Chapter 22. Emergency Management

This article shall not be construed to conflict with any state or federal statute or with any military or naval order, rule or regulation.

(Code 1967, § 11¼-8; Ord. No. 3271, § 1, 11-24-81)

At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent with the orders, rules and regulations made and promulgated pursuant to this article.

(Code 1967, § 11¼-7; Ord. No. 3271, § 1, 11-24-81)

No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council.

(Code 1967, § 11¼-10; Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 3, 1-12-23)

Each employee or any individual who is assigned a function or responsibility under this article shall solemnly swear or affirm to support and defend the Constitution of the United States, the laws of the state and the ordinances of the city.

(Code 1967, § 11¼-12; Ord. No. 3271, § 1, 11-24-81)

It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article or to any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management of the city, unless authority to do so has been granted to such person by the proper officials.

(Code 1967, § 11¼-11; Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 4, 1-12-23)

Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal or the termination of a warning shall be deemed guilty of a violation of this article and shall be subject to the penalties imposed by section 1-14.

(Code 1967, § 11¼-6; Ord. No. 3271, § 1, 11-24-81)

This article is an exercise by the city of its governmental functions for the protection of the public peace, health and safety, and neither the city, the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association or trustee nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to this article shall be liable for any damage sustained to persons as the result of such activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack shall, together with his successors in interest, if any, not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license, privilege or other permission or for loss of or damage to the property of such person.

(Code 1967, § 11¼-9; Ord. No. 3271, § 1, 11-24-81)

There is hereby created the office of emergency management of the City of Baytown. The office shall, in cooperation with the state and the federal government, establish a disaster preparedness program for the city that will enable city government to react promptly and effectively to protect lives and property before, during and after a disaster.

(Ord. No. 15,325, § 6, 1-12-23)

The director of the office of emergency management shall be the mayor. In the case of the absence or incapacity of the mayor, the mayor pro tem shall serve as director in accordance to section 15 of the City of Baytown, Texas, City Charter or until the mayor's lawful successor takes place. The director is responsible for overseeing the overall effectiveness of this chapter.

(Code 1967, § 11¼-1(b); Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 7, 1-12-23)

The city manager shall appoint an emergency management coordinator with consent of the mayor. The emergency management coordinator shall conduct the daily operations of city's emergency management program, subject to the direction of the director.

(Code 1967, § 11¼-1(c); Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 8, 1-12-23)

The director and the emergency management coordinator shall have the following duties and responsibilities:

(1) Continual survey of actual or potential major hazards which threaten life and property within the city.

(2) Ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.

(3) Supervise the development of an emergency management plan for the city and recommend that plan for adoption by the city council, along with any and all mutual aid plans and agreements which are deemed essential for the implementation of such emergency management plan.

(4) Survey of the availability of existing personnel, equipment, supplies and services that could be used during a disaster, as provided for in this article, as well as a continuing study of the need for amendments and improvements in the emergency management plan.

(Code 1967, § 11¼-1(d); Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 9, 1-12-23)

(a) The office of emergency management shall develop, keep current, and distribute to appropriate officials a comprehensive emergency management plan and its annexes, and an interjurisdictional emergency management plan that includes the minimum content specified by the Texas Division of Emergency Management (the division), signed by the mayor; which includes a plan:

(1) That follows the standards and criteria established by the division insofar as possible, the form of organization, titles and terminology conform to the recommendations of the division;

(2) That sets forth the form of the program and its concept of operations;

(3) That assigns responsibilities, tasks, duties and powers; and

(4) That designates and selects department directors or their respective designee to carry out the provisions of functions of this plan.

(b) The city and, to the extent the director options for the city to participate, interjurisdictional plans shall be reviewed annually and must have been prepared or updated during the last five years to be considered current. A copy of each plan and any changes to it will be provided to the division.

(c) After the plan is approved, it shall be the duty of all departments and agencies to perform the functions assigned by the basic plan, and to maintain their portion of the plan in a current state of readiness at all times. The emergency management basic plan and its annexes shall be considered supplementary to this chapter and have the effect of law during the time of a disaster or emergency.

(Code 1967, § 11¼-2; Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 10, 1-12-23)

The mayor is authorized to join with the county judge and the mayors of the other cities in the county in the formation of an emergency management council for the county and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a countywide program of emergency management insofar as such program may affect the city.

