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ORD 1981-31 - Various Codes• 3• ORDINANCE NO. 81 -31 AN ORDINANCE AMENDING CHAPTERS SIX, SEVEN AND FOURTEEN OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS; ADOPTING THE STANDARD BUILDING CODE, 1979 EDITION, AND THE 1980 REVISION THERETO, WITH CERTAIN CHANGES AND ADDITIONS THERETO, AS THE BUILDING CODE OF THE CITY OF HUNTSVILLE; ADOPTING THE STANDARD HOUSING CODE, 1979 EDITION, WITH CERTAIN CHANGES; ADOPTING THE STANDARD EXCAVATION AND GRADING CODE, 1975 EDITION, WITH CERTAIN CHANGES; ADOPTING THE STANDARD SWIMMING POOL CODE, 1979 EDITION, WITH CERTAIN CHANGES; ADOPTING THE STANDARD MECHANICAL CODE, 1979 EDITION, WITH CERTAIN CHANGES; ADOPTING THE NATIONAL ELECTRIC CODE, 1981 EDITION, WITH CERTAIN CHANGES AND ADDITIONS THERETO; REGULATING PLUMBING WORK; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: Chapter 6, Buildings, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 6 -1 as presently constituted, and by the adoption of a new Section 6 -1 that shall read as follows: Chapter 6 - Building Codes ARTICLE I. Building Codes. Sec. 6 -1. Codes Adopted by Reference* (a) The book entitled "Standard Building Code, 1979 Edition" and the 1980 Revisions thereto (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the Building Code of the City as fully as if copied at length in this ordinance, and the provisions thereof shall be con- trolling in the construction of all buildings and other structures within the corporate limits of the City. (b) The book entitled "Standard Housing Code, 1979 edition (a copy of which, authenticated by the signatures of the Mayor and City Secre- tary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the Housing Code of the City as fully as if copied at length in this ordinance, and the provisions thereof shall establish the minimum standards for occupancy of buildings. (c) The book entitled "Standard Excavation and Grading Code, 1975 edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the Excavation and Grading Code of the City as fully as if copied at length in this ordinance, and the provisions thereof shall establish the rules and regulations controlling excavation, grading and earth- work construction, including fills and embankments. (d) (1) Chapter 15A, Swimming Pools, of the Code of Ordinances of the City of Huntsville, Texas, is hereby repealed. (2) The book entitled "Standard Swimming Pool Code, 1979 edition (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the Swimming Pool Code of the City as fully as if copied at length in this ordinance, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of swimming pools. 1 'T (e) The book entitled "Standard Mechanical Code, 1979 edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the Mechanical Code of the City as fully as if copied at length in this ordinance, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of mechanical systems. Note: *No appendices are adopted unless specified. Section 2: Chapter 6, Buildings, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 6 -2 as presently constituted, and by the adoption of a new Section 6 -2 that shall read as follows: Sec. 6 -2. Codes Adopted by Reference- Amendments. (a) Standard Building Code. (1) Delete Section 102. (2) Section 103.4 is amended to read: 103.4 - Unsafe Buildings All buildings or structures which are unsafe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition, in accordance with theprovisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville, Texas. (3) Delete Sections 103.7 and 103.8. (4) Section 105.4 is hereby amended to read: 105.4. (a) The building official shall require drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot to be approved by the city engineer prior to the filing with the Building Official. Said drawings shall show the location of all existing easements, storm sewers, natural drains, water lines, sewer lines, location of water and sewer connections. The Building Official may also require a boundary line survey, prepared by a qual- ified surveyor. (b) No building permit shall be issued unless adequate water and sewer service is available to the property or suitable arrangements have been made for obtaining water and sewer service to the building site. The City engineer shall certify on said drawing when same is submitted to the Building Official that the requirements of this paragraph have been made; otherwise, said permit shall not be issued by the Building Official. (c) Plat diagram. No building permit shall be issued unless adequate information is furnished showing the proposed vertical elevation of the finished floor of the structure in respect to the street and lot corners and proof that the building is not subject to flooding by storm water. The City Engineer may require additional engineering data, prepared by a registered