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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