Ordinance No. 9260F',1D I tJANCI"_`, 1,10. 92()
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 33, AND TO BE EN-
TITLED "URBAN REHAB ILITATIDN STANDARDS", AND CONTAINING PROVISIONS ESTABLISH-
ING MINIMUM STANDARDS GOVERNING TIIE USE, OCCUPANCY, AND MAINTENANCE OF PREMISES,
DWELLINGS, ROOMING HOUSES, UT11LITIES AND FACILITIES AND NONRESIDENTIAL STRUCTURES;
STABLISHING THE URBAN REHABIL-
NIN'' V I D I N G F 0 R
DEFINIMG DUTIES OF THE CHIEF a I
ITATION STANDARDS REVIEW 00Af Pill jURES OF THE BOARD; PRC
THE INSPECTION OF STRUCTURES BY THE CHIEF BUILDING INSPECTOR; PROVIDING FOR THE
PLACARDING OF BUILDiNGS DEEMED UNFIT FOR HUMAN HABITATION; PROVIDING FOR THE
RECORDING OF NOTICES OF INFRACTIONS; DECLARING THAT ALL REGULATIONS OF THE OR-
DINANCES AND FUNCTIONS OF THE ADMINISTRATIVE PERSONNEL OF THE CITY OF BAYTOWN
ARE GOVERNMENTAL AND FOR THE: BENEFIT OF THE GENERAL PUBLIC; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY AID SAVINGS CLAUSE, ANN PROVIDING FOR THE EFFEC -
TIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the Code of Ordinances of the City of Baytown, Texas, is
hereby amended by adding a now chapter, to be numbered Chupter 33, and to be en-
titled "Urban Rehabilitatiun Standards", which shall read au follows, 10 wjt�
CHAFItER' 33
URBAN REHABILITATION STANDARDS
ARTICLE 1. GENERAL PROVISIONS
Section 33-1 Title
This chapter shall be known as Urban Rehabilitation Standards.
Section 33-2 LeWslative Findinq of Fact
It is hereby found and declared that there exists in the City of
Baytown, Texas, structures used for human habilitation and non-
residential purposes, which are or may become in the future, sub-
standard with respect to structure, equipuent, or maintenance, and
further that such conditions together with inadequate provision
for light and air, insufficient protection against fire hazards,
lack of proper heating, insanitary conditions, and overcrowding
constitute a menace to the health, safety, morals, welfare and
reasonable contort of its citizens. It is further found and de-
clared that the existence of such conditions, factors, or charac-
teristics will, if not remedied, create slum and blighted areas re-
quiring large scale clearance, and further that, in the absence of
Mrrective measures, such areas will experience a deterioration of
social values, as curtailment of investment and tax rovenue, and an
impairment of economic values. It is further found and declared
that the establishmont and maintenance of minimum structural and
environmental standards are essential to the prevention of blight
and decay and the safeguarding of public health, safety, morals,
and welfare.
Section 33-3 Pur=e Of Chapter
The purpose of this chapter is to protect the public health, safefy,
morak, and welfare of the citizens of the City Of Bay&wn, Texas,
by establishing minimum standards governing the construction, use,
occupancy, and maintenance of dwellings, dwelling units, rooming
houses, rooming units, premises and all nonresidential structures;
establishing minimum standards governing utilities, facilities, and
other physical components and conditions essential to make dwellings,
dwelling units, rooming houses, rooming units, and all nonresidential
structures and premises safe, sanitary, and fit for human use and
habitation; fixing certain responsibilities and duties of owners,
operators, agents, and occupants of dwellings, dwelling units, room-
ing houses, rooming units, and all other nonresidential structures;
authorizing and establishing procedures for the inspection of dwell-
ings, dwelling units, rooming houses, rooming units, and all nonres-
idential structures, and the condemnation and vacation of those
dwellings, dwelling units, rooming houses, rooming units, and all
nonresidential structures unfit for human use, occupancy, and habita-
tion, and fixing penalties for the violation of the provisions of
this chapter. This chapter is hereby declared to be remedial and
essential to the public interest, and it is intended that this
chapter be liberally construed to effectuate the purposes as stated
above.
Section 33 -4 Definitions
I. Accessory structure: A structure, the use of which is incidental
to that of the main building, and which is attached thereto or located
on the same premises.
2. Approved: Approved by the head of the Inspection Department
under the provisions of this chapter or the rules and regulations
adopted pursuant thereto, or approved by an authority designated by
law or by this ordinance.
3. Basement: The portion of the building that is partly underground
which has more than one -half its height measured from clear floor to
ceiling above the average finished grade of the ground adjoining the
building.
4. Bathroom: Enclosed space containing one or more bathtubs, showers,
or both, and which may also include toilets, lavatories, or fixtures
serving similar purposes.
5. Board: Board shall mean the Urban Rehabilitation Standards Board.
b. Boardinghouse: Boardinghouse shall mean a lodginghouse where
meals are provided by the operator.
7. Building: A combination of any materials, whether portable or
fixed, having a roof to form a structure affording shelter for
persons, animals, or property. The word building shall be construed,
when used herein, as though followed by the words or part of parts
thereof unless the context clearly requires a different meaning.
8. Building Code: Building Code shall mean the current Building
Code of the City of Baytown.
9. Cellar: Lowermost portion of the building partly or totally
underground having half or more of its height, measured from clear
floor to ceiling, below the average finished grade of the adjoining
ground.
10. Chief Building Inspector: The City Official responsible for
enforcement of this chapter.
11. Dwelling: Building containing not more than two dwelling units
occupied exclusively for residential uses. Residential uses shall
include a private garage, domestic storage and customary home occupa-
tions conducted in the dwelling by the occupants, such as the practice
of a profession.
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12. Dwelling premises: Dwelling premises shall mean the land,
dwelling units and auxilliary buildings hereon used or intended
to be used in connection with a dwelling.
13. Dwelling unit: One or more rooms with living, cooking, sani-
tary, and sleeping facilities therein arranged for one family with
whom may reside not more than four (4) lodgers or boarders.
14. Open space area: An area on a lot that is open and unobstructed
to the sky except for the ordinary projections of cornices and eaves.
15. Extermination: The control and elimination of insects, rodents,
and vermin by eliminating their harborage places; by removing or
making inaccessible, materials that may serve as their food; by
poisoning, spraying fumigating, trapping; or by any other approved
means of pest elimination.
16. Gross floor area: The total square foot area of all floors
in a building measured to the outside faces of exterior walls or to
the line of an omitted wall, whichever includes the largest area.