pro- fessional engineer, indicating the calculated 25 -year high water elevation of creeks or drainage channels when the building is proposed to be placed near the flood plain of the channel. Finished floor elevations of proposed buildings near the flood plain of a creek or drainage channel shall be a minimum of two feet vertically above the calculated 25 -year high water elevation. No permit shall be issued for buildings or improvements that propose to block the flow of water in creeks or drainage channels or may cause flooding of adjacent property. (See also City's flood hazard area regulations. Code of Ordinances of City of Huntsville, Sec. 6 -10 et seq.) (5) Section 106.1(a) is amended by adding sentences that shall read: (a) . . . No person, firm or corporation shall commence work on any project for which a building permit is required under the provisions of Section 105.1 of this code until such time as a building permit has been issued by the Building Official. The City of Huntsville may enjoin or restrain in a court of competent jurisdiction any construction or work, or continuing construction or work, on any such project commenced prior to the issuance of such building permit. (6) Section 106.1(b) is amended by adding a sentence that shall read: (b) . . . No building permit shall be issued under the pro- visions of this section unless the provisions of the Subdivision Ordinance of the City have been met. (7) Sec. 107.4 is amended to read: Sec. 107.4 - Schedule of Permit Fees. (a) Permit Fees. 1. Where the valuation does not exceed $100.00, no fee shall be required, unless an inspection is necessary, in which case there shall be a $5.00 fee for each inspection. 2. For a valuation over $101.00 up to and including $2,000.00, the fee shall be $5.00 per thousand or fraction thereof. 3. For a valuation over $2,001.00 up to and including $15,000.00, the fee shall be $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and in- cluding $15,000.00. 4. For a valuation over $15,001.00 up to and including $50,000.00, the fee shall be $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. 5. For a valuation over $50,001.00 up to and including $100,000.00, the fee shall be $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00. 6. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $236.50 for the first $100,000.00, plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00. -3- 7. For a valuation over $500,000.00, the fee shall be $736.50 for the first $500,000.00 plus $0.75 for each additional thousand or fraction thereof. (b) Moving of building or structures. For the moving of any building or structure, the fee shall be one hundred dollars ($100.00). (c) Demolition of building or structures. For the demolition of any building or structure, the fee shall be ten dollars ($10.00). (8) Section 111.1 is amended to read: 111.1 Appointment. There is hereby established a board to be called the Board of Adjustments and Appeals, which shall consist of seven (7) members. Such Board shall be composed of an Architect, a General Contractor or Engineer, an Electrician, a Plumber, a Mechanical Contractor, and two other citizens. The Mayor (Chief Appointing Authority) shall appoint Board members with approval of City Council. (9) Section 114 is amended as follows: After the word misdemeanor in the first sentence of said section, a comma should be inserted and the language added "and the punishment therefor shall be as provided in the Code of Ordin- ances of the City of Huntsville, Texas ". The remainder of said section remains unchanged. (10) Delete Section 115. (11) Section 201.2 Tense, Gender, and Number APPLICABLE GOVERNING BODY is amended to read: APPLICABLE GOVERNING BODY - the City of Huntsville (12) Section 301.4(a) is amended to read: 301.4. Scope. a. For the purpose of this Code, the Fire District is estab- lished as follows: Beginning at the southwest corner of Block 8 according to the map and plan of the City of Huntsville, Texas, same being the intersection of the west line of Avenue J with the north line of Eleventh Street; Thence north 200 feet to the northeast corner of Lot 32 in Block 8; Thence west across Block 8, continuing across University Avenue, continuing across Block 1, continuing across Sam Houston Avenue, continuing across Block 2 to the east side of Avenue M; Thence south with the east side of Avenue M to the southwest corner of Lot 48 in Block No. 4 on the north side of Thirteenth Street; Thence east with the north side of Thirteenth Street, 200 feet; Thence south across Thirteenth Street and across Block No. 14 to its south line of the north line of Fourteenth Street; Thence east with the north line of Fourteenth Street to the southwest corner of Lot No. 86 in Block No. 13, on the east side of Sam Houston Avenue; Thence south with the east side of Sam Houston Avenue across