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HomeMy WebLinkAboutO-290-3-80e ORDINANCE NO. 290 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 184 OF THE CITY OF ALLEN, TEXAS; AND AMENDING SECTION I OF ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY ADOPTING: THE 1976 EDITION OF THE STANDARD BUILDING CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE, AMENDMENTS; THE 1976 EDITION OF THE STANDARD GAS CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, AND FUTURE AMENDMENTS THERETO; THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, AND FUTURE AMENDMENTS THERETO; THE 1975 EDITION OF THE STANDARD PLUMBING CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE, AMENDMENTS THERETO; AND THE 1976 EDITION OF THE SOUTHERN MECHANICAL CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE, AMENDMENTS THERETO; AND FURTHER AMENDING ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY CHANGING CERTAIN LANGUAGE CONTAINED IN SECTIONS IV(a), IV(b), VII(a), VII(b) AND VIII THEREOF; AND FURTHER REPEALING ORDINANCES NO. 200, 201 AND 215 OF THE CITY OF ALLEN, TEXAS; AND FURTHER AMENDING ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY ADOPTING A NEW FEE SCHEDULE FOR REPAIRS, CONSTRUCTION AND REMOVAL OF STRUCTURES UNDER SECTION VIII(b) THEREOF; PROVIDING FOR A SPECIAL ASSESSMENT FOR THE COST OF REMOVAL OF UNSAFE BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR READOPTION; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building Official has reviewed the 1976 editions of the Standard Building Code and the Standard Gas Code and the Southern Mechanical Code, with current amendments, of the Southern Building Code Congress International, as well as the 1978 edition of the National Electrical Code of the National Fire Protection Association, as amended, and the 1975 edition of the Standard Plumbing Code of the Southern Building Code Congress International, as amended, and recommends the adoption of each code above, as currently amended, by the City Council of the City of Allen, Texas; and, WHEREAS, the said Building Official has further reviewed -the current methods of charging fees for the issuance of certain building, and related, permits, and it' is the opinion that the same should be changed in accordance with the provisions of this Ordinance, and more particularly Exhibit A attached hereto; and, WHEREAS, the City Council has reviewed the recommendations of the Building Official and concurs with the proposed changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: r SECTION I: That from and after the effective date of this Ordinance, Ordinances No. 184, 200, 201 and No. 215 are hereby repealed. SECTION H: That from and after the effective date of this Ordinance, Section I of Ordinance No. 48, "Adoption of Building Codes" is hereby amended in the following manner and shall read as follows, to -wit: SECTION I - "ADOPTION OF BUILDING CODES" There is hereby adopted by the City of Allen for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the following codes: A. Standard Building Code of the Southern Building Code Congress International, being in particular the 1976 edition and including the 1977 amendments and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the provisions of any ordinances of the City of Allen. B. Standard Gas Code of the Southern Building Code Congress International, being in particular the 1976 edition and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the provisions of any ordinances of the City of Allen. C. National Electrical Code of the National Fire Protection Association, being in particular the 1978 edition and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the provisions of any ordinances of the City of Allen. D. Standard Plumbing Code of the Southern Building Code Congress International, being in particular the 1975 edition and the 1977 amendments and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the provisions of any ordinances of the City of Allen. E. Standard Mechanical Code of the Southern Building Code Congress International, being in particular the 1976 edition and the 1977 amendments and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the provisions of any ordinances of the City of Allen. 0 and the whole of the above codes, save and except such portions as are hereinafter deleted, modified or amended, or which are , in conflict with any existing City of Allen ordinance not otherwise repealed herein, of which not less than three (3) copies have been and are now filed in the office of the Clerk of the City of -Allen and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the City of Allen. SECTION III: That from and after the effective date of this Ordinance, Sections IV(a), IV(b), VH(a), VII(b) and VIII of Ordinance No. 48 are hereby amended in the following manner: The term 'building code" contained in the foregoing Sections IV(a), IV(b), VII(a), VII(b) and VIII of Ordinance No. 48 shall hereinafter read 'building, gas; electrical, plumbing and mechanical code." SECTION IV: That from and after the effective date of this Ordinance, Section VIII(b), relating to repairs, construction and removal of structures fees, of the City of Allen Ordinance No. 48, is hereby amended in the manner appearing in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION V: Whenever any