article 3.100 building regulations* · web viewretaining walls not taller than 18 inches may also...

Table of Contents

1 ARTICLE 3.100 BUILDING REGULATIONS*...............................................................91.1 Sec. 3.101 Short Title................................................................................................................................91.2 Sec. 3.102 Purpose.....................................................................................................................................91.3 Sec. 3.103 APPLICABILITY.....................................................................................................................9

1.3.1 Scope................................................................................................................................................................ 91.3.2 Conflict............................................................................................................................................................ 9

1.4 Sec. 3.104 Definitions................................................................................................................................91.4.1 Alterations.................................................................................................................................................. 101.4.2 Antenna Support Structures............................................................................................................... 101.4.3 Apprentice Electrician........................................................................................................................... 101.4.4 Building........................................................................................................................................................ 101.4.5 Building Height. ....................................................................................................................................... 101.4.6 DELETED (Building or Other Independent Support Structures)........................................111.4.7 Certificate of Occupancy....................................................................................................................... 111.4.8 City................................................................................................................................................................. 111.4.9 Village Engineer....................................................................................................................................... 111.4.10 Dwelling . ................................................................................................................................................... 111.4.11 Dwelling Unit.......................................................................................................................................... 111.4.12 Electrical Wiring and Apparatus...................................................................................................111.4.13 Erosion....................................................................................................................................................... 121.4.14 Excavation................................................................................................................................................ 121.4.15 Floor Area................................................................................................................................................. 121.4.16 Grading...................................................................................................................................................... 121.4.17 Graywater System................................................................................................................................. 121.4.18 Manufactured (HUD) Home.............................................................................................................. 121.4.19 Impervious Cover................................................................................................................................... 121.4.20 DELETED (Industrialized Building)..............................................................................................131.4.21 DELETED (Industrialized Housing)..............................................................................................131.4.22 Journeyman Electrician...................................................................................................................... 131.4.23 Master Electrician................................................................................................................................. 131.4.24 Mobile Home............................................................................................................................................ 131.4.25 Multifamily. See Dwelling (Multi-family)....................................................................................131.4.26 Person......................................................................................................................................................... 131.4.27 Repair......................................................................................................................................................... 131.4.28 Retaining Wall. ...................................................................................................................................... 141.4.29 Seal. ............................................................................................................................................................ 141.4.30 Site Preparation. ................................................................................................................................... 141.4.31 Structure................................................................................................................................................... 141.4.32 Swimming Pool. .................................................................................................................................... 141.4.33 Unmanned Equipment Building......................................................................................................141.4.34 Village........................................................................................................................................................ 141.4.35 Wireless Communication System. .................................................................................................141.4.36 Zoning........................................................................................................................................................ 15

1.5 Sec. 3.105 Administration....................................................................................................................151.5.1 City Secretary ........................................................................................................................................... 151.5.2 Reports and Records. ............................................................................................................................. 15

1

1.5.3 Right to Entry............................................................................................................................................ 151.5.4 Enforcement:.............................................................................................................................................. 161.5.5 Stop-Work Orders:................................................................................................................................... 161.5.6 Penalties:..................................................................................................................................................... 161.5.7 Court Proceedings:.................................................................................................................................. 161.5.8 Occupancy Violation. ............................................................................................................................. 171.5.9 Liability........................................................................................................................................................ 171.5.10 Permit Application................................................................................................................................ 17

1.6 Sec. 3.106 Building Code.......................................................................................................................171.6.1 Exterior. ...................................................................................................................................................... 181.6.2 Building Materials Construction Equipment...............................................................................181.6.3 Address......................................................................................................................................................... 18

1.7 Sec. 3.107 Plumbing Code....................................................................................................................181.7.1 Plumbing code for the city................................................................................................................... 18

1.8 Sec. 3.108 Electrical Code.....................................................................................................................181.8.1 2009 National Electrical Code........................................................................................................... 181.8.2 Aluminum Wiring.................................................................................................................................... 181.8.3 Licensed and Registered Electricians..............................................................................................191.8.4 Wire Size...................................................................................................................................................... 191.8.5 Circuit Size.................................................................................................................................................. 191.8.6 Wiring in Ducts......................................................................................................................................... 191.8.7 Kitchen Island Outlet Spacing............................................................................................................191.8.8 Outside Electrical Disconnects........................................................................................................... 191.8.9 Wiring Conduit.......................................................................................................................................... 191.8.10 Application for Permit......................................................................................................................... 191.8.11 Submitting Plans and Specifications; Criteria for Issuance of Permit............................191.8.12 Issuance and Display of Permit.......................................................................................................201.8.13 Effect of Issuance and Display of Permit. Sec. 3.108 Electrical Code..............................201.8.14 Lapse of Permit...................................................................................................................................... 211.8.15 Remedying Dangerous or Unsafe Conditions............................................................................211.8.16 Turning Off Current by Fire Chief or City Secretary, or His/Her Designee...................21

1.9 Sec. 3.109 Mechanical, Fuel/Gas Code, and Energy Efficiency.............................................211.9.1 Mechanical code of the city.................................................................................................................. 211.9.2 Fuel/gas code of the city....................................................................................................................... 221.9.3 Energy conservation code of the city...............................................................................................22

1.10 Sec. 3.110 Permits and/or Approvals..........................................................................................221.10.1 Work Requiring Approval and/or Permit..................................................................................221.10.2 On-Site Sewage Facility (OSSF) Approval...................................................................................241.10.3 Application Procedures...................................................................................................................... 251.10.4 Site Plans................................................................................................................................................... 251.10.5 Construction Plans and Specifications.........................................................................................271.10.6 Permit Issuance...................................................................................................................................... 271.10.7 Retention of Plans................................................................................................................................. 281.10.8 Validity....................................................................................................................................................... 281.10.9 Expiration................................................................................................................................................. 281.10.10 Suspension or Revocation............................................................................................................... 291.10.11 Permit Fees............................................................................................................................................ 291.10.12 Representations by Applicant....................................................................................................... 301.10.13 Setback Verification.......................................................................................................................... 30

1.11 Sec. 3.111 Applicant’s Liability........................................................................................................30

2

1.12 Sec. 3.112 Inspection Requirements.............................................................................................301.12.1 General....................................................................................................................................................... 301.12.2 Inspection Record Card....................................................................................................................... 301.12.3 Approval Required................................................................................................................................ 311.12.4 Required Inspections............................................................................................................................ 311.12.5 Other Inspections................................................................................................................................... 321.12.6 Pools............................................................................................................................................................ 32

1.13 Sec. 3.113 Certificate of Occupancy...............................................................................................321.13.1 Use or Occupancy.................................................................................................................................. 321.13.2 Change in Use.......................................................................................................................................... 321.13.3 Certificate Issued................................................................................................................................... 331.13.4 Records of Certification...................................................................................................................... 331.13.5 Compliance required for Certificate of Occupancy.................................................................33

1.14 Sec. 3.114 Blasting Operations (see VoV Ordinance “Article 4.06 BLASTING”)............331.15 Sec. 3.115 Reserved..................................................................................................................................331.16 Sec. 3.116 Utility Development and Maintenance in Streets and Rights-of-Way......33

1.16.1 Street, Road and Drainage Construction....................................................................................331.16.2 Street Restoration................................................................................................................................. 331.16.3 Utility Development or Maintenance Permit............................................................................34

1.17 Sec. 3.117 Private Driveway or Parking Apron........................................................................341.17.1 Concrete Driveways - Deleted..........................................................................................................341.17.2 Impact to Existing Street................................................................................................................... 341.17.3 Drainage Culvert................................................................................................................................... 351.17.4 Damage to Street................................................................................................................................... 35

1.18 Sec. 3.118 Construction, Structures and/or Equipment in Rights-of-Way..................351.18.1 Construction in Rights-of-Way........................................................................................................351.18.2 Mailboxes in Rights-of-Way.............................................................................................................. 351.18.3 Other Structures near Pavement Edge........................................................................................351.18.4 Removal of Structures by City.......................................................................................................... 35

1.19 Sec. 3.119 Restoration of Public Streets, Including Rights-of-Way, Shoulders and Drainage Ditches......................................................................................................................................................361.20 Sec. 3.120 Removal of All Construction Materials..................................................................36

1.20.1 Material Included.................................................................................................................................. 361.20.2 Distance of Material Included..........................................................................................................361.20.3 Trash Containment............................................................................................................................... 361.20.4 Remedy of Failure................................................................................................................................. 361.20.5 Debris on City Streets........................................................................................................................... 37

1.21 Sec. 3.121 Bonds or Deposits Required.......................................................................................371.22 Sec. 3.122 Reserved..............................................................................................................................371.23 Sec. 3.123 Minimum Standards for All Residential Buildings...........................................37

1.23.1 Compliance. (review necessary for what is allowed in setbacks )....................................371.23.2 Driveways, Off-Street Parking and Access to Public Streets...............................................381.23.3 Exterior Lights. (Ref VoV Ordinance 8.03 and 9.02 and 9.05.120? ) ................................381.23.4 Swimming Pool Fences. ..................................................................................................................... 381.23.5 Fire Warning System........................................................................................................................... 391.23.6 Floor Area................................................................................................................................................. 391.23.7 Garages and Carports.......................................................................................................................... 391.23.8 Mobile Home/Manufactured Housing..........................................................................................391.23.9 Multifamily Building Height............................................................................................................. 401.23.10 Sewage Facilities................................................................................................................................. 40

3

1.23.11 Solar Systems........................................................................................................................................ 401.23.12 Utility Connection............................................................................................................................... 401.23.13 Graywater Sewage Systems - Removed.....................................................................................401.23.14 Authorized Actions on Failure to Comply................................................................................411.23.15 Patio and Porch Roofing. (Matching requirement Deleted)............................................411.23.16 Dumpsters.............................................................................................................................................. 41

1.24 Sec. 3.124 Minimum Standards for Nonresidential Buildings...........................................411.24.1 Requirements in Addition to IBC .................................................................................................... 411.24.2 General Requirements......................................................................................................................... 41

1.25 Sec. 3.125 Appeal from Denial of a Building Permit, Appeal of a City Official’s Determination, or a Variance Concerning Building Codes....................................................................43

1.25.1 Opportunity to Appeal......................................................................................................................... 431.25.2 Time Period for Appeal....................................................................................................................... 431.25.3 Decision of the Board of Adjustment.............................................................................................43

1.26 Sec. 3.126 Penalties..............................................................................................................................441.27 Sec. 3.127 Fees........................................................................................................................................44

2 ARTICLE 3.300 STREET CUTS AND EXCAVATIONS*.................................................442.1 Sec. 3.301 General....................................................................................................................................442.2 Sec. 3.302 Fine...........................................................................................................................................45

3 ARTICLE 3.400 TRENCH SAFETY.............................................................................453.1 Sec. 3.401 Purpose and Description................................................................................................453.2 Sec. 3.402 Safety System.......................................................................................................................453.3 Sec. 3.403 Construction Methods......................................................................................................463.4 Sec. 3.404 Safety Program....................................................................................................................463.5 Sec. 3.405 Inspection..............................................................................................................................463.6 Sec. 3.406 Indemnification...................................................................................................................463.7 Sec. 3.407 Measurement.......................................................................................................................473.8 Sec. 3.408 Payment.................................................................................................................................47

4 ARTICLE 3.600 OAK WILT CONTROL......................................................................474.1 Sec. 3.601 Purpose...................................................................................................................................474.2 Sec. 3.602 Definitions.............................................................................................................................47

4.2.1 Diseased Trees........................................................................................................................................... 474.2.2 Forester........................................................................................................................................................ 474.2.3 Public Nuisance........................................................................................................................................ 47

4.3 Sec. 3.603 Abatement of Nuisance by Owner of Property.....................................................484.4 Sec. 3.604 Enforcement.........................................................................................................................484.5 Sec. 3.605 Inspections............................................................................................................................484.6 Sec. 3.606 Notice to Owner..................................................................................................................484.7 Sec. 3.607 Payment of Cost..................................................................................................................494.8 Sec. 3.608 Tree Trimming Personnel..............................................................................................494.9 Sec. 3.609 Sterilization of Equipment.............................................................................................494.10 Sec. 3.610 Penalties..............................................................................................................................49

5 ARTICLE 3.700 MODEL HOMES..............................................................................505.1 Sec. 3.701 Model Home Permit Required......................................................................................505.2 Sec. 3.702 Requirements for Permit................................................................................................505.3 Sec. 3.703 Variances...............................................................................................................................505.4 Sec. 3.704 Application and Issuance................................................................................................50

4

5.5 Sec. 3.705 Permit Fee.............................................................................................................................515.6 Sec. 3.706 Collection and Deposit.....................................................................................................515.7 Sec. 3.707 Enforcement.........................................................................................................................515.8 Sec. 3.708 Penalties.................................................................................................................................51

6 ARTICLE 3.800 STREET LIGHT REQUESTS (Modify/Delete?)....................................52

7 ARTICLE 3.900 FLOOD REGULATIONS*..................................................................527.1 Sec. 3.901 Statutory Authorization..................................................................................................527.2 Sec. 3.902 Findings of Fact...................................................................................................................527.3 Sec. 3.903 Statement of Purpose.......................................................................................................537.4 Sec. 3.904 Methods of Reducing Flood Losses............................................................................537.5 Sec. 3.905 Definitions.............................................................................................................................53

7.5.1 Alluvial Fan Flooding............................................................................................................................. 537.5.2 Apex............................................................................................................................................................... 547.5.3 Appurtenant Structure.......................................................................................................................... 547.5.4 Area of Future Conditions Flood Hazard.......................................................................................547.5.5 Area of Shallow Flooding...................................................................................................................... 547.5.6 Area of Special Flood Hazard............................................................................................................. 547.5.7 Base Flood................................................................................................................................................... 547.5.8 Base Flood Elevation (BFE)................................................................................................................. 547.5.9 Basement..................................................................................................................................................... 547.5.10 Breakaway Wall.................................................................................................................................... 547.5.11 Critical Feature...................................................................................................................................... 557.5.12 Development............................................................................................................................................ 557.5.13 Elevated Building.................................................................................................................................. 557.5.14 Existing Construction.......................................................................................................................... 557.5.15 Existing Manufactured Home Park or Subdivision.................................................................557.5.16 Expansion to an Existing Manufactured Home Park or Subdivision..............................557.5.17 Flood Elevation Study.......................................................................................................................... 557.5.18 Flood Insurance Rate Map (FIRM).................................................................................................557.5.19 Flood Insurance Study......................................................................................................................... 557.5.20 Flood or Flooding.................................................................................................................................. 567.5.21 Flood Protection System..................................................................................................................... 567.5.22 Floodplain Management.................................................................................................................... 567.5.23 Floodplain Management Regulations..........................................................................................567.5.24 Floodplain or Floodprone Area.......................................................................................................567.5.25 Floodproofing......................................................................................................................................... 567.5.26 Floodway (Regulatory Floodway).................................................................................................567.5.27 Functionally Dependent Use.............................................................................................................567.5.28 Highest Adjacent Grade...................................................................................................................... 577.5.29 Historic Structure.................................................................................................................................. 577.5.30 Levee........................................................................................................................................................... 577.5.31 Levee System........................................................................................................................................... 577.5.32 Lowest Floor............................................................................................................................................ 577.5.33 Manufactured Home............................................................................................................................ 587.5.34 Manufactured Home Park or Subdivision...................................................................................587.5.35 Mean Sea Level....................................................................................................................................... 587.5.36 New Construction.................................................................................................................................. 587.5.37 New Manufactured Home Park or Subdivision........................................................................587.5.38 Recreational Vehicle............................................................................................................................ 58

5

7.5.39 Riverine...................................................................................................................................................... 587.5.40 Start of Construction........................................................................................................................... 587.5.41 Structure................................................................................................................................................... 597.5.42 Substantial Damage............................................................................................................................. 597.5.43 Substantial Improvement.................................................................................................................. 597.5.44 Variance.................................................................................................................................................... 597.5.45 Violation.................................................................................................................................................... 597.5.46 Water Surface Elevation.................................................................................................................... 60

7.6 Sec. 3.906 Lands to Which This Article Applies..........................................................................607.7 Sec. 3.907 Basis for Establishing the Areas of Special Flood Hazard................................607.8 Sec. 3.908 Establishment of Development Permit....................................................................607.9 Sec. 3.909 Compliance...........................................................................................................................607.10 Sec. 3.910 Abrogation and Greater Restrictions......................................................................607.11 Sec. 3.911 Interpretation...................................................................................................................607.12 Sec. 3.912 Warning and Disclaimer or Liability.......................................................................607.13 Sec. 3.913 Designation of the Floodplain Administrator.....................................................617.14 Sec. 3.914 Duties and Responsibilities of the Floodplain Administrator.....................617.15 Sec. 3.915 Permit Procedures..........................................................................................................62

7.15.1 Application............................................................................................................................................... 627.15.2 Approval or Denial Factors............................................................................................................... 62

7.16 Sec. 3.916 Variance Procedures......................................................................................................637.16.1 Building and Safety Committee Variance Authority. (Volente BOA?)..........................637.16.2 Building and Safety Committee Appeal Authority ..................................................................637.16.3 Court of Appeal....................................................................................................................................... 637.16.4 Record Maintenance............................................................................................................................ 637.16.5 National or State Historic Places...................................................................................................637.16.6 New Construction on Lots of One-half Acre or Less Below Base Flood Level. (Volente Zoning Ordinance?)................................................................................................................................................ 637.16.7 Additional Variance Conditions......................................................................................................647.16.8 Variance Causing Increased Flood Levels Not Allowed........................................................647.16.9 Repair or Rehabilitation of Historic Structures.......................................................................647.16.10 Prerequisites for Granting Variances:.......................................................................................647.16.11 Intended Purpose of Variances and Notice..............................................................................64

7.17 Sec. 3.917 Provisions for Flood Hazard Reduction; General Standards........................657.18 Sec. 3.918 Specific Standards...........................................................................................................65

7.18.1 Residential Construction.................................................................................................................... 657.18.2 Nonresidential Construction............................................................................................................ 657.18.3 Enclosures................................................................................................................................................. 667.18.4 Manufactured Homes.......................................................................................................................... 667.18.5 Recreational Vehicles.......................................................................................................................... 67

7.19 Sec. 3.919 Standards for Subdivision Proposals......................................................................677.20 Sec. 3.920 Standards for Areas of Shallow Flooding (AO/AH Zones)............................68

7.20.1 Residential Construction.................................................................................................................... 687.20.2 Nonresidential Construction............................................................................................................ 687.20.3 Professional Certification Required..............................................................................................687.20.4 Drainage Paths ( AO/AH Zones ) ...................................................................................................... 68

7.21 Sec. 3.921 Floodways...........................................................................................................................687.22 Sec. 3.922 Penalty.................................................................................................................................68

