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1217
2018 International Property Maintenance Code ORDINANCE NO. 1217 AN ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION REGULATING ALL EXISTING RESIDENTIAL AND NONRESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY 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, Texas 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, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the maintenance of residential and nonresidential structures and all existing premises; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, vacation, removal, demolition, and abatement of substandard or dangerous buildings within the City of Southlake; and WHEREAS, the City Council have desires to update, revise and clarify the standards and regulations that apply to substandard buildings in conformance with legislative amendments, and to provide for civil penalty as permitted by law; and WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to regulate substandard buildings and establishes procedures thereof; and WHEREAS, it is the intention of the City Council of the City of Southlake to establish minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction and to provide for the giving of proper notice to the owner of a building and to provide for a public hearing to determine whether a building complies with the standards set out in this ordinance. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1 Adoption That the International Property Maintenance Code, 2018 Edition, published by The International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the City of Southlake. A True and correct copy of this document is referenced in Exhibit "A." Section 2 Amendments That the 2018 International Property Maintenance Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Property Maintenance Code are necessary and appropriate to meet the unique construction needs of the City of Southlake, Texas. To effectuate these local modifications, the City council shall enact individual ordinances amending this Ordinance fully setting forth the change to be made in the Property Maintenance Code. The amendments shall be consolidated as Exhibit "B" to this ordinance. Section 3 Recording The material contained in Exhibits "A" and "B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and/or the office of Building Inspections and will be available for public inspection and copying during regular business hours. Section 4 Cumulative Clause 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 5 Severability 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 2 enacted by the City council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. It is not the intention of this ordinance to conflict in any way with the Plumbing License Law of Texas. Section 6 Penalty 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 7 Saving Clause 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 installation and maintenance of existing buildings and premises 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 buy may be prosecuted until final disposition by the courts. Section 8 Publication The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form or on the internet 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. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake or as authorized by law, 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 10 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law but not before May 1, 2019. 3 APPROVED ON FIRST READING THIS 2 DAY OF APRIL, 2019. MAYOR CITY SECRETARY APPROVED ON SECOND READING THIS 16 DAY OF APRIL, 2019. ``��I1111Irrrr�� E TF+q''�,� MAYOR _C'o; • - . ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY a PUBLISHED: t4blv% EFFECTIVE: Nle)oItg EXHIBIT A 2018 International Property Maintenance Code Complete Edition Located in the Building Inspections Office 1400 Main St., Suite 250 City of Southlake, Texas 76092 EXHIBIT B Amendments to the 2018 International Property Maintenance Code The following sections, paragraphs, and sentences of the 2018 International Property Maintenance Code are hereby amended as follows: A triple asterisk (***) identifies a new or revised amendment with the 2018 code. ***Section 202; add definition to read; BUILDING: any fence, awning, canopy, sign, shed, garage, house, tent, structure utilized or intended for supporting or sheltering any occupancy or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application. ***Section 202; add definition to read; BUILDING BOARD OF APPEALS: (sometimes referred to as "the board") is the board created by Ordinance No. 622, as amended. ***Section 202; add definition to read; BUILDING OFFICIAL: the person designated by the city manager to enforce this article. ***Section 202; add definition to read; ELECTRICAL CODE: the electrical code applicable to the structure in question, as adopted and amended by the city. ***Section 202; add definition to read; FIRE CODE: the fire code applicable to the structure in question, as adopted and amended by the city. ***Section 202; add definition to read; MECHANICAL CODE: the mechanical code applicable to the structure in question, as adopted and amended by the city. ***Section 202; add definition to read; Plumbing Code: the plumbing code applicable to the structure in question, as adopted and amended by the city. (All definitions contained in Chapter 2, Section 2.02 of the 2018 Edition International Property Maintenance Code remain unchanged except for the addition of the above definitions.) 0 ENFORCEMENT 1) General. a) Administration. The building official is hereby authorized to enforce the provisions of this Ordinance. The building official shall have the power to render interpretations of this Ordinance and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Ordinance. b) Inspections. The building official and the fire marshal or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Ordinance. c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this Ordinance, or when the building official or his designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Ordinance which makes the building or premises unsafe, dangerous, or hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this Ordinance, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 2) Abatement of Dangerous or Substandard Buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair, vacation, demolition, removal or securing in accordance with the procedures specified in this Ordinance. 