OR 89-440 Creates a Code Advisory & Appeals Board AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO 89440.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS CREATING A CODE
ADVISORY AND APPEALS BOARD FOR THE CITY OF COPPELL, TEXAS, AND
AMENDING ARTICLES 15-1, 15-2, 15-3, 15-4, 15-5 AND 15-6 OF CHAPTER
15 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE 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 THAT GOVERNS FIRE
SAFETY, ZONING, PUBLIC HEALTH AND SANITATION OR DUMPING OF REFUSE
AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER
ABATEMENT ACT, ARTICLE 4477-9a, VERNON'S ANNOTATED CIVIL STATUTES,
AS AMENDED, 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. Amending Article 15-6 Chapter 15 of the City
Code of Ordinances.
Chapter 15 of the Code of Ordinances of the City of Coppell
is hereby amended by adding a new Article 15-6 as follows:
Adopting Code Advisory and Appeals Board - 1
"ARTICLE 15-6 CODE ADVISORY AND APPEALS BOARD
Section 15-6-1 Creation of Board.
A. There is hereby created a board to be known as
the construction advisory and appeals board,
consisting of seven members as follows:
(1) Interested citizen
(2) Master electrician or electrical
contractor
(3) Master plumber or plumbing contractor
(4) Licensed mechanical (HVAC) contractor
(5) Home builder
(6) General contractor
(7) Licensed architect or engineer
B. The following will serve as non-voting ex-
officio members:
(1) Fire Marshal
(2) Representative from T.U. Electric
(3) Representative from Texas-New Mexico Power
(4) Representative from Lone Star Gas
C. Scope and authority of the board.
(1) The board shall hear and decide appeals
of orders, decisions or determinations
made by the building official relative to
the application and interpretation of
building, electrical, plumbing and
mechanical codes, and shall receive and
file applications for electrical licenses
and notify applicants of the time and
place of electrical examinations and the
results thereof. The board shall also
hear and decide appeals of orders,
decisions or determinations made by the
fire marshal relative to the application
and interpretation of the fire code.
Appeals shall be taken within fifteen
calendar days time after the decision has
been rendered by the city official, by
filing with that officer and the board a
notice of appeal specifying the grounds
thereof accompanied by the required filing
fee, A person aggrieved by a decision of
a board may present to a district court
of Dallas County a petition, duly
verified, setting forth that such decision
Adopting Code Advisory and Appeals Board - 2
is illegal, in whole or in part,
specifying the grounds of illegality.
Such petition shall be presented to the
court within thirty days after the filing
of the decision in the office of the
board. The suit shall be filed against
the board as defendant and service of
process may be made upon the board by
serving the city secretary.
(2) The board shall advise the City Council
on items regarding the City's building,
plumbing, electrical, mechanical and fire
codes.
D. Appointment. Members of the board shall be
appointed by the city council as qualified by
City Charter. The chairman and vice-chairman
will be selected by the members of the board
each October.
E. Terms of members. Each member of the Code
Advisory and Appeals Board shall serve for two
(2) years, except for three (3) of the initial
members appointed whose terms shall be for one
year and whose replacements shall be for two
(2) years.
F. Meetings. The Board shall hold meetings as
shall be called by the Chairman, or upon
written request of at least one (1) member of
the Board or at the request of the City
Council.
G. Quorum. Four members constitute a quorum. A
concurring vote of four members of the board
shall be necessary to render a decision in
favor of an appellant.
H. Secretary. The building official or his
authorized representative shall serve as the
secretary of the board, but shall not be a
member thereof. The secretary shall keep a
record of the activities and actions of the
board and its determinations, receive and file
applications, notify the applicants of date and
time of hearing and perform such other duties
as are consistent with or may be necessary for
the enforcement of this chapter, as required
by the board."
Adopting Code Advisory and Appeals Board - 3
I. Fees for Appeals. Before any appeal can be
considered by the Code Advisory and Appeals
Board, a fifty dollar ($50.00) filing fee must
be paid by the applicant to cover
administrative costs.
Section 2. Amending Article 15-1 of Chapter 15 of the
Code of Ordinances.
Section 15-1-2 of Article 15-1 of Chapter 15 of the Code of
Ordinances of the City of Coppell is hereby amended by adding the
following sub paragraph "G" as follows:
"G. Code Advisory and Appeals Board. Board of
Appeals, as that term is used in the Uniform
Building Code, shall mean the Code Advisory and
Appeals Board."
Section 3. AmendingArticle 15-2 of Chapter 15 of the Code
of Ordinances.
Section 15-2-2 of Article 15-2 of Chapter 15 of the Code of
Ordinances of the City of Coppell is hereby amended by adding the
following sub paragraph "A" as follows:
"A. Code Advisory and Appeals Board. Electrical
examining, Advisory and Appeals Board, as that
term is used in the City of Coppell Electrical
Ordinance, shall mean the Code Advisory and
Appeals Board."
Section 4. AmendingArticle 15-3 of Chapter 15 of the Code
of Ordinances.
Section 15-3-2 of Article 15-3 of Chapter 15 of the Code of
Ordinances of the City of Coppell is hereby amended by adding the
following sub paragraph "A" as follows:
"A. Code Advisory and Appeals Board. Board of
Appeals, as that term is used in the Uniform
Mechanical Code, shall mean the Code Advisory
and Appeals Board."
Section 5. AmendingArticle 15-4 of Chapter 15 of the Code
of Ordinances.
Section 15-4-2 of Article 15-4 of Chapter 15 of the Code of
Ordinances of the City of Coppell is hereby amended by adding the
following sub paragraph "A" as follows:
Adopting Code Advisory and Appeals Board - 4
"A. Code Advisory and Appeals Board. Board of
Appeals, as used in the Uniform Plumbing Code,
shall mean the Code Advisory and Appeals
Board."
Section 6. Amending Article 15-5 of Chapter 15 of the Code
of Ordinances.
Section 15-5-2 of Article 15-5 of Chapter 15 of the Code of
Ordinances of the City of Coppell is hereby amended by adding the
following sub paragraph "A" as follows:
ARTICLE 15-5 FIRE CODE
"A. Code Advisory and Appeals Board. Board of
Appeals, as that term is used in the Uniform
Fire Code, shall mean the Code Advisory and
Appeals Board."
Section 7. SAVINGS CLAUSE.
Chapter 15 of the Code of Ordinances of the City of Coppell
shall remain in full force and effect, save and except as amended
by this ordinance.
Section 8. REPEALING CLAUSE.
All parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
Section 9. SEVERABILITY CLAUSE.
If any article, paragraph or subdivision, clause or provision
of this ordinance shall be judged invalid or held unconstitutional,
the same shall not affect the validity of this ordinance as a whole
or any part or provision thereof, other than the part so decided
to be invalid or unconstitutional.
Section 10. PENALTY CLAUSE.
Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction, shall be punished by a penalty
of 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
Adopting Code Advisory and Appeals Board - 5
state law, and for any offense which is a violation of any
provision that governs fire safety, zoning, public health and
sanitation or dumping of refuse as that term is defined by Section
2.09 of the Texas Litter Abatement Act, Article 4477-9a, Vernon's
Annotated Civil Statutes, as amended, 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
constitute a new and separate offense.
Section 11. EFFECTIVE DATE.
This ordinance shall take effect on October 1, 1989, after
publication of its caption as the law in such cases provides.
DULY PASSED AND ADOPTED by the City Council of the City of
Coppell, Texas this the 13th day of June , 1989.
APPROVED:
MARK WOLFE, MAYOR
ATTEST:
DOROTHY TIMMONS
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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