8 ARTICLE 3.1000 INDUSTRIALIZED HOUSING AND BUILDINGS................................69

6

8.1 Requirements.................................................................................................................................................698.1.1 Interpretation of Provisions................................................................................................................ 69

8.2 Definitions.......................................................................................................................................................698.2.1 Code............................................................................................................................................................... 698.2.2 Existing Home............................................................................................................................................ 698.2.3 Industrialized Building.......................................................................................................................... 698.2.4 Industrialized Housing or Industrialized Home.........................................................................708.2.5 Modular Component or Modules....................................................................................................... 708.2.6 Value.............................................................................................................................................................. 70

8.3 Construction of Industrialized Housing and Industrialized Buildings.................................718.4 Foundation Required..................................................................................................................................718.5 Permit and Inspection Requirements:................................................................................................718.6 Comparable Value........................................................................................................................................728.7 Compatible Exterior....................................................................................................................................728.8 Nothing herein shall authorize violation of valid deed restrictions......................................72

9 ARTICLE 3.1100 WATERSHED PROTECTION...........................................................739.1 Sec. 3.1101 LCRA Highland Lakes Watershed Ordinance Adopted...................................73

10 ARTICLE 3.1200 SUBSTANDARD AND DANGEROUS BUILDINGS AND STRUCTURES*73

10.1 Sec. 3.1201 Findings............................................................................................................................7310.2 Sec. 3.1202 Adoption of International Property Maintenance Code and Amendments..............................................................................................................................................................7310.3 Sec. 3.1203 Chapter 214 Adopted..................................................................................................7410.4 Sec. 3.1204 Definitions.......................................................................................................................74

10.4.1 Building..................................................................................................................................................... 7410.4.2 Code Enforcement Authority............................................................................................................7410.4.3 County........................................................................................................................................................ 7410.4.4 Dangerous Building, Unsafe Building, and Substandard Building..................................7410.4.5 Responsible Parties............................................................................................................................... 7610.4.6 Structure................................................................................................................................................... 76

10.5 Sec. 3.1205 Dangerous Buildings Declared a Nuisance........................................................7610.6 Sec. 3.1206 Inspections and Duties of the Code Enforcement Authority (Who is this?) 7610.7 Sec. 3.1207 Notice of Dangerous Building or Dangerous Condition of Property......7710.8 Sec. 3.1208 Sufficiency of Notice....................................................................................................7810.9 Sec. 3.1209 Securing Dangerous Building..................................................................................7810.10 Sec. 3.1210 Duties of the Building Committee ......................................................................7910.11 Sec. 3.1211 Appeal of the Building Committee Order........................................................8210.12 Sec. 3.1212 City Council Action....................................................................................................8310.13 Sec. 3.1213 Judicial Review............................................................................................................8310.14 Sec. 3.1214 Assessment of Expenses and Penalties............................................................8410.15 Sec. 3.1215 Violations.......................................................................................................................8410.16 Sec. 3.1216 Penalty............................................................................................................................8510.17 Sec. 3.1217 Enforcement of Regulations..................................................................................8510.18 Sec. 3.1218 Amendment of Ordinances....................................................................................86

7

BUILDING REGULATIONS

This document is intended to replace the following Village of Volente Ordinance sections:

1) Specific Sections of 33.300 - Site Development Regulations – Article 33.300 combines Building Regulations, Building Codes and Site Development.

2) This document will only replace the Building Regulations and Building Code sections.

3) Site Development sections will be included in a separate ordinance.4) Specific sections of Village of Volente ordinance 33.300 identified below

are replaced by this document. They are relevant to Building Regulations and Building Code:

a. Division 1 – General Provisionsb. Division 2 – Definitionsc. Division 3 – Applications for Permits and Approvalsd. Division 8 – Construction in Public Right-of-Waye. Division 9 – Easementsf. Division 10 – Penalties and Enforcementg. Divisons 11 – Closing Provisions

Sections not replaced by this document:a. Division 4 – Site Development Design Standardsb. Division 5 – Public Sites and Open Spacesc. Division 6 – Improvements Required Prior to Approval of

Constructed Site Developmentd. Division 7 – Requirements for Village Acceptance and Approval

of Public Improvements

Revision History May 9, 2017 – Document Reformat Complete

1) Auto-format was set up and Heading 1,2,3 & 4 were established in scientific format (1.1111) and applied.

2) A consistent sub-heading format was applied throughout. I attempted to follow a structure of:A. 1. i. a. (where possible)

3) “City of Lago Vista” was replaced with “Village of Volente”4) “Document Tracking” turned ON.5) Suggested edits from Andy Fogarasi, David Gordon and Kellie Rush-Rrie were

added

8

1 ARTICLE 3.100 BUILDING REGULATIONS*

1.1 Sec. 3.101 Short TitleThis article shall be known as and may be cited as the building code of the city.

1.2 Sec. 3.102 PurposeThis article provides minimum Village of Volente specific standards to preserve and promote the health, safety, property and general welfare of the people by regulating and controlling the construction, quality of materials, surface water, use and occupancy, location and maintenance of all buildings and structures within the city, including certain electrical, plumbing and mechanical equipment specifically regulated herein.

1.3 Sec. 3.103 APPLICABILITY

1.3.1 Scope . The provisions of this article shall apply to the erection, construction, enlargement, alteration, major repair, residing, moving, improving, converting, using or occupying any building or structure in the village. This article also provides requirements for site preparation, blasting, surface water control and other related construction matters. This article recognizes, adopts and may provide for all applicable building codes.

1.3.2 Conflict .Where, in any specific case, this article is in conflict with the codes adopted by reference, such as the International Building Code, this article will govern, except as required by state law. Conflicts between this article and other ordinances shall be interpreted so that the more restrictive requirement shall prevail, and if the standards or procedures in this article are different from any other ordinance, the conflict shall be resolved by the City Secretary or his/her designee.

1.4 Sec. 3.104 DefinitionsDefinitions not supplied herein shall be obtained from adopted editions of the:

2009 International Building Code2009 International Mechanical Code2009 International Plumbing Code2008 National Electrical Code2009 International Property Maintenance Code?? International Fuel Gas Code2009 International Energy Conservation Code2009 International Fire Code and 2009 International Residential CodeWebster’s Third New International Dictionary of the English language, unabridged.

9

1.4.1 Alterations .Any change, addition or modification in construction, any change in the structural members of the building, such as exterior walls, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.”

1.4.2 Antenna Support Structures .

1.4.2.1 Monopole Antenna Structure . A self-supporting, pole-type structure with no guy wire support, tapering from base to top and so designed to support fixtures which hold one or more antennas and related equipment for wireless telecommunication transmission.

1.4.2.2 Lattice Antenna Structure .A steel lattice, self-supporting structure with no guy wire support, so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission.

1.4.2.3 Guyed Lattice Antenna Structure . A steel lattice, guy wire supported structure, so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission.

1.4.3 Apprentice Electrician . A person undertaking the learning of the electrical trade and doing electrical work under the direct, constant personal supervision and control of either a licensed master electrician or a journeyman electrician and who has been properly licensed by the state department of licensing and regulation.

1.4.4 Building . Any structure either temporary or permanent, having a roof or other covering and designed or used for the shelter or enclosure of any person, animal or property of any kind.

1.4.5 Building Height . Building height is defined as follows:

10

Kellie Rush-Frie, 10/13/17,

General Note: Please make sure definitions are consistent with the adopted zoning ordinance. No need to duplicate work and leads to uniform consistency throughout. Should probably merge the definitions.


Not defined in zoning ordinance. However, should probably include reference to the Chart in the zoning ordinance that establishes maximum height at 35 feet and Utility District to 25 feet.


This is somewhat different than the zoning ordinance. Edited to reflect zoning ordinance.


Definition not in the zoning ordinance


Not in the zoning ordinance.


Definition not in the zoning ordinance.


Definition not in the Zoning ordinance.

1.4.5.1 The vertical distance measured from the highest natural contour of the applicable lot to the highest point of the coping of a flat roof or to the deck line of a mansard roof; or to the height of the highest gable of a pitched or hipped roof. Chimney height is excluded from total height considerations.

1.4.5.2 In those cases where an “on grade” foundation finish floor elevation of the first floor of a residential living unit would be below the elevation of the one percent (1%) annual chance flood boundary; then the city shall ensure that the first habitable floor elevation will be one (1) foot above the federally designated one percent (1%) annual chance flood height (called the base flood elevation). In these cases, the maximum roof height of the building may be measured from one (1) foot above the federally designated one percent (1%) annual chance flood height.

1.4.6 DELETED (Building or Other Independent Support Structures)

1.4.7 Certificate of Occupancy .A certificate granting inhabitation of a structure issued by the city upon the satisfactory completion of all city ordinances, policies and regulations.

1.4.8 City .The word city as used in this article shall refer to the Village of Volente.

1.4.9 Village Engineer . Village Engineer means the Engineer for the Village or his or her designated representative, as appointed by the council.

1.4.10 Dwelling .

1.4.10.1 Dwelling (Multi-family) means a single Structure designed to accommodate two (2) or more households.

1.4.10.2 Dwelling (Single-family) means a detached Building having accommodations for not more than one family.

1.4.10.3 Dwelling (Two-family) or Duplex means a detached Building designed and constructed with two (2) separate living units under a single roof by two families.

1.4.11 Dwelling Unit .Any building or portion of a building arranged, occupied or intended to be occupied as residential unit designed to accommodate one (1) household for living, sleeping, eating, cooking and sanitation.

1.4.12 Electrical Wiring and Apparatus . All materials, devices, machinery, appliances, appurtenances or conductors used in connection with the production of electric lights, heat or power or the transmission of electrical signals.

11

1.4.13 Erosion .The process by which the ground surface is worn away by the action of wind and/or water and material therefrom is carried, or is likely to be carried, across any property line in significant quantities.

1.4.14 Excavation .Any breaking of ground on the site by mechanical means, but does not include operations in securing survey or geological data including necessary borings to ascertain subsurface conditions for foundations and septic systems.

1.4.15 Floor Area .The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, Carports or garages.

1.4.16 Grading .Any act by which soil, rock, or mineral matter is cut into, dug, uncovered, removed, displaced or relocated; and includes the removal of vegetation, excavation and land leveling

1.4.17 Graywater System .A graywater sewage system may consist only of wastewater from showers, tubs, lavatories, clothes washer, the non-garbage disposal side of a two-compartment sink and from a bar sink.

1.4.18 Manufactured (HUD) Home .

1.4.18.1 Means a Manufactured Home or mobile structure as defined by the Tex Occupants Code 1201.003(18) meaning :

a) A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;

b) Built on a permanent chassis;c) Designed for use as a dwelling with or without a permanent foundation

when the structure is connected to the required utilities;d) Transportable in one or more sections; ande) In the traveling mode, at least eight body feet in width or at least 40 body

feet in length or, when erected on site, at least 320 square feet;

1.4.18.2 DELETED

1.4.18.3 DELETED

1.4.19 Impervious Cover .Impervious surfaces that reduce the amount of infiltration of water into the soil (ex.

asphalt, pavement, sidewalk, roof tops). a)

12

1.4.20 DELETED (Industrialized Building)

1.4.21 DELETED (Industrialized Housing)

1.4.22 Journeyman Electrician . Except as otherwise provided, a person undertaking electrical work under the supervision, direction and control of a licensed master electrician and who has been properly licensed by the state department of licensing and regulations. The term “journeyman electrician,” however, shall not include an apprentice electrician, and nothing in this article shall be construed as prohibiting an apprentice electrician from doing electrical work under the direct, constant, personal supervision and control of either a licensed master or journeyman electrician.

1.4.23 Master Electrician . A person skilled in the planning, supervision, installation, alteration or changing of electric wiring and apparatus and familiar with the rules, laws and regulations governing such and who has been licensed by the state department of licensing and regulations.

1.4.24 Mobile Home . Manufactured home or Mobile Home as defined by the Tex. Occupants Code 1201.003(20), A structure:a) Constructed before June 15, 1976;b) Built on a permanent chassis;c) Designed for use as a dwelling with or without a permanent foundation

when the structure is connected to the required utilities;d) Transportable in one or more sections; ande) In the traveling mode, at least eight body feet in width or at least 40 body

feet in length or, when erected on site, at least 320 square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home.

1.4.25 Multifamily . See Dwelling (Multi-family)

1.4.26 Person . An individual, proprietorship, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.

1.4.27 Repair . The reconstruction, renovation or renewal of any part of an existing building for the purpose of its maintenance. Such term shall not apply to any change in construction, alteration, or addition to a building other than for the purpose of reconstruction, renovation or renewal.

13

1.4.28 Retaining Wall . A structure that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures. Retaining walls not taller than 18 inches may also be used to identify property lines, driveways, etc. Retaining walls taller than 18 inches above the material being retained shall be considered regulated by the zoning ordinance as that ordinance addresses fences.

1.4.29 Seal . A device or insignia issued by the state to be affixed to used mobile homes to indicate compliance with the standards, rules, and regulations established by the state. The seal shall remain the property of the state.

1.4.30 Site Preparation . Any clearing of trees and other vegetation and/or disturbing or grading the land with equipment such as “bobcats,” bulldozers, backhoes and graders. This definition does not include normal lot maintenance such as mowing, trimming and pruning. Also, this definition does not include efforts necessary for securing survey or geological data including necessary borings to ascertain subsurface conditions and percolation rates for planned septic fields.

1.4.31 Structure . Any construction, or a production or piece of work artificially built up or composed of parts honed together in some definite manner. That which is built or constructed: an edifice or building of any kind. A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

1.4.32 Swimming Pool . A body of water in an artificial or semi-artificial receptacle, structure or container located outdoors, either above ground or below ground, that contains water over 24 inches in depth, used or intended to be used for public, semipublic, or private swimming, and includes swimming pools used or intended to be used solely by the owner or others without payment of any fee.

1.4.33 Unmanned Equipment Building . An accessory building housing electronic and communication equipment as an associated and permitted part of a wireless communication system.

1.4.34 Village .The word village as used in this article shall refer to the Village of Volente.

1.4.35 Wireless Communication System . Antennae and antenna support structures for mobile and land based telecommunications facilities including, but not limited to, whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell

14


Not in zoning ordinance






In zoning ordinance. Edited to reflect that definition.







enhancers and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile cellular telephones, mobile radio systems facilities, commercial mobile radio service and radio or television (commercial only) broadcasting towers and transmitting stations. This definition is inclusive of the placement of the above referenced equipment on a monopole tower, guyed steel lattice tower and any communication tower which does or does not utilize guy wire support in addition to existing buildings or other independent support structures. This system shall also allow as one of its components an unmanned equipment shelter.

1.4.36 Zoning The division of the Village into districts in an effort to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility as defined in Chapter 211 of the Texas Local Government Code and this ordinance.

1.5 Sec. 3.105 AdministrationThis section prescribes the administration of this article.

1.5.1 City Secretary The City Secretary, or his/her designee, is hereby authorized and directed to enforce this article except where other specific guidance is provided herein. The City Secretary, or his/her designee, will review and approve or disapprove applications for various permits, issue building permits and will also perform inspections of new construction prior to issuing a certificate of occupancy.

1.5.2 Reports and Records . The City Secretary, or his/her designee, shall submit monthly activity reports, and an annual summary report to the city council by November 1 of each year, indicating the number of permits issued for single-family, multifamily and commercial development. The City Secretary, or his/her designee, shall keep permanent, accurate account of all fees and other monies collected.

1.5.3 Right to Entry . The following regulations shall regulate the right of city officials and/or designated contractors to enter buildings or property:a) Whenever necessary to make an inspection to enforce any of the

provisions of this article, or whenever the city has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this article, the City Secretary or his/her designee may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the City Secretary or his/her designee(s) by this article; provided that if such building or premises be occupied by the owner or other persons having charge or

15


Council should discuss who has this duty.


See above note. Council should discuss who has this duty.


This will require council discussion. A city staff member is usually the one with this type of authority. To make these regulations less political a staff member should be designated as the one who has this authority. Perhaps, the City Secretary?


Zoning is defined. Edited to reflect zoning ordinance definition.

control of the building or premises cannot be located after reasonable effort or if the entry request is refused, the city council shall bring recourse to every remedy provided by law to secure such entry.

b) It is expressly provided, however, that nothing in this subsection shall authorize any representative of the city to trespass on real property except in the exercise of entry rights accorded by, and pursuant to procedures required by, the state and federal constitutions for public inspectors of building safety.

c) Should an owner or occupant or any other person having charge, care and control of any building or premises refuse, after proper request is made as herein provided, to promptly permit entry therein by the city or inspection agent for the purpose of inspection and examination pursuant to this article, he shall be in violation of this subsection

1.5.4 Enforcement : The Village shall enforce this article by appropriate administrative action, including but not limited to the rejection of plans, maps, plats and specifications not found to be in compliance with this article and good engineering practices, and the issuance of stop work orders.

1.5.5 Stop-Work Orders :The City Secretary, or his/her designee,, may order all work, including site clearing or other site preparation, stopped on any site where a violation of this chapter is found. Any person, including a workman on the site, who fails to comply with a stop work order shall be found guilty of a misdemeanor punishable as provided in the penalty section hereof.

1.5.6 Penalties : Any person, firm or corporation who violates any provisions of this chapter is subject to a civil penalty of not less than one hundred dollars ($100.00) but not more than $2,000.00, unless otherwise stated in this chapter for a particular violation permitted by law for each act of violation and for each day of violation. The owner or tenant of any building, structure or premises and any architect, builder, agent, or other person, who knowingly commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties provided herein.

1.5.7 Court Proceedings : Upon the request of the council, the Village Attorney shall file an action in the District courts to enjoin the violation or threatened violation of this article, or to obtain declaratory judgment relief, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the Village to undertake any construction or other activity necessary to bring about compliance with the provisions of this article.

16

1.5.8 Occupancy Violation . Whenever any structure is being used contrary to the provisions of this article, the city may order such use discontinued and the structure, or portion thereof, shall be vacated by notice served on any person causing such use to be continued. Such person shall discontinue to use within ten (10) days after receipt of such notice or make the structure, or portion thereof, comply with the requirements of this article; provided however, that in the event of an unsafe building, subsection (8) of this section shall apply.

1.5.9 Liability. Any person charged with the enforcement of this article for the city, acting in good faith and without malice in the discharge of his duties, shall not be liable personally and he/she is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the lawful discharge of official duties. Any suit brought against such person because of any act or omission in the performance of official duties shall be defended by the city attorney until final termination of the proceeding.

1.5.10 Permit Application.A. The city shall receive all applications for building, site development and

utility development permits for the city. The City Secretary, or his/her designee, may confer with applicants to advise them on city ordinances, regulations and procedures applicable to their request. When all requirements are met, the applicants’ building plans shall be submitted for approval in accordance with Section 3.110.

