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Home My WebLink About2146 12-13-2016 ORDINANCE NO. 2146 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS; ADOPTING THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE; ADOPTING LOCAL AMENDMENTS TO THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City wishes to adopt the 2015 Edition of the International Property Maintenance Code pursuant to Texas Local Government Code Chapters 54 and 214; and WHEREAS, the City Manager and staff have recommended certain amendments to the 2015 International Property Maintenance Code and the City Council has determined that the adoption of this Code with local amendments is in the public interest and is necessary for the protection of the health, safety and welfare of the citizens of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Sections 14-161 through 14-163 of Article IX, "International Property Maintenance Code" of Chapter 14, "Buildings and Building Regulations" of the Code of Ordinances of the City of Euless, Texas, are hereby amended in their entirety to read as follows: "Sec. 14-161. Adoption. The International Property Maintenance Code, 2015 Edition, as published by the International Code Council is hereby adopted by reference as the property maintenance code of the City. Unless deleted, amended, expanded or otherwise changed herein, all provisions of such Code shall be fully applicable and binding. Sec. 14-162. Administration and Enforcement of the International Property Maintenance Code. The property maintenance code of the City shall be administered and enforced by the office of the Building Official or any duly authorized representative of the City of Euless. Sec. 14-163. Amendments. The International Property Maintenance Code, 2015 Edition, is amended as follows: (A) Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Euless, hereinafter referred to as "this code". (B) Section 102.3 is amended to read as follows: 102.3 Application of other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, or NFPA 70, as adopted. (C) Section 103.5 is amended to read as follows: 103.5 Fees. See approved fee schedule (Euless Code of Ordinances Chapter 30). (D) Section 108 is deleted. (E) Section 109 is deleted. (F) Section 112.4 is amended to read as follows: 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition shall be deemed guilty of a misdemeanor and such person shall be fined not more than the maximum provided in section 1-12 of this Code for fire safety and public health and sanitation provision violations for each offense. Every violation and each and every day's failure or refusal to comply with these provisions will constitute a separate offense, and in case of willful or continued violation by any person or his or her agents, employees servants or officers, the city shall have the power to revoke and repeal any license under which the person may be acting, and revoke all permits, privileges and franchises granted to the person. Ordinance No. 2146, Page 2 of 6 (G) Section 201.3 is amended to read as follows: 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. (H) Section 302.3 is amended to read as follows: 302.3 Sidewalks and driveways. Private sidewalks, private driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. All sidewalks, driveways, parking spaces and similar areas shall be clear from vegetation and shall be trimmed and edged to the edge of impervious cover. (1) Section 302.4 is amended to read as follows: 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual pants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. (J) Section 302.9 is amended to read as follows: 302.9 Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure, building or fence on any private or public property by placing thereon any marking, carving or graffiti. (K) Section 304.3 is amended to read as follows: 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property, and from any alley used for vehicular access. The numbers shall contrast with their background. Address numbers shall be Arabic numerals Ordinance No. 2146, Page 3 of 6 or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high for one and two family residential and 8 inches (203 mm) high for all others. Premises identification for all locations except one and two family residential shall be internally or externally illuminated. (L) Section 304.14 is amended to read as follows: 304.14 Insect Screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas food service or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. (M) Section 305.1.1 is amended to read as follows: 305.1.1 Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings: {Remainder of text unchanged). (N) Section 306.1.1 is amended to read as follows: 306.1.1 Unsafe Conditions. Where any of the following conditions cause the component of system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or International Residential Code: {Remainder of text unchanged}. (0) Section 602.3 is amended to read as follows: 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 1 to March 31 to maintain a minimum...