Article 3.100: Housing
Article 3.200: Uniform Plumbing Code Adopted
Article 3.300: Building Code Adoption
Article 3.400: Streets and Sidewalks
Article 3.500: Access Driveways
Article 3.600: Flood Damage Prevention Regulations
Article 3.700: Irrigation Meter Installation Charges
Sec. 3.101 Title
This article shall be known as the Lorenzo Housing Standards Ordinance.
The following terms whenever used or referred to in this article shall have the following respective meanings unless a different meaning clearly appears from the context:
Housing Standards Inspector. Means any authorized employee of the City of Lorenzo assigned or designated by the city manager to carry out certain primary duties as set forth in this article.
Public Authority. Means an officer in charge of any department or branch of the government of the City of Lorenzo relating to health, fire, housing, building regulations or other activities concerning dwellings or buildings in the City of Lorenzo.
Owner. Means the holder of the title in fee simple as recorded in the Deed Records or Deed of Trust Records of the office of the clerk of the county court of Crosby County, Texas, or any party known to have an ownership interest.
Parties in Interest. Means all individuals, associations and corporations who have an interest of record in a dwelling or building or any who are in possession hereof.
Dwellings. Means any building or structure or part thereof used for human habitation, or intended to be used, and shall include any outhouse and appurtenance belonging thereto or used customarily therewith.
Building. Means any structure or part thereof not a dwelling as above defined.
Uninhabitable and Dangerous Dwelling or Building. Means any dwelling or building or structure which has any or all of the defects and deficiencies as listed under Section 3.103 and 3.104 of this article.
Unfit for Human Occupation. Means essentially the same as the term "Uninhabitable and Dangerous Dwelling or Building" as defined above.
Dwelling Unit. Means any room or group of rooms located within a dwelling or building and forming a single habitable unit used or intended to be used for human occupancy.
Habitable Room. Means a room or enclosed space within a dwelling used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage space.
Heating Facilities. Means any stove, wall heater, central heating, hot water radiator, steam radiator, solar system, electrical radiant heater, electrical heat pump, or any other device capable of safe ambient to another and approved by Underwriters Laboratory American Gas Association, or other nationally recognized testing laboratory.
Mobile Homes. Means any currently licensed vehicle or structure designed and capable of traveling on the highways of the State of Texas.
Sec.3.103 Conditions or Defects Constituting an "Uninhabitable and Dangerous" Dwelling or Building
Any or all of the following conditions or defects shall constitute an "Uninhabitable and Dangerous Dwelling or Building" and such dwelling or building shall be declared as unfit for human occupation and violation of this article:
(1) (A) All buildings, including dwellings or dwelling units, where, on a vertical structural section designed as a gravity member there occurs a lateral displacement which causes the resultant pressure to fall beyond the middle third of the base of each gravity member, it shall cause said section to be considered unsafe and subject to correction or demolition.
(B) All buildings, including dwellings or dwelling units whose walls, vertical structural members, other than gravity type walls, list, lean or buckle from their designed position, or show visual signs of deterioration to such a degree that, in the opinion of the Housing Standards Inspector, and imminent hazard to the building, dwelling or dwelling unit or its/their occupants is present shall cause said section to be considered unsafe and subject to correction or demolition.
(2) All buildings, dwellings, or dwelling units which exclusive of the foundation, show thirty-three percentum (33%), or more, of damage or deterioration of the supporting member or members of fifty percentum (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(3) All buildings, dwellings or dwelling units which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) All buildings, dwellings, or dwelling units which have been damaged by fire, explosion, wind, vandalism, or elements of nature so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants thereof or the people of the City of Lorenzo.
(5) All buildings, dwellings, or dwelling units which have outside walls which are not finished with a protective coating or covering sufficient to protect said building, dwelling or dwelling unit from deterioration and the action of the elements.
(6) All buildings, dwellings or dwelling units which have become or are so dilapidated, or decayed and unsafe, or unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.
(7) All buildings, dwellings, or dwelling units having inadequate light, air and sanitation facilities, as defined in Section 3.104, Subsections (I) and (3) of this article, to protect the health, morals, safety or general welfare of human beings, who live or may live therein.
(8) All buildings, dwellings or dwelling units having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of ingress or egress, as defined in Section 3.104, Subsection (2) of this article.
(9) All buildings, dwellings or dwelling units which have parts thereof which are so attached that they may fall and injure members of the public or property.
(10) All buildings, dwellings, or dwelling units, which, because of their condition are unsanitary, or dangerous to the health, safety or general welfare of the people of this city.
Sec.3.104 Minimum Standards
In order to eliminate the existence of and to prevent in the future all "Uninhabitable and Dangerous Dwellings or Buildings" the following minimum standards are hereby established and all the existing buildings, new construction and future installations shall be in accordance with the applicable ordinance of the City of Lorenzo regulating the same.
(1) Basic Equipment and Facilities. All dwelling units shall comply with the following requirements:
(A) There shall be provided a kitchen sink in all dwelling units where cooking facilities exist, which kitchen sinks shall be installed in compliance with the Lorenzo City Ordinance as amended
(B) There shall be provided a flush water closet, a lavatory basin and bathtub or shower, shall be installed in compliance with the Lorenzo City Ordinance as amended, and such flush water closet, lavatory basin and bathtub or shower shall be enclosed in a separate room to afford privacy to a person within said room.
