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2023-4488 - Ordinance - 12/11/2023ORDINANCE NO. 2023-4488 AN ORDINANCE AMENDING CHAPTER 105, “FLOODS,” ARTICLE II, “FLOOD HAZARD PROTECTION,” DIVISION 3 “FLOOD HAZARD REDUCTION,” SECTION 105-84(3), OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO SPECIAL PROVISIONS FOR MANUFACTURED HOMES IN AREAS OF SPECIAL FLOOD HAZARD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 105, “Floods,” Article II, “Flood Hazard Protection,” Division 3, “Flood Hazard Reduction,” Section 105-84(3) of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2023-4488 Page 2 of 3 PASSED, ADOPTED and APPROVED this 11th day of December, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2023-4488 Page 3 of 3 EXHIBIT A That Chapter 105, “Floods,” Article II, “Flood Hazard Protection,” Division 3 “Flood Hazard Reduction,” Section 105-84(3) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: (3) For new manufactured home developments; expansions to existing manufactured home developments or replacements of manufactured homes in existing manufactured home developments; existing manufactured home developments where repair, reconstruction, or improvement of the streets, utilities, or building pads exceeds half of the value of the streets, utilities, and building pads before such repair, reconstruction or improvement; and for manufactured homes not placed in a manufactured home development, a registered professional engineer or land surveyor shall certify that the following applicable standards have been satisfied in a manner approved by the Administrator and shall bear the dated seal and signature of such registered professional engineer or land surveyor: a. That stands or lots shall be elevated on compacted fill or on pilings such that the lowest floor of the manufactured home will be one foot above the base flood elevation and the elevation of the center of the stand shall be no more than one foot below the base flood elevation; b. Adequate surface drainage and access for a hauler shall be provided; c. If a manufactured home is elevated on pilings: 1. Lots shall be large enough to permit steps; 2. Piling foundations shall be placed in stable soil no more than ten feet apart; 3. Reinforcement shall be provided for pilings more than six feet above the existing or finished ground level.