HomeMy WebLinkAbout025745 ORD - 05/11/2004AN ORDINANCE
AMENDING ARTICLE VII, CHAPTER 14, CODE OF ORDINANCES,
crrY OF CORPUS CHRISTI, REGARDING FILL PERMITS; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Article VII of Chapter 14, Code of Ordinances, is revised to read as
follows:
ARTICLE VII. REGULATION OF FILL MATERIALS
Sec. '14-701. Fill permit required.
(a) Except as provided in this section and section 21-80, no person may deposit or
dump on any property or allow to be deposited or dumped on the person's property or
property under the person's control, any dirt or other fill materials without securing a fill
permit from the building official as provided by section 14-702.
(b) This prevision section does not apply to persons depositing or dumping and
spreading dirt, sand. or other gardening materials on the premises used in connection
with an existing building for landscaping purposes, unless the depositinq or dumpin(~
and spreadinq dirt, sand, or other clardenincl materials on the premises will cause storm
waters to be diverted or impounded on adioininq premises.
(c) This section does not apply, or to the dumping or depositing sand or other building
material on a lot in connection with construction of improvements in progress for which
a building permit has been obtained:
(d) This section does not apply, or to the dumping or depositing of dirt, sand, fill
material, or refuse at a solid waste disposal facility permitted by the Texas Commission
on Environmental Quality.
Sec. 14-702. Issuance of fill permit.
(a) The building official is responsible for the issuance of dumping fill permits for
dumping or depositing dirt and other fill material.
(b) No fill permit may be issued for dumping or depositing refuse.
(c) Each fill permit will be issued to a specific person, firm, or corporation to fill a
specifically described piece of property and must specify the type of fill material and the
duration of the fill permit, which sh=!! may not be for a period in excess of one (1) week_
30 calendar davs.
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(d) Before the fill permit is issued, the building official must be satisfied that the dirt or fill
matedal appears to be free from any substance injurious to the public health and
welfare, and that the dirt or fill matedal will be handled and dumped or deposited and
leveled off in a manner that apparently will not be injurious to the public health, interfere
with drainage from an adjoining property, or divert storm waters onto an adjoining
property.
(e) The building official is authorized to promulgate forms to be completed by applicants
for fill permits requiring any information deemed necessary to carry out the purposes of
this section.
(0 The applicant for a fill permit must pay the fill permit application fee before the permit
is issued.
(q) The building official may qrant a one time extension of 30 calendar days to a fill
permit, if the applicant submits a reauest in writina outlininq the reasons for the
extension.
Sacs. 14-703--14-800. Reserved.
SECTION. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION. 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 of this ordinance be given full force and effect for its purpose.
SECTION. Publication shall be made in the official publication of the City of Corpus
Chdsti as required by the City Charter of the City of Corpus Christi.
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That the foregoing ordinance was read for the first time and passed to its second
,~-'-Tf" day of /~) f- i t ,2004, by the following vote:
reading on this the
Samuel L. Neal, Jr. ~
Brent Chesney
Javier D. Colmenero L,CJ~
Melody Cooper ~
Henry Garrett (~, ~
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the i ~"- day of ~\~(Z'~L'I/'% ..r~ ' 2004 by the following vote:
Samuel L. Neal, Jr. t,.JL~ Bill Kelly (,.~/...
Brent Chesney ¥.- Rex A. Kinnison
J
Javier D. Colmenero (~ Jesse Noyola
Melody Cooper Mark Scott
Henry Garrett
PASSED AND APPROVED, thist~e I/~dayof )~d~oc-I ,2004.
City Secretary
APPROVED: .-~r/¥ day of
ining
Fi~t/~sistant C_~ Attorney
For City Attorney
Mayor
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State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 4894465
PO #
Before me, the undersigned, a Notary Pubhc, 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 m 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 Interactive on the 17TH day(s) of MAY, 2004.
$59.00
TWO (2) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
MAY 18, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
.I/Corpus Chdstl Calter-'13mes, Moi"~ ¥, May 17, 2004
Orcl~rance~, City