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1662 ORD AMENDING ORDINANCE NO 1215 AND ADOPTING NATIONAL BUILDING CODE 1955 EDITIONORDINANCE NO, 1662 0 AN ORDINANCE AMENDING URDINANCE NOo 1215 AND ADOPTING THE NATIpNAL BUILDING CODEy 1955 EDITION, AS PUBLISHED BY THE NATIQNAL BOARD C?F FIRE UNDERWRITERS, AND ALL SUBSEQUENT AMENDMENTS THERETO, AND SUCH OTHER AMENDMENTS AS MAY HERE- AFTER BE MADE AND PUBLISHED THERETO, AS THE BUILDING CODE OF THE CITY OF PARIS; PROVIDING REGULATIONS GOVERNING THE CQN- STRUCTION, ALTERATION, EQUIPMENT OR REMOVAL OF BUILDINGS OR STRUCTURES; PROVIDING FOR AND DESIGNATING FIRE LIMITS; PROVID- ING FOR FEES FOR PERMITS; PRESCRIBING THE PENALTY FOR VIOLA- TION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS QF ORDINANCES OF SAID CITY IN CQNFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, T EXA S: Section 1, Repealing Section 1 of Ordinance No. 1215, That for the purpose of establishing rules and regulations for the con- struction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, there is hereby adopted as the Building Code of the City of Par}s, Tex.as, that certazn Building Code, known as National Bw7ding Code, 1955 Edition, recommended by the National Board of Fire Underwriters of New York, save and except such portions as are herein deleted, modified, or amended, and that the same be and it is hereby adopted and incorporated as fully as if set out at length herein, a copy of which has been and is now on file in the Office of the City Clerk of the City of Paris, Texas, and from and after the effective date hereof, the provisions thereof shall be controlling in the construction of all buildings and other structures therein contained within the corporate limits of the City of Paris9 Texas. ' Section 2, That the Fire Limits as fixed in Ordinance No, 1215 are amended by adding thereto any Fire Limits which have been added by amend- ment to the zoning ordinance under Zoning Ordinance No. 1409 of the City of Pariso Section 3. That the repeal of Section 1 of Ordinance No. 1215 shall be and become effective upon the effective date of this ordinance. Section 4, That Section 7 of Ordinance No. 1215, Sub-section l(a) shall apply to each violation of any portion of the 1955 Building Code, Section 5, There is excepted from the 1955 Building Code and from this adoption, all of Section 107, "Board of Appeals", and all of the sub-sections from 1 to 9 thereof are specifically excepted from this adoption, and in place and in lieu thereof, it is ordained as follows: (1) There is hereby established in the City of Paris a Board, to be called a Board of Appeals, eonsisting of seven members, who are or may hereafter compose the seven members of the City Council of the City of Paris, or so many of said seven members of the City Council as are present or participating in any City Council meeting, four members of which City Council shall con- stitut e a quorum. `{2) The term of office provided for in the Cha.rter of the City of Paris shall be the term of office of the members of the City Council. (3) The minutes and records kept shall be the same minutes and records provided for in the Charter for Council Meetings of the City of Paris, and an appeal may be heard at any time at a special or regular meeting of the City Council, (4) APPEALS. (a) Any person aggrieved or the head of any agency of the City of Paris may take an appeal to the Board of Appeals from any decision of the Building Official or the Department of Public Works. (b) An appeal may be taken within ten (10) days from the date of the decision appealed, by filing with the Building Official or the Department of Public Works and the Clerk of the City of Paris, a notice of appeal, specifying the grounds thereof, except that in the case of a building or structure, which in the opinion of the Building inspector is unsafe or dangerous, the Building C}fficial may limit the time for such appeal to a shorter period. The Suilding Official or the Director of the Department of Public Works shall forthwith transmit to the Board of Appeals all of the papers upon which the action appealed from was taken. (5) (a) The City Council when so appealed to and after a public hearing may vary the application of any provision of this code to any particular case, when, in its opinion, the en- forcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or public interest, or, when in its opinion, the interpretation of the Building Official or Department of Public Works should be modified or reversed. (b) The decision of the City Council to vary the application of any provision of this code or to modify an order of the Building Official shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor. ~6) (a) The City Council shall in every case reach a decision without unreasonable or unnecessary delay. Every de- cision of the City Council shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the Office of the City Clerk and in the Office of the Building afficial and shall be open to public inspectiono Acertified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the Office of the Building Official for two weeks after filing. (b) If a decision of the City Council reverses or modifies a refusal, order, or disallowance of the Building Official or Department of Public Works, or varies the application of any provision of this code, the Building Official shall take action immediately in accordance with such decision. (7) Any person, including the Building Official and the Department of Public Works of the City of Paris, who may be aggrieved by a decision of the City Council, whether previoualy a party to the proceeding, 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, Tex.as, to correct errors of law in such decisioni and upon such appeal a trial shall be had under the substantial evidence rule, as provided for under the laws of Tex.as. Section 6. Nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred, nor cause of action accrued or existing under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. Section 7, If any section, sub-section, sentence, clause, or phrase of this ordinance or of the Building Code hereafter adopted, shall for any reason be held to be unconstitutional or invalid, such holding shall not in- validate or affect the remaining portions of this ordinance or of the Building Co de h er eby adopted. Section 8, All ordinances or parts of ordinances in force at the time of the passage of this ordinance in conflict herewith are hereby expressly repealed. Section 9, This ordinance shall be and take effect twenty (20) days after its passage as required by law. Passed and adopted by the City Council of the City of Paris, this the 20th day of January, A. D., 1964. 1 _ Mayo r ATTEST,: r, City Cerk APPROVED AS TO FORM: c City ttorney, ~