17. Garbage: The animal, vegetable, and mineral wastes resulting
from the handling, preparation, cooking, and consumption of food.
18. Grade: Natural surface of the ground, or surface ground after
completion of any change in contour.
19. Floor Space: The total area of all habitable space.
20. Habitable space: Space occupied by one (1) or more persons for
living, sleeping, eating, or cooking; excluding kitchenettes, bath-
rooms, toilet rooms, laundries, pantries, dressing rooms, storage
spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms,
and basement or cellar recreation rooms.
21. Infestation: The presence, within or contiguous to a dwelling
unit, rooming house, rooming unit, or premises, of insects, rodents,
vermin, or other pests.
22. Kitchen: Space, sixty (60) square feet or more in floor area
with a minimum width of five (5) feet used for cooking or preparation
of food and deemed habitable space.
23. Kitchenette: Space, less than sixty (60) square feet in floor
area used for cooking or preparation of food and not deemed habitable
space.
24. Lodginghouse: Lodginghouse shall mean any dwelling or part
thereof which contains one or more lodging units, and in which space
is occupied or intended to be occupied by five or more persons who
are not husband and wife, son or daughter, mother or father, sister
or brother of the owner or operator.
25. Lodging unit: Lodging unit shall mean any room or group of
rooms which form a single and separate habitable unit within a
lodging or boardinghouse and used or intended to be used for living
and sleeping, but not for cooking.
26. Multiple residence: (a) building containing three (3) or
more dwelling units; (b) building containing one or two dwelling
units and more than four (4) lodgers residing with either one of
such families; (c) a building with one (1) or more sleeping rooms,
other than a one or two family dwelling, used or occupied by per-
manent or transient paying guests or tenants.
27. Nonresidential structure: A structure which is used for other
than residential purposes or a part of such structure or a structure
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part of which is used for other than residential purposes and
where applicable the premises on which such structures are situated.
28. Occupant: Any person over one (1) year of age living, sleeping,
cooking, or eating in or having actual possession of a dwelling unit
or rooming unit.
29. Operator: Any person who has charge, care, or control of a
multiple residence or rooming house in which dwelling units or room-
ing units are let or offered for occupancy.
30. Outside design temperature: Temperature based on the average
of the low temperature recorded in the area, either during the last
twenty -five (25) years or as long as temperature records have been
kept.
31. Owner: Owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, or other person, firm, or corpora-
tion, in control of a building.
32. Plumbing: Plumbing shall mean and include all of the following
supplied facilities, equipment and devices: Gas pipes, water pipes,
toilets, lavatories, sinks, laundry tubs, installed dishwashers,
garbage disposal units, installed clothes- washing machines, catch
basins, wash basins, bathtubs, shower baths, waste, sewer pipes and
sewage system, septic tanks, drains, vents, traps, and any other fuel -
burning or water -using fixtures and appliances together with all connec-
tions to water, waste, and sewer or gas pipes.
33. Potable water: Water duly approved as satisfactory and safe
for drinking.
34. Premises: A lot, plot, or parcel of land including the buildings
or structures thereon.
35. Public sewer: Sewer operated by a public authority, or public
utility and available for public use.
36. Rooming House: A building or part thereof which contains
one (1) or more rooming units and in which space is occupied or in-
tended to be occupied by five (5) or more persons who are not husband
or wife, son or daughter, mother or father, or sister or brother of
the owner or operator.
37. Rooming unit: Any room or group of rooms forming a single
habitable unit used or intended to be used for living or sleeping
but not for cooking purposes.
38. Rubbish: All combustible and noncombustible waste, except
garbage.
39. Sewage: Waste from a flush toilet, bath, sink, lavatory,
dishwashing machine or laundry machine or the water - carried waste
from any other fixture or equipment or machine.
40. Structure: That which is built or constructed, an edifice or
building of any kind, or any piece of work artifically built up or
composed of parts joined together in some definite manner.
Section 33 -5 Applicability to All Structures, Residential and Nonresidential
Every portion of a building or premises, residential and non-
residential, shall comply with the applicable provisions of this
chapter, irrespective of when such building shall have been con-
structed, altered, or repaired; and irrespective of any permits or
licenses which shall have been issued for the use or occupancy of
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the building or premises, for the construction or repair of the
building, or for the installation or repair of equipment or facil-
ities prior to the effective date of this chapter. This chapter
establishes minimum standards for the initial and continued use
and occupancy of all buildings and does not replace or modify
standards otherwise established for the construction, repair, altera-
tion, or use of the building equipment or facilities except as pro-
vided in Section 33 -90.
ARTICLE 11. ENFORCEMENT
Section 33 -6 Duties of the Chief Building Inspector
The Chief Building Inspector is hereby authorized and directed to
enforce any and all provisions of this chapter.
Section 33 -7 Environmental Surveys
The Chief Building Inspector shall have the authority to make or
cause to be made surveys in any area of the city to determine the
general conditions of structures, the extent of deterioration,
lack of facilities, maintenance, unsafe and insanitary conditions,
the extent of overcrowding, land use, and other relevant factors
necessary to implement the purposes of this chapter.
Section 33 -8 Inspection of Structures
The Chief Building Inspector shall be authorized to make or cause
to be made inspections to determine the condition of any structure
and premises in order to safeguard the health, safety, morals, and
welfare of the public. The Chief Building Inspector or his designated
representatives shall be authorized to enter any structure or premises
at any reasonable time.
Section 33 -9 Access to Structures
The owner, operator, agent, or occupant of every structure or
premises shall give personnel authorized in Section 33 -8 access to
such structure and premises for the purpose of such inspection at
any reasonable time.
Section 33 -10 Identification of Personnel
Inspectors and authorized personnel of the Inspection Department
shall be supplied with official identification and upon request
shall exhibit such identification when entering any structure or
premises.
Section 33 -II Notice of Violation
Whenever the Chief Building Inspector determines that there has
been a violation or that there are reasonable grounds to believe
that there has been a violation or alleged violation of this chapter
or any rule or regulation adopted pursuant thereto, he shall give notice
of such violation or alleged violation to the person or persons respon-
sible for such violation. Such notice shall be in writing and shall
specify the alleged violation and shall provide a reasonable time
for compliance.
Section 33 -12 Notice of Determination of Unfit Structure
Whenever the Chief Building Inspector determines that a building is
unfit for human use as set out in this chapter, he shall include
within his notice of violation provided for in Section 33 -II a
statement of his intention to bring the violation before the Urban
Rehabilitation Standards Board for their consideration and decision.