3) Unlawful to Violate Ordinance. It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building that is deemed herein to be a nuisance or cause or permit the same to be done in violation of this Ordinance. 4) Inspection Authorized. All buildings within the scope of this Ordinance and all construction or work for which a permit is required shall be subject to inspection by the building official. SUBSTANDARD BUILDINGS DECLARED 1) For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building, and a nuisance: a) Whenever any building is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare in the opinion of the Building Official. b) Whenever any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent 7 that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. c) Any building that is boarded up, fenced or otherwise secured in any manner if: i.) The building constitutes a danger to the public even though secured from entry; or ii.) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(1)(b) above. d) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. e) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. f) Whenever any portion of a building remains on a site after the demolition or destruction of the building. g) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. h) Any building constructed and still existing in violation of any provision of the International Building Code, International Residential Code, International Fire Code, International Plumbing Code, International Mechanical Code, National Electrical Code, or International Property Maintenance Code of the City of Southlake to the extent that the life, health or safety of the public or any occupant is endangered. 2) For the purposes of this ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building, and a nuisance: a) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. c) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. d) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. e) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. f) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. g) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. h) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. i) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. j) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. k) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. 1) Whenever the building has been so damaged by fire, wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. m) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. n) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. o) Whenever a building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: i.) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. ii.) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. iii.) Lack of, or improper kitchen sink in a dwelling unit. iv.) Lack of hot and cold running water to plumbing fixtures in a hotel. v.) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. vi.) Lack of adequate heating facilities. vii.) Lack of, or improper operation of, required ventilating equipment. viii.) Lack of minimum amounts of natural light and ventilation required by this code. ix.) Room and space dimensions less than required by this code, the Building Code, or the Housing Code. x.) Lack of required electrical lighting. xi.) Dampness of habitable rooms. xii.) Infestation of insects, vermin or rodents. xiii.) General dilapidation or improper maintenance. xiv.) Lack of connection to required sewage disposal system. xv.) Lack of adequate garbage and rubbish storage and removal facilities. 3) Chapters 3 through 7 of the 2018 Edition of the International Property Maintenance Code, published by the International Code Council, Inc. attached hereto and incorporated herein for all municipal purposes and as amended herein, are hereby adopted by the City Council of the City of Southlake to the extent they do not conflict with other provisions of this Ordinance. For purposes of this Ordinance, any building, regardless of its date of construction, which exists in violation of Chapters 3 through 7 of the International Property Maintenance Code to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a nuisance. The International Property Maintenance Code is amended as follows: a) § 302.4 delete; b) § 304.14 delete: "During the period from [date] to [date]"; c) § 602.3 delete: "During the period from [date] to [date]"; and d) § 602.4 delete: "During the period from [date] to [date]". DETERMINATION BY BUILDING OFFICIAL When the building official has inspected or caused to be inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as he or she deems appropriate: 1) Issue notice to the record owner that the building is substandard and must be repaired or demolished; or 2) Issue citation(s) for violation(s) of this Ordinance; or 10 3) Secure the building if permitted by Subsection XII(1) below; or 4) Recommend to the Board that abatement proceedings be commenced pursuant to Section VI below. PUBLIC HEARING FOR ABATEMENT OF SUBSTANDARD BUILDINGS 1) Commencement of Proceedings. When the building official has found and determined that a building is a substandard building, the building official shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. 2) Public Hearing to be Held. Except when the City Council finds that a building is likely to immediately endanger persons or property, a public hearing before the Board shall be held to determine whether a building complies with the standards set out in Section IV above. If the City Council determines that the building constitutes an immediate danger, the procedures set forth in Section XII(2) shall be followed. 