Ord. 0521 08-11-86ORDINANCE NO. 521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A NEW SECTION 7-31 AND 7-31.1 OF THE CITY
CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD
HOUSING CODE, 1985 EDITION, AND MAKING CERTAIN AMEND-
MENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICA-
TION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That there is hereby created a new Section 7-31 of
the Code of Ordinances of the City of Pearland, Texas which shall
hereafter read as follows:
"Sec. 7-31. Adoption of regulations; conflicting provisions.
For the purpose of establishing minimum standards for occupancy
existing residential buildings, regardless of when constructed,
a supplement
the City of
incorporated
that certain
of
as
to the building code, within the corporate limits of
Pearland, Texas, there is hereby adopted and
herein by reference as the housing code of the City
housing code known as the Standard Housing Code, 1985
Edition, with revisions, recommended and published by the Southern
Standard Building Code Congress International, which code is
published in book form and which is referred to, incorporated
herein and made a part hereof for all purposes, a true and correct
copy of which is filed of record in the office of the City
Secretary.
Provided, however, that in the event any conflict may arise between
any provision of the housing code adopted by this article and any
other applicable provisions of state law or City Ordinance, rule or
regulation, the provisions of this Code of Ordinances, state law,
or city rules and regulations shall be controlling."
Section 2. That there is hereby created a new Section 7-31.1 of
the Code of Ordinances of the City of Pearland, Texas, which shall
hereafter read as follows:
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"Sec. 7-31.1. Amendments, modifications, additions, deletions.
The housing code adopted in section 7-31 hereof is hereby modified
in the following respects:
(a) Penalties.
Wherever in said code a penalty is provided for the violation
or failure to comply with the provisions thereof, such penalty
shall be expressly deleted from said code, and the penalty for
violation or failure to comply with such provisions shall be
as otherwise provided in the City Code of Ordinances.
(b) Board of Adjustments and Appeals.
All references in the Housing Code to the Housing Board of
Adjustments and Appeals shall be construed to refer to the
Building Code Board of Adjustments and Appeals, which is
hereby in all things empowered to render any decision which
said Housing Board of Adjustments and Appeals would be
empowered to render, and which is hereby endowed with all
powers and charged with all duties granted within said code to
such Housing Board.
(c) 103.2.2 Chapter 1, Section 103, Subsection 103.2.2 of the
Standard Housing Code, 1985 Edition, with revisions, shall be
and the same is hereby expressly amended to read as follows:
103.2.2 Whenever the Housing Official determines that
there are reasonable grounds to believe that there has
been a violation of any provision of this Code of of any
rule or regulation adopted pursuant thereto, he shall give
notice of such alleged violation to the person or persons
responsible therefor and such alleged violations(s) shall
be deemed to constitute a nuisance. Such notice shall be
given as provided in the Unsafe Building Abatement Code of
the City.
(d) 103.2.3. Chapter 1, Section 103, Subsection 103.2.3 of the
Standard Housing Code, 1985 Edition, with revisions, shall be
and the same is hereby expressly amended to read as follows:
103.2.3 Service of notice shall conform to the
requirements set forth in the Unsafe Building Abatement
Code of the City.
(e) 103.2.4. Chapter 1, Section 103, Subsection 103.2.4 of the
Standard Housing Code, 1985 Edition, with revisions, shall be
and the same is hereby expressly amended to read as follows:
(f)
103.2.4 When a residential building is to be demolished,
it shall be demolished according to the appropriate
provisions of the Building Code and Unsafe Building
Abatement Code of the City.
103.2.5. There is hereby added to Chapter 1, Section 103 of
the Standard Housing Code, 1985 Edition, with revisions, a new
Subsection 103.2.5, which shall hereafter read as follows:.
103.2.5 For enforcement and abatement purposes, any
violation of any provision of the Standard Housing Code,
1985 Edition, with revisions, as adopted by this Chapter,
shall be construed to be a violation of the Building Code
of the City, and the procedure to abate such violations
shall be as provided in that Code and as further provided
in the Unsafe Building Abatement Code of the City, the
provisions of the Housing Code being in all respects
supplemental to said Building Code.
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(i)
(g)
106.1. Chapter 1, Section 106, Subsection 106.1 of the
Standard Housing Code, 1985 Edition, with revisions, shall be
and the same is hereby expresslyamended to read as follows:
106.1 - APPOINTMENT
The Building Code Board of Adjustments and Appeals shall
have the authority to provide for the final interpretation
of the provisions of this Code and the application of such
provisions to persons and property.
(h) 106.1.1 and 106.1.2. Subsections 106.1.1 and 106.1.2 of
Chapter 1 of.the Standard Housing Code, 1985 Edition, with
revisions, being unnecessary to effect the purpose of such
Code, are hereby expressly deleted in their entirety.
106.2. Subsection 106.2 (Meetings) of Chapter 1, Section 106
of the Standard Housing Code, 1985 Edition, with revisions, is
hereby expressly deleted in its entirety."
Section 3. Any person, firm or corporation who shall violate or
fail to comply with the requirements or provisions of the housing code
herein adopted shall be deemed guilty of a misdemeanor, and shall,
upon conviction by a court of competent, jurisdiction, be punished as
provided in Section 1-11 of the Code of Ordinances of the City.
Section 4. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconsti-
tutional or otherwise unenforceable by a court of competent
jurisdiction, such part shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 5. All Ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
Section 6. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be
codified as herein provided.
Section 7. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of
the City at least once within ten (10) days after its passage on
second and final reading. This Ordinance shall thereafter become
effective ten (10) days from and after its publication, or the
publication of its caption and penalty, in the official City
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newspaper.
PASSED AND APPROVED ON FIRST READING this day of
9/Jr
ATTEST:
tlie
City cretary
day of
, A. D., 1986.
Mayor
PASSED AND APPROVED ON SECOND AND FINAL READIN is
6 A. D., 1986.
aYyLJITY
ATTEST:
City cretarX
APPROVED AS TO FORM:
tae,difizi
VOTING RECORD (FIRST READING) JULY 28, 1986
Voting "Aye" -
Voting "No" -
'VOTING
Voting
RECORD
"Aye" -
Voting "No"
//
Mayor
Councilmember Roberts, Councilmember Frauenberger, Councilmember
Bost and Councilmember Mack.
None.
(SECOND READING) AUGUST 11, 1986
Councilmember Roberts, Councilmember Tetens, Councilmember
Frauenberger and Councilmember Mack.
None.
PUBLICATION DATE:
EFFECTIVE DATE:
AUGUST 15, 1986
AUGUST 25, 1986
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
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