0214 ORDINANCE NO~ 2Z~
AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE
USE, OCCUPANCY AND MAINTENANCE OF DWELLINGS, DWELLING UNITS
AND ACCESSORY STRUCTURES: ESTABLISHING MINIMUM STANDARDS
GOVERNING SUPPLIED UTILITIES AND FACILITIES, AND OTHER
PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS
SAFE, SANITARY, AND FIT FOR HUMAN HABITATION; ESTABLISHING
MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINT[NANCE
OF DWELLINGS AND ACCESSORY STRUCTURES: FIXING CERTAIN
RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF
DWELLINGS;~PROVIDING FOR APPEALS; AUTHORIZING THE INSPECTION
OF DWELLINGS AND ACCESSORY STRUCTURES AND PROVIDING FOR THE
CONDEMNATION OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT
FOR HUMAN HABITATION AND USE~ AND FIXING PENALTIES FOR VIOLATIONS.
WHEREAS, for the general and public health, safety and welfare of all
residents and property owners of the City of Southlake, Texas, it is deemed
necessary to enact minimum housing standards governing the uses occupancy,
and maintenance of dwellings, dwelling units and accessory structures
within the area of jurisdiction of the City; and,
WHEREAS, existing ordinances of the City of Southlake, Texas are not
deemed fully adequate to accomplish such purposes; and,
WHEREAS, the Southern Building Code Congress has developed and made
available a set of minimum housing standards which have been recommended
as being acceptable as a model housing code;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION l- 1973 EDITION OF THE SOUTHERN STANDARD HOUSING CODE ADOPTED.
The 1973 edition' of the "Southern Standard Housing Code" as published by
the "Southern Building Code Congress", except as specifically modified
by this ordinance, is hereby adopted as the "Minimum Standard Housing Code
of the City of Southlake, Texas". Three copies of said 1973 edition of the
Southern Standard Housing Code are expressly incorporated herein by
reference and are on file in the office of the City Secretary for permanent
record and inspection. The provisions therein~ including any amendments
thereto shall be controlling in case of direct conflict with any other city
ordinance, in the use, maintenance and occupancy of all dwelliDgs, dwelling
units and/or structures within the area of jurisdiction of the City of
Southlake, Texas.
SECTION 2- GENERAL AMENDMENTS:
The following sections of the said "Southern Standard }lousing Code" are
hereby declared to be deleted and void and the following shall become a
part of the "Minimum Standard Housing Code of the City of Southlake, Texas";
A. The use of the term "Housing Board of Adjustments and Appeals"
as used in the Southern Standard Housing Code is changed to read "Board of
Adjustment".
B. The phrase "Chief Administrator" of the Southern Standard Housing
Code is changed to read "Mayor of the City of Southlake, Texas".
C. Sections 106 and 107 of the Southern Standard Housing Code
are changed to read as follows: "Section 106 of the Southern Standard
Housing Code shall not be applicable until such time as the City of
Southlake,Texas shall enact an ordinance creating a Housing Board of
Adjustments and Appeals and until such time, appeals from the
Minimum Standard Housing Code of the City of Southlake, Texas shall be
under the jurisdiction of the Board of Adjustment as created under
Ordinance 161 of the City of Southlake, Texas. Section 107 of the
Southern Standard Housing Code shall not be applicable and all appeals
from the Minimum Standard Housing Code of the City of Southlake, Texas
shall be handled under the procedures set forth in Ordinance No. 161
of the City of Southlake, Texas."
SECTION 3- SEVERABILITY CLAUSE:
"Section 109- Validity" of the Southern Standard Housing Code is declared
to be deleted and void, and there shall be inserted in lieu thereof the
following:
"If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance.
Any or all of the remaining portions of this ordinance not held to be
unconstitutional shall continue to be in full force and effect."
SECTION 4- CUMULATIVE OF OTHER ORDINANCES:
This ordinance shall be and is hereby declared to be cumulative of the
provisions of other applicable ordinances of the City of Southlake, Texas,
including all amendments thereto. It is provided however, that a higher
standard provided by other lawfully adopted rule, regulation, ordinance,
private deed restriction or private covenant, shall not be considered a
conflict with the Minimum Standard Housing Code of the City of Southlake,
Texas, and such higher standard shall govern.
SECTION 5- PENALTY FOR VIOLATION:
"Section 108- Violations and Penalties" of the Southern Standard Housing
Code is declared to be deleted and void, and there shall be inserted
in lieu thereof the following:
"Any person, firm, association of persons, company or corporation, or
their agents, servants or employees who violate, disobey, omit, neglect
or refuse to comply with any provision of this ordinance shall be punished
by a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred
($200.00) for each offense. Each day that a violation exists is hereby
declared to be a distinct and separate offense and punishable by law."
SECTION 6- EFFECTIVE DATE:
Thine shall become effective and be in full force and effect from
and after its passage and publication as required by law, and so accordinaly
ordained,
PASSED this / ~/ day of September, 1974.
Mayor
ATFEST:
City Secretary
APPROVED AS TO FORM:
City Attorhe~ ~