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Section 33 -13 Recording of Notices
Whenever a notice or order has been issued for any infraction of
this chapter, the Chief Building Inspector may file a copy of such
notice or order in the Office of the County Clerk to be filed in
the Deed Records. Such recording shall constitute sufficient
notice of the impending action to any subsequent purchaser, trans-
feree, grantee, mortgagee, or lessee of the property affected.
Section 33 -14 Duties of the Legal Officer
The City Attorney shall upon complaint of the head of the Inspec-
tion Department or upon his own motion, institute appropriate
action to restrain, prevent, enjoin, abate, correct, or remove
such violation and to take such other legal action as is necessary
to carry out the terms and provisions of this chapter. The remedies
provided for herein shall be cumulative and not exclusive and shall
be in addition to any other remedies provided by law; any and all
remedies may be pursued concurrently or consecutively, and the pur-
suit of any remedy shall not be construed as an election or the
waiver of the right to pursue any and all of the others.
ARTICLE III. URBAN REHABILITATION STANDARDS REVIEW BOARD
Section 33 -15 Urban Rehabilitation Standards Review Board
There is hereby created an Urban Rehabilitation Standards Board
hereinafter referred to as the Board which shall be organized,
appointed, and function as follows:
Section 33 -16 Organization of the Board
The Board shall consist of seven (7) members who are residents
and taxpayers of the City of Baytown, each of whom shall be appointed
by the City Council and four (4) of whom shall be appointed for a term
of one (1) year, three (3) of whom shall be appointed for a period
of two (2) years, and each member of said Board shall thereafter be
appointed for a term of two (2) years and each member of said Board
shall serve until his successor shall have been appointed and qual-
ified. All cases to be heard by the Board shall be heard by a minimum
of not less than four (4) members. The City Council shall appoint a
chairman of said Board and the membership thereof shall elect a vice -
chairman. Members shall not be an employee of the City of Baytown and
shall include the following:
(1) A registered architect who has had at least five years experience
in the construction of building and housing.
(2) A mortage loan banker who has been engaged in mortage loan
banking for at least five (5) years.
(3) A homebuilder who has had at least five (5) years experi-
ence in the construction of homes.
(4) A person who is engaged in social or welfare work and having
at least five (5) years experience in public or private case
work.
(5) An ordained minister who has had at least five (5) years ex-
perience in the clergy.
(6) Two citizens who are known to have an interest in community
affairs.
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Ex officio members shall possess no voting privileges and their
only function shall be to render advice to the regular members of
the Board. Ex officio members shall be as follows:
(1) The Director of Public Health of the City of Baytown.
(2) The Fire Marshal of the City of Baytown.
(3) The Chief Building Inspector of the City of Baytown.
Section 33 -17 Jurisdiction of the Board
When in its judgment, the public convenience, health, welfare, safety,
or morals will be substantially served and the appropriate use of the
neighboring property will not be substantially or permanently injured,
the Board may in specific cases after public notice and public hear-
ing and subject to appropriate conditions and safeguards authorize
the following variances and special exceptions to the regulations here-
in established and take action relative to the continuance or discon-
tinuance of blighted, deteriorated, obsolete and substandard structures
within the meaning of this chapter.
(a) To hear and decide appeals where it is alleged there is any
error on any order, requirement, decision, or determination
made by the Chief Inspector or consider on its own motion
plans, surveys and specifications for any proposed repair of
structures coming under the Board's jurisdiction.
(b) Permit the repair of substandard structures subject to certain
requirements pertaining to the structure or premises as may
be deemed necessary to protect adjoining property owners.
(c) Require the vacation of structures deemed to be unfit for
human use or habitation as provided in this chapter.
(d) Require the demolition of structures deemed to be substandard
and unfit for human use and habitation as provided in this
chapter.
(e) A variance may be granted when the literal interpretation of
this chapter would result in an unreasonable or unnecessary
hardship.
Section 33 -18 Operation Procedure
The Board shall adopt rules to govern its proceedings provided that
such rules are not inconsistent with this chapter or State Law.
Meetings of the Board shall be held at the call of the chairman or
in his absence, the vice - chairman or a designated acting chairman
or at such other times as the Board may determine. The Chairman
or acting chairman may administer oath and compel the attendance
of witnesses.
Section 33 -19 Public Meeting
All meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each
member upon each question or if absent or failing to vote indicat-
ing such fact and shall keep a record of its meetings and other
official actions, all of which shall be immediately filed in the
Office of the Chief Building Inspector and shall be a public record.
The Chief Building Inspector or his designated representative shall
act as Secretary to the Board.
Section 33 -20 Appeals to the Board
Appeals to the Board can be taken by any person aggrieved or by an
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officer, department or board of the municipality affected by any
decision of the Chief Building Inspector. Such appeal shall be
taken within ten (10) days after the decision has been rendered
by the Chief Building Inspector by filing in the Inspector's
Office a notice of appeal specifying the grounds thereof. The
Inspector shall cause all documents constituting the records
upon which the action was appealed from to be forwarded to the
Board.
Section 33 -21 Stay of Proceedings
An appeal shall stay all proceedings in furtherence of the action
appealed from unless the Chief Building Inspector certifies to the
satisfaction of the Board that by reason of facts stated in the
certificate, a stay would in his opinion cause imminent peril to
I ife or property.
Section 33 -22 Notice of Intent to Demolish
Whenever the Chief Building Inspector has taken all necessary
steps prescribed under this chapter and has not been successful
in requiring compliance on structures that are unfit for human use
or habitation or that are obsolete, dilapidated, or substandard,
he shall issue a notice of intent to demolish to the Board to-
gether with the owner of such structure as reflected by the City's
current tax roll and any agent, lessee or other occupant of the
structure. The notice of intent to demolish shall cause the
Board to make an examination of the case and render a decision.
If the Board upholds the intent to demolish by the Chief Building
Inspector, the Board shall issue an order to demolish, instructing
the Chief Building Inspector to advertise for bids for demolition
of the substandard structure or structures.
Section 33 -23 Notice of Hearing
The Board shall hold a public hearing on all appeals made to it
and written notice of such public hearing shall be sent to the
applicant and others who are owners of real property lying within
two hundred (200) feet of the property on which the appeal is made.