(Code 1967, § 11¼-3; Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 11, 1-12-23)

The office of emergency management shall:

(1) Prepare an emergency management program for the city;

(2) Direct and control the actual disaster operations of the city emergency management organization as well as the training of emergency management personnel;

(3) Maintain a secure facility to carry out the basic functions of city government during a disaster;

(4) Survey and establish the availability of personnel, equipment, supplies and services that could be used in implementing the emergency management program;

(5) Maintain an emergency communications system for use during a disaster;

(6) Establish a method to conduct city-wide warnings or other public announcements and disseminate emergency public information during a disaster;

(7) Coordinate, in time of war, all city functions in support of the Armed Forces of the United States. In connection with this responsibility, the office may assemble and authorize volunteer units to assist the armed forces and to deny the resources of the city to the enemy;

(8) Cooperate in inter-jurisdictional disaster emergency management planning and operations with other political subdivisions having contracts therefor with the city, if any;

(9) Determine all questions of authority and responsibility that may arise within the emergency management organization of the city;

(10) Maintain necessary liaison with other municipal, county, state, regional, federal or other emergency management organizations;

(11) Marshal, after declaration of a disaster as provided in this article, all necessary personnel, equipment or supplies from any city department to aid in carrying out the provisions of the emergency management plan;

(12) Supervise the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the city is located and with other municipalities within the county, for the countywide coordination of emergency management efforts, to be executed by the director;

(13) Supervise and give final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city; and

(14) Authorize agreements, after approval by the city attorney, for use of private property for public shelter and other purposes, to be executed by the director.

(Code 1967, § 11¼-4; Ord. No. 3271, § 1, 11-24-81; Ord. No. 15,325, § 12, 1-12-23)

(a) A proclamation of a local state of emergency by the mayor of a declared emergency, pursuant to V.T.C.A., Government Code, Ch. 418, authorizes the immediate operational effectiveness of the city's emergency management plan and authorizes the mayor to use emergency powers and to issue emergency orders, rules, regulations or directives as the mayor reasonably deems necessary to protect public health and safety from conduct and conditions directly related to the circumstances that are the subject of the proclamation.

(b) Emergency powers of the mayor may not be continued or be renewed for a period in excess of seven days except by or with the consent of the city council.

(c) During any period in which a state of disaster has been declared by either the mayor or the governor, the city council may convene to perform its duties as the situation demands, and shall receive reports relative to emergency management activities. If it becomes necessary for the mayor and city council to vacate or leave the city limits, the city council shall have full power and authority to act in matters affecting property or people remaining in the city limits in the same manner as though the city council were conducting its business within the city limits. As soon as the city council finds that emergency powers need not be used to deal with a situation, it shall immediately proclaim that the state of disaster has terminated.

(d) Any order or proclamation declaring, continuing, or terminating a state of disaster must be filed promptly with the city secretary and given prompt and general publicity, such as through newspapers, radio, and television, unless publicity would be of aid and comfort to the enemy.

(Ord. No. 15,325, § 13, 1-12-23)

This division applies to all homes, businesses, and facilities that provide assistance, monitoring, health care, personal care, medical, or psychiatric care to three or more non-familial persons, residing in such home, business, or facility; and where beds or facilities for sleeping or overnight stays are available whether in use or not.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, § 2, 12-10-15)

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:

Adult day care center means a facility that provides care or supervision for three or more persons 18 years of age or older who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers.

All-hazards emergency plan means a plan approved by the coordinator containing at a minimum the following:

(1) Assurances the plan meets federal and state regulatory standards, rules, and requirements for emergency preparedness and emergency planning;

(2) A roster of emergency and non-emergency contacts, including 24-hour available management and facility maintenance personnel;

(3) An identification and risk assessment of all potential internal and external emergency threats, hazards, and situations relevant to the facility's geographical area;

(4) The plan must address the following elements:

a. Direction and control.

b. Warning.

c. Communication.

d. Sheltering arrangements.

e. Evacuation.

f. Transportation.

g. Health and medical needs.

h. Resource management.

(5) Annual and periodic training and exercises;

(6) Contracts for emergency supplies, transportation, alternate shelter sites, services, and equipment;

(7) Proof of current required federal, state, and local licenses and permits; and

(8) Other specific information related to the life-safety of the facility, staff, and residents as required by the coordinator.

Child care center means a facility that provides care, training, education, custody, treatment, or supervision for persons under 14 years of age who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers.