(C) Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of paragraph (A) and (B) of Subsection (1) of this section of this article shall be connected with both hot and cold water lines.
(D) There shall be provided water heating equipment and facilities of a minimum storage capacity of twenty (20) gallons for each dwelling unit, which facilities are installed in compliance with Lorenzo City Ordinance as amended, and connected with water lines as required under the provisions of paragraph (C) of this Subsection of this article and capable of heating water to such a temperature as to permit hot water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower at a temperature of not less than 120° F. Such water heating facilities shall be capable of meeting the requirements of this paragraph regardless of whether or not the heating facilities of the building or dwelling unit are in operation.
(2) In all buildings, dwellings or dwelling units there shall be provided safe and unobstructed means of egress leading to safe and open space at ground level.
(3) Light and ventilation requirements. All buildings, dwellings, or dwelling units to be used for the purpose of human habitation or residence shall comply with the following requirements:
(A) Substantially every habitable room shall have at least one window area measured between stops, for every habitable room shall be ten percentum (10 %) of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructions are located less than three (3) feet from the window (and extend to a level above that of the ceiling of the room) such a window shall not be deemed to face directly to the outdoors and shall not be inclined as contributing to the required minimum total window area. Whenever the only window in a room is skylight type window in the top of such room the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room.
(B) Every habitable room shall have at least, one window or skylight which can be opened easily, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size or minimum skylight type window size, as required in paragraph (A) of Subsection (3) of Section 3.104 of this article except where there is supplied some other device affording adequate ventilation and approved by the Housing Standards Inspector.
(C) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in paragraph (A) and (B), Subsection (3) of 3.104 of this article except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in operating condition and approved by the Housing Standards Inspector.
(D) Every habitable room of each dwelling shall be wired for electricity substantially in compliance with the Electrical Ordinance of the City of Lorenzo, and every water closet, compartment, bathroom, furnace room, and public hall shall contain at least one electric light fixture controlled by a switch. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition.
(E) Every dwelling shall be supplied with effective protection against the entry of flies, mosquitoes, other insects and rodents.
(4) Heating Requirements. All buildings, dwellings, or dwelling units used for the purpose of human habitation and residence therein, shall comply with the following requirements:
(A) Every dwelling shall have heating facilities in compliance with the standards and regulations set forth in the Lorenzo City Ordinance which heating facilities shall be maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 70° degrees Fahrenheit, at a distance three feet above floor level, under ordinary minimum winter conditions.
(5) Sl2ace Use and Location Requirements. All buildings, dwellings, or dwelling units used for the purpose of human habitation and residence therein shall comply with the following requirements:
(A) Every dwelling unit shall contain at least 250 square feet of floor space of habitable room area for the first one and/or two occupants thereof and at least 60 additional square feet of habitable room space area for every additional occupant thereof. For the purpose of computing habitable room area in this subsection, children under the age of one shall not counted.
(B) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, of habitable room area, and every room occupied for sleeping purposes by two occupants shall contain at least 30 additional square feet of habitable room area, and every room occupied for sleeping purposes by more than two (2) occupants shall contain at least 20 additional square feet of floor space of habitable room area for each additional occupant thereof. For the purpose of computing habitable room area in this subsection, children under the age of one shall not be counted.
(C) At least one-half of the floor area of every habitable room shall have a ceiling height of at least 7 feet; and the floor area of that part of any room where the ceiling height is less than 5 feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(D) The requirements of Section 3.104, Subsection (5) do not apply to any'
hotel, motel, tourist court where the occupant in question has a residence c elsewhere, or does not occupy local quarters for a period of longer than 15 consecutive days. Neither do the requirements of the Subsection (5), Section 3.104 apply to mobile homes as that term has been defined herein.
The provisions of Section 3.104, Subsection (5) shall apply to the construction of all buildings, dwellings and dwelling units within the city limits from and after the effective date of this article. The provisions of Section 3.104, Subsection (5) shall apply to all existing buildings, dwellings, and dwelling units from and after the date of classification of any area as an enforcement area within which it is determined by the city council at a public hearing that said designated area required, in addition to all health and safety, the prevention of crime and the correction of conditions contributing to the cause of juvenile delinquency, and the reduction of economic and social instability within the area so designated, that the provisions of this subsection be enforced.
In the event any person or group of persons requests a determination of the existence of such conditions for any area not designated, the city council, under such rules and regulations as it may determine, shall set a date for a public hearing and publish a notice thereof at least once, and at least three days prior to the date of such public hearing, in a newspaper published in the City of Lorenzo and determine at such hearing whether or not such area is an area in which the conditions exist which require the application and enforcement of the standards, provisions and restrictions set forth in this section. No such area shall be less than five (5) acres tract, including public streets and public owned property therein and no more than 800 acres for the consideration at any public hearing to be held by the council on anyone date.
Sec.3.105 Procedure for Repair, Vacation or Demolition
The following procedures shall be followed in substance by the Housing Standards Inspector in ordering repair, vacation or demolition of said dwelling or building:
(1) If the "Uninhabitable and Dangerous Dwelling or Building" is reasonably repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.
(2) If the "Uninhabitable and Dangerous Dwelling or Building" is fifty percentum (50%) damaged or decayed or deteriorated, it shall be ordered demolished.