B. The City Secretary, or his/her designee, shall have final approval authority for all building permits within the city. If the city denies the application, the applicant may appeal to the board of adjustments in accordance with Section 3.125.

1.6 Sec. 3.106 Building Code This section contains the building code for the city and, are hereby adopted and made part of this article with the following requirements, amendments, and clarifications: 2009 International Building Code 2009 International Residential Code for One- and Two-Family Dwellings 2003 International Fire Code 20?? Fuel Gas Code 2008 International Energy Conservation Code 2009 Existing Building Code International Property Maintenance Code, with all appendices, except:

- Appendix A Employee Qualifications- Appendix B Board of Appeals- Appendix D Fire Districts- Appendix H Signs

17

Andy Fogarasi, 10/13/17,

Per Kellie; Need to review these exceptions with what has been adopted in 2009 IRC ICC etc. to make sure these are still applicable to those years.


Again, a staff member should have this responsibility to eliminate politics of these types of decisions. Council should discuss who the designee should be.


Not in zoning ordinance but highly recommend this is included.

- Appendix J Grading- Appendix K ICC Electrical Code of the International Building Code- Appendix L Permit Fees of the International Residential Code- Appendix A Board of Appeals of the International Fire Code (such appendices are not adopted)

1.6.1 Exterior . No building or structure shall be placed or maintained on any lot in the city with outside walls which are not finished with a protected coating or covering sufficient to protect said building or structure from deterioration and the action of the elements.

1.6.2 Building Materials Construction Equipment. Per Council – Delete this restriction

1.6.3 Address . All principal buildings shall have address numbers at least four inches (4") tall displayed in a prominent place on the front of such building or on a sign in the building’s front yard, and able to be clearly seen from a street adjoining the property on which the building is located to identify the address to police, emergency medical service and firefighting personnel.

1.7 Sec. 3.107 Plumbing Code

1.7.1 Plumbing code for the city .A. The purpose and intent of this section is to regulate the construction,

erection, and enlargement, alteration or repair of all fittings, fixtures, etc., used for conduction of water and wastewater in, on, or about any premises.

B. The 2009 International Plumbing Code and LCRA-On-Site Sewage Facilities, including all appendices, except Appendix A Plumbing Permit Fee Schedule, are hereby adopted as part of this article, except as amended by this section.

C. Deleted – No sewage or public water system in VolenteD. Deleted – No sewage or public water system in Volente

1.8 Sec. 3.108 Electrical Code Electrical code for the city.

1.8.1 2009 National Electrical Code . The 2009 National Electrical Code including all appendices is hereby adopted as part of this article, except where this section clarifies or is more stringent.

1.8.2 Aluminum Wiring.No aluminum wiring shall be used within any structure. Aluminum wire may be used outside a building for service, provided it is one size larger than the required size for copper.

18


Are there any nonconforming structures with aluminum wiring?


No water or wastewater service in Volente. Delete


Should require all new construction of buildings to get an address assigned with the City of Austin Addressing Services. They coordinate the addressing via interlocal agreement I believe, This is for 911 too.

David Gordon, 10/13/17,

discuss


Nothing discussed in Zoning ordinances about exterior of buildings. Lakeway requires all buildings have 3 sides masonry. Lago Vista just says to have protective coating. Council need to discuss what types of exteriors the village would like or if no one cares what they are made of use this section.


Discuss


Per Council, include if IRC does not address.

1.8.3 Licensed and Registered Electricians. All wiring and all electrical work within the city shall be performed by a person holding a license issued from the state department of licensing and regulations and shall be registered with the city.Exception: A homeowner performing electrical work on his residence, and having ownership thereof, and after obtaining a homeowner’s permit from the city, and paying all permit fees, may do his own work.

1.8.4 Wire Size. No wire smaller than #12 copper shall be used.Exception: #14 copper may be used above the switch leg to feed a maximum of 3 lights.

1.8.5 Circuit Size.A maximum of 12 outlets shall be allowed on a #12 wiring circuit.

1.8.6 Wiring in Ducts.All wiring installed in air-ventilation ducts shall be plenum rated.

1.8.7 Kitchen Island Outlet Spacing.Per Council – delete section

1.8.8 Outside Electrical Disconnects.All buildings where wiring is installed shall have an outside main disconnect readily accessible to the fire department. All commercial buildings and multifamily dwellings shall have the building address and suite or apartment number permanently marked on each disconnect.

1.8.9 Wiring Conduit.All wiring rated at 120 volts or more and all secondary, device-control wiring installed in commercial buildings shall be in conduit. All wiring installed in plenums shall be installed in metallic, flexible metal, or high-density polyethylene conduit.

1.8.10 Application for Permit. The application for a permit required in this subsection shall describe the work to be done and shall be made in writing by a person holding the proper electrician’s license. The permit when issued shall be issued to such applicant to cover such work as described and detailed. Any changes or additions must be covered by additional permits at the time changes are made. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether or not the installation as described will be in conformity with the requirements of this article.

1.8.11 Submitting Plans and Specifications; Criteria for Issuance of Permit. A. Plans and Specifications . With each application for an electrical permit, when

required by the City Secretary, or his/her designee, for enforcement of this article, two sets of plans and specifications shall be submitted. The City

19

Secretary, or his/her designee, may require that such plans and specifications be prepared and designed by and bear the seal of a registered professional electrical engineer licensed by the state to practice as such.

B. Issuance Criteria . i. The application, plans and specifications filed by an applicant for an

electrical permit shall be checked by the City Secretary, or his/her designee,. Such plans may be reviewed by other departments of the city to check compliance with laws and ordinances under their jurisdiction. If the City Secretary, or his/her designee, is satisfied that the work described in an application for the permit and the plans filed therewith conform to the requirements of this article and other pertinent laws and ordinances, he shall issue a permit therefor to the applicant.

ii. When the City Secretary, or his/her designee, issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications, “approved.”

iii. The City Secretary, or his/her designee, may issue an electrical permit covering part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been made complying with all pertinent requirements of this article. The holder of such permit may proceed without assurance that the permit covering the work in the entire building or structure will be granted.

1.8.12 Issuance and Display of Permit . A. Plans, specifications and schedule shall not be submitted and will not be

examined under this article, unless the plans, specifications and schedule are submitted by the holder of the proper electrician’s license or electrical sign contractor’s license. If it is found that the installation as described will in general conform to the requirements of this section and if the applicant has complied with all provisions of this article and all applicable ordinances of the city, a permit for such installation shall be issued.

B. On all new construction, the permit for electrical work shall be displayed in a readily accessible location, or as directed by the City Secretary, or his/her designee, throughout the time such installation, as is covered by the permit, is being installed.

1.8.13 Effect of Issuance and Display of Permit . Sec. 3.108 Electrical CodeA. The issuing or granting of an electrical permit or approval of plans and

specifications shall not be construed to be a permit for or an approval of any violation of any of the provisions of this article or any other ordinance. No permit presuming to give authority to violate or cancel the provisions of this article shall be valid, except insofar as the work or use which it authorizes is lawful.

B. The issuance of a permit based upon plans and specifications shall not prevent the City Secretary, or his/her designee, from thereafter requiring the correction of errors in plans and specifications or from preventing building

20


Who has this role?


Could this be ATS? Are they Volente’s Building Official?


Need to designate one


Per Kellie: Who is this for Volente? Village Secretary?

operations from being carried on thereunder when in violation of this article or any other ordinance of the city pertaining thereto.

1.8.14 Lapse of Permit . Every permit issued by the City Secretary, or his/her designee, under this section shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or if the building or work authorized by permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided, further, that such suspension or abandonment has not exceeded one year.

1.8.15 Remedying Dangerous or Unsafe Conditions . Where wires or apparatus are found in a dangerous or unsafe condition or are deemed to be an interference with the work of the fire department, the City Secretary, or his/her designee, shall notify the person owning, using or operating them to place them in a safe, secure and noninterfering condition. Any person failing, neglecting or refusing within a reasonable time to make the necessary repairs or changes and have the necessary work completed within 24 hours after the receipt of the notice shall be deemed guilty of violation of this article, and every day which shall elapse after the expiration of the reasonable time until the wires and apparatus are repaired, removed or changed as required by the City Secretary, or his/her designee, or fire marshal may be considered a separate offense within the intent and meaning of this article.

1.8.16 Turning Off Current by Fire Chief or City Secretary, or His/Her Designee . The chief of the fire department Travis County Emergency Services District 14 (ESD 14, the City Secretary, or his/her designee, or a competent person delegated by them or either of them shall have the power to at once cause the removal of all wires or the turning off of all electric current where the circuits interfere with the work of the fire department during the progress of a fire. The City Secretary, or his/her designee, is hereby authorized and empowered to cause the turning off of electric current from all conductors or apparatus which are deemed by him to be an unsafe condition or which have not been installed in conformity with this article.

1.9 Sec. 3.109 Mechanical, Fuel/Gas Code, and Energy Efficiency

1.9.1 Mechanical code of the city .A. The purpose and intent of this section is to provide certain minimum

standards, provisions, and requirements for safe and suitable design, material and methods of installation, construction, alteration, movement,

21


Need to assign this role. Best if a staff member to eliminate politics of these decisions.


Per Council – for a DANGEROUS condition – 24 hours!


Vague?


Need to assign this role. Best if a staff member to eliminate politics of these decisions.


Per David. Discuss the reasoning of this section.

maintenance, or repair of heating, air-conditioning and refrigeration units in the city.

B. The 2009 International Mechanical Code and all appendices, except Appendix B Recommended Permit Fee Schedule, are hereby adopted as part of this section.

1.9.2 Fuel/gas code of the city .A. The purpose and intent of this section is to provide certain minimum

standards, provisions, requirements and methods of fuel and gas infrastructure in the city.

B. The 2009International Fuel Gas Code and all appendices, except sections 106.5.3, 106.5.4, and 109 are hereby adopted as part of this section.

1.9.3 Energy conservation code of the city .A. The purpose and intent of this section is to provide certain minimum

standards, provisions, requirements and methods to reduce energy consumption in the city.

B. The 2009 International Energy Conservation Code and all appendices are hereby adopted as part of this section.

1.10 Sec. 3.110 Permits and/or ApprovalsPermits shall only be obtained under the following rules and regulations.

1.10.1 Work Requiring Approval and/or Permit .A. Permit Required . It is unlawful for any person or entity to erect, construct,

enlarge, alter, perform repairs, move, improve, remove, convert, demolish any building, structure or mobile home, or to install plumbing, electrical, mechanical, or irrigation systems governed by the aforementioned codes or state statutes, without first obtaining a city permit.

B. Work Exempt from Permit. An owner may make minor improvements and repairs on any structure without a permit provided such improvements and repairs are not regulated by this section or other ordinances and/or building codes. An owner planning such improvements and/or repairs shall first contact the city to determine in each instance whether or not a permit is required. The City Secretary, or his/her designee,, a building inspector or their designee shall have the right to inspect all such improvements and/or repairs. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (2009 IRC)

a. Building: 1. One-story detached accessory structures used as tool and storage

sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m 2).

2. Fences not over 6 feet (1829 mm) high.

22


Need an exemption section. This is too tight.Current:A building permit is not required for the following:(1) Painting, wallpapering, tiling, carpeting, installing cabinets or countertops, or similar work;(2) Constructing one-story detached accessory structures used as storage sheds, playhouses, or similar uses, provided the floor area does not exceed twenty (20) square feet;(3) Installing prefabricated above-ground swimming pools that are less than twenty-four (24) inches deep and do not exceed five thousand (5000) gallons; or(4) Performing ordinary maintenance.I have not found any permitting process in Travis C. for remodel or DIY exemption


The 2009 IRC has a list of things that do not require permits. Since Volente has adopted the 2009 IRC here is what it says about things that are exempt from permits. This is uniform across all Cities in the State of Texas:RI05.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of \his jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m 2 ). 2. Fences not over 6 feet (1829 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (1 8927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and ttydriveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m 2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equip- ments approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. RI05.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 2009 INTERNATIONAL RESIDENTIAL CODE®

3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (1 8927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and

similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610

mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not

project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m 2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.

b. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets

therefor. 3. Replacement of branch circuit overcurrent devices of the required

capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment

operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment approved permanently installed receptacles.

c. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of

equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed

piping system and are not interconnected to a power grid.

d. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot- or chilled-water piping within any heating or cooling

equipment regulated by this code.

23

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54

kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

9. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

10. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

e. Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the City Secretary, or his/her designee,.

C. Grading/Site Development . Fill dirt may be removed from, or added to an area within the city, and grading or site development may occur only upon approval of the City Secretary, or his/her designee, or his/her designee in accordance with this article and/or the site development regulations. Grading plans signed and sealed by an engineer registered in the state may be required to be submitted to the city prior to obtaining such approval. Generally, no one shall be permitted to deliberately alter the topographic conditions of a lot or parcel of land in any way that would permit additional quantities of water from any source, other than what nature originally intended to flow from his property onto any adjoining property or to concentrate runoff that would cause erosion. Upon consultation and approval of the city, the owner shall direct, through the grading of the property and/or the construction of drainage facilities, drainage runoff to the nearest drainage culvert, public right-of-way with a roadside ditch, drainage easement or natural drainageway.

1.10.2 On-Site Sewage Facility (OSSF) Approval. Before a city building permit of any type will be issued for any construction on an unimproved lot requiring an OSSF, a permit to construct a private sewage facility from the Lower Colorado River Authority (LCRA) must accompany the plans and specifications. A private sewage operating license

24


Who has this role?

must be presented to the city prior to scheduling an inspection for a certificate of occupancy on new construction.

1.10.3 Application Procedures . To obtain a permit the applicant shall file an application on a form provided by the city with the city as provided hereinafter along with the required fee and shall:

A. Utility Extension Cost Estimate (Deleted)

B. Submit the application with two (2) sets of 1/4-inch scale plans or other scale approved by the City Secretary, or his/her designee, and specifications as may be required by the City Secretary, or his/her designee,;

C. Identify and describe the work to be covered by the permit for which application is made;

D. Describe the site on which the proposed work is to be done, by lot, section, tract, and house or structure and street address, or similar description that will readily identify and definitely relocate the proposed work;

E. Indicate the use or occupancy for which the proposed work is intended;

F. Be signed by the applicant or his authorized agent who may be required to submit evidence to indicate such authority;

G. Give supplemental information as reasonably may be required by the city after preliminary review of application and plans; and

H. Submit a statement by the owner or the owner’s representative as to whether or not the property is within the one-percent annual chance floodplain.

1.10.4 Site Plans .A. Single-Family. All applications for single-family building permits shall be

accompanied by a site plan for each set of plans, drawn to a scale of no less than one inch (1") equals twenty feet (20'). The site plan shall contain the following:

i. A legal description of the land included on the site plan and of the lot, the addresses and telephone numbers of the owner, builder, and the designer or architect;

ii. Lot, block, section and street number;iii. Natural drainage features such as watercourses, springs and ponds;iv. Location and dimensions of easements and setback requirements as

outlined in subdivision plats, restrictive covenants and this section;v. Floodplain elevations, if the lot is subject to inundation by the one-

percent annual chance storm. If such building or living unit’s

25


Who has this role?


Deleted – No City Utilities

foundation is within the floodplain, the following procedure will apply:a) Prior to obtaining a building permit, the applicant shall furnish the

city an elevation certificate and a letter from an architect, professional engineer or surveyor, stating that an elevation control point (temporary benchmark) has been established on the property, and indicate the elevation of the temporary benchmark, along with the floodplain elevation.

b) Immediately upon completion of the first habitable floor level, the applicant shall return properly completed FEMA elevation certificate certifying that the first habitable floor elevation is one (1) foot above the base flood elevation (BFE) (the elevation inundated by the one-percent annual chance storm).

c) Any other information required by the city flood damage prevention ordinance.

vi. Location of proposed walks, driveways and culverts.vii. The shape, size and location of all buildings, including roof overhangs,

decks, or other structures to be erected, altered, or moved, and of any buildings or other structures already on the lot.

viii. The site plan shall address the drainage patterns that affect the lot or any other lots or properties that may be adversely affected by the development of the lot. Drainage water leaving a site shall be directed to a road side ditch or to a drainage easement with a defined ditch. The site plan shall verify that the runoff will not drain on to a downstream neighbor’s yard uncontrolled. The site plan shall determine and show the drainage patterns coming onto the lot and leaving the lot. The drainage patterns shall be determined at least two lots away including two lots depths across the street, two lots on either side of and two lots behind the lot being developed. The drainage patterns of the roadside ditch, drainage culverts, including driveway culverts existing and proposed, shall be determined and shown on the site plan. The City Secretary, or his/her designee, or his designee may require a registered professional engineer provide plans and calculations for approval to ensure that there will be no adverse drainage or runoff impacts created by proposed grading or topographic change or construction.

ix. A tree survey in accordance with the city tree preservation ordinance. Show which trees will be removed.

x. An irrigation plan, if such is proposed.B. Multifamily, Commercial and Other Development. Site plans for any

development which is not either single-family shall be in accordance with the city’s site development ordinance as amended from time to time.

26


Site Plan Ordinance is in old site development ordinances for Volente


Require in VoV?


See VoV Section 33.323 Tree Removal Permit


Volente doesn’t have a landscape and tree preservation ordinance. There is a small section in Sec 9.05.071 regarding Application for tree removal permit approval. The City of Lakeway has adopted the same tree preservation standards as the City of Austin. Haven’t seen anything in these Lago Vista Ordinances that reference tree protection. May need a separate ordinance for this.

1.10.5 Construction Plans and Specifications . For all contemplated construction on the site at least two (2) sets of plans at a scale approved by the City Secretary, or his/her designee, shall be provided to the city and such plans shall include at least the following information:

A. Scaled floor plan of each floor and the basement, if any, for each building;B. Plan of all attached decks, porches, covered walkways, attached garage or

carport and all other structures as herein defined;C. Plan shall provide the total square footage of both subsections (A) and (B)

above;D. Location of all permanently installed structures and equipment, such as

closets, storage, plumbing, fixtures, appliances, etc.;E. Location and symbols of all electrical equipment, including switches, outlets,

fixtures, etc.;F. Exterior elevations:

i. All exterior elevations;ii. Wall and roof finish materials;

iii. Dimensions of overhang;iv. Finished floor elevations of the lowest floor and the maximum elevation

of the roof ridge as related to the highest natural contour point of property, and a topographic map of the lot signed by a registered surveyor shall be submitted at the discretion of the city;

G. Structural section:i. Cross section of typical wall construction details;

ii. Scales plan of foundation and pertinent section of typical beams, footings, and girders;

iii. Copy of specifications.H. Submit an energy compliance certificate (REScheck or COMcheck).

