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
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Mayo r
ATTEST,:
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City Cerk
APPROVED AS TO FORM:
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City ttorney,
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