(3) If the "Uninhabitable and Dangerous Dwelling or Building" cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered demolished. ~
(4) If the "Uninhabitable and Dangerous Dwelling or Building" is a fire hazard existing or erected in violation of the terms of this article, or any other ordinance of this city, or the statutes of the State of Texas, it shall be demolished, providing the said fire hazard is not eliminated by the owner or other interested persons within a reasonable time,
Sec.3.106 Uninhabitable and Dangerous Dwelling or Building Nuisance
All "Uninhabitable and Dangerous Dwellings or Buildings" within the terms of Section 3.103 and 3.104 of this article are hereby declared to be public nuisances, and shall be vacated and either repaired or demolished as hereinbefore or hereinbefore provided.
Sec.3.107 Housing Standards Commission
(a) Membership. There is hereby created and established
a commission to be known as .the Housing Standards Commission
of the City of Lorenzo which shall be composed of
five members, each of whom shall be a resident of the City of Lorenzo.
(b ) Appointment and Selection. Such members shall be appointed by the city council of the City of Lorenzo in staggered terms of one member appointed for one year , two members for two years, and two members for three years, and shall serve until their respective successors shall have been duly appointed and qualified.
(1) Any member of the Housing Standards Commission shall be eligible for reappointment to said commission.
(2) The members of the commission shall elect one of themselves to serve as chairman of such commission.
(3) Any member of said commission may be removed at any time by majority vote of the city commission for inefficiency, neglect of duty or malfeasance in office.
(1) Said Housing Standards Commission shall have the power and it is hereby
authorized to hear any person, persons, firm, partnership or corporation which I may appeal the decision of the Housing Standards Inspector with respect to ! the vacation order and order to either repair or demolish any dwelling, dwellings, buildings, walls or structures which may have been found by said Housing Standards Inspector to be an "Uninhabitable and Dangerous Dwelling or Building" under the provisions of Sections 3.103 and 3.104 of this article. Such appeal shall be made by written statement to the commission within five (5) days after the final written decision from the Housing Standards Inspector, as provided in this article and after notice of hearing, as provided in this article, said commission shall render a decision as to whether or not such dwelling, dwellings, buildings, building, walls or structures are uninhabitable and dangerous dwelling or building. Said commission is given the power to make rules and regulations governing the conduct of such hearing.
(2) If the decision of the Housing Standards Inspector is based on structural defects, then any owner who has perfected its or his appeal from the decision of the of the Standards Inspector to the Housing Standards Commission shall have the right to request an inspection of said building or dwelling by a committee consisting of three registered technicians in the construction industry , one member to be appointed by the city manager of the City of Lorenzo, Texas, one by the appellant and one by the other two members. The Housing Standards Commission shall accept a written report of such committee, executed by all three members thereof over their respective seals, if any, as except testimony without the necessity of said three members of the committee being present at the hearing before the Housing Standards Commission.
(d) Procedures of Hearing. Upon receipt of a
report of the Housing Standards Inspector, the Housing Standards
Commission shall give a written notice sent via registered mail
or certified mail to the owner, occupant, mortgagee, and all other
persons having an interest l-/ in said dwelling or buildings as
shown by the deed records and Deed of Trust records of Crosby
County , Texas and any other parties known to have an ownership
interest to appear why the building, dwelling or structure reported
to be an "Uninhabitable and Dangerous Building or Dwelling"
should not be vacated, repaired, or demolished in accordance with
the statement of particulars set forth in the Housing Standards
Inspector's notice. On such date, the Housing Standards Commission
shall hold a hearing to hear testimony regarding whether or not
the structure under consideration is an "Uninhabitable and
Dangerous Dwelling or Building". At the conclusion of such
hearing, the Housing Standards Commission shall make written findings
of facts as to whether or not the structure in question is an
"Uninhabitable and Dangerous Building or Dwelling" within
the terms of Section 3.103 and 3.104 of this article. Such written
findings of fact shall be made and concurred in by a majority
vote of such commission. Upon making a determination that such
structure is an "Uninhabitable and Dangerous Dwelling or
Building," the Housing Standards Commission shall issue a
request to the city attorney's office of the City of Lorenzo to
institute a suit, within 30 days after determination and failure
by the appellant, to comply with such decision, in the District
Court of Crosby County to show that such structure is a nuisance
and a hazard and thereby enforce the action taken by the Housing
Standards Commission. Upon final judgment by the District Court
of Crosby County that such structure is a nuisance, and on failure
of such owner to take steps to remedy same, within thirty (30)
days after rendering such final judgment then the City of Lorenzo
is authorized to proceed with the necessary repair, vacating or
demolishing of such structure, and the cost of such repair, vacation or demolition shall be a lien charged against the land on which said structure existed, In favor of the City of Lorenzo.
Sec.3.108 Inspection of Buildings, Dwelling Units and Premises
The Housing Standards Inspector is hereby authorized and directed to make inspection to determine the condition of buildings, dwellings, dwelling units and premises located within the City of Lorenzo, Texas, in order that he may perform his duty of safe guarding the safety, health and welfare of the occupants and the general public. F or the purpose of making such inspections, the Housing Standards Inspector is hereby authorized to enter, examine and survey at all times all buildings, dwellings, dwelling units and premises. The owner or occupant of every building, dwelling and dwelling unit, or the person in charge thereof, shall give the Housing Standards Inspector and/or his assistants free access to such building, dwelling or dwelling unit and its premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a building, dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such building dwelling or dwelling unit, or its premises at all reasonable times for the purpose of making repairs or alternations or for such other purposes as are necessary to effect compliance with the provisions of this article.
