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Item 6CCITY OF SOUTHLAKE MEMORANDUM December 20, 2010 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Director of Planning & Development Services Subject: Ordinance No. 480 -BBBB, Amendment to the City of Southlake Comprehensive Zoning Ordinance No. 480, as it pertains to Termination or Amortization of Nonconforming Uses Action Requested: City Council approval of the second reading of Ordinance 480- 6666, proposed changes to the City of Southlake Comprehensive Zoning Ordinance No. 480, as it pertains to Termination or Amortization of Nonconforming Uses. Background Information: The purpose of this amendment is to better define the process and procedures for the termination or amortization of nonconforming uses. Financial Considerations: None. Strategic Link: Safety and Security and Quality Development. Citizen Input/ Board Review: A public hearing was held by the Planning & Zoning Commission on November 4, 2010. No public comment was received. Legal Review: This ordinance was prepared and reviewed by the by the City Attorney. Alternatives: Recommend modifications to the proposed amendment or move forward with the amendment as presented. Supporting Documents: Ordinance No. 480 -BBBB P & Z ACTION: November 4, 2010; Approved (7 -0) noting that language in Section 6.10 (b) 3 will be changed to state "should be equal to or greater than fifty (50) percent." CITY COUNCIL ACTION: November 16, 2010; Approved first reading (5 -0) on consent; CITY OF SOUTHLAKE ORDINANCE NO. 480 -BBBB AN ORDINANCE AMENDING SECTIONS 6.9, 6.10, 6.11, AND 44.3 (d), (e) and (f) OF THE CITY'S COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, TO REVISE THE PROVISIONS AND PROCEDURES REGARDING THE DESTRUCTION, RECONSTRUCTION AND TERMINATION OR AMORTIZATION OF NONCONFORMING USES AND THE BOARD OF ADJUSTMENT'S AUTHORITY AND RESPONSIBILITY RELATING THERETO, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; 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, the City Council has determined that nonconforming land uses are a burden on the property values of adjacent properties and unduly diminish such property values and the enjoyment and public health and welfare of the citizens of the City; and WHEREAS, the City Council has determined that the existing provisions relating to the destruction, reconstruction and termination and amortization of nonconforming land uses are outdated and require revision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 AMENDMENT OF SECTION 6.9 Section 6.9 of the Southlake Comprehensive Zoning Ordinance is hereby amended to provide as follows: 6.9 DISCONTINUANCE OR ABANDONMENT a. If a legal, non - conforming use is either discontinued or abandoned under the terms and conditions of this section, such use shall not be resumed and any further use shall be in conformity with the provisions of this ordinance. b. For the purpose of this section, "abandonment" shall be defined as intent by the owner to permanently close or cease the use, coupled with any act or statement by the owner that manifests such intent. The following conditions, events or conduct shall be presumed to constitute intent to abandon a non- conforming use: 1. the closure or cessation of the non - conforming use for a period of one hundred twenty (120) consecutive days; 2. the failure of the owner to repair the structure or property used to operate the non - conforming use within thirty (30) days after the chief building official or code enforcement officer has given the owner written notice that the building, structure or property is: (a) in an advanced stage of dilapidation, as determined by either the zoning administrator or the chief building official; (b) in violation of one or more applicable health and safety codes adopted by the City that govern the use or condition of structures designed for human occupancy, as amended, including but not limited to the applicable building, plumbing, electrical, mechanical, and life safety codes as adopted by the City; or (c) otherwise unsafe for the continuation of the current use or occupancy. C. For the purpose of this section, "discontinuance" shall be defined as follows: 1. When a non - conforming use has historically been operated on a continuous basis, a closure or cessation of a use for a period of one hundred eighty (180) consecutive days, irrespective of whether the owner has actual intent to abandon the use. 2. When a non - conforming use has historically been operated only on a seasonal basis, such use shall be deemed to have been discontinued, regardless of whether the owner has actual intent to abandon the use, if either: (a) the structure or property upon or in which the use has been operated is closed or the non - conforming use ceases to operate for a period of one hundred eighty (180) consecutive days; or (b) the structure or property upon or in which the use has been operated is closed or the non - conforming use ceases to operate in a bona -fide manner during one or more normal and customary seasons or periods of operation during which the non - conforming use has historically been operated. d. Upon the request of the City or any other interested complainant, including the owner of any real property located within one thousand (1,000) feet of the real property containing a legal non - conforming use or structure, the zoning administrator shall make a written determination as to whether such use has been abandoned or discontinued as provided herein. e. If the complainant or the owner of the nonconforming use wishes to appeal a determination of the zoning administrator as to whether the non- conforming use has been abandoned or discontinued, such person may perfect an appeal by filing a written notice of appeal with the zoning administrator and city secretary and paying the applicable fee within ten (10) business days of the zoning administrator's decision. Upon the filing of such an appeal, the board of adjustment shall, as soon as practicable, hold a public hearing on such appeal, and, following