city must meet all current adopted codes and ordinances.

(Code 1967, § 7-24; Ord. No. 922, § 12, 7-11-68; Ord. No. 13,654, § 45, 12-14-17)

After a building is removed from any lot or parcel of property in the city, the following site work must be performed by the licensee within 15 days from the removal of such building:

(1) All materials must be removed from the property, including but not limited to lumber, pipe, trash, steps, piers and foundation blocks. All such objects must be removed so that nothing projects above ground level; and

(2) All holes and low places must be filled and leveled so that the property will properly drain.

(Code 1967, § 7-25; Ord. No. 922, § 13, 7-11-68)

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:

House leveler means a person who levels a house or any other type of building by adjusting or repairing the house or building or by reinforcing the foundation of a house or building, by any method or means used. Any person who is contracted, hired or obtained by any method or by any system to obtain the services of a house leveler shall be deemed to be a house leveler and shall be regulated by this article. A house leveler or any person so defined in this section shall be referred to as a "leveler" in this article.

(Code 1967, § 7-47; Ord. No. 3527, § 1, 12-9-82)

It shall be unlawful for any person to violate any section of this article, and each and every day that such violation continues shall be a separate violation. Upon conviction, any person guilty of such violation shall be fined not less than $100.00 or more than $500.00.

(Code 1967, § 7-48; Ord. No. 3527, § 1, 12-9-82)

(a) When a leveler applies for a permit to level a house or building or repair the foundation of a house or building, he shall submit to the inspections division a certificate of insurance showing description of operations as house leveling evidencing commercial general liability insurance with an aggregate of $500,000.00 and a per occurrence limit of $250,000.00.

(b) Such insurance shall be written by an insurance carrier licensed to do business in this state and shall provide that coverages afforded under the policy will not be canceled, suspended, voided or reduced until at least 30 days' prior written notice has been endeavored to be given to the city via certified mail, return receipt requested.

(Code 1967, § 7-50; Ord. No. 3527, § 1, 12-9-82; Ord. No. 5070, § 1, 8-11-88; Ord. No. 8708, § 5, 9-23-99)

When a leveler requests a permit to level a house or building or repair a foundation, he shall submit to the inspections division two copies of plot plans or specifications, which shall reveal the dimensions of the house or building and that portion of the house or building that needs leveling. If the slab foundation is cracked, the location in which the foundation is cracked shall be marked on the plans or specifications. One copy of such plans or specifications will be returned to the leveler when his permit is issued, and the inspections division will retain the other copy.

(Code 1967, § 7-51; Ord. No. 3527, § 1, 12-9-82)

When the leveler to whom a permit is issued under this division has excavated and has placed the jack or plank in position, which plank shall not be less than a good four-inch by four-inch wooden plank, the leveler shall call the chief building official to the site for inspection of the work.

(Code 1967, § 7-52; Ord. No. 3527, § 1, 2-9-82)

If the chief building official rejects a job inspected under this division due to the leveler's failure, in the judgment of the chief building official, to comply with the minimum standards for such work, the leveler must make the necessary corrections, and it shall be necessary for him to obtain another permit, with the same fees, before the chief building official will return to the site and make another inspection.

(Code 1967, § 7-53; Ord. No. 3527, § 1, 12-9-82)

It shall be unlawful for any person owning, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits to fail to maintain the fences constructed on such property in compliance with the following maintenance standards:

(1) A fence shall not be out of vertical alignment by more than one foot from the vertical measured at the top of the fence; provided, however, a fence of four feet or less in height shall not be out of vertical alignment by more than six inches from the vertical measured at the top of the fence.

(2) Any and all broken, loose, damaged, insect damaged, or missing parts (i.e., slats, posts, wood rails, bricks, panels) of said fences shall be replaced or repaired within 30 days of notification of non-compliance. Fences enclosing swimming pools or spas must be repaired immediately in accordance with article XII of this chapter.

(3) Repairs of any nature shall be made with materials of comparable composition, color, size, shape, and quality of the original fence to which the repair is being made. Products manufactured for other uses such as plywood, corrugated steel, or fiberglass panels are prohibited as fencing materials. Nothing herein shall be construed so as to prohibit the complete or partial removal of a fence, unless such fence is required by this Code.

(Ord. No. 13,335, § 2, 10-27-16)

Nothing in this division shall be construed to require the applicant for a building permit, as described in section 18-1010, to erect a fence between the property for which the permit is sought and the abutting property for which a use is made other than as existing one or two living units. This division shall not be construed to require fencing between such property and abutting vacant, non-deed-restrictive property at the time of the building permit application unless otherwise required by the Unified Land Development Code.

(Code 1967, § 7-34; Ord. No. 1072, § 1, 2-25-71; Ord. No. 11,866, § 6, 2-23-12)

The chief building inspector is vested with authority and responsibility for administering the sections of this division regarding building permit applications, as well as the responsibility and authority for enforcement of this division.

(Code 1967, § 7-35; Ord. No. 1072, § 2, 2-25-71)

Any person who violates this division shall be subject to the penalty provided by section 1-14.

