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HomeMy WebLinkAboutOrdinances (O-08-1661)-02/19/2008ORDINANCE 0-08-1661 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 18 -BUILDINGS AND BUILDING REGULATIONS, ARTICLE I - IN GENERAL, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS BY AMENDING SECTION 18-22 - PERMIT ISSUANCE, TO INSERT A NEW REQUIREMENT FOR CONTRACTORS TO PROVIDE PROOF OF STATE HOMEBUILDER REGISTRATION AS A CONDITION FOR OBTAINING CERTAIN BUILDING PERMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-04-1485 on November 3, 2004, adopting the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend Section 18- 22 of the Colleyville Code of Ordinances to require proof of state registration as a homebuilder as a condition for obtaining certain building permits; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after Ordinance 0-08-1661 Page 2 of 3 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 18-22 Permit Issuance, of the Code of Ordinances of the City of Colleyville, Texas, is hereby amended to read as follows: Q) Proof of State Homebuilder Registration. No building permit shall be issued for the construction of a new residential structure, the expansion of the building footprint of an existing residential structure, a material improvement to an existing home as defined in the State Property Code or for the renovation to the interior of an existing residential structure where the total renovation costs within one year cost more than $10,000, unless the builder or re-modeler provides proof of homebuilder registration with the Texas Residential Construction Commission. EXCEPTION: An individual building his or her own home, or a home that has been or will be used by the homeowner as the homeowner's primary residence for at least one year after completion. Sec. 2. THAT Ordinance 0-04-1485 and Section 18 of the Code of Ordinances of the City of Colleyville, Texas, as amended, shall remain in effect, except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-08-1661 Page 3 of 3 Sec. 6. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 7. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the .~~ day of 2008. The second reading and public hearing being conducted on the _/9~day of ~7e.C~1lit,c, 2008. ATTES ' Cynthia Singleton, TRMC, CMC j City Secretary CITY OF COLLEYVILLE ~~--- David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: UJ. 1 Matthew C. G. Boyle City Attorney