Ordinance No. 13,693ORDINANCE NO. 13,693
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR
VARIOUS CITY SERVICES," SUBSECTION (3) "FIRE SERVICES" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 22
"CIVIL EMERGENCIES," ARTICLE III "PRE -DISASTER MANAGEMENT,"
DIVISION 1 "RESIDENTIAL BOARD AND CARE OCCUPANCY,"
SECTION 22-101 "DEFINITIONS," 22-101.5 "STANDARDS," AND
SECTION 22-106 "LOCATION REGULATION" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 46 "HUMAN
RELATIONS," ARTICLE II "FAIR HOUSING" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD SECTION 46-33.5
"REASONABLE ACCOMMODATIONS" WHICH AMENDMENTS ADD
FEES FOR RESIDENTIAL BOARD AND CARE FACILITIES AND ADD
REGULATIONS AND ACCOMMODATIONS FOR PERSONAL CARE
FACILITIES IN RESIDENTIAL ZONING DISTRICTS; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; 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 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2-595 "Fees for various city services," Subsection (3) "Fire services," of
the Code of Ordinances, Baytown, Texas, is hereby amended to add the fees for residential board
and care facilities, which subsection shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec. 2-595. Fees for various city services.
The fees set out below are adopted for the city services outlined herein:
(3) Fire services. Any person applying to the city for a permit or approval for the following
fire services shall pay to the city, prior to the issuance of the permit or obtaining an
approval, the fee as indicated hereinbelow:
Activity Fee
Residential Board and Care Facility Permit (includes one inspection) $150.00
Section 2: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22-101
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to add the
definitions of "personal care home," and "residential zoning district" which definitions shall read
as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE -DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22-101. 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:
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.
Residential zoning district means those zoning districts included in
Section 2.05 of the unified land development code.
Section 3: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22-101.5
"Standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE -DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
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Sec. 22-101.5. Standards.
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.
Section 4: That Chapter 22 "Civil Emergencies," Article III "Pre -Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22-106 "Location
regulation" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE -DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22-106. Location regulation.
(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.
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Section 5: That Chapter 46 "Human Relations," Article H "Fair Housing" of the Code
of Ordinances, Baytown, Texas, is hereby amended by adding a new section to be numbered and
entitled Section 46-33.5 "Reasonable accommodations," which section shall read as follows:
CHAPTER 46. HUMAN RELATIONS
ARTICLE II. FAIR HOUSING
Sec. 46-33.5. Reasonable accommodations.
(a) Generally. The city intends to ensure that all persons with a disability have equal
opportunity to use and enjoy a dwelling by providing such persons with reasonable
accommodations in rules, policies, practices, and procedures promulgated under this
article consistent with the Federal Fair Housing Act and other applicable laws.
(b) Request. The method of submitting a request for reasonable accommodation is as
follows:
(1) A request for a reasonable accommodation may be submitted at any time that the
accommodation may be necessary to ensure equal access to housing.
(2) A request for a reasonable accommodation may be submitted by an individual
with a disability, the person's representative, or a permit holder providing housing
for one or more individuals with disabilities.
(3) A request for a reasonable accommodation must be submitted in writing to the
administrator on the form provided by the administrator.
(4) There is no fee for an application requesting a reasonable accommodation.
(5) If an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the application
process is accessible to the individual.
(c) Application. An applicant shall submit the following information before an application
for a reasonable accommodation is considered to be complete:
(1) The applicant's name, mailing address, street address, telephone number, and
email address;
(2) The applicant's relation to the individual(s) with a disability, if applicable;
(3) The address of the property to which the requested reasonable accommodation
would apply;
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(4) A disability determination by the Social Security Administration or the
Department of Veteran's Affairs, or other substantially equivalent determination,
that substantiates that the individual who would obtain the benefit of the
reasonable accommodation is:
a. An individual with a physical or mental impairment that substantially
limits one or more major life activities;
b. An individual who is regarded as having such an impairment; or
C. An individual with a record of such impairment.
(5) The section(s) of the code from which a reasonable accommodation is being
requested; and
(6) A brief explanation of why the requested accommodation is necessary for the
individual or individuals with disabilities to have equal access to housing.
(d) Administrator determination.
(1) Before making a decision, the administrator may request an inspection of the
residential board and care facility and the property on which it is located. If the
administrator makes such a request, the applicant must make the property, the
facility, and its records available for the inspection within 20 days after the date of
the request or the application is automatically denied.
(2) If the administrator deems it necessary to request additional information from the
applicant consistent with federal and state law, the administrator shall contact the
applicant in writing and specify the additional information that is required. If the
administrator makes such a request, the applicant must provide the additional
information to the administrator within 20 days after the date of the request or the
application is automatically denied.
(3) After receipt of a complete application for a reasonable accommodation and an
inspection of the facility and/or its records, the administrator shall issue a written
ruling that grants, grants with conditions, or denies the requested accommodation,
which decision shall be submitted to the city attorney for legal review to
determine compliance with local, state, and federal laws and regulations prior to
its release to the applicant.
(4) The administrator may impose reasonable conditions on any accommodation
granted consistent with the purpose of this article.
(5) The written decision or conciliation agreement as applicable must be consistent
with the Federal Fair Housing Act, as amended, and based on a consideration of
the following factors:
a. Whether the housing that is the subject of the request will be used by one or
more individuals with a disability;
b. Whether the requested accommodation is necessary to make specific
housing available to one or more individuals with a disability;
C. Whether the requested accommodation would impose an undue financial or
administrative burden on the city;
d. Whether the requested accommodation would require a fundamental
alteration in the nature of city regulations;
e. The potential impacts of the requested accommodation on the applicant, the
other residents of the residential board and care facility, and the
surrounding neighborhood;
f. Whether a failure to grant an accommodation would result in the property
having no economically viable use; and
g. Whether there are alternative accommodations that are reasonable and have
an equal, or less of an impact on the city, applicant, other residents of the
residential board and care facility, and the surrounding neighborhood.
(6) The administrator's written decision must explain in detail the basis of the
decision and notify the applicant of the right to appeal the administrator's decision
to the city council.
(e) Appeal. If the administrator denies the request for a reasonable accommodation, the
applicant may appeal that decision in writing to the city council within ten (10) days of
the administrator's action.
Section 6: 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 not exceeding
FIVE HUNDRED AND NO/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 7: 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 8: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 9: 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
City of Baytown this the 8h day of February, 201 E
ATTEST:
L TICIA BRYSCH, Clerk
APPROVED AS TO FORM:
AGACIO RAMIREZ, SR. ty Attorney
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