such public hearing, may reverse the decision of the zoning administrator based on a majority vote of the members present and voting. The complainant shall bear the burden of proof and persuasion to establish either that the non - conforming use has been closed or ceased for a period of one hundred twenty (120) consecutive days or that the owner of the non - conforming use has failed to repair the structure or property used to operate the non - conforming use within thirty (30) days after the chief building official or code enforcement officer has given the owner written notice as described above. The owner of the nonconforming use shall bear the burden of proof and production to establish that the owner of the nonconforming use did not have actual intent to abandon the use. SECTION 2 AMENDMENT OF SECTION 6.10 Section 6.10 of the Southlake Comprehensive Zoning Ordinance is hereby amended to provide as follows: 6.10 DESTRUCTION OR DAMAGE TO NONCONFORMING STRUCTURE OR USE a. Nonconforming Structures. 1. If a legal nonconforming structure is totally destroyed or partially damaged by the elements, fire, other catastrophe, or other casualty, the structure may not be repaired or reconstructed except in conformity with the provisions of this ordinance. 2. If a nonconforming structure is partially damaged by the elements, fire, other catastrophe, or other casualty, and the owner of the nonconforming structure wishes to repair or reconstruct the damaged structure, upon submission of a request for a building permit, the zoning administrator shall first determine in writing whether the cost of repair or reconstruction is less than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property. In making a determination regarding the cost of repair or reconstruction, the zoning administrator shall include all costs to make all repaired or reconstructed portions of the structure conform to all applicable health and safety codes adopted by the City that govern the use or condition of structures designed for human occupancy, as amended, including but not limited to the applicable building, plumbing, electrical, mechanical, and life safety codes as adopted by the City. 3. If the zoning administrator determines that the cost of repair or reconstruction is less than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property, and the owner of the nonconforming structure complies with all other requirements of the City Code, the owner of the nonconforming use or structure shall be entitled to a building permit permitting the owner to repair or reconstruct the damaged structure, provided that all repaired or reconstructed portions of the structure shall conform to all applicable health and safety codes adopted by the City as described above. If the zoning administrator determines that the cost of repair or reconstruction is equal to or greater than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property, the owner of the nonconforming structure shall be entitled to a building permit authorizing the owner to repair or reconstruct the damaged structure only if the proposed repairs and reconstruction completely eliminate the non - conformity; otherwise, the owner shall be required to demolish the damaged structure and bring the property into full conformity with the terms of this ordinance. b. Nonconforming Uses. 1. If a structure used in the operation of a legal nonconforming use is totally destroyed or partially damaged by the elements, fire, other catastrophe, or other casualty, the structure may not be repaired or reconstructed and the nonconforming use may not be recommenced except in conformity with the provisions of this ordinance. 2. If a structure used in the operation of a legal nonconforming use is partially damaged by the elements, fire, other catastrophe, or other casualty, and the owner of the nonconforming use wishes to repair or reconstruct the damaged structure, upon submission of a request for a building permit, the zoning administrator shall first determine in writing whether the cost of repair or reconstruction is less than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property. In making a determination regarding the cost of repair or reconstruction, the zoning administrator shall include all costs to make all repaired or reconstructed portions of the structure conform to all applicable health and safety codes adopted by the City that govern the use or condition of structures designed for human occupancy, as amended, including but not limited to the applicable building, plumbing, electrical, mechanical, and life safety codes as adopted by the City. 3. If the zoning administrator determines that the cost of repair or reconstruction is less than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property, upon obtaining all required permits, the owner may repair or reconstruct the structure and continue the nonconforming use. If the zoning administrator determines that the cost of repair or reconstruction is equal to or greater than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property, the owner may not repair or reconstruct the structure, and shall discontinue the nonconforming use. C. Multiple Structures used in Operation of Non - Conforming Use. 1. If an individual structure(s) used in operation of a legal non- conforming use is destroyed or damaged by the elements, fire, other catastrophe, or other causes, and the owner of the nonconforming structure wishes to repair or reconstruct the damaged structure, the zoning administrator shall first determine in writing whether the cost of repair or reconstruction is less than fifty percent (50 %) of the total value of structures and improvements used to conduct the nonconforming use, exclusive of the value of the real estate, and whether the destroyed or damaged structure(s) constituted an integral part of the nonconforming use without which the nonconforming use cannot be profitably operated. In making a determination regarding the cost of repair or reconstruction, the zoning administrator shall include