Ordinance No. 4,21450813 -1
ORDINANCE NO. 4214
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 7, "BUILDINGS," SECTION
7 -4.1, BUILDING CODE -- AMENDMENTS, BY ESTABLISHING A
REQUIREMENT FOR AN AFFIDAVIT CERTIFYING COMPLIANCE WITH
DEED RESTRICTIONS; REPEALING CONFLICTING ORDINANCES;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 7, "Buildings," Section 7 -4.1, "Building Code
-- Amendments," is hereby amended by adding a provision to read as follows:
Sec. 7 -4.1. Building Code -- Amendments
Section 105.2. "Form" shall be amended by adding the following
subsection, to be numbered 105.2(c).
(c) Each application for a permit shall have
attached thereto a signed affidavit, on a
form furnished for that purpose, which shall
state that the applicant has reviewed the
applicable deed restrictions for the property
on which work is proposed, and that the
proposed construction, resulting structure,
and use will not violate the deed
restrictions applicable to the property. The
applicant shall be required to attach a copy
of the applicable deed restrictions to the
affidavit. A copy of the deed restriction
shall be available at the City Clerk's
office. No building permit shall be approved
unless the signed affidavit and attached deed
restrictions are submitted. If the applicant
is not the owner of the property, the owner
shall be required to sign the affidavit.
Section 2: 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of this ordinance are hereby repealed, provided however, that such repeal shall be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 ail other respects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3: 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.
50813 -1a
Section 4: 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 affirmative vote of the City
Council of the City of Baytown, this the 13th day of August, 1985.
NETT O. HUTTO, Mayor
ATTEST:
E[LEEN P ALL, City Clerk
APPROVED:
f2ANDAL B. STR�C—ttrorney