Fourteenth Street and continuing to the southwest corner of Lot No. 248 in Block 29; Thence east to the southwest corner of Block No. 29, and con- tinuing with the north line of Fifteenth Street to a point 200 feet east of the southwest corner of Block No. 32; Thence north acorss Block 32, continuing across Fourteenth Street, continuing across Block No. 22, continuing across Thirteenth Street, continuing to a point on the south line of Lot 59 in Block No. 6; Thence east to the west line of Avenue J; Thence north with Avenue J to the northwest corner of Block No. 7; Thence to the place of beginning. (See Map Attached.) (13) Section 1115.1(b) is amended to read: 1115.1 - General b. All interior stairways shall have solid risers, except as specifically approved by the Building Officials. Exterior stairs may have open risers. (14) Figure 1203.7 is amended by adding: City of Huntsville 5 lbs /sq.ft. (15) Figure 1205.1 is amended by adding: City of Huntsville 75 m.p.h. (16) Figure 1206.1 is amended by adding: City of Huntsville is in Zone 1. (17) Section 1702.12 is amended to read: Soil or compacted fill directly below concrete slab will be treated with chlordane solution in either a distillate or water base, applied at the rate of one gallon for every ten square feet. This includes beam bottoms as well as the area below the slab. No compliance with this section is required if the building to be constructed is not frame construction. (18) Section 2002.1 is amended to read: 2002.1 - Toilet Facilities Every building and each subdivision thereof where both -sexes are employed shall be provided with access to at least two toilets located either in such building or conveniently in a building adjacent thereto on the same property; provided, however, that only one toilet is required if there are no more --than five (5) employees on any shift." (b) Standard Housing Code. (1) Section 102.1 is amended to read: 102.1 - Building Official The City of Huntsville (herein called Applicable Governing Body) designates the City's Building Official (herein called Housing Official) as its enforcement officer. (2) Delete Sections 102.2 and 102.3. (3) Sections 103.2(b) and (c) are amended to read: (b) When a residential building is to be demolished, it shall be done so in accordance with Section 6 -9 of the Building Code. (4) Delete Section 103.3 through 103.6. (5) Delete Section 106. (6) Amend Section 107 to read: Section 107 - Appeals. Any person receiving notice from the Housing Official of deficiencies to his property under this Code may within thirty (30) days following the date of such notice enter an appeal in writing to the Board of Adjustments and Appeals (herein also called Housing Board of Adjustments and Appeals). The appellant must state the variance requested, the reasons for it, and the hardship or conditions upon which appeal is made. CROSS REFERENCE Standard Building Code, Section 113. (7) Delete Sections 108 and 109. (8) Amend Section 201 by changing the following definitions: a. Delete ABANDONED MOTOR VEHICLE. b. APPLICABLE GOVERNING BODY shall mean the City of Huntsville. c. HOUSING OFFICIAL shall mean the City's Building Official. (9) Delete Section 308.1. (10) Delete Section 309. (c) Standard Excavation and Grading Code (No changes) (d) Standard Swimming Pool Code. (1) Delete Section 102. (2) Section 105.3(c) is amended by deleting the last sentence of the second paragraph, which sentence reads "permits shall be obtained for all of the electrical, plumbing, related utility connections and heating work prior to issuance of the building permit for the pool structure ". (3) Section 105.5 -Cost of Permit is amended by changing the schedule of fees to that provided by Section 107.4 of the Standard Building Code, as adopted. (4) Delete Section 107. (5) Delete Section 108. (6) Section 202 is amended by changing the following definitions: ADMINISTRATIVE AUTHORITY - City's Building Official. SWIMMING POOL is hereby defined as a receptacle for water, or an artificial pool of water having a depth at any point of more than eighteen (18) inches, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, construction, in- stalled, and maintained in or above the ground and used collectively by numbers of persons for swimming and recreational bathing. (7) Section 301 is amended to read: Sec. 301 - General Unless otherwise specified in this Code, all piping, equipment and materials used in the plumbing system shall conform to Chapter 14 of the Code of Ordinances of the City of Huntsville, Texas (herein called the Standard Plumbing Code). (8) Delete Section 313. (9) Section 315 is amended to read: Section 315 - Final Inspection - Enclosure Required All swimming pool installations must be completed. The pool shall be completely filled with water and in operation before final inspection. (a) For the safety of