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HomeMy WebLinkAbout2018-3995 - Ordinance - 03/22/2018ORDINANCE NO. 2018-3995 AN ORDINANCE AMENDING CHAPTER 16, “FIRE PREVENTION AND PROTECTION,” ARTICLE III, “FIRE CODE,” SECTION 16-52 (3), OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO FIRE AND LAW ENFORCEMENT OFFICIALS TO TEMPORARILY SUSPEND A CERTIFICATE OF OCCUPANCY FOR OVERCROWDING OR LIFE SAFETY; 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 16, “Fire Prevention and Protection,” Article III, “Fire Code,” Section 16-52 (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. 2018-3995 Page 2 of 3 PASSED, ADOPTED and APPROVED this 22nd day of March, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2018-3995 Page 3 of 3 EXHIBIT A That Chapter 16, “Fire Prevention and Protection,” Article III, “Fire Code,” Section 16-52 (3) of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding and is to read as follows: Sec. 16-52. - Amendments to the International Fire Code. (3) (a) Section 107.6.1 is added. 107.6.1 Certificate of Occupancy Temporary Suspension. The Fire Code Official or any member of the Fire Department designated by the Fire Code Official, the Chief of Police, or any member of the Police Department designated by the Chief of Police is authorized, in writing, to immediately suspend a Certificate of Occupancy for a twenty-four (24) hour period where it is determined that the building or structure or portion thereof is Overcrowded, violating any life safety regulation or ordinance or violating any other ordinance adopted by this code. Within one (1) business day after the suspension, a person may submit a written appeal to the City Manager appealing the Certificate of Occupancy Temporary Suspension. The City Manager’s decision is final.