(Remainder of text unchanged). (P) Section 602.4 is amended to read as follows: 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from November 1 to March 31 to maintain a minimum temperature...(Remainder of text unchanged)." SECTION 2. Ordinance No. 2146,Page 4 of 6 CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. The 2003 International Property Maintenance Code adopted on August 31, 2004, is repealed except to the extent any provision herein is readopted as a part of the 2015 International Property Maintenance Code. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase. SECTION 4. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Section 1-12 "General Penalty", Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder for violation of an ordinance governing building regulations. SECTION 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances governing buildings and building regulations that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. To the extent any use is deemed to be grandfathered or vested under the 2003 International Property Maintenance Code, such Code shall remain in full force and effect as to such use. SECTION 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. Ordinance No. 2146, Page 5 of 6 SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on December 13, 2016, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: Lin a Ma in, Mayor ATTEST: Kim utter, CMC, City Secretary APPROVED AS TO FORM: 64 Wayne K. Olson, City Attorney Ordinance No. 2146, Page 6 of 6 INVOICE Star-Telegram Customer ID: CIT09 808 Throckmorton St. Invoice Number: 339059151 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/15/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2016 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 33905915 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS O Attn:Attn: ACCOUNTS . PAYABLE Publication Date: 12/15/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 13580 1 261 261 LINE $1.02 $266.22 Sales Discount ($78.30) Misc Fee $5.00 RECEIVED Net Amount: $192.92 .......... DEC 2 7 2016 REQUISITION CITY OF EULESS FINANCE DEPT. '`'"' 7 County of Tarrant ITV 1) Before me,a rotary Public in aruf forsaidCounty anclState, this day persona!!y appearedLeticiarric .bids LegalCoor for the Star-Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas:and who after being duly sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the listeddates: BIDS&LEGALS DEPT.Star-Telegram.6 Sl1BSCR.IBED AND SWORNTO BEFORE ME, THIS DAYOF Dec. r�1 2016 Swn4 2 CHFiISTY L.HOLLAND " '• ST�F TEXAS comm31 2020 NOTAR2'PZIBLI Thank You For Your Payment i --------------------------------------------- Remit To: Star-Telegram Customer ID: CIT09 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 339059151 Invoice Amount: $192.92 PO Number: Amount Enclosed: $ a,c� Y.v,A Sey.N �U Wo SECTION 4, ORDINANCE N0. 2146 CITY OF EULESS PUBLICATION.The City Secretary of AN ORDINANCE OF THE CITY OF ORDINANCE NO. 2141 the City of Euless is hereby directed EULESS, TEXAS, AMENDING AN ORDINANCE AUTHORIZING THE to publish the caption, penalty CHAPTER 14 "BUILDINGS AND ISSUANCE OF A SPECIFIC USE clause and effective date of this BUILDING REGULATIONS"OF THE ordinance in the official newspaper PERMIT ON J. P. HALFORD AD- of the City of Euless, as required CODE OF ORDINANCES OF THE DITION,BLOCK D,LOT 7,116 WEST by Section 12 of Article II of the CITY OF EULESS; ADOPTING THE EULESS BOULEVARD, FOR TIRE Charter of the City of Euless. 2015 INTERNATIONAL PROPERTY REPAIR SHOP; PROVIDING A PRESENTED AND PASSED ON FIRST MAINTENANCE CODE; ADOPTING SEVERABILITY CLAUSE; PROVID- AND FINAL READING at a regular LOCAL AMENDMENTS TO THE ING A PENALTY FOR VIOLATION; meeting of the Euless City Council 2015 INTERNATIONAL PROPERTY PROVIDING FOR PUBLICATION IN on December 13, 2016, by a vote MAINTENANCE CODE; PROVIDING THE OFFICIAL NEWSPAPER; AND of 5 ayes,0 nays and 0 abstentions. THAT THIS ORDINANCE SHALL BE PROVIDING AN EFFECTIVE DATE. CUMULATIVE OF ALL ORDI- ORDINANCE NO. 2144 NANCES AND REPEALING ALL SECTION 3. AN ORDINANCE AMENDING CHAP- CONFLICTING ORDINANCES; PENALTY CLAUSE.Any person,firm TER 84 OF THE CODE OF ORDI- PROVIDING A SEVERABILITY or corporation violating any of the NANCES, THE UNIFIED DEVELOP- CLAUSE; PROVIDING A PENALTY terms and provisions of this ordr MENT CODE OF THE CITY OF FOR VIOLATION; PROVIDING A nance shall be deemed guilty of a EULESS, TEXAS; AMENDING THE SAVINGS CLAUSE; PROVIDING misdemeanor and, upon conviction CITY OF EULESS ZONING DISTRICT FOR PUBLICATION IN THE OFF[- thereof,shall be fined in accordance MAP ON PROPERTY SITUATED AS „, ` j with Chapter 1,Section 1-12,Euless ! A 4.288 ACRE TRACT OF LAND IN — e i Code of Ordinances. Each such THE L. FRANKLIN SURVEY, AB- I CIAL NEWSPAPER; AND PROVID- violation shall be deemed a separate STRACT NO. 513, FROM TX121ING AN EFFECTIVE DATE. offense and shall be punishable as GATEWAY DISTRICT (TX-121) TO SECTION 4. such hereunder. PLANNED DEVELOPMENT DIS— SECTION 4. TRICT (PD); ADOPTING SPECIFIC or corporation violating any of the PUBLICATION.The City Secretary of