Ordinance No. 3,675PUBLISHED IN: The Baytown Sun 309Q8_3
Monday, Sept. 12, 1983
Tuesday, Sept. 13, 1983
ORDINANCE N0. 3675
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN DECLARING THE EXISTENCE OR OCCUPANCY OF
STRUCTURES WITHIN THE BROWNWOOD HAZARD AREA A NUISANCE;
PROHIBITING THE REPAIR, ERECTION, AND /OR CONSTRUCTION OF
STRUCTURES WITHIN THE BROWNWOOD HAZARD AREA; PRO-
HIBITING THE OCCUPANCY OF STRUCTURES WITHIN THE
BROWNWOOD HAZARD AREA; CONTAINING A SAVINGS CLAUSE;
REPEALING INCONSISTENT ORDINANCES; CONTAINING A PENALTY
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
#- k#+ E* 3FiFiE- kiE# iFk# of- iF# iE** k#; f###*# jFiFk###** 3F##- iFiFiE# it* iE##- k* iE# itiF##- ktiFti# iE #k-lEiFk #- 1E #�riE * # #- iF #iFiF #iE
WHEREAS, Hurricane Alicia has effectively destroyed all of the structures
within the Brownwood Hazard Area, as this area is described in Ordinance No. 3669;
and
WHEREAS, due to the extremely low elevation within the hazard area,
repeated future flooding with resulting damage will definitely occur; and
WHEREAS, since houses elevated on piers received substantial damage from
Hurricane Alicia, it is likely that even elevated structures would be damaged by
future hurricanes; and
WHEREAS, City Council has determined that any structures built within the
designated area would be a safety hazard, and dangerous for persons to occupy; and
WHEREAS, many of the homeowners within the area have indicated their
intent to relocate outside the area; and
WHEREAS, it has been determined would take in excess of four million
dollars to rehabilitate the water and sewer system within the Brownwood area to a
properly functioning system; and
WHEREAS, the City has in the past prohibited the subdivision of flood -prone
areas where the cost of providing utilities and governmental services would pose an
unreasonable economic burden; and
WHEREAS, allowing the rebuilding of structures within the hazard area would
create an unreasonable economic burden upon the remaining taxpayers of Baytown;
and
WHEREAS, the presence of quicksand, ground and surface water increases the
costs of reconstruction of the public water and sewage systems and renders
doubtfull the advisability of construction upon piers; and
30908 -3a
WHEREAS, it would be in the public interest, and would promote public
safety and the public welfare to prohibit rebuilding of structures within the hazard
area; and
WHEREAS, the property within the said area will still have many useable
open -space purposes that will not be affected by a ban on building permits; and
WHEREAS, the existence or occupancy these highly flood -prone structures in
the Brownwood Hazard Area is declared to be a nuisance, due to the safety and
health hazard these structures pose, due to the unreasonable expense of maintaining
service to them, and due to such other reasons as listed above; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The existence or occupancy of structures within the Brownwood
Hazard Area is declared to be a nuisance.
Section 2: That the repair, erection, and /or construction of structures within
the Brownwood Hazard Area as described in Ordinance No. 3669, is prohibited, and
building permits shall not be issued for the repair, erection, and /or construction of
any structure within said area.
Section 3: The prohibition of occupancy of any structure within the
Brownwood Hazard Area as adopted by Ordinance No. 3669 is extended indefinitely,
and the occupancy of any structure within the Brownwood Hazard Area is hereby
declared unlawful.
Section 4: 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 5: If any provision, 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 6: Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than Two Hundred and No /100 ($200.00) Dollars.
30908 -3b
Section 7: This Ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown, except for the penalty
provision, which shall take effect from and after ten (10) days from its passage by
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.
INTRODUCED, READ, and PASSED by the affirmative: vote of the City
Council of the City of Baytown, this the 8th day of September, 1983.
;.
Mayor Pro Tempore
ATTEST: ]
YND ILGE,De uty: %City Clerk
APPROVED:
ANDALL B. STRONG, City torney