Ordinance No. 10,968ORDINANCE NO. 10,968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A
NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE III "POST-
DISASTER MANAGEMENT"; 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 EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 22 "Civil Emergencies," of the Code of Ordinances, City of
Baytown, Texas, is hereby amended by adding a new article to be numbered and entitled Article
III, "Post-Disaster Management," which article shall read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. POST-DISASTER MANAGEMENT
DIVISION 1. EMERGENCY WAIVER FOR POST-DISASTER TEMPORARY
ACCOMMODATIONS
Sec. 22-100. Applicability.
The provisions contained in this division are applicable only to uninhabitable structures
that were occupied at the time of the disaster. Nothing in this division is intended nor shall be
construed to apply to any circumstance, site, or condition other than those which arise directly
out of a disaster and state of emergency as defined in this division.
Sec. 22-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Approved means that the vehicle, product, or material meets applicable testing, safety,
and performance standards from a nationally recognized testing laboratory or organization and
complies with federal, state or local codes for its use and is acceptable to the city's chief building
official.
Declaration of a state of emergency means a declaration of local disaster issued by the
mayor in accordance with state law.
Disaster means any natural, technological, or civil event for which a declaration of a state
of emergency has been issued. Such event may include, but are not limited to, hurricane, flood,
earthquake, terrorism, civil unrest, transportation accident, radiological accident, or chemical or
other hazardous material incident.
Non-residential structure means a building or portion of a building that is arranged,
occupied, or intended to be occupied as a commercial facility and that does not contain a
dwelling unit.
Occupied means the status of property for a single-family dwelling or non-residential
structure, which at the time of the disaster,
1. had a valid certificate of occupancy or final inspection from the chief building
official,
2. had water service from the city or from an in-city municipal utility district, and
3. was legally inhabited.
Single-family dwelling unit means a building or portion of a building, other than a mobile
home, that is arranged, occupied or intended to be occupied as a single residence and includes
facilities for sleeping, cooking and sanitation.
Uninhabitable means the condition of a structure determined by the chief building
official to be so damaged or unsafe that it
(1) creates a serious hazard to the health or safety of the occupants or the public; and
(2) is rendered to be unfit for human habitation by a disaster.
Sec. 22-102. Rehabilitation or reconstruction of a single-family dwelling unit.
a. Same site relocation. If a single-family dwelling unit becomes uninhabitable due to a
disaster, the owner thereof, subject to the conditions set forth in this division, may apply
for a temporary structure permit to temporarily place an approved manufactured home or
recreational vehicle on the property during rehabilitation or reconstruction of the single-
family dwelling unit, regardless of zoning district requirements.
b. Alternative site relocation. In those instances where the site of the uninhabitable single-
family dwelling unit described in subsection (a) hereof cannot meet the requirements of
this division for the placement of a temporary manufactured home or recreational vehicle,
the property owner may apply for a temporary structure permit to place such temporary
approved manufactured home or recreational vehicle on an alternative existing residential
lot in the area affected by the disaster event; provided that, the temporary use can be
located on the alternative site in compliance with the use and all other standards for
accessory structures as set forth in this code.
Sec. 22-103. Rehabilitation or reconstruction of non-residential structures.
When a disaster has rendered a non-residential structure uninhabitable, an approved
manufactured building or an approved Texas industrialized structure may be temporarily
permitted pursuant to this division on-site to allow the enterprise on the same site to carry out its
activities during the rehabilitation of the original structure or construction of a new structure.
Such temporary non-residential structures may be permitted only for use on the site of the
damaged structure, for commercial enterprise purposes, and shall not be permitted to be used for
residential purposes.
Sec. 22-104. Procedures for implementation of this article.
(a) Implementation of division. The city manager may implement the provisions of this
division in the aftermath of a disaster, and upon determining that post-disaster
circumstances are such that adequate repair or reconstruction of a significant number of
structures in the city or in specific areas of the city will require substantial time to
complete.
(b) Temporary structure permit application. After the implementation of this division
pursuant to subsection (a) hereof, permits allowing temporary such use shall be allowed.
A person desiring to obtain a temporary structure permit pursuant to this division shall
make application for a permit to the chief building official containing the following
information:
(1) name, address, and phone number of applicant; and name, address and phone
number of owner if applicant is not the owner along with a statement from the
owner that applicant may apply for temporary structure permit on the site.
(2) location, legal description, site dimensions, and site plan for which the temporary
structure permit is sought;
(3) copy of the building permit for the uninhabitable structure which is being repaired
or replaced at the site for which the temporary structure permit is sought or an
agreement that such a building permit will be secured within ninety (90) days of
the temporary structure permit application;
(4) if an alternative site is proposed pursuant to section 22-102(b), the name, address
and phone number of the owner of the alternative site;
(5) if an alternative site is proposed pursuant to section 22-102(b), a copy of the
agreement, which authorizes applicant to use the property in accordance with this
division;
(6) if a temporary structure permit is sought during the rehabilitation or
reconstruction of a single-family dwelling unit pursuant to section 22-102, proof
of ownership of the single-family dwelling unit or notarized letter of authorization
from the legal owner;
(7) the size and description of the temporary structure for which a temporary
structure permit is sought;
(8) a zoning certification letter;
(9) agreement that the applicant will remove the temporary recreational vehicle,
mobile or manufactured home, manufactured building, or Texas industrialized
building within 15 days of the issuance of the certificate of occupancy for the new
or rehabilitated residential or non-residential use or upon expiration of the
temporary use permit, whichever occurs first; and
(10) a statement that the applicant understands and agrees to comply with all
provisions of this division.
