Ordinance No. 2,2797805
ORDINANCE NO. 2279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 7,
"BUILDINGS," BY THE ADDITION OF A NEW ARTICLE IV REQUIRING
SIDEWALKS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
ADMINISTRATION AND ENFORCEMENT; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 7,
"Buildings," by the addition of Article IV, Sidewalks, which
shall read as follows, to -wit:
Article IV. Sidewalks
Sec. 7 -40. Where required.
Any person desiring a building permit for the construction
of a residential structure in a subdivision given final
approval by the Planning Commission after the effective date
of this ordinance shall construct sidewalks meeting the
standards set forth in Chapter 26 of the Code of Ordinances
of the City of Baytown.
Sec. 7 -41. Exceptions.
Exceptions to the requirement for sidewalks may be granted
by the Chief Building Inspector when the building permit is
issued in the following cases:
(a) where a sidewalk along the side of a lot is determined
to be of no useful purpose;
(b) if for any other reason the Chief Building Inspector
determines that a sidewalk would serve no useful
purpose.
Decisions of the Chief Building Inspector may be appealed to
the City Council by any affected party prior to the issuance
of a certificate of occupancy.
Sec. 7 -42. Administration and enforcement.
The Chief Building Inspector is hereby vested with authority
and responsibility for administering the provisions of this
Article with regard to building permit applications, as well
as the enforcement of the provisions contained herein.
IM
W. MU
Certificates of occupancy as contemplated by the Standard
Building Code shall not be issued for any residential structure
until sidewalks required herein are completed.
Sec. 7 -43. Penalty for violation.
Any person who violates any provision or provisions of
this Article shall be subject to the penalty provided by
Sec. 1 -5 of this Code of Ordinances and each violation shall
constitute a separate offense.
Section 2: Repealing Clause: 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are hereby repealed; provided however, that such repeal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 and specifically provided that the
provisions hereof shall not be deemed to be in conflict with
the provisions of Chapter 27, "Subdivisions," relating to
sidewalks and are in addition thereto.
Section 3: Savings Clause: If any provision, exception,
section, 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 uncon-
stitutional, 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: Effective Date: This ordinance shall take
effect 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 (10) days after its passage.
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1- 7807
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 11th day
of August , 1977.
TOM GE NTRY'
ATTEST:
EILREN,..P . HALL, " City Clerk
APPROVED:
NEEL R CH RDSON, City Attorney
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