(Code 1967, § 7-36; Ord. No. 1072, § 2, 2-25-71)

(a) Exceptions to the requirement for buffer fencing in this division may be granted by the chief building official when the building permit is issued if the chief building official determines that a buffer fence would serve no useful purpose and:

(1) The building permit is for the construction of a building to be used as a place of worship; or

(2)

a. All adjacent property owners sign written waivers to the fencing requirements; and

b. The permit applicant agrees to construct such fence within 60 days of notice by the chief building official that an adjacent property owner has decided he does want a buffer fence or if a subsequent owner requests a buffer fence.

(b) Decisions of the chief building official may be appealed to the city council by any affected party by written notice to the city clerk prior to issuance of a certificate of occupancy.

(Code 1967, § 7-37; Ord. No. 2709, § 1, 8-9-79; Ord. No. 4236, § 1, 8-22-85)

(a) For the purposes of this section, a change of use occurs when residential property is converted to commercial use or upon any change of ownership or occupancy of property devoted to commercial purposes.

(b) Any person desiring a building permit for the construction of a building to be used for any purpose other than as one or two living units, desiring to change the use of any building or using a building for any occupancy use other than as a residential occupancy as described in the building code shall erect a permanent, opaque fence at least six feet in height, which extends downward to within three inches of the ground and which shall test plumb and square throughout its length at all times between such building and:

(1) An existing one- or two-living-unit structure occupied or capable of being occupied on the date the building permit is sought or on the date the change in use occurs; or

(2) An existing vacant property which is subject to valid and current one- or two-family residential deed restrictions.

(c) A buffer fence need not be constructed if a permanent, opaque fence at least six feet in height above the natural ground is already existing and meets the requirements of this section. If such existing fence is thereafter destroyed or removed, the owner of the nonresidential property shall rebuild or restore such fence. It shall be unlawful to fail to comply with this division, and a building permit which fails to list required fencing shall be voidable at the election of the city.

(Code 1967, § 7-30; Ord. No. 1072, § 1, 2-25-71; Ord. No. 3750, § 1, 1-12-84; Ord. No. 4104, § 1, 3-28-85; Ord. No. 5162, § 1, 12-8-88; Ord. No. 6141, § 2, 1-21-92)

(a) Fences required under section 18-1010 shall be constructed of any one of the following:

(1) Redwood;

(2) Rough cedar;

(3) Chain link with wood or metal slats;

(4) Brick;

(5) Brick columns with any one of the materials listed in subsections (a)(1) through (4) of this section;

(6) Heavy metal with a baked enamel finish;

(7) Pressure treated limber; or

(8) Concrete.

(b) Plywood and corrugated metal are prohibited.

(Code 1967, § 7-31; Ord. No. 1072, § 1, 2-25-71; Ord. No. 5014, § 1, 5-26-88)

Fences required under section 18-1010 shall be maintained in a reasonable manner, to include replacement of material that becomes decayed or the repairing of material that requires painting for preservation purposes. It shall be an offense for the owner of any buffer fence that has been damaged or destroyed to fail to repair, rebuild or restore the fence after having been notified of the need to repair, rebuild or restore the fence by the chief building inspector.

(Code 1967, § 7-32; Ord. No. 1072, § 1, 2-25-71; Ord. No. 3750, § 2, 1-12-84)

Fences required under section 18-1010 shall be constructed on the property of the building permit applicant. Ordinarily, such fencing is to be constructed adjacent to the property line for which the fencing is required. If the applicant desires to construct such fence at a location other than on the property line, no activities may be conducted or improvements placed between such fence and the abutting property for which the fencing is required.

(Code 1967, § 7-33; Ord. No. 1072, § 1, 2-25-71)

Any person desiring to install or erect a residential fence shall apply for a building permit and meet all the requirements of this division.

(Code 1967, § 7-60(7); Ord. No. 4970, § 1, 4-14-88; Ord. No. 11,293, § 6, 1-28-10)

(a) Under this division, fences shall be constructed of any one of the following materials:

(1) Redwood;

(2) Rough cedar;

(3) Pressure treated lumber;

(4) Chain link;

(5) Wrought iron;

(6) Masonry;

(7) Masonry columns with any one of the materials listed in subsections (a)(1) through (6) of this section; or

(8) Concrete.

(b) All plywood materials are prohibited.

(c) No residential fence shall be installed more than eight feet in height.

(d) No fence shall be constructed so as to constitute a visual traffic obstruction.

(e) All residential fences shall be installed on the property of the building permit applicant.

(f) Any replacement residential fence or substantial repair of a residential fence shall be constructed in accordance with this division.

(Code 1967, § 7-60(1)—(6); Ord. No. 4970, § 1, 4-14-88)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in V.T.C.A., Health and Safety Code § 757.001 et seq., with the following additions or modifications:

French doors means double doors, sometimes called double-hinged patio doors, that provide access from a rental dwelling of a multiunit rental complex or hotel interior to the exterior and in which each of the two doors is hinged and closable so that the edge of one door closes immediately adjacent to the edge of the other door with no partition between the doors. The term "French door" means either one of the two doors.

Hotel means a facility in which members of the public obtain sleeping accommodations. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodginghouse, inn, roominghouse, hospital, sanitarium or nursing home.

