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OR 95-726 Final inspection prior to application of final plaster & swimming pool fill AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 95726 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BYAMENDING CHAPTER 15, ARTICLE 15-1-2 (23) BY AMENDING APPENDIX CHAPTER 4, DMSION I OF THE UNIFORM BUILDING CODE 1994 EDITION, SECTION 421.5 TO REQUIRE PASSAGE OF FINAL INSPECTION PRIOR TO APPLICATION OF FINAL PLASTER AND POOL FILL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HLrNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT, HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the same is hereby amended by amending Article 15-1-2 (23) in part, by amending Appendix Chapter 4, Division I of the Uniform Building Code, 1994 Edition, Section 421.5 to read as follows: "FAILURE TO SECURE FINAL INSPECTION UNLAWFUL Sec. 421.5 All pools constructed within the corporate limits of this city must pass final inspection by the building inspection department prior to application of final plaster and the pool being filled with water. Failure to pass final inspection shall be unlawful and will be grounds for suspension of additional permit issuance for further pool construction." 1 AGG07890 SECTION 2. That all ordinances and provisions of the Code of Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm, or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall 2 Aa~oTago constitute a new and separate offense. SECTION 6. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ' day of .'~' .,, ,. f, ," , 1995. APPROVED: ) ',_r:;~ ~ ~ ~ TOM MORTON, MAYOR ATI'EST: / LISNDA GRAU, CITY SECRETARY APPROVED AS TO FORM: p~R~G. S~,M~~CI~ATFORNEy (PGS/ct 11/6/95) 3 AGG07890