all costs to make all repaired or reconstructed portions of the structure conform to all applicable health and safety codes adopted by the City that govern the use or condition of structures designed for human occupancy, as amended, including but not limited to the applicable building, plumbing, electrical, mechanical, and life safety codes as adopted by the City. 2. (a) If the zoning administrator determines that the cost of repair or reconstruction is less than fifty percent (50 %) of the total value of structures and improvements used to conduct the nonconforming use, exclusive of the value of the real estate, and that the destroyed or damaged structure(s) constituted an integral part of the nonconforming use without which the nonconforming use cannot be profitably operated, and the owner of the nonconforming structure complies with all other requirements of the City Code, the owner of the nonconforming use or structure shall be entitled to a building permit permitting the owner to repair or reconstruct the damaged structure, provided that all repaired or reconstructed portions of the structure shall conform to all applicable health and safety codes adopted by the City as described above, and shall be entitled to continue to use the repaired or reconstructed structure in operation of the non- conforming use. (b) If the zoning administrator determines both that the cost of repair or reconstruction is equal to or greater than fifty percent (50 %) of the total value of structures and improvements used to conduct the nonconforming use, exclusive of the value of the real estate, and that the destroyed or damaged structure(s) constituted an integral part of the nonconforming use without which the nonconforming use could be profitably operated, the owner may not repair or reconstruct the structure and shall discontinue the nonconforming use. (c) If the zoning administrator determines that the cost of repair or reconstruction is equal to or greater than fifty percent (50 %) of the total value of structures and improvements used to conduct the nonconforming use, exclusive of the value of the real estate, but that the destroyed or damaged structure(s) did not constitute an integral part of the nonconforming use without which the nonconforming use could be profitably operated, the owner may not repair or reconstruct the structure but may continue the nonconforming use. (d) If the zoning administrator determines that the cost of repair or reconstruction is less than fifty percent (50 %) of the total value of structures and improvements used to conduct the nonconforming use, exclusive of the value of the real estate, but that the destroyed or damaged structure(s) did not constitute an integral part of the nonconforming use without which the nonconforming use could be profitably operated, the owner of the nonconforming use or structure shall be entitled to a building permit permitting the owner to repair or reconstruct the damaged structure, provided that all repaired or reconstructed portions of the structure shall conform to all applicable health and safety codes adopted by the City as described above, but shall not be entitled to continue to use the repaired or reconstructed structure in operation of the non - conforming use. d. Conditions on Repair or Reconstruction. All repaired or reconstructed portions of the structure shall conform to all applicable health and safety codes adopted by the City as described above. Notwithstanding any provision of this section to the contrary, the costs for repair or reconstruction of any damaged or destroyed structure(s) may not be included in determining the owner's investment in the non - conforming use subject to recoupment or amortization, and also shall not be included in any subsequent proceedings regarding amortization of the nonconforming use. If the zoning administrator and /or Board of Adjustment have previously permitted repair or reconstruction or a non - conforming structure or a structure used in the operation of a non- conforming use, the owner of the nonconforming use shall bear the burden of proof and production to establish that the costs of repair or reconstruction have been excluded in any subsequent proceedings regarding amortization of the nonconforming use. The zoning administrator and /or Board of Adjustment may also impose other conditions on repair or reconstruction to prevent such repair or reconstruction from unduly delaying the return of such property to a conforming use and to prevent the increase of any nonconformity of a nonconforming structure or use beyond what existed prior to the casualty, and to require that the reconstructed structure conforms in all other respects to the all requirements of the ordinances of the City. The determination of the Board of Adjustment on these issues shall be final. e. Special Exception for Financial Hardship. 1. If the zoning administrator determines that the cost of repair or reconstruction is equal to or greater than fifty percent (50 %) of the structure's fair market value immediately preceding the casualty, exclusive of the value of the real property, and either the owner of the nonconforming use or structure does not timely appeal that determination or the board of adjustment affirms that determination, the owner of the nonconforming use or structure may request a special exception permitting the owner of the nonconforming use or structure to repair and /or reconstruct the structure and /or continue the nonconforming use by filing a written request for special exception relating to continuance of a non- conforming use or structure with the zoning administrator and city secretary and paying the applicable fee within ten (10) business days of the date of determination of the zoning administrator, or within ten (10) business days of the date the board of adjustment affirms the determination of the zoning administrator, as may be applicable. 