others, the pool shall be completely enclosed with an approved wall, fence or other substantial structure not less than four feet in height, and so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial gate or gates, or a gate which is kept locked when the swimming pool is not in use, which gates are the same height as the fence; all gates shall be provided with self- latching mechanisms that can be opened only from the interior of the pool enclosure; (b) or, alternatively, a substantial pool cover designed for safety may be used in lieu of an approved wall, fence, or other substantial structural enclosure when the pool is not in use. (10) Add Section 316 which shall read as follows: Sec. 316 - Sanitary Conditions (a) Any person owning or maintaining any swimming pool shall maintain such pool in a sanitary condition. The bacterial con- tent of the water in any swimming pool shall not be allowed to exceed the safe limits as prescribed by established standards of the State Department of Health. Residual chlorine from 0.2 to 0.5 parts per million units of water or any other method of disinfectant approved by the State Department of Health shall be maintained in every swimming pool throughout the period of their use. (b) No water in any swimming pool shall ever be permitted to show an acid reaction to a standard pH test. (c) The health officer or his authorized representative may inspect every public swimming pool located within the city and make an inspection report. In the event the health officer or his representative discovers a violation of the terms and provisions hereof, he shall notify the person owning or maintaining such pool of the violation by leaving a copy of an inspection report with the person owning or maintaining such pool. The health officer shall make a second inspection after a lapse of not less than ten (10) days thereafter, and if the reported violation shall not have been remedied such person owning or main- taining said pool shall be subject to the penalties imposed under this chapter. (11) Add a Chapter VI which shall read: Section 601 - Appeals. Any person aggrieved by a decision of the Building Official may appeal in writing to the Board of Adjustments and Appeals as provided by the Standard Building Code. (e) Mechanical Code. (1) Delete Section 102. (2) Delete Section 109. (3) Amend Section 110 -Right of Appeal to read: Section 110 - Appeals. Any person aggrieved by a decision of the Building Official may appeal in writing to the Board of Adjustments and Appeals as provided by the Standard Building Code. (4) Delete Section 111. (5) Amend Section 201 - Definitions to change or add the following definitions: a. Administrative Authority - City's Building Official. b. Mechanical Official - the City's Building Official. Section 3: Chapter 7, Electrical Code, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 7 -6(a) as presently constituted, and by the adoption of a new Section 7 -6 that shall read as follows: Sec. 7 -6. Installation Standards In every case that no specific type or class of material, or no specific standard of construction is prescribed by the statutes of the State of Texas, installation shall be made in conformity to the standards provided by the National Electrical Code, 1981 edition ( a copy of which is authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office). Section 4: Chapter 7, Electrical Code, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 7 -11(b) as presently constituted, and by the adoption of a new Section 7 -11(b) that shall read as follows: (b) Written examination shall be accompanied by fees as hereinafter provided. A grade of seventy percent (50 %) shall be the lowest passing grade. Examination papers shall be reviewed and graded by the City building official. Section 5: Chapter 14, Plumbing Ordinance, of the Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Sections 7 and 8 - --- as presently constituted and by the adoption of new Sections 7 and 8 that shall read as follows: Chapter 7. Administration Sec. 7. Building Official (a) The City Building Official shall be responsible for administration of this Code. (b) If any building, premises or construction contains improper or defective plumbing that constitutes a hazard to the health, safety and welfare of the general public or its occupants, or where the same has been constructed, erected, altered or repaired without a permit as provided by this code, the Building Official shall have the power to give prompt written notification to the utility involved to cut off the water or gas supply thereto until such improper or defective plumbing shall be made to comply with the provisions of this code, and a certi- ficate shall have been issued. Chapter 8. Appeals Sec. 8. Appeals. Any person aggrieved by any interpretation of this code, or by any decision or ruling of the