ORD 984 08/23/2011 O F C/&
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"City of Choice"
ORDINANCE NO: 9 8 4
AN ORDINANCE OF THE CITY OF CIBOLO AMENDING CHAPTER 14 OF
THE CITY'S CODE OF ORDINANCES; ADOPTING THE 2009 EDITION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING
AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL
PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE
STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER
PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT
STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND
USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES
UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF
SUCH EXISTING STRUCTURES IN THE CITY OF CIBOLO; PROVIDING
FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFOR; REPEALING ALL ORDINANCES AND REGULATIONS IN
CONFLICT AND THAT THIS ORDINANCE IS CUMULATIVE OF ALL
OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE.
WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County,Texas, created in
accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City
Charter and all applicable laws and enabling legislation of the State of Texas; and
WHEREAS, the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of
Cibolo in a duly called election held on September 11,2004; and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a
violation of a rule,ordinance, or police regulation; and
WHEREAS, Chapter 214.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to require the vacation, relocation of occupants, securing,repair, removal, or demolition of a
building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health,
safety,and welfare; and
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WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the safeguarding of life and property,
providing standards for supplied utilities and facilities and other physical things and conditions essential to
ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings
and structures unfit for human occupancy and use, and the demolition of such existing structures, and from
conditions hazardous to life or property in the occupancy of buildings and premises in the City of Cibolo.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CIBOLO DOES HEREBY
AMEND THE CITY'S CODE OF ORDINANCES AS FOLLOWS:
Section 1. Code Amendment
That the Cibolo Code of Ordinances Section 14-2(a)(8)is hereby amended to read as follows:
(1) That a certain document, two (2) copies of which are on file in the office of the Building Official
of Cibolo, and one (1) copy of which is on file in the office of the Fire Marshal of Cibolo, being
marked and designated as the International Property Maintenance Code, 2009 edition, as
published by the International Code Council, be and is hereby adopted as the Property
Maintenance Code of the City of Cibolo, in the State of Texas for regulating and governing the
conditions and maintenance of all property, buildings and structures; by providing the standards
for supplied utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and
structures unfit for human occupancy and use, and the demolition of such existing structures as
herein provided; providing for the issuance of permits and collection of fees therefore; and each
and all of the regulations,provisions,penalties, conditions and terms of said Property Maintenance
Code on file in the office of the Building Official of the City of Cibolo are hereby referred to,
adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions,
deletions and changes, if any,prescribed in(a), (b)and(c) of this ordinance.
(a) That the following sections and/or sub-sections are hereby revised to read as follows:
101.1. Title. These regulations shall be known as the Property Maintenance Code of Cibolo,
hereinafter referred to as "this code."
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and provisions of the
International Building Code, International Plumbing Code, International Mechanical Code,
International Fuel Gas Code and the ICC Electrical Code. Nothing in this code shall be
construed to cancel,modify or set aside any provision of the City's Zoning Ordinance or other
ordinances adopted by the City of Cibolo.
103.5 Fees. The fees for activities and services performed by the department in carrying out
its responsibilities under this code shall be as adopted by the City Council from time to time in
the City's Fee Schedule.
111.2 Membership of board. The board of appeals shall consist of a minimum of three
members who are qualified by experience and training to pass on matters pertaining to
property maintenance and who are not employees of the jurisdiction. The code official shall
be an ex-officio member but shall have no vote on any matter before the board. The City
Council may act as the board of appeals, or the board shall be appointed by the chief
appointing authority, and shall serve staggered and overlapping terms.
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201.3 Terms defined in other codes. Where terms are not defined in this code and are
defined in the International Building Code, International Fire Code, City's Zoning Ordinance,
International Plumbing Code, International Mechanical Code or the ICC Electrical Code, or
the National Electrical Code, such terms shall have the meanings ascribed to them as stated in
those codes.
302.4 Weeds is amended as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant
growth in excess of 12 inches (305 mm) and when determined by the code official to be
offensive. It shall be unlawful for any owner, tenant, lessee, agent or occupant of any lot or
premises to permit any weeds, grass or other vegetation to grow or remain upon any premises,
so as to become offensive or emit foul or noxious odor, or to become a breeding place for flies
or insects or to become in any way unsanitary or injurious to the public health. All noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided;however,this term shall not include cultivated flowers and
gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after
service of a notice of violation,they shall be subject to prosecution in accordance with Section
106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the
notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the
jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the
weeds growing thereon, and the costs of such removal shall be paid by the owner or agent
responsible for the property.
Exception: Agricultural property and property being cultivated. A 50 foot (15 240 mm)
wide zone shall be maintained between cultivated crops and adjoining commercial or
residential use property lines.
304.14 Insect screens. During the period from March 1st to November 30th, every door,
window and other outside opening required for ventilation of habitable rooms, food
preparation areas, food service areas or any areas where products to be included or utilized in
food for human consumption are processed, manufactured, packaged or stored shall be
supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per
25 mm), and every screen door used for insect control shall have a self-closing device in good
working condition.
Exception to remain
505.4 Water heating facilities is amended as follows:
505.4 Water heating facilities. Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at every
required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than
120°F (49°C). A gas-burning water heater shall not be located in any bathroom, bedroom or
other occupied room normally kept closed, unless adequate combustion air is provided. An
approved combination temperature and pressure-relief valve and relief valve discharge pipe
shall be properly installed and maintained on water heaters.
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602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling unit or sleeping units on terms, either expressed or implied, to furnish heat to
the occupants thereof shall supply heat during the period from November 1st to February 28th
to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and
toilet rooms.
Exceptions to remain.
602.4 Occupiable work space. Indoor occupiable work spaces shall be supplied with heat
during the period from November 1st to February 28th to maintain a temperature of not less
than 65°F (18°C)during the period the spaces are occupied.
Exceptions to remain.
(b) That all references to the ICC Electrical Code are deleted and shall reference the current
adopted version of the National Electric Code(NEC)NFPA 70.
(c) That all pressure gauges installed or used for testing shall have the working range in the
middle third of the gauges minimum and maximum pressure ends.
Section 2. Cumulative.
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the
provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event
the more restrictive provision shall apply.
Section 3. Severability
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Section 4. Continuation of Existing Regulations.
That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit
or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes
of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this
ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this
ordinance.
Section 5. Effective Date.
That this ordinance and the rules, regulations, provisions, requirements, orders and matters established
and adopted hereby shall take effect and be in full force and effective upon the passage and approval of
the City Council of the City of Cibolo, Texas and after having been published twice in the newspaper
designated as the official newspaper of the City.
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PASSED AND APPROVED on this the 23RD day of August,2011.
APPROVED:
J 'fer 0 an,Mayor
ATTEST:
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Peggy Clinics, City Secretary
APPROVED AS TO FORM
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ity Attom= 's Office
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