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Home My WebLink About16395 ORD - 07/22/1981'ikh:7-17-81;4th AN ORDINANCE AMENDING ORDINANCE NO. 15256 WHICH ADOPTED THE BUILD- ING CODE, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 12, 1979, AS AMENDED, BY AMENDING SECTION 1 OF SAID ORDINANCE SO AS TO AMEND SUBSECTION 2301.6 - UNSAFE SIGNS; EXPANDING THE DEFINITION OF PERSONS RE- SPONSIBLE FOR UNSAFE SIGNS, PROVIDING THAT CERTAIN SIGNS VIOLATING THE BUILDING CODE, ELECTRICAL CODE, OR VIEW OBSTRUCTION ORDINANCE, OR LOCATED ON PUBLIC STREET RIGHT-OF-WAY, CONSTITUTE AN IMMEDIATE_DANGER; AUTHORIZING THE BUILDING OFFICIAL, ASSISTANTS, IN- SPECTORS, AND OTHER EMPLOYEES OF THE BUILDING INSPECTION DIVISION TO IMPOUND SUCH SIGNS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: _ '+ SECTION 1. That Ordinance No. 15256 passed and approved by the City Council on December 12, 1979, as amended, is hereby amended by amending Section 1 of said ordinance so as to amend Subsection 2301.6 - UNSAFE SIGNS of the Building Code to hereafter read as follows: "Should any sign become insecure or in danger of falling or other- wise unsafe in the opinion of the Building Official, the owner thereof, the lessee of the sign, the owner of the property -on -which the sign is located, and the owner and manager of the -business advertised on the sign, shall upon - written notice from the Building Official, forthwith in the case of immediate danger and in any case within ten (10) days, secure the same in a manner to be approved by the Building Official, in conformity with the provisions of this Code or remove such sign. If such order is not complied with in the designated time the Building Official shall remove such sign at the -expense of the owner or lessee thereof. Such sign shall be impounded by the Building Official. Any such sign may be redeemed by the owner or lessee thereof upon the payment to the City of a fee of $50 for hauling the sign plus a $lofper day storage fee for each day the sign is stored by the City. Such fee'shall be in addition to and not in lieu of any fine imposed on such owner or lessee for violation of any ordinance of the City. Any sign impounded and stored and not redeemed by the owner or lessee thereof within 30 days may be sold for salvage or other- wise disposed of in the same manner as surplus property of the City. In 16395 AteailEg, 'SEP z'r 1994 calculating the length of the storage period and the storage fee, the first working day after the date of impoundment shall be considered day number one. Thereafter, all days including weekends and holidays shall be counted. It is hereby expressly declared that the following signs are in fact unsafe signs causing immediate danger, and it shall be the duty of the owner of the sign, the lessee of the sign, the owner of the property on which the sign is located, and the owner and manager of any business advertised on the sign to immediately remove the sign or correct the unsafe conditions: a. Any ground sign which is located without authorization on the right-of-way of any public street. b. Any sign or sign -supporting structure which is constructed to a height greater than three (3) feet above the level of the crown of the road- way and is located within the area of the corner of a piece of property bounded on two adjacent sides by public rights-of-way for road, street, boulevard, alley- way or other public passageway, such area more particularly described as being that area bounded by two intersecting boundaries of the public rights-of-way for a distance of twenty (20) feet on each of such boundaries from the point of intersection, and bounded by a third side determined by the drawing of a straight line between the points on the two intersecting boundaries twenty (20) feet from their point of intersection. This provision shall apply to all those areas of the city designated and classified by the zoning ordinance of the City of Corpus Christi, adopted on the 27th day of August, 1937, and appearing of record in Volume 9, page 565 of the ordinance and resolution records of the City of Corpus