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Ordinance No. 8,423Published in The Baytown Sun: 981008-8 Friday, October 16, 1998 and, Saturday, October 17, 1998 ORDINANCE NO.8423 ® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE VI "MINIMUM PROPERTY STANDARDS," DIVISION 3 "LEASED MULTIFAMILY DWELLINGS," SUBDIVISION 11 "ADMINISTRATION AND ENFORCEMENT," SECTION 18 -703 "NOTICE OF CERTAIN VIOLATIONS; HEARING," SUBSECTION (B) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AND RENAMING AND AMENDING CHAPTER 26 "COMMUNITY DEVELOPMENT," ARTICLE II "URBAN REHABILITATION STANDARDS," DIVISION 6 "SUBSTANDARD BUILDINGS," SECTION 26 -257 "REMOVAL OF PLACARD" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That Chapter 18 "Buildings and Building Regulations," Article VI "Minimum Property Standards," Division 3 "Leased Multifamily Dwellings," Subdivision II "Administration and Enforcement," Section 18 -703 "Notice of certain violations; hearing," Subsection (b) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Chapter 18 BUILDINGS AND BUILDING REGULATIONS ARTICLE VI. MINIMUM PROPERTY STANDARDS Division 3. Leased Multifamily Dwellings Subdivision II. Administration and Enforcement Sec. 18 -703. Notice of certain violations; hearing. (b) An administrator may place or cause to be placed a placard on a structure or dwelling unit that is unsanitary or unsafe warning of its dangerous condition. A person commits an offense if, without authority from the chief building official: (1) He defaces, removes or destroys a placard placed by the administrator; (2) He enters, occupies, or otherwise uses a vacant structure or dwelling unit on which an administrator has placed a placard; or (3) As owner or operator of a structure or dwelling unit, he authorizes a person to enter, occupy, or otherwise use a vacant structure or dwelling unit on which the administrator has placed a placard. Section 2: That Chapter 26 "Community Development," Article II "Urban Rehabilitation Standards," Division 6 "Substandard Buildings," Section 26 -257 "Removal Of Placard" of the Code of Ordinances of the City of Baytown, Texas, is hereby renamed and amended to read as follows: Chapter 26 COMMUNITY DEVELOPMENT ARTICLE II. URBAN REHABILITATION STANDARDS • Division 6. Substandard Buildings See. 26 -257. Placard warnings. (b) An administrator may place or cause to be placed a placard on a structure or dwelling unit that is unsanitary, unsafe, substandard or otherwise unfit for human habitation or use as a warning of its dangerous and offending conditions. A person commits an offense -if, without authority from the chief building official: (1) He defaces, removes or destroys a placard placed by or caused to be placed by the administrator in accordance with this section; (2) He enters, occupies, or otherwise uses a vacant structure or dwelling unit on which an administrator has placed a placard; or (3) As owner or operator of a structure or dwelling unit, Ile authorizes a person to enter, occupy, or otherwise use a vacant structure or dwelling unit on which the administrator has placed a placard. Section 3: Every person convicted of a violation of any provision of this ordinance shall be punished by a fine not exceeding FIVE HUNDRED AND NO /] 00 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. 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 provision, 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 6: This ordinance shall take effect from and after ten (10) days frorn its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing 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 8`I' day of October, 1998. ATTEST: EILEEN P. HALL,. City Clerk APPROVED AS TO FORM: ACIO RA.MIREZ, SR., ttorney c:klh I I 1 \Councii\ Ordinances \PlacardOrdinanceAmendment 2 " PETE C. ALFARO, M or