Ordinance No. 3,750Published: The Baytown sun 40112 -2
Mon. Jan. 16,
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Tues. Jan. 17, 1984
QRDINXICE N0. 3750
AN ORDINANCE AHEM)NG CI- #APT£R 7,'ft)LDN4f" ARTUXE IQ-
WXTER FENCWG, BY REQUENG COM IMCIAk PROPERTY OWNERS
TO REPAIR AND REBUILD BUFFER FENCES; REPEALMG CON-
FLICTING ORDINANCES; CONTAINING A SAWINGS CLAUSE;
PROVIDING FOR A PENALTY OF AND pROVU)M FOR 7HE
PUBLICATION AND EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOW4,
TEXASt
Section 1: That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 7, "Buildings" Section 7 -30, which shall
read as follows:
Sac. 7 -30. Where required.
Any person desiring a building permit for the
construction of a building or buildings to be used for sty
purpose other than as one or two living units, shall erect a
permanent, opaque fence at least six (61) feet in height
above natural ground as a buffer separation (1) between
such new building or buildings and an existing one or two
living unit structure occupied, or capable of being occupied,
on the date the building permit is sought, or (2) between
such new building or buildings and existing vacant property
which is subject to valid and current one or two family
residential deed restrictions. A buffer fence need not be
constructed if a permanent, opaque fence at least six (61)
feet in height above natural ground is already existing
between the new building to be constructed and the
adjacent residential structure. if such existing fence is
thereafter destroyed or removed, the owner of the
non - residential property shall rebuild arrestors such fence.
It shall be unlawful to fail to comply with this Article, and
a building permit which fails to list required fencing shall
be voidable at the election of the City.
Section 2: That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 7, "Buildings," Section 7 -32, which aha11
'3
read as follows:
Sec. 7 -32. Maintenance required.
Fences required under the provisions of Section
7 -30 shall be maintained in a reasonable manner, to include
replacement of material which becomes decayed or the
repairing of material which requires painting for pre -
36"atlA:'. purperow It Shall t!e an offense for the owm1 -r of
any buffer fence that has been damaged or destroyed to
fail to repair, rebuild, or restore said fence after having
been notified of the need to repair, rebuild, or restore the
fence by the chief building inspector.
40112 -2a
Section 3: All ordinances or parts of ordinances inconsistent with the terms
of this ordinance are hereby repealed, provided however, that such repeal. shall br-
only to the extent of such inconsistency and in al! other re_pects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter
rr covered by this ordinance.
I
Section 4s 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 5: 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 /300 ($200.00) Dollars.
Section 6: 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 the
passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of :,tie City of Baytown, this the 12th day of January, 1984.
A T!JE, ST:
d-L, City Clerk
nnowwnvrr►. _
, Cit r�ttorney