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Ordinance 2001-08 ORDINANCE NO. -1lfXJ 1- O~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR BUILDING CONSERVATION; 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 1997 Edition of the Uniform Code for Building Conservation; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 1997 Edition of the Uniform Code for Building Conservation 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 Incoroorated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adootion of the 1997 Uniform Code for Buildin2 Conservation. The Uniform Code for Building Conservation, 1997 edition, published by the International Conference of Building Officials is hereby adopted as the building conservation code for Wylie, encouraging the continued use or reuse of legally existing structures and buildings. One (1) copy of the 1997 Uniform Code for Building Conservation is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Code for Building Conservation, 1997 Edition, copyrighted by the International Conference of Building 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. a(()l-D 8 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: Penalty 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 NO/lOO 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: Savines/Reoealine 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: Severability. 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. ~)PR~~~ by the City Council of the City of WylIe, Texas this '-3 (~k ~L~iJ- Joel/Scott, Mayor Pro Tern day ATTEST: ". "'., ',f" ../ .;>.". """="""''Z ";'>:.,., i ,"~'f f~, )": " '-.-.-.---... : : ~"'\ .J ~{;':~~;~/V:' tt[~.:^~./' , Ordinance No. r9/:1O~ -fYZ Page 3 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S) OF PUBUCATION: /'~ ~( / 1~\ THE WYLIE NEWS Covering Wylie, Sachse, Mnrphy and the surrounding area 110 N. Ballard St. P.O. Box 369 Wylie. Texas 75098 STATE OF TEXAS COUNTY OF COLLIN 972.442.55] 5 Fax 972.442.43] 8 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 25/L - Legal - Ord, 2001-08 was published in said newspaper on the following dates, to-wit: March 21 , 2001, and , 200 I. ~ Subscribed and sworn to before me this the 31 to certify which witness my hand and seal of office. day of March Notary Public in and for The State of Texas ""2J My Commission Expires 213 Serving Wideawake "ylie Since 1947 , 200 I , ORDINANCE NO. 2001-08 AN ORDlNANCE OF II-E CITY OF WYLIE. TEXAS, ADOPTING THE 1997 EDITION OF TFIE UNIFORM CODE FOR BUILDING CON- SERVATION; PROVID- ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE: PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES: PROVlDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE: AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TION HEREOF John Mondy. ~layor Attest: Barbara Saiinas Citv Secretary 43-1 t-339