HomeMy WebLinkAboutOrd 461-2009 Requiring a CO upon change in ownership tenancy or use of SF and Duplex dwellings.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 461-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE 8, SECTION 5;
REQUIRING A CERTIFICATE OF OCCUPANCY UPON CHANGE IN OWNERSHIP,
TENANCY OR USE OF SINGLE FAMILY AND DUPLEX DWELLINGS; PROVIDING
FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED
$2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas City Council (the "City Council") is committed to
principles of government that protect common resources and promote a safe,
sustainable, and connected community; and
WHEREAS, the City Council has adopted a Strategic Vision that includes goals to
implement policies that promote sustainable development and a strong sense of
community pride; and
WHEREAS, the City Council desires to preserve the quality of the neighborhoods
and residential housing stock within the city; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to required an inspection and
Certificate of Occupancy upon a change of ownership„ tenancy, or use of single
family and duplex dwellings;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT;
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment to Part 11, Article 8, Section 5.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, Part 11, Article 8,
Sectio
Section S. International Residential Code Adopted; Amendments
(a) The 2006 Edition of the International Residential Code, excluding all
references to the 2003 International Energy Conservation Code and the
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2003 International Property Maintenance Code has been adopted.
Copies of the Code, and the amendments thereto, are on file in the
office of the City Secretary is hereby adopted by reference and
designated as the Residential Code of the City of Anna, the same as
though such Code were copied at length herein.
(b) The City Council has adopted the North Central Texas Council of
Governments Recommended Amendments to the International
Residential Code.
(c) The International Residential Code is further amended as follows:
R110.2 Chagge in ownership, tenancy or use. Upon change of
ownership or tenancy in a building or structure used as a single family
or duplex dwelling, the owner or tenant shall request a Certificate of
Occupancy from the building official. If the dwelling unit has been
inspected for a Certificate of Occupancy within 1 year of the change of
ownership or tenancy, a new Certificate of Occupancy shall not be
required.
Prior to allowing occupancy of the building the building official shall
inspect the buildinq for compliance with the requirements of all
applicable ordinances and building code regulations, including but not
limited to this code, the City's Property Maintenance Code -and the
Comprehensive Zoning Ordinance. If violations are found the building
official may prohibit occupancy of the structure and shall direct the
owner or tenant to take such action as is necessary to bring the
premises into compliance with the above codes and ordinances.
(Ord. No. 461-2009, adopted 09-08-09)
Section 4. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each day a violation exists is considered a separate offense and will be
punished separately.
Section 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
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the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective on January 1, 2010 and after its
passage and upon the posting and/or publication, if required by law, of its caption and
the City Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 8m day of September 2009.
ATTESTED: APPRO D:
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Ci Secretary, Natha Wilkison M tyor arre R. riskell
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