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1972-040~ ORDINANCE AMENDING CtL%PTER FIVE, ARTICLE II, SECTION 5-14 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEX~S, PRO- VIDING FOR TWO ALTERNATE MEMBERS OF THE BUILDING CODE BOARD, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I A That the Code of Ordinances of the City of Denton, Texas, is hereby amended and changed in the following particu- lars B Chapter Five, Article II, Section 5-14 Subsection (f) is hereby amended to read as follows "(f) Volume I, Section 204 zs deleted and amended to read as follows (a) Buzldlng Code Board - Creation There ls hereby created a Building Code Board consisting of five (5) members, each to be appointed by the C~ty Council for a term of two (2) years, and removable for cause by said Council after publlc hearing Initially, however, all five (5) members shall be appointed for a term to expzre colncldently with other city boards, to serve untzl their successors are appointed To the extent that persons are avallable within the C~ty, said board shall consist of one (1) general contractor, one (1) architect, one (1) engineer, and two (2) addltzonal members, who shall all reside within the City Provzded, however, that the City Council may appolnt two (2) alternate members of the Building Code Board who shall serve ~n the absence of one or more of the regular mem- bers when requested to do so by the C~ty Manager, as the case may be, so that all cases to be heard by the Building Code Board will always be heard by a mlnlmum number of four (4) members The alternate members, when appointed, shall serve for the same per~od as the regular members, whlch zs for a term of two (2) years and any vacancy shall be filled In the same manner and they shall be subject to removal the same as the regular members The Czty Councll may appolnt ex offlclo members to this board, to have a voice in all matters before it, but who shall have no vote The Chief Building Official shall be an ex officio member of the board (b) Procedure and Powers The Board shall adopt rules to govern its proceedings provided that same are consistent with the Code of the City of Denton and Statutes of the State of Texas The Building Code Board shall have the same powers and duties on matters concerning Chapter Five of the Code of Ordinances as the Board of Adjustment has on matters concerning, and arising from, the Zoning Ordinance, including the following (a) Elect a chairman, who may administer oaths, and compel the attendance of witnesses, (b) Hear and determine, by a four-fifths (4/5) vote of the members, appeals from any decision of the Chief Building Official made pursuant to Chapter Five other than Article IV after proper notice has been given, (c) By a four-fifths (4/5) vote of the members, grant variances to any provision of Chapter Five, other than Article IV, subject to appropriate conditions and safeguards, and after a determination by the Board that a hardship exists which would be cured by the particular variance sought, (d) Maintain jurisdiction of questions involving Article IV of said Chapter as authorized therein" PART II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining port~ons despite any such invalidity PART III That this ordinance shall become effective immediately upon · ts passage PASSED AND APPROVED this the 22nd day of August, A D 1972 CITY OF DENTON, TEXAS ATTEST APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS