ORD 2006-25 - Amend Code of Ordinances Title 9, Section 9.02.11 [10-03-2006]ORDINANCE 2006 -25
AN ORDINANCE AMENDING TITLE 9 BUILDINGS AND
BUILDING REGULATIONS OF THE HUNTSVILLE, TEXAS
MUNICIPAL CODE TO INCLUDE PROVISIONS FOR
MAINTENANCE OF DRIVEWAY APPROACHES AND
APPURTENANCES, CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville is a home rule city acting under its
charter adopted by the electorate pursuant to the Texas Constitution and the
Local Government Code.
WHEREAS, the City of Huntsville finds a need to define maintenance
responsibility for certain areas of ingress /egress associated with streets.
WHEREAS, the City of Huntsville wishes to minimize costly maintenance
for property owners and the city with regards to driveway approaches.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS:
SECTION 1. Title 9 Buildings and Building Regulations, Section 9.02.11
International Property Maintenance Code, shall be appended as follows:
§302.2 Grading and drainage. All premises, including driveway approaches
and associated appurtenances shall be graded and maintained to prevent the
erosion of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
§302.3 Sidewalks and driveways. All sidewalks, walkways, stairs,
driveways, driveway approaches and associated appurtenances, parking spaces
and similar areas shall be kept in a proper state of repair, and maintained
free from hazardous conditions.
SECTION 2. SEVERABILITY CLAUSE
If any part of the provision of this ordinance or the application of this ordinance
to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision,
or application directly involved in the controversy in which the judgment shall
be rendered and it shall not affect or impair the validity of the remainder of these
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regulations or the application of them to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder of these
requirements even without any such part, provision, or application which is
judged to be invalid.
SECTION 3. EFFECTIVE DATE
This ordinance shall be in full force and effect on the date of adoption as shown
below.
PASSED AND APPROVED this 3rd day of October, 2006.
ATTEST:
Danna Welter, City Secretary
0
Thomas A. Ve perj City Attorney
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