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HomeMy WebLinkAbout18146 ORD - 03/28/1984TEXAS: adopted: AN ORDINANCE ADOPTING A FLOOD DAMAGE PREVENTION CODE; REGULATING DEVELOPMENT IN AREAS IDENTIFIED AS AREAS OF SPECIAL FLOOD HAZARD BY THE FEDERAL INSURANCE ADMINISTRATION; REQUIRING DEVELOPMENT PERMITS; ESTABLISHING PERMIT FEES; PROVIDING FOR PENALTY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. The following flood hazard prevention code is hereby FLOOD HAZARD PREVENTION CODE ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Section A. Statutory Authorization The City Council of the City of Corpus Christi, a home rule city under the laws of the State of Texas, is authorized in the exercise of the police power to adopt regulations designed to minimize flood losses. Section B. Findings of Fact (1) Certain flood hazard areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) The cumulative effect of obstructions in flood plains which may cause an increase in flood heights and velocities, and the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they may be inadequately elevated, floodproofed, or otherwise protected from flood damage, are contributing factors in the aforementioned flood uses. Section C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) To protect human life and health; (2) To minimize the need to spend public money for flood control projects; SEP281984 (3) To minimize the need for rescue and relief efforts associated with flooding and undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in flood plains; (6) To provide for the sound use and development of flood -prone areas to minimize future flood blight areas; and, (7) To encourage that potential buyers be notified that property is in a flood area. Section D. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Article 2 DEFINITIONS Unless specifically defined below, words or phrases be interpreted to give them the meaning they have this ordinance its most reasonable application. Appeal - means a request for a review of the Building Official's of any provision of this ordinance or a request for a variance. Area of Shallow Flooding - means a designated AO, AH, or community's Flood Insurance Rate Map (FIRM) with a one percent or used in this ordinance shall in common usage and to give 2 interpretation VO Zone on a greater chance of flooding to an average depth of one to three feet where a clearly defined chart does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard - is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-99, VO, or V1-30. Base Flood - means the flood having a one percent chance of being equalled or exceeded in any given year. Coastal High Hazard Area - means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30. Development - means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, except oil and gas exploration and production activities regulated by the Railroad Commission of Texas. Development Permit - means any permit, plan approval or other authorization required from any department of the City prior to commencing any development work regulated by the City building code, electrical code, mechanical code, plumbing code, platting ordinance, zoning ordinance, excavation ordinance, or any other applicable ordinance of the City. Existing Mobile Home Park or Mobile Home Subdivision - means a parcel (or contiguous parcels) of land ivided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before May 15, 1979. Expansion to An Existing Mobile Home Park or Mobile Home Subdivision - means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). Flood or Flooding - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. 3 Flood Hazard Boundary Map FHBM) - means an official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A. Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study - is the official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map. Floodway - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Habitable Floor - means any floor usable for living purposes, which includes working, s eeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor". Highest Adjacent Grade - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Mangrove Stand - means an assemblage of mangrove trees which are mostly low trees noted for a copious development interlacing adventitious roots above the round and which contain one or more of the following species: black mangrove Avicennia Nitida); red mangrove (Thizophora Mangle); white mangrove Languncularia Racemosa); and buttonwood (Conocarpus Erecta). Mean Sea Level - means the average height of the sea for all stages of the tide. Mobile Home - means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. New Mobile Home Park Or Mobile Home Subdivision - means a parcel (or contiguous parcels) of and divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after May 15, 1979. Sand Dunes - mean naturally occurring accumulations of sand in ridges or mounds landward of a beach. Start of Construction - means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include 4 excavation for a basement, footings, piers or foundations or the erection of temporay forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. Mean Higher High Tide - The mean higher high tide is the average high tide reached over a period of a lunar cycle, roughly a period of 19 years. Texas Open Beaches Act - this statute, enacted by the Texas Legislature in 1959, prohibits encroachment by private owners on the area seaward of the line of vegetation in areas fronting on the Gulf of Mexico. Structure - means a walled and roofed building that is principally above ground, as well as a mobile home. Substantial Improvements - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether-or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Variance - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. Article 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the City of Corpus Christi including property of the City, but not including property of 5 the State of Texas, property of the Port of Corpus Christi Authority, property of Corpus Christi State University, property of other political subdivisions of the State of Texas that the City has no authority to regulate, or property of the Federal Government. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study, City of Corpus Christi, Texas" completed in August 1983 with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally constructed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On occasion greater floods may occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Corpus Christi or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 6 SECTION H. RECOMMENDED ADDITIONAL PROTECTION It is specifically recommended that the lowest floor of any building be elevated to a level of one foot higher or more above the base flood elevation since such additional protection may provide for significant reductions in insurance premiums. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF BUILDING OFFICIAL The Building Official is hereby appointed to administer and implement the provisions of this ordinance. SECTION B. DUTIES AND RESPONSIBILITIES OF THE BULILDING OFFICIAL Duties and responsibilities of the Building Official shall include, but not be limited to: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance; (2) Review, clear or deny all applications for development permits required by Article 3, Section C of this ordinance; (3) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; (4) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D(2) of this Article. (5) Review permits for proposed development to assure that adjacent communities and the Texas Department of Water Resources have been notified prior to any alteration or relocation of a watercourse, and evidence of such notification has been submitted to the Federal Insurance Administration; (6) Review permits for proposed development to assure that provisions are made for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 7 (7) Obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer the provisions of Article 5, when base flood elevation data has not been provided in accordance with Article 3, Section B. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Building Official and shall include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures; b. Elevation in relation to mean sea level to which any non-residential structure shall be floodproofed; c. A certificate from a registered professional engineer that the non-residential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (2) Review of an application for a Development Permit shall include all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, 8 and public utilities and facilities such as sewer, gas, electrical, and water system. g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of waterfront locations, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. SECTION D, VARIANCES PROCEDURES (1) The Building Code Board of Appeals shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Building Code Board of Appeals shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this ordinance. (3) Any person or person aggrieved by the decision of the Building Code Board of Appeals may appeal such decision to the City Council. (4) The Building Official shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (6) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Building Code Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Sections C and D). 9 (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation at a specified number of feet below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) A11 new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters; and, 10 (6) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B, (7), or (iii) Article 5, Section D, (2) the following provisions are required: (1) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered engineer or a registered land surveyor shall submit a certification to the Building Official that the standard of the subsection, as proposed in Article 4, Section C (1) (a), is satisfied. (2) Non-residential construction - new construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer shall submit a certification to the Building Official that the standards of this subsection as proposed in Article 4, Section C91)(c), are satisfied. (3) Mobile Homes (a) No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home subdivision. (b) All mobile homes shall be anchored of Texas Law and the Regulations of the Standards. floodway, or if applicable, a existing mobile home park or as required of the provisions Texas Department of Labor and (c) For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commended; and for mobile homes not placed in a mobile home park or subdivision require: (i) stands of lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered engineer or a registered land surveyor 11 shall submit a certification to the Building Official that the standard of this paragraph complies with Section B(1) of this Article. (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ten feet apart, and (3) reinforcement is provided for pilings more than six feet above ground level. (4) Floodways - Located within areas of special flood hazard established in Article 3, Section B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (a) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (b) If Article 5, Section B(4)(a) above is satisfied, all new construction and substantial improvements shall shall comply with all applicable flood hazard reduction