Sec.3.109 Duties of Housing Standards Inspector
The Housing Standards Inspector and/or authorized representative shall:
(1) Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places "Uninhabitable and Dangerous Dwelling or building" within the terms of Section 3.103 and 3.104 of this article.
(2) Inspect any building, dwelling, dwelling unit, wall or other part thereof about which complaints are filed by any person or any city department to the effect that a building, dwelling, dwelling unit, wall or part thereof is, or may be, existing in violation of this article.
(3) Inspect annually buildings, dwellings, and dwelling units in all parts of the city to determine whether they are "Uninhabitable and Dangerous Dwellings or Buildings" within the terms of Section 3.103 and 3.104 of this article.
(4) Place a notice on an "Uninhabitable and Dangerous Dwelling or Building"
reading as follows:
"This building has been found to be an Uninhabitable and Dangerous Structure by the Housing Standards Inspector. This notice is to remain on the structure until it is repaired or demolished in accordance with the notice dated which has been mailed to the owner, occupant or mortgagee of this building, and all other persons having an interest in said building, or property as shown by the Deed of Trust Records of Crosby County , Texas, or any structure found by the Housing Standards Inspector of said Housing Standards Commission to be an "Uninhabitable and Dangerous Dwelling or Building" within the Standards set forth in Section 3.103 and 3.104 of this article, and the said notice shall set forth the following information:
(A) Name of owner or other persons interested, as provided hereinabove.
(B) Street address and legal description of the property on which said building is located.
(C) General description of type of dwelling, building, wall or structure deemed unsafe.
(D) A complete, itemized statement or list of particulars which caused the
dwelling, building, wall or structure to be an "Uninhabitable and Dangerous Dwelling or Building" as defined in Section 3.103 and 3.104 hereinabove.
(E) Whether or not said dwelling or building should be vacated by its occupants and the date such vacation shall be effective.
(F) Whether or not the conditions set forth in the statement or list of particulars, as provided for in Paragraph ( 4) above, can he eliminated or otherwise complied with.
(G) Whether or not the said dwelling or building constitutes menace.
(H) Whether or not it is unreasonable to repair the said dwelling or building or otherwise comply with the terms of this article and whether or not said dwelling or building should be demolished.
(I) A statement of the time considered reasonable for party receiving notice to commence to make repairs or otherwise comply and/or demolish the dwelling or building as provided in said notice. A reasonable time shall not exceed thirty (30) days, except in cases of an unusually large buildings. The time to commence may be extended by the Housing Standards Inspector or said Housing Standards Commission for an additional period of up to sixty (60) days, provided, however, the extension is applied for by the owner, or other person interested in the property as hereof the time to commence repair or demolition under the said notice.
(J) A reasonable time to complete the repair or demolition or otherwise comply as provided in said notice, and said reasonable time for completion shall not exceed ninety (90) days from date of notice unless the time is extended by resolution of the Housing Standards Commission of the City of Lorenzo.
Sec.3.110 Duties of Housing Standards Commission
The Housing Standards Commission shall:
(1) Upon receipt of a report of the Housing Standard Inspector, as provided for in
Section 3.109, Subsection (F) hereof, give a written notice, sent via registered mail or certified mail to the owner, occupant, mortgagee, and all other persons having an interest in said dwelling or building as shown by the Deed or Deed of Trust Records of Crosby County, Texas, to appear before it on the date specified in the notice to show cause where the building, dwelling or structure reported to be an "Uninhabitable and Dangerous Dwelling or Building should not be vacated and either repaired or demolished in accordance with the statement of particulars set forth in the Housing Standards Inspector's notice provided for herein in Section 3.110.
(2) Hold a hearing open to the public to hear such testimony as may be presented by any Department of the City of Lorenzo, the Housing Standards Inspector or the owner, occupant, mortgagee, or any other person having an interest in said dwelling or building with relation to the "Uninhabitable and Dangerous Dwelling or Building".
(3) Make written findings of fact from the testimony offered pursuant to Subsection (2) above as to whether or not the dwelling or building in question is an "Uninhabitable and Dangerous Dwelling or Building" within the terms of Section 3.103 and 3.104 of this article by a concurring vote of not less than three (3) members of said committee.
(4) After deliberation of the findings, issue an order based upon findings of facts made pursuant to Subsection (3) above and signed by the chairman of said commission, or acting chairman, commanding the owner, occupant, mortgagee, and all other persons having an interest in said dwelling or building, as shown on the Deed of Trust Records of Crosby County, Texas, to vacate and either repair, or otherwise comply and/or demolish any dwelling or building found to be and "Uninhabitable and Dangerous Dwelling or Building" within the terms of this article.