plumbing inspector under this code, shall have the right to appeal to the Board of Adjustments and Appeals. CROSS REFERENCE Standard Building Code. Section 6: The City Secretary is hereby directed to keep on file three (3) copies of the Plumbing Ordinance of the City of Huntsville, Texas, and to remove the Plumbing Ordinance from the Code of Ordinances of the City of Huntsville, Texas. Section 7. Chapter 6, Buildings, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Article 3. Off - Street Parking and Loading Requirements, that shall read as follows: ARTICLE 3. OFF- STREET PARKING AND LOADING Sec. 12 -30. Off- Street parking requirements. (1) When a building or structure is erected or an existing building enlarged{ or an old structure or foundation is converted to a new use, off - street parking spaces shall be provided in accordance with the following requirements: (a) Bowling alley: Five (5) parking spaces for each alley. (b) Business or professional offices, studio, bank, medical or dental clinic: Three (3) parking spaces, plus one (1) addi- tional parking space for each two hundred (200) square feet of floor area over five hundred (500) square feet. (c) Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium. (d) Community center, library, museum, or art gallery: Ten (10) parking spaces, plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains. (e) Dance hall, assembly or exhibition hall without fixed seats: One (1) parking psace for each one hundred (100) square feet of floor area.. (f) Dwellings: 1. Single-family: Two (2) parking spaces for each single- family dwelling. 2. Duplexes: Two (2) parking spaces for each dwelling unit. 3. Apartment complex: One and one-half (11/2) parking spaces for each one-bedroom apartment unit. Two and one-half (21/2) parking spaces for each two-bedroom apartment unit. Three and one-half (31/2) parking spaces for each three (3) or more bedroom units. For apartment complexes with ten (10) or more units the required number of guest parking spaces will be determined by multiplying the total number of units in the complex by .05. 4. Mobile home parks shall have two (2) parking spaces for each unit. 5. Townhouse/rowhouse shall have two (2) spaces per dwelling unit. 6. Mobile home subdivision shall have two (2) spaces per lot. (g) Furniture or applicance store, hardware store, wholesale estab- lishments, machinery or equipment sales and service, clothing or shoe repair or service shop: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000). (h) Golf course: Three (3) parking spaces for each hole. (i) Hospital: One (1) parking space for each four (4) beds; plus one (1) per employee/shift and one (1) per staff doctor. (j) Hotel: One (1) parking space for each one (1) sleeping room or suite, plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein, including, but not limited to, restaurants, newsstands and cigar stands. (k) Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishments: One (1) parking space for each two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in con- nection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor area. (1) Mortuary or funeral home: One (1) parking space per four (4) 'seats in the auditorium. (m) Motor vehicle salesrooms and used car lots: One (1) parking space for each eight hundred (800) square feet of sales floor or lot area, whichever is greater. (n) Private club, lodge or country club: One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater. (o) Retail store or personal service establishment, except as otherwise specified herein: One (1) parking space for each two hundred (200) square feet of floor area. (p) Restaurant, night club, cafe or similar recreation or amuse- ment establishment: One (1) parking space for each two (2) seats or one (1) parking space for each one hundred (100) square feet of floor area, whichever is greater. (q) Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms. (r) Sanitarium, convalescent home, home for the aged or similar institution: One (1) parking space for each six (6) beds; plus one -half (1/2) parking space per employee per shift. (s) School, elementary: One (1) parking space for each four (4) seats in the auditorium or main assembly room, or two (2) spaces for each classroom, whichever is greater. (t) School, secondary, and co -lege: One (1) parking space for each four (4) seats in the main auditorium or ten (10) spaces for each classroom, whichever is greater. (u) Theater, auditorium (except school), sports arena, stadium, or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces; plus one -half (1/2) per employee. (v) Tourist home, cabin or motel: One (1) parking space for each sleeping room or suite, plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein, including, but not limited to, restaurants, newsstands and cigar stores. (w) Day nursery, day