HomeMy WebLinkAboutORD 99-023 ORDINANCE NO. 9 q—a3
ENTITLED AN ORDINANCE AMENDING CHAPTER 6,
SECTION 6-21 OF THE CODE OF ORDINANCES TO AMEND
THE BUILDING CODE OF THE CITY OF BEAUMONT TO
REGULATE THE MOVING OF BUILDINGS FOR
RESIDENTIAL PURPOSES WITHIN THE CITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 6, Section 6-21 be and the same is hereby amended to amend Section
3313.1 of the Standard Building Code to read as follows:
Section 3313.1.
A. It shall be unlawful to move a building or part of a building through or across
any sidewalk, street, alley or highway within the City of Beaumont if the
building or part of a building was designed for residential purposes and is to
be placed on a lot in the City for residential purposes without obtaining a
residential moving permit from the Building Official. A building or part of a
building to be used for other than residential purposes may not be moved
through or across any sidewalk, street or alley within the City without first
obtaining a moving permit from the Building Official. Houses, buildings or
structures designated as having historical or architectural significance by the
City of Beaumont's Historical Landmark Commission or the Texas Historic
Commission shall be exempt from the provisions relating to compliance with
the Standard Building Code prior to moving. These houses, buildings or
structures shall not be moved without first obtaining a permit from the
Building Official. The application for a residential moving permit shall be
accompanied by applications for all necessary permits required to bring
these houses, buildings or structures into compliance with the applicable
building codes. Included with the building permit application shall be a
complete set of plans showing the changes, if any, of the structure after all
contemplated improvements.
B. A residential moving permit may be obtained from the Building Official if the
residential structure, prior to being moved, meets the following criteria:
1. The structure must be located in the City of Beaumont.
2. The appraised value of the structure as set by the .Jefferson County
Appraisal District must be a minimum of 50 per cent of the average
appraised value of all residential structures on lots or tracts within four-
hundred feet of the property line of the lot or tracts upon which the
structure to be moved will be placed.
3. The application for a residential moving permit must be accompanied by
an application for all necessary permits required to bring the structure
into compliance with all applicable codes. Included with the building
permit application shall be a complete set of plans showing the changes,
if any, of the structure after all contemplated improvements.
C. The Building Official, as a condition precedent to the issuance of a
residential moving permit, shall require a bond or cashier's check in the
amount of$5,000. Such bond or cashier's check shall be made payable to
the City of Beaumont and shall be conditioned upon strict compliance with
the terms of this ordinance.
1. The structure will be brought into compliance with all applicable codes
and connected to water, sewer, electricity and gas if applicable
("utilities") within ninety calendar days after relocation to the new site.
Failure to connect the structure to utilities may result in forfeiture of the
required security and demolition of the structure. The issuance of any
permit by the City shall not extend the time to bring the building into
compliance beyond the ninety calendar days established by this
ordinance. If the security is forfeited for any reason, the City is hereby
authorized to demolish the structure and clear the lot. By signing an
application for a residential moving permit, the owner or agent for the
owner agrees that the structure may be demolished by the City if it
becomes necessary to forfeit the security required by this ordinance.
2. Failure or refusal to timely perform any one or more of the requirements
of this ordinance may result in the forfeiture of the required security.
D. Appeals from the denial of a residential moving permit or a decision to forfeit
the required security by the Building Official shall be made in writing to the
Zoning Board of Adjustment within ten days after the denial of such permit.
The Zoning Board of Adjustment may reverse the decision of the Building
Official if the Board of Adjustment finds by the concurrence of four members
of the Board that the structure meets the requirements set out herein for
issuance of a residential building permit.
Section 2.
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 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
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 the City of Beaumont,
Texas. y,
PASSED BY THE CITY COUNCIL this the day of
1999.
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