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HomeMy WebLinkAboutOrdinance No. E2017-28 (Title: An emergency ordinance of the City of Friendswood suspending or modifying certain ordinances and regulations, requiring registration and licensing of providers of building and repair services in connection with damages resulting from Tropical Storm/Hurricane Harvey as an emergency measure.) ORDINANCE NO. E2017-28 AN ORDINANCE PROVIDING FOR THE SUSPENSION OR MODIFICATION OF CERTAIN ORDINANCES AND REGULATIONS AS AN EMERGENCY MEASURE IN RESPONSE TO A STATE OF DISASTER DUE TO TROPICAL STORM/HURRICANE HARVEY; REQUIRING REGISTRATION AND LICENSING OF PROVIDERS OF BUILDING AND REPAIR SERVICES; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 PER DAY OF VIOLATION HEREOF; DECLARING AN EMERGENCY AND PROVIDING FOR SEVERABILITY AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION. WHEREAS, on August 24, 2017, the Mayor declared a local state of disaster for the City of Friendswood resulting from: Tropical Storm/Hurricane Harvey, and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Executive Order of the Governor Resulting to Emergency Management; and WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1: That the following shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated: SUSPENSION AND MODIFICATION OF ORDINANCES (a) The following ordinances and regulations are hereby suspended or modified as indicated: 1. Permit fees imposed by Chapter 14, Buildings and Building Regulations that directly pertain to construction repairs related to Tropical Storm/Hurricane Harvey are suspended, including, but not limited to: Electrical permit fees, Inspection fees, Plumbing permit fees,Mechanical permit fees, Gas permit fees, Building permit fees 2. All ordinances or regulations prohibiting or restricting travel trailers, motor homes and temporary buildings, including but not limited to: section 50-20 and Appendix C (Zoning Ordinance), are suspended or modified to allow the minimal use of same while the property owner is without electric power, or is making construction repairs related to Tropical Storm/Hurricane Harvey, provided the property owner is taking diligent steps to make said repairs. (b) The suspension or modifications of the ordinances and regulations listed in Subsection (a) shall remain in effect until the date of disaster is terminated, unless sooner terminated by the Mayor or City Council. These regulations shall have the effect of ordinances when duly filed with the City Secretary. Section 2. No person, firm, partnership, corporation or other entity shall engage in, undertake or carry on any business in whole or in part within the corporate limits of the City of Friendswood, Texas, consisting of or related to the demolition, repair or renovation of, or the making of improvements to, real property, including dwellings, homes, buildings, structures, or any fixtures attached thereto, without having registered with and received from the City of Friendswood a building contractors license. Section 3. Definitions. For purposes of this ordinance, the following terms and meanings shall have the meanings ascribed thereto: (1) Building Contractor. Any person, firm, partnership, corporation or other entity engaged in, undertaking, or carrying on any business consisting of or related to the demolition, repair, or renovation of any building or structure, including any fixtures attached thereto. (2) Doing business. Any building contractor shall be deemed to be "doing business" or engaged in business and thus subject to the requirements of this ordinance if he has an office, agency, project site or place of business located within the corporate limits of the City of Friendswood, or when he operates or maintains a business, either temporary, periodically, or Ord.E2017-28 2 otherwise, in the city, expressly including but not limited to the demolition, repair, or renovation of any building or structure, including any fixtures attached thereto. Section 4. It shall be unlawful for any building contractors to do business in the City of Friendswood without having first registered with the City and received a building contractors license. Registrants/applicants shall register and file applications with the City Manager or his designee at City Hall. Such registration/application form shall include the name of the building contractor, the principal office address (not a P.O. box), the name, address, and phone number(s) of an individual who will be available to respond to questions or complaints, proof of comprehensive general liability insurance with minimum limits of$300,000 per occurrence, and such other information as the City Manager deems necessary and appropriate for the proper identification and location of such applicant/registrant. Required policies of insurance shall be issued by a carrier duly authorized to write such coverage in Texas, and must also contain a completed operations endorsement. An applicant shall, under oath, provide the City Manager with a statement describing the general nature of the business to be conducted and give true and correct information as may be called for on the registration form, application or certificate provided by the City. Contractors who are already registered with the City shall only be required to provide proof of insurance as described herein, and are not required to submit a new form or registration fee. Section 5. Building contractor license fees are hereby waived. Section 6. Each license issued pursuant hereto shall be personal to the applicant/registrant, and may not be transferred to any other building contractor. Section 7. A true and correct copy of each license issued hereunder shall be carried by every person operating pursuant to such licensee within the City, and shall be exhibited to any authorized enforcement officer when so requested. Section 8. Each license granted under this ordinance is a permit to engage in the business for which such license is granted while and only during such period said business is conducted in a lawful manner. The City hereby reserves the right to revoke or suspend any license which has been granted hereunder, if the licensee, or the licensee's agent or employee acting within the scope of his employment, violates this ordinance or any other city, state, or federal law. If after issuance of a license, the City Manager receives evidence that such business is not being conducted in a lawful manner, he shall, prior to revocation of such license, give Ord.E2017-28 3 written notice thereof to the licensee, which notice shall specify the violation with which the licensee is charged and a date, time and place at which a hearing before the City Manager shall be held with regard to the violation. The licensee shall have an opportunity to be heard at such hearing, shall have the right to be represented by counsel, and shall have the right to introduce and submit evidence in opposition to such revocation. Section 9. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section 10. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 11. In the event any clause,phrase,provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council'of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. Section 12. The City Council of Friendswood hereby declares that a state of emergency exists, and that in accordance with §3.11(b) and 3.12 of the City Charter, this ordinance is passed as an emergency ordinance, and shall take effect immediately upon passage. PASSED, APPROVED AND ADOPTED on first and final reading this 31St day of August,2017. Kevin olland Mayor ATTEST: •••'" .•OF FRI�j�'•. .•�7' Melin da Welsh, TRMC ; City Secretary •NSA •�'•FOF TEy'P'`. Ord.E2017-28 •• •'''