Ordinance No. 11,041ORDINANCE NO. 11,041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III
"POST - DISASTER MANAGEMENT," DIVISION 1 "EMERGENCY WAIVER
FOR POST - DISASTER TEMPORARY ACCOMMODATIONS," SECTION 22-
106 "VARIANCE FOR PLACEMENT OF TEMPORARY HOUSING IN A
FLOODPLAIN," SUBSECTIONS (B) AND (C) AND ADDING A NEW
SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (E)
"APPEAL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ALLOW THE CITY MANAGER TO MAKE DETERMINATIONS
REGARDING WHETHER TO ALLOW TEMPORARY STRUCTURES IN
THE FLOODPLAIN FOLLOWING A DISASTER AND TO PROVIDE FOR
AN APPEAL THEREFROM, 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 2: That Chapter 22 "Civil Emergencies," Article III `Post- Disaster
Management," Division 1 "Emergency Waiver for Post - Disaster Temporary Accommodations,"
Section 22 -106 "Variance for placement of temporary housing in a floodplain," Subsection (b)
"Report and recommendation" of the Code of Ordinances, Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. POST - DISASTER MANAGEMENT
DIVISION 1. EMERGENCY WAIVER FOR POST - DISASTER TEMPORARY
ACCOMMODATIONS
Sec. 22 -106. Variance for placement of temporary housing in a floodplain.
(b) Report and recommendation. After receipt of a written variance request, the chief
building official based upon the criteria specified in subsection (c), shall file his report
and recommendations regarding the proposed variance with the city clerk. A copy of the
report shall be provided to the applicant and to the city manager.
Section 2: That Chapter 22 "Civil Emergencies," Article III "Post- Disaster
Management," Division 1 "Emergency Waiver for Post - Disaster Temporary Accommodations,"
Section 22 -106 "Variance for placement of temporary housing in a floodplain," Subsection (c)
"Criteria" of the Code of Ordinances, Baytown. Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE II1. POST - DISASTER MANAGEMENT
DIVISION 1. EMERGENCY WAIVER FOR POST - DISASTER TEMPORARY
ACCOMMODATIONS
Sec. 22 -106. Variance for placement of temporary housing in a floodplain.
(c) Criteria. Variances from section 22- 105(3)(a) shall be issued after a thorough evaluation
of the risks to the occupants of the proposed temporary structure and only upon a finding
by the city manager that:
(1) no other practical forms for emergency housing within the city remain;
(2) the enforcement thereof would do manifest injustice and would be contrary to the
spirit and purpose of this division and the public interest:
(3) there is no other practical alternative to locating an approved manufactured home
or Texas industrialized building on the lot in question; and
(4) the granting of the variance will be in harmony with the general intent and
purpose of this division and will not be detrimental to the public health, safety
and general welfare.
Any variance granted shall be specific to the property and temporary structure and signed
by the city manager. Under no circumstances will a variance be granted for a
manufactured home or Texas industrialized building to be located on property in a
floodway or coastal high hazard area (otherwise known as "V- Zone ").
Section 3: That Chapter 22 "Civil Emergencies," Article III "Post- Disaster
Management," Division 1 "Emergency Waiver for Post - Disaster Temporary Accommodations,"
Section 22 -106 "Variance for placement of temporary housing in a floodplain," of the Code of
Ordinances, Baytown, Texas. is hereby amended by adding a new subsection to be numbered
and entitled subsection (e) "Appeal,' which subsection shall read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. POST - DISASTER MANAGEMENT
DIVISION I. EMERGENCY WAIVER FOR POST - DISASTER TEMPORARY
ACCOMMODATIONS
2
Sec. 22 -106. Variance for placement of temporary housing in a floodplain.
(e) Appeal. If a variance under this section is denied by the City Manager, the applicant may
appeal such decision to the city council on the grounds that the decision misconstrues or
wrongly interprets this section. The appeal must be made in writing, be filed with the
city clerk within 10 days after the decision of the city manager, and set forth in detail the
basis of the appeal along with the date of the city manager's decision. The burden of
proof shall be upon the applicant to demonstrate that the city manager's decision was not
made in accordance with this section.
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
City of Baytown this the 8`" day of January. 2009. /
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'1111,:1-*--1,TflJf DARNELL, City Clerk
APPROVED AS TO FORM:
d7AACIO RAMIREZ, SR ity Attorney
ON
of the City Council of the
DONCARLOS, Mayor
\\cobsrvl \Legal \Karen\Files \City Council \Ordinances\:009\Januar}, 8\ Variance4EmergencyHousingAmended .doe