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HomeMy WebLinkAboutORD 71-65LN/im/11/01/71 ORDINANCE NO. 9 1 - [o ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY ADDING THERETO A NEW SECTION 28-4, 28-5, 28-6 AND 28-7, SAID SECTIONS ESTABLISH- ING A PLUMBING BOARD OF REVIEW; PROVIDING FOR QUALIFICATIONS AND TENURE OF OFFICE OF APPOINTIVE MEMBERS; ESTABLISHING POWERS AND DUTIES OF THE PLUMBING BOARD OF REVIEW; PROVIDING FOR APPEALS TO THE PLUMBING BOARD OF REVIEW; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND PRO- VIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: 1. That Chapter 28 of the Code of Ordinances of the City of Beaumont is hereby amended by adding thereto the following sections: "Sec. 28-4. Plumbing Board of Review Created. "There is hereby created the tPlumbing Board of Reviews, consisting of five (5) appointive members and a plumbing,inspector, who shall be an ex,officio member. The appointive members of the Board shall be appointed by the - City Council and shall serve the- w compensation. The plumbing inspector shall act in an advisory capacity only and shall not have the right to vote with the Board. "Sec. 28-5. Qualifications and Tenure of Office ot Appointive Members. "The appointive members of the Plumbing Board of Review shall be qualified as follows: one (1) shall be a master plumber licensed by the State of Texas who has been a master plumber for at least five (5) years; one (1) shall be- a journeyman plumber licensed by the State of Texas who has been a journeyman plumber for at least five (5). years; one -(I) shall be a registered engineer licensed by the State of Texas; one (1) shall be a general contractor specializing in home construction; and one (1) shall be a registered architect licensed by the State of Texas. Such appointive members shall hold their office from the date of their appointment and qualification. until their successors have been appointed and qualified. Of the first five (5) Board members appointed under the provisions of this Code, three (3) shall be appointed for a term of two (2) years and two (2) shall be appointed for a term of one (1) year. Thereafter, all appointive members of the Board shall be appointed for a term of two (2) years. Any appointive member may Z)- 71- e;s //- .23 - 7 / //? i T y be removed by the City Council for good cause, and vacancies of appointive members shall be filled by appointment for the unexpired term of the appointive member replaced. "Sec. 28-6. Powers and Duties of the Plumbing Board of Review. "(a) The Plumbing Board of Review shall select a chairman and shall prescribe a procedure and order of business, consistent with the pro- visions of this section and section 28-7 of this Code for the performance of its duties. The plumbing inspector shall act as secretary to the Board. "(b) Three (3) appointive members of the Board shall constitute a quorum for the transaction of business. "(c) The Board shall keep a minute book in which shall be recorded all transactions and business of the Board. . "(d) The Plumbing Board of Review shall have the following powers: (1) To hear and decide appeals as provided in section 28-7 of this Code and as provided in the Southern Standard Gas Code; (2) To recommend to the City Council in writing amendments and changes to this Code and to the Southern Standard Gas Code, and to recommend new methods and materials to be recognized and approved by such Codes. "Sec. 28-7. Appeals to the Plumbing Board of Review. "(a) Any person, firm,.or corporation aggrieved by any interpretation of this Code or of the Southern Standard Gas Code, or .by any decision or ruling of the plumbing inspector under this Code or under the Southern Standard Gas Code, or desiring to recommend an amendment to this Code or the Southern Standard Gas Code, shall have the right to make an appeal to the Plumbing Board of Review. Said appeal shall be made in writing and shall be duly verified -by the person or persons familiar with the facts therein charged, and three (3) written copies of the same shall be filed with the city clerk within thirty (30) days of the date of the decision appealed from. A certified check for the amount of Ten ($10.00) Dollars, payable to The City of Beaumont, shall accompany such appeal to cover the cost of processing the appeal. The city clerk shall retain one (1) copy of such appeal for the official records of the city and shall refer two (2) copies of the appeal to the plumbing inspector, who shall investigate the facts and report the appeal and the facts to the Plumbing Board of Review. The person, firm,or corporation -2- aggrieved as provided in this paragraph or recommending an amendment to this Code or the Southern Standard Gas Code as'provided in this paragraph shall have the right to appear at the time the plumbing inspector makes his report to the Plumbing Board of Review and make any state- ments or presentations desired to the Plumbing Board of Review. "(b) The Board shall hear the appeal and shall within thirty (30) -days from such appeal render a decision in:writing, which shall be final with respect to the matter presented in the appeal. Such decision shall be filed with the city clerk. "(c) In hearing such an appeal, the Plumb- ing Board of Review shall not have the power to waive or set aside the requirements of this Code or of the Southern Standard Gas Code, but shall have the power to interpret the provisions of this Code or of the Southern Standard Gas Code and make recommendations to the City Council of changes in this Code or the Southern Standard Gas Code." 2. All ordinances or parts of ordinances in conflict here- with are hereby repealed. 91 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 in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 4. Any person who fails to comply with or violates any pro- vision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-8 of the Code of Ordinanc-es of Beaumont, Texas. Each such person shall be deemed guilty of a separate offense for each day during which any violation of this ordinance continues. 1971. PASSED by the City Council this day of -3- Mayor -