2. Upon the filing of such a request for special exception, the board of adjustment shall, as soon as practicable, hold a public hearing on such request and, following such public hearing, may grant the special exception and authorize repair and reconstruction if the board of adjustment determines that the financial hardship caused the owner of the nonconforming use or structure outweighs any negative impacts on the City and surrounding properties caused by the continuation of operation of the non - conforming use. When making this determination, the Board of Adjustment shall consider the property rights both of the owner of the non - conforming structure or non - conforming use and the owners of adjacent and nearby properties, the desirability for all property to conform to the regulations of this ordinance, the character of the area surrounding the non- conforming use or structure, the historic uses of the area surrounding the non- conforming use or structure, the adverse impacts, if any, of the non - conforming structure or use on the surrounding property and neighborhood, the diminishment of value, if any, of the surrounding property and neighborhood due to the continuance of the non - conforming structure or non - conforming use, and the public welfare, including any person or persons affected by the continuation of the non - conforming structure or non - conforming use. 3. The owner of the nonconforming use or structure will bear the burden of proof and persuasion on the property rights of the owner of the nonconforming use or structure, the investment of the owner in the non - conforming structure or non - conforming use, and the past and /or anticipated future profitability of the non- conforming structure or non - conforming use, and any other circumstances which support the granting of the special exception. The City will bear the burden of proof and persuasion on the property rights of the owners of adjacent and nearby properties, the desirability for all property to conform to the regulations of this ordinance, the character of the area surrounding the non - conforming use or structure, the historic uses of the area surrounding the non - conforming use or structure, the adverse impacts, if any, of the non - conforming structure or use on the surrounding property and neighborhood, the diminishment of value, if any, of the surrounding property and neighborhood due to the continuance of the non- conforming structure or non - conforming use, and the public welfare, including any person or persons affected by the continuation of the non - conforming structure or non - conforming use. The determination of the Board of Adjustment shall be final. f. Single family residences. Notwithstanding anything herein to the contrary, a non - conforming single family residence which is damaged or destroyed shall be permitted to be reconstructed without approval of the zoning administrator or Board of Adjustment regardless of the extent of destruction provided that the reconstruction complies with all current building codes and is commenced within six (6) months of the date of destruction. The failure of the owner to start such reconstruction within six (6) months shall forfeit the owner's right to restore or reconstruct the dwelling except in conformance with this ordinance. g. Appeals. If the owner of the nonconforming use or structure wishes to appeal a determination of the zoning administrator under this section, the owner may do so by filing a written notice of appeal with the zoning administrator and city secretary and paying the applicable fee within ten (10) business days of the zoning administrator's decision. Upon the filing of such an appeal, the board of adjustment shall, as soon as practicable, hold a public hearing on such appeal, and, following such public hearing, shall decide such appeal. The owner of the nonconforming use or structure shall bear the burden of proof and production at such appeal hearing to establish that the zoning administrator's determination should be reversed. The determination of the Board of Adjustment shall be final. h. Failure to timely commence repair or reconstruction. With regard to any request to repair or reconstruct under this section, if the owner of a nonconforming use or structure fails to begin reconstruction of the structure (when permitted to do so by the terms of this ordinance) within six (6) months of the later of the date of issuance of a building permit, the nonconforming structure or use shall be deemed to be discontinued or abandoned as provided in Section 6.9 above. L Notice and Procedures for Board of Adjustment Hearing. Prior to any hearing before the Board of Adjustment under this section, the zoning administrator shall provide the owner of any nonconforming use or structure for which termination or amortization is sought with at least thirty (30) days prior written notice of the appeal hearing. Such written notice shall make specific reference to this section. At the public hearing on the issue, the owner may appear in person and /or by counsel, and the City and the owner may present any evidence, written or oral, to the Board, which each deems relevant. The Board will not be bound by formal rules of evidence. The City will be represented by the City Attorney. The Board may also retain separate legal counsel to represent and advise the Board, and the City shall pay for such counsel. SECTION 3 AMENDMENT OF SECTION 6.11 Section 6.11 of the Southlake Comprehensive Zoning Ordinance is hereby amended to provide as follows: 6.11 AMORTIZATION OF NONCONFORMING USES a. The Board of Adjustment may from time to time on its own motion, on the City's motion, or upon cause presented by interested persons, inquire into the existence, continuation or maintenance of any nonconforming use within the City. The Board of Adjustment may take specific action to abate, remove, limit or terminate any nonconforming use or structure under the guidelines established in this section. b. The Board of Adjustment may order the immediate termination of a nonconforming use or structure if the Board determines that the owner's investment in the nonconforming use or structure has