Such notice shall be given not less than ten (10) days before the
date set for hearing to all such owners who have rendered their
said property for city taxes as the ownership appears on the last
city tax roll. Such notice may be served by depositing the same
properly addressed and postage paid in the United States Post
Office. Notice shall also be given by publishing the same in the
official publication of the City of Baytown at least ten (10) days
prior to the date set for the hearing which notice shall state
the time and place of such hearings.
Section 33 -24 Hearings
At a public hearing relative to any appeal, any interested party
may appear in person, by his agent or by his attorney. The burden
of proof shall be on the applicant to establish the necessary facts
to the satisfaction of the Board that the Order of the Chief In-
spector should be set aside or qualified.
Section 33 -25 Recover of Demolition Costs
The expenses of demolition incurred pursuant to Section 33 -22 of
this chapter shall be paid by the owner of the affected premises.
The Inspection Department shall keep an accurate record of the
demolition costs along with a record of any salvage recovered
and forward this information to the Office of the Tax Collector
of the City of Baytown for his collection. The entire cost of
demolition, less any salvage recovery shall be levied, assessed
and collected by the Tax Office, on or before the date the ad valorem
taxes are due and failure to so pay by the property owner will con-
stitute a misdemeanor. In the event that such charges are not paid
when due, the collector of taxes of the City of Baytown will file
with the County Clerk of Harris County, Texas, a sworn statement
by the Chief Building Inspector setting out the expenses that the
City of Baytown has incurred pursuant to Section 33 -22 of this
chapter, and the City of Baytown shall thereby perfect a privileged
lien on the property involved, second only to tax liens and liens
for street improvements, together with six (6%) percent interest
from the date such payment was due.
ARTICLE IV. SPACE, OCCUPANCY, STRUCTURAL, MECHANICAL AND FIRE PROTECTION
REQUIREMENTS
The following requirements shall apply to all structures, whether
residential or nonresidential, except where the same are expressly
limited to dwelling units.
Section 33 -26 Land Area Requirements
All land areas, improved and unimproved, shall be reasonably free
from holes and excavations, sharp protrusions, and other objects
or conditions which might be a potential cause of personal injury.
Walks, steps, and driveways that contain holes or other hazards
shall be filled, repaired or replaced as the need indicates. All
wells, cesspools, or cisterns shall be securely closed. Trees,
limbs, shrubs or other plant life that constitute a hazard shall
be removed.
Section 33 -27 Care of Premises
All land areas shall be kept free from organic and inorganic
material that might become a health, accident, or fire hazard
as defined herein. All land areas, improved and unimproved, shall
be kept reasonably clean at all times. Containers with covers
shall be provided for the temporary storage of garbage and rubbish.
Materials of an inflammable nature shall be safely stored as pro-
vided in the Fire Code or removed from the premises. It shall be
unlawful for the owner or occupant of a residential building,
structure or property to utilize the premises of such residential
property for the open storage of any abandoned motor vehicle, ice
box, refrigerator, stove, glass, building material, building
rubbish or similar items. It shall be the duty and responsibility
of every such owner or occupant to keep the premises of such resi-
dential property clean and to remove from the premises all such
abandoned items.
NOTE: For the purposes of this section, an abandoned motor vehicle
is defined as one that is in a state of disrepair and incapable of
being moved under its own power.
Section 33 -28 Discharge of Sewage
Sewage must be discharged into a public sewer system except as
provided in Section 33 -54 of this chapter. Discharge of inade-
quately treated sewage shall not be permitted upon the surface of
the ground or into natural or artificial surface drainageways.
Section 33 -29 Storm Water Drainage
Storm water shall be properly drained to prevent recurrent or
excessive ponding or the entrance of water into any basement or
cellar. The ground surrounding the structure shall, when practical,
be graded away from the building and foundation. Conductors or
drain pipes, where utilized, shall function properly. Storm water
sewers, dry wells, or other satisfactory drainage systems shall
be used where required by the Building Code.
Section 33 -30 Weeds and Plant Growth
Exterior property areas shall be kept cut or mowed to prevent
weeds, brush, or other plant growth becoming a health or fire
hazard. Weeds, brush and other plant growth shall be cut or
mowed on all exterior property areas whenever such weeds, brush
or other plant growth are allowed to grow to an extent determined
to be a fire or health hazard. All sidewalks, driveways, and
entrances used for ingress and egress shall be free from weeds,
brush, overhanging or protruding limbs of trees and other plant
growth. Any limbs of trees that have become rotted or decayed to
the point of being dangerous to persons shall be removed.
Section 33 -31 Insect and Rodent Harborage
All land areas shall be kept reasonably free from sources of
insect, vermin and rodent breeding, harborage, and infestation.
Where insect, rodent, or vermin breeding areas, harborage or in-
festation exist, such areas, harborage, or infestation shall be
eliminated.
Section 33 -32 Domestic Animals and Pets
Domestic animals and pets shall not be kept on any premises in such
manner so as to create insanitary conditions or constitute a nui-
sance. Domestic animals and pets shall be maintained in accordance
with applicable regulations of the City of Baytown. Insanitary con-
ditions, inappropriate types of pets or animals and excessive numbers
of same constitute conditions which may be considered a nuisance under
this section.
Section 33 -33 Depreciation of Surrounding Property
All land areas shall be so maintained as not to cause a substantial
depreciation in property values in the immediate neighborhood. Ex-
terior property areas shall be kept free from objects, materials,
and conditions which will have an adverse effect on adjacent premises
by reducing the desirability of living conditions in the immediate
neighborhood and causing a substantial depreciation in property values.
Section 33 -34 Structural Requirements
Requirements herein shall pertain to both accessory and primary
structures. Accessory structures and fences located on all land
areas shall be kept in good repair, free from health, fire, and
accident hazards and vermin, insect, and rodent harborage. Accessory
structures shall be kept structurally sound and in good repair or re-
moved from the premises. Effective rodent proofing or extermination
must be done, where necessary, in these structures. The exterior of
such structures shall be made weather - resistant through the use of
decay- resistant materials or the application of paint or other pre-
servatives. Privies, except as provided in Section 33 -55, shall be
removed from the premises or demolished.
Section 33 -35 Foundation Walls
The foundation and walls of every structure shall be structurally
sound and shall be maintained in good repair. Foundations and walls
shall be considered to be in good repair and structurally sound if
found free from damage or defects and capable of bearing imposed
loads as required by the Building Code, provided that whenever hollow
masonry blocks are used as supporting piers, such piers shall be an-
chored to the concrete footing with a 5/8" steel dowel and the hollow
pier filled with concrete.