Convalescent or nursing home includes both (i) an establishment which furnishes food and shelter to three or more persons who are not related by blood, marriage, or adoption to the owner or proprietor of the establishment and, in addition, provides minor treatment under the direction and supervision of a physician, or services which meet some need beyond the basic provision of food, shelter, and laundry; and (ii) an establishment conducted by or for the adherence of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively upon prayer or spiritual means for healing, without the use of any drug or material remedy. This term does not include a hotel or similar place that furnishes only food and lodging, or either, to its guests, a hospital, or an establishment that furnishes only baths and massages in addition to food, shelter, and laundry.

Convent means the dwelling units of a religious order or congregation.

Coordinator means the emergency management coordinator.

Dormitory means a structure occupied or designed to be occupied by three or more students of an accredited post-secondary educational institution, with sleeping accommodations and common gathering rooms, where such building is directly related to such institution.

Existing residential board and care facility shall mean any structure having a residential board and care occupancy:

(1) That was properly licensed and permitted by the city as a custodial residential care and living facility on December 20, 2015; or

(2) That:

a. Had an immediate prior use as a licensed and permitted hospital, nursing home or other similar state licensed residential health care facility;

b. Has been converted for a residential board and care occupancy;

c. Is fully fire sprinkled in accordance with NFPA 13; and

d. Has all life safety features and equipment, which was required by the facility's prior use, restored, maintained, and operational in accordance with all applicable codes.

Foster home means a facility that provides room, board, and supervision to five or more persons under 18 years of age who are not related by blood, marriage, or adoption to the owner or operator of the facility for which reimbursement or fee is received for any one or more of the children in return for such services.

Group home means a facility in which three or more unrelated individuals reside and which provides care in a protected living arrangement for underage minors, the mentally and/or physically impaired, developmentally disabled, or victims of abuse or neglect. This term includes congregate living facilities for the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or neglect, congregate living facilities of boarding schools, and residential services licensed by the state commission on alcohol and drug abuse, but not primarily for criminal rehabilitation.

Halfway house shall mean a facility for the housing, rehabilitation, and training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses wherein residence is limited to no more than 90 calendar days.

Hospital means a healthcare institution where sick or injured patients are given medical treatment which includes general hospitals, specialty hospitals, psychiatric hospitals, and freestanding emergency medical care facilities.

Hotel shall mean a facility in which members of the public may, for consideration, obtain sleeping accommodations, including without limitation hotels, motels, tourist homes, tourist houses or courts, lodging houses, inns, rooming houses or other buildings where rooms are furnished for consideration but not including hospitals, sanitariums, nursing homes or other facilities where medical, personal, minors, or other care or monitoring or assistance services are offered or provided.

Long-term care residential facility shall mean (i) any structure constructed on or after December 20, 2015, as a long-term care residential facility, (ii) any structure that has been converted into a long-term care residential facility, except for a structure included in the definition of existing long-term care residential facility, or (iii) a structure or portion thereof having a long-term care residential facility occupancy and includes, but not limited to, convalescent or nursing homes, skilled nursing facilities, assisted living facilities, and intermediate care facilities for individuals with an intellectual disability and adult day care centers, which centers are capable and equipped for overnight stays, and hospitals. The term does not include:

(1) A municipal, county, or state jail, state prison, federal correctional center or private correctional facility that contracts with the state department of criminal justice;

(2) A religious retreat;

(3) A halfway house where no medical treatment is rendered;

(4) A hospital or healthcare facility licensed as such by the State of Texas;

(5) A hotel; or

(6) A dormitory;

(7) End-stage renal disease facilities;

(8) Day activity and health services; and

(9) Foster homes and group homes.

Long-term care residential facility occupancy means any occupancy where for compensation three or more non-familial persons reside or are housed overnight for the purpose of long-term medical care, treatment, monitoring, custody, general care, or assistance. This term includes any occupancy where persons are admitted, reside, or are kept for monitoring, assistance, care, custody, or treatments either voluntarily or involuntarily.

Personal care home means a personal care home and a group home for the disabled as such terms are defined in article IV of the unified land development code.

Religious retreat shall mean a facility operated exclusively for the purpose of prayer, religious study and meditation. The term shall include a convent.

