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HomeMy WebLinkAboutORD 84-161 i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REGULATE DEVELOPMENT IN FLOOD HAZARD AREAS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Article III of Chapter 6 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: CODE OF ORDINANCES CITY OF BEAUMONT TEXAS CHAPTER 6, ARTICLE III. FLOOD HAZARD AREAS SECTION 6-30 ESTABLISHMENT Flood hazard areas are hereby established within the city and are designated as Zones A, AO, AH, Al through A30, inclusive, A99, B, C, D, V, and Zones V1 through V30, inclusive, as identified on the Federal Insurance Administration Official Flood Insurance Map, community number 485457B dated December 4, 1984, and on file in the office of the city clerk. SECTION 6-30.1 STATEMENT OF PURPOSE It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in- flood plains; (6) To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and, (7) To insure that potential_ buyers are notified that property is in a flood area. Page 1 i SECTION 6-30.2 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Article uses the following methods: (1) Restrict or prohibit land uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that land uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION 6-30.3 DEFINITIONS. Unless specifically defined below, words, phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal means a request for a review of the chief building inspector's interpretation of any provisions of this article or a request for a variance as defined in this Section. Area of shallow flooding means a designated AO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three (3) feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood Hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zones A, A0, AH, Al-99, V0. or V1-30. Page 2 Base flood means the flood having a one per cent chance of being equalled or exceeded in any given year. Development means any man—made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile homes is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Article. Expansion to a existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood Hazard Boundary Map (FHBM) means the official map of the City of Beaumont, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A. Flood insurance rate map (FIRM) means an official map of a community on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones .applicable to the community. Flood Insurance Study is the official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary—Floodway Map. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. / Page 3 Habitable floor means any floor usuable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor." Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Mean sea level means the average height of the sea for all stages of the tide. Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. New mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this Article. Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings the "start of cons ruction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. Structure means a walled and roofed building that is principally above ground, as well as a mobile home. //// Page 4 i Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure either: ( 1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: ( 1) Any projects for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) Any alterations of a structure listed on the National Register of Historic Places or a state inventory of historic places. Variance is a grant of relief to a person from the requirements of this Article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Article. SECTION 6-31 LANDS TO WHICH THIS ARTICLE APPLIES This Article shall apply to all areas of Special Flood Hazard within the jurisdiction of the City of Beaumont as established in Section 6-30. SECTION 6-32 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of Special Flood Hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Beaumont, " dated June 4, 1984, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this Article. SECTION 6-33 CHANGING BOUNDARIES OR REGULATIONS The governing body of the city may from time to time amend, supplement, or change by ordinance the boundaries of the flood hazard areas or regulations herein established, if required or approved by the Federal Emergency Management Agency (FEMA). Page 5 SECTION 6-34 FLOOD CONTROL BOARD -- .ESTABLISHMENT; MEMBERSHIP A flood control board is hereby established, which shall consist of the board of adjustment. SECTION 6-34.1 SAME -- POWERS The flood control board shall have the following powers: (1) To hear appeals and to make decisions thereon where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Article. (2) To grant variances in cases in which the property owner meets the conditions set forth in Section 6-35 of this Article. SECTION 6-34.2 SAME -- QUORUM; VOTING All cases brought before the flood control board shall be heard by at least four (4) board members, which shall constitute a quorum. Decisions shall be based upon a minimum of four (4) concurring votes. SECTION 6-35 GRANTING OF VARIANCES (1) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot on one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, G Page 6 i providing the relevant factors in Section 6-38.2 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (3) Upon consideration of the factors noted above and the intent of this Article, the Flood Control Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article. (Section 6-30.1) (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no less than the regulatory base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 6-36 ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be required to ensure conformance with the provisions of this Article. // / Page 7 SECTION 6-36.1 COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. SECTION 6-36.2 ABROGATION AND GREATER RESTRICTIONS