3) Notice. Not less than ten (10) days prior to the date on which the hearing is set, the building official shall issue a notice of the public hearing directed to the record owner of the building and to all mortgagees and lienholders. The city shall use diligent efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through search the county real property records of the county in which the building is located; appraisal district records of the appraisal district in which the building is located, records of the Secretary of State; assumed name records of the county in which the building is located; tax records of the city; and utility records of the city. The notice shall contain: a) The name and address of the record owner; b) The street address or legal description sufficient for identification of the premises upon which the building is located; c) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building dangerous or substandard under the provisions of Section IV above. d) A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonable perform the work. e) Notice of the time and place of the public hearing. f) A statement that if the building is found to be in violation of this Ordinance, the Board may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time. 4) Additional Notice of Public Hearing. Prior to the public hearing, the City may file a copy of the notice mailed pursuant to Section (3) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record, each identified mortgagee and lienholder must be notified of any abatement order issued by the Board at the public hearing, prior to any remedial action by the City. 11 5) Burden of Proof. At the public hearing, the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. 6) Conduct of Public Hearing. At the public hearing, the owner of the building, and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the Board. The chairman of the Board, or in his absence, any officer designated by rules adopted by the Board to preside at meetings, shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the Board. ORDER OF BUILDING BOARD OF APPEALS 1) Findings of the Board. If the Board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in Section IV, the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided herein. 2) Time Allowed to Complete Work. a) The order must require the owner, lienholder or mortgagee of the building to within 30 days and the lienholder or mortgagee to within an additional 30 days if the owner does not comply: i.) Secure the building from unauthorized entry; and/or ii.) Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. b) If the Board allows the owner, lienholder or mortgagee more than thirty (30) days to repair, remove or demolish the building, the Board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Board. c) The Board may not allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner lienholder or mortgagee: i.) Submits a detailed plan and time schedule for the work at the hearing; and ii.) Establishes at the hearing that the work cannot be reasonably completed within ninety (90) days because of the scope and complexity of the work. d) If the Board allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building, the Board shall require the owner, lienholder or mortgagee to regularly submit progress reports to the building official to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Board or the building official to: i.) Demonstrate compliance with the time schedules; and 12 ii.) If the owner, lienholder or mortgagee, owns property, including structures and improvements on property within the city's boundaries that exceeds $100,000, to post cash or surety bond or letter of credit or third party guaranty to cover the cost of the work ordered by the Board e) All orders of the Board must allow a lienholder or mortgagee at least 30 additional days to complete the ordered work in the event the owner fails to comply with the order within the time provided for action by owner, prior to remedial action by the City. 3) Contents of order. The order of the Board must contain at minimum: a) An identification which is not required to be a legal description, of the building and the property on which it is located; and b) A description of the violation of minimum standards present in the building; and c) A description of the ordered actions, including a statement that the owner may repair, if determined feasible by the Board, or demolish or remove at his option; and d) A statement that the City will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and e) If the Board has determined that the building will endanger persons or property and that the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed. NOTICE OF ORDER OF BUILDING BOARD OF APPEALS 1) Order Shall be Mailed. After the public hearing, the building official shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building. 2) Order Shall be Filed with City Secretary. Within ten (10) days after the date that the order is issued by the Board, the building official shall file a copy of the order in the office of the City Secretary. 3) Order Shall be Published. Within ten (10) days after the date the order is issued by the Board, the building official shall publish in a newspaper of general circulation within the City a notice containing: a) The street address or legal description of the property; and b) The date the hearing was held; and c) A brief statement indicating the results of the order; and d) Instructions stating where a complete copy of the order may be obtained. ENFORCEMENT OF THE ORDER OF BUILDING BOARD OF APPEALS 1) If order not complied with, City may take action. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the City may vacate, secure, repair, remove or demolish the building or relocate the occupants at its own expense, provided however: 13 a) The City may not act to remove or demolish a building until after the Board has found: i.) That such defects or conditions exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered; and ii.) The building is infeasible of repair; or iii.) There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given. b) The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless: i.) The Board has made a determination that the building is likely to endanger person or property; and ii.) The building is a residential dwelling with ten (10) or fewer dwelling units. c) In the event there are mortgagors or lienholders, the City may only repair, remove or demolish the building after allowing the lienholder or mortgagee an additional 30 days after the time prescribed in the order has expired to complete the required work. d) Remedial action by the City does not limit the ability of a municipality to collect on a bond or other financial guarantee that may be required by Section VI 1(2)(d) of this Ordinance. 