1.10.6 Permit Issuance .A. If the work described in an application for permit and the plans filed

therewith conform to the requirements of this section and other pertinent laws, and if the required fees have been paid, the city shall conduct a plan check and if approved may issue a permit to the applicant, subject to corrections, if necessary.

B. Building permit issuance does not include permission to install plumbing, electrical and/or mechanical. Separate permits for that work are required.

C. Only state-licensed master plumbers, electricians, and state-licensed mechanical contractors or those designated in writing to the city by the master may be issued permits after or concurrent with issuance of a building permit to owner or contractor.

D. Deleted by Council – plumbers and electricians are required to registerE. When the city issues a building permit, the city shall endorse in writing and

stamp on all set of plans “approved.” Such approved plans and specifications shall not be changed, modified, or altered without authorization from the city. All work shall be done in accordance with the approved plans as modified.

27


don't need more work


Does Volente want to have this or not? Depends on what energy efficiency standards are used.

1.10.7 Retention of Plans . One set of approved plans and specifications shall be retained by the city, and one (1) set of approved plans and specifications shall be returned to the applicant.

1.10.8 Validity . The issuance or granting of a permit, or approval of plans and specifications, shall not be construed to be authority for, or an approval of, any violation of any of the provisions of this section or any other city ordinance. No permit purporting to give authority, to violate or cancel the provisions of this section, shall be valid, except insofar as the work or use which it authorized is lawful and conforms to the requirements of this section or variance or modification granted pursuant to this article. The issuance of a permit based upon plans and specifications shall not prevent the City Secretary, or his/her designee, or his/her designee from thereafter requiring a correction of errors in said plans and specifications or from preventing building operations being carried on hereunder when in violation of this article or of any other ordinance of the city.

1.10.9 Expiration .A. Building and subcontractor permits issued under the provisions of this

section are valid until such time as the work to be performed under the permit is complete as evidenced by a certificate of occupancy or final inspection issued by the city or for period of time as follows:

i. Accessory structures: Nine (9) months.ii. Residential or commercial structures of 500 to 2,400 square feet: Twelve

(12) months.iii. Residential or commercial structures of 2,401 to 3,600 square feet:

Twenty-four (24) months.iv. Residential or commercial structures over 3,601 square feet: Thirty-Six

(36) months.B. The City Secretary, or his/her designee, or his/her designee may authorize

up to three (3) six-month extensions to any building and/or subcontractor permit for accessory, residential and/or commercial structure if the permittee has exhibited consistent progress on the project or if the permittee established hardship grounds which may warrant such extension in the opinion of the city. Application for such extension should be made in writing through the City Secretary, or his/her designee, or his designee thirty (30) days prior to the expiration of the initial or extended permit and shall pay the renewal fee according to the city’s fee schedule.

C. In the event a building permit has been extended, the structure shall be substantially completed within the additional time period as granted. That is, site preparation shall be complete and the exterior of the structure shall be completed including but not limited to doors, windows, roof, roofing and top out, all fascia, exterior trim and painting. Any structure not completed to this

28


City Secretary?


City Secretary??


Per Council – time periods have been changed


Discuss if we want this.


Who has this role?

extent at the end of the extension shall be treated as a dangerous or unsafe building.

D. In the event that the permittee has not or will not be able to complete the work authorized under the permit within the three extension periods as provided herein, the permittee may request additional extensions through the city council. Such requests should be presented to the city in written form at least thirty (30) days prior to expiration of the extension period. Additional extensions may be approved or disapproved at the sole discretion of the city council. If additional extensions are approved by the city council, a new permit shall be obtained and a fee as contained in appendix A of this code shall be paid.

E. Every permit issued by the city under the provisions of this article shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred and eighty (180) days from date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of two (2) months.

F. Where work has stopped or been abandoned, as determined by the City Secretary, or his/her designee, and is unfinished, and/or the permit has been revoked or become null and void as provided for in this section, the unfinished work that is not completed to the standards of this article shall be deemed a violation of this article and the property maintenance code for which the permittee and/or the landowner may be held responsible.

1.10.10 Suspension or Revocation . The City Secretary, or his/her designee, may, in writing, suspend or revoke a permit used under the provisions of this section whenever the permit is issued in error, or on the basis of incorrect information or for violations of the provisions of this article or any other city ordinance.

1.10.11 Permit Fees.A. The city has established fees to cover the costs of applications, plan review,

inspections and other expenses incurred by the city in the administration of this article. Where work, for which a permit is required by this article, is commenced prior to obtaining a required permit, the fees specified shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this article in the execution of the work nor from any other penalties prescribed herein. The applicant will be required to comply with all ordinances.

B. In the event applicant withdraws his application submission or does not construct under the issued permit, and has paid a plan review and permit fee, at the request of the applicant the city will refund the building permit fee less fifty (50) percent of the fee to cover the cost of plan review and administrative expenses incurred as a result of the submission. If a plan

29


This is standard in most cities. If you build without a permit and get caught, your fees double.

review fee has been paid, but no permit fee, the plan review fee shall not be returned.

C. In the event the application and/or plans submitted for a building permit do not meet requirements and is rejected by the city for any reason the city shall not refund any plan review fees paid. If there are no plan review fees, fifty (50) percent of the fee may be returned.

D. The city may allow for the transference or credit of fees collected for one permit and/or permit application to another permit and/or permit application. The city allows an applicant or permittee credit for future applications or permits from any other fees collected or overpayment of fees.

1.10.12 Representations by Applicant . All representations, whether oral or written, made by the applicant or his agent in support of an application for any permit under this article become conditions upon which such permit is issued. It shall be unlawful for any applicant to vary from such representations without first applying to amend the permit and receiving approval by the city.

1.10.13 Setback Verification . A form survey, prepared by a state-licensed surveyor, is required for any new principal building, any accessory buildings over one hundred and twenty (120) square feet, additions to any principal or accessory buildings, swimming pools, and decks if the plans submitted indicate it will be closer than ten (10) feet to any building setback and/or property line.

1.11 Sec. 3.111 Applicant’s LiabilityThe provisions of this article shall not be construed as relieving or limiting in any way the responsibility or liability of any person, firm or corporation erecting or owning any structure from personal injury or property damage resulting from the erection of a structure, or resulting from the negligence or willful acts of such person, firm or corporation or its agents, employees or workmen in the design, construction, maintenance, repair, operation, or removal of any structure in accordance with the permit issued under the provisions of this article.

1.12 Sec. 3.112 Inspection RequirementsThis section proscribes the inspection requirements for this article.

1.12.1 General . All construction or work for which a permit is required shall be subject to inspection by the city or its agent(s).

1.12.2 Inspection Record Card . No work requiring a building permit shall be commenced until the permit holder or its agent shall have posted the permit card along with the lot number in a conspicuous place on the front of the premises and in such a position as to allow the city or its agent to conveniently make the required

30


Does Volente want to keep this?


Can we eliminate this?

entries thereon regarding inspection of work. This card shall be maintained in such position by the permit holder until the certificate of occupancy has been issued.

1.12.3 Approval Required . No work shall be done on any part of the building or structure which would cover up work which would require inspection until proper inspection has been made. There shall be a final inspection and approval of all buildings or structures by the city when completed.

1.12.4 Required Inspections .A. Residential .

i. Inspection #1 . To be called when:a. Layout Inspection. All property corner pins located and flagged, string

lines stretched along property lines, easement boundaries flagged, foundation staked out, all required erosion-control devices are installed, culverts installed and the building permit card and lot number posted.

b. Plumbing Rough. The drain waste, water lines and the slab.c. Form survey as required by section 3.110(13).

ii. Inspection #2 . To be called when:a. Foundation Inspection. Trenches excavated, forms erected, the vapor

barrier in place and reinforcing steel in place, changes in slab elevation(s) installed and ready to pour.

b. Plumbing Rough. Water or wastewater pipe in place.iii. Inspection #3 . To be called when:

a. Frame Inspection. Roof, all framing, fireplaces (metal) in place, fire blocking and bracing in place, all pipes and vents installed.

b. Plumbing Top-Out. All pipes in place, supports connected, , vent takeoffs, water heater location, trap arm installed, but prior to covering walls.

c. Mechanical Rough. All duct work and vents in place. All furnace closets and/or catwalks in the attic completed.

d. Electrical Rough. All wiring, boxes, piping, and so forth that are to be covered installed, but prior to wall covering.

e. Exterior moisture barrier/stucco lath to be in place and ready to cover. All holes, tears, or gaps repaired.

iv. Inspection #4. Insulation in all areas.v. Inspection #5 . Prior to performance of final and C.O. inspection, all

necessary approvals, such as but not limited to septic systems, must be received by the city. To be called when:a. Building Final. Building complete and ready for occupancy, including

minimum four (4) inch street address numbers prominently displayed on front of structure.

31


Do we need this for health and safety?

b. Plumbing Final. All valves and fixtures installed, all vents completed, and tests on water and gas systems ready to be inspected. All PVC vents exposed to sunlight to be painted.

c. Mechanical Final. All equipment, including dryer vents, stove hoods, and furnace vents installed and ready for use. All supply and return air grills installed.

d. Electrical Final. All fixtures, switches, receptacles and appliances installed and meter loop in place.

e. Certificate of Occupancy. Upon obtaining final approval, the city building inspector will perform a certificate of occupancy inspection.

B. Mobile, Prefabricated or Manufactured Homes (Deleted) C. Commercial Buildings . Same basic requirements as for residential unless

during the plan check it is determined that additional or different inspections or requirements are needed. A form survey will be required in accordance with section 3.110(13) at the time of layout inspection.

1.12.5 Other Inspections . At the discretion of the City Secretary, or his/her designee, in addition to the required inspections specified above, the city may require additional inspections on any construction work to ascertain compliance with the provisions of this article or other ordinances. A form survey will be required in accordance with section 3.110(13) at the time of layout inspection.

1.12.6 Pools . All public and semipublic pools shall be subject to inspection for compliance with state and local laws. Inspections may be performed by any qualified individual so designated by the City Secretary, or his/her designee,. Fees for inspectional service will be assessed in accordance with appendix A of this code. A form survey will be required in accordance with section 3.110(13) at the time of layout inspection.

1.13 Sec. 3.113 Certificate of OccupancyThis section proscribes the requirements for a certificate of occupancy.

1.13.1 Use or Occupancy . No building or structure shall be occupied and no change in the existing occupancy classifications of the building or structure or portion thereof shall be made until the city has issued a certificate of occupancy as provided in this article.

1.13.2 Change in Use . Changes in the occupancy class or use of a building or structure shall not be made except in compliance with this article.

32


Not allowed in VoV Per Kellie: Didn’t Volente decide no mobile homes? Can prohibit prior to 1976 Mobile homes but not HUD homes. A city cannot require a permit for the installation of a HUD-Code manufacturedhome by a licensed retailer or installer. So may want to keep about foundation etc.

1.13.3 Certificate Issued . After final inspection (except mobile homes) when it is found that the building or structure complies with the provisions of all city ordinances the city shall issue a certificate of occupancy which shall contain the following:

A. The use and occupancy for which the certificate is issued;B. The permit number of the building or structure;C. The address of the building or structure;D. The name and address of the owner; andE. The name of the city inspector or agent making the inspection.

1.13.4 Records of Certification. A record of all certificates of occupancy shall be kept on file in the office of the city.

1.13.5 Compliance required for Certificate of Occupancy . No certificate of occupancy shall be issued until permanent erosion control has been installed according to this code. The City Secretary, or his/her designee, may issue a temporary certificate of occupancy for specified times and under any conditions the City Secretary, or his/her designee, may deem appropriate to ensure compliance with this code.

1.14 Sec. 3.114 Blasting Operations (see VoV Ordinance “Article 4.06 BLASTING”)

1.15 Sec. 3.115 Reserved

1.16 Sec. 3.116 Utility Development and Maintenance in Streets and Rights-of-Way

This section regulates any excavation of openings in city streets and rights-of-way necessary for the installation or maintenance of underground utilities of all types and for construction of streets and drainage for development of lots or subdivisions.

1.16.1 Street, Road and Drainage Construction . All streets, roads, and drainage areas will be constructed in accordance with the city standard drawings and specifications and this code.

1.16.2 Street Restoration . All of the work of excavating or making an opening in any city street or rights-of-way and restoring the street and/or shoulder to a condition at least as good as it was before work began shall be conducted in a quality workmanlike manner. All such work not completed within forty-five (45) days requires a waiver from the city. If the street is in disrepair before construction begins, the contractor should have photos of same to verify the condition at completion of repairs.

33

1.16.3 Utility Development or Maintenance Permit . It shall be unlawful for any person to make any excavation or opening in public city streets or rights-of-way without first providing notification and/or as appropriate obtaining a permit. An exception will be made for a public utility or electric cooperative to make emergency repairs without a permit provided the city shall be notified promptly of such excavation or opening. To obtain a utility development or maintenance permit, the applicant shall first provide notification and/or file an application in writing on a form provided by the city. A site visit may be required at the discretion of the City Secretary, or his/her designee, to determine location of street condition prior to such work. Each application shall be accompanied by the required fee and shall:

A. Identify the location of proposed work to include street address and exact location of all proposed cuts;

B. Describe the work to be covered by the permit to include drawings, if appropriate, purpose of cut, method of backfill and stabilization, and surface treatment;

C. Applicant will certify that all other utilities have been notified and their service lines have been located if within twenty-five feet (25') of the proposed cut;

D. Specify the beginning and estimated ending date of the proposed cuts and repairs;

E. Be signed by the applicant, or his authorized agent, who may be required to submit evidence to indicate such authority; and

F. Give such other information as reasonably may be required by the city council or City Secretary, or his/her designee, who shall have permit approval authority.

G. All street repairs shall be inspected by the city.

1.17 Sec. 3.117 Private Driveway or Parking ApronThis section regulates the construction of a temporary or permanent driveway or parking apron affording access by vehicles to private property abutting any public street in the city and outlines the procedures for obtaining a permit and certificate of occupancy.

1.17.1 Concrete Driveways - Deleted

1.17.2 Impact to Existing Street .No existing pavement in a street shall be cut or overlaid by an abutting access driveway or parking apron. Driveways and other structures will not encroach upon rights-of-way in front of adjoining properties. When a concrete driveway or parking apron crosses the property line, an expansion joint is required on the property line at the street right-of-way to permit utility cuts to be made with minimum damage to the structure.

34


See VoV Section 33.335


Who is designated here?


Who has this role?

1.17.3 Drainage Culvert .Where required for the drainage of surface water, a culvert of sufficient size, with a minimum size of eighteen inches (18") in diameter, to ensure proper drainage of all water from the property concerned and to preclude overflow onto other adjacent property shall be installed before a parking apron or access driveway of any type, temporary or permanent, is constructed across a street right-of-way.

1.17.4 Damage to Street .Damage to any street resulting from the construction of a parking apron or access driveway shall be repaired by the builder to at least the condition as it was before the construction was performed. If the street is not in good condition before construction begins, the builder should either take pictures or ask for a walkthrough with the City Secretary, or his/her designee, to verify the condition for the record.

1.18 Sec. 3.118 Construction, Structures and/or Equipment in Rights-of-WayThis section regulates all activity of any type in the rights-of-way along public streets in the city.

1.18.1 Construction in Rights-of-Way .No person, firm or corporation shall construct, erect or maintain any post, pillar, wall, fence, temporary building, toilet, equipment, driveway, sign or other structure, or plant or maintain any hedge, tree, shrub, or other material, including construction materials, on the rights-of-way of any street, or any easement in the city unless permitted by the City Secretary, or his/her designee.

1.18.2 Mailboxes in Rights-of-Way . The location of mailboxes and supporting structures on the unpaved portion of any street right-of-way in the city shall be approved by the city, provided mailboxes and supporting structures shall be located not less than one foot (1') from the edge of the street pavement and meet postal regulations.

1.18.3 Other Structures near Pavement Edge .As a general rule, no retaining walls, corner posts, light supports, pillars, driveway markers and etc. will be constructed or erected nearer than five feet (5') from the pavement edge. All such construction requires the prior written approval of the city.

1.18.4 Removal of Structures by City .In addition to the penalty provisions of this article, the city may remove any of the structures, equipment, plants or other materials prohibited by this article and in so doing the city, its officers, agents, and employees shall not be liable to the owners thereof. Any expense incurred by the city for such removals will be charged to the property owner. The provisions of this section may not be applicable to structures constructed prior to 2003

35


Indestructible mailboxes in right of way allowed? Posing a hazard?


Hedge, tree or shrub in any easement without permit?


I believe this should be required.


ok with me


Delete or Modify?

1.19 Sec. 3.119 Restoration of Public Streets, Including Rights-of-Way, Shoulders and Drainage Ditches

Upon the completion of any construction activity authorized by a city permit, or in the event a permit is suspended or revoked for noncompliance, the permit holder shall immediately commence operations to restore any public streets, rights-of-way, street shoulders and drainage ditches to a condition at least as good as that existing before the permit holder’s activity commenced. The City Secretary, or his/her designee shall be authorized at its election, to take charge of the work and restore the area to its proper condition and shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the city in restoring the area including, but not limited to, the cost of labor, materials, equipment, overhead, and attorney’s fees.

1.20 Sec. 3.120 Removal of All Construction MaterialsThis section contains the requirements for removal of construction material and debris.

1.20.1 Material Included . This section includes broken or discarded material, machinery, trash, litter, rubbish, brush, garbage, paper, debris and concrete.

1.20.2 Distance of Material Included .For the purpose of this section, any construction material located within one hundred feet (100') of any construction site may be presumed to be from that construction site, unless the builder notifies the city in advance of construction that construction materials are present on adjacent lots. Construction materials include any broken or discarded materials, machinery, trash, litter, rubbish, brush, garbage, paper, debris and concrete.

1.20.3 Trash Containment .Trash will be controlled in suitable containers or areas to preclude dispersal by natural elements.

1.20.4 Remedy of Failure .In the event such cleanup is not accomplished to the satisfaction of the city, the city may issue a stop work order, perform no inspections, and deny the issuance of a certificate of occupancy. The city shall be authorized at its election, to take charge of the work and restore the area to its proper condition and shall be entitled to recover from the permit holder or landowner by civil and/or criminal action the actual expenses incurred by the city in restoring the area, including, but not limited to, the cost of labor, materials, overhead, use or rental of any equipment used in restoring the area and attorney’s fees. For such purposes, the city shall have the right to recover directly upon any bond posted by or on behalf of the permit holder in favor of the city, securing compliance with this articles of the city in the performance of said work.

36

1.20.5 Debris on City Streets .All sites must be clean of litter and debris during the construction and all mud, dirt, rock or other material on city streets shall be removed upon occurrence but no later than twenty-four (24) hours after notice by the City Secretary, or his/her designee.

