ORD 1044 01/08/2013 aa1`a *SlUN C 80
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"City of choice"
Ordinance Number 1044
AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF
CIBOLO'S CODE OF ORDINANCES; PROVIDING LEGISLATIVE
FINDINGS IN SUPPORT THEREOF; PROVIDING FOR
SEVERABILITY, THE REPEAL OF CONFLICTING ORDINANCES
AND REGULATIONS AND AN EFFECTIVE DATE
WHEREAS, the City of Cibolo is authorized by section 54.004 of the Local Government Code
to adopt and enforce ordinances necessary to protect health, life, and property and to preserve the
good government, order and security of the municipality and its inhabitants; and
WHEREAS, the City is also authorized by section 54.001 of the Local Government Code to
impose fines for the violation of these ordinances of up to $2,000 if the ordinances govern fire
safety, zoning, or public health and sanitation; and
WHEREAS, the City's Code of Ordinances currently includes regulations governing building
construction standards and related requirements of builders seeking to construct residential and
other types of structures in the City of Cibolo and these regulations collectively apply to and are
set forth in the specified editions of the International Building Code, National Electrical Code,
Uniform Plumbing Code, International Residential Code, International Energy Conservation
Code, International Property Maintenance Code, International Existing Building Code,
International Fire Code, and International Mechanical Code, all of which have been duly adopted
as the official construction related codes of the City of Cibolo; and
WHEREAS,the City Council of the City of Cibolo has determined that it is in the best interest of
the citizens of the City of Cibolo to amend the City's Code of Ordinances' regulations that
govern the enforcement of the provisions of the adopted codes in order to provide greater
protections for homebuyers and others who purchase residences and other properties within the
City; and
WHEREAS, the City Council finds that specifically it is necessary to require builders of any and
all structures in the City to provide truthful, accurate, and complete details of construction
specifications evidencing compliance with all applicable regulations contained in the City's
Code of Ordinances, including the codes adopted therein, on all forms submitted to the City in
connection with applications for the issuance of permits and licenses by the City since the failure
to provide such information can result in faulty construction of structures, sub-terrain
infrastructure and foundations; and
WHEREAS, the City Council finds that any false, inaccurate, misleading or fraudulent
information of construction related details provided by builders could result in dangerous
structural conditions on the property, could jeopardize the integrity of electrical and plumbing
systems and cause the development and existence of mold and other conditions that are
hazardous to public health, safety and sanitation; and
WHEREAS, the citizens of the City of Cibolo expect that when purchasing residential or any
other type of improved real property that the City will have in place and enforce all laws and
local regulations designed to ensure the safety of all such structures and property that are to be
permitted and constructed within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
I.
CHAPTER 14 OF THE CODE OF ORDINANCES AMENDED
SECTION 1. Chapter 14 of the Code of Ordinances is hereby amended as follows:
Sec. 14-5.—Penalties for violation.
(b) Persons who shall violate any provision under this chapter, or shall fail to comply
with any of the requirements thereof, who shall provide false, misleading or fraudulent
information in an application for a permit issued under this Chapter or in any document
relating or attached thereto, or who shall fail to comply with the directive of the city
official charged with the responsibility of enforcing the provisions of this chapter, or of a
permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished according to the general penalties
imposed for violations of ordinances, rules, or police regulations that govern fire safety,
zoning, and public health and sanitation as described under subsection 1-13(b) of this
Code. Each day that such a violation is permitted to exist shall constitute a separate
offense.
II.
This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo, Texas,
except where the provisions of the Ordinance are in direct conflict with the provisions such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
III.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the
same would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
IV.
This Ordinance shall become effective immediately upon its passage, approval and publication
as provided by law.
PASSED, APPROVED, AND ADOPTED on this 8 day of3aN 2013 at a regular meeting
of the City Council of the City of Cibolo, Texas which meeting was held in compliance with the
Open Meetings Act, Tex. Gov't Code, §551.001, et.seq. and at which meeting a quorum was
present and voting.
H604,-4 ant—
Je Ter H man, Mayor
ATTEST: -
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Peggy Cimics, City Secretary
APPROVED AS TO FORM:
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D -nton,Navarro, Ro," a
Bernal, P.C.,
City Attorney