ORD 563 07/23/2002 ORDINANCE NO. ?
AN ORDINANCE OF THE CITY OF CIBOLO ESTABLISHING REQUIREMENTS
FOR THE LIMITS,DISTANCES,AND PLACEMENT OF AUXILIARY
STRUCTURES AND OTHER OBJECTS ON RESIDENTIAL OR COMMERCIAL
PROPERTY. PROVIDING FOR A PENALTY NOT TO EXCEED TWO
THOUSAND ($2,000.00)DOLLARS PER OFFENSE PER DAY FOR EACH
VIOLATION EACH DAY BEING A SEPARATE OFFENSE.
WHEREAS;The City of Cibolo seeks to protect the citizens and their property
from the possible hazards of fire exposure; and
WHEREAS;The City of Cibolo wants to prevent the possible blocking from view
of the fire hydrants; and
WHEREAS;The City of Cibolo wants to prevent the possible blocking of access
to the fire hydrants; and
WHEREAS;the City of Cibolo wants to prevent the possible endangerment to
pedestrians and the public; and
WHEREAS;the City of Cibolo wants to prevent the possible damage to private
property; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO TEXAS COUNTY OF
GUADALUPE:
SECTION I DEFINITIONS—The following words,terms, and phrases when used in this
Ordinance, shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning.
Attractive Nuisance—That which draws or attracts attention, crowds, or
gatherings that may pose a hazard to motorists or the public.
Auxiliary Structures—Any building,garage, carport, shed, barn, framework,
gazebo, deck,patio, porch, or greenhouse. That which is built or constructed,that
which is intended for supporting or sheltering any use. Excluding the primary
dwelling or business.
Easements—A grant of interest in land entitling a person,city, state, utility
company, corporation, or firm to use land possessed by another. Whether that is
an expressed easement or an implied easement.
Objects—Any poles, columns, stands, canopies, awnings, dividers, recreational
devices, including among others, display of wares or merchandise and sidewalk
signs.
Permit—A written document or certificate issued by the Building Inspection
Official permitting the construction, alteration, or repair.
Portable Structure—Transportable, movable, not attached to the ground.
Temporary Structure—Short time,brief, momentary, makeshift, substitute,for the
time being, overnight, changeable,unfixed.
SECTION II ENFORCEMENT OF ARTICLE—The Code Enforcement Officers are hereby
authorized and directed to enforce all the provisions of this Ordinance. For the
purpose of enforcing the provisions thereof,the Code Enforcement Officers and
the duly authorized representatives in the Building Inspection Department may
enter any building, structure, or premises during reasonable hours to perform any
duty imposed upon them by this Ordinance. Further,the Code Enforcement
Officers and their representatives in the Building Inspection Department shall have
the power of a Police Officer for the purpose of enforcing this Ordinance.
SECTION III BUILDING PERMIT REQUIRED—No person,homeowner, contractor, or
company, shall erect, construct, enlarge, alter,repair, improve, remove, place,
convert, or demolish any building or structure(as described in this Ordinance) in
the City, or cause the same to be done without first obtaining a permit therefore
from the Building Inspection Officials. The issuance of the permit shall be
controlled by the building, plumbing, electrical, mechanical, or zoning codes as
adopted by the City Ordinances.
SECTION IV DISTANCE REQUIREMENTS—No other structure or auxiliary structure shall
be permitted to be built, constructed, erected or placed within ten( 10' )feet of
another structure,and not within five(5' )feet of a property line or fence. No
auxiliary structures shall be permitted to be placed in or on an easement. A
structure may be allowed to be placed against a fence only if a minimum twenty(
20' )foot street, alleyway, or public dedicated drainage easement exists on the
other side of the fence.
SECTION V HAZARDS —The Code Enforcement Officers shall have the authority if
necessary to require any pre-existing auxiliary building to be brought into
compliance, moved, or removed if deemed a hazard that poses a fire, health, or
safety risk;whether or not a proper permit was obtained for that structure
previously.
SECTION VI RIGHT-OF-WAYS—No placement of objects or that,which is, deemed an
attractive nuisance,whether they are permanent or temporary shall encroach the
public right-of-ways, or the city easements.
SECTION VII PENAL HES FOR VIOLATIONS—Any person,homeowner, contractor, or
company violating any of the provisions of this Ordinance or failing to observe any
of the provisions hereof,upon conviction shall be deemed guilty of a
misdemeanor,and shall be fined not more than two thousand($2,000.00)dollars,
per violation,per day, and each violation shall be a separate offence, and each day
the violation exists shall constitute a separate offence.
SECTION VIII SAVINGS CLAUSE—That the terms and provisions of this Ordinance shall be
deemed to be severable and that if the validity of any section, subsection, sentence,
clause, or phrase, of this Ordinance should be declared to be invalid,the same shall
not affect the validity of any other section, subsection, sentence, clause,',phrase of
this Ordinance.
PASSED AND APPROVED THIS DAY OF _ 2002
Charles Ruppert
Mayor
ATTEST
1
111'l
onne G '. I
ty Secretary