Christi, and especially as amended by ordinance passed and approved by the city council on May 4, 1948, being Ordinance No. 2266, and as amended from time to time, except those zones designated as 'B-5' or 'B-6'. c. Any sign for which a permit is required by this code and which is not anchored to withstand the wind pressure as specified in Section 1205 of this Code. d. Any sign which contains electrical wiring which fails to comply with the Corpus Christi Electrical Code adopted by Ordinance No. 14420 passed and approved by the City Council on August 9, 1978, as amended, and which is determined by the Building Official to be dangerous and unsafe according to the standards of Section 5-7 of said code." -2- s r." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinacne, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, word, phrase or provision hereof be given full force and effect for its purpose. r That That the foregoing ordinance was read for t- first time and passed to its second reading on this the /V day of i , BY/ , by the following vote:, Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing -ordinance was read for t second time apc� passed to its • third reading on this the ' dayof 194f/ , by the following vote: Luther Jones - Betty N. Turner Jack K: Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for the third time and passed finally on this the 0702.4.4 day of �2,. , 19 JF/ , by the following vote: Luther -Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the 012e24,%oeday of ATTEST: Ci�aa APPROVED: / DAY 0'�� 19J'% J. BRUC��YCO K, CI' ATTORNEY By .I /6A� 4 Assistant Cit Lti.rney MAYOR 16395 , 19 cf3) HE CITY OF CORPUS CHRISTI, TEXAS MOTION CLIFF vft SKymoved and (moo 0 y seconded the motion that the Ordinance proposing to regulate unsafe signs, read on the first of three readings on July 1, 1981, and the second reading on July 8, 1981, be and the same is hereby amended prior to the third and final reading as follows: 1. Insert the following paragraph after the introductory para- graph of Section 1: "Should any sign become insecure or in danger of falling or -other- wise unsafe in the opinion of the Building Official, the owner thereof, the lessee of the sign, the owner of the property on which the sign is located, and the owner and manager of the business advertised on the sign, shall upon written notice from the Building Official, forthwith in the case of immediate danger and in any case within ten (10) days, secure the same in a manner to be approved by the Building Official, in conformity with the provisions of this Code or remove such sign. If such order is not complied with in the designated time the Building Official shall remove such sign at the expense of the owner or lessee thereof." '2. Delete paragraph 1 following paragraph d. and the first sentence of the next paragraph following. 3. Add the following sentence after the paragraph set forth in 1. above: "Such sign shall be impounded by the Building_' Official." 4. Insert the last three sentences from the ordinance read on two of three readings, said sentences reading as follows: "Any such sign may be redeemed by the owner or lessee thereof upon the payment to the City of fee of $50 for hauling the sign plus a $10 a day storage fee for each day the sign is stored by the City. Such fee shall be in addition to and not in lieu of any fine imposed on such owner for violation of any ordinance of the City. Any sign impounded and stored and not redeemed by the owner thereof within 30 days may be sold for salvage or otherwise disposed of in the same manner as surplus property of the City." 5. Add two sentences following the above: "In calculating the length of the storage period and the storage fee, the first working day after the date of impoundment shall be considered day number one. Thereafter, all days including weekends and holidays shall be counted." 