Ordinance No. 7,330ORDINANCE 7330
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• AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 7 "BUILDINGS," ARTICLE I "IN GENERAL," SECTION 7-
10 "BOARD OF ADJUSTMENTS AND APPEALS" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AMENDING
CHAPTER 16% "MECHANICAL CODE," ARTICLE I "IN GENERAL,"
SECTION 161,4 -2 "MECHANICAL BOARD -- MERGER WITH BOARD OF
ADJUSTMENTS AND APPEALS" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS; AMENDING CHAPTER 17% "MOBILE
HOMES AND MOBILE HOME PARKS," ARTICLE I "IN GENERAL,"
SECTION 17% -2 "DEFINITIONS," SUBSECTION (A) "BOARD;"
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 7 "Buildings," Article I "In
General," Section 7 -10 "Board of Adjustments and Appeals" of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended
to read as follows:
Article I. In General.
Sec. 7 -10. Construction Board of Adjustments and Appeals.
(a) Appointment. There is hereby established a board to be
called the construction board of adjustments and appeals,
which shall consist of seven (7) members as follows:
(1) Member at large,
(2) Member at large,
(3) General Contractor,
(4) Engineer,
(5) Architect,
(6) Master Plumber,and
is
(7) Journeyman Plumber.
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. 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 appeal from the decision of the building official
to the construction board of adjustments and appeals. Notice
of appeal shall be in writing addressed to the construction
board of adjustments and appeals and filed within ten (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 construction 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:
a. That special conditions and circumstances exist
which are peculiar to the building, structure or service
system involved and which are not applicable to others.
b. That the special conditions and circumstances do
not result from the action or inaction of the applicant.
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• c. 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.
d. That the variance granted is the minimum variance
that will make possible the reasonable use of the
building, structure or service system.
e. 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.
1. 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. Violation of the
conditions of a variance shall be deemed a
violation of this Code.
2. Notice of appeal. Notice of appeal shall be
in writing and filed within thirty (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 official, 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
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• this Code. The board shall meet on call of the
chairman. The board shall meet within thirty (30)
calendar days after notice of appeal has been
received.
b. Decisions. The construction board of
adjustments 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 (2) weeks after
filing. Every decision of the board shall be final,
subject however to such remedy as any aggrieved
party might have at law or in equity.
C. Appeal to city council. Every decision of the
construction board of adjustments and appeals may
be appealed to the city council if filed in writing
within ten (10) days on forms provided by the city
clerk.
Section 2: That Chapter 16% "Mechanical Code," Article I
"In General," Section 163�-2 "Mechanical Board -- Merger with Board
of Adjustments and Appeals" of the Code of Ordinances of the City
of Baytown, Texas, is hereby amended to read as follows:
Article I. In General.
Sec. 16 % -2. Mechanical Board -- Merger with Construction
Board of Adjustments and Appeals.
The mechanical board is hereby merged with and
hereinafter referred to as the construction board of
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adjustments and appeals or the board under section 7 -10 of
Chapter 7, "Buildings," of the Code or Ordinances, City of
Baytown, Texas.
Section 3: That Chapter 17% "Mobile Homes and Mobile Home
Parks," Article I "In General" Section 17M -2 "Definitions,"
Subsection (a) "Board" of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
Article I. In General.
Sec. 17 % -2. Definitions.
(a) Board. The construction board of adjustments and
appeals (see section 7 -10).
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 the 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 G: 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 8th day of June,
1995.
PETE C. ALF11UZO, Mayor
0 s
• ATTEST:
-Z�� 1EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
S�L2� ac�'e_' -4
CIO RAMIREZ, SR., C'ty Attorney
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