Ordinance No. 11,035ORDINANCE NO. 11.035
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-
102 "REHABILITATION OR RECONSTRUCTION OF A SINGLE- FAMILY
DWELLING UNIT," SUBSECTION (B) `'ALTERNATIVE SITE
RELOCATION "; AND SECTION 22 -105 "CONDITIONS FOR USE AND
LIMITATIONS," SUBSECTION (3)(A) OF THE CODE OF ORDINANCES,
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 "PENALTIES: ENFORCEMENT"
OF THE CODE OF ORDINANCES, CITY OF BAYTOWN. TEXAS, BY
RENUMBERING THE SAME AS SECTION 22 -107 "PENALTIES:
ENFORCEMENT AMENDING CHAPTER 22 "CIVIL EMERGENCIES."
ARTICLE III. "POST- DISASTER MANAGEMENT,- DIVISION I
"EMERGENCY WAIVER FOR POST - DISASTER TEMPORARY
ACCOMMODATIONS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND
ENTITLED SECTION 22 -106 "VARIANCE FOR PLACEMENT OF
TEMPORARY HOUSING IN A FLOODPLAIN" TO ALLOW TEMPORARY
STRUCTURES IN THE FLOODPLAIN FOLLOWING A DISASTER;
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," Article III, "Post- Disaster
Management." Division 1 "Emergency Waiver for Post - Disaster Temporary Accommodations,"
Section 22 -102 "Rehabilitation or reconstruction of a single- family dwelling unit," subsection (b)
"Alternative site relocation" of the Code of Ordinances, City of 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 -102. Rehabilitation or reconstruction of a single- family dwelling unit.
b. Alternative site relocation. In those instances where the site of the uninhabitable single -
family dwelling unit described in subsection (a) hereof caimot meet the requirements of
this division for the temporary placement of an approved 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.
Section 2: That Chapter 22 "Civil Emergencies," Article I11, "Post- Disaster
Management," Division I "Emergency Waiver for Post - Disaster Temporary Accommodations."
Section 22 -105 "Conditions for use and limitations," subsection (3)(a) of the Code of
Ordinances, City of 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 -105. Conditions for use and limitations.
For all temporary structures allowed by this section, the following shall apply:
(3) Location and placement. Approved 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, unless a
variance has been granted pursuant to section 22 -106 of this division;
Section 3: That Chapter 22 "Civil Emergencies,'' Article III, "Post- Disaster
Management," Division 1 "Emergency Waiver for Post - Disaster Temporary Accommodations,"
Section 22 -106 "Penalties; enforcement's of the Code of Ordinances, City of BaytoNNM, Texas, is
hereby renumbered to be included in Chapter 22 "Civil Emergencies,— Article III, "Post- Disaster
Management," Division 1 "Emergency Waiver for Post - Disaster Temporary Accommodations"
of the Code of Ordinances as Section 22 -107 "Penalties; enforcement."
Section 4: That Chapter 22 `'Civil Emergencies," Article III, "Post- Disaster
Management," Division I `Emergency Waiver for Post - Disaster Temporary Accommodations"
of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new section to be
numbered and entitled Section 22 -106 "Variance for placement of temporary housing in a
floodplain," which section shall 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.
(a) flariance request. A property owner desiring to temporarily place an approved
manufactured home or Texas industrialized structure on the same lot with a single - family
dwelling unit, which is rendered uninhabitable due to a disaster and is located in a
floodplain pursuant to a FEMA FIRM map, must make a written request for a variance to
the provisions of section 22- 105(3)(a) prior to submitting a temporary structure permit
application. All requests for variances from chapter 110 shall be submitted to the chief
building official and shall demonstrate compliance with the criteria set forth in this
section.
(b) Report and recommendation. After receipt of a kVritten 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 council.
(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 council 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 mayor after council's approval. Under no circumstances will a variance will 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 ").
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(d) Conditions of all variances. Any variance granted under this section shall be conditioned
upon the owners complying with the following:
(1) signing a document releasing the city and acknowledging the following:
a. the risks associated with placement of the manufactured home, or Texas
industrialized structure in the floodplain, including loss of property and
human life due to flood:
b. the approved manufactured home or Texas industrialized structure and
contents therein are not eligible for coverage under the national flood
insurance program; and
C. the owners and all occupants of the approved manufactured home or Texas
industrialized building will evacuate such temporary structure in the event
an evacuation order has been issued by a governmental entity for the area in
which the property subject to the variance is located.
(2) obtaining a building permit for the approved manufactured home or Texas
industrialized structure, as applicable;
(3) obtaining a temporary structure permit pursuant to this division;
(4) elevating the approved manufactured home or Texas industrialized structure to
the highest practical level as determined and approved by the chief building
official;
(5) residing in the manufactured home or Texas industrialized structure, and
(6) complying with all applicable provisions of this division.
Section 5: 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 6: 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 7: 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
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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 8: 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 f''
of the City Council of the
City of Baytown this the 11`h day of December, 2008.
,%NY TOE
City Clerk
r-1
APPROVED AS TO FORM:
Z'W� AL-"14
Jdf,JACI0 RAMIREZ, SR., Cit torney
HEN H. DONCARLOS, Mayor
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