Ordinance No. 13,576ORDINANCE NO. 13,576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE IV
"POST -DISASTER MANAGEMENT," DIVISION 2 "EMERGENCY WAIVER
FOR POST -DISASTER TEMPORARY ACCOMMODATIONS" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO UPDATE THE
CONDITIONS PERTAINING TO THE TEMPORARY STRUCTURE PERMIT,
INCLUDING EXTENSIONS OF AND VARIANCES TO SUCH PERMIT, AND
WASTE CONTAINERS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND N0/100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 22 "Civil Emergencies," Article IV "Post -disaster
Management," Division 2 "Emergency Waiver for Post -Disaster Temporary Accommodations"
of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE IV. POST -DISASTER MANAGEMENT
DIVISION 2. EMERGENCY WAIVER FOR POST -DISASTER TEMPORARY
ACCOMMODATIONS
Sec. 22-120. Applicability.
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.
Sec. 22-121. Definitions.
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.
Sec. 22-122. Rehabilitation or reconstruction of a single-family dwelling unit.
(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
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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.
Sec. 22-124. Procedures for implementation of this division.
(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;
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(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
(6) 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.
Sec. 22-125. Conditions for use and limitations.
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 (3') 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
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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.
Sec. 22-126. Variance for placement of temporary housing in a floodplain.
(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 subsection 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 subsection 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.
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(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.
Section 22-126.5. Location and time limits to waste and storage containers.
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.
Sec. 22-127. Penalties; enforcement.
(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 subsection 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.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3 - If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not
more than FIVE HUNDRED AND N0/100 DOLLARS ($500.00). Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense. In
addition to the penalty prescribed above, the city may pursue other remedies such as abatement
of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance. /j
INTRODUCED, READ and PASSED by the affirmativA
to of the City Council of the
City of Baytown this the 7t' day of September, 2017.
APPROVED AS TO FORM:
l
C ACIO RAMIREZ, SR., ty Attorney
TEPHEN H. DONCARLOS,
AN TO
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