been recouped through amortization over time. C. Alternatively, if the Board determines that the owner's investment in the nonconforming use or structure has not been recouped through amortization at the time of the hearing, the Board of Adjustment may order the termination of a nonconforming use or structure on such future date by which the Board determines the owner's investment in the nonconforming use or structure will be recouped through amortization. d. In making any determination under this section, the Board of Adjustment shall first hold a public hearing. The zoning administrator shall provide the owner of any nonconforming use or structure for which termination or amortization is sought with at least thirty (30) days prior written notice of the action sought. Such written notice shall make specific reference to this section. e. In making any determination under this section, the Board shall consider the investment of the owner in the non - conforming structure or non - conforming use, the past and /or anticipated future profitability of the non - conforming structure or non - conforming use, the desirability for all property to conform to the regulations of this ordinance, the character of the area surrounding the non- conforming use or structure, the historic uses of the area surrounding the non- conforming use or structure, the adverse impacts, if any, of the non - conforming structure or use on the surrounding property and neighborhood, the diminishment of value, if any, of the surrounding property and neighborhood due to the continuance of the non - conforming structure or non - conforming use, the property rights both of the owner of the non - conforming structure or non - conforming use and the owners of adjacent and nearby properties, and the public welfare, including any person or persons affected by the continuation of the non- conforming structure or non - conforming use. f. The City will bear the burden of proof and persuasion on the desirability for all property to conform to the regulations of this ordinance, the character of the area surrounding the non - conforming use or structure, the historic uses of the area surrounding the non - conforming use or structure, the adverse impacts, if any, of the non - conforming structure or use on the surrounding property and neighborhood, the diminishment of value, if any, of the surrounding property and neighborhood due to the continuance of the non - conforming structure or non- conforming use, the property rights of the owners of adjacent and nearby properties, and the public welfare, including any person or persons affected by the continuation of the non - conforming structure or non - conforming use. The owner of the nonconforming structure or use will bear the burden of proof and persuasion on the owner's property rights, the investment of the owner in the non - conforming structure or non - conforming use, and the past and /or anticipated future profitability of the non - conforming structure or non - conforming use. The decision of the Board of Adjustment shall be final. g. Prior to any hearing before the Board of Adjustment under this section, the zoning administrator shall provide the owner of any nonconforming use or structure for which termination or amortization is sought with at least thirty (30) days prior written notice of the appeal hearing. Such written notice shall make specific reference to this section. At the public hearing on the issue, the owner may appear in person and /or by counsel, and the City and the owner may present any evidence, written or oral, to the Board, which each deems relevant. The Board will not be bound by formal rules of evidence. The City will be represented by the City Attorney. The Board may also retain separate legal counsel to represent and advise the Board, and the City shall pay for such counsel. h. No outside storage or display that is not in conformity with this ordinance shall be allowed. SECTION 4 AMENDMENT OF SECTION 44.3 Section 44.3, subsections (d), (e) and (f) of the Southlake Comprehensive Zoning Ordinance is hereby amended to provide in pertinent part as follows: 44.3 POWERS AND DUTIES The Board of Adjustment shall have all powers and duties granted by this ordinance and by Sections 211.008- 211.011, Texas Local Government Code, and shall be governed by same. These powers and duties shall include the following: d. Termination or Amortization of Nonconforming Structure or Use - The Board may order the immediate termination of a nonconforming use or structure on the terms and subject to the provisions and procedures established in Section 6.11 of this ordinance. e. Reconstruction of Nonconforming Use - The Board may permit the repair or reconstruction and occupancy of a nonconforming structure or a structure containing a nonconforming use where the structure has been damaged in excess of fifty percent (50 %) but less than the total value, on the terms and subject to the provisions and procedures established in Section 6.10 of this ordinance. f. Resumption of Discontinued or Abandoned Nonconforming Use - Within the limits prescribed in Section 6.9, the Board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operations on the terms and subject to the provisions and procedures established in Section 6.10 of this ordinance. The remainder of Section 44.3 shall remain unchanged. SECTION 5 PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6 PROVISIONS SEVERABLE 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 7 RIGHTS AND REMEDIES SAVED All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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 PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice sitting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10 PENALTY FOR VIOLATION 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 no more than Two Thousand Dollars ($2,000.00) for each violation of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11 EFFECTIVE DATE 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 on this day of 086181