care center, kindergarten: One (1) space per employee, plus four (4) for transient traffic. (x) Shopping center: One (1) parking space per two hundred (200) square feet. (y) Eating /drinking place- service to auto: Twelve (12) spaces minimum plus one per fifty (50) square feet floor area. (z) Airports, bus terminals, etc.: To be determined by planning commission. (2) The following rules shall be applied in computing the number of off - street parking spaces required foreach of the above uses. (a) Floor area shall mean the gross floor area of the specific use. (b) Fractional spaces shall be rounded to the next higher whole space. (c) Buildings or structures containing mixed uses shall provide off - street parking space equal to the sum of the various uses computed separately. (3) The required off - street parking space shall be located on the same lot as the building or use served, except as follows: (a) When an increase in the number of off - street parking spaces is required by a change or enlargement of use, or where off - street parking spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required off - street parking spaces may be located at a distance not to exceed three hundred (300) feet from an institutional building served or five hundred (500) feet from any other nonresidential building served; provided, however, that a written agreement thereto is properly executed and filed as provided below. (b) Not more than fifty (50) per cent of the off - street parking spaces required for theaters, bowling alleys, dance halls, night clubs, restaurants, or similar uses may be provided and used jointly by uses not normally open, used or operated dur- ing the same hours as those listed; provided, hwoever, that a written agreement thereto is properly executed and filed as provided below. (c) Not more than eighty (80) per cent of the off - street parking spaces required for a church, school auditorium or similar use may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; pro- vided, however, that a written agreement thereto is properly executed and filed as provided below. (d) When the required off - street parking spaces are not located on the same lot with the building or use served or when the re- quired off - street parking spaces are provided collectively or used jointly by two (2) or more establishments, a written agreement which assures the retention of such spaces for this purpose shall be drawn and executed by the parties concerned, approved as to form by the city attorney, and filed with the application for a building permit or certificate of occupancy if a change in use is involved. (4) A parking space shall contain a minimum of one hundred seventy - one (171) square feet and shall be approximately nine (9) feet in width and nineteen (19) feet in depth. All parking spaces, parking or maneuver- ing aisles and driveways shall be paved with an all- weather surface. (5) The above parking requirements for specific uses shall not pro- hibit the enlargement of a building or structure; provided excess spaces exist and such enlargement does not create a deficiency in the total number of off - street parking spaces as required by this article. (6) Any proposed land use, whether commercial, industrial or residen- tial, not covered above, which by its nature generates or attracts vehicu- lar activity or traffic, must provide sufficient area (parking spaces) on or near the site to accommodate the vehicular load for residents, custo- mers, clients, supplies, etc., which would normally be associated with the proposed land use, to the satisfaction and approval of the City, Sec 12 -31. Off - street loading requirements. (1) Any use that receives or distributes materials or merchandise by vehicle shall provide off - street loading space in accordance with the following requirements: (a) Industrial uses shall provide one (1) loading space for each ten thousand (10,000) square feet of floor area. (b) Business uses shall provide one (1) loading space for each five thousand (5,000) square feet of building for the first fifteen thousand (15,000) square feet of floor area, plus one (1) load- ing space for each additional fifteen thousand (15,000) square feet of floor area. (d) if the proposed building site contains 10,000 square feet or more. Section 8: Chapter 6, Buildings, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Article IV, Condemnation and Demolition of Unsafe Buildings, that shall read as follows: ARTICLE IV. Demolition or repair of dilapidated or substandard buildings. Sec. 6 -40. Dilapidated, substandard or unfit buildings. Any building or structure that has any of the following conditions and which constitutes a hazard to the health, safety and welfare of the general public or its occupants is declared a dilapidated, substandard or unfit building: (a) Whenever any means of egress