(5) If the owner, occupant, mortgagee, or other person having an interest in said ~ dwelling or building fails to comply with the order provided for in Subsection (4) above, within ten (10) days, or any reasonable time ordered by said commission, then said commission shall cause such dwelling, building or structure to be repaired or demolished as the facts may warrant under the procedures hereinabove provided in Section 3.105 of this article and costs of such repair or demolition shall be a lien charged against the land, on which said dwelling, building, or structure existed, in favor of the City of Lorenzo or such costs shall be attached to the tax statement as an assessment lien against the land or which the dwelling, building or structure stands, or did stand, or shall be recovered in a suit at law or equity against the owner, provided however, that in cases where such procedure is desirable, and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this city , said commission shall notify the city attorney to take legal action to force the owner to vacate and either make all necessary repairs or demolish the building or structure.
(6) Report to the city attorney the names of all persons not complying with the order provided for in Section 3.110, Subsection (4), hereof.
Sec.3.111 Duties of the City Attorney
(a) Take the necessary legal action as provided in Section 3.107, Subsection (d), hereof.
(b) Prosecute all persons failing to comply with the terms
of the notices provided for
herein in Section 3.110, Subsection (4), as modified by Section 3.107 , Subsection ( d), hereof.
(c) Appear at all hearings before the Housing Standards Commission in regard to "Uninhabitable and Dangerous Dwellings or Buildings".
(d) Bring suit to collect costs incurred by the commission in regarding or causing to be vacated or demolished said "Uninhabitable and Dangerous Dwellings and Buildings".
Sec.3.112 Duties of the Fire, Police and Health Departments
The employees of the fire and police departments and health department shall make a report, in writing, to the Housing Standards Inspector of all dwellings, buildings or structures, which are, may be, or are suspected to be "Uninhabitable and Dangerous Dwellings or Buildings" within the purview of this article. Such reports must be delivered to the Housing Standards Inspector within twenty-four hours of the discovery of such dwelling, building, or structures by way of employee of the fire or police departments or health department.
Sec.3.113 Emergency Cases
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an "Uninhabitable and Dangerous Dwelling or Building" as defined herein is immediately repaired, vacated or demolished, the Housing Standards Inspector shall report such facts to the commission and the said commission shall cause the immediate repair, vacation or demolition of such "Uninhabitable and Dangerous Dwelling or Building". The costs of such emergency repair, vacation, demolition or other compliance of such "Uninhabitable and Dangerous Dwelling or Building" shall be collected in the same manner as provided in all other cases under the terms of this article.
Sec.3.114 Where Owner Absent from the City
In cases, except emergency cases, where the owner, occupant lessee or mortgagee, or other interested party is absent from the city, all notices or orders provided for herein shall be sent via registered mail or certified mail, to the owner, occupant, mortgagee, lessee and all other persons having an interest in said dwelling or building, as described by the Deed Records and Deed of Trust Records of Crosby County, Texas, to be the last known address of each and a copy of such notice shall be posted in a conspicuous place on the "Uninhabitable and Dangerous Dwelling or Building" to which it relates. Such mailing and posting shall be deemed adequate service.
Sec.3.115 Administrative Liability
No officer, agent or employee of the City of Lorenzo shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent or employee of the City of Lorenzo as a result of any act required or permitted in the discharge of his duties under this article, shall be defended by the city attorney until the final determination of the proceedings therein.
Any person, parties in interest, or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any of the requirements thereof shall be subject to a misdemeanor prosecution and upon conviction a fine as provided for in the general penalty provision found in Section 1.106 of this code shall be imposed, and each day that such violation shall be permitted to exist or continue shall constitute a separate offense, in the event a corporation is the violator of any of the provisions of this article each officer, agent and/or employee of such corporation who is responsible for or contributes to such violation in any manner shall be individually and severally liable for the penalties herein prescribed. Where any person, firm or corporation is acting solely as agent for the party in ownership, no penalties under this section shall be assessed against said agent as such.
(Ordinance 112 adopted 11/9/70)
There is hereby adopted, for the purpose of prescribing regulations governing installation, alteration, repair and replacement of plumbing, piping, fittings, fixtures, and equipment which may be connected to the water and sewer system in the City of Lorenzo, that certain code known as the Uniform Plumbing Code, 1997 Edition.
(Ordinance adopting Code)
There is hereby adopted as the building code for the City of Lorenzo, Texas, for the purpose of establishing rules and regulations regarding all buildings and structures in the city that certain building code known as The Uniform Building Code, 1997 Edition, and the same is hereby incorporated by reference herein the same as if fully copied.
(Ordinance adopting Code)
(State. Law reference-Municipal Streets, alleys, etc., V.A.C.S., Art. 1.016: street improvements, V.A.C.S., Art. 1086 et seq., municipal home rule powers, V.A.C.S., Art. 1175, street lighting system, V.A.C.S., Art. 1221 et seq., improvement districts in home rule municipalities, V.T.C.A., Local Government Code, Sec. 372.041)
Sec.3.401 Adoption of State Law
The provisions of Article 1105b, as amended, in Vernon ' s Annotated Civil Statutes, are hereby adopted by the City of Lorenzo as controlling the establishment, construction, and repair of street improvements within the city.
Sec. 3.402 Obstruction Prohibited
(a) Drainage Ways. It shall be unlawful for any person to obstruct, close up, or fill any street gutter or public drainage way of any kind for any purpose.
(b) Public Ways in General.
