HomeMy WebLinkAboutORD 07-038 ORDINANCE NO. 07-038
ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE
II, SECTION 14-34 OF THE CODE OF ORDINANCES AND
REPEALING CHAPTER 14, ARTICLE I, SECTION 14-1 AND
ARTICLE V, SECTIONS 14-72 AND 14-79 OF THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 14, Article I, Section 14-1, be and the same is hereby
repealed.
Section 2.
That Chapter 14, Article II, Section 14-34, be and the same is hereby
amended to read as follows:
Sec. 14-34. Same--Exemptions and exclusions.
There shall be exempted from the application of section 14-33:
(1) Any single-family house sold or rented by an owner: Provided, that
such private individual owner does not own more than three (3)
single-family houses, wherever located, at any one time; provided
further, that in the case of the sale of any such single-family house
by a private individual owner not residing in such house at the time
of such sale or who was not the most recent resident of such house
prior to such sale, the exemption granted by this subsection shall
apply only with respect to one such sale within any twenty-four-
month period; provided further, that such bona fide private
individual owner does not own any interest in, nor is there owned or
reserved on such owners behalf, under any express or voluntary
agreement, title to or any right to all or a portion of the proceeds
from the sale or rental of, more than three (3) such single-family
houses at any one time; provided further, the sale or rental of any
such single-family house shall be excepted from the application of
section 14-33 only if such house is sold or rented:
a. Without the use in any manner of the sale or rental facilities
or services of any real estate broker, agent or salesman, or
of such facilities or services of any person in the business of
selling or renting dwellings, or of any employee or agent of
any such broker, agent, salesman or person; and
b. Without the publication, posting or mailing of any
advertisement or written notice in violation of section 14-33
(3); but nothing in this section shall prohibit the use of
attorneys, escrow agents, abstractors, title companies and
other such professional assistance as necessary to perfect
the transfer of title.
(2) The rental of rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four (4)
families living independently of each other if the owner actually
maintains and occupies one of such living quarters as the owners
residence.
Nothing in this article shall prohibit a religious organization, association, or
society, or any nonprofit institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or
society, from limiting the sale, rental or occupancy of dwellings which it owns or
operates for other than a commercial purpose to persons of the same religion or
from giving preference to such persons, unless membership in such religion is
restricted on account of race, color, national origin, sex, handicap or familial
status.
Nothing in this article shall prohibit a private club not in fact open to the
public, which, as an incident to its primary purpose or purposes, provides
lodgings which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodgings to its members or from giving
preference to its members.
Section 3.
That Chapter 14, Article V, Sections14-72 and 14-79, be and the same are
hereby repealed.
Section 4.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall
not affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
Section 5.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 6.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of B aumont on this the
3rd day of April, 2007.
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,�,��11,, - Mayor Guy N. Goodson -
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