HomeMy WebLinkAboutOrd 555-2011 Building Regs - Moving Bldgs into the City.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 555-2011
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART II (GENERAL PROVISIONS), ARTICLE 8 (BUILDING
REGULATIONS), SECTION 4 (MOVING OF BUILDINGS INTO THE CITY);
ESTABLISHING ADDITIONAL REGULATIONS RELATED TO MOVING,
RELOCATION AND DEMOLITION OF STRUCTURES; AMENDING THE ANNA CITY
CODE OF ORDINANCES PART IV (SCHEDULE OF FEES), ARTICLE 2 (BUILDING
PERMIT FEES), SECTION 4.04 (DEMOLITION PERMIT FEE); PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR A
PENALTY FOR VIOLATION NOT TO EXCEED $2,000; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously
adopted ordinances, rules and regulations requiring permits for and otherwise governing
moving, relocating and demolition of Structures that are codified in Part II, Article 8,
Sections 3 and 4 of The Anna City Code of Ordinances ("Anna Code") and Part IV,
Article 2, Section 4.04 of the Anna Code; and
WHEREAS, the City Council has investigated and determined that it would be beneficial
and advantageous to provide for additional requirements and procedures related to
moving, relocating and demolition of structures within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments to Code
2.01 In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council
hereby amends Part II, Article 8, Section 4 (Moving of Buildings Into Cities) of the
Anna Code, as follows:
Section 4. Demolition and Moving of Structures Buildings into the City
4.01 Application and Definitions
(a) This section applies to any property owner who seeks to move a
Structure onto a lot or tract of land in the City limits, relocate a Structure
awa from a lot or tract of land in the Cit limits or demolish a Structure
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Ordinances Part II, Article 8; Part IV Article 2
in the City limits.
iQL The following words and phrases, when used in this section, shall have
the meaning ascribed to them by this section. All terminology used in
this section and not specifically defined herein, shall retain its meaning
in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body or if not defined
therein the latest volume of Merriam-Webster's Collegiate Dictionary.
Applicant shall mean a person in the process of applying for a permit
under this section.
Building Official shall mean a Person authorized by the City Manager to
perform the duties prescribed in this section.
City shall mean the City of Anna, Texas.
Facility shall mean any institutional, commercial, public, industrial or
residential structure installation or building (including any structure,
installation, or building containing condominiums or individual dwelling
units operated as a residential cooperative, but excluding residential
buildings having four or fewer dwelling units); any ship; and any active
or inactive disposal site. Any structure, installation or building that was
previously subject to 40 CFR Part 61, Subpart M is not excluded,
regardless of its current use or function.
Permittee shall mean a Person to whom a permit to move, eF-relocate ....
or demolish any old or used house, building or Structure, or portion
thereof, within the corporate limits of the City has been issued.
Person shall mean any individual, corporation or other legal entity.
Structure shall mean..IDlY buildings, Facility-aAd or dwelling houses of
every ~nature aA:€l-or design and it is the intent to give the broadest
interpretation to the meaning of the term.
4.02 Investigation of Application by Building Official
(a) An Applicant shall: (1) submit an application on a City-approved
application form; (2) include with the application all documents and
information required for permit approval under this section or by the
Building Official; and (3) pay any fee(s) and cost(s) required under this
section or the City's Schedule of Fees.
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Ordinances Part II, Article 8; Part IV Article 2
shall inspectffig the house, building or Structure to be moved from or
relocated upon the lot or tract of land, and shall further inspect the lot or
tract of land upon which the house, building or Structure is to be
located or relocated from. He-The Building Official shall then advise the
City Council as to determine whether the house, building or Structure, if
allowed to be moved or relocated as proposed onto the designated lot
or tract of land, would or would not meet all of the requirements ef-the
building Code set forth or adopted by reference in this Code and in
other applicable ordinances or regulations of the City. The Applicant
shall be responsible to pay in advance any costs incurred by the City
related to any necessary travel required to make any such inspection if
the inspection requires travel outside of Collin County, Texas.