Pool or swimming pool means any structure, basin, chamber, tank or other receptacle capable of containing an artificial body of water for the purpose of swimming, diving or recreational bathing and having a depth at any point of more than 18 inches, whether located at ground level, aboveground, belowground or indoors. Such terms shall include but not be limited to a permanent swimming pool, a permanent wading or reflection pool or a permanent hot tub or spa.

Private residential swimming pool means any swimming pool located on private property under the control of a single homeowner or his tenant, the use of which is limited to members of his family, the tenant's family and their invited guests.

Public swimming pool means any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing, however owned or operated and regardless of whether a fee is charged for such use. Such term includes but is not limited to a swimming pool owned or operated incident to a multifamily dwelling project, nonprofit recreational facilities, hotels, as well as educational facilities.

Spa means a pool designed for recreational or therapeutic use or physiological or psychological relaxation that is not drained, cleaned and refilled for each user. Such pool includes but is not limited to hydrojet circulation, hot water or cold water mineral baths, air induction bubbles or any combination thereof. Common terminology for a spa includes but is not limited to therapeutic pool, hydrotherapy pool, whirlpool, hot spa and hot tub. Such spas are shallow in depth and not intended for swimming or diving. Such spas do not include pools or whirlpools in which no part of the human body is immersed or in which only human limbs are immersed.

Wading pool means any special purpose pool or receptacle set aside primarily for use by children.

(Code 1967, § 28-1; Ord. No. 7721, § 1, 6-13-96)

The enforcement division of each city department is authorized to enforce this article and to make all necessary inspections, to issue citations, to give notice, to file applicable charges and otherwise to cooperate in the enforcement under this article.

(Code 1967, § 28-4; Ord. No. 7721, § 1, 6-13-96)

Any person who shall violate any section of this article shall, upon conviction, be punished as provided in section 1-14.

(Code 1967, § 28-3; Ord. No. 7721, § 1, 6-13-96)

Before constructing a swimming pool, two copies of all plans for the swimming pool must be submitted to the city's inspections division, one copy of which shall be distributed to the health department for review and approval. Such plans must comply with the requirements of this article and all other applicable codes. The final inspection and approval of all pools constructed shall be withheld until all requirements of this article shall have been satisfied by the owner, purchaser under contract, lessee, tenant or licensee.

(Code 1967, § 28-2; Ord. No. 7721, § 1, 6-13-96)

(a) It shall be unlawful to establish, maintain or operate a public swimming pool without first securing a public swimming pool license from the city's health department. Written application for such license must be filed with the health department. The application shall include but not be limited to sufficient information, as determined by the director of health, to identify the owners and operators of the public swimming pool, the location of such pool, the name and address of the person seeking the license, the date of construction of the pool and pool yard enclosure and any modifications thereto and all other information deemed necessary by the director of health.

(b) Upon receipt of an application for a public swimming pool license, the director of health shall cause an investigation to be made of such public swimming pool to determine if the public swimming pool meets all applicable requirements of this article.

(c) If the inspection of an applicant's public swimming pool indicates compliance with the applicable requirements contained in this article, such applicant shall be issued a license, which shall be valid for a period until the following March 1. If after the inspection the director of health determines the requirements of this article are not fully satisfied, such license shall be denied. If the license is denied, it shall be unlawful to continue the use of a public swimming pool until the requirements of this article are satisfied, as determined by the director of health, and the required license is obtained.

(Code 1967, § 28-5; Ord. No. 7721, § 1, 6-13-96)

(a) A public swimming pool license shall be valid for a period of one year beginning on March 1 of each year and shall be renewable annually during the month of February. The license fee and annual license renewal shall be $100.00 per pool. All license fees shall be nonrefundable.

(b) Public swimming pool licenses shall be nontransferable.

(Code 1967, § 28-6; Ord. No. 7721, § 1, 6-13-96; Ord. No. 10,159, § 2, 9-27-05)

(a) By the acceptance of the license for a public swimming pool, the licensee shall be deemed to authorize the inspection of his swimming pool at all reasonable hours. Failure to permit such inspection shall be grounds for suspension or revocation of the license.

(b) After each such inspection by the director of health, the result of the inspection will be communicated to the licensee. Any violation of this article shall be corrected within a time period specified by the director of health. If such violation is considered, in the opinion of the director of health, to be hazardous to the health and safety of the public, such license may be suspended immediately, without affording the licensee an opportunity to cure until the violation is corrected. It shall be unlawful to maintain or allow the use of a public swimming pool during such period of suspension.

(Code 1967, § 28-7; Ord. No. 7721, § 1, 6-13-96)

Any person authorized to enforce this article under section 18-1071 may enter any occupied premises on which a public swimming pool is located or any unoccupied premises at all reasonable times to inspect, investigate or enforce the powers granted under this division. After providing a minimum of 24 hours' notice to the occupant, any person authorized to enforce this article may enter any occupied premises on which a private residential swimming pool is located at all reasonable times to inspect, investigate or enforce the powers granted under this division.