Residential zoning district means those zoning districts included in section 2.05 of the unified land development code, as amended.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, §§ 3, 4, 12-10-15; Ord. No. 13,619, §§ 1, 2, 10-26-17; Ord. No. 13,693, § 2, 2-8-18; Ord. No. 15,325, § 15, 1-12-23)

In addition to other requirements contained in this article, the design, construction, renovation and occupancy of residential board and care facilities shall be governed by and subject to:

(1) The building, mechanical, electrical, plumbing, and other codes as adopted and amended in chapter 18 of this Code;

(2) The fire code as adopted and amended in chapter 38 of this Code; and

(3) The unified land development code as adopted and amended in appendix A of this Code.

Where any provision or requirement of any of the adopted building, mechanical, electrical, plumbing or fire codes conflict, the fire chief and chief building official shall apply the code provision which provides the greatest degree of life safety to the occupants of the building.

(Ord. No. 13,066, § 6, 12-10-15; Ord. No. 13,619, § 4, 10-26-17; Ord. No. 13,693, § 3, 2-8-18)

(a) Required. It shall be unlawful for any person to open, operate, advertise for or to hold one's self out as, or conduct any business in a residential board and care facility without a permit issued in accordance with this division. A new permit must be obtained prior to occupancy, upon change of ownership, prior to reopening after a closure of more than 30 days, upon receiving a new certificate of occupancy, and prior to any increase in maximum permissible occupancy.

(b) Term. Any permit issued under this section shall expire on December 31 the year of issue and must be renewed annually.

(c) Display. The permit required in subsection (a) of this section shall be displayed at all times at or near the physical entrance to the residential board and care facility in such a manner that it will be conspicuous to the residents and persons who enter the premises.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, § 7, 12-10-15)

(a) Submission. Applications for a permit, whether original or renewal, must be made to the coordinator by the intended operator of the long-term care residential facility. Application forms shall be supplied by the coordinator.

(b) Contents. All applications shall include or be accompanied by the following at the time of submission to the coordinator:

(1) A non-refundable fee as established in section 2-595 of this Code;

(2) The name, business address, and telephone number of the operator of the long-term care residential facility;

(3) The name and location of the long-term care residential facility;

(4) Proof of a current certificate of occupancy from the city;

(5) The names, titles, email addresses, and telephone numbers of the following persons associated with the and long-term care residential facility:

a. The person submitting the application;

b. The owner of the long-term care residential facility, along with a photocopy of their current, valid state issued driver's license or state issued identification card;

c. The operator/manager of the long-term care residential facility;

d. The principal contact for the applicant, owner, and operator; and

e. The 24-hour emergency contact who can initiate appropriate actions in response to an emergency;

(6) The maximum number of persons who may reside or may be housed overnight for the purpose of residence, medical care, treatment, monitoring, custody, general care, or assistance;

(7) The description of the services provided at the long-term care residential facility to persons residing or housed at the facility;

(8) An all-hazards emergency plan; and

(9) Any other information requested by the coordinator.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, § 8, 12-10-15; Ord. No. 15,325, § 16, 1-12-23)

(a) Completeness review. No application shall be processed until the established fee has been paid and the application has been deemed complete by the coordinator.

(b) Abandoned application. Applicant shall have 30 calendar days to respond in writing with corrections or to request an application extension. Failure to respond within the 30-day period shall constitute an abandoned application, which shall become null and void.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 15,325, § 17, 1-12-23)

(a) Issuance. Upon receipt of the required fee together with a completed application form and after the approval of the site plans and satisfactory completion of site inspections, the coordinator shall issue a residential board and care facility permit. This permit shall include, but not be limited to, the name of the owner of the permitted facility, the name and address of the permitted facility, along with its type and maximum permitted occupancy.

(b) Late renewal. If the permit holder submits a complete annual renewal application between January 1 and January 14 of any year immediately after the expiration date of its previous permit, the permit holder shall be assessed a late fee of $100.00 but shall not be subject to criminal penalties as provided for in section 22-107. However, permit holders who fail to submit a complete annual renewal application on or before January 14 of any year shall be subject to the late fee and, upon conviction, criminal penalties as provided for in section 22-107.

(c) Transferability. A residential board and care facility permit issued under this division cannot be transferred to another person.

(d) Change of information. If information provided in the application for residential board and care facility permit changes at any time during the term of the permit, including a change of ownership of facility management, the permit holder must notify the coordinator in writing within ten days of the change. No fee will be assessed for any such change, unless the change requires a review and approval of the all-hazards emergency plan in which case a non-refundable fee as established in section 2-595 of this Code will be assessed.