6. Reposition the first paragraph and suceedino subparagraphs a -d from the order in the ordinance read on the first two readings so as to place them as the final paragraphs of said ordinance, said paragraphs and subparagraphs to read as follows: "It is hereby expressly declared that the following signs are in fact unsafe signs causing immediate danger, and it shall be the duty of the owner of the sign, the lessee of the sign, the owner of the property on which the -sign is located, and the owner and manager of any business adver- tised on the sign to immediately remove the sign or correct the unsafe conditions: a. Any ground sign which is located without authorization on the right-of-way of any public street. - b. Any sign or sign -supporting structure -which is constructed to a height greater than three.(3) feet above the level of the -crown -of the roadway and is located within the area of the corner -- of a_piece of -property bounded on two adjacent sides by public -rights-of-way for -road, street, --- boulevard, alleyway or other public passageway, such area_more particularly described as being that area bounded by two intersecting boundaries of the - public rights-of-way for a distance of twenty (20) feet on -each of -such - boundaries from the point of intersection, and bounded by a third -side• determined by the drawing of a straight line between the points on -the -two intersecting boundaries twenty (20) feet from -their point of intersection. c. Any sign for which a permit is required by this code and which is not anchored to withstand the wind pressure as specified in Section 1205 of this code. d. Any sign which contains electrical wiring which fails to comply with the Corpus Christi Electrical Code adopted by Ordinance No. 14420 passed and approved by the City Council on August 9, 1978, as amended, and which is determined by the Building Official to be dangerous and unsafe according to the standards of Section 5-7 of said code." 7, Add to the caption the provision for expanding the definition of persons responsible for unsafe signs, said caption to hereafter read as follows: AN ORDINANCE AMENDING ORDINANCE NO. 15256 WHICH ADOPTED THE BUILDING CODE, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 12, 1979, AS AMENDED, BY AMENDING SECTION 1 OF SAID ORDINANCE SO AS TO AMEND SUBSECTION 2301.6 - UNSAFE SIGNS; EXPANDING THE DEFINITION OF PERSONS RESPONSIBLE FOR UNSAFE SIGNS, PROVIDING THAT CERTAIN SIGNS VIOLATING THE BUILDING CODE, ELECTRICAL CODE, OR VIEW OBSTRUCTION ORDINANCE, OR LOCATED ON PUBLIC STREET RIGHT-OF-WAY, CONSTITUTE AN IMMEDIATE DANGER; AUTHORIZING THE BUILDING OFFICIAL, ASSISTANTS, INSPECTORS, AND OTHER EMPLOYEES OF THE BUILDING INSPECTION DIVISION TO IMPOUND SUCH SIGNS; AND PROVIDING FOR SEVERABILITY. PASSED 7- a -8 / • STATE OF TEXAS, County of Nueces. lase PUBLISHER'S AFFIDAVTT v.284970 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came. ......... RLL.LIE1, HENDERSON , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, - Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO 16395_.... of which the annexed is a true copy, was published in ... Q.CMZULSAIEUST.I , .ALLER-TIMES___ on the 27thday of... -........JULY _..__.19_ 81., and once each day thereafter for..._... one_ consecutive day 37.72 BILLIE J. HENDERSON Subscribed and sworn to before me this 30th day of JULY 19 81 • LOIS WINN - _ Notary Public, Nueces County, Texas f""N'rcrg p•AliXas t '6TOF ORDINANCE I -AmdTi9s2; N,,G°:HDI WHICH i NANeE , ADOPTEDN TitAP - BY AND E BUILDING Cp00 BO% D 55 COUNCIL ON PASS - THE CITY AMENDEDDECEMBER R y AMENDING1,- 1979A I SECTION 1 OF F SAID ORDINANCE SO A S TO AMEND 2301,6 - UNSAFE SIG_, PROVIDINDTHATl CER- TAIN SIGNS VIOLATING 'THE BUILDING CODE, ELECTRICAL CODE OR VIEW OBSTRUCTION 0__ DINANCE, OR LOCATED ON PUBLIC STREET R IGHT-OF-WAy, CON- STITUTE AN IMMEDIATE THE BUILDING AUTHORIZINGD_ iNu OFFI- CIAL,ABULsSISTANTS, IN- SPECTORS, AND OTHER 'EMPLOYEES OF TH BUILDING INSPECTION DIVISION TO ISSUE NO- TICES OF VIOLATION AND IMPOUND SUCH SIGNS, AND PROVIDING FOR SEVERABILITY, AF - PROVED PASSED AND RWOSAVSED BY the City Coun- cilrp. Christi, SI theCity oufvACnegen Meeting - holdRegular Troncll held on the 22nd day of July, 1911. UNDER MY ISSUEDUNDER tChlisylICcloarapyus%CS`,EiharoA,r,LytGgLf:i..t.::—.3 ,,......_............ j HAND AND • 111 —