2) Posting of Notice to Vacate Building. If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail, return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form: "SUBSTANDARD BUILDING DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Southlake" 3) Remedial Action by City. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto. 4) Failure to Obey Order. Any person to whom an order pursuant to Section VII is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the City provided herein. 5) Interference Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered repaired, vacated, demolished, removed or secured under the provisions of this Ordinance; or with any person 14 to whom such building has been lawfully sold pursuant to the provisions of this Ordinance, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this Ordinance, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Ordinance. 6) Permit Required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the City. All permits issued pursuant to an order of the Board shall expire upon expiration of the time for compliance set forth in the order. PERFORMANCE OF WORK BY THE CITY 1) Procedure. When any work of repair, removal, demolition or securing is to be performed by the City pursuant to the provisions of any order of the City Council or the Board, the work may be accomplished by City personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered, and the proceeds shall be used to offset other costs of the work. 2) Costs. The cost of such work shall be paid from City funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with ten percent (10%) interest on such amount from the date on which the work is performed. 3) Repair to Minimum Standards Only. In the event repair by the City is permitted by this Ordinance, the City may repair the building at its own expense and assess the expenses on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards. RECOVERY OF COST OF SECURING, REPAIR, REMOVAL OR DEMOLITION 1) Itemized Account and Notice of Lien. The building official shall keep an itemized account of the expenses incurred by the City in the securing, repair, removal or demolition of any building pursuant to this Ordinance. Upon completion of the work, the Building Official shall prepare and file with the City Secretary a sworn account and Notice of Lien containing the following information: a) The name and address of the owner if that information can be determined with a reasonable effort; b) A legal description of the real property on which the building is or was located; c) The type of work performed; and d) The amount of expenses incurred by the city in performing the work and the balance due. 2) Notice Filed in County Records. The City Secretary shall file the Notice of Lien along with a copy of the order of abatement issued by the Board in the deed records of the county in which the premises are located. 15 3) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the City. 4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of Tarrant or Denton County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid. 5) Assessment Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the City. 6) Release of Lien. After the expenses incurred by the City, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent (10%) per annum from the date the work was performed, the building official shall execute a release of lien which shall be filed in the Deed Records of Tarrant or Denton County, Texas. ADDITIONAL AUTHORITY TO SECURE CERTAIN SUBSTANDARD BUILDINGS PRIOR TO PUBLIC HEARING AND SECURE, DEMOLISH, REPAIR OR REMOVE CERTAIN DANGEROUS BUILDINGS 1) Securing of Unoccupied, Substandard Building. Notwithstanding any other provisions of this Ordinance the City may secure a building if the building official determines: a) That the building violates the minimum standards set forth in Section IV above; and b) That the building is unoccupied or is occupied only by persons who do not have the right of possession to the building. 2) If Building Creates Immediate Danger. Notwithstanding any other provisions of this Ordinance, if the City Council finds that a building is likely to immediately endanger persons or property the City Council may: a) Order the owner of the building, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the dangerous part of the structure, within a specified time; or b) Repair, remove, or demolish the structure, or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located. 3) Notice of Action. Before the eleventh (11th) day after the date the building is secured pursuant to Subsection XII(1) above, or action is ordered pursuant to Subsection XII(2)(a) above, or the building is repaired, removed or demolished pursuant to Subsection XII(2)(b) above, the building official shall give notice to the owner by: M a) Personally serving the owner with written notice; or b) Depositing the notice in the United States mail addressed to the owner at the owner's post office address; or c) Publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation in the county in which the building is located, if personal service cannot be obtained and the owner's post office address is unknown; or d) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown; and e) In addition to the above, depositing notice in the United States mail to all lienholders and mortgagees who can be determined from a reasonable search of instruments on file in the office of the County Clerk. 4) Notice. The notice must contain: a) An identification, which is not required to be a legal description, of the building and the property on which it is located; b) A description of the violation of the minimum standards present in the building; c) A statement that the city will secure or has secured, as the case may be, the building, or that the City has taken or will take the action ordered pursuant to Subsection XII(2) above; d) An explanation of the owner's entitlement to request a hearing about any matter relating to the City's securing, removing, demolishing or repairing of the building. 5) Hearing. The Board or the City Council shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the City's securing, repairing, removing or demolishing of the building, if, within thirty (30) days after the date the City has taken action pursuant to Subsections XII(1) or (2) above, the owner files with the City a written request for the hearing. The hearing shall be conducted within twenty (20) days after the date the request is filed. 