Section 33 -36 Stairs, Porches, Landings, and Railings
The stairs, porches, landings, and railings affixed to the exterior
of every structure shall be kept in good repair and structurally
sound. Railings shall be provided for stairs and balconies and, where
necessary, for porches and accessible roofs. Stairs and porches shall
be considered to be in good repair and structurally sound when found
to be free of holes, cracks, and capable of supporting imposed loads.
Properly balustraded railings shall be provided when there is clear
danger of accident or personal injury and must be capable of bearing
normally imposed loads.
Section 33 -37 Weather and Water -tight
Every structure shall be so maintained that it will be weather and
water - tight. Exterior walls, roofs, and all openings around doors,
windows, chimneys, and all other parts of the structure shall be so
maintained as to keep water from entering the structure and to pre-
vent undue heat loss. Damaged materials must be repaired or replaced.
All parts of the structure that show evidence of dry rot or deteriora-
tion shall be replaced and refinished to be in conformity with the
rest of the structure.
Section 33 -38 Protective Coating for Wood Surfaces
All exterior wood surfaces of a structure that are not of a species
inherently resistant to decay shall be treated periodically with a
protective coating or other preservative to prevent structural dete-
rioration. Exterior wood surfaces shall be adequately protected
against deterioration through periodic application of approved pro-
tective coatings.
Section 33 -39 Entablatures, Cornices, Belt Course
All cornices, entablatures, belt courses, corbels, terracotta trim,
wall facings, and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
Section 33 -40 Chimneys
All chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe, sound, and in good repair,
all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather -
coating material such as paint or similar surface treatment.
Section 33 -41 Vermin and Rodent Free
The exterior of every structure shall be so maintained as to be
vermin and rodent free.
Section 33 -42 Screening Required
Every window, door, and other openings to outdoor space in the
exterior of every structure shall be effectively protected against
the entrance of insects. Every opening except bulkheads used for
ingress and egress from a structure used for human habitation directly
to or from outdoor space shall be supplied with either a self -clos-
ing device or a self - closing screen door and every window in every
habitable room, bathroom, toilet room or compartment and every
other opening to outdoor space shall be equipped with approved
screening, provided that such screening is necessary for effective
protection against insects.
Section 33 -43 Structure Interior
Cellars, basement, and crawl spaces in every structure shall be
reasonably free from dampness to prevent conditions conducive to
decay or deterioration of the structure. Cross ventilation shall
be provided in every basement, cellar and crawl space consisting
of at least one (1) window, opening or vent located near each
corner of the structure. The aggregate ventilation area shall not be
less than one (1) square foot for every one hundred (100) lineal
feet of wall space or one (1) percent of the total area of the
enclosed space, whichever is greater.
Section 33 -44 Structural Members
Supporting structural members of every structure shall be struc-
turally sound and capable of bearing the load safely. Supporting
structural members shall be considered to be structurally sound if
such members are capable of bearing imposed loads safely and if
there is no evidence of deterioration.
Section 33 -45 Chimneys, Flues, and Vents
Chimneys and all flue and vent attachments shall be structurally
sound and free from defect, performing the function for which they
were designed and are used. Chimneys, flues, gas vents, or other
draft - producing equipment shall provide sufficient draft to develop
the rated output of the connected equipment. Chimneys, flue linings,
where required, flues, gas vents, and their supports shall be struc-
turally safe, durable, smoke -tight and capable of withstanding the
action of flue gases.
Section 33 -46 Stairs, Landings, Steps, and Railings
Interior stairs of every structure shall be structurally sound and
free from defects. Railings shall be provided for stairs, balconies,
landings, and stairwells. Treads or risers that evidence excessive
wear or are broken, warped, or loose shall be repaired. Stairs
shall be securely fastened to support normally imposed loads.
Properly balustraded railings capable of bearing normally imposed
loads shall be placed on the open portions of stairs, balconies,
landings, and stairwells. Stairs in multiple residences shall
comply with applicable sections of the Building Code.
Section 33 -47 Floors, Walls, and Ceilings
Floors, walls, and ceilings of every structure shall be structurally
sound and maintained in a clean and sanitary condition. Same shall
be free from cracks, breaks, loose plaster, and similar conditions.
Floors shall be considered to be structurally sound where capable
of safely bearing imposed loads and shall be maintained in a clean
and sanitary condition. Walls and ceilings shall be considered to
be structurally sound and in good repair when clean, free from
cracks, breaks, loose plaster, and similar conditions.
Section 33 -48 Bathroom Floors
Bathroom, shower room, and toilet room or compartment floors of
every dwelling unit shall be water resistant. The floor surface of
every bathroom, shower room, and toilet room or compartment shall
be constructed or covered with a moisture resistant finish or material.
Such floors shall be kept in a dry, clean, and sanitary condition.
Section 33 -49 Free from Rubbish and Garbage
The interior of every structure shall be maintained free from
rubbish and garbage and other refuse that might become a health,
accident, or fire hazard. Containers with tight- fitting covers
shall be provided for the temporary storage of rubbish, garbage,
and other refuse. Disposal of garbage by garbage disposal units
shall be in accordance with all applicable regulations of the City
of Baytown. Materials of an inflammable nature shall be stored so
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as to comply with the Fire Code or removed from the premises.
Section 33 -50 Insect and Rodent Harborage
The interior of every structure shall be free from insect, rodent,
and vermin infestation. Where insect, rodent or vermin infestation,
harborage or breeding areas exist, such areas, harborage or infesta-
tion shall be eliminated. Articles of value shall be stored in such
a manner as not to constitute pestilential harborage.
Section 33 -51 Basic Facilities
Every dwelling unit shall be supplied with a potable water supply.
There shall be adequate water supply and pressure at all installed
hot and cold water outlets. All required facilities in every dwell-
ing unit and rooming house shall be connected to a source of potable
water. The supply and pressure shall be sufficient at all times
for the operation of all installed plumbing fixtures and equipment.
Where water is not supplied from a public source, the source and
system utilized shall be approved by responsible authorities in the
City of Baytown, Texas.
Section 33 -52 Hot Water
Every dwelling unit shall have an adequate supply of hot water,
properly connected to plumbing fixtures requiring hot water.
Water heating equipment shall be installed according to the appli-
cable regulations of the City of Baytown. Such equipment shall be
properly maintained and capable of delivering water at a constant
minimum temperature of 120 °F. at all times at each hot water outlet.