This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION 6-36.3 INTERPRETATION In the interpretation and application of this Article, all provisions shall be: (1) considered as minimum requirements; (2) liberally constructed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION 6-37 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Beaumont or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Page 8 i SECTION 6-38 PERMITS -- INFORMATION REQUIRED Application made to the City for any permit authorizing the subdivision or development of any parcel of land or the construction, placing, or substantial improvement of any structure within a flood hazard area shall include evidence demonstrating the following: (1) That the proposed subdivision, development, or construction is designed so as to be consistent with the need to minimize flood damage and is in compliance with the terms of this Article. (2) That all public utilities are located, elevated, and constructed to minimize or eliminate flood damage. (3) That adequate drainage is provided. SECTION 6-38.1 DUTIES AND RESPONSIBILITIES OF THE CHIEF BUILDING INSPECTOR Duties and responsibilities of the chief building inspector shall include, but not be limited to: (1) Review, approve or deny all applications for development permits required by Section 6-38 of the Article; (2) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; (3) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the chief building inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 6-34.1 of this Article; (4) Notify adjacent communities and the Texas Department of Water Resources prior to any alteration or relocation Page 9 i of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (5) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; (6) When base flood elevation data has not been provided in accordance with Section 6-39 , the chief building inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provision of Section 6-38.1 (1). (7) Maintain and hold open for public inspection all records pertaining to the provisions of this Article. (8) Maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. SECTION 6-38.2 PERMIT PROCEDURES (1) Application for a development permit shall be presented to the chief building inspector on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special food hazard. Additionally, the following information is required: (a) Elevations: 1 . The ground elevation. 2. The first floor elevation. 3. In the case of a basement, the distance between the first floor and the bottom of the lowest opening where water flowing over the ground would enter. 4. Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures; 5. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed. (b) A certificate from a registered professional engineer or architect that the non-residential floodproofed Page 10 i structure shall meet the floodproofing criteria of Section 6-44 (2). (c) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (2) Approval or denial of a Development Permit by the Chief Building Inspector shall be based on all of the provisions of this Ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems. (g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (j) The relationship of the proposed.:use to the comprehensive plan for that area. Page 11 ail SECTION 6-38.3 SAME -- REVIEW OF APPLICATIONS All such evidence as required by Section 6-38 shall be submitted to the director of public works and to the director of public utilities for review and verification. The findings of the director of public works and the director of public utilities shall be in writing and shall constitute a condition of the permit; no permit shall be issued without such written findings. SECTION 6-39 STANDARDS FOR SUBDIVISION PROPOSALS Base flood elevation data shall be provided for subdivision proposals and other proposed developments which are greater than the lesser of fifty (50) lots or five (5) acres, if not otherwise provided pursuant to this Article. Such data shall demonstrate: (1) That all subdivision proposals shall be consistent with Sections 6-38, 6-38.2, 6-40, 6-41, 6-42, 6-42.2, 6-43, 6-44, 6-44.1 , 6-45 and 6-46 of this Article. (2) That all proposals for the development of subdivisions shall meet development permit requirements of Section 6-38 and Section 6-38.2 of this Article; (3) That all subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and, (4) That all subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. SECTION 6-40 USES; RESTRICTIONS Located within areas of Special Flood Hazards established in Section 6.32 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: Page 12 i (a) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurence of the base flood discharge. (b) If Section 6-40 (a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 6-39, 6-40, 6-41, 6-42, 6-42.1 , 6-43, 6-44, 6-44.1 , 6-45, 6-45.1 and 6-46. (c) Prohibit the placement of any mobile homes, except in an existing mobile home park or subdivision. SECTION 6-41 CONSTRUCTION TECHNIQUES, MATERIALS, AND UTILITY EQUIPMENT (a) Within a flood hazard area, construction techniques used in new construction, major repairs, or substantial improvements must be those which will minimize flood damage, and both construction materials and utility equipment must be flood resistant. (b) Structures shall be designed or modified to prevent floatation, collapse or lateral movement of the structure and to prevent damage to nonstructural elements. All mobile homes not on wheels and all frame structures, including prefabricated houses, shall be securely anchored to foundations in order to prevent floatation or lateral movement. (c) All air ducts, large pipes, and storage tanks located at or below the first floor level shall be firmly anchored to prevent floatation. Tanks shall be vented at a location above the one hundred-year flood level. SECTION 6-42 WATER SUPPLY AND SANITARY SEWAGE SYSTEMS New or replacement public water systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Page 