6) Lien. If the City incurs expenses under this Subsection, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by Section X of this Section. 7) Violation. It shall be unlawful to fail to comply with an order issued pursuant to this Section. CIVIL PENALTY 1) Civil Penalty Authorized. In addition to any other enforcement authority provided for by law, the Board may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the Board pursuant to Section VII of this ordinance. 2) Showing Required. The civil penalty may be assessed if it shown at the administrative hearing that: 17 a) The property owner was notified of the contents of the order issued pursuant to Section VII of this ordinance; and b) The property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order. 3) Amount of Penalty. The civil penalty may be assessed in an amount not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation. 4) Notice of Administrative Hearing. Not less than ten (10) days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail/return receipt requested. The notice shall contain: a) A copy of the order issued by the Board to Section VII of this ordinance; b) A statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order; c) A statement that at the administrative hearing the Board may assess a civil penalty not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owners' lawful homestead, in an amount not to exceed $10.00 a day for each violation; and d) Notice of the time and place of the hearing. 5) Copy of Order Filed with District Clerk. After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty. 6) Enforcement. The civil penalty may be enforced by the city in a suit brought by the City in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this subsection is final and binding and constitutes prima facie evidence of the penalty in any suit. AUTHORITY NOT LIMITED Notwithstanding all other provisions of this Article, nothing herein shall be deemed a limitation on the duty of the City to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the protection of life, property or general welfare of the people in the city. END 18 StarmTelegram MEDIA Arlington Citizen -Journal j The Keifer Citizen I La Estrella tpp ! p � t R � Mansfield dews -Mirror ; Star -Telegram Northeast i Weatherford Star -Telegram star-telegram.com 808 Throckmorton St. I Ft Worth, Tx. 76102-6315 *** MEMO INVOICE *** Fed ID# 26-2674582 L AMOUNT DUE $321.88 SALES REP 24 ADVERTISER INFORMATION StineLopez 1 1 BILLING PERIOD 6 BILLEDACCOUNTNUMBER ADVERTISER/CLIENTNUMEI 2 ADVERTISERICLIENT NAM E 04/19/2019 600637 600637 1 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star -Telegram CITY OF SOUTHLAKE Star -Telegram - Advertising 1400 MAIN ST PO BOX 51847 Livonia, MI 48151 STE 440 SOUTHLAKE, TX 76092-7604 Billing: Contact Sales Rep. Credit: Email ssccreditandr-oller.tions@mcclatchy.com Payment is due upon receipt. ITM �7^ lr�i �/ 1° n 1z NEWSPAPER 14 13 1s 1s BILLED 1 1e 19 TIMES START STOP REFERENCE DESCRIPTION PRODUCT SAU SIZE UNITS RUN RATE AMOUNT 04/19 04/19 0004180405 PO # 21900309, PO # 21900309 Telegram 1 x 759 L 759 1 $0.42 $316.88 04/19 04/19 0004180405 PO # 21900309, PO # 21900309 Upsell ST.Com 1 x 759 L 759 1 $0.01 $5.00 Invoice Total $321,88 o i X09 tV-D 1 D -A to DfZp 101l© b 2D i 9_-7 Q� OeD �9FV 8 QED i �0 5 D f ►'-�- D��q5-D THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. StarTelegramPLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE MEDIA Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 *** MEMO INVOICE *** Star -Telegram Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 1 BILLING PERIOD 2 ADVERTISER/CLIENT NAME 04/19/2019 CITY OF SOUTHLAKE 23 TOTAL AMOUNT DUE 3 TERMS OF PAYMENT $321.88 Upon Receipt 4 PAGE M 5 1 BILUNG DATE 1 04/19/2019 11 NEWSPAPER REFERENCE 0004180405 6 RILLEO ACCOUNT NUMBER 600637 7ADVER"SER/CLIENT NUMBER 600637 Star -Telegram MEDIA Arlington Citizen -journal 1 The Keller Citizen 1 La Estrella Mansfield News -Mirror ; Star -Telegram Northeast 1 Weatherford Star-Teiegrarr: star-telegram.com 1 808 Throckmorton St. I Ft Worth, Tx. 76102-6315 AFFIDAVIT OF PUBLICATION Account Ad Number I Identification PO I Amount I Cols I Depth 600637 0004180405 ORDINANCE NO. 1208 AN ORDINANCE ADOP PO # 21900309 $321.88 1 759.00 Li Attention: Amy Shelley CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 760927604 r �,c I STEFANI SCOTT BE"+ 0 i _ ''* My Notary ID # 131763951 F 4+" it Aires October 23, 2022 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas-, and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Insertion(s) Published On: April 19, 2019 ,� 'k 6 � (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 19th day of April in the year of 2019 Extra charge for lost or duplicate affidavits. Legal document please do not destroy! ONE ORDI SIGN OF BUILUINU tNVtLUrt.3 FOR ADEQUATE THERMAL RE- SISTANCE AND LOW AIR LEAK- AGE AND THE DESIGN AND SE- LECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER - HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOP- TION OF LOCAL AMENDMENTS THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- INr, FOR PUBLICATION IN THE OFFICIAL, NEWSPAPER; ANU PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of :this ordinance shall be fined not ,More than Two Thousand Dol rs ($ 2,000.00) for all viola - ions involving zoning, fire safe - or public health and sanita- ion, including dumping or re - Buse, and shall be fined riot fo€lore than five hundred dollars x$500) for all other violations of "`this ordinance each day that a vial ation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 1209 AN ORDINANCE ADOPTING THE INTERNATIONAL BUILDING CODE, 2018 EDITION, REGU- LATING THE ERECTION, CON- STRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOV- ING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUC- TURES, EXCEPT ONE- AND TWO-FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES), AND INCLUDING THE NATION- AL ELECTRICAL CODE AS REF. CODE, 2018 EDITION FUK UNt- AND TWO-FAMILY DWELL- INGS, REGULATING THE EREC- TION, CONSTRUCTION, EN- LARGEMENT, ALTERATION, RE- PAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTE- NANCE OF ALL ONE- AND