provisions of Article 5. (c) Prohibit the placement of any mobile homes, except in an existing mobile home park or subdivision. (5) Coastal High Hazard Areas (V Zones) - Located within the areas of special flood hazard established in Article 3, Section B are areas designated as Coastal High Hazard Areas. These areas have special flood hazards associated with high velocity waters from tidal surge and hurricane wave wash; therefore, the following provisions shall apply: a. (i) All buildings and structures within an area to which the Texas Open Beaches Act applies shall be located at or above the line of vegetation, or at least 300 feet from mean low tide where there is no visible line of vegetation; (ii) In areas which are not subject to provisions of the Texas Open Beaches Act, all buildings and structures shall be located landward of the reach of the mean higher tide. b. All buildings or structures shall be elevated so that the lowest supporting member is located no lower than the base flood elevation level, with all space below the lowest supporting members open so as not to impede the flow of water, except as provided for in Article 5, Section B (4)(h).. 12 c. All buildings or structures shall be securely anchored on pilings or columns. d. Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow. e. Compliance with provisions contained in Article 5, Section B(5) (b), (c) and (d) shall be certified by a registered professional engineer. f. There shall be no fill used as structural support of buildings. g. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. h. Breakaway walls shall be allowed below the base flood elevation provided they are not part of the structural support of the buildings and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building of which they are to be used. i. Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Building Official for approval. j. If breakaway walls are utilized, such enclosed space shall not be used for human habitation nor shall such enclosed space exceed three hundred square feet in area. It is specifically recommended that such enclosed spaces not be provided except when necessary since such method of construction may result in increased insurance premiums. 1. The placement of mobile homes is prohibited, except in an existing mobile home park or existing mobile home subdivision. SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located within the areas of special flood hazard established in Article 3, Section B are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of nonresidential structures: 13 (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be designated so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer shall submit a certification to the Building Official that the standards of this Section, as proposed in Article 4, Section C(1)(a) are satisfied. (4) Require within Zones AH and A0, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions shall meet Development Permit requirements of Article 3, Section C, Article 4, Section C and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres, if not otherwise provided pursuant to Article 3, Section B, or Article 4, Section B(7) of this ordinance. (4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (5) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. SECTION 2. Ordinance No. 15256 passed and approved December 12, 1979, the Building Code, is hereby amended by deleting Chapter XXXIII - Minimum Elevation Above Mean Tide Level for Structures, and said Chapter XXXIII is superseded by this ordinance and is hereby repealed. SECTION 3. Any person, firm or corporation who violates a provision of this code, or fails to comply therewith or with any of the requirements thereof, or who erects, constructs, alters, demolishes, or moves any building or structure in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $200. Each such person, firm, or corporation shall be guilty of a 14 separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with any of the provisions of this code, and the owner or owners of any premises wherein a violation of the provisions of this code occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of any such violation, shall be guilty of a separate offense. SECTION 4. 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 ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the ordinance. 15 That the—foregoing ordinance w read for e first time and sled to its second reading on this the 1� day of 19 9 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance read for a second time and as ed to its third reading on this the aday of 64ta+.i►. , 19j1V , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the fore of g ordin e was read for thepMird time and passed finally on this the ay of , 19 66 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the d! day of ATTEST: CitylSecretary MAY APPROVED: Iq?LDAY OF J. BRUC By rah Asl ant City Attorney , 19k K CITY ATTORNEY , 19 THE CI OF CORPUS CHRISTI, TEXAS 18146 P r , • ti • • 4 • re 1 °PUBLISHER'S AFFIDAVIT STATE OF TEXAS, j ss County of Nueces. MARGARET Before me, the undersigned, a Notary Public, this day personally carne_____ - _ who being first duly sworn, according to law, says that he is the C V LT'X....W.IS .-S•U.2EBMISOref the Corpus Christi Caller and The Co Daily Newspapers published at Corpus rPus Christi Times, Christi, Texas, in said County and State. and that theub _._.. NOTICE OF-pAgSA� OF ORDINANCE p �� of# 18_ 146 ••_AlizFL of which the yo-�'"`una a — - Q�.-P �- ennexed is a true copy, was publii _ on.._� z of._.___ April _ _�, day -----1�4-, and once each... da� " '""thereafter far_ one e ---4 �•......_._._Timea $__28.60 -• 60 Margaret Ramage Subscribed and sworn to before me this d? A , ; , 1C1 l 4 , EDNA KOSTER tary Public ces County. T� exae