The temporary structure permit application must be accompanied by a nonrefundable
permit application fee of $50.00; however, this fee may be paid at the time the building
permit application is tendered for the permanent structure rehabilitation. No building
permit will be issued unless the temporary structure permit fee is paid.
(c) Temporary structure permit. A temporary structure permit issued under this section may
be issued only upon the determination of the chief building official that the original
structure is uninhabitable and the requirements and conditions of this division and all
other applicable regulations have been satisfied. All temporary structure permits issued
shall include a specific construction timetable and expiration date on the face of the
permit.
(1) Term. The term of the temporary structure permit allowing the emergency
temporary structure to remain in use and on-site will be six months from the date
of a declaration of a state of emergency.
(2) Extension authorized by chief building official. After this initial term, should the
chief building official determine that circumstances are such that safe and
efficient reconstruction of damaged properties warrant the extension of the permit
period, the chief building official may issue a single six-month extension.
(3) Extensions authorized by council. Should the city manager determine that further
time extensions, beyond the twelve (12) calendar months already granted, are
warranted, the city manager may request that the city council adopt a resolution
granting the authority to the chief building official to grant, upon application by a
permit holder, a single six month extension based on the chief building official's
assessment that the permit holder is unable to complete the reconstruction set
forth under the permit due to circumstances beyond the permit holder's control
such as, but not limited to, a local shortage of building materials or properly
licensed contractors.
(4) Automatic extension. Without requiring an extension of a previously issued
temporary structure permit, a new temporary structure permit may be issued for a
structure damaged by a subsequent disaster event, if that structure was previously
issued a temporary structure permit which has not expired, and so long as the
terms of this article were activated by the city manager to address damage caused
by the subsequent disaster.
Sec. 22-105. Conditions for use and limitations.
For all temporary structures allowed by this Section, the following shall apply:
(1) Number. A single recreational vehicle, manufactured home, manufactured
building, or Texas industrialized building may be allowed on any site or location
where the existing building has been declared by the chief building official to be
uninhabitable and shall be required to have a permit issued by the chief building
official.
(2) Utilities. The recreational vehicle, manufactured home, manufactured building,
or Texas industrialized building shall be connected to water, wastewater,
electrical, and all other utilities and services in accordance with this code and
shall be inspected by the chief building official.
(3) Location and placement. Recreational vehicles, manufactured homes,
manufactured buildings and Texas industrialized buildings permitted under this
division:
(a) shall be located and positioned in compliance with all applicable
provisions of this code pertaining to floodplain management;
(b) shall be located, positioned, and anchored upon an approved asphalt or
concrete surface; provided that a recreational vehicle does not have to be
anchored if the recreational vehicle is operational and has lawfully
attached to it an unexpired license plate and, if applicable, a valid motor
vehicle inspection certificate;
(c) shall not be within 15 feet of any property line, or any other building,
structure, tank, recreational vehicle, mobile or manufactured home, or
Texas industrialized building; and
(d) shall not create an unacceptable level of health or safety risk, as
determined by the chief building official, fire marshal, or director of
health, to adjacent properties or structures, the public, or any visitor to, or
occupant of the recreational vehicle, manufactured home, manufactured
building, or Texas industrialized building, or to workers constructing or
repairing the onsite single family dwelling.
(4) Environmental permitting excepted. Except as otherwise provided within this
division, the provisions of this code pertaining to environmental permitting shall
not be enforced upon any recreational vehicle, or manufactured home,
manufactured building, or Texas industrialized building granted a temporary
structure permit under this division.
(5) The recreational vehicle, manufactured home, manufactured building, or Texas
industrialized building permitted pursuant to this division shall be required to be
anchored and reinforced in accordance with all applicable requirements for
installation of such structures.
(6) The recreational vehicle, manufactured home, manufactured building, or Texas
industrialized building permitted pursuant to this division must be removed from
the property no later than 15 days after the certificate of occupancy is issued for
the new or rehabilitated residence or non-residential use, or immediately upon the
expiration of the temporary structure permit, whichever occurs first.
Sec. 22-106. Penalties; Enforcement
(a) Failure to comply with any provision of this division shall be grounds for the revocation
of or the refusal to issue or extend any permit required in this division, in addition to any
fines imposed upon conviction.
(b) Revocation or expiration of a building permit for the repair or reconstruction of an
uninhabitable structure as defined herein shall be grounds for the revocation of or the
refusal to issue or extend any permit required in this division, in addition to any fines
imposed upon conviction.
(c) Failure to comply with section 22-105(6) shall result in the city removing the non-
compliant temporary structure at the expense of the permit holder and/or property owner.
The chief building official shall mail a notice to the owner of the property upon which the
noncompliant temporary structure has been removed advising the owner of the following:
1. the costs incurred or expended by the city to remove such structure;
2. that the city proposes to assess its costs against the property by placing a lien on
the property to collect the costs incurred by the city; and
3. the date by which the owner must reimburse the city for the costs incurred.
If payment is not received by the date specified in the notice, the chief building official
shall file a lien against the property for the city's costs. Any lien filed pursuant to this
section shall be security for the expenditures made and interest accruing at the rate of 10
percent on the amount due from the date of payment by the city. The lien shall be
superior to all other liens except tax liens and liens for street improvements and shall
accrue interest at the rate often percent per annum.
(d) Any person violating any provision of this division shall upon conviction be punished by
a fine as provided in section 1-14.
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 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 4: 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 in an amount of not
more than FIVE HUNDRED AND NO/100 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 5: 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 passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 22nd day of September, 2008.
STEPHEN Fi. DONCARLOS, Mayor
ATTEST:
APPROVED AS TO FORM:
Attorney
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