structure has been removed, under the provisions of this Ordinance and the Standard Building Code as adopted herein, the City Secretary shall issue either a personal notice or a notice to be published in the official newspaper in the city, notifying the owner to appear before the City Council for hearing on a date to be fixed by the Council, such date being at least ten (10) days after the notice, and to show cause why the charge or cost of removal shall not be imposed against such owner and his premises as a special assessment. If it appears to the City Council upon the hearing that the charge is reasonable and covers only the cost and expense required, the Council shall levy a special assessment against the lot, tract or parcel of land from which any such structure was removed, and that special assessment shall constitute a lien against the premises, and a personal charge against the owner, and the same shall be collected by the tax collector as other taxes are collected in the city. SECTION VI: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence or section of this Ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such 9 unconstitutionality or invalidity shall not affect any other remaining, phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION VII: Any person, parties in interest, or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to a misdemeanor prosecution and upon conviction shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00), 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 Ordinance, each officer, agent and 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 is acting solely as agent for the party in ownership, no penalties under this section shall be assessed against such agent as such. SECTION VIII: Ordinance No. 48, as so amended, and Ordinance No. 186 and Ordinance No. 251 are hereby readopted by the City Council of the City of Allen. SECTION IX: The caption of this Ordinance shall be published one (1) time in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this 6th day of March, A.D., 1980. M. B. Pierson, Mayor ATTEST: ttianelle Cooksey, City Secretary _ APPROVED AS TO FORM: J A. Don Crowder, City Attorney I t U EXHIBIT A New Building Permit Fee A new building permit fee includes all fees for the building, electrical, plumbing, mechanical, fire protection systems and concrete to be done during the new construction which is included on the plans submitted. Work done after the final inspection has been made for said permit will require additional permits for repairs, alterations, additions or finishing of shell buildings or other specific permits or miscellaneous permits. (1) $225.00 for each new single family dwelling (2) $375.00 for each new duplex (3) Townhouses - Flat rate .09 per sq. ft. Garages and covered areas .045 per sq. ft. (4) Apartments - Multi -family dwellings - minimum fee $375.00 Sq. ft. of living area 0 - 20,000 20,001 - 50,000 50,001 - 100,000 100,001 - and over (5) Shell Buildings - minimum fee $225.00 0 - 5,000 5,001 - 50,000 50,001 - 100,000 100,001 - and over Permit Fee .10 per sq. ft. $2,000. for the first 20,000 sq. ft. + .05 for each additional sq. ft. $3,500. for the first 50,000 sq. ft. + .03 for each additional sq. ft. $5,000. for the first 100,000 sq. ft. + .015 for each additional sq. ft. .09 per sq. ft. $450. for the first 5,000 sq. ft. + .05 for each additional sq. ft. $2,700. for the first 50,000 sq. ft. + .025 for each additional sq. ft. $3,950. for the first 100,000 sq. ft. + .015 for each additional sq. ft. ^S6) Completion of shell buildings - minimum fee $225.00 Total sq. ft. 0 - 25,000 25,001 - 50,000 50,001 - and over: Permit Fee .05 per sq. ft. $1,250. for the first 25,000 sq. ft. + .03 for each additional sq. ft. $2,000. for the first 50,000 sq. ft. + .015 for each additional sq. ft. (7) Finished commercial buildings - minimum fee $225.00 0 - 10,000 10,001 - 50,000 50,001 - and over .10 per sq. ft. $1,000. for the first 10,000 sq. ft. + .06 for each additional sq. ft. $3,400. for the first 50,000 sq. ft. + .03 for each additional sq. ft. (8) Additions - Alterations - Repairs - Fire Damage Minimum permit when inspection is not required - $10.00 Minimum permit when inspection is required - $25.00 Permit Fee - $10.00 per thousand dollars ($1,000) or fraction thereof based on actual total market value. (1) Fence Permit (2) Swimming Pool Permit (3) Moving Permit (4) Demolition Permit Single Fee Items $10.00 50.00 25.00 10.00 (5) Temporary Building Permit 50.00 (6) Detached Accessory Buildings (100 sq. ft. or less) 15.00 (7) Detached Accessory Buildings (In access of 100 sq. ft.) 25.00 (8) Filing Fee Appeals 10.00 (9) Certificate of Occupancy 10.00 (Not to be charged if covered by building permit) AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on J and which was issued on ����/�� , by �� of Collin County, Texas. A printed copy of said publication is ache hereto. d SUBSCRIBED AND SWORN to before me this Publisher's Fee $ `�rEi L, -% X,J_-c-� F 4" O(F4 day o , A.A. 19 Not ublic in and for Collin County, Te as r ` 1 4 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS 4 ORDINANCE NO. 290 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 184 OF THE CITY OF ALLEN, TEXAS; AND AMENDING SECTION I OF ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY ADOPTING: THE 