(1) It shall be unlawful for any person within the city, without obtaining a permit, to erect, construct, reconstruct, alter, or repair, or to permit the erection, construction, reconstruction, or alteration, or repair of any fence, walk, hedge, structure, or any other character of obstruction;
(A) over, on, or across any public property, way, alley, street, sidewalk, or park; or
(B) between the property lines of any lot and a public street or alley line.
(2) It shall be unlawful for any person to stop or stand in the way so as to any manner, obstruct the use of sidewalks, streets, or any other public place in the city by loafing, lounging, or standing in or upon the same.
(3) Any person who shall violate any of the provisions of this section or fail to comply therewith shall be deemed guilty of a misdemeanor.
(4) The owner or owners of any building or premises, or part thereof, where anything in violation of this section shall be placed or exist, and any architect, builder, contractor, or other person assisting in the commission of any such violation shall also be deemed guilty of a separate misdemeanor .
(c) Public Improvements. It shall be unlawful for any person to interfere with, or obstruct by means of threat, coercion, duress, or other methods whatsoever, either directly or indirectly, any public improvement authorized by the city council, the mayor, or other city officials.
(d) Intersections. For the purpose of interpreting this article, certain terms used herein are defined as follows:
(1 ) Intersection Visibility Triangle. The term, "intersection visibility triangle," shall mean a triangle sight area, at any intersection, which shall include that portion of the public right-of-way and any comer lot within a triangle formed by a diagonal line extending through points on the two curbs, gutter, or ditch lines twenty-five (251) from the intersection of curb, gutter, or ditch line (or that point of intersection of the curb, gutter, or ditch line extended) and intersecting the curb, gutter, or ditch line.
(2) Parkway Areas. It shall be unlawful for any person to set out, maintain, or permit or cause to be set out or maintained any tree, shrub, plant, or other view-obstruction within any parkway area, other than within the intersection visibility triangle, which exceeds two feet (2') in height above curb level. This prohibition shall not apply to trees within the parkway area which are trimmed at all times so that no branch is less than seven feet (7') above curb level and which are planted no less than twenty five feet (25') apart; provided, however, such trees shall not interfere with the free passage of vehicles on the street or pedestrians on the side walk or obscure the view of motor vehicle operators of any traffic-control device or street sign, or otherwise create a traffic hazard.
Sec. 3.403 Temporary Culvert Prohibited
It shall be unlawful for any person to construct or build a culvert of wood or other temporary material across any street, gutter, or drainage way.
Sec. 3.404 Display of Merchandise Restricted
It shall be unlawful for any person acting in self interest, or as agent, employee or contractor, to set out for display any merchandise, equipment, racks, empty bottles or cases, or any other articles which create a hazard or would detract from the appearance of the sidewalks or streets in the city.
Sec. 3.405 Numbering of Buildings
(a) Placement of Numbers. All buildings fronting on any street or alley in the city shall be numbered in some conspicuous place, by the owner thereof, according to the map made by the building inspector for such purpose and on file in said office; all odd numbers being on one side of the street and all even numbers being on the opposite side.
(b ) Application for Numbers. Any person desiring
to have a number put on his building ,;""
shall first apply to the building inspector for the proper number; and any person failing or refusing to put the proper number on his building or putting the wrong number thereon, or failing or refusing to comply with any other requirement of this section shall be deemed guilty of a misdemeanor .
Sec. 3.406 Right to Adopt Other Restrictions
The city hereby reserves the right to put into effect, at any time, other restrictions and regulations as to the erection and maintenance of gas mains, pipes, poles, and other appurtenances in the streets, easements, alleys, and other public ways of the city; and, from time to time, to require such gas mains, pipes, poles, and other property, equipment, and fixtures as it may deem proper to be removed on such terms as the city may deem proper.
Sec. 3.407 Enforcement of Ordinance Provisions
It shall be the duty of the city administrator, of any, or the mayor, to cause a written notice to be served upon the occupant or owner of any property upon which any violation of this article exists to correct such violation within ten (10) days after service of such notice. If such violation is not corrected within the specified ten ( 10) day period, the city administrator or mayor is hereby authorized and directed to cause any tree, plant, shrub, or structure constituting such violation to be trimmed, pruned, or removed to eliminate such prohibited condition.
Sec. 3.408 Conformance to Specifications
Any construction, reconstruction, alteration, or repair of a street, sidewalk, alley, driveway, curb, or other improvement within the city shall be in conformance with plans and specifications promulgated therefor by the city engineer, approved by the city council, and on file in the office of the city administrator .
Sec. 3.409 Permit for Construction
It shall be unlawful for any person to construct, reconstruct, alter, or repair any street, sidewalk, alley, driveway, or curb within this city without first obtaining a permit to do so from the city.
(1) Application. Any person desiring a permit required by the provisions of this article shall make an application therefor to the city engineer on forms provided by such engineer for such purpose.
(2) Submittal of Plans and Specifications. Along with the application for a permit required by this article, the applicant therefor shall provide plans and specifications for the proposed improvement. No deviation from such plans and specifications during the improvement for which such permit may be issued under this article shall be permitted without prior approval of the city engineer.
(3) Fee. Before any permit is issued under the provisions of this article, the applicant therefor shall pay a fee to the city engineer as determined by the city council from time to time.
