HomeMy WebLinkAboutOrd 644-2014 Amending Building Regulations.pdf!IV -Irk• • ,
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 8 (BUILDING
REGULATIONS), BY ADDING SECTION 22 ESTABLISHING TIMES WHEN
CONSTRUCTION IS RESTRICTED; PROVIDING FOR PENALTIES FOR CERTAIN
VIOLATIONS 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 ("the City") has previously adopted ordinances,
rules, and regulations governing construction; and
WHEREAS, the City Council of the City of Anna seeks to protect and provide for the
public health, safety, and welfare, of citizens and the general public within the areas
set forth in this ordinance; and
WHEREAS, the City Council finds it to be in the best interest of the public to create
reasonable times for the construction and remodeling of property, both inside and
outside of structures within the City; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend Part
II, Article 8 (Building Regulations), by inserting Section 22 into The Anna City Code of
Ordinances ("Anna Code"), establishing designated times during which construction
is not permitted in absence of an emergency or undue hardship, subject to certain
exceptions;
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. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part II, Article 8 (Building Regulations), by inserting the
following language after Section 21:
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Section 22. Construction times
22.01 Definitions.
For the purposes of this section the following terms have the meanings
described below:
Construction includes inside or outside new construction, remodeling,
rehabilitation, and demolition of a structure; the term also includes any
onsite or offsite improvements (including but not limited to grading,
excavation, landscaping, paving, and similar activity). Delivery and
loading/unloading of materials or equipment is considered
"construction" for the purposes of this ordinance if said activities
involve use of a forklift, dump truck, back hoe, or other similar heavy
equipment.
Emergency shall have the same meaning as defined under Article 50,
Section 1, of this Code.
Utility Service Provider means any person, firm or corporation legally
providing electricity, natural gas, telephone, cable television, internet,
water, sewer, or any other such item or service for use by the general
public.
22.02 Restrictions on times of construction.
(a) On weekdays and Saturdays, Construction may not take place after
7:00 p.m. or before 7:00 am.
(b) Construction on Sunday is prohibited.
(c) Construction in violation of the restrictions created by subsections (a)
or (b), above, is declared to be a nuisance if it results in loud and
raucous noise occurring inside or within 5,000 feet of the corporate
limits of the City of Anna.
(d) A culpable mental state is not required for the commission of an
offense under this article and need not be proved. Reckless,
intentional, or knowing violations of this ordinance may be punished
by a fine not to exceed $2,000 per violation. Violations of this
ordinance without allegation or proof of any culpable mental state may
be punished by a fine not to exceed $500 per violation. It is no
defense to prosecution under this section that the person was ignorant
of the provisions of this subsection after this ordinance has taken
effect.
22.03 Exceptions
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(a) Permit. Construction may be lawfully conducted outside the times
defined by this section if the person performing the work obtains a valid
after-hours construction permit issued by the City Manager or his or
her designee in writing. To be valid, the permit must identify the
persons or entities authorized to perform the Construction, list the
dates and times on which Construction may be conducted outside of
the times set forth by this section, and briefly describe the type of
Construction to be performed. Said permit must be displayed upon
demand by any peace officer or City representative. Issuance of
permits under this subsection are generally limited to circumstances
where compliance with the construction time restrictions set forth in
Section 22.02 would result in an undue hardship or when Construction
is required due to an Emergency. Determinations of undue hardship
shall be made in the discretion of the City of Anna City Manager or his
or her designee in accordance with guidelines developed by the City
Manager, but exceptions will generally be limited to cases of urgent
necessity in the interest of public health and safety.
(b) Certain entities exempt. The construction restrictions created by this
section shall not apply to the City or county, state, and federal
government entities or agents thereof, or to public works projects being
performed on behalf of public such entities. Utility service providers
may also conduct Construction outside of the restrictions provided by
this section if the Construction being performed is to restore or
maintain services to existing customers, but shall not be exempt from
application of this section for Construction activity to expand services
to additional customers or include additional products.
(c) Emergency construction. It is a defense to prosecution for a violation
of this section that the Construction was necessary to prevent or
mitigate an Emergency.
(d) Construction in Public Rights -of -Way. This ordinance does not
apply to Construction in Public Rights -of -Way when a valid
construction permit has been issued for such Construction under
Article 50, "Management of Public Rights -of -Way." When this
exception applies, the times for Construction shall be as stated under
said Article 50, Section 5 of this Code.
Section 3. 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, or the maximum amount allowed under applicable law or the maximum
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amount specified for certain types of offenses under this ordinance for each incident.
Each violation is considered a separate offense and will be punished separately.
Section 4. 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, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 5. 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 14th day of January, 2014.
ATTESTED:
City Secretary, Natha Wilkison
APPRO,'D: �
� 4
Mayor, Michael Crist
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