Section 33 -53 Plumbing Fixtures Required
Every dwelling unit shall have the following plumbing fixtures
properly installed and maintained: kitchen sink, toilet, bathtub
or shower, and lavatory. Kitchen sinks, bathtubs, showers, and
lavatories shall be properly connected to both hot and cold water
lines. All nonresidential structures shall have plumbing installed
and maintained to all the requirements of the Plumbing Code per-
taining to the installation and maintenance of such items.
Section 33 -54 Plumbing Shall Be Connected to Sewer Lines
All plumbing fixtures installed within a dwelling unit shall be
connected to sewer lines that discharge into a public sewerage
system if such line lies within three hundred (300) feet or other
approved means of disposal. Plumbing fixtures not connected to
a public sewerage system shall be connected to an approved sewerage
disposal system. Such private sewage disposal systems shall be
constructed and repairs or additions made in accordance with the
applicable regulations of the City of Baytown, Texas. No sewage
from a plumbing system shall be discharged into the waters of the
State of Texas unless specially approved by the authority having
jurisdiction in accordance with the laws of the State of Texas.
Section 33 -55 Privies Not Permitted
No privy or dry closet shall be constructed or maintained in the
City of Baytown without the written approval of the City Health
Officer or his duly authorized representative.
Section 33 -56 Heating Facilities
Every structure occupied during normal heating periods shall have
heating facilities capable of maintaining a minimum inside tempera-
ture of 70 °F. based on outside design temperatures in all habitable
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rooms, bathrooms, and toilet and shower rooms or compartments.
Section 33 -57 Electrical Service
Every structure shall be provided with electrical service if
available within three hundred (300) feet.
Section 33 -58 Cooking Facilities
Where cooking facilities are provided, same shall meet the require-
ments of the Building Code, State Health laws, and the Electrical
Code.
Section 33 -59 Refrigerated Space
In every structure where perishable foods are kept, refrigerated
space for their storage or appropriate utility connections shall
be provided. Where refrigeration equipment is not provided, adequate
space and utility connections shall be provided.
Section 33 -60 Means of Egress
Every dwelling unit and rooming unit shall have exits in accordance
with the Building Code and the Fire Code. Exits which cannot be
cut off in case of fire shall be regarded as a minimum essential.
These exits shall be of such nature that can safely be used by women,
children, the infirm, aged, and physically handicapped when necessary.
Section 33 -61 Installation and Maintenance
Every water line, plumbing fixture, and drain installed in a structure
shall be properly installed, connected, and maintained and capable
of performing the function for which it was designed. Water lines,
plumbing fixtures, and drains shall be maintained in working order
and must be kept free from obstructions, leaks, and defects; any re-
pairs and replacement of such fixtures must be made in accordance
with the Plumbing Code of the City of Baytown, Texas. Every stack,
waste line, and sewer line located in a structure and every connec-
ing sewer line shall be so installed and maintained as to function
properly and not be a source of structural deterioration or a health
hazard. All stacks, waste lines, and sewer lines shall be kept free
from obstructions, leaks, and defects. All necessary repairs and
replacements shall be made in accordance with the Plumbing Code
and other applicable regulations of the City of Baytown, Texas.
Section 33 -62 Installation of Heating Equipment
Every heating, cooking, and water - heating device located in a
structure shall be properly installed, connected, and capable of
performing the function for which it was designed. All heating,
cooking, and water - heating equipment burning solid fuels shall be
rigidly connected to a chimney or flue and such heating equipment
burning liquid or gaseous fuels shall be rigidly connected to a
supply line, and where required, to a chimney, flue, or vent.
Heating equipment shall be installed in a manner which will avoid
the dangerous concentration of fumes and gases. Heating equipment
shall not be forced to operate beyond the safe capacity for which
it was designed. Where necessary, exposed heating risers, heating
ducts, and hot water lines shall be covered with an insulating
material or guard. Repairs and installations shall be made in
accordance with the applicable regulations of the City of Baytown,
Texas.
Section 33 -63 Maintenance and Operation of Heating Equipment
Every heating, cooking, and water - heating device shall be so
maintained and operated as to be free from fire, health, and
accident hazards. All fuel- burning equipment, components, and
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accessories shal I be free from leaks and obstructions and function
proparly. Repairs shal I be made in accordance ca On the appl i crab le
loca "regulations of the City of Baytown, Texan.
Secticn 53-64 Staraae of Fuels
All Wels stored on the premises for the operation of heat-producing
equipment shall be stored in as safe manner. Fuels shall bo stored
so —as to comply with the State Law and provisions of the .ire Code.
No fuel, oil, gasoline, or highly inflanmable Wei shall be stored
within any structure used for human habitation, except in a manner
approved by the Fire Department of the City of Baytown, Taxas.
Section 33-65 Maintenance of Electrical Wirinq and Devices
klectrical wiring and devices shall be so designod, insialled, and
maintained as not to be a potential source of ignition of combustible
material or an electrical hazard. The rating or setting of over-
current devices shall not be in excess of the carrying capacity of
the circuit conductor. Defective or unsafe wiring and equipmeni,
shall be reoalrod or replaced. No temporary wiring shall be in-
slallod as 1 permanent method of wiring. Ex tans lon cards shall be
run directly from portable electric fixtures or appliances to out-
leis and shall not lie under floor covering or extend through door-
ways, fransoms or other openings through structural elamants. When
the capacity of circuits within as building is insufficient to carry
the load imposed by normal use of appliances, addilional circuits
shall be provided or the use of excessive apollances discontinued.
ARTICLE V. LODGING AND BOARDING HOUSE REQUIREMENTS
In addillon to the requirements established by Article IV hereof which
apply to all structures, the following additional requirements apply
lo every boarding house, lodging house and lodging unit.
Section 33-66 Lodging and Boardinf,,'jhouse, Rer,'Juliren]WIls
Whenever in this Article V the term "dwelling" is used, it shall be
construed to mean lodging or boardinghouse.
Section 33-67 AuDlication for Occupancy Record Cards
Every owner or operator of a lodging or boardinghouse shall make
application for an occupancy record card at the Chlol InsDector's
Office an as form provided by the Inspection Department . A fee of
ton dollars to cover cost of inspection must accompany each applica-
tion. Upon receipt of an application for an occupancy record card,
an inspection shall be made of the lodging or rooming housa for which
such application has been made and if the lodging or boardinghouse
complies with all of the provisions o! this Chapter, then the Chief
Inspector shall issue an occupancy record card fo the applicant.