(4) Bond. As a condition to the issuance of any permit under the provisions of this article, the applicant therefor shall file with the city engineer a bond or other instruments of financial responsibility guaranteeing that the contemplated improvement shall be made, constructed, reconstructed, altered or repaired in conformance to plans and specifications therefor, and that the permittee shall be financially liable for any and all damages arising therefrom. The amount of such financial responsibility shall be as determined by the city council from time to time.
Sec. 3.410 Driveways
(a) Construction. All persons owning property abutting to paved streets in the city shall construct or cause to be constructed, at their own cost and expense, returns or driveways paved with concrete, brick, stone, or other material. Such driveways or returns shall lead from curb line to property line on such lots as may be necessary to enter with any vehicle from the street, and shall be constructed on such grades and under such specifications as may be furnished by the city. Where there is no existing curb, concrete or. other permanent paving shall not be authorized for the portions of the driveway to be constructed between the street and the property line. In doing such work, property owners shall have the right to cut down the curb wall, but only as directed by the city engineer. It shall be the duty of the city, upon the application of any property owner, to furnish the correct grade of said proposed return or driveway free of cost, and the construction of said driveway shall be done under the supervision of the city.
(b ) Adoption of State Regulations. The provisions of the booklet entitled, REGULATIONS FOR ACCESS DRIVEWAYS TO STATE HIGHWAYS, dated September 23, 1953, as amended in September, 1960, and published by the Texas Highway Department, in accordance with Minute Order #4719, is hereby adopted by the city for the public safety and protection of the citizens of the city .A copy of this booklet is on file in the office of the city administrator.
(c) Protection of the Public. It shall be the duty of any permittee under the provisions of this article, to provide sufficient and suitable barricades, lights, and other devices necessary to warn and protect the public and insure the safety of the work.
Sec.3.411 Permit For Excavations or Openings
It shall be unlawful for any person to make any excavation or opening in any street, alley, or public highway of the city without first having obtained a permit from the street superintendent to do so.
(1 ) Application. The application for a permit to make any excavation or opening in any street, alley, or public highways of the city shall be made to the street superintendent and shall state clearly the name of the street or highway in which such excavation or opening is proposed, the exact location of said highway wherein it is proposed to make such opening, and the name of the person who proposes to make such excavation or opening.
(2) Bond. The street superintendent shall estimate the probable cost of replacing the soil which may be removed from such public street or highway where proposed excavation or opening is to be made, and shall require the applicant to file a written bond, with two (2) or more sufficient sureties, in an amount sufficient to cover such cost; conditioned that the street shall be restored in as good condition as it was before the excavation or opening therein was made. Such bond shall be received and approved by the street superintendent. If the applicant elects to do so, he may make a cash deposit in such sum as may have been fixed by the street superintendent in lieu of the written bond.
(3) Issuance. When the bond or deposit required in Section 3.411(2) shall have been accepted by the street superintendent, this person shall then issue a permit for the excavation or opening named in the application, and the applicant may then proceed with the work in the exact location designated in his application and in no other place.
(4) Protection of the Public. It shall be the duty of any person making excavation in any street in the city to adequately and sufficiently protect all such excavations by barricades or other obstructions, including not less than one red light on each side of such excavation during the nighttime, so as to prevent accidents or injuries to persons or property, until such time as such excavation is resurfaced and approved by the street superintendent.
(5) Supervision of Work. All the work of excavating or making any character of opening in any of the streets, alleys, or highways of the city shall, at all times, be under the supervision of the street superintendent, and the person or persons doing the work shall do the same in the manner directed by the street superintendent, to the end that the streets and highways of the city shall not be unduly disturbed or traffic thereon obstructed.
(6) Completion of Work. After such excavation or opening shall have been made, the person so making it shall backfill the excavation or opening with such material and in such manner as the street superintendent may require, and shall leave the street or highway in at least the same condition as it was before the opening was made.
(7) Inspection of Work. The conditions of the bond required by Section 3.411 (2) shall not be considered to have been complied with until the street superintendent has accepted the street or highway as being in satisfactory condition. In the event that the person making the opening shall fail to leave the highway in good state of repair, satisfactory to the street superintendent, the street superintendent shall call upon the bondsman to pay for the cost of repairing such highway; provided, however, that in the event of a cash deposit instead of a bond, the street superintendent may proceed to have the street or other property put in good condition, paying for the same out of the deposit made by such person; and if there be any remainder of the deposit after paying for such work, such remainder shall be refunded to the person making the deposit.
Sec.3.412 Approval of Completed Work
All work done or performed under the provisions of this article shall be done or performed in a good, workmanlike manner. Such work shall not be accepted or approved by the city until the premises thereof have been cleaned and cleared of all debris, trash, and rubbish which may have accumulated during such work.
(a) These "Regulations for Access Driveways to State Highways" are herewith adopted for the public safety and protection of the city and of the citizens thereof and all of the provisions herein shall be construed for the accomplishment of that purpose.
(b) Any person, firm, or corporation who shall violate or disregard any of the provisions of this article shall be guilty of a misdemeanor and on conviction shall be fined in accordance with the general penalty provision found in Section 1.106 of this code.
(c) All ordinances and parts of ordinances in conflict herewith are hereby repealed.
(d) An immediate necessity and emergency exists by reason of the public safety and welfare of the citizens and convenience of the citizens of this city and this article shall take effect immediately and shall be enforced from and after its passage and first publication.
