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Ordinance No. 10,159Published in the Baytown Sun on Thursday, September 30, 2005 and Tuesday, ORDINANCE NO. 10,159 October 4, 2005 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE I "IN GENERAL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 2 "REGISTRATION"; AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE _ XIII "SWIMMING POOLS AND SPAS," DIVISION 2 "PUBLIC SWTA " POOL LICENSE" SECTION 18 -1102 "TERM; FEES; TRANSFER , , I� ©1 ` � SUBSECTION (A); CHAPTER 42 "HEALTH AND SANITATION," �"'" IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," DID __.uN 2 "PERMIT," SECTION 42 -178 "FEES "; CHAPTER 126 "SUBDIVISIONS," ARTICLE IV "IMPROVEMENTS," DIVISION 1 "GENERALLY," SECTION 126 -454 "AS -BUILT OR RECORD PLANS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ESTABLISH A REGISTRATION PROCESS FOR PERSONS PERFORMING BUILDING CONTRACTING, PLUMBING, ELECTRICAL AND MECHANICAL SERVICES AND TO INCREASE CERTAIN LICENSE, PERMIT AND OTHER FEES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 18 `Buildings and Building Regulations," Article I "In General" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new division to be numbered and entitled Division 2 "Registration" to read as follows: CHAPTER 18: BUILDING AND BUILDING REGULATIONS ARTICLE I. IN GENERAL DIVISION 2. REGISTRATION Sec. 18 -11. Registration required. Except if exempt from permitting requirements of this chapter, it is unlawful for any person to do construction, electrical, plumbing, or mechanical work within the city unless the person: (1) has a current registration on file with the chief building official as required in this ® chapter or ® (2) is working under a person who has a current registration on file with the chief building official as required -in this chapter and is listed on such registration. • Sec. 18 -12. General provisions for registration. (a) An application for registration under this article must be made in writing to the chief building official on forms provided by him for that purpose and be accompanied by a registration fee of $25.00. (b) No permits or licenses may be issued by the city unless the person has completed his registration application and has obtained his registration from the city. (c) Each registration application shall specify the name, address and phone number of the applicant. If the applicant is a business entity, the applicant shall also provide the name of the owner, officers, and directors of the entity, persons authorized to work under the entity's registration along with other relevant information required by the city. (d) If a permit or license is required by law for the trade for which the applicant desires to be registered by the city, the applicant must submit the permit or license along with the application to the chief building official. (e) The applicant shall provide a valid certificate of commercial general liability insurance with minimum limits of coverage no less than those prescribed by state law for the trade for which the applicant seeks to be registered. . (f) The chief building official shall issue the registration only after the applicant has submitted all of the required information to the chief building official. (g) Registrations under this article expire twelve months after the date of issuance. Registrations must be renewed upon the same terms and conditions as provided for original applications, including, but not limited to, the payment of the registration fee. (h) Should information contained in a person's registration application change during the period for which the person is registered, the person shall update his registration information within ten days of any such change. (1) Registrations issued under this article are not assignable or transferable. Section 2: That Chapter 18 "Building and Building Regulations," Article XIII "Swimming Pools and Spas," Division 2 "Public Swimming Pool License," Section 18 -1102 "Term; fees; transferability," Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: 2 CHAPTER 18. BUILDING AND BUILDING REGULATIONS • ARTICLE XIII. SWIMMING POOLS AND SPAS DIVISION 2. PUBLIC SWIMMING POOL LICENSE Sec. 18 -1102. Term; fees; transferability. (a) A public swimming pool license shall be valid for a period of one year beginning on March 1 of each year and shall be renewable annually during the month of February. The license fee and annual license renewal shall be $100.00 per pool. All license fees shall be nonrefundable. Section 3: That Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Division 2 "Permit," Section 42 -178 "Fees" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 42. HEALTH AND SANITATION ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS DIVISION 2. PERMIT Sec. 42 -178. Fees. (a) The fee schedule shall be as follows: (l) Food or food service establishment permit application types and fees: (2) (3) (4) n U High -risk 1 -4 employees: ................................. $250.00 10+ employees: ................ ................ $400.00 Medium-risk: ................................................ $250.00 Low-risk: ...................................................... $100-00 Daycare facilities: ........................................ $100.00 Food Processing Plant: ............... __ .............. $400.00 Temporary food establishment permit: $15.00 application fee and $30.00 per day of the event up to 14 days. Permit Renewal Late fee: January 31. Plans review: .................. $25.00 for renewal applications received after ....................... $25.00 3 ® (5) Mobile food units: High-risk: ..................................................... $300.00 Medium-risk: ................................................ $250.00 Low-risk: ...................................................... $100.00 (b) Except as provided in subsection (c) of this section, no fee shall be charged relating to any food establishment owned and operated by a governmental agency; an institution of purely public charity, or a church; however, * such establishments shall comply with all other requirements of this article. (c) Subsection (b) shall not apply to any food establishment owned and operated by an independent school district or a parochial or private school, as such establishments shall comply with subsection (a) as well as all other requirements of this article. Section 4: That Chapter 126 "Subdivisions," Article IV "Improvements," Division 1 "Generally," Section 126 -454 "As -built or record plans" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 126. SUBDIVISIONS ARTICLE IV. IMPROVEMENTS DIVISION 1. GENERALLY Sec. 126 -454. As -built or record plans. (a) The subdivider shall present to the city engineer reproducible and complete as -built plans for all paving, drainage structures, water lines and sewer lines prior to final inspection. As -built or record plans shall be prepared by a registered engineer in a form acceptable to the engineering department. The as -built or record plans shall be delivered to the city engineer prior to the filing of the plat or the release of any performance documents. (b) Along with the as -built plans specified in subsection (a) and in any event prior to final plat approval, the subdivider shall also submit the following: (1) a $30.00 fee per lot for subdivision plats that are not submitted in a geographic(al) information systems format, or (2) a $15.00 fee per lot for subdivision plats which are submitted in a geographic(al) information systems format. Section 5: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding ® FIVE HUNDRED AND NO 1100 DOLLARS ($500.00). Each act of violation and each day 4 ® 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 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the 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 effect 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 S: 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 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 the passage of this ordinance. INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of Baytown, this the 27th day of September, 2005. CALVIN MUNDINGER, Mayor ATTES'r; � � r i , LvLVI:�I':K , Interim (tyClerk APPROVED AS TO FORM: NACIO RAMIREZ, Sr., ity Attorney isR:AKaren \Files \City Council \Ordinances\2005\September 22\FeeOrdinanceRevised.doc