Occupancy record cards shall be renewed annually and application
for renewal shall be made during the two-month period preceding
the anniversary date ns.f the previously issued occupancy record
card. Occupancy record cards shall designate the maximum number
of per who may occupy as lodging or boardinghouse and auch
lodging unit therein. Occupancy record cards shall designate the
room number assigned to each unit. The operator shall display the
occupancy record card at all times in an conspicuous place near the
main entrance of the lodging or boardinghouse. No person shall
altor, tamper, or remove any occupancy record card from the lodging
or boardinghouse without written permission of the Chief Inspector
who shall keep a duplicate of the occupancy record card in his files.
All rooming and boardingnouses within the city must have boon issued
an occupancy record card by January 1, 1969, and after January 1, 1969,
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no person shall own or operate a lodging or boardinghouse which
has not been issued an occupancy record card.
Section 33 -68 Numbering of Units
The owner or operator of a lodging or boardinghouse containing
six or more lodging units within such structure shall place or
cause to be placed a number on the outside of the main door of
each unit. The number on the outside of the door to the lodging
unit shall correspond to the number for that unit designated on
the occupancy record card for that particular Iodginghouse or
boardinghouse. No two lodging units shall bear the same number.
The maximum number of persons who may occupy the lodging unit
shall be posted in each such unit and shall not be changed with-
out the written approval of the Chief Building Inspector.
Section 33 -69 Flush Toilet and Lavatory Basin
Every lodging and boardinghouse shall be supplied with at least
one approved flush toilet and lavatory basin in good working
condition for each eight persons or fraction thereof residing
within the lodging or boardinghouse. In counting such persons,
members of the operator's family who share the use of such sanitary
facilities shall be included; but the occupants of any lodging units
that are otherwise provided with an approved flush toilet and lava-
tory basin shall be excluded. All such sanitary facilities shall
be so located within the lodging or boardinghouse as to be directly
accessible to all persons sharing such facilities without entering
another lodging unit.
Section 33 -70 Bathtub and Shower Bath
Every lodging and boardinghouse shall be supplied with at least
one bathtub or shower bath in good working condition for each eight
persons or fraction thereof residing within a lodging or boardinghouse.
In counting such persons, members of the operator's family who share
the use of such sanitary facilities shall be included but occupants
of any lodging units who are otherwise provided with an approved bath-
tub or shower bath shall be excluded. All such sanitary facilities
shall be so located within the lodging or boardinghouse as to be
directly accessible to all persons sharing such facilities without
entering another lodging unit.
Section 33 -71 Water and Sewer Connections
Every kitchen sink, lavatory, basin, flush toilet, and bathtub or
shower bath required under the provisions of this section shall be
properly connected to a water line of the city, or to a system approved
by the City. All lodging and boardinghouse premises shall be connected
to a sewer line of the city if such sewer line lies within three
hundred (300) feet of the lodging or boardinghouse premises. If a
city sewer line does not lie within three hundred (300) feet of the
lodging or boardinghouse premises, the kitchen sink, lavatory, basin,
flush toilet, and bathtub or shower bath shall be connected through
an approved sewer connection to an adequate septic tank or other
waste disposal system approved by the City Health Department.
Section 33 -72 Hot and Cold Water
Every kitchen sink, lavatory, basin, and bathtub or shower bath re-
quired under this Article shall be supplied with hot and cold water
properly connected as required in the preceding paragraph.
Section 33 -73 Impervious Flooring
The floor surface of every bathroom, toilet room or compartment
shall be constructed of material impervious to water; or if
sm
constructed of material not impervious to water, it shall be
covered with fitted linoleum or painted or varnished so as to
make the floor surface reasonably impervious to water. All such
floors shall be kept in a dry, clean and sanitary condition by
the operator.
Section 33 -74 Rubbish and Garbage Storage and Disposal
The operator shall be responsible for the supply, maintenance and
cleanliness of storage containers as required by Section 33 -27
herein. The occupant shall be responsible for the removal of all
rubbish and garbage from the lodging unit and the storage of such
water in a clean, nonfire hazardous and sanitary manner by placing
it in the required containers.
Section 33 -75 Heating Facilities
Every lodginghouse, boardinghouse, and lodginghouse unit shall be
supplied heating facilities which bear the seal of approval of an
approved, nationally recognized testing agency and which heating
facilities are used in the manner for which they were designed and
approved. Such heating facilities shall be installed in compliance
with the ordinances of the city and the provisions of this chapter,
and shall be capable of safely and adequately heating all habitable
rooms, bathrooms, and toilet rooms or compartments within its walls
to a temperature of at least seventy degrees Fahrenheit at three
feet above the floor level in the center of the room when the outside
temperature is thirty degrees Fahrenheit. Doors, windows, and other
parts of the lodginghouse, boardinghouse, or lodging unit shall be
constructed and maintained so as to prevent abnormal heat losses.
Section 33 -76 Screening of Vents
Every opening which is used for ventilation purposes from a lodging -
house, boardinghouse, and lodging unit directly to or from outdoor
space shall be equipped with screening which shall be provided by
the owner. All screening required under this paragraph shall not be
less than sixteen meshes to the inch and shall be installed and main-
tained in a manner affording complete protection against entry in
the lodginghouse, boardinghouse, or lodging unit of flies, mosquitoes,
and insects.
Section 33 -77 Clean and Sanitary Maintenance
The operator shall be responsible for the clean, nonfire hazardous,
n and sanitary maintenance of all walls, floors, and ceilings in every
t lodging unit and every common area of the lodging or boardinghouse.
Section 33 -78 Extermination
The operator shall be responsible for the extermination of rodents,
vermin, or other pests within every portion of the lodging or boarding-
house and in any portion of the structure that is leased or occupied
by him; provided, however, that whenever infestation also occurs in
any other portion of the structure, or whenever infestation is caused
by failure of the owner to carry out the provisions of this chapter,
extermination shall be the responsibility of the owner.
Section 33 -79 Maintenance of Plumbing and Equipment
The operator shall be responsible for the exercise of proper care
and cleanliness in the use and operation of all plumbing fixtures,
sanitary facilities, appliances and equipment. The owner of the
above plumbing fixtures, sanitary facilities, appliances and equip-
ment shall be responsible for the maintenance thereof in absence of
written agreement to the contrary.
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Section 33 -80 Sleeping Space Per Person
Every room in any lodging unit occupied for sleeping purposes by
one person shall contain at least seventy square feet of floor
space, exclusive of hall and closet space, for each occupant thereof.