(Code 1967, § 28-12(e); Ord. No. 7721, § 1, 6-13-96; Ord. No. 8627, § 1, 7-8-99)

An offense under this division is a misdemeanor, and any person who shall violate any section of this division shall, upon conviction, be punishable by a fine not to exceed $1,000.00. Each day of the continuance of such violation shall be considered a separate offense, and each and every day shall constitute a separate violation.

(Code 1967, § 28-10; Ord. No. 7721, § 1, 6-13-96; Ord. No. 8216, § 2, 2-26-98)

In addition to the criminal penalties as expressed in section 18-1132, the city may maintain an action against any person who owns, maintains or controls a public or private residential swimming pool for failure to comply with the requirements of this division. Such action may include but not be limited to the relief afforded the city in V.T.C.A., Health and Safety Code § 757.012.

(Code 1967, § 28-11; Ord. No. 7721, § 1, 6-13-96)

(a) The owner, tenant, property owners' association or any other person who owns, possesses, constructs or maintains a public or private residential swimming pool shall completely enclose the pool with a fence made of one of the materials specified in section 18-1011, a wall or other solid structure meeting the requirements of V.T.C.A., Health and Safety Code § 757.001 et seq. However, if a wall is to be used as part of a pool yard enclosure of a private residential swimming pool, V.T.C.A., Health and Safety Code §§ 757.006 and 757.007 regarding doors and windows shall not apply.

(b) Subsection (a) of this section will not affect any valid building permit application for a swimming pool other than a pool of a multiunit rental complex or a property owners' association filed prior to June 23, 1996, provided that construction pursuant to such permit is commenced within six months from the date of the issuance of the building permit and is diligently pursued to completion thereafter, as determined in the sole discretion of the chief building official.

(Code 1967, § 28-8; Ord. No. 7721, § 1, 6-13-96)

(a) The owner, tenant, property owners' association or any other person who owns, controls or maintains a pool shall exercise ordinary and reasonable care to inspect, maintain, repair and keep in good working order the pool yard enclosures, gates and self-closing and self-latching devices, as may be required by this division.

(b) Any person who owns, controls or maintains a public swimming pool shall inspect the pool yard enclosures, gates and self-closing and self-latching devices on gates no less than once every 31 days.

(c) The duty of inspection, repair and maintenance under this section may not be waived under any circumstances.

(Code 1967, § 28-9; Ord. No. 7721, § 1, 6-13-96)

(a) Remedy by city. The city may repair, replace, secure or otherwise remedy a pool yard enclosure or fence that is damaged, deteriorated, substandard, dilapidated or otherwise in a state that poses a hazard to the public health, safety and welfare.

(b) Remedy by owner of occupied property. If the director of health determines that the minimum pool yard enclosure requirements as set forth in this division have been violated, the director of health shall send a notice of violation to the owner of the property on which the swimming pool enclosure or fence is situated detailing the nature of the violation along with a hearing date on which the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this division and the time it will take to reasonably perform the work. After the public hearing, if the pool enclosure is found in violation of the standards set out in this division by the city manager, the city manager may order that the enclosure be repaired, replaced, secured or otherwise remedied by the owner within a reasonable time. If the owner does not take the ordered action within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the pool enclosure is located. The city shall send to each identified mortgagee and lienholder a notice containing the following:

(1) An identification, which is not required to be a legal description, of the pool enclosure and the property on which it is located;

(2) A description of the violation; and

(3) A statement that the city will repair, replace, secure or otherwise remedy the violation if the ordered action is not taken within a reasonable time.

(c) Remedy by owner of unoccupied property. If the director of health determines that the minimum fencing requirements as set forth in this division have been violated and if the enclosure or fence is on unoccupied property or is on property occupied only by persons who do not have a right of possession to the property, the city may repair, replace, secure or otherwise remedy the pool enclosure. The director of health shall, before the 11th day after the date of repair, give notice to the owner by:

(1) Personally serving the owner with written notice;

(2) Depositing the notice in the United States mail addressed to the owner at the owner's post office address;

(3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the enclosure is located if personal service cannot be obtained and the owner's post office address is unknown; or

(4) Depositing the notice on or near the front door of the pool if the personal service cannot be obtained and the owner's post office address is unknown.

The notice must contain:

(1) An identification, which is not required to be a legal description, of the pool enclosure and the property on which it is located;

(2) A description of the violation;

(3) A statement that the city will secure or has secured, as the case may be, the swimming pool; and

(4) An explanation of the owner's entitlement to request a hearing about any matter relating the city's securing the pool.

(d) Recapture of expense incurred by city. If the city incurs expenses under this division, the city shall assess the expenses on and the city shall have a lien against the property on which the swimming pool or the enclosure or fence is situated, unless the property is a homestead protected by the state constitution. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded in the office of the county clerk in the county in which the property is situated. The notice must contain the name and address of the owner if that information can be determined with reasonable effort, a legal description of the real property on which the swimming pool or the enclosure or fence is situated, the amount of the expenses incurred by the city and the balance due. The lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city's lien attaches.

