HomeMy WebLinkAboutPO 6576: AMENDING SECTION 58-122 (2) CODE OF ORDINANCES MEMORANDUM
Department of Development Services
Division of Planning and Zoning
To: Brian McDougal, City Manager, Mayor and City Council
From: Ronald Burton, Director of Development Services
Date: August 23, 2016
Re: P.O. No. 6576 — City Council approval for Agustin Ramirez' family to use an RV
as a temporary abode while work progresses on their single-family home.
Request:
A request is being made on behalf of Agustin Ramirez and his family to receive City Council
approval for their Recreational Vehicle to be used as a temporary abode while work progresses
on their single-family home at 2141 Birch Street in Port Acres area of Port Arthur. According
to City Code of Ordinances Section 58-122 (2), only the City Council can grant such approval
while duly-permitted work is ongoing to a primary residence. Because family members are doing
the work on the home, Mr. Ramirez has requested that a single extension be considered if the
City Building Official determines the advisability of such an extension.
Public Comment:
A Public Hearing is not required under the ordinance, nor does the Planning and Zoning
Commission need to hear or provide a recommendation for the action.
Budget/Fiscal effect: None
Staffing/Employee Effect: None
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ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 58-122 (2) CODE OF ORDINANCES
OF THE CITY OF PORT ARTHUR BY ALLOWING THE AGUSTIN
RAMIREZ FAMILY TO RESIDE IN THEIR RECREATIONAL
VEHICLE ON RESIDENTIAL PROPERTY AT 2141 BIRCH STREET
FOR A 180-DAY PERIOD WHILE THE FAMILY MAKES REPAIRS
TO THEIR SINGLE-FAMILY HOME THAT WAS DAMAGED BY
NATURAL CAUSES. THIS ORDINANCE AMENDMENT WOULD
ALLOW FOR AN EXTENTION OF UP TO A SECOND 180-DAY
PERIOD IF ABSOLUTELY NECESSARY AS DETERMINED BY THE
CITY'S BUILDING OFFICIAL. (VIOLATION OF THIS ORDINANCE OR
SECTION 58 OF THE CODE OF ORDINANCES OF THE CITY OF
PORT ARTHUR IS PUNISHABLE AS PROVIDED IN CHAPTER 1, SECTION 1-13
OF THE CODE OF ORDINANCES, AS AMENDED, BY A FINE NOT EXCEEDING
TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR
AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE.
WHEREAS, Section 58- 122 (2) of the Code of Ordinances of the City of Port Arthur
states that only the Port Arthur City Council may grant approval for the occupation of a
Recreational Vehicle as a temporary abode while repairs to the residential property are ongoing;
and,
WHEREAS, the damage to the Ramirez' home at 2141 Birch St. was the result of natural
cause; and,
WHEREAS, the family members wish to make these repairs themselves while working full-
time elsewhere; and,
WHEREAS, appropriate permits must be pulled for the needed repairs to the Ramirez home,
as required by Section 58-122; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the Ramirez family is hereby authorized to occupy a Recreational Vehicle
for up to 180 days while completing repairs to the family single-family detached home at 2141
P.O.NO.6576
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Birch Street, and that the building official may grant an extension of up to 180 days if deemed
necessary and appropriate.
SECTION 2. That Agustin Ramirez must obtain all required permits for the work on the
family home at 2141 Birch St. before this ordinance becomes effective.
SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions hereof.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 5. That any person, firm or corporation who violates any provision of this
Ordinance, Section 58 of the Code of Ordinances, or the City's Zoning Ordinance shall be
guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand
($2,000.00) Dollars as provided in Chapter 1, Section 1-13 of the Code of Ordinances,
and each day such violation shall be permitted to exist shall constitute a separate offense.
SECTION 6. That this Ordinance or its caption and penalty shall be published at least one
(1) time within ten days after formal passage hereof in the official newspaper of the City of Port
Arthur. This Ordinance shall take effect immediately after the date of such publication.
SECTION 7. That because Section 24-105 of the Zoning Ordinance does not apply, seven
(7) votes are not required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of August, A.D. 2016, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
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Noes:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APP' •VED AS TO FORM:
/, Aoik U•v _A-A°
Valecia "V lir izeno, City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
Ronald "Ron" Burton, Director of Development Services