(c) Upon filing of an application for a permit to demolish a Structure, the
Building Official shall investigate the application and shall inspect the
Structure to be demolished if it is safe to do so. The Building Official
shall then determine whether the demolition of the Structure would or
would not meet all of the applicable requirements set forth or adopted
by reference in this Code and in other applicable ordinances or
regulations of the City. If, in the judgment of the Building Official,
inspection of the Structure would be unreasonably dangerous, the
Applicant shall be responsible to pay in advance any costs associated
with making the Structure reasonably safe for inspection.
4.03 Building Permits Required
Prior to the issuance of any permit required under this section for the moving~
relocation or demolition of any Structure to be located on any lot or parcel of
ground in the City, the owner of the property on which the Structure is to be
located shall obtain a building permit in compliance with this section and any
additional permits required under the building code{s1 aAG-, subdivision
ordinance, or zoning ordinance of the City. A building Structure or part of any
building Structure shall not be moved through or across any sidewalk, street,
alley or highway within the City's corporate limits or extraterritorial jurisdiction
without first obtaining a building permit from the Building Official. The Building
Official, as a condition precedent to the issuance of mffih-any permit granted
under this section, sAaU--may require a bond to be executed by the Person
desiring such removal permit, with--issued by a corporate surety licensed to
issue surety bonds in the State of Texas to his satisfaction in an amount
reasonably calculated to cover the costs of damage or injury to persons or
property arising from activities undertaken in connection with the permit.
4.04 Issuance of Permit
(a)
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Ordinances Part II, Article 8; Part IV Article 2
hearing on the application. After such public hearing, the City Council
shall either After determining whether a moving or relocation permit
under this section should be issued, the Building Official shall, subject
to the approval of the City Manager, grant the application or deny the
application request, taking into consideration the location and size of
the lot upon which the house, building or Structure is to be located, the
size, condition and Structure design of the house, building or Structure
to be moved or relocated, the population density of the area, the
location and use of the Structure building, the uses and proximity of
other Structures and land in the area, and the condition that the
premises is proposed to be left. No request shall be granted if the Gity
Council Building Official shall find that:
(1) the house, building or Structure to be moved does not meet all
the requirements of all applicable ordinances of the City;
(2) the lot or tract of land with the house, building or Structure
thereon would not meet all of the requirements or the applicable
ordinances of the City;
(3) the house, building or Structure to be moved has deteriorated
more than 50% of its original value by virtue of fire or by virtue of
age or normal wear and tear or other elements;
(4) the moving of such house, building or Structure upon or from the
lot or tract of land would cause injury to Persons or property or
damage to the streets or other public improvements or that the
applicant Applicant cannot provide evidence of adequate public
liability insurance;
(5) the applicant Applicant cannot ensure that he has provide
evidence of the financial resources to bring the building
Structure up to City standards within 90 days after completion of
the move;-e-r
(6) the applicant Applicant cannot ensure that the grounds from
which a building Structure is removed will be completely cleared,
leveled, and cleaned within 90 days after permit is issued.,.; or
(7) the applicant Applicant has failed to pay all required fees under
Part IV, Article 2, Section 4.04 of the Anna Code (Schedule of
Fees) or other costs required under this section.
(b) Demolition Permit. After determining whether a demolition permit under
this section should be issued, the Building Official shall, subject to the
approval of the City Manager, grant the application or deny the
a lication takin into consideration the location and size of the lot
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Ordinances Part II, Article 8; Part IV Article 2
upon which the Structure is to be located. the size. condition and
design of the Structure to be demolished. the population density of the
area. the location and use of the Structure, uses and proximity of other
Structures and land in the area. and the condition that the premises is
proposed to be left. No request shall be granted if the Building Official
shall find that:
(1) the proposed demolition does not meet all the requirements of
all applicable ordinances of the City;
(2) the lot or tract of land after demolition would not meet all of the
requirements or the applicable ordinances of the City;
(3) the Applicant has failed to provide the Building Official with any
asbestos-related survey. report or inspection records required
under state or federal law (such documents being referenced
under Part IV. Article 2. Section 4.04 of the Anna Code
Schedule of Fees as "submittal regarding asbestos");
(4) the moving of such Structure upon or from the lot or tract of land
would cause injury to Persons or property or damage to the
streets or other public improvements or that the Applicant cannot
provide evidence of adequate public liability insurance;
(5) the Applicant cannot provide evidence of the financial resources
to bring the building up to City standards within 90 days after
completion of the move;
(6) the Applicant cannot ensure that the grounds from which a
building is removed will be completely cleared. leveled. and
cleaned within 90 days after permit is issued; or
(7) the Applicant has failed to pay all required fees under Part IV.