(Code 1967, § 28-12; Ord. No. 7721, § 1, 6-13-96)

A person commits an offense if he intentionally or knowingly operates a public swimming pool, other than a spa:

(1) Constructed of wood;

(2) Having carpet or wood decking within three feet surrounding the pool or such surface is not impervious or easily cleanable;

(3) With inside walls not of a light color;

(4) Not capable of being completely drained by gravity or an operable attached pump into the sanitary sewer;

(5) Not equipped with a surface skimmer in constant operation when open to the public for the surface area in excess of and for each 100 square feet in area thereafter;

(6) Cross connected with a public or private drinking water supply without an antisiphonage device on all fill or makeup water pipes or tubes unless an air gap of six inches is provided between the end of the pipe or tube and the flood rim of the pool; or

(7) Without an approved method of prevention of outlet entrapment, including but not limited to:

a. Two outlet pipes of equal diameter, one of which may be the skimmer if one cannot be cut out by valve or otherwise;

b. An antivortex drain; or

c. A 12-inch by 12-inch or 30-centimeter by 30-centimeter or larger square grate if only a main drain is used.

(Code 1967, § 28-13; Ord. No. 7721, § 1, 6-13-96)

(a) All public swimming pools, other than spas, shall maintain water quality at all times consistent with the following requirements:

(1) Algae. Pool water, floors, walls and surrounding decks and overflow gutters shall be kept free of algae;

(2) Acidity, alkalinity. The pool water of a public swimming pool shall be maintained in an alkaline condition so that the pH of the water shall not be less than 7.2 or more than 8.0;

(3) Bacterial quality. Not more than 15 percent of samples tested shall show the presence of coliform organisms or have a plate count of more than 200 bacteria per milliliter;

(4) Clarity of water. The pool water shall be sufficiently clear so that the main drain in the deepest part of the pool is clearly visible from the edge of such pool nearest the drain;

(5) Disinfectant. There shall be introduced into a public swimming pool sufficient disinfectant so as to maintain at all times a free chlorine residual of not less than 1.0 ppm, as shown by the standard ortho-toluidine test, which level shall be maintained in all parts of the pool, or other state-approved disinfectant; and

(6) Recirculation system. Each public swimming pool shall be equipped with a recirculation system which shall consist of pumping equipment, hair and lint catcher and filters. Wading pools shall be physically separated from swimming pools and shall be served by the swimming pool recirculation system or by a separate system.

(b) A person commits an offense if he, with criminal negligence, operates a public swimming pool, other than a spa, which does not meet the applicable requirements and standards set forth in subsection (a) of this section.

(c) It shall be presumed that the person operating a public swimming pool, other than a spa, acted with criminal negligence if he fails to test for and detect, if present, one or more of the following:

(1) Free residual chlorine below 1.0 ppm or other state-approved disinfectant.

(2) pH below 7.2 or exceeding 8.0.

(3) Water that is not clear at all times so as to see the drains and bottom.

(4) The presence of coliform or algae.

(5) The proper functioning of the recirculation system.

(Code 1967, § 28-14; Ord. No. 7721, § 1, 6-13-96; Ord. No. 8216, § 3, 2-26-98)

A person commits an offense if he intentionally or knowingly operates a spa, classified as a public pool:

(1) Constructed of wood;

(2) Having carpet or wood decking within three feet surrounding the spa or such surface is not impervious or easily cleanable;

(3) Whose inside walls are not a light color;

(4) Not capable of being completely drained by gravity or an operable attached pump into the sanitary sewer;

(5) Not equipped with an automatic state-approved disinfection system in constant operation;

(6) Intended for commercial or multifamily use which is not equipped with a surface skimmer in constant operation when open for operation for the surface area in excess of and for each 100 square feet in area thereafter;

(7) Not equipped with a pump and filter in constant operation capable of recycling the entire water supply at least once every 30 minutes;

(8) Not equipped with an automatic thermostat, if equipped with a heater, in constant operation or which is equipped with a thermostat which permits the water temperature to exceed 104 degrees Fahrenheit or 40 degrees Celsius;

(9) Or private residential swimming pool, cross connected with a public or private drinking water supply without an antisiphonage device on all fill or makeup water pipes or tubes unless an air gap of six inches is provided between the end of the pipe or tube and the flood rim of the spa; or

(10) Without an approved method of prevention of outlet entrapment, including but not limited to:

a. Two outlet pipes of equal diameter, one of which may be the skimmer if one cannot be cut out by valve or otherwise;

b. An antivortex drain; or

c. A 12-inch by 12-inch or 30-centimeter by 30-centimeter or larger square grate if only a main drain is used.

(Code 1967, § 28-15; Ord. No. 7721, § 1, 6-13-96)

(a) All spas, classified as public swimming pools, shall have water quality at all times consistent with the following requirements:

(1) Algae. Spa water, floors, walls and surrounding decks and overflow gutters shall be kept free of algae;

(2) Acidity, alkalinity. The spa water of a spa classified as a public swimming pool shall be maintained in an alkaline condition so that the pH of the water shall not be less than 7.2 or more than 8.0;

(3) Clarity of water. The spa water shall be sufficiently clear so that the drain in the deepest part of the spa is clearly visible from the edge of such spa nearest the drain; and

(4) Disinfectant. There shall be introduced into a spa, classified as a public swimming pool, sufficient state-approved disinfectant to maintain at all times a free chlorine residual of not less than 2.0 ppm, as shown by the standard ortho-toluidine test or an equivalent, which level shall be maintained in all parts of the spa.

