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HomeMy WebLinkAboutORD 19-011ORDINANCE NO. 19-011 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 18- 053 BY ALLOWING FOR A SIX (6) MONTH EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and; WHEREAS, on September 18,2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 amending Ordinance No. 17-059 by allowing for a six (6) month extension .for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and, WHEREAS, it was not until November 2018 that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's Assistance Program (HAP), 'the primary program for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is recommending an additional six (6) month extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension; and, WHEREAS, a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance; and, I WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend Ordinance No. 18-053 to allow a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 9 Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. THAT Ordinance 18-053 is hereby amended to allow a six (6) month deadline extension, with Council approval,- for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey. Section 3. THAT as the new deadline approaches, residents, upon application to the 1 Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension. Section 4. THAT a ninety (90) day extension could then be granted by the City Council if the home -is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance. Section 5. THAT if any section, subsection, sentence, clause of 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 6. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. THAT any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 11.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. L