DEVELOPMENT STANDARDS; terms and provisions of this ordr the City of Euless is hereby directed PROVIDING FOR A SEVERABILITY nance shall be deemed guilty of a to publish the caption, penalty CLAUSE; PROVIDING A PENALTY misdemeanor and, upon conviction clause and effective date of this FOR VIOLATIONS; PROVIDING A thereof,shall be fined in accordance ordinance in the official newspaper SAVINGS CLAUSE; PROVIDING with Chapter 1,Section 1-12,Euless of the City of Euless, as required FOR PUBLICATION IN THE OFFI. Code of Ordinances. Each such by Section 12 of ArticleII of the CIAL NEWSPAPER; AND PROVID- violation shall be deemed a separate Charter of the City of Euless. ING AN EFFECTIVE DATE. offense and shall be punishable as PRESENTED AND PASSED ON FIRST SECTION 4. i such hereunder. AND FINAL READING at a regular PENALTY CLAUSE.Any person,firm SECTION 6. meeting of the Euless City Council or corporation violating any of the PUBLICATION.The City Secretary of on December 13, 2016, by a vote terms and provisions of this ordi- the City of Euless is hereby directed of 5 ayes,0 nays and 0 abstentions. nance shall be deemed guilty of a to publish the caption, penalty misdemeanor and, upon conviction clause and effective date of this ORDINANCE NO. 2142 thereof,shall be fined in accordance ordinance of the City y the ffs,l newspaper AN ORDINANCE,AUTHORIZING THE with Chapter 1,Section 1-12,Euless of Eulessal as required ISSUANCE OF A SPECIFIC USE Code of Ordinances. Each such by Section 12 of Article II of the PERMIT ON INTERNATIONAL RE- violation shall be deemed a separate Charter of the City of Euless. GIONAL INDUSTRIAL COMPLEX, offense and shall be punishable as PRESENTED AND PASSED ON FIRST BLOCK D,LOT 1R,1513 WESTPARK such hereunder. AND FINAL READING at a regular yVAY, FOR A TELECOMMUNICA- SECTION 6. meeting of the Euless City Council TIONS TOWER; PROVIDING A PUBLICATION.The City Secretary of on December 13, 2016, by a vote SEVERABILITY CLAUSE; PROVID- the City of Euless is hereby directed of 5 ayes,0 nays and 0 abstentions. ING A PENALTY FOR VIOLATION; to publish the caption, penalty PROVIDING FOR PUBLICATION IN clause and effective date of this THE OFFICIAL NEWSPAPER, AND ordinance in the official newspaper PROVIDING AN EFFECTIVE DATE. of the by Section 12 of of less,Artia II of ired SECTION 3. the PENALTY CLAUSE.Any person,firm Charter of the City of Euless. or corporation violating any of the PRESENTED AND PASSED ON FIRST terms and provisions of this ordr AND FINAL READING at a regular nance shall be deemed guilty of a meeting of the Euless City Council misdemeanor and, upon conviction on December 13, 2016, by a vote thereof,shall be fined in accordance of 5 ayes,0 nays and 0 abstentions. with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such ORDINANCE NO. 2145 violation shall be deemed a separate AN ORDINANCE AUTHORIZING THE offense and shall be punishable as ISSUANCE ONOF ASPECIFIC USE such hereunder. PERMIT OF SECTION 4. THE JOHN H. HAVENS SURVEY, PUBLICATION.The City Secretary of ABSTRACT NO 685, TRACTS 2A4 the City of Euless is hereby directed FOR 3,2601 STATE HIGHWAY 121 to publish the caption, penalty clause and effective date of this WITH ANCILLARY DEDICATED ordinance in the official newspaper CURBSIDE PICKUP; PROVIDING A of the City of Euless, as required SEVERABILITY CLAUSE; PROVID- by Section 12 of Article II of the ING A PENALTY FOR VIOLATION; Charter of the City of Euless. PROVIDING FOR PUBLICATION IN PRESENTED AND PASSED ON FIRST THE OFFICIAL NEWSPAPER; AND AND FINAL READING at a regular PROVIDING AN EFFECTIVE DATE. meeting of the Euless City Council SECTION 3. on December 13, 2016, by a vote PENALTY CLAUSE.Any person,firm of 5 ayes,0 nays and 0 abstentions. or termspandtion provisilons ofathis ordithe ORDINANCE NO. 2143 nance shall be deemed guilty of a AN ORDINANCE AUTHORIZING THE misdemeanor and, upon conviction ISSUANCE OF A SPECIFIC USE thereof,shall be fined in accordance PERMIT ON OAKWOOD TERRACE with Chapter 1,Section 1-12,Euless ch such 2 0 VINE STREET,DDITION, BLOCK FOR AUTO- violation sh, LOT A43R, Code of0alll be deemed a separate MOTIVE REPAIR SHOP; PROVID- offense and shall be punishable as ING A SEVERABILITY CLAUSE; such hereunder.SECTION 4. PROVIDING A PENALTY FOR VI OLATION; PROVIDING FOR PUB- PUBLICATION. City IION.Th is hereby Secretary ecre directed of LICATION IN THE OFFICIAL NEWSPAPER,AND PROVIDING AN to opubliish the ectivetion, malty EFFECTIVE DATE. of this SECTION 3. ordinance in the official newspaper PENALTY CLAUSE.Any person,firm of the City of Euless, as required or corporation violating any of the by Section 12 of Article II of the terms and provisions of this ordr Charter of the City of Euless. nance shall be deemed guilty of a PRESENTED AND PASSED ON FIRST misdemeanor and, upon conviction AND FINAL the Euless City at a re ullar thereof,shall be fined in accordance meeting on December 13, 2016, by a vote Each ncil Code of Ordinances. Each such with Chapter 1,Section Euless of 5 ayes,0 nays and 0 abstentibns. violation shall be deemed a separate offense and shall be punishable as such hereunder