(b) A person commits an offense if he, with criminal negligence, operates a spa that does not meet the applicable requirements and standards set forth in subsection (a) of this section.

(c) It shall be presumed that the operator acted with criminal negligence if he fails to test for and detect, if present, one or more of the following:

(1) Free residual chlorine below 2.0 ppm or equivalent;

(2) pH below 7.2 or exceeding 8.0;

(3) Water that is not clear at all times so as to see the drains and bottom; or

(4) The presence of coliform or algae.

(Code 1967, § 28-20; Ord. No. 7721, § 1, 6-13-96)

In accordance with this article, the city may require the vacation, relocation of occupants, and securing, repair, removal, or demolition of a building that is:

(1) Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;

(2) Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or

(3) Boarded up, fenced, or otherwise secured in any manner if:

a. The building constitutes a danger to the public even though secured from entry; or

b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection (2) of this section.

(Ord. No. 11,803, § 14, 11-21-11)

Any building that has any or all of the following conditions or defects shall be considered dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare:

(1) Any building with roof, ceiling, floors, sills, or foundations, or any combination thereof, rotted or decayed and falling apart, windows out, uninhabitable, untenantable and unsightly, due to obsolescence and deterioration caused by neglect or vandalism or fire damage or old age or the elements;

(2) Any building in danger of falling and injuring the person or property of another;

(3) Any building which is a fire menace, to wit, by being in a dilapidated condition, as fully described in subsections (1) and (2) hereof, and which has an accumulation of rubbish and trash which is likely to become a fire, or be set on fire, in and around said building and endanger the person or property of others;

(4) Any building which is in the condition or conditions described in subsections (1) or (2) or (3) hereof, which is damp and in unsanitary condition, which is likely to foster disease and sickness; and

(5) Any building that is considered unsafe, unfit for human occupancy, or dangerous as described in Section 108.1 of the International Property Maintenance Code adopted in article VII of this chapter.

When used in this article the term "building" shall include any erection or structure of any kind or any part thereof. All substandard structures are declared to be public nuisances and shall be vacated, secured, repaired, removed, or demolished as provided in this article.

(Ord. No. 11,803, § 14, 11-21-11)

The standards set forth in the International Property Maintenance Code adopted in article VII of this chapter are hereby adopted as the minimum standards for the continued use and occupancy of all buildings within the city regardless of the date of their construction.

(Ord. No. 11,803, § 14, 11-21-11)

The chief building official may place or cause to be placed a placard on a building that is dilapidated, substandard or otherwise unfit for human habitation or use as a warning of its substandard conditions. A person commits an offense if, without authority from the chief building official:

(1) He defaces, removes or destroys a placard placed by or caused to be placed by the chief building official in accordance with this section;

(2) He enters, occupies, or otherwise uses a structure on which the chief building official has placed a placard; or

(3) As owner or operator of a structure, he authorizes a person to enter, occupy, or otherwise use a structure on which the chief building official has placed a placard.

(Ord. No. 11,803, § 14, 11-21-11)

(a) Generally. Whenever the chief building official determines that a building within the city does not comply with the standards set forth in section 18-1333 and is substandard as described in section 18-1332, notice of a public hearing must be sent to the owner, lienholder and mortgagee of the property.

(b) Contents of notice. The notice shall contain the following:

(1) The name and address of the owner of the affected property if the information can be determined;

(2) A legal description of the affected property;

(3) An identification of the building subject to the hearing;

(4) A description of the violation of minimum standards set forth in section 18-1333 that is present at the building;

(5) A description of the hearing;

(6) A statement that the city will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time; and

(7) A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.

(c) Identity of persons to receive notice. To determine the identity and address of each owner, mortgagee, and lienholder, the chief building official shall search the following records:

(1) County real property records of the county in which the building is located;

(2) Appraisal district records of the appraisal district in which the building is located;

(3) Records of the secretary of state;

(4) Assumed name records of the county in which the building is located;

(5) Tax records of the city; and

(6) Utility records of the city.

(d) Delivery of notice.

(1) Notice of a hearing shall be personally delivered, sent by certified mail with return receipt requested, or delivered by the United States Postal Service using signature confirmation service, to each identified owner, mortgagee and lienholder. If personal service cannot be obtained and the owner's post office address is unknown, notice shall be given by publishing it at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located and posting the notice on or near the front door of the building.

(2) The notice will be considered delivered if notice is mailed in accordance with this section to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed."

(e) Filing notice. In addition to providing notice of the hearing in accordance with subsection (d) of this section, the chief building official shall also file notice of the hearing in the official public records of real property in the county in which the property is located. Such notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing.

(Ord. No. 11,803, § 14, 11-21-11)

(a) Hearing. The municipal court judge shall hold a public hearing to determine whether a building complies with the standards set forth in this article and is substandard as described in this article. At the public hearing, the owner, lienholder and mortgagee will be given the opportunity to comment, testify or present witnesses or written information about any matter relating to the substandard building.

