0868AOMCIAL RECORD
ORDINANCE NO.868-A
AN ORDINANCE AMENDING ORDINANCE NO. 868, THE BUILDING
CODE OF THE CITY OF SOUTHLAKE, EXHIBIT B PROVIDING FOR
ORDINANCE INSPECTIONS AS DISTINGUISHED FROM
CERTIFICATE OF OCCUPANCY INSPECTIONS; PROVIDING A
PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERIBILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Southlake desires to provide a more effective
method of tracking occupancy changes as regulated by the Building Code and the Zoning Ordinance;
and
WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this
ordinance providing standards for ordinance inspections and distinguishing them from certificate of
occupancy inspections; and
WHEREAS, the City Council has determined it is necessary to amend these requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. Exhibit B, Local amendments to the 2003 International Building Code is hereby
amended by amending section 110.1 and adding a new section 110.1.1 to read as follows:
110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the
existing occupancy classification, of a building or structure or portion thereof shall be made until the
building official has issued a certificate of occupancy therefor as provided herein. Further, no change
of occupant of an existing building or portion thereof involving a medical occupancy such as a doctor
or dental office or clinic or similar use shall be made until the building official has issued a certificate
of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed
as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
110.1.1 Ordinance Inspection. An Ordinance Inspection shall be required when a billing or meter
change occurs for gas, water or electrical services and a Certificate of Occupancy or building pen -nit is
not otherwise required.
Exception: Individually metered dwellings and dwelling units.
Ordinance inspections shall be requested on a form provided by the Building Official. The building
official shall classify the building occupancy group and construction type according to this code and
the zoning classification according to the Zoning Ordinance. Ordinance Inspections may be used for
any miscellaneous inspection whether required by other codes and ordinances or desired by
individuals. After the Building Official inspects the building or portion thereof and finds no violations
of this code or other laws enforced by the department the building official shall issue a Certificate of
Inspection that contains the following:
1. The inspection permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with
the requirements of this code for the occupancy and division of occupancy and the use for
which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. If an automatic sprinkler system is provided, whether the sprinkler system is required.
11. Any special stipulations and conditions of the inspection permit.
12. The zoning district.
The fee for an Ordinance Inspection shall be $50.00 initially or may be amended by resolution of the
City Council.
(Reason: The IBC as written only requires a Certificate of Occupancy for new buildings, remodeled buildings or
buildings where the occupancy classification changes. Previously by amendment Southlake has also required a
Certificate of Occupancy be issued for a change in the business occupying the property even if the change was
still within the same occupancy group. This amendment would exempt simple tenant changes other than
medical occupancies where there is no occupancy change only in cases where there is no change in billing of
metered utilities for electricity, gas or water. Typically "bills paid" spaces are rented for executive suites and mini
warehouses. This also provides an instrument to allow miscellaneous inspections not required by ordinance
upon request.)
Section 2. Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($ 2,000.00) for all violations involving zoning, fire safety or
public health and sanitation, including dumping or refuse, and shall be fined not more than five
hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted
to exist shall constitute a separate offense.
Section 3. This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
Section 4. It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section 5. The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts without
further proof than the production thereof.
Section 6. The City Secretary of the City of Southlake is hereby directed to publish in the
official newspaper of the City of Southlake, the caption, penalty clause, publication clause and
effective date of this ordinance one time within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
Section 7. All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of any ordinances affecting the regulation and control of the use,
occupancy, maintenance, repair, design, construction and quality of materials for buildings and
structures within the City which have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
Section 8. This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON FIRST READING THIS DAY OF
&-&)b_, 2006.
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PASSED AND APPROVED ON SECOND READING THIS DAY OF
2006
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MAYOR
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CITY SECRETARY
AP OVED AST FORM AND LEGALITY:
Date: D'7 EFFECTIVE:
City Attorney
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INVOICE
Star -Telegram
400 W. 7TH STREET
Customer ID: CIT57
Invoice Number: 277083081
FORT WORTH, TX 76102
RECEIVED -
Invoice Date:
1 1/10/06
(817) 390-7761
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
DEC — 6 2006 I
Due Date:
11/30/06
Bill To:
!
PO Number:
NO PO
CITY OF SOUTHLAKE
OFFICE
Order Number:
27708308
1400 MAIN ST
OF CITY SECRETARY
STE 440
Sales Re p
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
11/10/06
Attn Attn: ACCOUNTS PAYABLE
Description
Location Col Depth
Linage MU
Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO
I3580 1 70
70 LINE
$0.81 $56.70
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in
for the Star -Telegram, publish
depose and say that the att
LEGAL DEPT. STAR TELEGRAM
(817) 390-7320
SUBSCRIBED AND SWORN TO
Thank You For Your I
Net Amount:
$56.70
State, i day personal appeared Lisa Wesselman, Bid and Legal Coordinator
Inc. at Worth, in Tar nt County, Texas; and who, after being duly sworn, did
artis�m nt as publish in the above named paper on the listed dates: BIDS &
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Inesday, November 15, 2006.
9
aryPublic ROFTE10
r RESJA
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
277083081
$56.70
NO PO