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Ordinance 2001-04 ORDINANCE NO. !J.CO 1- 04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 2000 EDmON OF THE UNIFORM MECHANICAL CODE, AND REPEALING WYLIE ORDINANCE NOS. 93-23 AND 88-32; 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 the City of Wylie, Texas ("Wylie") to adopt the 2000 Edition of the Uniform Mechanical Code and to repeal Wylie Ordinance Nos. 93-23 and 88-32; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 2000 Edition of the Uniform Mechanical Code and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findin2s Incomorated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adootion of the 2000 Uniform Mechanical Code. The Uniform Mechanical Code, 2000 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials is hereby adopted as the mechanical code for Wylie. One (1) copy of the 2000 Uniform Mechanical Code is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Mechanical Code, 2000 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials. SECTION 3: Amendment to Wvlie Ordinance No. 84-11. Section 1-1 of Wylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building- Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code Ordinance No. dC()( -O,!- Page 2 for Building Conservation as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. SECTION 4: Penaltv Provision. Any person, firm, corporation or business 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 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 NOIlOO 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 5: Savin2sIReoealin2 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 portions of said ordinances shall remain in full force and effect. SECTION 6: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. P~~ED AND APPROVED by the City Council of the City of Wylie, Texas this ,2J Gr1lJe1MM /' , 2001. ~aY:::O~T:! day ATTEST: ~'.. '\., ....>...',..~ . CJ('/ g=c::=c i..i ._ ,.... "',i-",. G.%'. I....... GO "J ~oi';~'J~ -1/,,,' ,;.>"'j.~..,.....< '9;;:.,., r L I r.: "'; \::.' ~"4':~:~j':/.".. ;l.....,:." ,,:. .'" ~. APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S) OF PUBUCATION: /hrJautJ g I. 1/aJl_ / OrdinanceNo. ~1-04 Page 3 THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the surrounding arca 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN 972.442.5515 Fax 972.442.4318 Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 28/L Legal - Ord. 2001-04 was published in said newspaper on the following dates, to-wit: March 21 , 2001, and , 2001. ~ Chad Engbrock Subscribed and sworn to before me this the 31 to certify which witness my hand and seal of office. day of March KATHLEEN S. N~BLE Notary Public State Of Texas My Comm. Exp. 03-03-2004 , 200 I , Notary Public in and for The State of Texas My Commission Expires Serving Wideawake ll)ilie Since 1947 r ---O-RDlNANCI:<: NU. 2001-04 AN ORDlNANCE OF THE CITY OF WYLIE, TEXAS. ADOPTING THE 2000 EDITION OF THE UNIFORM MECHANICAL CODE, AND REPEALING WYLIE ORDINANCE. NOS. 93-23 AND 88-32; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING FOR REPEALING. SAVINGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HERE- OF. - John Mondy. Mayor Attest: Barbara Salinas i City Secretary 43- \.t-339: -=:;;-