1.21 Sec. 3.121 Bonds or Deposits RequiredThe City Secretary, or his/her designee may require the applicant to post a performance bond in an amount and form acceptable to the city attorney prior to the initiation of the project.

1.22 Sec. 3.122 Reserved

1.23 Sec. 3.123 Minimum Standards for All Residential Buildings

1.23.1 Compliance . (review necessary for what is allowed in setbacks )Every building, structure, or part thereof erected or altered, or used for residential use in the city containing one or more dwelling units shall conform to the provisions of this article.

1) Exceptions. The following structures may be located within the front yard setback and in the side yard setbacks for corner lotsa) Driveways, parking aprons and required culverts;b) Mailbox structures;c) Walkways and reasonable landscaping structures;d) Retaining walls;e) Driveway and walkway marking pillars and lightning supports;f) Screened or buried solid waste container (multifamily only);g) Buried septic system.

2) Exceptions. The following structures may be located within side yard setbacks:a) Walkways, golf cart paths, and reasonable landscaping structures;b) Retaining walls;c) Buried septic systems.

3) Exceptions. The following structures may be located within rear yard setbacks:a) Retaining walls, providing ample provision is allowed for drainage

structures should such be required;b) Drainage structures;c) Fences;d) Air-conditioning compressors, heat pumps and similar equipment and

required screening;e) Screened solid waste containers;f) Boat docks;g) Decks and patios of wood or concrete are allowed, if they are not covered;

andh) Swimming pools.

37


not addressed in zoning


I disagree. Setbacks established by zoning ordinances. The listed items here should be fine.

i) Portable storage structures (see zoning 9.02.041(e))4) Construction Over Easements. Construction over easements is generally not

allowed. The City Secretary, or his designee may permit this. However, it shall be fully understood and agreed that construction of any type over dedicated utility or drainage easements may have to be removed at the owners expense should the use of such easements be required by the entity benefiting from the easement or be required to provide adequate drainage or easements elsewhere.

1.23.2 Driveways, Off-Street Parking and Access to Public Streets . Each single-family dwelling unit in the city shall be on a lot abutting a public or platted private street. Multifamily dwellings, including patio homes, condominiums and townhouse projects?, shall have access to a public street or a paved private street. The access must have and maintain an appropriate legal character or agreement which adequately provides for street repairs and maintenance. All structures and dwellings of any type shall be so located on lots so as to provide safe, convenient access for police and fire protection.

1.23.3 Exterior Lights . (Ref VoV Ordinance 8.03 and 9.02 and 9.05.120? ) No exterior lighting shall be permitted which shines directly into the eyes of an occupant of a vehicle upon any public or private road. Exterior lighting which uses a light bulb of more than 100 watts incandescent or a halogen bulb equal to 100 watts incandescent shall be located such that the lighting shines toward the primary structure on the lot or if attached to the primary structure then the lighting must shine straight down. Lighting located within the sides of a swimming pool may use light bulbs up to 400 watts incandescent or equivalent provided the lights shine in a horizontal direction. All decorative lighting that uses a light bulb of 100 watts incandescent or equivalent or less shall be allowed and does not need to be shielded. No exterior lighting shall be allowed which interferes with the visibility or readability of any traffic sign or device. No exterior lighting may be placed on a lot that does not have a primary structure on the lot. The city may authorize the installation of properly shielded street lighting.

1.23.4 Swimming Pool Fences . Every outdoor swimming pool constructed or installed after the effective date of this article shall be completely enclosed by a fence, or a wall, or a combination thereof, which is not less than four (4) feet in height. The fence and/or wall shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in any dimension except for doors and gates. If a picket fence is erected or maintained, the horizontal spacing between pickets shall not exceed four (4) inches. The walls of a dwelling, house, or accessory building may be used as part of such enclosure. All gates and doors opening through an enclosure required shall be equipped with a self-closing device for keeping the gate or door securely closed at all times when not in actual use, provided that a door of any dwelling or accessory building which forms a

38


I don't understand the dating in this section if it is allowing grandfathering or not. We need to clarify and cleanup


It seems cleaner to rely on our nuisance ord.


Must match VoV definition of multi-family


Portable Storage Structure added by Kellie

part of the enclosure need not be so equipped. This section shall be applicable to all existing swimming pools, other than indoor pools, effective April 15, 2003. No person in possession of land within the city, whether as owner, purchaser, lessee, or tenant upon which a swimming pool is constructed or installed after the effective date of this article shall fail to provide and maintain a secure enclosure around such swimming pool. Persons owning pools on the effective date of this article may make application to the city council which may authorize modifications , upon a showing of good cause with respect to the height, nature or location of the fence, wall, gate or latch, or the necessity therefor, provided the minimum level of protection and security intended by this article is not reduced thereby. The City Secretary, or his designee may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gates, and latch required.

State law references–Swimming pool enclosures, V.T.C.A., Local Government Code, sec. 214.101 et seq.

1.23.5 Fire Warning System . Each dwelling unit shall be provided with smoke detectors in conformance with the standards contained in the IBC, IRC and/or the IFC.

1.23.6 Floor Area . Each dwelling unit shall contain a minimum floor area as required by the zoning ordinance.

1.23.7 Garages and Carports . All single-family or duplex units in the city will be designed with a garage that is a minimum of four hundred (400) square feet in size. A carport, in addition to a garage, shall be designed with adequate storage compartments to prevent unsightly storage in public view. Enclosing an existing carport or garage into the living area shall not be approved unless a new garage is added and the floor level of the existing carport/garage is approved to meet building code criteria for a living area (see Section 7.20 of the zoning ordinance). All other dwelling units will have adequate enclosed storage of not less than twenty-five (25) square feet, in addition to the parking requirements of the city’s zoning ordinance.

1.23.8 Mobile Home/Manufactured Housing . Where applicable to municipal authority, this article subscribes to the Texas Manufacture of Housing Standards Act.

1) All manufactured housing (mobile and modular industrialized housing) shall be installed by either the owner, after acquiring a temporary installer’s certificate from the state, or an installer registered with the Texas Department of Labor Standards. If the owner intends to use a registered installer to transport and/or install a manufactured home, he must enter

39


Can Not Delete?


not in our zoning


Delete Garage Requirement?


Refer to VoV Zoning Ordinances


Correct. Volente has adopted each of these via Ordinance No. 2010-O-114.


There should be a discussion about the pools at the beach club. I do not know when they were built or what fencing they have or when they were last inspected. But the Beach Club needs to be kept in mind with this section.


Not zoned


Paragraph regarding Hotels and Motels is deleted as these are not zoned for use in VoV.


Adjust date to match VoV adoption date.

name, address, phone and installer’s state registration number of the building permit application.

2) The mobile home structure shall be classified and treated in accordance with the criteria established by the federal and state statutes, regulations and consumer law.

3) Applications for a building permit for mobile homes shall include the mobile home square footage, manufacturer’s name, date of manufacture, serial number and exterior dimensions (not including the tongue).

4) No mobile home older than five years and no mobile home without the state-approved stamp may be placed on any lot in the city.

5) All modules or modular components must bear an approval decal or insignia, reflecting that they have been inspected by the “Texas Department of Labor and Standards.”

6) The Federal Housing and Urban Development Code Manufactured Home shall be classified and treated in accordance with the criteria established by the federal and state statutes, regulations and consumer law.

State law references–Sanitation and health standards, V.T.C.A., Health and Safety Code, ch. 341; Manufactured Housing Standards Act, V.T.C.A., Occupations Code, ch. 1201; authority to prohibit installation of mobile homes used for residences, V.T.C.A., Occupations Code, sec. 1201.008.

1.23.9 Multifamily Building Height . Multiple residential units will not exceed three stories.

1.23.10 Sewage Facilities. All plumbing fixtures shall be connected by adequate water and drainage lines to a licensed private sewage facility or to an approved, organized sewage disposal system.

1.23.11 Solar Systems . No roof-mounted solar panels will exceed the maximum approved roofline height. Ground-mounted solar panels will not be located within twenty-five feet (25') of a street or golf course.

1.23.12 Utility Connection . It shall be unlawful to connect any utility to a structure for permanent service until authorized by the public utility supplier.

1.23.13 Graywater Sewage Systems - Removed

State law references–Graywater standards, V.T.C.A., Health and Safety Code, sec. 341.039; standards for control of graywater, V.T.C.A., Water Code, sec. 26.0311.

40


I believe this is in here because there are gold courses that use grey water in Lago Vista


not zoned


Reference VoV Zoning Ordinance.


In zoning

1.23.14 Authorized Actions on Failure to Comply .The city is authorized to take actions as appropriate to withhold or request removal of all utility connections to any residential or commercial unit where no action has been taken to correct deficiencies in the building code, or violations of this article.

1.23.15 Patio and Porch Roofing. (Matching requirement Deleted)

1.23.16 Dumpsters.Dumpsters shall be shown on site plans and shall be fully screened on all sides.

1.24 Sec. 3.124 Minimum Standards for Nonresidential Buildings

1.24.1 Requirements in Addition to IBC .In addition to the requirements in the IBC, every building, structure, or part thereof, erected or altered, moved or relocated for nonresidential use in the city shall conform to the following standards, which are deemed to be minimum standards, necessary for the safety, health and general welfare of the residents of the community and to provide for the enhancement of the overall visual image of the city and to encourage some degree of design consistency, by requiring specific exterior materials for all nonresidential buildings.

1.24.2 General Requirements .1) Driveways and Off-Street Parking. Each nonresidential building shall be on a

lot abutting a public or private street, and all structures shall be so located on lots as to provide safe, convenient access for service police and fire protection.,, and minimum off-street parking and loading areas as stated in the zoning ordinance.

2) Exterior Lighting. No exterior lighting is permitted which shines into the eyes of an occupant of a vehicle upon any public or private road or directly into an adjacent property, or where the illumination interferes with the visibility or readability of any traffic sign or device. The city may authorize the installation of properly shielded street lights. All exterior lighting shall meet the requirements of the city’s site development ordinance.(Ordinance 09-11-05-01 adopted 11/5/09) (Lighting Ordinance )

3) Exterior Compressors and Other Equipment. All exterior air-conditioning compressors, mechanical equipment, fuel tanks and devices shall be adequately screened from view from both public and private streets. In no case shall such equipment be located in the front setback area of any residence or commercial establishment, except liquefied petroleum gas containers that are buried in accordance with the general zoning ordinance. (Ordinance 09-11-05-01 adopted 11/5/09; Ordinance 11-11-03-02, sec. 3, adopted 11/3/11)

4) Height. All buildings shall conform to the building heights as listed in the zoning ordinance for the area in which the nonresidential building is to be located.

5) Lot Coverage. Total impervious coverage shall comply with the zoning ordinance and subdivision ordinance.

41


Is this contained in VoV Zoning Ordinance?


Ref VoV Ordinance 8.03 and 9.02 and 9.05.120


seems redundant with zoning


Volente has adopted via Ordinance No. 2010-O-114. Should consider updating these references to something more current. Talk with ATS. I sm not even sure which IBC, IRC, etc. they are actually using. They should be using what has been adopted via ordinance.


Important to have this. Because if for any reason someone fails to comply or get a certificate of occupancy, you can have the utilities (electric at least) cut.

6) Permanent. Modular, prefabricated buildings, and commercial trailers A. Permanent. Modular, prefabricated buildings, and commercial trailers,

new or used, shall not be permitted within the city as a permanent installation.

B. Temporary. Modular, prefabricated buildings, and commercial trailers, new or used, shall be permitted as a temporary installation provided the structure and use meets the following conditions.

i. The above-described structures may be used as a temporary construction office provided the proper permits are obtained, shall be located within the development that it serves, and shall be removed upon completion of the project.

ii. The above-described structures may be used as a temporary sales office provided the proper permits are obtained, the sales are only for property within the development it is located in, and may be a separate structure or shared space within the temporary construction office. Permits for temporary sales office will expire within one year of issuance and are nonrenewable. Within one year of approval, a temporary sales office shall be relocated within a permanent structure, such as within a permitted model home.

7) Utilities Required. All nonresidential buildings, where plumbing is required, shall be connected to a private or public water system, and on-site sewage disposal system, licensed by LCRA, or a public sewer system.

8) Solid Waste Container Storage. Trash storage and recycling areas for attached dwellings and all businesses and industrial buildings or uses shall be accommodated within the structure, or adequate area shall be included on site and indicated on a site plan. All outdoor trash and recycling storage and containers shall be placed on hot mix asphalt, concrete, brick pavers or reinforced concrete and shall be screened from public view by a solid fence or wall of no more than six feet in height.

9) Utility Connection. It shall be unlawful to connect any public utility to any structure for service until authorized by both the city and the public utility supplier.

10)City Right-of-Way. No part of any structure shall intrude upon the city’s right-of-way without the explicit permission of the city council.

11) Exterior Appearance. This subsection shall apply to all nonresidential and multifamily buildings .

A. 75% of the front wall and 75% of each sidewall of all commercial buildings shall consist of or be covered with the following acceptable materials: ( Delete/Modify ?)

i. Fired bricks.ii. Natural or polished stone.

iii. Textured masonry block.iv. Tilt wall concrete panels with architectural details or imbedded textural

materials.v. Applied stucco.

vi. Tile, clay or ceramic.

42

vii. Glass.viii. Split face concrete block.

Note: Painted corrugated sheet metal and concrete impregnated siding are not acceptable materials.

B. Stainless steel, chrome, standing seam and premium grade architectural metal may be used as an architectural accent, but shall not cover more than 10% of the front or any sidewall of the building. ( Delete/Modify ?)

C. Metal overhead doors shall not be located within the front wall or within the required 75% architectural sidewalls of a building. Exceptions: Businesses that require daily auto entrance. ( Delete/Modify ?)

D. Metal roofing shall be permitted provided they are painted with nonglare, nonreflective paint. ( Delete/Modify ?)

12) Dumpsters shall be shown on permit site plans and be screened on all sides.

1.25 Sec. 3.125 Appeal from Denial of a Building Permit, Appeal of a City Official’s Determination, or a Variance Concerning Building Codes

This section provides the procedures for an appeal of the decision to deny a permit, a determination made by a city official related to this section and variances to this article.

1.25.1 Opportunity to Appeal . Any person, company or corporation may not proceed with the construction of any facility unless an approved permit is issued under the provisions of this article. No person may perform electrical work in the city without a license required by this article. The denial of a permit, or a decision made by a city official associated with this article may be appealed to the City Secretary, or his/her designee, and such appeal must be in writing. Any person aggrieved by a decision of the City Secretary, or his/her designee, involving the appeal may appeal such a decision to the board of adjustment. Any person aggrieved by a decision made by the board of adjustment may appeal such decision through petitions to appropriate civil courts.

1.25.2 Time Period for Appeal .An appeal may be made within thirty (30) days from the date of the denial of a permit or a decision by a city official by paying the required fee and by filing with the city secretary a “notice of appeal” specifying the grounds in writing thereof. The city secretary shall forthwith transmit to the board of adjustment all the paper upon which the appeal was made.

1.25.3 Decision of the Board of Adjustment .A. The board of adjustment shall follow the same procedures for variances and

appeals as provided in the city’s zoning ordinance.B. The board of adjustment, when appealed to, shall hold a public hearing

within 30 days of the appeal or request for variance. The board of adjustment may vary the application provision of this article to any particular case when,

43


Delete entire section?

in its opinion, the enforcement thereof would do manifest harm in the public interest, or to a particular individual.

C. A decision of the board of adjustment to vary the application of any provision of this article, or to modify an order of the City Secretary, or his/her designee,, shall specify in what manner such variance or modification is made, other conditions upon which it is made, and the reasons therefor and may add conditions to the variance or appeal.

1.26 Sec. 3.126 PenaltiesThis section prescribes the penalties for violation of the building code.(1) It shall be unlawful for any person, firm or corporation, partnership, or association to erect, construct, enlarge, alter, perform repairs, reside, move, improve, convert, use or occupy, any building or structure or to perform any blasting operations in the city contrary to or in violation of any pertinent provisions of this article, or to cause, permit or suffer the same to be done.(2) Any person violating any provision of this article may be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this article is committed, continued, or permitted. Upon the conviction in court of any such violation, such person shall be punishable by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day that a violation occurs shall constitute a separate offense.(3) The issuance of a permit based upon plans and specifications shall not prevent the city from thereafter requiring the correction of errors in said plans and specifications, or from preventing building operations being carried on hereunder when a violation of this article, or of any other ordinances of the city exists.(4) Preservation or conviction under this provision shall never be a bar to any other remedy for violation of this article.(5) The city is authorized to take actions as appropriate to withhold or request removal of all utility connections to any residential or commercial unit where no action has been taken to correct deficiencies in the building code, or violations of this article.

1.27 Sec. 3.127 FeesThe city may charge fees for services or permits provided for in this article in accordance with Appendix A of this code.

(Ordinance 09-11-05-01 adopted 11/5/09)

2 ARTICLE 3.300 STREET CUTS AND EXCAVATIONS*

2.1 Sec. 3.301 GeneralA. A permit from the Village of Volente, Texas shall be obtained in order to execute

a street cut or excavation of any kind, adjacent to or along side of any roadway, within the corporate city limits of the Village of Volente. Any organization, corporation, or person shall not commence a road cut or excavation without first

44


what does this mean?


clarification?


redundant

notifying the emergency dispatcher, stating the starting time, stating the amount of time the street will be closed or traffic impaired, and stating an estimated time of completion. Any time a street shall be completely closed, the parties herein stated performing the actual work shall provide a temporary crossover for emergency vehicles. The storage of material, adjacent to or on the city’s streets shall not exceed forty-eight (48) hours.

B. Such construction and material shall be barricaded with barricades being clearly visible, both day and night, (with properly installed and operating lights, warning flashing lights mounted on state approved barricades). Road closed or detour signs shall be installed at the most convenient intersecting street or streets or area, in order to allow a vehicle the ability to turn around, and said road closed or detour signs must be lighted and visible for a minimum of five hundred (500) feet.

2.2 Sec. 3.302 FineA fine in accordance with the general penalty provision set forth in Section 1.109 of this code shall be imposed for any violation of this article.


3 ARTICLE 3.400 TRENCH SAFETY

3.1 Sec. 3.401 Purpose and DescriptionThe purpose of this article is to provide for trench safety systems for city projects. It governs construction for all trench excavation to be utilized in the project and includes all additional excavation and backfill necessitated by the safety system. A trench is defined as a narrow excavation (in relation to its length) which exceeds a depth of five feet below the surface of the ground. In general, the depth is greater than the width, but the width of a trench is not greater than 15 feet. Trench safety systems include but are not limited to sloping, sheeting, trench boxes or trench shields, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage.