or portion thereto is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. (b) Whenever any means of egress or portion thereof, such as but not limited to, fire doors, closing devices, fire resistance ratings, are in disrepair or in a dilapidated or non - working condition such that the means of egress could be rendered unsafe in case of fire or panic. (c) Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the Standard Building Code for new buildings. (d) Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. (e) Whenever any exterior appendages or portion of a building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. (f) Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. (g) Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (h) Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard Codes or of a city, county or state law. (i) Whenever any building, structure or portion thereof is in such a condition as to constitute a public nuisance. (j) Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in re- lation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Sec. 6 -41. Action Required. (a) The Building Official shall inspect any building, structure, or portion thereof that is or may be unsafe. (b) After the Building Official has inspected a building and has determined that such building or a portion thereof is dilapidated or substandard, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof. Sec. 6 -42. Notice to Owner of Intent to Demolish Dilapidated, Substandard or Unfit Building. (a) The Building Official shall prepare a notice of dilapidated or substandard building directed to the owner of the building. The notice shall contain: 1. The street address and legal description of the building, structure or premise. 2. A physical description of the building. 3. A declaration that the building has been found dilapidated, substandard or unfit by the Building Official and a detailed report documenting the conditions rendering the building unsafe. 4. A statement advising that if the required action is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed. 5. A statement that the building may be repaired, removed or demolished by the City and all expenses incurred assessed against the building, the land on which it stood and /or the owner. 6. A statement that any person with an interest in the build- ing may appeal within 15 days and in writing such proposed action to the Board of Adjustments and Appeals; failure to appeal shall constitute a waiver of all rights to an administrative hearing. (b) The notice shall be served, either personally or by certified mail, to the owner at his last known address. The notice shall be served on: 1. any person having legal interest in the property as shown by the City's current tax records; and 2. any person paying a utility service bill for the property; 3. any person actually occupying the property or building. (c) If the Building Official is unable to determine the owner, or notice is returned unserved, notice may be served by 1. publication in the City's official newspaper two times not more than 14 nor less than 10 days apart, and 2. posting on the front and rear doors of said structure for ten (10) days. (d) A copy of the notice shall be filed in the Deed Records of Walker County, Texas. Sec. 6 -43. Vacation of Building. (a) If a building or structure poses an immediate hazard to life or safety of the public, it shall be ordered vacated immediately. (b) Every notice to vacate, in addition to complying with Section 6 -42(a) shall be posted on each entrance and exit to the building and shall state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. (c) Such notice to vacate shall remain posted until required re- pairs or demolition is completed. Sec. 6 -44. Appeals to Board. (a) Any person aggrieved or affected by any decision of the Building Official may appeal such decision to the Board of Adjustments and Appeals. Such appeal shall be filed in writing in the Building Official's office within fourteen (14) days after the decision has been rendered by the Building Official. (b) An appeal shall stay all proceedings in furtherance of the ac- tion appealed from unless the City Building Official certifies to the satisfaction of the Board that by reason of facts stated in the certifi- cation a stay would cause imminent peril to life or property. Sec. 6 -45. Decision by Board. (a) The Board may, after public notice and public hearing, take action relative to the continuance or discontinuance of dilapidated, substandard or unfit buildings or structures. In particular, the Board may 1. permit repair of substandard structures subject to re- quirements pertaining to the structure or premises deemed necessary by the Board; 2. require vacation of buildings deemed unfit for human use or habitation; 3. require demolition of structures deemed