(e) Notice of denial or revocation. If the coordinator determines that a residential board and care facility permit is not compliant with city requirements and should not be issued or renewed or that a permit should be revoked, s/he shall send to the applicant or permit holder by certified mail, return receipt requested, or hand delivered with a receipt from the occupancy management representative, written notice of the determination setting forth the reason therefor and advising the applicant or permit holder of the right to an appeal.

(f) Notice of appeal. The applicant or permit holder may appeal the decision to deny or revoke a permit by filing with the city clerk a written request for a hearing, setting forth the reasons for the appeal, within ten calendar days after receipt of the notice of the decision to deny or revoke a residential board and care facility permit. If a request for an appeal hearing is not made within the ten-day period, the determination of the emergency management coordinator is final.

(g) Appeal. The appeal shall be heard by the city manager, who shall consider evidence offered by any interested person. The formal rules of evidence shall not apply at such hearing. The city manager shall make a decision on the basis of a fair preponderance of the evidence presented and matters officially noticed at the hearing. The city manager shall render a decision within 30 days after the appeal hearing. Such decision shall affirm, reverse, or modify the determination of the coordinator, and the city manager's decision is final.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, § 9, 12-10-15)

(a) Floodplain and floodway requirements:

(1) New facilities. No new residential board and care facility shall be constructed, moved, located, or opened for occupancy in a 100-year floodplain or any floodway (tidal or velocity zone).

(2) Existing facilities. No existing residential board and care facility located in a 100-year floodplain or any floodway (tidal or velocity zone) shall be permitted to increase the size or footprint of that facility or to increase the number of occupants over that initially permitted in accordance with section 22-102.

(b) Distancing requirements. No personal care home may be established in a residential zoning district within one-half mile of another personal care home in a residential zoning district. The measurement of the distance between the personal care homes shall be in a direct line from property line to property line, without regard to roadways and intersections.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, § 10, 12-10-15; Ord. No. 13,693, § 4, 2-8-18)

(a) Notice. If the emergency management coordinator finds that any of the provisions of this article are being violated, the coordinator shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The coordinator may order the discontinuance of the illegal operation of a residential board and care facility and take action authorized by this section to ensure compliance with, correction of existing violations or to prevent violation of this article.

(b) Offense. A person who fails to comply with the provisions of this division or fails to execute the approved all-hazards emergency plan as required therein shall, upon conviction, be guilty of an offense, punishable as provided in section 1-14 of this Code.

(c) Penalty. A person who commits more than one offense of this division within a consecutive 12-month period, shall be subject, upon conviction, to the following:

(1) A fine not less than $200.00 for a second violation;

(2) A fine not less than $300.00 for a third violation; and

(3) A fine not less than $400.00 for each violation thereafter.

(d) Public nuisance. Violation of this article is hereby declared to be a public nuisance, which may be abated by the coordinator by restraining order, preliminary and permanent injunction, or other means provided by law.

(e) Public emergency. Violation of the requirement to have an approved emergency plan by any residential board and care facility as set forth in this article shall constitute an immediate hazard and threat to the life safety of the residents of any facility subject to these requirements. The coordinator shall have the responsibility to seek an emergency order for evacuation from a court of competent jurisdiction and order the facility residents evacuated at the expense of the owner of that residential board and care facility.

(Ord. No. 11,789, § 3, 11-10-11; Ord. No. 13,066, § 11, 12-10-15)

(a) The city hereby establishes the Baytown Emergency Management Advisory Committee to advise and assist the office of emergency management in matters relating to mitigation, preparedness, prevention, response, and recovery.

(b) The committee shall consist of the emergency management coordinator, fire chief, police chief, director of public works, director of engineering, and director of health or their respective designee, and, by appointment of the emergency management coordinator, with consent of the city manager, the committee shall further consist of, to the fullest extent possible, one community member from the following industries: industrial and chemical facility, educational institution, and non-profit organizations or volunteer organizations active in disaster management, and one interested resident.

(c) The chair and presiding officer of Baytown Emergency Management Advisory Committee is the emergency management coordinator. The chair shall develop rules and procedures to govern the process of committee meetings and conducting the business of the committee, subject to the consent of the city manager.