3.2 Sec. 3.402 Safety SystemOn all projects for the city in which trench excavation will exceed a depth of five feet, the bid specifications and the contract will:A. Require the contractor to construct a trench safety system in accordance with

OSHA standards;B. Include a copy of the current OSHA standards; andC. Require the apparent low (or selected) bidder, after bid opening but before

formal execution of the contract, to submit a trench safety system prepared and sealed by a professional engineer registered in the State of Texas. The contractor will be required to provided the soil borings necessary to design the plan.

45


Who is this?

3.3 Sec. 3.403 Construction MethodsA. Trench safety systems shall be accomplished in accordance with the detailed

specifications set out in the provisions of Excavations, Trenching, and Shoring, Federal Occupational Safety and Health Administration (OSHA) Standards, 29CFR, Part 1926, Subpart P, as amended, including proposed rules published in the Federal Register (Vol. 52, No. 72) on Wednesday, April 15, 1987. The sections that are incorporated into these specifications by reference include Sections 1926-650 through 1926-653. Legislation that has been enacted by the Texas Legislature (H.B. No. 662 and H.B. No. 665) with regard to trench safety systems, is hereby incorporated, by reference, into these specifications.

B. A reproduction of the specifications included in “Subpart P –Excavations from the Federal Register Vol. 52, No. 72,” will be attached to bid specifications for the convenience of contractor. Also, two standard drawings titled “Standard Trench Safety System” will be included in the plans or specifications for the project. The city assumes no responsibility for the accuracy of the reproduction. The contractor is responsible for obtaining a copy of this section of the Federal Register for his use.

C. If the contractor elects to use a trench protective system that, in the proposed rules, requires “Design by a qualified engineer,” [For example see 1926.652(b)(3) and 1926.652(c)(4)], “a qualified person or qualified engineer” shall be a professional engineer registered in the State of Texas.

3.4 Sec. 3.404 Safety ProgramThe contractor shall submit a safety program specifically for the construction of trench excavation together with the general safety program required under Item 12 of the Special Conditions for Form E-10-61. The trench safety program shall be in accordance with OSHA standards governing the presence and activities of individuals working in and around trench excavation.

3.5 Sec. 3.405 InspectionThe contractor shall make daily inspections of the trench safety systems to insure that the systems meet OSHA requirements. Daily inspection is to be made by a “competent person” provided by the contractor. If evidence of possible cave-ins or slides is apparent, all work in the trench shall cease until the necessary precautions have been taken by the contractor to safeguard personnel entering the trench. It is the sole duty, responsibility and prerogative of the contractor, not the owner, city or engineer, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. The contractor shall maintain a permanent record of daily inspections.

3.6 Sec. 3.406 IndemnificationThe contractor shall indemnify and hold harmless the city, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under a contract. The contractor acknowledges and agrees that this indemnity provision

46


Who will do this? City Secretary?

provides indemnity for the city in the case the city is negligent either by act or omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders, and the hiring of the contractor.

3.7 Sec. 3.407 MeasurementTrench safety systems shall be measured by the linear foot along the centerline of trench including manholes and other line structures.

3.8 Sec. 3.408 PaymentPayment for trench safety systems, measured as prescribed above, shall be made at the unit price bid per linear foot of “trench safety systems.” Payment of all work prescribed under this item shall be full compensation for the trench safety systems including any additional excavation and backfill required, for furnishing, placing, maintaining and removing all shoring, sheeting, or bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment and incidentals necessary to complete the work.


4 ARTICLE 3.600 OAK WILT CONTROL

4.1 Sec. 3.601 PurposeThe provisions of this article are deemed to be necessary to promote the health, safety, and general welfare of the residents of the city.

4.2 Sec. 3.602 DefinitionsWords used and not defined in this article shall have their ordinarily accepted meaning. For the purpose of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:

4.2.1 Diseased Trees . Live oak and red oak tees or wood therefrom that are infected with oak wilt disease; and a red oak tree or wood from a red oak tree, which is dead or partially alive, but infected with such disease and to which the bark is still attached.

4.2.2 Forester . Any individual qualified in the area of urban forestry, botany or horticulture employed or engaged by the city including but not limited to representatives from the Texas Forestry Service, Travis County or other agency.

4.2.3 Public Nuisance . Red and live oak trees or wood that are determined to be infected with the fungus which causes oak wilt disease (Ceratocystis Fagacearum) (“oak wilt”); a dead red oak tree or wood from a red oak tree, that was or is, infected with oak wilt disease; and diseased trees and wood as defined below. Pursuant to Chapter 342, Tex. Health & Safety Code, diseased trees are deemed a public nuisance.

47


REMOVE ENTIRE SECTION – not allowed in VoV per Zoning Ordinance

4.3 Sec. 3.603 Abatement of Nuisance by Owner of Property1. Red oak and live oak trees that are infected with oak wilt, a dead red oak tree

and wood from a red oak tree that was infected with oak wilt, and all other trees and wood diseased with oak wilt are hereby declared and determined to be a public nuisance.

2. It shall be unlawful for an owner of any lot or parcel of land within the city to permit or maintain on such lot or parcel any diseased trees which is a public nuisance as defined herein. It shall be the duty of the owner, within fourteen (14) calendar days from notice given under Section 3.606 under this article to cause to be removed and destroyed the diseased trees. Such removal or destruction shall be completed under the supervision and direction of the city.

3. Should the property owner fail to abate the public nuisance within fourteen (14) days following the receipt of notification, the city shall have the right to cause the removal and destruction of the diseased trees. The full cost of such removal and destruction shall be assessed to the owner of the property. Should the property owner fail to pay the city within thirty (30) days from the date of invoicing the city may, at its discretion, file a lien against the property in the amount of all costs incurred by the city plus interest. The assessment of expenses and lien shall follow the procedures established in Chapter 342, Tex. Health & Safety Code.

4.4 Sec. 3.604 EnforcementThe City Secretary, or his/her designee, is charged with the enforcement of this article and shall perform the duties as set forth herein. The county is also authorized and requested to enforce this article within the city. The City Secretary,or his/her designee shall coordinate and cooperate with the forester to the fullest reasonable extent.

4.5 Sec. 3.605 InspectionsSave and except as provided herein, permission of the owner, occupant, or person in control of any premises shall be necessary for entry onto the subject premises by city personnel or forester pursuant to this article. If such entry is requested and refused, and the city or forester has probable cause to believe there exists on the subject premises a public nuisance, the city inspector or forester shall go before a municipal court judge of the city and request a search warrant. The purpose of that warrant shall be to determine the presence of a public nuisance and to obtain such specimens of trees as are required for the purposes of analysis to determine whether the same are infected with Oak Wilt.

4.6 Sec. 3.606 Notice to Owner1. If, upon inspection it is determined that a tree or oak wood is infected with Oak

Wilt and if the city or forester determines that such tree or any wood thereof is a public nuisance as provided herein, the city shall serve or cause to be served upon the owner of record of the lot or parcel of land on which that diseased tree is located, a written notice requiring such owner to comply with the provisions

48


doesn't exist at this time


Do they pay $$

of this article including but not limited to the removal and destruction of any diseased tree.

2. Such service of notice shall be by personal service or certified mail, return receipt requested if the owner of the lot or parcel of land on which the diseased tree is located is a resident of the city. If the owner is temporarily absent from his residence or an owner is determined to be a non-resident, written notice shall be served by certified mail addressed to the named person at the address indicated on the most recent tax appraisal records and by posting notice of the violation on the property at the point of ingress. Certified mail returned as “unclaimed” or “refused” shall be deemed delivered.

4.7 Sec. 3.607 Payment of CostThe city council may appropriate money in the annual budget each year for Oak Wilt suppression. The Lago Vista Property Owners’ Association has indicated a willingness to share equally with the city in these costs and may contribute money for this purpose. These monies may be used to match state and federal funds to pay for the cost of Oak Wilt suppression. The owner of any lot or parcel of land within the city is and shall be responsible to pay for the removal, destruction or treatment of any diseased tree when it has been determined the diseased tree or wood is a public nuisance.

4.8 Sec. 3.608 Tree Trimming PersonnelPersonnel hired or contracted to trim, cut, treat or remove diseased tree on improved property shall be, or shall be working under the direct supervision of a competent urban forester, botanist or horticulturist familiar with the identification and control of Oak Wilt Disease. The name, address and telephone number of all such personnel shall be filed with the City Secretary, or his/her designee for record keeping purposes.

4.9 Sec. 3.609 Sterilization of EquipmentEquipment used for trimming, cutting. Treating or removing of diseased tree will be sterilized after each tree is completely cut and before proceeding to the next tree. A solution of nine parts water to one part bleach is recommended for sterilization of all trimming equipment. Equipment shall be sterilized after each cutting.

4.10 Sec. 3.610 PenaltiesIt shall be unlawful for any person, firm or corporation to violate any of the provisions of this article. Any person violating any provision hereof shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every such violation and for each and every day or portion thereof during which any such violation continues or occurs. Upon the conviction of such violation, such offense shall be punishable by fine in accordance with the general penalty provision found in Section 1.109 of this code.


49


Task of City Sectretary


Remove component on Property Owners Association


this certainly needs to be pointed out

5 ARTICLE 3.700 MODEL HOMES

5.1 Sec. 3.701 Model Home Permit RequiredIn addition to building permits and other permits as are required by city ordinance, a permit shall be required for each structure or building located on any property zoned for residential use and used as a model home. For the purposes of this article, the term “model home” shall mean any structure designed for use as a single-family residential dwelling that is used, or planned for use as an office by the builder, or entity marketing similarly constructed structures, or that is planned for use or used as a demonstration home for the purpose of marketing other buildings and structures. No person, firm or entity shall use, or suffer or permit the use of, any structure or dwelling unit as a model home unless a model home permit has first been obtained and issued for such model home and such model home shall comply with the provisions of this article.

5.2 Sec. 3.702 Requirements for PermitThe following conditions and requirements shall be applicable to all model homes:1. A minimum of six (6) off-street parking spaces must be provided in addition to

the required any driveway for the structure;2. Outdoor lighting shall be planned and installed so as not to shine or cast light on

neighboring property or upon any public street; and, if more than one porch light, one light over the entrance to the garage and one light at the rear entrance of the house is planned, the lighting plan must be approved by the City Secretary, or his/her designee,; Village Lighting Ordinance?

3. Model homes shall not be open to the public prior to 9:00 a.m. nor after 9:00 p.m.4. Signs shall comply with all ordinances and not more than one open house sign,

or similar sign, shall be allowed; and5. No structure or dwelling unit shall be used as a model home for more than

twelve (12) months.6. No existing or proposed building or structure for which application is made for a

model home permit shall be within, or proposed to be within, one thousand feet (1,000) of any single-family residence, at the time such application is made.

5.3 Sec. 3.703 VariancesNo variances shall be made from the requirements set forth in Section 3.702 except upon written application made to and approval by the city council.

5.4 Sec. 3.704 Application and Issuance1. Application for a model home permit shall be made to the City Secretary, or

his/her designee, on a form established for such purpose. A permit fee shall accompany each such application and such fee shall not be refundable. The City Secretary, or his/her designee, shall issue a model home permit on a form established for such purpose, to each applicant making an application that complies in every respect with Section 3.702. If an application does not comply with Section 3.702, the City Secretary, or his/her designee, shall reject such application and shall not thereafter consider the application; provided that upon

50


Who is this?


Ref VoV Ordinance 8.03 and 9.02 and 9.05.120

the payment of an additional application fee a revised application in compliance with Section 3.702 may be resubmitted.

2. The model home permit shall have the following statement printed thereon:“The Village of Volente can neither enforce nor waive any deed restriction, restrictive covenant, or private contract rights. This permit is subject to any such restrictions, covenants or rights that may be applicable to the property for which this permit is issued. The applicant/permittee should check and confirm the deed restrictions, if any, for the lot, tract or parcel of land for which this permit is issued, and seek legal counsel with respect thereto as appropriate.”

5.5 Sec. 3.705 Permit FeeA fee as set forth in the fee schedule located in Appendix A of this code is hereby established and imposed for each application for a model home permit. Such fee shall be charged for each separate application and a separate fee shall be charged for the resubmittal of any application that has been previously rejected by the City Secretary, or his/her designee,. The fee shall entitle the applicant for each approved application to occupy and use the permitted structure in compliance with this article and the model home permit as a model home for a period of twelve (12) calendar months; provided that any model home permit may be cancelled if the model home shall not be maintained in compliance with the permit therefore.

5.6 Sec. 3.706 Collection and DepositThe City Secretary, or his/her designee, shall cause the application fee to be collected and paid to the city treasurer prior to reviewing any application for a model home permit. The city treasurer shall deposit each such fee into the general fund.

5.7 Sec. 3.707 EnforcementThe City Secretary, or his/her designee, shall be responsible for enforcing this article and shall inspect each property for which an application has been approved for the purpose of verifying that the applicant has complied with the permit requirements and this article. No structure for which a model home permit has been issued shall be used or occupied as a model home until such structure and property complies with the permit requirements and this article.

5.8 Sec. 3.708 PenaltiesAny person who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day of violation and each incident of violation of this article shall constitute a separate offense.


51


Fee Schedule

6 ARTICLE 3.800 STREET LIGHT REQUESTS (Modify/Delete?)1. Any person that desires a street light be installed on any public street must

obtain the written permission of all residents residing within 500 feet of the proposed location for the street light. Such written permission must be on a petition signed by the residents living within 500 feet of the proposed location. The petition shall provide for the name(s) of the resident, the lot number, the telephone number and whether or not the resident supports installing the street light at the proposed location. Signatures are not required from owners of vacant lots within 500 feet of the proposed street light location. The petition shall be attached to a street light request form approved by the City Secretary, or his/her designee,.

2. After the signatures have been obtained, the petition shall be given to the City Secretary, or his/her designee, for his/her review. The City Secretary, or his/her designee, shall verify that the appropriate signatures have been obtained and that all residents within 500 feet of the proposed location agree to the installation of the street light. The City Secretary, or his/her designee, shall then determine whether or not the street light is in the city’s best interest and, if so, shall make a request to the city’s electric provider that a street light be installed.

3. The City Secretary, or his/her designee, shall inform the city’s electric provider that no street lights are to be installed unless so requested by the City Secretary, or his/her designee,. After providing ten (10) days notice to the offending party that they are in violation of this article, the City Secretary, or his/her designee, may order the street light to be removed.

4. Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ordinance No. 99-04-15-05 adopted 4/15/99)

7 ARTICLE 3.900 FLOOD REGULATIONS*

7.1 Sec. 3.901 Statutory AuthorizationThe legislature of the state has in the Texas Local Government Code delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council does adopt the following findings, and does ordain as follows.

7.2 Sec. 3.902 Findings of Fact1. The flood hazard areas of the city are subject to periodic inundation which

results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures

52


Delete? VoV has no street lights. Ref VoV Ordinance 8.03 and 9.02 and 9.05.120 (Lighting Ordinance?)

for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

7.3 Sec. 3.903 Statement of PurposeIt is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:1. Protect human life and health;2. Minimize expenditure of public money for costly flood control projects;3. Minimize the need for rescue and relief efforts associated with flooding and

generally undertaken at the expense of the general public;4. Minimize prolonged business interruptions;5. Minimize damage to public facilities and utilities such as water and gas mains,

electric, telephone and sewer lines, streets and bridges located in floodplains;6. Help maintain a stable tax base by providing for the sound use and development

of floodprone areas in such a manner as to minimize future flood blight areas; and

7. Insure that potential buyers are notified that property is in a flood area.

7.4 Sec. 3.904 Methods of Reducing Flood LossesIn order to accomplish its purposes, this article uses the following methods:1. Restrict or prohibit uses that are dangerous to health, safety or property in times

of flood, or cause excessive increases in flood heights or velocities;2. Require that uses vulnerable to floods, including facilities which serve such uses,

be protected against flood damage at the time of initial construction;3. Control the alteration of natural floodplains, stream channels, and natural

protective barriers, which are involved in the accommodation of floodwaters;4. Control filling, grading, dredging and other development which may increase

flood damage;5. Prevent or regulate the construction of flood barriers which will unnaturally

divert floodwaters or which may increase flood hazards to other lands.

7.5 Sec. 3.905 DefinitionsUnless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.

7.5.1 Alluvial Fan Flooding . Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

53

7.5.2 Apex . A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

7.5.3 Appurtenant Structure . A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

7.5.4 Area of Future Conditions Flood Hazard . The land that would be inundated by the 1% chance (100-year) flood based on future conditions hydrology.

7.5.5 Area of Shallow Flooding . A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s flood insurance rate map (FIRM) with a one-percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

7.5.6 Area of Special Flood Hazard . The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, AR, AR/A1-30, AR/AO, AR/AH, AR/A, A1-30, A99, VO, V1-30, VE or V.

7.5.7 Base Flood . The flood having a one-percent chance of being equaled or exceeded in any given year.

7.5.8 Base Flood Elevation (BFE) . The elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year. Also called the base flood.

7.5.9 Basement . Any area of the building having its floor subgrade (below ground level) on all sides.

7.5.10 Breakaway Wall . A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

54

7.5.11 Critical Feature . An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

7.5.12 Development . Any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

7.5.13 Elevated Building . For insurance purposes, a nonbasement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

7.5.14 Existing Construction . For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.

7.5.15 Existing Manufactured Home Park or Subdivision . A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

7.5.16 Expansion to an Existing Manufactured Home Park or Subdivision . The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

7.5.17 Flood Elevation Study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

7.5.18 Flood Insurance Rate Map (FIRM) . An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

7.5.19 Flood Insurance Study . Is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary map. Also see flood elevation study.

55


Remove? Mfg Home Parks not zoned in VoV.


?

7.5.20 Flood or Flooding . A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.2. The unusual and rapid accumulation or runoff of surface waters from any

source.

7.5.21 Flood Protection System . Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

7.5.22 Floodplain Management . The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

7.5.23 Floodplain Management Regulations . Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

7.5.24 Floodplain or Floodprone Area . Any land area susceptible to being inundated by water from any source (see definition of flooding).

7.5.25 Floodproofing . Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

7.5.26 Floodway (Regulatory Floodway) . The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

7.5.27 Functionally Dependent Use . A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship

56

building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

7.5.28 Highest Adjacent Grade . The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

7.5.29 Historic Structure . Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary [of the Interior] to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:A. By an approved state program as determined by the Secretary of the

Interior; orB. Directly by the Secretary of the Interior in states without approved

programs.