13 SECTION 6-42.1 ON-SITE WASTE DISPOSAL SYSTEMS On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION 6-43 ELEVATION -- RESIDENTIAL STRUCTURES Within a flood hazard area, residential structures which are newly constructed or which are being substantially improved must have the lowest floor, including basement elevated to above the regulatory base flood elevation specified in the flood insurance study of June 4, 1984 prepared by FEMA. SECTION 6-44 SPECIFIC STANDARDS -- BASE FLOOD ELEVATIONS DETERMINED In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 6-30, Section 6-38.1 , or Section 6-39, the following provisions are required: (1) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot above the regulatory base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the chief building inspector that the standard of this subsection, as proposed in Section 6-38.2 is satisfied; (2) Nonresidential construction. New construction substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one (1) foot above the regulatory base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the regulatory base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall submit a certification to the chief building inspector that the standards of this subsection as proposed in Section 6-38.2 are satisfied. Page 14 SECTION 6-44.1 SAME -- BASE FLOOD ELEVATIONS UNKNOWN When FEMA has designated areas of -special flood hazards (A Zones), but has not produced a base flood elevation the community shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source as criteria for requiring that: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to one (1) foot above the regulatory base flood level, (2) All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or floodproofed to one (1) foot above the regulatory base flood level. SECTION 6-45 SAME -- NONRESIDENTIAL STRUCTURES Within a flood hazard area, nonresidential structures which are newly constructed or which are being substantially improved either must have the lowest floor, including basement, elevated to one (1) foot above the regulatory base flood elevation, or must together with attendant utility and sanitary facilities, be floodproofed as specified in the flood insurance study of June 4, 1984 prepared by FEMA. SECTION 6-45.1 SPECIFIC STANDARDS -- MOBILE HOMES For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) per cent of value of the streets, utilities and pads before the repair, reconstruction, or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision it shall be required that: (1) Stands or lots be elevated on compacted fill or on pilings so that the lowest floor of the mobile home is elevated to one (1) foot above the regulatory base flood level. A registered / Page 15 i professional engineer, architect, or land surveyor shall submit a certification to the chief buillding inspector that the standards of this paragraph complies with Section 6-38.2 of this Article; and, (2) Adequate surface drainage and access for a hauler are provided; and, (3) In the instance of elevation on pilings: (a) Lots be large enough to permit steps; (b) Piling foundations be placed in stable soil no more than ten (10) feet apart; and (c) Reinforcement be provided for pilings more than six (6) feet above the ground level; (4) No mobile home shall be placed in a floodway, or if applicable, a coastal high hazard area, except in an existing mobile home park or existing mobile home subdivision; (5) Over-the-top ties at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one additional tie per side; (6) Frame ties at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than fifty (50) feet long requiring four (4) additional ties per side; (7) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; (8) Any additions to the mobile homes be similarly anchored. SECTION 6-46 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONE) Located within the areas of special flood hazard established in Section 6-30 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the Page 16 i path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM (at least two (2) feet if no depth number is specified) ; (2) All new construction and substantial improvements of nonresidential structures shall: (a) Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the FIRM, (at least two (2) feet if no depth number is specified) or; (b) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) A registered professional engineer or architect shall submit a certification to the chief building inspector that the standards of this section, as proposed in Section 6-44, 6-45.1 are satisfied. (4) Require within Zones AH and A0, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION 6-47 CONFLICT OF LAWS Within a flood hazard area, the provisions of this Article shall take precedence over any conflicting municipal laws, ordinances, or codes. SECTION 6-48 EXISTING STRUCTURES With exception of provisions which relate to the establishment of elevations of structures lying within flood hazard areas, the provisions Page 17 i of this Article shall not apply to any structure existing as of the effective date of the ordinance from which this section is derived, unless such structure is undergoing substantial improvement at that time. SECTION 6-49 VIOLATIONS -- ENFORCING-OFFICER It shall be the duty of the building official, or his designated representative, to make inspections to determine the existence of violations of this Article. SECTION 6-50 SAME -- ACTION TO PREVENT AND ABATE In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of this Article, the city, in addition to other remedies, shall institute any proper action or proceedings necessary, including the denial of connections to public utility systems, to restrain, correct, or abate such violations; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. Page 18 i 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 Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . s , - Mayor - 2 -