Ordinance No. 5,751910131 -2
ORDINANCE NO. 5751
AN ORDINANCE AMENDING CHAPTER 17 1/2, "MOBILE HOMES AND
MOBILE HOME PARKS," OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY AMENDING SECTION 17 1/2 -2(a),
"DEFINITIONS," AND DELETING SECTIONS 17 1/2 -3 AND
17 1/2 -4; AMENDING CHAPTER 7, "BUILDINGS," OF THE CODE
OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD SECTION
7 -10, "BOARD OF ADJUSTMENTS AND APPEALS "; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 17 1/2 -2(a), "Definitions," of
Chapter 17 -1/2, "Mobile Homes, Mobile Home Parks," of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
(a) Board. The Board of Adjustments and Appeals.
(See Sec. 7 -10)
Section 2: That Section 17 1/2 -3, "Creation of mobile home
board; composition; appointment, terms of members; filling of
vacancies "; and Section 17 1/2 -4, "Appeals," of the Code of
Ordinances, City of Baytown, Texas, are hereby deleted and shall
read as follows:
Sec. 17 1/2 -3. Repealed.
Sec. 17 1/2 -4. Repealed.
Section 3: That Chapter 7, "Buildings," of the Code of
Ordinances is hereby amended by adding a section to be numbered
Section 7 -10 which said section reads as follows:
Sec. 7 -10. Board of adjustments and appeals.
(a) Appointment. There is hereby established a board
to be called the Board of Adjustments and Appeals,
which shall consist of five members. The said
Board shall be appointed by the City Council.
(b) Appeals. Whenever the Building Official shall
reject or refuse to approve the placement of
mobile homes, the standards, plans or construction
of mobile home parks; or revoke or suspend any
license or permit; or give a utility disconnect
order; reject or refuse to approve the mode or
manner of construction proposed to be followed or
• materials to be used in the installation or
alteration of a building or structure, or when it
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is claimed that the provisions of this Code do not
apply, or that any equally good or more desirable
form of installation can be employed in any
specific case; or when it is claimed that the true
intent and meaning of the building or mobile home
codes or ordinances, or any of the regulations
thereunder have been misconstrued or incorrectly
interpreted, the owner of such mobile home, mobile
home park, building or structure, or his duly
authorized agent, may appeal from the decision of
the Building Official to the Board of Adjustment
and Appeals. Notice of appeal shall be in writing
to the Board of Adjustments and Appeals. Notice
of appeal shall be in writing and filed within 10
days after the decision is rendered by the
Building official. Appeals shall be on forms
provided by the Building Official.
(c) Decisions.
(1) Variances. The Board of Adjustments and
Appeals,
when so appealed to and after a
hearing,
may vary the application of any
provision of this Code to any particular case
when, in
its opinion, the enforcement thereof
would do
manifest injustice, and would be
contrary
to the spirit and purpose of this
Code or
public interest, or when, in its
opinion the interpretation of the Building
Official
should be modified or reversed.
(2) Action. The Board of Adjustments and Appeals
shall, in every case, reach a decision
without unreasonable or unnecessary delay.
Each decision of the Board of Adjustments and
Appeals shall also include the reasons for
the decision. If a decision of the Board of
Adjustments and Appeals reverses or modifies
a refusal, order, or disallowance of the
Building Official, or varies the application
of any provision of this Code, the Building
official shall immediately take action in
accordance with such decision.
(d) Appeal to City Council. Every decision of the
Board of Adjustments and Appeals may be appealed
to the City Council if filed in writing within 10
days on forms provided by the City Clerk.
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 all other respects this
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ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 3: If any provisions, 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 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 31st day of
January, 1991.
ETT O. HUTTO, Mayor
ATTEST.
t1'i,EEN P. :BALL, City Clerk
I=DALL B. STRONG, C� 'y Attorney
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