7.5.30 Levee . A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

7.5.31 Levee System . A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

7.5.32 Lowest Floor . The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

57

7.5.33 Manufactured Home . A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle.

7.5.34 Manufactured Home Park or Subdivision . A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

7.5.35 Mean Sea Level . For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

7.5.36 New Construction . For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

7.5.37 New Manufactured Home Park or Subdivision . A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

7.5.38 Recreational Vehicle. A vehicle which is:

1. Built on a single chassis;2. 400 square feet or less when measured at the largest horizontal projections;3. Designed to be self-propelled or permanently towable by a light duty truck;

and4. Designed primarily not for use as a permanent dwelling but as temporary

living quarters for recreational, camping, travel, or seasonal use.

7.5.39 Riverine . Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

7.5.40 Start of Construction . Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction,

58


Delete? – Not zoned in VoV.


Delete? – Not zoned in VoV.


from zoning

rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

7.5.41 Structure . A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

7.5.42 Substantial Damage . Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

7.5.43 Substantial Improvement . Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

7.5.44 Variance . A grant of relief from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)

7.5.45 Violation . The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) [of the National Flood Insurance Program regulations], Code of Federal

59

Regulations, is presumed to be in violation until such time as that documentation is provided.

7.5.46 Water Surface Elevation . The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

7.6 Sec. 3.906 Lands to Which This Article AppliesThis article shall apply to all areas of special flood hazard within the jurisdiction of the city.

7.7 Sec. 3.907 Basis for Establishing the Areas of Special Flood HazardThe areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Travis County, Texas and Incorporated Areas with accompanying Flood Insurance Rate Maps dated September 26, 2008 and any revisions thereto are hereby adopted by reference and declared to be a part of this article.

7.8 Sec. 3.908 Establishment of Development PermitA site development permit and/or building permit shall be required to ensure conformance with the provisions of this article.

7.9 Sec. 3.909 ComplianceNo structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations.

7.10 Sec. 3.910 Abrogation and Greater RestrictionsThis article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

7.11 Sec. 3.911 InterpretationIn the interpretation and application of this article, all provisions shall be:

1. Considered as minimum requirements;2. Liberally construed in favor of the governing body; and3. Deemed neither to limit nor repeal any other powers granted under state

statutes.

7.12 Sec. 3.912 Warning and Disclaimer or LiabilityThe degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from

60

flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

7.13 Sec. 3.913 Designation of the Floodplain AdministratorThe City Secretary, or his/her designee is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.

7.14 Sec. 3.914 Duties and Responsibilities of the Floodplain AdministratorDuties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

1. Maintain and hold open for public inspection all records pertaining to the provisions of this article.

2. Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

3. Review, approve or deny all applications for development permits required by adoption of this article.

4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.

6. Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Texas Natural Resource Conservation Commission prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

8. When base flood elevation data has not been provided in accordance with Section 3.907, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sections 3.917–3.922.

9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when

61


Is this established elsewhere in VoV ordinances?


Is this established elsewhere in VoV ordinances?

combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

10. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).

7.15 Sec. 3.915 Permit Procedures

7.15.1 Application . Application for a site development permit or building permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in [sic] drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required along with payment of the permit application fee.A. Elevation (in relation to mean sea level), of the lowest floor (including

basement) of all new and substantially improved structures;B. A certificate from registered engineer, architect or surveyor that the

residential structure shall meet the criteria of Section 3.918(1).C. Elevation in relation to mean sea level to which any nonresidential

structure shall be floodproofed;D. A certificate from a registered professional engineer or architect that the

nonresidential floodproofed structure shall meet the floodproofing criteria of Section 3.918(2);

E. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

7.15.2 Approval or Denial Factors .Approval or denial of a site development permit or a building permit by the floodplain administrator shall be based on all of the provisions of this article and the following relevant factors:A. The danger to life and property due to flooding or erosion damage;B. The susceptibility of the proposed facility and its contents to flood

damage and the effect of such damage on the individual owner;C. The danger that materials may be swept onto other lands to the injury of

others;D. The compatibility of the proposed use with existing and anticipated

development;E. The safety of access to the property in times of flood for ordinary and

emergency vehicles;

62


VoV

F. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

G. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

H. The necessity to the facility of a waterfront location, where applicable;I. The availability of alternative locations, not subject to flooding or erosion

damage, for the proposed use;J. The relationship of the proposed use to the comprehensive plan for that

area.

7.16 Sec. 3.916 Variance Procedures

7.16.1 Building and Safety Committee Variance Authority . (Volente BOA? ) The building and safety committee shall hear and render judgment on requests for variances from the requirements of this article.

7.16.2 Building and Safety Committee Appeal Authority .The building and safety committee shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

7.16.3 Court of Appeal .Any person or persons aggrieved by the decision of the building and safety committee may appeal such decision in the courts of competent jurisdiction.

7.16.4 Record Maintenance .The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

7.16.5 National or State Historic Places .Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this article.

7.16.6 New Construction on Lots of One-half Acre or Less Below Base Flood Level . (Volente Zoning Ordinance? ) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 3.915(b) of this article have been fully considered. As the lot size increases beyond the

63


Delete? Refer to VoV zoning ordinance?


Is this the Board of Adjustments?

one-half acre, the technical justification required for issuing the variance increases.

7.16.7 Additional Variance Conditions .Upon consideration of the factors noted above and the intent of this article, the building and safety committee may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (Section 3.903).

7.16.8 Variance Causing Increased Flood Levels Not Allowed .Variances shall not be issued within any designated floodplain if any increase in flood levels during the base flood discharge would result.

7.16.9 Repair or Rehabilitation of Historic Structures .Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

7.16.10 Prerequisites for Granting Variances :1. Variances shall only be issued upon a determination that the variance is

the minimum necessary, considering the flood hazard, to afford relief.2. Variances shall only be issued upon:

A. Showing a good and sufficient cause;B. A determination that failure to grant the variance would result in

exceptional hardship to the applicant; ANDC. A determination that the granting of a variance will not result in

increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

7.16.11 Intended Purpose of Variances and Notice .1. Variances may be issued for new construction and substantial

improvements and for other development necessary for the conduct of a functionally dependent use provided that:A. The criteria outlined in subsections (a)-(i) are met; andB. The structure or other development is protected by methods that

minimize flood damages during the base flood and create no additional threats to public safety.

2. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

64

7.17 Sec. 3.917 Provisions for Flood Hazard Reduction; General StandardsIn all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

7.18 Sec. 3.918 Specific StandardsIn all areas of special flood hazards where base flood elevation data has been provided as set forth in: Section 3.907; Section 3.914(8); or Section 3.919(c), the following provisions are required:

7.18.1 Residential Construction . New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated no lower than 12 inches above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard in Section 3.915(a)(1) is satisfied.

7.18.2 Nonresidential Construction . New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated no lower than 12 inches above the base flood level or together with attendant utility and sanitary facilities, be designed so that below a level 12 inches above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design,

65

specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.

7.18.3 Enclosures . New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:1. A minimum of two openings on separate walls having a total net area of

not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

2. The bottom of all openings shall be no higher than one foot above grade;3. Openings may be equipped with screens, louvers, valves, or other

coverings; or devices provided that they permit the automatic entry and exit of floodwaters.

7.18.4 Manufactured Homes .1. All manufactured homes to be placed within zones A1-30, AH and AE on

the community’s FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

2. Manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community’s FIRM on sites:A. Outside of a manufactured home park or subdivision;B. In a new manufactured home park or subdivision;C. In an expansion to an existing manufactured home park or

subdivision; orD. In an existing manufactured home park or subdivision on which a

manufactured home has incurred substantial damage as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least 12 inches above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

66

3. Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision with zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of subsection (4) of this section shall be elevated so that either:

i. The lowest floor of the manufactured home is no lower than 12 inches above the base flood elevation; or

ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

7.18.5 Recreational Vehicles . Recreational vehicles placed on sites within zones A1-30, AH, and AE on the community’s FIRM shall either:1. Be on the site for fewer than 180 consecutive days;2. Be fully licensed and ready for highway use; or3. Meet the permit requirements of Section 3.915(a), and the elevation and

anchoring requirements for manufactured homes in subsection (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

7.19 Sec. 3.919 Standards for Subdivision Proposals1. All subdivision proposals including the placement of manufactured home

parks and subdivisions shall be consistent with Sections 3.902, 3.903, and 3.904 of this article.

2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of Section 3.908; Section 3.915; and the provisions of Sections 3.917–3.922 of this article.

3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to 3.907 or Section 3.914(8) of this article.

4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

5. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

67


Not zoned in VoV


Not zoned in VoV


Not zoned in VoV

7.20 Sec. 3.920 Standards for Areas of Shallow Flooding (AO/AH Zones)Located within the areas of special flood hazard established in Section 3.907, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

7.20.1 Residential Construction .All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade no lower than 12 inches above the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified).

7.20.2 Nonresidential Construction .All new construction and substantial improvements of nonresidential structures;1. Shall have the lowest floor (including basement) elevated above the

highest adjacent grade no lower than 12 inches above the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified); or

2. Shall, together with attendant utility and sanitary facilities, be designed so that below a level 12 inches above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

7.20.3 Professional Certification Required .A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in Section 3.915, are satisfied.

7.20.4 Drainage Paths ( AO/AH Zones ) .Within zones AH or AO adequate drainage paths around structures on slopes, are required to guide floodwaters around and away from proposed structures.

7.21 Sec. 3.921 Floodways[Reserved]

7.22 Sec. 3.922 PenaltyNo structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who

68


Do such areas exist in VoV? Is this section necessary?

violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined in accordance with the general penalty provision set forth in Section 1.109 of this code, each day in violation shall be deemed a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation including the bringing of a suit seeking injunctive relief and attorneys fees.


8 ARTICLE 3.1000 INDUSTRIALIZED HOUSING AND BUILDINGS

8.1 Requirements Industrialized housing and buildings shall be installed within the city consistent with all zoning, subdivision, landscaping, site plan requirements, and other applicable development standards including the following requirements:

8.1.1 Interpretation of Provisions . Whenever a provision of this section and any other provision of this article, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. Any provisions of this article that are in conflict with state law shall be governed by state law to the extent of the conflict only.

8.2 Definitions

8.2.1 Code . Chapter 1200 of the Texas Occupation Code, as amended.

8.2.2 Existing Home . The property line of an existing single-family or duplex home site within 500 feet of the outer boundary of the lot upon which an application has been received for the installation of an industrialized home.

8.2.3 Industrialized Building .1. An industrialized building is a commercial structure that is:

A. Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site;

B. Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed; and

C. Bears the appropriate decal or insignia issued by the state demonstrating compliance with mandatory building codes.

69


Zoned in VoV?

2. An industrialized building includes the structure’s plumbing, heating, air conditioning, and electrical systems.

3. An industrialized building does not include a commercial structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.

4. An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site.

8.2.4 Industrialized Housing or Industrialized Home .1. Is a residential structure that is:

A. Designed for the occupancy of one or more families;B. Constructed in one or more modules or constructed using one or

more modular components built at a location other than the permanent site;

C. Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system; and

D. Bears the appropriate decal or insignia issued by the state demonstrating compliance with mandatory building codes.

2. This includes the structure’s plumbing, heating, air conditioning, and electrical systems.

3. This does not include:A. A residential structure that exceeds three stories or 49 feet in height

as measured from the finished grade elevation at the building entrance to the peak of the roof;

B. Housing constructed of a sectional or panelized system that does not use a modular component; or

C. A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

8.2.5 Modular Component or Modules . A structural part of housing or a building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:1. Damage; or2. Removal and reconstruction of a part of the housing or building.

8.2.6 Value . The taxable value of the industrial housing and the lot after installation of the housing.

8.3 Construction of Industrialized Housing and Industrialized Buildings Industrialized housing and industrialized buildings shall not be permitted to be installed or constructed within the city limits except in strict compliance with this article.

70

8.4 Foundation RequiredIndustrialized homes and buildings shall be securely fixed to a permanent foundation of the type required for a site built building with modifications to accommodate the connection and installation requirements of an industrialized building.

8.5 Permit and Inspection Requirements:1. Before an industrialized home or building may be installed or constructed

on a property in the city limits, the property owner must submit an application for the appropriate permits as provided in Article 3.100, Section 3.110 and additionally submit:A. A complete set of designs, plans, and specifications bearing the stamp of

approval required in the code;B. Verification that the building or home has not been altered, modified or

remodeled since receiving approval as required in the code, or, if such changes have occurred, an explanation of the extent of alteration, modification or remodeling; and

C. Adequate verification that the appropriate decal or insignia has be obtained for the building or home.

2. Additionally, for industrialized homes the property owner shall provide the city with a list of the name, address and current tax valuation of all existing homes within 500 feet of the property on which the industrialized home will be located and a statement from the tax assessor or a competent appraiser of the taxable value that the lot and industrialized home will have after installation.

3. Inspection of the industrialized home or building prior to connection to utilities shall be required to ensure compliance with industrialized building codes as established in the code, the designs, plans and specifications for the home or building, the site plan, including inspection of the foundation system prior to erection of the modular components, inspection of the modular components installed on the foundation, as well as all other inspections required for new construction of the type being installed.

4. The owner of an industrialized building or home that has been modified or altered since the decal or insignia was issued or that is not in compliance with the then current industrialized building codes as established in the code shall be required to bring the building or home into compliance with the building codes as provided in Section 1202.1535 of the code. If issues arise on the sufficiency of compliance, code equivalency or alternative material authorized for use in the industrial building codes, the City Secretary, or his/her designee, shall contact the appropriate state agency for determination as provided in Section 1202.156 of the code.

71

8.6 Comparable Value. Industrialized single-family and duplex homes shall not be installed until the owner demonstrates that the home will be of a comparable value to the existing homes.1. An application to install an industrialized home shall not be considered

received until all the relevant information is received including section (e) (2) information.

2. If no homes exist within 500 feet of the outer boundaries of the lot, the home owner shall not be required to demonstrate comparable value.

3. If there are existing homes, the city’s City Secretary, or his/her designee, shall determine compliance with comparable value based on the information required in section (e).A. Applicants denied on the basis of failure to show comparable value or

compatible exterior may appeal the decision to the City Secretary, or his/her designee, in writing within 10 days of the date the building permit was denied. Appeals of denial by the City Secretary, or his/her designee, may be directed to the city council upon written application to the city secretary within 10 days of the date of denial by the City Secretary, or his/her designee,.

8.7 Compatible Exterior. The applicant must also demonstrate that the industrialized home will have a compatible exterior to the existing homes or include specifications on the types of improvements that will be made to create a compatible exterior in the application. To be compatible, the exterior siding, roofing, roof pitch, foundation fascia, and fenestration must be substantially similar to the average existing home.

8.8 Nothing herein shall authorize violation of valid deed restrictions.


9 ARTICLE 3.1100 WATERSHED PROTECTION

9.1 Sec. 3.1101 LCRA Highland Lakes Watershed Ordinance Adopted

10 ARTICLE 3.1200 SUBSTANDARD AND DANGEROUS BUILDINGS AND STRUCTURES*

10.1 Sec. 3.1201 FindingsThe foregoing recitals are hereby found to be true and correct and are hereby adopted by the city council and made a part hereof for all purposes as findings of fact. The city council hereby further finds and determines that the rules, regulations,

72


Adopt in its Entirety?


Zoned in VoV?

terms, conditions, provisions and requirements of this article are reasonable and necessary to protect the public health, safety and quality of life.

(Ordinance 13-03-07-02, sec. 2, adopted 3/7/13)

10.2 Sec. 3.1202 Adoption of International Property Maintenance Code and Amendments

A. A certain document, one copy of which is on file in the office of the City Secretary, or his/her designee, being marked and designated as the “International Property Maintenance Code,” 2012 edition, including all appendix ordinances, published by the International Code council, Inc., has been adopted as the property maintenance code of the city establishing the minimum regulations governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in connection with the city’s dangerous building regulations and subchapter A, chapter 214, Texas Local Government Code; and each and all of the regulations, provisions, conditions and terms of such “International Property Maintenance Code,” 2006 edition, published by the International Code Council, Inc., on file in the office of the City Secretary, or his/her designee are hereby referred to, adopted and made a part of this section as if fully set out in this article.

B. The 2012 International Property Maintenance Code is further amended as follows:1. Each reference to “board of adjustments and appeals” is hereby amended

to mean and refer to the building committee for the city and the membership of the building committee as appointed by the city council. (Remove section and refer back to BOA?)

2. Each reference to the qualification requirements for members of the “board of adjustments and appeals” is hereby repealed. (Remove section and refer back to BOA?)

3. Section 111.1 is amended to delete any reference or requirement that requires a written application for appeal to be filed within 20 days after the decision of a code official.

4. Section 111.3 is deleted. (Review?)C. The following numbered section is deleted and replaced in full with the text

indicated:1. Section 106.4 Violation penalties. Any person who violates a provision of

this code, or fails to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor, and subject to a fine of between $1.00 and $2,000.00. Each day a violation occurs constitutes a separate offense. (Review?)

(Ordinance O-31-14 adopted 12/18/14)

73

10.3 Sec. 3.1203 Chapter 214 AdoptedSubchapter A, chapter 214, Texas Local Government Code (TLGC) is hereby adopted by the city and made a part of this article. In the event of any conflict or inconsistency between the terms and provisions of this article and chapter 214, TLGC, the terms and provisions of chapter 214, TLGC, shall govern and control.

10.4 Sec. 3.1204 DefinitionsAs used in this article the following terms shall have the meanings given below:

10.4.1 Building . Any building or structure built for the support, shelter, use or enclosure of persons, animals, chattels or property of any kind.

10.4.2 Code Enforcement Authority . The person designated by the city for purposes of making inspections, sending notices, and otherwise enforcing the provisions of this article.

10.4.3 County . The County of Travis, Texas.

10.4.4 Dangerous Building, Unsafe Building, and Substandard Building . Any building located within the incorporated limits of the city that is:1. In such a state or condition of repair or disrepair that all or any of the

following conditions exist:a. Walls or other vertical structural members list, lean, or buckle;b. Damage or deterioration exists to the extent the building cannot be

used or occupied without risk of injury, or to the extent the building poses a danger to persons on the property or adjacent property;

c. Loads on floors or roofs are improperly distributed or the floors or roofs are of insufficient strength to be reasonably safe for the purposes used;

d. Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city;

e. The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary or otherwise lacking in the amenities essential to decent living or use that the same is unfit for human habitation or occupancy, or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare;

f. Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;

g. Stairways, fire escapes, and other facilities of egress in case of fire or panic are inadequate;

74

h. Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property;

i. The floors, exterior walls, or roof fail to protect occupants of the building or structure from weather, injury, and the danger of collapse due to the presence of holes, cracks, and loose, rotten, warped, or protruding boards or other similar damage in floors, exterior walls or the roof;

j. Conditions of the structure or building constitute a material violation of provisions of the city’s building codes, plumbing code, fire prevention code, or electrical code (the “codes”). For the purposes of this section, a “material” violation is a violation of any provision or provision of the codes that creates a significant risk of personal injury, death, or property damage;

2. Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare of the city’s residents;

3. Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or

4. Boarded up, fenced or otherwise secured in any manner if:a. The building constitutes a danger to the public even though secured

from entry;b. The means used to secure the building are inadequate to prevent

unauthorized entry or use of the building to the extent it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or

c. Defined as a dangerous or unsafe building by the 2012 International Property Maintenance Code, published by the International Code Council, Inc.