dilapidated, sub- standard or unfit. (b) The final decision of the Board shall be in writing. A copy shall be served on the appellant either personally or by certified mail. (c) The final decision of the Board shall not deprive appellant of seeking redress in any civil court of law, provided, however, such appeal must be filed within fifteen (15) days of the Board's final decision. Sec. 6 -46. Demolition of Property. (a) Whenever the required repair, vacation or demolition is not commenced or completed within the time designated by the Building Official or Board, the building shall be posted. (b) Subsequent to posting the building, the Building Official may cause the building or structure to be demolished, removed and /or repaired. (c) The Building Official may approve one or more extensions of time as he may determine to be reasonable to complete the required re- pair or demolition. Such extension requests shall be made in writing stating the reasons therefor. If the extensions in time exceed 120 days, they must also be approved by the Board. Sec. 6 -44. Recovery of Expenses for, Repair, Removal, Vacation and /or Demolition. (a) The Building Official shall keep an accurate record of all expenses of demolition, removal, and /or repair. All such expenses, less any salvage recovery, shall be levied, assessed and collected by the tax office. (b) Any monies received from sale of a building or from demoli- tion thereof, over and above expenses incurred, shall be paid to the owner of record or other persons lawfully entitled thereto. (c) In the event that such charges are not paid when due, the tax collector shall file with the Walker County Clerk a sworn state- ment of the Building Official of the expenses incurred, and the City of Huntsville shall thereby perfect a privileged lien on the property involved, second only to tax and street improvement liens, together with nine per cent (9 %) interest from the date such payment was due. Sec. 6 -48. Offenses defined. (a) A person commits an offense if he removes or defaces a notice posted by the Building Official without written permission from the Building Official. (b) A person commits an offense if he enters any building posted with a notice to vacate by the Building Official without the written permission of the Building Official, except for purpose of making re- quired repairs or demolishing the same. (c) A person commits an offense if he obstructs or interferes with the implementation of any action required by the final notice of the Building Official or the Board. Section 9. The City Secretary is hereby directed to cause Cahpter 6 of the ✓ Code of Ordinances of the City of Huntsville, Texas, to be designated as follows: Sections 6 -1 through 6 -9 shall be designated Article I, Building Codes, and Sections 6 -10 through 6 -19 to be designated Article II, Flood Hazard Area Regulations. Section 10:. Any person, firm or corporation who shall violate any of the provisions of this Chapter, or who shall fail to comply with same shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding two hundred dollars ($200.00). Each day an offense is committed shall constitute a separate offense. Section 11: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such re- peal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regula- ting and governing the subject matter covered by this ordinance. Section 12: If any provision or part of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to the end all provisions of this ordinance are declared to be severable. Section 13: This ordinance shall take effect from and after ten (10) days from its publication. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the City's official newspaper at least once within twenty (20) days after its final passage by City Council. M: 4 $ •4 PASSED UNANIMOUSLY FIRST READING THIS PASSED SECOND READING THIS DAY OF APPROVED THIS DAY OF , 1981. u h DeShaw, City Secretary APPROVED AS TO FORM: Sco t Boun City Attorney , 1981. THE CITY OF HUNTSVILLE, TEXAS By Mayor 4, CHAPTER 14 PLUMBING Subchapter 12. Materials - Quality and Weight Section 12.1. Materials Subsection 12.1.4. Materials and Uses Polybutylene Blue Service Pipe - -This pipe is approved only for water service outside underground for cold water only. Polybutylene Grey Pipe - -This pipe is approved for the above, and for cold or hot water inside and under slab. The grey pipe shall be installed in strict compliance with manufacturer's recommendations and the following rules: (1) The pipe must be placed under the vapor barrier in the soil beneath the slab; (2) No joints under the slab; (3) Pipe must be sleeved where it comes through the concrete slab with the next size pipe or approved roll plastic pipe to protect against possible damage; (4) The method of connection will be with metal crimp rings, by compression, or by fusion.