The provisions contained in this division are applicable only to structures damaged by a disaster that were occupied at the time of the disaster. Nothing in this division is intended nor shall be construed to apply to any circumstance, site, or condition other than those which arise directly out of a disaster and state of emergency as defined in this division.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)

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:

Approved means that the vehicle, product, or material meets applicable testing, safety, and performance standards from a nationally recognized testing laboratory or organization and complies with federal, state or local codes for its use and is acceptable to the city's chief building official.

Declaration of a state of emergency means a declaration of local disaster issued by the mayor in accordance with state law.

Disaster means any natural, technological, or civil event for which a declaration of a state of emergency has been issued. Such event may include, but are not limited to, hurricane, flood, earthquake, terrorism, civil unrest, transportation accident, radiological accident, or chemical or other hazardous material incident.

Industrialized housing has the meaning ascribed in V.T.C.A., Occupations Code § 1202.002, except the term does not include a structure installed on a permanent foundation.

Manufactured home has the meaning ascribed to it in section 58-1.

Occupied means the status of property for a single-family dwelling, which at the time of the disaster:

(1) Had a valid certificate of occupancy or final inspection from the chief building official, if applicable;

(2) Had water service from the city or from an in-city municipal utility district; and

(3) Was legally inhabited.

Recreational vehicle has the meaning ascribed to it in section 58-1.

Single-family dwelling unit means a building or portion of a building, other than a mobile home, that is arranged, occupied or intended to be occupied as a single residence and includes facilities for sleeping, cooking and sanitation.

Storage container means a portable, weather resistant storage unit that is designed by the manufacturer thereof for the primary purpose of storing personal items or household goods. This term does not include a waste container.

Temporary structure means industrialized housing manufactured home, or recreational vehicle.

Waste container means a container, dumpster, collection receptacle, or compactor used to store or transport from a single-family dwelling unit construction and demolition waste, which is (i) of adequate strength and design to prevent leakage of leachates and spillage of other waste during storage, transport and emptying or loading; and (ii) regularly replaced or cleaned to prevent offensive odor and harborage, feeding and propagation of vectors.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)

(a) Same site relocation. If a single-family dwelling unit becomes damaged due to a disaster, the owner thereof, subject to the conditions set forth in this division, may apply for a temporary structure permit to temporarily place an approved manufactured home or recreational vehicle on the property during rehabilitation or reconstruction of the single-family dwelling unit, regardless of zoning district requirements.

(b) Alternative site relocation. In those instances where the site of the single-family dwelling unit damaged by a disaster described in subsection (a) hereof cannot meet the requirements of this division for the temporary placement of an approved temporary structure, the property owner may apply for a temporary structure permit to place such temporary structure on an alternative existing residential lot in the area affected by the disaster event; provided that, the temporary use can be located on the alternative site in compliance with the use and all other standards for accessory structures as set forth in this Code.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,035, § 1, 12-11-08; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)

When a disaster has rendered a nonresidential structure uninhabitable, an approved manufactured building or an approved Texas industrialized structure may be temporarily permitted pursuant to this division on-site to allow the enterprise on the same site to carry out its activities during the rehabilitation of the original structure or construction of a new structure. Such temporary nonresidential structures may be permitted only for use on the site of the damaged structure, for commercial enterprise purposes, and shall not be permitted to be used for residential purposes.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,789, § 2, 11-10-11)

(a) Implementation of division. The city manager may implement the provisions of this division in the aftermath of a disaster and designate the area affected by such disaster, upon determining that post-disaster circumstances are such that adequate repair or reconstruction of a significant number of structures in the city or in specific areas of the city will require substantial time to complete.

(b) Temporary structure permit application. After the implementation of this division pursuant to subsection (a) hereof, permits allowing temporary such use shall be allowed. A person desiring to obtain a temporary structure permit pursuant to this division shall make application for a permit to the chief building official containing the following information:

(1) Name, address, and phone number of applicant; and name, address and phone number of property owner if applicant is not the property owner along with a statement from the owner that applicant may apply for temporary structure permit on the site;

(2) Location, legal description, site dimensions, and site plan for which the temporary structure permit is sought;

(3) Copy of the building permit for the structure damaged by the disaster which is being repaired or replaced at the site for which the temporary structure permit is sought or an agreement that such a building permit will be secured within 90 days of the temporary structure permit application;

(4) If an alternative site is proposed pursuant to section 22-122(b), the name, address and phone number of the owner of the alternative site;

