ORDINANCE NO. 10-391

 

AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID CHAPTER 7 BEING THE FLOOD DAMAGE PREVENTION REGULATIONS, AS AMENDED, BY AMENDING SECTION 7-71 OF ARTICLE IV, FLOOD HAZARD REDUCTION, STANDARDS APPLICABLE TO ALL RESIDENTIAL CONSTRUCTION, TO CLARIFY THE APPLICATION OF SLAB ELEVATION REQUIREMENTS TO HOMES BEING REMODELED OR RECONSTRUCTED; AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, SAID CHAPTER 10 CONTAINING THE CITY’S REGULATIONS RELATED TO TREES, TO REMOVE THEREFROM THE DEFINITION OF NEW HOME CONSTRUCTION, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

 

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            WHEREAS, the City of Bunker Hill Village, Texas recognizes that homes within the City may be reconstructed or remodeled; and

            WHEREAS, the City of Bunker Hill Village, Texas desires to change its regulations concerning the application of slab elevation requirements to rebuilding, repair, or modification of currently existing residential structures; and

            WHEREAS, the City of Bunker Hill Village, Texas finds it to be in the best interest of the health, safety, and welfare of its citizens to amend the regulations contained in its flood damage prevention ordinance as indicated herein; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUNKER HILL VILLAGE, TEXAS:

            Section 1.        The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are hereby adopted, ratified, and confirmed.

            Section 2.        The Code of Ordinances of the City of Bunker Hill Village, Texas, is hereby amended by amending the language in Subsection (3) of Section 7-71, Standards Applicable to All Residential Construction, of Article IV, Flood Hazard Reduction, Chapter 7, Flood Damage Prevention, by deleting the language which is struck-through and adding the language which is underscored to read as follows

“Sec. 7-71.  Standards applicable to all residential construction.

(3)             No concrete slab floor elevation shall be less than twelve (12) inches above the top of the nearest sanitary sewer manhole, nor less than twelve (12) inches above either 1) the crown of the street nearest thereto, if the street has curbs and gutters, or 2) the top of the nearest drainage inlet, if the street does not have curbs and gutters, whichever, is the higher elevation in the discretion of the Building Official, better serves to further the purposes of this chapter.  The standards prescribed in this subsection (3) shall be applied:

a.       for all new residential construction within the City; and

b.      when the cost of the rebuilding, repair, or modification of the structure exceeds fifty percent (50%) of the value of the structure.  For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the City for the last three years based on certified values from the Harris County Appraisal District; and

c.       when the repair or modification of an existing structure involves structural modifications, including wall or ceiling board replacement, in rooms constituting more than fifty percent (50%) of the climate controlled square footage of the structure;

 

The requirements of this subsection (3) shall not apply: (1) to situations where the wall board replacement is for the lowest forty-eight inches (48”) of the first floor of the structure within 60 days of a verifiable water damage event, or (2) except in the case of new construction, when the property owner executes and returns to the City the nonconforming slab certificate in the manner and form prescribed by the Building Official.”

 

            Section 3.        The Code of Ordinances is hereby further amended by deleting from Chapter 10, Offenses and Miscellaneous Provisions, Division VI, Preservation of Trees, Section 101, Definitions, thereof to delete the language which is struck through as follows:

“Section 10-101.         Definitions.

            . . . . . . . . . . . . .

            New home construction shall mean the construction of a new main structure, or the remodeling or modification of an existing main structure that results in an increase in valuation of the structure by fifty (50) percent or more. For the purposes of determining the value of a structure prior to being remodeled or modified, the appraised value of the structure as set forth in the most recent Harris County Appraisal District appraisal role shall be prima facie evidence of such structure's value. For the purposes of determining the increase in value of a structure being remodeled or modified, the increase of value shall be the greater of (i) the project value submitted on the permit application, or (ii) the current city per square foot valuation formula for permitting purposes. Provided further, in determining the increase in value of a structure being remodeled or modified, sequential projects shall not be permitted to avoid compliance with the provisions of this article. Therefore, the fifty (50) percent increase in valuation benchmark shall be cumulative of all remodeling or modification work to the structure within any consecutive twenty-four (24) month period.

 

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            Section 4.        Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00.  Each day of violation shall constitute a separate offense.

Section 5.        In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Bunker Hill Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

            Section 6.        All ordinances or parts of ordinances inconsistent or in conflict herewith, are, to the extent of such inconsistency or conflict, hereby repealed.

            PASSED, APPROVED, AND ADOPTED this _____ day of _____________ 2010.

 

 

 

                                                                                                                                               

                                                                        Derry Essary

                                                                        Mayor

 

 

 

ATTEST:

 

 

 

                                                                       

Kelly Johnson

City Secretary

 

 

 

March 2015

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