ORD 1999-17 - Amending Tile 32 - 06-29-1999ORDINANCE NO. 99-17
AN ORDINANCE AMENDING TITLE 32 "COMMUNITY DEVELOPMENT,"
CHAPTER 2 "DEVELOPMENT, DIVISION AND USE; PERMITS REQUIRED FOR
DEVELOPMENT, DIVISION AND USE; CERTIFICATES OF COMPLIANCE AND
OCCUPANCY; PLATTING REQUIREMENTS, PENALTIES AND
ENFORCEMENT," SECTION 202 "CERTIFICATES OF COMPLIANCE FOR
UTILITY SERVICE" TO REQUIRE THE CERTIFICATE TO ALSO APPLY TO
SETBACKS AND CHAPTER 5 "LOT STANDARDS," SECTION 501.3
"SETBACKS" OF THE CITY CODE BY ADDING A NEW SUBSECTION (3) THAT
PROVIDES THAT NO PERSON SHALL PLACE OR ALLOW TO BE PLACED
ANY MANUFACTURED HOME OR MOBILE HOME ON A LOT IN VIOLATION
OF THE BUILDING SETBACK LINES; DECLARING A PENALTY; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has experienced a problem with property owners and the sellers
ofmanufactured housing and mobile homes placing or "setting -up" the manufactured homes
and mobile homes on lots within the corporate limits in violation of the City's building
setback lines and without first obtaining a certificate of compliance; and
WHEREAS, the City is desirous of holding those persons and entities responsible for
placing the manufactured housing and mobile homes on lots within the City in violation of
the building setback lines; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, THAT:
SECTION 1: That Title 32 "Community Development," Chapter 2 "Development,
Division and Use; Permits Required for Development, Division and Use; Certificates of
Compliance and Occupancy; Platting Requirements, Penalties and Enforcement," Section
202 "Certificates of Compliance for Utility Service," is hereby amended to hereinafter read
as follows:
202. CERTIFICATES OF COMPLIANCE FOR UTILITY SERVICE AND
SETBACKS
(1) Upon approval by the Commission or the Planning Officer of a development
permit and plats, if any are required, the Planning Officer shall issue to the
person applying for a development permit a Certificate of Compliance for Utility
Service and Setbacks saying that the permit and plat have been reviewed and
approved by the appropriate municipal authority. Any person desiring to place
a mobile home or manufactured home on a lot within the City must first obtain
a Certificate of Compliance for Utility Service and
Setbacks from the Planning Officer before placing or having placed a mobile
home or manufactured home on said lot. A person violates this Code and
commits an offense if he/she places or allows to be placed any mobile home or
manufactured home on any lot within the City without first obtaining a
Certificate of Compliance for Utility Service and Setbacks from the City.
(2) The City Utility Officer Supervisor, or any public utility that provides water,
sewer, electricity, gas or other utility service, a water supply or service
corporation, the County, or any special district that provides such service, shall
not serve or connect any land, in the City or its extraterritorial jurisdiction with
such services unless presented with a Certificate of Compliance for Utility
Service and Setbacks applicable to the land under this section.
SECTION2: That Title 32 "Community Development," Chapter 5 "Lot Standards,"
Section 501.3 "Setbacks" of the City Code is hereby amended by adding a new Subsection
(3) which shall hereinafter read as follows:
501.3 Setbacks
(3) Violation by manufactured homes, mobile homes.
A person violates this Code and commits an offense if he/she places or allows to be
placed any manufactured home or mobile home on any lot within the City in
violation of the building setback lines established by this Section.
SECTION 3: It shall be unlawful for any person to violate Sections I or 2 of this
Ordinance, and any person violating or failing to comply with Sections 1 or 2 shall be fined,
upon conviction, in accordance with the provisions of Section 1602 of Title 32, and a
separate offense shall be deemed committed upon each and every day that this provision of
the Code is violated. The other provisions of Section 1602 of Title 32 also shall apply to any
person violating or failing to comply with Section 1.
SECTION 4: This Ordinance shall be cumulative of all other ordinances of the City
and shall not repeal any of the provisions of those ordinances except in those instances where
the provisions of those ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 5: If any portion of this Ordinance shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Board hereby determines that it would have adopted this Ordinance
without the invalid provision.
SECTION 6: This Ordinance shall take effect immediately from and after the date
of its passage.
PASSED AND APPROVED ON THIS A DAY OF 0 1999.
THE CITY OF HUNTSVILLE, TEXAS
William B. Green-, Mayor
ATT ST:
v-1,
Danna Welter, City Secretary
APPROVED AS TO FORM:
aul . Isham, City Attorney