TWO-FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES), IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOP- TION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RE- CORDING OF SUCH CODE AS A PUBHC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE' PRO- VIDING A SAVINGS CLAUSE; ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions Involving Yoning, fire safe- ty ionor public health and sanita- t, including dumping or re- fuse, and shall be fined not more than five hundred dollars (8500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 121i ING CHAPTER 15, ARTICLE 111, "FIRE CODE" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE TEXAS BY ADOPTING fHE 2018 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 1144 AND REPEALING SOUTHLAKE; PROVIDING TIONS HAZARDOUS THE ADOPTION OF LOCAL AND PROPERTY FRC NDMENTS THERETO; PRO- AND EXPLOSION; PR VG FOR RECORDING OF FOR THE' ADOPTION 0 i CODE AS A PUBLIC RE- AMENDMENTS THERE' ); PROVIDING THAT THIS VIDING A PENALTY INANCE SHALL BE CUMU- PROVIDING A CUM VE OF ALL ORDINANCES; CLAUSE; PROVIDII VIDING FOR A PENALTY SEVERABILITY CLAU-c VIOLATIONS HEREOF; VIDING A SAVINGS VIDING A SEVERABILITY PROVIDING FOR PUBL JSE; PROVIDING A SAV- AND PROVIDING AN Ef 1 CLAUSE; PROVIDING FOR DATE. (CATION IN PAMPHLET SECTION 2. PENAL N; PROVIDING FOR PUBLI- ANY PERSON, FIRM OR ON IN THE OFFICIAL RATION WHO VIOLATI Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. pGals ct nULiiC n0 THIS ORDINANCE. EACH DAY THAT A VIOLATION IS PERMIT- TED TO EXIST SHALL CONSTI- TUTE A SEPARATE OFFENSE. ORDINANCE NO. 1212 AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2018 EDITION, REGU- LATING THE ERECTION, IN- STALLATION, ALTERATION, REPAIRS, RELOCATION, RE- PLACEMENT, ADDITION TO USE OR MAINTENANCE 09 PLUMBING SYSTEM IN THE CITY OF SOUTHLAKE; PROVID- ING FOR THE ADOPTION OF LO- CAL AMENDMENTS THERETO' PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDF NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE.; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce— ment nforce.ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Doi- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a viotation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO.1213 AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2018 EDITION, REGU- LATING THE DESIGN, INSTAL- LATION, MAINTENANCE, AL- TERATION AND INSPECTION OF PERMANENT MECHANICAL SYSTEMS EXCEPT ONE- AND DING I I IN THE OCAL PROVID PRO- TION 01 ISO - WHO RESISTS THE ENFORCE- MENT OF ANY OF THE PROVI- SIONS OF THIS ORDINANCE ( SHALL BE FINED NOT MORE DOL- LARS ($2,000.00)OFOR ALL VIO- LATIONS INVOLVING ZONING, FIRE SAFETY OR PUBLIC HEALTH AND SANITATION, IN - NOT MORE THAN FIVE HUN- DRED DOLLARS ($500) FOR ALL OTHER VIOLATIONS OF AMENDMENTS (DING FOR RE - CH CODE AS A VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. V AVIIVMIYbG IY V. LLJ.� AN ORDINANCE ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2018 EDITION REGU- LATING THE INSTALLdION OF FUEL -GAS PIPING SYSTEMS, FUEL GAS APPLIANCES, GAS- EOUS HYDROGEN SYSTEM AND RELATED ACCESSORIES EXCEPT ONE- AND TWO- FAMILY DWELLINGS AND MUL- TIPLE SINGLE-FAMILY DWELL- INGS (TOWNHOUSES)_ IN THE CITY OF SOUTHLAKE; PROVID- ING FOR THE ADOPTION OF LO- ! ti.... A RACAHIAAAMTC -T AML-Tn! SUCH HEREOF; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health avid sanita- tion, Including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of - AN ING THE INTERNATIONAL ICE DOPT EX STING BUILDING CODE, 2018 REPA EDITION, L- TERATION, CHANGE OF OCCU- PANCY, ADDITION TO AND RE- LOCATION OF EXISTING BUILD- INGS EXCEPT ONE- AND TWO- FAMILY DWELLINGS AND MUL- INGS (TOWNHOUSES),DIN THE CITY OF SOUTHLAKE; PROVID- INGFOR THE ADOPTION OF LO- CAL AME FORT RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT CUMULATIVE ANOF SHALL ORDIE- NANCES; PROVIDING FOR A PENALTY HEREOF; FOR PRO DINGTIONA SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; N PAMPHLET FORM; LPROVID- 1mr ORMLPROVID- inir, FOR PUBLICATION IN THE Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violasti hallconstion is tute tea separate ofermitted to t fen nRnINANCE NO. 1216 AIV VKVIIVA 1 INTERNATIONAL S\ POOL AND SPA CODE, ITION REGULATING 1 STRUCTION, ALT MOVEMENT, RENOVA PLACEMENT, REPA MAINTENANCE OF onnRSAAND SPAS IN PUBLIC RE - THAT THIS ieOa1S & ntutllir no"Iirac LATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY PROVIDING AA ONS SEVERAB LITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more .than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 1217 %N ORDINANCE ADOPTING THE MAIN I tNANLh CODE, Z018 ED- ITION REGULATING ALL EXIST- ING RESIDENTIAL AND NOW RESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES; PROVIDING FOR THE ADOP- TION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RE- CORDING OF SUCH CODE AS A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION iN THE OFFICIAL NEWSPAPER' AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all vlola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, 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 of- fense. ORDINANCE NO. 480-758 AN ORDINANCE AMENDING ORDI- NANCE N0. 480, AS AMENDED THE COMPREHENSIVE ZONING, ORDINANCE OF THE CiTY OF SOUTHLAKE TEXAS; GRANT- ING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LE- GALLY DESCRIBED AS 1R AND 2R, BLOCK 1, BAKER ESTATES ADDITION, CITY OF SOUTHLAKE, TARRANT COUN- TY, TEXAS, BEING APPROXI- MATELY 9.80 ACRES AND MORE FULLY AND COMPLETE- LY DESCRIBED IN EXHIBIT "A" FROM "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT AND "RE -5" . RESIDENTIAL ESTATE DISTRICT TO "R -PUD" RESI- DENTIAL PLANNED UNIT DE- VELOPMENT AS DEPICTED ON EXHIBIT 'B", SUBJECT TO THE SPECIFIC REQUIREMENTS COW TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAN PRESERVING ALL OTHER POi2TiONS OF THE ZONING ORDINANCE; DETER- MINING THAT THE PUBLIC IN- TEREST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES: PROVID- FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATiON IN THE OFFICIAL NEWSPAPER- AND PROVIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Hundred Dollars ($2000.00) for each offense. Each day that a violation is er- mitted to exist shall constltute AGEMENT PRACTICES; ES- TABLISHING PENALTIES FOR THE VIOLATION OF AND PRO- VISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS' ES- TABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. SECTION 