(5) If an alternative site is proposed pursuant to section 22-122(b), a copy of the agreement, which authorizes applicant to use the property in accordance with this division;

(6) If a temporary structure permit is sought during the rehabilitation or reconstruction of a single-family dwelling unit pursuant to section 22-122, proof of ownership of the single-family dwelling unit or notarized letter of authorization from the legal owner;

(7) The size and description of the temporary structure for which a temporary structure permit is sought;

(8) Agreement that the applicant will remove the temporary structure within 15 days of the issuance of the certificate of occupancy for the new or rehabilitated single-family dwelling unit or upon expiration of the temporary use permit, whichever occurs first; and

(9) A statement that the applicant understands and agrees to comply with all provisions of this division.

(c) Temporary structure permit. A temporary structure permit issued under this section may be issued only upon the determination of the chief building official that the original structure is damaged by the disaster and the requirements and conditions of this division and all other applicable regulations have been satisfied. All temporary structure permits issued shall include an expiration date on the face of the permit.

(1) Term. The term of the temporary structure permit allowing the temporary structure to remain in use and on-site will be six months from the date of the issuance of a temporary structure permit unless the temporary structure permit expires earlier in accordance with section 22-124(b)(3).

(2) Extension authorized by chief building official. After this initial term, should the chief building official determine that circumstances are such that safe and efficient reconstruction of damaged properties warrant the extension of the permit period, the chief building official may issue a single six-month extension; however, no such extension may be issued by the chief building official for recreational vehicles placed in a floodplain.

(3) Extensions authorized by council. Should further time extensions beyond the six calendar months granted for a recreational vehicle in a floodplain or the 12 calendar months already granted for all other temporary structures, be warranted, the city council may adopt a resolution granting, upon application by a permit holder, six-month extensions based on the chief building official's assessment that the permit holder is unable to complete the reconstruction set forth under the permit due to circumstances beyond the permit holder's control such as, but not limited to, a local shortage of building materials or properly licensed contractors.

(4) Automatic extension. Without requiring an extension of a previously issued temporary structure permit, a new temporary structure permit may be issued for a structure damaged by a subsequent disaster event, if that structure was previously issued a temporary structure permit which has not expired, and so long as the terms of this article were activated by the city manager to address damage caused by the subsequent disaster.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)

For all temporary structures allowed by this section, the following shall apply:

(1) Number. A single temporary structure may be allowed on any site or location where the existing single-family dwelling unit has been declared by the chief building official to be damaged by the disaster and shall be required to have a building permit issued by the chief building official for the single-family dwelling unit damaged by the disaster in accordance with section 22-124(b)(3).

(2) Utilities. The temporary structure shall be properly connected to water, wastewater, electrical, and all other utilities and services and shall be inspected by the chief building official.

(3) Location and placement. Temporary structures permitted under this division:

a. Shall be located and positioned in compliance with all applicable provisions of this Code pertaining to floodplain management, unless a variance has been granted pursuant to section 22-126 of this division;

b. Shall be located and positioned in accordance with the approved site plan;

c. Shall not be within three feet of any property line; and

d. Shall not create an unacceptable level of health or safety risk, as determined by the chief building official, fire marshal, or director of health, to adjacent properties or structures, the public, or any visitor to, or occupant of the temporary structure, or to workers constructing or repairing the onsite single-family dwelling unit.

(4) Environmental permitting excepted. Except as otherwise provided within this division, the provisions of this Code pertaining to environmental permitting shall not be enforced upon any temporary structure granted a temporary structure permit under this division.

(5) Anchoring and reinforcement required. The temporary structure permitted pursuant to this division shall be required to be anchored and reinforced in accordance with all applicable requirements for installation of such structure, including but not limited to section 110-102(4); provided, that a recreational vehicle does not have to be anchored if the recreational vehicle is operational and has lawfully attached to it an unexpired license plate and, if applicable, a valid motor vehicle inspection certificate;

(6) Removal from property. The temporary structure permitted pursuant to this division must be removed from the property no later than 15 days after the certificate of occupancy is issued for the new or rehabilitated single-family dwelling unit, or immediately upon the expiration of the temporary structure permit, whichever occurs first.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,035, § 2, 12-11-08; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)

(a) Variance request. A property owner desiring to temporarily place a temporary structure on the same lot with a single-family dwelling unit, which is rendered damaged due to a disaster and is located in a floodplain pursuant to a FEMA FIRM map, must make a written request for a variance to the provisions of section 22-125(3)(a) prior to submitting a temporary structure permit application. All requests for variances from this division shall be submitted to the floodplain administrator and shall demonstrate compliance with the criteria set forth in this section.

