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HomeMy WebLinkAbout2024-4511 - Ordinance - 04/25/2024ORDINANCE NO. 2024-4511 AN ORDINANCE AMENDING CHAPTER 103 “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE II “ADMINISTRATION AND ENFORCEMENT” DIVISION 2 “CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; APPEALS AND VARIANCES” AND DIVISION 3 “BUILDING AND CONSTRUCTION STANDARDS COMMISSION” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO THE MEMBERSHIP OF THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS AND THE BUILDING AND STANDARDS COMMISSION; 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 103 “Buildings and Building Regulations,” Article II “Administration and Enforcement” Division 2 “Construction Board of Adjustment and Appeals; Appeals and Variances” 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: That Chapter 103 “Buildings and Building Regulations,” Article II “Administration and Enforcement” Division 3 “Buildings and Construction Standards Commission” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 3: 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 4: 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. ORDINANCE NO. 2024-4511 Page 2 of 4 PART 5: 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. PASSED, ADOPTED, and APPROVED this 25th day of April, 2024. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2024-4511 Page 3 of 4 Exhibit A That Chapter 103 “Buildings and Building Regulations,” Article II “Administration and Enforcement” Division 2 “Construction Board of Adjustment and Appeals; Appeals and Variances,” Section 103-45 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 103-45. - Membership. (a) Members. The Construction Board of Adjustment and Appeals shall consist of five members appointed by City Council for two-year terms and four alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor or City Manager. The City Council shall appoint one member as Chairperson. The alternate Board Members serve for the same period and are subject to removal in the same manner as the regular members. (b) Removal. The City Council may remove a Board Member for cause on a written charge. Before a decision regarding removal is made, the City Council shall hold a public hearing on the matter if requested by the Board Member subject to the removal action. (c) Dual Appointment. The membership of the Construction Board of Adjustment and Appeals shall be the same as the membership of the Building and Standards Commission. Appointment to, or removal from, one body shall have the same effect for the other body. ORDINANCE NO. 2024-4511 Page 4 of 4 Exhibit B That Chapter 103 “Buildings and Building Regulations,” Article II “Administration and Enforcement” Division 3 “Building and Construction Standards Commission,” Section 103-75 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 103-75. – Membership. (a) Members. The Building and Construction Standards Commission shall consist of five members appointed by City Council for two-year terms and four alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor or City Manager. The alternate Commission Members serve for the same period and are subject to removal in the same manner as the regular members. (b) Removal. The City Council may remove a Commission Member for cause on a written charge. Before a decision regarding removal is made, the City Council shall hold a public hearing on the matter if requested by the Commission Member subject to the removal action. (c) Dual Appointment. The membership of the Building and Standards Commission shall be the same as the membership of the Construction Board of Adjustment and Appeals. Appointment to, or removal from, one body shall have the same effect for the other body.