2 Violations and Penalties (a) A person commits an offense if the person knowingly makes, causes or permits a use of wa- ter contrary to the measures Implemented by the City Man - For purpprescribed sescof this subsection, it is presumed that a person has knowingly made, caused or per- mitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consis- tent with the terms of Section 1 and: (1) the manner of use has been prohibited by the Plan; or (2) the amount of water used ex- ceeds that allowed by the Plan; or (3) the manner or amount used vi- olates the terms andconditions Of a compliance agreement madepursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, diso- beys, omits, neglects or refuses to Comply with a measure im- plemented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars ($2,000.00) for each offense. In addition, the following penalties shall apply: (1) If a person is convicted of vio- lating, disobeying, omitting, ne- glecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan two times, the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty -four-hour period; and (2) If a person is convicted of vio- lating, disobeying, omitting, ne- glecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan three times, the City may discontinue water service to the premises where the violation occurred. 1e�a�o� Vii® AN ORDINANCECOFOTHE CITY OF SOUTHLAKE, TEXAS, AMEND- ING THE DROUGHT CONTIN- GENCY I EMERGENCY WATER MANAGEMENT PLAN FOR THE CITY OF SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMI- NATION OF DROUGHT RE- SPONSE STAGES FOR LOCAL WATER DELIVERY LIMITA- TIONS AND COMPLIANCE WITH THE CITY OF FORT WORTH'S CONTINGOENCY/EMERGENCY WATER MANAGEMENT PLAN; ONTCERTAIN WATERTUSES; SS LVIOLATION OFISHING LAND PROES - VISIONS THE VISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ES- TABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. I SECTION 2 Violations and Penalties (a) A person commits an offense if the person knowingly makes, causes or permits a use of wa- ter contrary to the measures implemented by the City Man - For purposes oft in the tion, it is presumed that a person has knowingly made, caused or totmitted use of water the measures mplemented if the mandatory measures have been formally ordered consis- I tent with the terms Of Section 1 and: (1) the manner of use has been prohibited by the Plan; or (2) the amount of water used ex- ceeds that allowed by the Plan; or (3) the manner or amount used vi- olates the terms and conditions of a compliance agreement made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, diso- beys, omits, neglects or refuses to comply with a measure im- e with this ordinance and lemented thede aPlan shall be fined not more than two thousand dollars ($2,000.00)for each offense, In addition, the following penalties shall apply: (1) If a person is convicted of vio- lating, disobeying, omitting, ne- glecting or refusing .to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan two times, the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty -four-hour period; and (2) If a person is convicted ofvio- lating, disobeying, omitting, ne- glecting or refusing to comply with a measure implemented in accordance with this section and the drought I contingency/emergency water management plan three times, the City may discontinue water service to the premises where violation PASSED AND ROVED on the 2nd reading ON THE 16TH DAY OF APRIL 2019. MAYOR: LAURA HILL ATTEST: AMY SHELLEY, CITY SECRETARY StarmTelegraMom Arlington Citizen-Journai I The Keller Citizen i La Estrella i APR ra 8 r. Mansfield News -Mirror 1 Star -Telegram. Northeast I Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-6315 *** MEMO INVOICE *** Fed ID# 26-2674582 TOTAL AMOUNT DUE $166.84 SALES REP 24 1 ADVERTISER INFORMATION 11 NEWSPAPER REFERENCE Christine Lopez i BILLING PERIOD 6 BILLED ACCOUNT NUMBER 7 ADVERTISERICLIENT NUMBER 2 ADVERTISE-LIENT NAME 600637 03/29/2019 600637 600637 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star -Telegram CITY OF SOUTHLAKE Star -Telegram -Advertising PO BOX 51847 1400 MAIN ST Livonia, MI 48151 STE 440 SOUTHLAKE, TX 76092-7604 Billing: Contact Sales Rep. Credit: Email ssccreditandcollections@mcclatchy.com Payment is due upon receipt Sa'TM 0 t1 NEWSPAPER LLA 3 EF 16 BILLED 17 TIMES U8 1s START STOP REFERENCE DESCRIPTION PRODUCT SAU SIZE UNITS RUN RATE AMOUNT 03/29 03/29 0004152007 21900309, PO # 21900309 Telegram 1 x 119 L 119 1 $1.36 $161.84 03/29 03/29 0004152007 21900309, PO # 21900309 Upsefl ST.Com 1 x 119 L 119 1 $0.04 $5.00 Invoice Total $166.84 9 o ,1f 0 et j 1n T, THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE a�-�l� MEDIA Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 *** MEMO INVOICE *** Star -Telegram Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 1 BILLING PERIOD 2 ADVERTISERICLIENT NAME 03/29/2019 CITY OF SOUTHLAKE 23 TOTAL AMOUNT DUE 3 TERMS OF PAYMENT $166.84 Upon Receipt 4 PAGE Y 5 BILLING DATE 1 03/29/2019 11 NEWSPAPER REFERENCE 0004152007 6 BILLED ACCOUNT NUMBER 600637 7 ADVERTISERICLIENT NUMBER 600637 Star -Telegram MEDIA Arlington Citizen -Journal 1 The Keller Citizen i La Estreda eld MansfiNews-Mirror 1 Star -Telegram Northeast ' Weatherford Star -Telegram star-telegram.com 1 808 Throckmorton St. I Ft Worth, Tx. 76102-6315 AFFIDAVIT OF PUBLICATION Account # Ad Number I Identification POI Amount Cols Depth 600637 0004152007 PUBLIC HEARING NOTICE CITY OF SOUTHLA 21900309 $166.84 1 119.00 Li Attention: Brandi Garlock THE STATE OF TEXAS CITY OF SOUTHLAKE County of Tarrant 1400 MAIN ST 140440 Before me, a Notary Public in and for STE said County and State, this day SOUTHLAKE, TX 760927604 personally appeared VICTORIA PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE RODELA, Bid and Legal Coordinator 9 CITY OF SOUTHLAKE, TEXAS CITY OF SOUTHLAKE, TEXAS Notice is hereby given to all in- Notice is hereby given to all in- for the Star -Telegram, published by tCrestBal gQrsons that tho Cit terested persons that the City of Southlake, Texas, will consid- Inc. Fort Worth, of Southlake, Texas, will considy the Star -Telegram, at er the following items in the Council Chambors at Town Hall, er the following items in the Council Chambers at Town Hall, in Tarrant County, Texas- and who, 1400 Main Street, Southlake, 1400 Main Street, Southlake, Texas for: after