2010-133
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ORDINANCE NO. 2010-133
AN ORDINANCE AMENDING SECTION 25-10(B) "OWNER OR OCCUPANT TO PLACE
HOUSE NUMBERS" OF CHAPTER 25 "STREETS, SIDEWALKS, AND PUBLIC PLACES"
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; REPEALING ARTICLE X
"CONSTRUCTION ADVISORY AND APPEALS BOARD" OF CHAPTER 28 "BUILDINGS
AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON; CREATING A NEW ARTICLE X "HEALTH AND BUILDING STANDARDS
COMMISSION" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Section 25-10(b) "Owner or occupant to place house numbers" of the Code
of Ordinances is hereby amended to read as follows:
b. The house numbers shall conform to the requirements of Section 17-153(b).
SECTION 2. Article X "Construction Advisory and Appeals Board" of Chapter 28 of the
Code of Ordinances is hereby repealed in its entirety, and replaced by a new Article X "Health
and Building Standards Commission" of Chapter 2 of the Code of Ordinances of the City of
Denton, to read as follows:
Sec. 2-260. Purpose.
In order to hear and decide appeals of orders, decisions or determinations made by the
building official, code official, or fire marshal relative to the application and interpretation of the
requirements of this Code and all other applicable codes of the City of Denton, there shall be a
Health and Building Standards Commission. The Commission shall also hear any other matters
that are appealable pursuant to chapters 13, 14, 17, 28, and 29 of the Code of Ordinances of the
City of Denton, Texas.
Sec. 2-261. Created.
The Health and Building Standards Commission consists of seven members, each to be
appointed by the city council for a term of two years, commencing July 1 of the year appointed.
A member may be removed for cause by the Council after a public hearing. All seven members
shall serve until their successors are appointed. To the extent that persons are available within
the city, the Commission shall consist of one general contractor, one architect or engineer, one
person from the plumbing industry, one person from the electrical industry, two individuals who
are associated with the construction, development or real estate industry, and an additional
member. All cases shall be heard by a minimum of four members except for when consideration
of variances as described in section 2-262(a)(3) are involved, such cases shall be heard by a
minimum of six members. The building official shall be an ex officio member to this
Commission and shall act as secretary to said Commission but shall have no vote on any matter
before the Commission.
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Ex officio members for fire cases. In cases involving the International Fire Code, the fire
marshal, or his or her designee, shall be an ex officio member to this Commission, but shall have
no vote on any matter before the Commission.
Alternate members. The City Council shall appoint two or more alternate members who
shall be called by the Commission chairman to hear appeals during the absence or
disqualification of a member. Alternate members shall possess the qualifications required for
Commission membership.
Sec. 2-262. Procedures and powers.
(a) The Health and Building Standards Commission shall adopt rules to govern its
proceedings, provided the rules are consistent with all adopted codes and statutes of the state.
The Commission shall:
(1) - Elect a chairperson, who may administer oaths and compel the attendance
of witnesses.
(2) Elect a vice chairperson, who will chair in the absence of the chairperson.
(3) Hear and determine, by a majority vote of the members, appeals from any
decision of the building official, code official, or fire marshal made
pursuant to chapters 13, 14, 17, 28 and chapter 29 of the Code of
Ordinances of the City of Denton, Texas after proper notice has been
given.
(4) The concurring vote of seventy-five (75) percent of the members of the
Commission is necessary to grant variances to any provisions of chapters
13, 14, 28, and 29 of the Code of Ordinances, subject to appropriate
safeguards, and after a determination by the Commission that a hardship
exists which would be cured by the particular variance sought.
(5) Maintain jurisdiction of questions involving article XIII of chapter 17 of
the Code of Ordinances, as authorized therein.
(b) The powers of the Commission are hereby extended so as to authorize the
Commission to make reasonable interpretations or rulings in matters properly before it pursuant
to section 2-460. An application for appeal shall be based on a claim that the true intent of the
Code of Ordinances or the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or an equally good or better form of construction is
proposed. The Commission shall have no authority to waive requirements of the Code of
Ordinances of the City of Denton, other than the limited authority to grant variances as provided
in this Section.
(c) The appeal procedure shall be as follows:
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(1) Any person aggrieved by a decision of the building official, code official,
or fire marshal under this chapter may appeal such decision or order to the
Health and Building Standards Commission. Every appeal shall be filed in
writing within 10 days from the date of the decision or order appealed
from and shall be filed with the building official. Such notice shall
contain appropriate reference to the decision or order appealed from, as
well as the grounds of the appeal. It shall be the duty of the building
official to notify the chairman of the Health and Building Standards
Commission and the proper code official.
(2) The amount of the fees for appeals shall be set by the city council by
separate ordinance and shall be on file in the office of the building official
and the city secretary.
(3) The building official shall transmit to the Commission all relevant records
and data upon which the appeal was taken.
(4) An appeal shall stay all proceedings in connection with the decision or
order appealed from, unless and until the building official certifies to the
Commission, after notice of appeal has been filed, that a stay would cause
hazard to life or property. In such case, proceedings pursuant to the
decision or order of the building official shall not be stayed except by
order of the Commission or by a restraining order issued by a court of
competent jurisdiction.
(5) The Commission shall fix a reasonable time for the hearing of an appeal,
giving notice in writing to the parties in interest, and shall reach its
decision within three days from the close of the hearing. The appellant
may appear before the Commission in person, by agent or by attorney and
may present material witnesses. The Commission may require additional
data and tests necessary for adequate decision of the appeal and may
continue the hearing therefor.
(6) The Commission shall have the power in all cases appealed to it from
decisions or orders of the building official to reverse or affirm or modify,
in whole or in part, the decision or order appealed from. No decision of the
Commission shall vary or be inconsistent with the terms or provisions of
this article.
(d) It shall be the duty of the Commission to make an annual review of the provisions of
this chapter and to recommend any necessary changes and/or improvements to the city council.
This review shall include consideration of suggestions from contractors and the public at large,
which may be obtained by means of open hearings as well as through regular channels.
(e) That any and all references to the building code board, electrical code board, and
plumbing and mechanical code board as may be found in the Code of Ordinances, City of
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Denton. Texas shall hereinafter be construed to mean the Health and Building Standards
Commission for all purposes.
SECTION 3. 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 portions despite any invalidity.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the day of , 2010.
MARK A. BURROUGHS; MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: s
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