96-006 ORD PROVIDING THE CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 7 ARTICLE II SECTIONS 7-16, 7-18, 7-19 AND 7-20 OF SAID CODE
ORDINANCE NO. 96-006
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING CHAPTER
7, ARTICLE II, SECTIONS 7-16, 7-18, 7-19 AND 7-20 OF SAID CODE; PROVIDING
FOR ADOPTION OF THE STANDARD BUILDING CODE, 1994 EDITION; PROVIDING
FOR DELETIONS, MODIFICATIONS AND AMENDMENTS TO SAID CODE;
PROVIDING FOR CHANGING THE REFERENCE THEREIN FROM DIRECTOR OF
COMMUNITY DEVELOPMENT TO CHIEF BUILDING OFFICIAL; PROVIDING FOR
A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE OF MARCH 1, 1996.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That Chapter 7, Article II, Sections 7-16, 7-18, 7-19 and 7-20 of the Code
of Ordinances of the City of Paris, Paris, Texas, be, and the same are hereby, amended so that
such shall read as follows:
"Sec. 7-16. 5tandard Building Code - Adoption.
"For the purposes of establishing rules and regulations for the construction,
alteration, removal, demolition, equipment, use and occupancy, location and
maintenance of buildings and structures, including permits and penalties, that
certain building code known as the Standard Building Code, 1994 Edition, save
and except such portions as are deleted, modified or amended by this article, is
hereby adopted and incorporated as fully as if set out at length herein. A copy
of such Code has been and is now on file in the office of the City Clerk, and the
provisions thereof shall be controlling in the construction of all buildings and
other structures within the corporate limits of the City. "
"Sec. 7-18. Standard Building Code - Amendments.
"The Code adopted by Section 7-16 is hereby amended as set out in this section:
"Section 104.7, Fees, is deleted.
"Section 108.1, Appointment, is deleted.
"Section 108.2, Membership & Terms, is deleted.
"Section 108.3, Powers, is deleted.
"Section 108.4, Appeals, is deleted.
"Section 108.5, Procedures of the Board, is deleted.
"Section 1803.1, General, is amended by adding the following paragraph
thereto:
Section 1803.1.1.1
"`Construction projects with trench excavations exceeding a depth
of five (5) feet must incorporate a trench safety system constructed
in accordance with detailed plans and specifications for the same
meeting the Occupational Safety and Health Administration
standards. Such detailed plans and specifications shall be included
in the bid documents and the contract.'
"Section 110, Violations and Penalties, is hereby amended to read as follows:
"`A person who shall violate a provision of this Code or who
fails to comply herewith or with any of the requirements hereof,
or who shall erect, construct, alter or repair, or who has erected,
constructed, altered or repaired a building or structure in violation
of a detailed statement or plan submitted and approved hereunder,
or of a permit or certificate issued hereunder, shall be guilty of a
misdemeanor and, upon conviction, shall be fined in any sum not
to exceed two thousand dollars ($2,000.00), and each and every
day's continuance of any violation of the provisions of this Code
shall constitute and be deemed a separate offense.'
"Appendix B, Recommended Schedule of Permit Fees, is deleted. "
"Sec. 7-19. Permit fees.
"(a) General construction permit fees. The fee required for the granting and
issuance of a permit for the construction, repair or alteration of any building shall
be computed as follows:
"Permit Fees
"Total valuation Fee
1$100 and less No fee, unless inspection required,
in which case a$5.00 fee for each
inspection shall be charged.
"$101 to $2,000 $5.00 per thousand or fraction
thereof.
"$2,001 to $15,000 $10.00 for the first $2,000 plus
$3.00 for each additional thousand or
fraction thereof, to and including
$15,000.
115,001 to $50,000 $49.00 for the first $15,000 plus
$2.50 for each additional thousand or
fraction thereof, to and including
$50,000.
150,001 to $100,000 $136.50 for the first $50,000 plus
$2.00 for each additional thousand or
fraction thereof, to and including
$100, 000.
1100,001 to $500,000 $236.50 for the first $100,000 plus
$1.25 for each additional thousand or
fraction thereof, to and including
$500,000.
1500,001 and up $736.50 for the first $500,000 plus
$0.75 for each additional thousand or
fraction thereof.
"Moving Fee
"For the moving of any building of structure, the fee shall be
$50.00.
"(b) SiM. The fee required for the granting and issuance of a permit for the
erection and construction of an electric sign shall be as follows: For signs to and
including thirty-six (36) square feet in area, five dollars ($5.00) each; all signs
in excess of thirty-six (36) feet, the sum of ten dollars ($10.00). The fee for the
granting and issuance of a permit authorizing the construction of billboards shall
be the sum of ten dollars ($10.00) for each panel thereof.
"(c) Fees for delipAuency in procuring permit. The fees prescribed by this
section shall apply to permits issued prior to the commencement of any work of
any building or structure. In the event work is begun on any building or structure
without having obtained a permit as required by the Building Code, there shall
be an additional administrative fee of twenty dollars ($20.00) per day assessed by
the Chief Building Official for each day's delay in procuring the permit. "
"Sec. 7-20. Building board of appeals.
~(a) . . .
(b) . . .
(c) . . .
"(d) Any person aggrieved or the head of any agency of the City may take an
appeal to the building board of appeals from any decision of the Chief Building
Official.
"(e) An appeal may be taken, within ten (10) days from the date of the decision
appealed, by filing with the Chief Building Official and the City Clerk a notice
of appeal, specifying the grounds thereof, except that, in the case of a building
or structure which, in the opinion of the Chief Building Official, is unsafe or
dangerous, the Chief Building Official may limit the time for such appeal to a
shorter period. The Chief Building Official shall forthwith, after affording the
Building Commission the opportunity to make a recommendation on the matter,
transmit to the board of appeals all of the papers upon which the action appealed
from was taken along with said recommendation.
"(f) The City Council, when so appealed to and after a public hearing, may
vary the application of any provision of the Building Code to any particular case,
when, in its opinion, the enforcement thereof would do manifest injustice and
would be contrary to the spirit and purpose of such Code or public interest, or
when, in its opinion, the interpretation of the Chief Building Official should be
modified or reversed.
"(g) The decision of the City Council to vary the application of any provisions
of the Building Code or to modify an order of the Chief Building Official shall
specify in what manner such variation or modification is made, the conditions
upon which it is made, and the reasons therefor.
"(h) The City Council shall, in every case, reach a decision without
unreasonable or unnecessary delay. Each decision of the City Council shall be
in writing and shall indicate the vote upon the decision. Every decision shall be
promptly filed in the offices of the City Clerk and the Chief Building Official and
shall be open to public inspection. A certified copy shall be sent by mail or
otherwise to the appellant, and a copy shall be kept publicly posted in the office
of the Chief Building Official for two (2) weeks after filing.
"(i) If a decision of the City Council reverses or modifies a refusal, order, or
disallowance of the Chief Building Official, or varies the application of any
provision of the Building Code, the Chief Building Official shall take action
immediately in accordance with such decision.
"(j) Any person, including the Chief Building Official, who may be aggrieved
by a decision of the City Council, whether previously a party to the proceedings
or not, or an officer or board, may, within fifteen (15) days after the filing of the
decision of the City Council in the office of the City Clerk, apply to the District
Court of Lamar County, Texas, to correct errors of law in such decision, and
upon such appeal, a trial shall be had under the substantial evidence rule as
provided under the laws of this state. "
Section 2. Any person violating any of the provisions of this ordinance shall be guilty
of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and
each and every day's continuance of any violation of the above enumerated section shall
constitute and be deemed a separate offense.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 4. This ordinance shall become effective on March 1, 1996.
PASSED AND ADOPTED this 12th day of February .
Eric S. Clifford, Mayor _
ATTEST:
Mattie Cunningham, City Cler
7;7APPROVED TO FORM:
i'
j"
T. K. Haynes, ity Attorney