being duly sworn, did depose Texas for. The City Council on Tuesday. April 16, 2019, at 5:30 p.m- will The City Council on Tuesday, April 16, 2019, at 5:30 p.m, will and say that the attached clipping of hold a public hearing and consid- hold a public hearing and consid- an advertisement was published in + Resotutlam No. 19-011 (ZA19- er: • Resolution No. 19-011 (ZA19- 0016), Specific Use Permit to al- the above named paper on the listed 0016), Specific Use Permit to al- low a Commercial School, in- low a Commercial School, in-... dates: eluding Trade School, on proper- eluding Trade School, on proper- ty being described as Lot 8r. ty being described as Lot 8, Block 5, Cornerstone Business Block 5, Cornerstone Business Park, an addition to the Clty of Park, an addition to the City 0 Southlake, Tarrant County, Texas and located at 545 S. Southlake, Tarrant County, Texas and located at 545 S. 1 Nolen Citive, Southlake, Texas. Current Zoning- "I -L" Light In- Nolen Drive, Southlake, Texas. Current Zoning: 1-1" Light In-: Insertion(s) dustrial District. SPIN Neighbor- dustrial District. SPIN Neighbor- hood 08. • Resolution Na. 19-017 (ZA19- hood #8. Resolution No. 19-017 (ZA19- Published On: 0012), Specific Use Permit for a 0012), Specific Use Permit for a March 29, 2019 ResidQntiai Solar Enorgy Sys- tem on property described as Residential Solar Energy Sys- tem on property described as Lot 9, Block 7, Carillon Phase Lot 9, Block 7, Carillon Phase 4C, City of Southlake, Tarrant 4C, City of Southlake, Tarrant County, Texas and located at County, Texasand beat 833 Lake Carillon Lane, 833 L Oce Lame Southlake, Texas. Current Zan- "E[a" Southlake„ Texas. Current Zon- ing: "ECZ" Employment Center Ing: Emplovinent Center Zoni" District_ SPIN Neighbor- Zoning District. SPIN Neighbor- hood 43. • ZA18-0028, Site Plan for the hood 0. • ZA18-U028, Site Pian for the Landmark Office Expansion an M.- Landmark Office Expansion property described as Lot 15, property described Lot 5, Phaw 1, lakR WoW Acrgg A00- Ac da - Phase 1, Lake Wood Acres tion, City of Southlake, Tarrant Tarrant tion, City Southlake, Tarrant County, Texas and located at 750 N, Carroll Avenue, County, Texas and located at ex Southlake, Texas. Current Zon- 750 , Southlake, Texas. Current Carroll Avenue, ing: "0-1" Office District. SPIN PIN ing: "0-1" Office District. SPIN NQ + hborhond x7. • Ordinance No. 1208, Adopting Neighborhood 1k7. Ordinance 1208, Adopting /j� Vd, > the 2018 International Energy Conservation Code. the nt International Energy (Principal Clerk) • Ordinance No. 1209, Adopting F � Conservation Code. erva Ordinance No. 1209, Adopting the 2018 International Building Cade. the 2018 International Building SUBSCRIBED AND SWORN TO • Ordinance No. 1210, Adopting the 2018 International Residen- Code. Ordinance No. 1210, Adopting BEFORE ME, THIS 29th da Of y tial Code, the 2018 International Residen- tial Code. March in the year of 2019 • Ordinance No. 1211, Adopting Ordinance No. 1211, Adopting the 2018 International Fire the 2018 International Fire • Q dinance No, 1212, Adopting Code. • Ordinance No. 1212, Adopting � the 2018 International Plumbing the 2018 International Plumbing Cade. • Ordinance No. 1213, Adopting Code. Ordinance No. 1213, Adopting the 2018 International Mecham- the 2018 International Mechani- cal Code. • Ordinance No. 1214, Adopting Fueil cal Code. Ordinance No. 1214, Adopting Notary Public - the 2018 International Gas the 2018 International Fuel Gas Code. Code. • Ordinance No. 1215, Adopting Ordinance No. 1215, Adopting the 2018 lnternational Existing the 2018 International Existing _ Building Code.t Building Code. ! a • Ordinance No. 1216, Adopting the 201.8 international Swim- • Ordinance No. 1216, Adopting the 2018 International Swim- c3 ming Pool and Spa Code. ming Pool and Spa Code. i3 • Ordinance No. 1217, Adopting the 2018 International Property Ordinance No. 1217, Adopting the 2018 International Property r - Maintenance Code, Maintenance Code. ° Extra charge for lost or duplicate affidavits. The City Couricil on Tuesday, The City Council on Tuesday, Legal document please do not destroy! May 7, 2019, at 5:10 p.m. velli May 7, 2019, at 5:30 p.m. will hold a nuhlir hParina and consid- hold a public hearing and consid- er: • Ordinance No- 48D-757 (ZA18- 0061), Zoning Change and Sit=_ Plan to include a Variance to tire Masonry Ordinance No. 557, as amended, for Nolen Office Park Phase 2 an property described as Tract 2AO2A, Thomas Easter Survey, Abstract No. 474, City of Southlake, Tarrant County, Texas and located at 2627 E. Southlake Blvd. (also addressed as 200 S. Nolen Dr.), Southlake, Texas, SPIN Neighborhood ;tib, current Zoning: AG - Agricultur- al District- Proposed Zoning: 5- P-1 - Detailed Site Plan District, SPIN Nelghmorhood E8- • Ordinance No- 480.760 (ZA19- 0013), Zoning Change and Con- copt Ptan for Lots 1R1R2 and 1R3R3, Block A, Milner Addition on property described as a por- *lon of Lot 2, W.W. Hail No. 687 Addition, an addition to the City of Southlake, Tarrant Countyr TQxas and located at 555 E. Highland St., Southlake, Texas. Current Zoning. "AG" Agricul- tural District- Propos<4 Zonin¢ "SF -1A" Senq_te Family Residen- tial District. SPIN Neighborhood tl, All Interested persons are urged to attend - City of Southlake Amy Shelley, TRMC City Secretary • Ordinance No. 480-757 (ZA18- 0061), Zoning Change and Site Plan to include a Variance to the BP.asonry Ordinance No. 557, as amended, for Noleo Office Park Phase 2 on property described as Tract 2AO2A, Thomas Easter Survey, Abstract No. 474, City of Southlake, Tarrant County, Texas and located at 2627 E. Southlake Blvd. (also addressed as 200 S. Nolen Dr.), Southlake, Texas. SPIN Neighbochood #8. Current Zoning: AG - Agricultur- al District. Proposed Zoning: S- P -1 - Detailed Site Pian District. SPIN Neighborhood #8. • Ordinance No. 480-760 (ZA19- 0013), Zoning Change and Con- cept Plan for Lots iR1112 and 1R1R3, Block A, Milner Addition on property described as a por- tion of Lot 2, W.W. Hall No. 687 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 555 E. Highland St., Southlake, Texas. Current Zoning: "AG" Agricul- tural District. Proposed Zoning: "SF -1A" Single Family Residen- tial District. SPIN Neighborhood 4. All interested persons are urged to attend, City of Southlake Amy Shelley, TRMC City Secretary