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Ordinance 2012-31ORDINANCE NO. 2012 -31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001 -08, SAVE AND EXCEPT THE AMENDMENT TO ORDINANCE NO. 84 -11, AND ADOPTING THE 2012 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie, Texas ( "Wylie ") to repeal Wylie Ordinance No. 2001 -08, save and except the amendment to Ordinance No. 84 -11 regarding the Construction Code Board; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2012 Edition of the International Existing Building Code, save and except the deletions and/or amendments set forth below (the "2012 International Existing Building Code "). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001 -08 Repealed Save and Except the Amendment to Ordinance No. 84 -11. Ordinance No. 2001 -08 is repealed in its entirety, save and except the amendment to Ordinance No. 84 -11, and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2001 -08 shall be repealed. Such repeal shall not abate any pending prosecution and /or lawsuit or prevent any prosecution and /or lawsuit from being commenced for any violation of Ordinance No. 2001 -08 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2012 International Existing Building Code. The International Existing Building Code, copyrighted by the International Code Council, Inc., attached hereto and incorporated herein for all purposes, is hereby adopted as the Existing Building Code, prescribing regulations applicable to residential and non - residential buildings and existing premises in the city, except in the Downtown Historical District where the currently adopted Zoning Ordinance and amendments may take precedence over the 2012 International Existing Building Code. The 2012 International Existing Building Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2012 International Existing Building Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2012 International Existing Building Code. Ordinance No. 2012 -31 Repealing Ordinance 2001 -08 and Adopting the 2012 Edition of the International Existing Building Code Page 1 615712.v1 SECTION 4: Savings /Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of an "existing" building code is hereby amended to refer to the 2012 International Existing Building Code as it is adopted herein or may be subsequently amended. SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED AND NO /100 DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7: Effective Date. This Ordinance shall be published as required by the City Charter and by law, and shall become effective on February 1, 2013. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of September, 2012. ATTEST: Car e Ehrlich, y Secretary Date(s) of Publication: October 3, 2012 in the Wylie News Ordinance No. 2012 -31 Repealing Ordinance 2001 -08 and Adopting the 2012 Edition of the International Existing Building Code Page 2 6is712.vl Eric Hogue, Ma r OF TV >, kZ42; oP iesl' Dii, 1 t fal111rolidiv )wrr,; • klurph% Monilos + I Ire Princeton I lerald ,,. Ncws • THE WYLIF NEWS C&S. STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances was published in said newspaper on the following dates, to -wit: October 3, 2012 apt---- 'V Chad Engbrock, Publisher 2 Subscribed and sworn before me on this, the J day of 2012 to certify which witness my hand and seal of office. KIESNA Q. HILL Notary P,L,i c, State of Texas Notary Public in and for My Gomh n Expires State of Texas March 21 21, 2013 My commission expires k9i.i," S' ii," V "'Ii, 0i 10% t3.Jlmt I•i "+ }i<,x:'W) >'A)Iw [.A? €)�)S•�+ 1t ^- »15•t,t�`)? i.) ", -6,i5 fi) l f3oe '+i 2 « (.r3)ncrsJlt_ Va -', t-i'_ • y7? 78- 1 - (� =)'° ORDINANCE NO. 2012-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -17; ADOPT ING THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE FOR COMMER- CIAL BUILDINGS, SAVE AND EX- CEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HEREIN; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012 -31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2001 -08, SAVE AND EXCEPT THE AMEND- MENT TO ORDI- NANCE NO. 84 -11, AND ADOPTING THE 2012 EDI- TION OF THE IN- TERNATIONAL EXISTING BUILD- ING CODE; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. 2C October 3 - 4, 2012 ORDINANCE NO. 2012 -32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -13; ADOPT- ING THE 2009 EDITION OF THE INTERNATIONAL ENERGY CONSER- VATION CODE, SAVE AND EX- CEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012 -33 AN ORDINANCE OF THE CITY OF WYLIE, TEX- AS, REPEALING ORDINANCE NO. 2009 -37; ADOPTING THE 2012 EDITION OF THE INTER- NATIONAL FIRE CODE, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE V TION OF lMs ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR PUBLIC N OF THIS - ON HE ORDINANCE NO. 2012 -34 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -14; ADOPT- ING THE 2012 EDITION OF THE INTERNATIONAL FUEL GAS CODE, SAVE AND EX- CEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE - PUBLICA- TION OF THE CAP- TION HEREOF.