(b) Burden of proof.

(1) In the public hearing, the chief building official shall have the burden of proof to demonstrate that the building is substandard as described by section 18-1332.

(2) In a public hearing, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.

(Ord. No. 11,803, § 14, 11-21-11)

(a) Generally. After the public hearing, if a building is found in violation of standards set out in this article, the municipal court judge may order that the building be vacated, secured, repaired, removed, or demolished and may also order that the occupants be relocated within a reasonable time. The order issued by the municipal court judge shall specify a reasonable period of time for the owner to take the ordered action and may specify an additional reasonable period of time for the ordered action to be taken by the mortgagees or lienholders in the event the owner fails to comply with the order within the time period provided for action by the owner. The order shall require the owner, lienholder or mortgagee to file proof of compliance as specified in subsection 18-1337(g) with the municipal court.

(b) Reasonable period of time to comply with order.

(1) Thirty days. The order shall require the owner, lienholder, or mortgagee of the building within 30 days to:

a. Secure the building from unauthorized entry; or

b. Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days.

(2) Thirty-one to 90 days. If the municipal court judge grants the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the order shall set forth specific time schedules for the commencement and performance of the work.

(3) Over 90 days. The order shall not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee:

a. Submits a detailed plan and time schedule for the work at the hearing; and

b. Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

(c) Conditions of order.

(1) Submission of reports. If the municipal court judge allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the order shall require the owner, lienholder, or mortgagee to regularly submit progress reports, including inspection results, to the chief building official to demonstrate compliance with the time schedules established for commencement and performance of the work.

(2) Appearance before the judge. If the municipal court judge allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the order may require that the owner, lienholder, or mortgagee appear before the municipal court judge to demonstrate compliance with the time schedules.

(3) Submission of bond. If the municipal court judge allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building and if the owner, lienholder, or mortgagee owns property, including buildings, structures or improvements on property, within the city limits that exceeds $100,000.00 in total value, the order may require the owner, lienholder, or mortgagee to post a cash or surety bond approved by the city attorney in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this section. In lieu of a bond, the order may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third-party approved by the city attorney. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the thirtieth day after the date the order is issued.

(4) Securing. If the municipal court judge allows the owner, lienholder, or mortgagee more than 30 days to complete any part of the work required to repair, remove, or demolish the building, the order shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.

(d) Filing the order. Within ten days after the date that the order is issued, the chief building official shall file a copy of the order in the office of the city clerk.

(e) Publishing the order. Within ten days after the date that the order is issued, the chief building official shall publish in a newspaper of general circulation in the city in which the building is located a notice containing:

(1) The street address or legal description of the property;

(2) The date of the hearing;

(3) A brief statement indicating the results of the order; and

(4) Instructions stating where a complete copy of the order may be obtained.

(f) Mailing the order. After the hearing, the chief building official shall promptly mail by certified mail with return receipt requested, delivered by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building in the event the owner fails to timely take the ordered action. The order will be considered delivered if notice is mailed in accordance with this section to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed."

(g) Proof of compliance. The following shall be proof of compliance with the order of the municipal court judge:

(1) A certificate of completion issued by the chief building official if the building is secured in accordance with section 18-1310;

(2) A certificate of completion issued by the chief building official if the building is demolished in accordance with section 18-130;

(3) A certificate of occupancy issued by the chief building official if the building is repaired in accordance with section 18-1333.

(Ord. No. 11,803, § 14, 11-21-11)

(a) If the building is not vacated, secured, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. However, this subsection does not limit the ability of the city to collect on a bond or other financial guaranty required by the municipal court judge.

(b) If the city incurs expenses under subsection (a), the city may assess the expenses, including and the actual cost of elimination procedures plus an administrative charge of $100.00, on and the city shall have a lien against the property on which the building was located unless it is a homestead as protected by the Texas Constitution. The lien will be extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for its expenses. The lien arises and attaches to the property at the time the notice of lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice of lien must contain the name and address of the owner if that information has been determined in accordance with subsection 18-1335(c), a legal description of the real property on which the building was located and the amount of expenses incurred by the city and the balance due. The lien shall be a privileged lien subordinate only to tax liens.

(c) If the building is not repaired within the allotted time, the municipal court judge shall hold a public hearing pursuant to 18-1336 and issue another order pursuant to section 18-1337.

(d) The municipal court judge may order the chief building official to revoke any permit issued in furtherance of an order to secure, repair, remove or demolish if the action ordered by the judge is not performed within the time schedules established for commencement and performance of the work in the judge's order.

(Ord. No. 11,803, § 14, 11-21-11)

(a) The purpose of this chapter is to provide a relocation assistance program pursuant to Section 21.046 of the Texas Property Code and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

(b) The provisions of this chapter shall apply only to city projects and code enforcement, rehabilitation, or demolition programs. The provisions of this chapter shall be performed by the city manager. All departments involved in land acquisition and a code enforcement, rehabilitation, or demolition program shall cooperate to the fullest extent to achieve the purposes of this chapter.

(c) Damages and costs within the purview of this chapter shall not be considered elements of market value or damage and shall not be recoverable in any eminent domain proceeding instituted by or against the city.

