Ordinance No. 8,277980514 -10
• ORDINANCE NO. 8277
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 18 "BUILDING AND BUILDING REGULATIONS," ARTICLE 11
"BUILDING CONSTRUCTION STANDARDS," DIVISION 4 "BUILDING
AND DEVELOPMENT PERMITS" OF THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY ADDING A NEW SECTION 18 -1.28
ENTITLED "ASBESTOS SURVEYS," WHICH REQUIRES AN ASBESTOS
SURVEY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR
RENOVATION OR DEMOLITION OF COMMERCIAL OR CERTAIN
RESIDENTIAL BUILDINGS; PROVIDING FOR PENALTY NOT
EXCEEDING TWO THOUSAND AND NO /100 DOLLARS ($2,000.00) FOR
VIOLATION THEREOF; AND PROVIDING FOR A REPEALING CLAUSE,
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown deem the unknown presence of
asbestos in the renovation or demolition of commercial buildings a significant risk to human
health; and
WHEREAS, the unknown presence of asbestos in buildings used, occupied, leased or
sold by or to the City of Baytown may pose a significant risk to the health of City employees and
residents; NOW THEREFORE,
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 18 "Buildings and Building Regulations" "Article II
"Building Construction Standards," Tivision 4 `Building And Development Permits" of the
Code of ordinances of the City of Baytown, Texas, is hereby amended by adding a new section
to be numbered 18 -128 and entitled "Asbestos Surveys," which section reads as follows:
CHAPTER 18 BUILDINGS AND BUILDING REGULATIONS
Article II. Building Construction Standards
Sec. 18 -128. Asbestos Surveys Reqdired.
(a) Definilions. As used in this) section, the following words and terms shall have the
meanings ascribed to them hereinbelow, unless the context of their usage clearly
indicates another meaning:
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® Residential building shall mean a single - family structure primarily used or capable of
being used for human habitation.
Commercial building shall mean all other buildings which are not defined herein as
residential buildings.
Demolition shall mean operations in which load - bearing structural members of a building
are wrecked or removed.
Renovation shall mean additions to or alterations of the interior surfaces of a building for
purposes of restoration by removal, repairing and rebuilding.
(b) Survey required. Prior to the issuance of a permit to any person for the renovation or
demolition of any building within the city limits an asbestos survey shall be conducted of
the areas to be renovated or demolished.
(c) Exception. An asbestos survey shall not be required prior to the issuance of a permit for
the renovation or demolition of a residential building unless the renovation or demolition
involves more than two contiguous residential building sites which are part of a
commercial or public project such as an urban renewal project, a highway construction
project, a project to develop a shopping center or mall, the construction of an industrial
facility or other large private development.
(d) Requisites and Cost. ' Any asbestos survey required herein shall be conducted by an
individual licensed by the State of Texas to conduct such a survey. The cost of the
survey shall be borne by the person seeking the permit.
(e) Penalty. A violation of any of the provisions of this section shall constitute an offense
affecting public health and, upon conviction, is punishable as provided in section 1 -14. In
addition, the city attorney is authorized to file suit in any court of competent jurisdiction
to enjoin any person from violating or causing to be violated any of the sections of this
article.
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 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 the this Ordinance or the application of the same to any person or set of
circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not effect the validity of this Ordinance or its 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 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
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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 passage of this Ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 14'x' day of May, 1998.
ATTEST:
EILEEN P. HALL, ity Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR ty Attorney
c:kl h841Counci I10rdinances\AsbestosSurveyOrd inance
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PETE C. ALFAR , Mayor