1976 EDITION OF THE STANDARD BUILDING CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE, AMENDMENTS; THE 1976 EDITION OF THE STANDARD GAS CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, AND FUTURE AMENDMENTS THERETO; THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, AND FUTURE AMENDMENTS THERETO; THE 1975 EDITION OF THE STANDARD PLUMBING CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE, AMENDMENTS THERETO; AND THE 1976 EDITION OF THE SOUTHERN MECHANICAL CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE, AMENDMENTS THERETO; AND FURTHER AMENDING ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY CHANGING CERTAIN LANGUAGE CONTAINED IN SECTIONS IV(a), IV(b), VII(a), VII(b) AND VIII THEREOF; AND FURTHER REPEALING ORDINANCES NO. 200, 201 AND 215 OF THE CITY OF ALLEN, TEXAS; AND FURTHER AMENDING ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY ADOPTING A NEW FEE SCHEDULE FOR REPAIRS, CONSTRUCTION AND REMOVAL OF STRUCTURES UNDER SECTION VIII(b) THEREOF; PROVIDING FOR A SPECIAL ASSESSMENT FOR THE COST OF REMOVAL OF UNSAFE BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR READOPTION; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 1980. DULY PASSED by the City Council of the City of Allen, Texas, on the 6th day of March, APPROVED: ATTEST: MAYOR CITY SFffRETARY 0 Published in the Allen American Monday, March 10 and Thursday, March 13, 1980 ORDINANCE N0.290 An Ordinance of hs City Of Allen, M County, Texas,'repealing Ordlnancel No. 184 of the City of AllenI Texas; and amending Sec -1 tion 1 of Ordinance No. 48 of the' City of Allen, Texas, by adopting: ;The 1976 Edl- lion , of the Standard Building Code of the' Southern Building Code' Congress Internatlonal-• In• cluding the- 1977,, --,'and future, amendments; 'the 1976 Edition of the Standard Gas Code of the Southern r8ullding"Code Congress In -t ternational, and future amendments—thereto; the 1978 Edition of the N6tlonal` Electrical Code of the Na tlonal Fire Protection Association,,, andl►,futuF6. amendments thereto; the 1975 Edition of the Standard Plumbing Code of the, Southern Building „Code Congrbss into �natlOnal,'in- cluding°•the 1977, 'and future,, amendments ,future, the 1976 Edi -4 tlon_of_ the—Southern Code oofhtthe' Southern Building _ Code Congress International, in. cluding the 7977, and, future, amendrtmr thereto; and aents ding Ordinance No. 48 of J the City of Allen, Texas, by' changing certain language l contained In Sections IV (a), IV (b), VII (a), VII (b)'and�Vllly thereof; and further repeal. Ing Ordinances _ No. 200, 201, and 215•of,the City bf Allen, Texas; and further' amending Ordinance No. 48;1 Of the City of Allen,, Texaa, by adopting a new - tee schedule for repairs, con- struction and removal of structures under Section 1 Vill (b), thereof, Providing for a special assessment for the cost of removal of un% safe buildings; providing a severability clause; pro - Ividing;a penalty for a viola. tion of this ordinance; pro- viding for readoption; pro. viding for the publication of (the caption hereof; and pro-, vlding for an effective date. ti, DULY. PASSED by the Cl. ty Council- bf the City of Allen, Texas, on the 6th day , of March, 1980. -s-M. Pierson, Mayor Attest: }+ -s-Juanelle Codksey, City Secretary (To be published in the Allen t American Monday, March 10 and Thursday, March 13,1 1980). ORDINANCE N0.290 An Order the City of Allen, Collin, County, �Texas, repealing Ordinance No. 184 of the City, of Allen, Texan,. and amending Sec. tion 1 of Ordinance No. 48 of the City of `Allen, Texas, I by' adopting: The 1976 Edl• I tion of the Standard Building Code" of the. Southern . Building Code' Congress .International, In-' cluding the 1977, and' future; amendments; the 1976 Edition of the Standard Ons Code of 'the Southern Building Code Congress in. ternational, and future amendments thereto; the 1978 Edition of the National Electrical, Code of the Na. tional I Fire Protection Association, and' future, amendments thereto; the 1975 Edition of the Standard Plumbing Code of the Southern, Building Code Congress International, in. cluding the 1977, and future,. amendments thereto; and the 1976 Edi. tion of the Southern -Mechanical, Code of_ -the f 1 Southern Building Code Congress, International, in. cluding the 19-77,. and ,future,_ j amendmenta_ thereto; and further amen- ding Ordinance No. 48 of the City of Allen, Texas, by changing certain language contained In Sections IV (a), IV (b), VII (a), VII (b) and VIII thereof; and further repeal. - 'Ing, Ordinances No.. 200,E 201, and 215 of the City of, Allen, Texas; and further, amending Ordinance No. 48 of the City of Allen, Texas,, by adopting a new fee schedule for repairs, con• atruction and removal of structures under Section Vlll (b),. thereof; providing, fora special assessment for. the cost of removal of un. safe' buildings; providing a severability clause; pro. viding a penalty -for a viola -I tion of this ordinance; pro. viding for readoption; pro. viding for the publication of the caption hereof; and pro. 4 viding for an effective date. DULY PASSED by the Cl. HY Council of the City of 1 Allen, Texas, on the 6th day' of March, 1980. Attest`s-M. Pierson, Mayor, : ' .s-Juanelle Cooksey, City Secretary (To be peblished In the Allen f ,American Monday, -March 10 and- Thursday, e March13,