(d) The city manager is hereby directed to comply with all regulations of any agency of the federal government, relating to land acquisition, relocation assistance, moving expenses, and replacement housing payments, when any such agency is rendering financial assistance to any city project.

(Ord. No. 15,747, § 1, 3-14-24)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601—4655, as amended, or as defined below:

City manager means the city manager or the city manager's designee.

Code enforcement, rehabilitation, or demolition program means an official order issued by the fire marshal, building official, or the city's health officer, or their designees, and which, notwithstanding Section 21.046(e) of the Texas Property Code, as amended, is unrelated to real property title acquisition.

URA means the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601—4655, as amended, and applicable regulations.

(Ord. No. 15,747, § 1, 3-14-24)

(a) A person is considered displaced when, as a direct result of a code enforcement, rehabilitation, or demolition program, the person permanently moves or discontinues a business, permanently moves personal property, or permanently moves from a dwelling.

(b) A person who is displaced under this section shall be treated as a displaced person under the URA.

(c) Whenever, due to a code enforcement, rehabilitation, or demolition program, a person is required to temporarily vacate or evacuate property, the occupant of the property may receive temporary housing payments, for a period not to exceed 72 hours, for housing and food expenses based on the U.S. General Services Administration's per diem standard rate for Texas for the current year, whether or not they could qualify for permanent relocation benefits under this chapter.

(d) When a person is displaced pursuant to this section, the city may, in accordance with Section 214.001 of the Texas Local Government Code, as amended, place a lien on the property, unless it is a homestead protected by the Texas Constitution, to recover costs incurred by the city in relocating the displaced person.

(Ord. No. 15,747, § 1, 3-14-24)

(a) Any person shall have the right to appeal a decision regarding eligibility for payment, denial of assistance, or the amount of assistance under this article. Appeal shall be made to the city manager by written request filed with the city clerk within 15 days after such person has been notified of the decision regarding eligibility, denial of assistance, or amount of assistance.

(b) No person shall have any right to appeal for relief to any court in regard to any matter covered by this article until after such person has exhausted the appeal procedure provided for in this section.

(Ord. No. 15,747, § 1, 3-14-24)

(a) Relocatee records—General. The city manager or his designee shall maintain relocation records showing:

(1) Project and parcel identification.

(2) Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to obtain where relocatee moved without assistance).

(3) Personal contacts made with each relocated person, including for each relocated person:

a. Date of notification of availability of relocation payments and services;

b. Name of the official offering or providing relocation assistance;

c. Whether the offer of assistance in locating or obtaining replacement housing was declined or accepted and the name of the individual accepting or declining the offer;

d. Dates and substance of subsequent follow-up contracts;

e. Date on which the relocated person was required to move from the property acquired for the project;

f. Date on which actual relocation occurred and whether relocation was accomplished with the assistance of the city, referral to other agencies or without assistance. If the latter, an approximate date for actual relocation is acceptable; and

g. Type of tenure before and after relocation.

(4) For displacements from dwelling:

a. Number in family;

b. Type of property (single detached, multi-family, etc.);

c. Value, or monthly rent;

d. Number of rooms occupied.

(5) For relocated businesses:

a. Type of business;

b. Whether continued or terminated;

c. If relocated, distance moved (estimate acceptable).

(6) For relocated farms:

a. Whether continued or terminated;

b. If relocated, distance moved (estimate acceptable).

(b) Moving expense records. The city manager or his designee shall maintain records containing the following information regarding moving expense payments:

(1) The date the removal of personal property was accomplished;

(2) The location from which and to which the personal property was moved;

(3) If the personal property was stored temporarily, the location where the property was stored, the duration of such storage, and justification for the storage and the storage charges;

(4) Itemized statement of the costs incurred supported by receipted bills or other evidence of expense;

(5) Amount of reimbursement claimed, amount allowed and an explanation of any differences;

(6) Data supporting any determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired by the city;

(7) When an "in lieu of" payment is made to a business or farm operation, data showing how the payment was computed; and

(8) When moving expense payments are made in accordance with a schedule, the data called for in subsections (b)(3) and (4) above need not be maintained. Instead records showing the basis on which payment was made shall be maintained.

(c) Replacement housing payment records. The city manager or his designee shall maintain records containing the following information regarding replacement housing payments:

(1) The date of the city's receipt of each application for such payments.

(2) The date on which each payment was made or the application rejected.

(3) Supporting data explaining how the amount of the supplemental payment to which the applicant is entitled was calculated.

(4) A copy of the closing statement to support the purchase or down payment, and incidental expenses when replacement housing is purchased.

(5) A copy of the truth in lending statement or other data including computations to support the increased interest payment.

(6) The individual responsible for determining the amount of the replacement housing payment shall place in the file a signed and dated statement setting forth:

a. The amount of the replacement housing payment;

b. That he has no direct or indirect present or contemplated personal interest in this transaction nor will derive any benefit from the replacement housing payment.

c. A statement by the city manager or his designee that in his opinion the relocated person has been relocated into adequate replacement housing.

(Ord. No. 15,747, § 1, 3-14-24)