Ordinance No. 13,857ORDINANCE NO. 13,857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN EXTENSION OF THE TEMPORARY
STRUCTURE PERMITS UNTIL FEBRUARY 28, 2019; AUTHORIZING THE
CHIEF BUILDING OFFICIAL TO GRANT NEW TEMPORARY
STRUCTURE PERMITS WITH A TERM NO LONGER THAN
FEBRUARY 28, 2019; AUTHORIZING THE CHIEF BUILDING OFFICIAL
TO EXTEND TEMPORARY STRUCTURE PERMITS UP TO AN
ADDITIONAL SIX (6) MONTHS IF CERTAIN CONDITIONS ARE
SATISFIED; PROVIDING FOR AN APPEAL FROM THE CHIEF BUILDING
OFFICIAL'S DECISION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, many single-family dwelling units were damaged due to Hurricane Harvey;
and
WHEREAS, some of the property owners of such damaged structures have obtained a
temporary structure permit to temporarily place an approved manufactured home or recreational
vehicle on the property during the rehabilitation or reconstruction of the single-family dwelling
unit; and
WHEREAS, such permits are scheduled to expire on August 31, 2018; and
WHEREAS, the City believes that it is in the best interest of the citizens of the City of
Baytown (i) to extend the term of temporary structure permits until February 29, 2019, (ii) to
grant the Chief Building Official the authority to grant extensions of up to six (6) months beyond
March 1, 2019; and (iii) to provide for an appeal process should the Chief Building Official fail
to grant a requested extension; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: Notwithstanding any contrary provisions in the Unified Land
Development Code or Chapter 22 "Civil Emergencies," Article III "Post -Disaster Management,"
Division 1 "Emergency Waiver for Post -Disaster Temporary Accommodations" of the Code of
Ordinances, Baytown, Texas:
a. Extension of Existing Permits. All temporary structure permits in effect on
August 23, 2018, for single-family dwelling units damaged by Hurricane Harvey
are hereby extended through February 28, 2019.
b. Expiration of New Permits. Any temporary structure permits issued after
August 23, 2018, for single-family dwelling units damaged by Hurricane Harvey
shall expire on February 28, 2019. No new temporary structure permits shall be
issued on or after March 1, 2019.
C. Extension authorized by the Chief Building Official. The Chief Building Official
may extend the term of a temporary structure permit, which extension will not
extend beyond August 31, 2019; provided that:
1. The request for an extension is made in writing and received by the Chief
Building Official on or before February 15, 2019;
2. There is a valid city building permit for the repair or reconstruction of the
single-family residential structure that was damaged by Hurricane Harvey;
and
3. A timeline for the completion of the repairs or reconstruction, by which
the permit holder commits to abide, is submitted and approved by the
Chief Building Official.
Should the Chief Building Official deny the requested extension, such denial may
be appealed to the Zoning Board of Adjustment. Such appeal shall (i) be in
writing, (ii) be addressed to the Zoning Board of Adjustment, (iii) be filed within
ten (10) calendar days after the decision is rendered by the Chief Building
Official, and (iv) specify in detail the grounds for the appeal. The decision of the
Chief Building Official may be overturned only upon a finding by the Zoning
Board of Adjustment that such decision amounted to an abuse of discretion.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the
City of Baytown this the 23rd day of August, 2018.
S
A ST:
LETICIA BRYSCH, Ci Clerk
APPROVED AS TO FORM:
of the City Council of the
H. DONCARLOS, Ma
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,JGNACIO RAMIREZ, SR., Ci Attorney
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