(Ordinance 79 adopted 11/14/60)
(State Law reference-Responsibility to establish flood hazard regulations, V.T.C.A., Water Code, See. 15.316.)
Sec. 3.601 Statutory Authorization
The Legislature of the State of Texas has delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of Lorenzo, Texas, does ordain as follows:
Sec. 3.602 Findings of Fact
(a) The flood hazard areas of Lorenzo 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 for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
(b) 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.
Sec. 3.603 Statement of Purpose
It 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 providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that the property is in a flood area.
Sec. 3.604 Methods of Reducing Flood Losses
In 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 flood waters;
(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 flood waters or which may increase flood hazards to other lands.
Sec. 3.605 Definitions
Unless 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
Appeal. Means a request for a review of the Flood Plain Administrator's interpretation of any provision of this article or a request for a variance.
Area Qf Special Flood Hazard. Means 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 ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AB, AH, AD, Al-99, VO, Vl-3O, VE or V.
Base Flood. Means the flood having a one percent chance of being equaled or exceeded in any given year .
Critical Feature. Means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Development. Means any man-made 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.
Elevated Building. Means a non-basement building (i) built, in the case of a building in Zones AI-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones YI-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AI-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V 1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.
Existing Construction. Means 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."
Flood or Flooding. Means 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.
Flood Hazard Boundary Map (FHBM). Means an official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A, M, and/or E.
Floodplain or Flood-Prone Area. Means any land area susceptible to being inundated by water from any source. (see definition of flooding).
Flood Protection System. Means 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.
Levee. Means a man-made 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.
Levee System. Means 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.
Lowest Floor. Means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or 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 non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured Home. Means 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. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, .travel trailers, and other similar vehicles.
Mean Sea Level. Means, 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.
New Construction. Means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community .
Start of Construction. (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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.
Structure. Means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial Improvement. Means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. F or the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary , or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Variance. Means a grant of relief to a person from the requirements of this article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)
Violation. Means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required m Section 60.3(b)(5), (c)(4), (c)(IO), (d)(3), (e)(2), (e)(4), or (e)(5) IS presumed to be in violation until such time as that documentation is provided.
Water Surface Elevation. Means 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 flood plains of coastal or riverine areas.
Sec. 3.606 Lands to Which this Ordinance Applies
The article shall apply to all areas of special flood hazard with the jurisdiction of City of Lorenzo.
Sec. 3.607 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency on its Flood Hazard Boundary Map (FHBM), Community No. 0-03-87, dated April 13, 1987, and any revisions thereto are hereby adopted by reference and declared to be a part of this article.
Sec. 3.608 Establishment of Development Permit
A development permit shall be required to ensure conformance with the provisions of this article.
Sec. 3.609 Compliance
No 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.
Sec.3.610 Abrogation and Greater Restrictions
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 3.611 Interpretation
In 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; and (3) J deemed neither to limit nor repeal any other powers granted under State statutes.
Sec.3.612 Warning and Disclaimer or Liability
The 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 man-made 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 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 thereunder .
Sec. 3.613 Designation of the Floodplain Administrator
The mayor 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 flood plain management.
Sec.3.614 Duties and Responsibilities of the Floodplain Administrator
Duties 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 V provisions of this article.
(2) Review permit application to determine whether proposed building site 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 _________, 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 Article 3.600, Section 3.607, 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 Article 3.600.
Sec. 3.615 Permit Procedures
(a) Application for a development permit shall be presented to the Floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
(1) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any nonresidential structure shall be flood-proofed;
(3) A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Article 3.600, Section 3.617(2);
(4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
(5) Maintain a record of all such information in accordance with Article 3.600, Section 3.602(1).
(b) Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this article and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) 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;
(7) The expected heights, velocity , duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan for that area.
Sec.3.616 Variance Procedures
(a) The city council as established by the community shall hear and render judgment on requests for variances from the requirements of this article.
(b) The appeal board shall hear and render judgment on an appeal only when it i~ alleged there is an error in any requirement, decision, or determination, made by the floodplain administrator in the enforcement or administration of this article.
(c) Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.
(d) 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.
(e) 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.
(f) 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 3.615(a) of this article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance Increases.
(g) Upon consideration of the factors noted above and the intent of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article, Section 3.603.
(h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(i) 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,
(i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and
(iii) 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 law or ordinances.
(3) Any application 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.
(j) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that
(i) the criteria outlined in Section 3.616, Subsection (a)-(i) are met, and
(ii) 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 .
Sec. 3.617 General Standards
In 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 flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Sec.3.618 Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 3.607, (ii) Section 3.614(8), or (iii) Section 3.619(d), the following provisions are required:
(1) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Section 3.615 (a)(1), is satisfied.
(2) Nonresidential Contraction New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest. floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level 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, 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 flood-proofed shall be maintained by the floodplain administrator .
(3) Manufactured Homes.
(A) Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose 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.
(B) All manufactured homes shall be in compliance with Section 3.618(1).
Sec. 3.619 Standards for Subdivision Proposals
(a) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with, Sections 3.602, 3.603, and 3.603 of this article.
(b) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Section 3.608; Section 3.615; and the provisions of Sections 3.617 through 3.619.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 3.607 or Section 3.614b(8) of this article.
(d) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(e) All subdivision proposals including 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.
(Ordinance adopted 4/13/87)