10.4.5 Responsible Parties . The owner, and any mortgagee or lienholder identified by the owner or by search of the public tax records and real property records of the county, and any occupant or person residing within, or in custody of, the building or structure.

10.4.6 Structure . That which is constructed.

10.5 Sec. 3.1205 Dangerous Buildings Declared a NuisanceA. It shall be unlawful for any person to maintain or permit the existence of any

dangerous building in the city; and it shall be unlawful for any person to permit same to remain in such condition.

B. All dangerous buildings, unsafe buildings, and substandard buildings are hereby declared to be public nuisances and shall be abated by repair,

75

rehabilitation, demolition, or removal in accordance with the procedures provided in this article.

C. The code enforcement authority shall enforce the provisions of this article.

10.6 Sec. 3.1206 Inspections and Duties of the Code Enforcement Authority (Who is this?)

The code enforcement authority shall inspect, or cause to be inspected, every building, or portion thereof, reported to be dangerous. If such building, or any portion thereof, is determined to be dangerous, the code enforcement authority shall give the responsible parties notice in accordance with the requirements set forth in section 3.1207 of this article. The code enforcement authority shall also:A. Inspect or cause to be inspected, when necessary, any building or structure

within the incorporated limits of the city, including public buildings, schools, halls, churches, theaters, hotels, tenements, or apartments, multifamily residences, single-family residences, garages, warehouses, and other commercial and industrial structures of any nature whatsoever for the purpose of determining whether any conditions exist which render such places a “dangerous building” as defined herein.

B. Inspect any building, wall or structure about which complaints have been filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.

C. Report to the building committee (BOA?) any noncompliance with the minimum standards set forth in this article. The city code enforcement authority shall obtain from the secretary of the building committee a hearing date for a public hearing by the building committee on any building believed to be a dangerous building and shall provide the secretary of the building committee with copies of the written notice to persons with interests in the property as required under this article.

D. Appear at all hearings conducted by the building committee and testify as to the conditions of dangerous buildings within the city.

E. Place a notice on all dangerous buildings reading as follows: “This building has been found to be a dangerous building by the Village of Volente code enforcement authority. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to the owner(s), occupant(s) and person(s) with interests in the property as shown by the records of the City Secretary, or his/her designee and the tax appraisal district. It is unlawful to remove this notice until such notice is complied with.”

F. Request the mayor, city administrator, or City Secretary, or his/her designee,, as applicable, to have the building inspector, or an appropriate engineer or building inspector, provide additional inspections, reports and act as an expert witness at hearings for buildings that appear marginally dangerous.

G. Make a diligent effort to determine the identity and address of each owner, lienholder, or mortgagee. The code enforcement authority satisfies the requirements of this subsection to make a diligent effort, to use best efforts, or to make a reasonable effort to determine the identity and address of an owner, a

76

lienholder, or a mortgagee if the code enforcement authority searches the following records:1. County real property records of the county in which the building is located;2. Appraisal district records of the appraisal district in which the building is

located;3. Records of the secretary of state;4. Assumed name records of the county in which the building is located;5. Tax records of the city; and6. Utility records of the city.

H. Perform the other requirements with respect to notification of public hearings as are set forth more specifically in this article.

10.7 Sec. 3.1207 Notice of Dangerous Building or Dangerous Condition of Property

A. Should the code enforcement authority determine that a building within the city is a dangerous building, he/she shall, in the manner provided for in this section, attempt to identify all the responsible parties that have an interest in the building, and give written notification of the dangerous building or condition by certified mail return receipt requested and regular U.S. mail to each of the identified responsible parties that are identified by the search made pursuant to subsection (4) below. Such notice shall include:1. The address or legal description of the property where the building or

structure deemed unsafe is located;2. A statement of the specific conditions, violations, or defects which make the

building or structure a dangerous building;3. Notice of the date and time of a public hearing before the building committee

to determine whether the building complies with the standards set out in this article; and

4. A statement that the owner, lienholder, mortgagee, or persons with a legal interest in the building will be required to submit at the hearing proof of the scope of any work that may be required to comply with the article and the amount of time it will take to reasonably perform the work.

B. The notice required under this section must be either personally delivered or mailed on or before the 10th day before the date of the hearing unless the code enforcement authority determines that the property, building, or structure is in immediate need to be secured, repaired, or abated and the property, building, or structure presents an immediate threat to the health, safety, and welfare of the public. For purposes of providing the minimum notice under this subsection, the notice of dangerous building or dangerous condition of property shall be deemed served upon the responsible parties on the date the notice is deposited with the U.S. Postal Service.

C. Such notice shall be served upon the responsible parties both by certified mail and regular U.S. mail as required in this section.

77

10.8 Sec. 3.1208 Sufficiency of NoticeA. A notice of dangerous building or dangerous condition of property as required

under this article shall include notice of the date and time of a public hearing and shall be deemed properly served upon the responsible parties if a copy thereof is:1. Served upon him/her personally;2. Sent by registered or certified mail, return receipt requested, and regular U.S.

mail to the last known address of such person as shown on the records of the city; or

3. Posted in a conspicuous place in or about the building affected by the notice.B. When the city mails a notice in accordance with this section to a property owner,

lienholder, or mortgagee, and the United States Postal Service returns the notice “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.

C. The city shall file notice of the hearing in the public records of real property of the county.

10.9 Sec. 3.1209 Securing Dangerous BuildingA. Should the code enforcement authority determine that any building or structure

within the incorporated limits of the city is a dangerous building, or is unoccupied and unsecured, or is occupied only by persons who do not have a right of possession of the building, he/she shall cause the building to be secured.

B. Before the 11th day after the date the building is secured, the municipality shall give notice to the owner by:1. Personally serving the owner with written notice;2. Depositing the notice in the United States mail addressed to the owner at the

owner’s post office address;3. Publishing the notice at least twice within a 10-day period in a newspaper of

general circulation in the county in which the building is located if personal service cannot be obtained and the owner’s post office address is unknown; or

4. Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner’s post office address is unknown.

C. The notice must contain:1. Identification, which is not required to be a legal description, of the building

and the property on which it is located;2. A description of the violation of the city standards that is present at the

building;3. A statement that the city will secure or has secured, as the case may be, the

building; and4. An explanation of the owner’s entitlement to request a hearing about any

matter relating to the municipality’s securing of the building.D. The building committee shall conduct a hearing at which any of the responsible

parties may testify and present witnesses and written information about any matter relating to the city’s securing of the building, if, within 30 days after the date the code enforcement authority secures or causes to be secured the

78

building, a responsible party files a written request for the hearing. The building committee shall conduct the hearing within 20 days after the date the request is filed with the city.

E. The city shall impose a lien against the land on which the building stands, unless it is a homestead, to secure the payment of the cost of securing the building. Promptly after the imposition of the lien, the city shall file for record, in recordable form in the official public records of the county, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.

10.10 Sec. 3.1210 Duties of the Building Committee The building committee shall:A. Schedule and conduct a hearing and hear testimony from the code enforcement

authority, the owner and other persons having an interest in the dangerous building, and any person desiring to present factual evidence relevant to the dangerous building. Such testimony shall relate to the determination of the question of whether the building or structure in question is a dangerous building and the scope of any work that may be required to comply with this article and the amount of time it will take to reasonably perform the work. The owner or a person having an interest in the dangerous building shall have the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.

B. Upon conclusion of the hearing, the building committee shall determine by majority vote whether the building or structure in question is a dangerous building. Upon a determination that the building or structure in question constitutes a dangerous building, the building committee shall issue a written order:1. Containing an identification of the building and the property on which it is

located;2. Making written findings of the minimum standards violations that are

present at the building;3. Requiring the owner and persons having an interest in the building to secure,

repair, vacate, and/or demolish the building within 30 days from the issuance of such order, unless the owner or a person with an interest in the building establishes at the hearing that the work cannot reasonably be performed within 30 days, in which instance the building committee shall specify a reasonable time for the completion of the work; and further provided that the building committee may require the owner and occupants to vacate the building within a shorter period of time if the building has fallen, is at risk of immediate collapse, or is in such a condition that life is endangered by further occupation of the building; and

4. Containing a statement that the city will vacate, secure, remove or demolish the dangerous building and relocate the occupants of the building if the ordered action is not taken within the time specified by the building committee and it is found and determined by the building committee in its order that there is an immediate clear and present danger to other property or the public.

79


Who is this? BoA?

C. If repair or demolition is ordered, the building committee shall send a copy of the order by certified mail to the owner and all persons having an interest in the property, including all identifiable mortgagees and lienholders within a reasonable period of time after the hearing. Within 10 days after the date that the order is issued, the city shall:1. File a copy of the order in the office of the City Secretary, or his/her designee;

and2. Publish in a newspaper of general circulation in the municipality in which the

building is located a notice containing:i. The street address or legal description of the property;

ii. The date of the hearing;iii. A brief statement indicating the results of the order (may be a copy of the

order); andiv. If not provided in the notice, instructions stating where a complete copy

of the order may be obtained.D. If repair or demolition is ordered and notice of public hearing was not filed in

the official public records of real property of the county, the city may file and record a copy of the order in such records of the county.

E. If the building committee allows the owner or a person with an interest in the dangerous building more than the 30 days to repair, remove, or demolish the building, the building committee in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the city code enforcement authority. Any required permits or approvals shall be obtained prior to commencing the repair, removal, or demolition of the building.

F. The building committee may not allow the owner or person with an interest in the dangerous building more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the written order unless the owner or person:1. Submits a detailed plan and time schedule for the work at the hearing; and2. Establishes at the hearing that the work cannot reasonably be completed

within 90 days because of the scope and complexity of the work.G. If the building committee allows the owner or person with an interest in the

dangerous building more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the building committee shall require the owner or person to regularly submit progress reports to the building committee to demonstrate that the owner or person has complied with the time schedules established for commencement and performance of the work. The written order may require that the owner or person with an interest in the building appear before the city code enforcement authority to demonstrate compliance with the time schedules.

H. In the event the owner or a person with an interest in a dangerous building fails to comply with the order within the time specified therein, the city may cause any occupants of the dangerous building to be relocated, and may cause the

80

dangerous building to be secured, removed, or demolished at the city’s expense. The city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the state constitution, the property on which the dangerous building was located. The lien is extinguished if the property owner or a person having an interest in the building reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in with the property is located. The notice of lien must contain:1. The name and address of the owner of the dangerous building if that

information can be determined by a diligent effort;2. A legal description of the real property on which the building was located;3. The amount of expenses incurred by the city; and4. The balance due.

I. Such lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property.

J. In addition to the authority set forth in subsection (8) above, after the expiration of the time allotted in the order for the repair, removal, or demolition of a dangerous building, the city may repair the building at its expense and assess the expenses on the land on which the building stands or to which it is attached. The repairs contemplated by this section may only be accomplished to the extent necessary to bring the building into compliance with the minimum standards established by city ordinance, and to the extent such repairs do not exceed minimum housing standards. This section shall be applicable only to residential buildings with 10 or fewer dwelling units. The city shall follow the procedures set forth in subsection (8) above for filing a lien on the property on which the building is located.

10.11 Sec. 3.1211 Appeal of the Building Committee OrderA. Any responsible party affected by a building committee’s order who desires to

appeal the decision of the building committee or the findings set forth in the building committee’s order, must appeal the order of the building committee to city council in accordance with the following procedures:1. The responsible party shall file a written notice of appeal with the building

committee and the code enforcement authority within 30 calendar days of receiving the building committee’s order.

2. The notice of appeal must set forth and describe the factual and legal grounds why the building committee’s decision is in error, wrong, or incorrect.

3. The responsible party must request a public hearing before the city council.4. The responsible party has the burden of proof of demonstrating at a public

hearing before city council that the building committee’s order is in error, wrong, or incorrect.

5. City council shall only consider evidence that was available to the building committee at the time of the hearing before the building committee.

81

6. The building committee’s order shall be deemed final and nonappealable if a responsible party fails to timely submit an appeal in accordance with this section.

B. In conducting its review of a building committee’s order, the city council shall by ordinance either affirm the order or modify or reverse the order.

C. If the city council affirms the building committee’s order, the findings and decision set forth in the building committee’s order shall be deemed final and the city council’s ordinance shall include the following:1. Findings of fact as to the specific conditions which make the building or

structure a dangerous building;2. If city council orders the demolition of the dangerous building, the ordinance

ordering the demolition of the dangerous building must include:a. A finding that there is an immediate clear and present danger to other

property or the public; andb. The ordinance must specify that the demolition of the dangerous building

cannot occur earlier than 35 calendar days from the date of the city council’s order affirming the building committee.

D. If the city council reverses the building committee’s order, the city council shall set forth in factual findings in the ordinance the grounds and reasons for the reversal.

E. The building committee’s order shall be deemed final:1. In the absence of a timely filed appeal in accordance with the appeal

procedures established in this section; or2. Due to a failure of an appealing party to comply with the appeal procedures

set forth in this section.

10.12 Sec. 3.1212 City Council ActionIf the responsible parties that have an interest in a building or structure that is ordered to be repaired, rehabilitated, demolished, or removed, fail to timely comply with such order, the city council may:A. Authorize the code enforcement authority to obtain the repair and/or securing

of the building or structure, and to file a lien against such property for the cost and expense of such work;

B. By ordinance, assess a civil penalty of up to $1,000.00 per day against the owners and persons having an interest in the property; and

C. Authorize and take such other action as contemplated by this article, or chapter 214, TLGC, as is necessary or advisable in the judgment of the city council to protect the public health, safety or welfare.

10.13 Sec. 3.1213 Judicial ReviewA. Any owner, lienholder, or mortgagee of record of property jointly or severally

aggrieved by an order of the city council issued under this article and section 214.001 of the Texas Local Government Code may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a

82

copy of the final decision of the municipality is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the United States Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period.

B. On the filing of the petition, the court may issue a writ of certiorari directed to the municipality to review the order of the municipality and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than 10 days, and served on the relator or the relator’s attorney.

C. The city may not be required to return the original papers acted on by it, but it is sufficient for the municipality to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.

D. The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

E. The issuance of the writ does not stay proceedings on the decision appealed from.

F. Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.

G. Costs may not be allowed against the city.H. If the decision of the municipality is affirmed or not substantially reversed but

only modified, the district court shall allow to the city all attorney’s fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees as well as all persons subject to the proceedings before the city.

10.14 Sec. 3.1214 Assessment of Expenses and PenaltiesA. If the time allotted for the repair, removal or demolition of a building under this

article has expired, then the city council may, in addition to the authority granted under chapter 214, TLGC, and the foregoing sections of this article:1. Order the repair of the building at the city’s expense and assess the expenses

on the land on which the building stands or to which it is attached;2. Assess a civil penalty of up to $1,000.00 per day against the responsible party

for failure to repair, remove, or demolish the building; or3. Authorize the city code enforcement authority to invite at least two or more

building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The code enforcement authority shall cause to be made an assessment of expenses, and may also recommend civil penalties, based on such estimates. The code enforcement authority shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this article.

B. The city shall impose a lien against the land on which the building stands or stood, unless it is a homestead as protected by the state constitution, to secure the payment of the repair, removal, or demolition expenses or the civil penalty. Promptly after the imposition of the lien, the city shall file for record, in

83

recordable form in the office of the county clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.

C. The city’s lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city’s lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city’s lien is superior to all other previously recorded judgment liens.

D. Any civil penalty or other assessment imposed under this section accrues interest at the rate of 10 percent a year from the date of the assessment until paid in full. The city may further file with the district clerk a copy of an ordinance assessing a civil penalty pursuant to this article.

E. In any judicial proceeding regarding enforcement of the city’s rights under this section, the prevailing party is entitled to recover reasonable attorney’s fees as otherwise provided by statute.

F. A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.

10.15 Sec. 3.1215 ViolationsA. The owner of any dangerous building who shall fail to comply with any notice or

order to repair, secure, vacate or demolish said building or structure, such notice or order given by the authority of the building committee, or the city council, shall be guilty of a misdemeanor.

B. An occupant or lessee in possession of any dangerous building who fails to comply with any notice or order to vacate such building and fails to repair such building in accordance with an order given by the building committee shall be guilty of a misdemeanor.

C. Any person removing the notice of a secured building as provided for in section 3.1209(b)(4), and/or a notice of dangerous building as provided in section 3.1208(a)(3) of this article, shall be guilty of a misdemeanor.

10.16 Sec. 3.1216 PenaltyAny person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. To the extent of any conflict between this section and a penalty provision in the codes adopted herein, such penalty provision shall be amended and this section shall control.

10.17 Sec. 3.1217 Enforcement of RegulationsA. No building permit, certificate of occupancy, plumbing permit, electrical permit,

or utility tap shall be issued by the city for or with respect to any lot, tract or parcel of land within the city limits, after the effective date of this article, except

84

in compliance with all then applicable requirements of this article and the above codes.

B. Whenever any building work is being done contrary to the provisions of this article, another controlling ordinance or statute governing the building, the City Secretary, or his/her designee, or code enforcement officer designated by the City Secretary, or his/her designee, may order the work stopped by notice verbally or in writing served on any persons engaged in the doing or causing such work to be done and the city shall post a stop-work order on the property adjacent to the posted building permit, and any such persons shall forthwith stop such work until authorized by the City Secretary, or his/her designee, or code enforcement officer to proceed with the work. If no permit has been issued, all work shall stop until a permit has been properly issued and all errors corrected to the satisfaction of the City Secretary, or his/her designee, or code enforcement officer. The City Secretary, or his/her designee, or code enforcement officer may also issue a work correction order, which shall be served upon any persons who are working on a certain aspect of the construction project. The work on other aspects of the construction not in violation of the city’s ordinances may proceed, but work shall cease as to that aspect in violation of the city’s ordinances.

C. This article and any code or provision adopted by this article may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this article, with respect to any land, building or development within the city, by fine and penalties as provided herein.

10.18 Sec. 3.1218 Amendment of OrdinancesAll other ordinances, or parts thereof, regulating the abatement of dangerous structures, that are in conflict herewith are amended to the extent of such conflict only. In the event of a conflict or inconsistency between this article and any other code or ordinance of the city, the terms and provisions of this article shall govern.

(Ordinance 13-03-07-02, sec. 2, adopted 3/7/13)

85

article 3.100 building regulations* · web viewretaining walls not taller than 18 inches may also...

Documents