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HomeMy WebLinkAboutPO 5791: TEMPORARY HOUSINGINTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING c~[ ~j P.o. No. 791- o Y HOUSINO 09/04/07 RECOMMENDATION: I recommend that Proposed Ordinance No. 5791 be approved. This Ordinance would establish how long and under what circumstances recreational vehicles can continue to be used as temporary housing. BACKGROUND: Currently we are permitting recreational vehicles to be used as temporary housing as long as FEMA is providing them. The Proposed Ordinance would allow them for an additional 90 days. After that date, they would only be permitted if the homeowner were able to document that they were making substantial progress on repairs under a building permit, were in active litigation with their insurance carrier or had applied for assistance under the Disaster Recovery Program with the City, SETRPC or TI)HCA and have been approved or waiting on approval. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: I recommend that Proposed Ordinance No. 5791 be approved. P.O. NO. 5791 09/05/07 DLW ORDINANCE NO. AN ORDINANCE ALLOWING FOR, IN CERTAIN SITUATIONS OUTLINED HEREIN, THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR AND RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY 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, the City Council of the City of Port Arthur did approve Ordinance No. 06-46, as amended allowing the parking, use and occupancy of recreational vehicles as temporary housing during the repair or reconstruction of hurricane damaged properties, and; WHEREAS, some property owners are still recovering from the damage to their homes as a result of Hurricane Rita; and, WHEREAS, the City Council of the City of Port Arthur has decided it is in the best interest to continue to allow some of the residents to continue to live in temporary quarters such as recreational vehicles as defined in Section 58-121 of he Code of Ordinances pending the repair of homes damaged by Hurricane Rim; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Section 58-122 (Location of recreational vehicles) of Chapter 58 (Manufactured Homes, Mobile Homes, Ere) of the Code of Ordinances of the City of Port Arthur is amended to read as follows: P.O. NO. 5791 09/05/07 Page 2 of 4 "No recreational vehicle used as a dwelling shall be parked or placed on any tract of land or adjacent private land within the city limits which is not properly zoned for such use; except, however, that this section: (1) Shall not apply to the lands of Pleasure Island. (2) Shall not apply to residences that were damaged by Hurricane Rita: (a) For a period not to exceed ninety (90) days, the parking, use and occupancy of recreational vehicles on residential property as temporary living quarters while repairs to these properties caused by Hurricane Rim are ongoing. That it is hereby permitted tb~at the Building Official of the City of Pon Arthur issue a permit to allow the occupancy of a recreational vehicle for a period of six (6) months, beyond the ninety (90) day period, on a residential property as temporary living quarters by property owners while damage to these properties caused by Hurricane Rita is being repaired, provided that: (A) Application to the Building Official for a six (6) month extension permit shall be made no later than ninety (90) days from the effective date of this Ordinance. (B) Application must be made with all necessary documentation to establish one of the following: (1) Substantial work is currently being done under an active building permit issued by the City of Port Arthur. (2) Active litigation is underway with the property owner's insurance carder. (3) Application for Disaster Recovery Funds has been made to the City of Port Arthur, Southeast Texas Regional Planning Commission or the Texas Depat hnent of Housing and Community Affairs and is approved or pending approval. SECTION 3. 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. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. P.O. NO. 5791 09/05/07 Page 3 of 4 SECTION 5. Any person, firm or corporation who violates any provision of this Ordinance 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 Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate SECTION 6. This Ordinance or its caption and penalty shall be published at least one (1) time within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. READ, ADOPTED AND APPROVED this __ day of September A.D., 2007 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: ATTEST: CITY SECRETARY MAYOR APPROVED AS TO FORM: P.O. NO. 5791 09/05/07 Page 4 of 4 APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING DIRECTOR OF NEIGHBORHOOD SERVICES