(b) Report and decision. After receipt of a written variance request, the floodplain administrator based upon the criteria specified in subsection (c), shall file his report and decision regarding the proposed variance with the chief building official. A copy of the report and decision shall be provided to the applicant.

(c) Criteria. Variances from section 22-125(3)a shall be issued after a thorough evaluation of the risks to the occupants of the proposed temporary structure and only upon a finding by the floodplain administrator that:

(1) The enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this division and the public interest;

(2) There is no other practical alternative to locating an approved temporary structure on the lot in question; and

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

Any variance granted shall be specific to the property and temporary structure and signed by the floodplain administrator.

(d) Conditions of all variances. Any variance granted under this section shall be conditioned upon the owners complying with the following:

(1) Signing a document releasing the city and acknowledging the following:

a. The risks associated with placement of the temporary structure in the floodplain, including loss of property and human life due to flood;

b. The approved temporary structure and contents therein are not eligible for coverage under the National Flood Insurance Program; and

c. The owners and all occupants of the approved temporary structure will evacuate such temporary structure in the event an evacuation order has been issued by a governmental entity for the area in which the property subject to the variance is located.

(2) Obtaining a building permit for the single-family dwelling unit damaged by the disaster;

(3) Obtaining a temporary structure permit pursuant to this division;

(4) Elevating the approved temporary structure to an appropriate level as determined and approved by the floodplain administrator;

(5) Residing in the approved temporary structure; and

(6) Complying with all applicable provisions of this division.

(e) Appeal. If a variance under this section is denied by the floodplain administrator, the applicant may appeal such decision to the city council on the grounds that the decision misconstrues or wrongly interprets this section. The appeal must be made in writing, be filed with the city clerk within ten (10) days after the decision of the floodplain administrator, and set forth in detail the basis of the appeal along with the date of the floodplain administrator's decision. The burden of proof shall be upon the applicant to demonstrate that the floodplain administrator's decision was not made in accordance with this section.

(Ord. No. 11,035, § 4, 12-11-08; Ord. No. 11,041, §§ 1—3, 1-8-09; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)

Waste and storage containers may be stored on property on which a single-family dwelling unit was damaged by a disaster only during rehabilitation or reconstruction of such single-family dwelling unit and may remain thereon:

(1) For six months after the declaration of a state of disaster if no building permit is obtained for the single-family dwelling; or

(2) Until the earlier of (a) the certificate of occupancy is issued for the single-family dwelling unit damaged by the disaster if a building permit is obtained or (b) one year.

No more than one waste container and one storage container can occupy each residential property at a time.

(Ord. No. 13,576, § 1, 9-7-17)

(a) Failure to comply with any provision of this division shall be grounds for the revocation of or the refusal to issue or extend any permit required in this division, in addition to any fines imposed upon conviction.

(b) Revocation or expiration of a building permit for the repair or reconstruction of a single-family dwelling unit damaged by a disaster shall be grounds for the revocation of or the refusal to issue or extend any permit required in this division, in addition to any fines imposed upon conviction.

(c) Failure to comply with section 22-125(6) shall, after due process, result in the city removing the noncompliant temporary structure at the expense of the permit holder and/or property owner. The chief building official shall mail a notice to the owner of the property upon which the noncompliant temporary structure has been removed advising the owner of the following:

(1) The costs incurred or expended by the city to remove such structure;

(2) That the city proposes to assess its costs against the property by placing a lien on the property to collect the costs incurred by the city; and

(3) The date by which the owner must reimburse the city for the costs incurred.

If payment is not received by the date specified in the notice, the chief building official shall file a lien against the property for the city's costs. Any lien filed pursuant to this section shall be security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city. The lien shall be superior to all other liens except tax liens and liens for street improvements and shall accrue interest at the rate of ten percent per annum.

(d) Any person violating any provision of this division shall upon conviction be punished by a fine as provided in section 1-14.

(Ord. No. 10,968, § 1, 9-22-08; Ord. No. 11,035, § 3, 12-11-08; Ord. No. 11,789, § 2, 11-10-11; Ord. No. 13,576, § 1, 9-7-17)