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Ord. 0867 08-24-98ORDINANCE NO. 867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, CHAPTER 9, ELECTRICITY, AND CHAPTER 23, PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THEY MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT AND INCORPORATE BY REFERENCE VARIOUS REGULATORY CODES GOVERNING THE AFOREMENTIONED CHAPTERS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE PROPER CONSTRUCTION OF BUILDINGS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 7, Building, is hereby amended to adopt and incorporate by reference the Standard Building Code, 1997 Edition, with the exception that Chapter 15, Section 1505, Wood Shingles and Shakes, is entirely deleted, and creating a Section 1505.1 to read as follows: "Section 1505.1 - Wood shingles and shakes shall not be permitted as roof coverings on any building(s) within the city limits." Section 2. That Chapter 7, Building, is further amended to adopt and incorporate by reference the Standard Mechanical Code, 1997 Edition, Standard Housing Code, 1997 Edition, Standard Swimming Pool Code, 1994 Edition, and Standard Unsafe Building Abatement Code, 1985 Edition. Section 3. That Chapter 9, Electricity, is hereby amended to adopt and incorporate by reference the National Electrical Code, 1996 Edition. 1 ORDINANCE NO. 867 Section 4. That Chapter 23, Plumbing and Gas, is hereby amended to adopt and incorporate by reference the Standard Plumbing Code, 1997 Edition and the • Standard Gas Code, 1997 Edition. Section 5. Declaration of Emergency. The Council finds and determines that the need to regulate proper construction of buildings inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 6. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished as provided by Section 1-11 of the Pearland Code of Ordinances. Each day such violation continues shall be deemed a separate offense. Section 7. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 2 ORDINANCE NO. 867 Section 9. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 10. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 11. Publication/Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on First and Only Reading this the 24th day of August , A.D., 1998. ATTEST: APPROVED AS TO FORM: ,,A.,;,, h • CL DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING AUGUST 24, 19981 Voting "Aye" - Councilmembers Berger, Beckman, Seeger, Tetens, and Wilkins. Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: AUGUST 26, 1998 EFFECTIVE DATE: SEPTEMBER 6, 1998 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS AFFIDAVIT OF PUBLICATION The Pcarland Reporter News 2404 South Park Pcarland, Texas 775II1 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date Yj �L1 1912 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this oL day of 19 )2 Laura Ann Emmons, Publisher ItlEigagna r,; AN ORDINANCE OF,THE CITY COUNCIL OF'TOE„ CITY OF PEARI.ANO, TEXAS, AMENDING CHAP- TER Y BUILOIlja CHAP TER9,ELE`BT6cl ,AND CHAPTER 23, PLUMBIIV01 SAND GAS, OFTHE CITY OF PEARLAN D CODE ;OROINANCES,ASTHEY ;MAY HAVE BEEN, FROM r_ TIME TO TIME;AMENDER,' ,TO ADOPT:AND INCORN:, RATE BY REFERENCE , -; . VARIOUS REGULATORY (CODES OOVERNINGCTHE` FOREMEI, i10NEDCHAP,- ERS; PROVIDING Aa _ < PENALTY FOR VIOLATIOty1 CONTAININGASAVINGSv `CLAUSE, A SEVERABILI'' CLAUSE ANRDA REPEALER CLAUSE; PROVIDINGPnoviam FOR PUBLICATION, CODIFICA., TION,AND AN=EF VE ;DATE; AHD OF-014RING3r. AN AmERGENOYAERMSE THE NEED TO REGULATE PROPER CONSTRUCTION OFBURRINGSINURESTo zTHE BENEFITOF THE;PUB• LICAND,TIIEREFORE, BEARS DIRECTLY UPON THE HEALTII,`SAFETYAND WELFARE OF THEE CITE, Eu•. meant Ishedaspio 1.11 of the Pea Ordinances. Eacf141 violation continues deemed a separate OR MAY ATTEST: /$/ YOUNG LOWING CITYsEURETARY APPROVED AS TO FORM: I. DARRIN M CDKER-.. " ITYATTORNEY ,44.un RF ORD lFIRSi• • Voting Aye'CCouneemembera erget;Becklan S9egerl aidvilluna