Ordinance No. 5,948910801 -8
ORDINANCE NO. 5948
AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS ", OF THE CODE
OF ORDINANCES, CITY OF BAYTOWN, TEXAS BY AMENDING
SECTION 7 -10, "BOARD OF ADJUSTMENTS AND APPEALS ", AND
AMENDING CHAPTER 16 1/2, "MECHANICAL CODE ", OF THE CODE
OF ORDINANCES, CITY OF BAYTOWN, TEXAS BY AMENDING
SECTION 16 1/2 - 2 "MECHANICAL BOARD - CREATION,
MEMBERSHIP, APPOINTMENT" AND DELETING SECTION 103.1
THROUGH 105.5.2 OF THE MECHANICAL CODE; 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 7 -10 of Chapter 7 "Buildings ", of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
to read 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 seven members as follows:
1. Member at Large 5. Architect
2. Member at Large 6. Master Plumber
3. General Contractor. 7. Journeyman Plumber
4. Engineer
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
is claimed that the provisions of the Building
Code, Mechanical Code or the Plumbing 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, mechanical,
plumbing, 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
910801 -8A
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 and
also finds all of the following:
1. That special conditions and circumstances
exist which are peculiar to the building,
structure or service system involved and
which are not applicable to others.
2. That the special conditions and
circumstances do not result from the action
or inaction of the applicant.
3. That granting the variance requested will
not confer on the applicant any special
privilege that is denied by this Code to
other buildings, structures or service
system.
4. That the variance granted is the minimum
variance that will make possible the
reasonable use of the building, structure or
service system.
5. That the grant of the variance will be in
harmony with the general intent and purpose
of this Code and will not be detrimental to
the public health, safety and general
welfare.
(a) Conditions of the Variance. In granting
the variance, the Board may prescribe a
reasonable time limit within which the
action for which the variance is
required shall be commenced or completed
or both. In addition, the Board may
prescribe appropriate conditions and
safeguards in conformity with this Code.
- 2 -
910801 -88
Violation of the conditions of a
variance shall be deemed a violation of
this Code.
(b) Notice of Appeal. Notice of appeal
shall be in writing and filed within 30
calendar days after the decision is
rendered by the Building Official.
Appeals shall be in a form acceptable to
the Building Official.
(2) Unsafe or Dangerous Buildings or Service
Systems. In the case of a building,
structure or service system which, in the
opinion of the Building Officials, is unsafe,
unsanitary or dangerous, the Building
Official may, in his order, limit the time
for such appeals to a shorter period.
(3) Procedures of the Board.
(a) Rules and Regulations. The Board shall
establish rules and regulations for its
own procedure not inconsistent with the
provisions of this Code. The Board
shall meet on call of the Chairman. The
Board shall meet within 30 calendar days
after notice of appeal has been
received.
(b) Decisions. The Board of Adjustment and
Appeals shall, in every case, reach a
decision without unreasonable or
unnecessary delay. Each decision of the
Board shall also include the reasons for
the decision. If a decision of the
Board 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. Every
decision shall be promptly filed in
writing in the office of the Building
Official and shall be open to public
inspection. A certified copy of the
decision shall be sent by mail or
otherwise to the appellant and a copy
shall be kept publicly posted in the
office of the Building Official for two
weeks after filing. Every decision of
the Board shall be final, subject
however to such remedy as any aggrieved
party might have a law or in equity.
- 3 -
910801 -8C
(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: That Section 16 1/2 -2 "Mechanical Board -
Creation, Membership, Appointments" Chapter 16 1/2, Mechanical
Code of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
Sec. 16 1/2 -2. Mechanical Board - merger with Board of
Adjustments and Appeals.
(a) The Mechanical Board is hereby merged with and
herein after referred to the Board of Adjustments
and Appeals or the Board under Sec. 7 -10 of
Chapter 7, "Buildings ", of the Code or Ordinances,
City of Baytown, Texas.
Section 3: That Sections 103.1 through 105.5.2 of the
Mechanical Code are hereby amended by repealing said sections.
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 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 6: 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 1st day of August,
1991.
i •
WMII i
C�!J71-�*JITT 0. HUTTO,-Rayor
- 4 -
ATTEST:
F �
V L
EILEEN P. HALL, City Clerk
"ACIORAMM ", .',City Attorney
C: 1:71: 18
- 5 -
910801 -8D