Section 33 -81 Cooking Prohibited
No cooking shall be permitted in any lodging unit.
Section 33 -82 Means of Egress
Each story of a lodging or boardinghouse shall have two approved and
unobstructed means of egress and there shall be unobstructed access
from each lodging unit to the means of egress.
ARTICLE VI. SUBSTANDARD BUILDINGS
Section 33 -83 Designation of Unfit Structures
Any structure having any of the defects found in Sections 33 -83.1,
33 -83.2, and 33 -83.3 are deemed unfit for human habitation or-use
and shall be so placarded.
33 -83.1 The structure lacks illumination, ventilation, sanita-
tion, heat, or other facilities adequate to protect the health and
safety of the occupants or the public.
33 -83.2 The structure is damaged, decayed, dilapidated, insanitary,
unsafe, or vermin- infested in such a manner as to create a serious
hazard to the health and safety of the occupants or the public.
33 -83.3 The structure, because of the location, general condi-
tions, state of the premises, or number of occupants, is so insani-
tary, unsafe, overcrowded, or otherwise detrimental to health and
safety that it creates a serious hazard to the occupants or the
public.
Section 33 -84 Removal of Placard
No person shall deface or remove the placard from any structure
which has been designated as unfit for human habitation until written
approval is secured from the Chief Building Inspector.
Section 33 -85 Demolition as Compliance
Any owner of a building receiving a notice of violation stating
that such building does not comply with the provisions of this
chapter may demolish the building and such action shall be deemed
compliance.
Section 33 -86 Vacated Dwelling Made Secure
The owner, agent, or operator of any structure which has been de-
signated as unfit for human habitation or use and vacated pursuant
to any order by the Urban Rehabilitation Standards Board shall make
such structure safe and secure in whatever manner the Board may re-
quire. Any vacant building open at the doors and windows, if un-
guarded, shall be deemed dangerous to human life and a nuisance
within the meaning of these provisions.
1=
ARTICLE VII. MISCELLANEOUS PROVISIONS
Section 33 -87 Existing Remedies
Nothing in this chapter shall be deemed to abolish or impair ex-
isting remedies of the City of Baytown, Texas, or its officers or
agencies relative to the removal or demolition of any buildings
which are deemed to be dangerous, unsafe, or insanitary.
Section 33 -88 Applicability of the Building Code
Whenever the provisions of this chapter require the construction,
installation, alteration, or repair of a dwelling, lodging or
boardinghouse or of its facilities, utilities, or equipment, the
required work shall be done in full compliance with the applicable
provisions of the Building Code, or as otherwise required herein.
Section 33 -89 Authority to Act on Nuisances
Nothing in this chapter shall be deemed to abolish or impair any
existing remedies of the city or its officers or agencies relating
to the removal or abatement of nuisances or to the removal or demoli-
tion of any buildings which are deemed to be dangerous, unsafe, or
insanitary.
Section 33 -90 Conflicts With Other Ordinances, etc.
In any case where a provision of this chapter is found to be in
conflict with a provision of any zoning, building, fire, safety, or
health ordinance or any regulation adopted pursuant thereto, or any
other ordinance, or code, or regulation of the city, the provision
which establishes the higher standard for the promotion of the health
and safety of the people shall prevail.
Section 33 -91 Issuance of Permits or Licenses to Conform to This Chapter
All departments, officials, and employees of the city which have
the duty or authority to issue permits or licenses in regard to the
construction, installation, repair, use, or occupancy of dwellings,
dwelling premises, or dwelling equipment or facilities shall conform
to the provisions of this Chapter. Any permit or license issued in
conflict with the provisions of this Chapter, is voidable at the
option of the City.
Section 33 -92 Shift of Responsibilities Between Owner, Operator, and
Occupant
Nothing in this chapter shall prevent an owner, operator, or occupant
from contracting with regard to the responsibility as between them-
selves of complying with this Chapter, provided that the primary and
final responsibility from the city's standpoint in every case shall
remain upon the person herein designated.
Section 33 -93 Prosecution of Existing Violations
This chapter shall not affect violations of any other ordinances,
codes, or regulations of the city existing prior to the effective
date of this chapter, and such violations shall be governed and shall
continue to be punishable to the full extent of the law under the
provisions of these ordinances, codes, or regulations in effect at
the time the violation was committed.
Section 33 -94 Administrative Relationships
All of the regulations provided in this Code and the functions and
duties of all officers, agents, servants or employees of the City of
Baytown in the enforcement hereof are hereby declared to be governmental
and for the benefit of the general public. No officer, agent, or
sm
employee of the City of Baytown shall render himself per sonalky
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the dischargo of his
duties under this chapTer. Any suit brought against any officer,
agent, or employee of tho City of Baytown as a result of any act
required or permitted in the discharge of his duties under this
chapter shall be defended by the City Attorney until the final
determination of the proceedings therein.
Section 33-95 Penalties
Any person who knowingly and willfully violates any provision of
this chapter shall upon conviction be subject to as fine of not more
than two hundred dollars ($200). Each day that such violation is
permitted to continua Wall constitute a separate offunse. The term,
person, as used in this section shall include the owner, occupant,
mortgagee, or vendee in possession, assignee or rents, receiver, ex-
ecutor, trustee, lessee, agant, or any other person, firm, or corpora-
tion directly or indirectly in control of a building or part thereof.
Section 2: Qvings Clause
If any provision, section, exception, subsection, paragraph, sentence,
tION,, clause or phrase of this ordinance or the application of same to any
person or set of circumstances, shall for any reason be held uncon-
stitutional, or void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their appli-
cation to other persons ur sets of circumstances and ra this end all
provisions of this ordinance are declared to be soverablera,
Section 3: Repealing Clause
All ordinances or parts of ordinances inconsistent with the tenns, M
this ordinance are hereby repealed; provided, however, that such re-
peal shall be only to the extent of such inconsistency and in all
other respects this or` dinanca shall be cumulative of other ordinances
regulating and governing tho subject matter covered by this ordinance.
Section 4: Effective Date
This ordinance shall take offect from and after ten (10) days after
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 days after its passage.
INTRODUCED, READ und PASSED by the affirmative vote of a
majority of the City Council of the City of Baytown, this the 22nd
day of August, 1968.
I IV, 6e"
Seaborn Cravey, Mayor
ATTEST:
Edna Oliver-, (.'J
ANIR'OVED.
C i [7,
fat
Ham R. Laughlin, " )ja f 'I� J '�l 0 Y
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