Article 2, Section 4.04 of the Anna Code (Schedule of Fees) or
other costs required under this section.
fGtffl..lf the City Council Building Official shall grant the request to move ..
relocate or demolish such house. building or the Structure, the Gity
Council Building Official. subject to approval by the City Manager. shall
cause a written permit to be issued authorizing the moving. relocation
or demolition of such house, building or the-Structure upon or from the
lot or tract of land under such condition,§, requirements, or restrictions
as the City Council Building Official shall determine.
4.05 Issuance of Certificate of Occupancy
No Person shall occu Structure ermitted to be
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Ordinances Part II, Article 8; Part IV Article 2
moved until the Building Official issues the Permittee a Certificate of
Occupancy. No Certificate of Occupancy shall be issued until the house,
building or Structure complies with all conditions of the permit and all
requirements of all applicable sections of the Code.
4.06 Additional Regulations Related to Demolition
(a) A fee for each demolition permit shall be paid to the city in the amount
which is established in the city schedule of fees.
(b) All demolition work, including the removal of the foundation, must be
completed within 60 days from the date of issuance of the demolition
permit. Upon completion of the demolition work, the Permittee shall
clean the premises of all debris, request an inspection of the premises,
and then fill all excavations and grade the area with top soil or other
material approved by the Building Official.
(c) All water and sanitary sewer services shall be disconnected and sealed
in accordance with the appropriate city ordinances and said
disconnects shall be inspected and approved by the public works and
utilities department.
(d) A demolition permit may be revoked by the Building Official at any time
upon a violation of the terms thereof, or upon a violation of any
provision of this section or any other applicable ordinance of the city.
(e) All demolition permits shall expire after 30 days from issuance. The
building official may allow an extension of 30 days due to extenuating
circumstances.
(0 All demolitions shall be conducted in compliance with this section, other
City ordinances and regulations, the Texas Asbestos Health Protection
Act. as amended and all other applicable state and federal law. In the
case of any conflict between any provisions or any such statutes,
regulations, or other law, the strictest provision shall govern.
Liability of City
Neither the City nor any authorized agent acting under the terms of this
section shall be liable or have any liability by reason of orders permits issued
or work done in compliance with the terms of this section.
Penalty
Any person, firm, corporation or business entity violating this section shall be
deemed uilt of a misdemeanor, and upon conviction thereof shall be fined
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Ordinances Part II, Article 8; Part IV Article 2
any sum not exceeding $2,000, unless otherwise specifically set forth in this
Code. Each continuing day's violation under this section shall constitute a
separate offense. The penal provisions imposed under this section shall not
preclude the City of Anna from filing suit to enjoin the violation. The City of
Anna retains all legal rights and remedies available to it pursuant to local,
state and federal law.
(Ord. No. 95-16, adopted 10/10/1995; Ord. No. 554-2011 adopted 08/23/2011
2.02 In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council
hereby amends Part IV, Article 2, Section 4.04 (Demolition Permit Fee) of the Anna
Code, as follows:
4.04 Moving. Relocation. and Demolition Permit Fee.§.
Demotion Permit fee: $50
Moving Permit fee $50
Relocation Permit fee $50
*Must provide a Ie#eF-submittal regarding asbestos with application for permit.
See Part II, Article 8, Section 4 of this Code for additional requirements.
(Ord. No. 555-2011 adopted 08/23/2011)
Section 3. 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
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 anyone or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from 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 23rd day of August 2011.
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Ordinances Part II, Article 8; Part IV Article 2
ATTESTED:
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Ordinances Part II, Article 8; Part IV Article 2