HomeMy WebLinkAbout025708 ORD - 04/13/2004AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF
CORPUS CHRISTI BY REVISING SECTION 35-3, BY CHANGING
THE MAXIMUM FINE AMOUNT FROM $1,000.00 TO $2,000.00;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its
reports and recommendations concerning the amendment of the Zoning
Ordinance of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, February 25, 2004, during a meeting of the Planning Commission,
and on Tuesday, March 30, 2004, for the first reading and on Tuesday, April 13,
2004, for the second reading, during a meeting of the City Council, in the Council
Chambers, at City Hall, in the City of Corpus Christi, during which all interested
persons were allowed to appear and be heard; and
WHEREAS, the maximum penalty amount of $2,000.00 for the Zoning Ordinance
is reflective of the maximum amount allowed for municipalities in Section 54 of
the Local Government Code for code violations of this type; and
WHEREAS, the City Council has determined that this amendment would best
serve public health, necessity, and convenience and the general welfare of the
City of Corpus Christi and its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI;
SECTION 1. That Section 35-3 of the Zoning Ordinance of the City of Corpus
Christi is revised to read as follows:
Section 35-3 Any person or corporation who shall violate any of the provisions
of the Ordinance or fail to comply therewith or with any of the
requirements thereof or who shall build or alter any building in violation
of any detailed statement or plan submitted and approved hereunder
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than (3r~Two Thousand Dollars ($1,000) ($21000), and each day such
violation shall be permitted to exist shall constitute a separate offense.
The owner or owners of any building or premises, or part thereof, where
anything in violation of this Ordinance shall be placed, or shall exist,
and any architect, builder, contractor, agent, person, or corporation
employed in connection therewith and who have assisted in the
commission of any such violation shall be guilty of a separate offence
and upon conviction thereof shall be fined as ~eic~efece-provided in
this section.
SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus
Christi, Texas, approved on the 27th day of August, 1937, as amended from time
to time, except as changed by this ordinance and any other ordinances adopted
on this date, remain in full force and effect.
SECTION 3. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 4. That any ordinance or part of any ordinance in conflict with this
ordinance is expressly repealed by this ordinance.
SECTION 5. 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 6. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
That the foregoing or~i.%~e was rea,~for..the ¢~rst time and passed to its second
reading on this the '~)L2 day of t ~' )~'~-¢---'~/"~, 2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Mark Scott
That the foregoing ordinance ,g~s rea~l for the second time and passed finally on
this the ,] .~'~" day of ~.'~1/''; ! , 2004, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the ._~.__l~day of
ATTEST:
Armando Chapa
City Secretary
Approved as to legal form
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
'/~I~'i i ,2004.
CITY OF CORPUS CHRISTI
Mayor
,2004;
Joseph Ht~rney
Assistant City Attorney
For City Attorney
State
County of Nueces
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 4868050
PO ~
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times lnteroctive on the 19TH day(s) of APRIL. 2004.
$61.75
TWO (2) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
APRIL 20, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
DS/Coq:~us Chri~ Caller-TImeer Mo~da~/, April 19, 2004