The provisions of this chapter shall be administered by the
director, the directors' authorized designee, or the fire chief where
applicable.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) Any person or entity who 1) violates any of the provisions of this chapter, or fails to comply therewith, 2) commits any act in violation of any code adopted by reference, 3) constructs, alters, repairs, excavates, demolishes, or demolishes by neglect in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, or 4) commits, takes part, directs, or assists in any such violation or who maintains or uses any structure or premises or part thereof in which any violation exists, from which no appeal is taken, shall severally for each and every such violation and noncompliance be guilty of a misdemeanor, punishable by a fine as provided in section
1-5 of this Code. Each day any violation or noncompliance continues shall constitute a separate offense.
(b) Any owner or owners of any buildings, premises, or any part thereof, who participates in or knowingly or willingly permits any violation of this chapter, and any architect, engineer, builder, contractor, tenant or agent of any person or corporation employed in connection therewith who assists in the commission of any such violations, shall be guilty of a separate offense punishable by a fine as provided in section
1-5 of this Code.
(Ordinance 2090, exh. A, adopted 10/9/2017)
Any person or entity who shall fail to comply with any provision
of this chapter, or who shall commit any of the acts described by
this chapter, or be guilty of any of the omissions thereof, shall
be liable to injunctive action prohibiting the violation of this chapter
and shall be subject to being mandatorily enjoined and shall be liable
and responsible for any and all expenses that may be incurred by the
city in connection with any such action, omission or other violation,
including reasonable attorneys' fees.
(Ordinance 2090, exh. A, adopted 10/9/2017)
The director may give notice to any person or entity who violates this chapter, and such person or entity who receives such notice shall correct all violations alleged in the notice. Failure to correct any such alleged violations shall be subject to penalties under section
5-2 and injunctive relief under section
5-3.
(Ordinance 2090, exh. A, adopted 10/9/2017)
Notwithstanding other sanctions set forth in this chapter, if
any of the provisions of this chapter are not complied with, a stop
work order in accordance with the adopted codes may be placed on the
property and the permit may be revoked or suspended by the director.
If a person has not followed the terms, conditions or specifications
of this chapter in work done pursuant to a prior permit and such work
has not been corrected, new permits may be denied or additional requirements
may be imposed.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) Work activity
including, but not limited to, erection, excavation, demolition, construction,
alterations or repairs on any building or other structure, is restricted
to the hours of 7:00 a.m. to 8:00 a.m. for work preparation activities,
8:00 a.m. to 5:00 p.m. for actual work activities and 5:00 p.m. to
6:00 p.m. for work cleanup activities and vacation of the site, Monday
through Friday.
Exceptions: This subsection shall not apply to the following: (1) Any work performed by the homeowner or business owner without contracted labor or contracted assistance; (2) interior painting and exterior painting performed by a contractor that does not generate noise audible to neighbors; (3) work of any kind performed in an enclosed building by a contractor that does not generate noise audible to neighbors; (4) the servicing of restaurant grease traps and (5) landscaping related activities (excluding earthmoving and structural improvements) performed by a contractor are not subject to this provision, except as section 10-8(e) of the Code of Ordinances may apply to such activities.
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(b) Limitation
on weekend and holiday work activity:
(1) There shall be no work activity on weekends or city holidays (see section
2-1 [Official holidays—Listed] or as modified by the city council), save and except for those types of work activity specifically exempted in subsection
(a) above.
(2) Work activity exempted in subsection
(a) above shall not take place on the city holidays of the Fourth of July, Thanksgiving, Christmas and New Year's Day.
(3) Hours of work activity set out in subsection
(a) above shall apply to said exempted work activity when such work is performed on weekends and permitted holidays.
(4) Work
that is permissible on weekends and holidays may otherwise be limited
by the inability to secure inspections from the city on such days.
(c) Unless work activities are specifically exempted in subsections
(a) and
(b) above, there shall be no work prior to or after the hours listed in subsections
(a) or on prohibited days without written permission issued by the director. Permission may be given for work that cannot be performed during the allowed hours and days of construction due to extenuating circumstances that might be detrimental to the property, or for work that would, if delayed, be or create a hazard to public health and safety. Requests for exemption to the authorized hours of construction beyond what is already permitted must be submitted in writing at least three (3) days prior to proposed work request. Requests shall include 1) reason for requested exemption, 2) specific hours/days being requested, 3) number of workers proposed, 4) number of vehicles proposed, and 5) complete scope of the proposed exempted work and tools to be utilized. If granted, a copy of the approved notice must be posted on the property next to the approved building permit and be clearly visible from the public right-of-way.
(d) This section of the Code of Ordinances in no way limits or overrides the prohibitions against other violations noted elsewhere in said Code, such as the prohibition against the creation of noise nuisances [section
10-8].
(Ordinance 2090, exh. A, adopted 10/9/2017)
Permits issued under this chapter shall not be transferable
from the person or entity receiving the permit to another person or
entity without the written approval of the director.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) The adopted
2015 International Code Series and the 2014 International Electrical
Code Series, provides the minimum standards to safeguard the public
safety, health and general welfare by detailing specific code requirements
for building, fire, gas, sewer, plumbing, mechanical, and electrical
systems alteration or construction. Any person directly affected by
a decision or interpretation of the adopted codes by an inspector,
the building official or the fire marshal or a notice or order issued
under any adopted codes shall have the right to appeal per section
113 of the International Building Code, section R112 of the International
Residential Code, section 108 of the International Fire Code, section
111 of the International Property Maintenance Code, section 109 of
the International Mechanical Code, section 109 of the International
Plumbing Code, section 109 of the International Energy Conservation
Code, section 109 of the International Fuel Gas Code, and section
112 of the International Existing Building Code. This section is intended
to inform the general public of the formal appeals process included
within each adopted code when an agreement cannot be reached through
administrative appeal.
(b) Administrative
appeal shall be to the director or fire chief as applicable, and then
if agreement cannot be reached the appeal shall be forwarded by the
director or fire chief to the city manager for review.
(c) If agreement
cannot be reached through the administrative appeal process, the applicant
shall have the right to appeal to the board of appeals as described
in such codes or equivalent in any code adopted by this chapter. The
city manager or city manager's designee in consultation with the mayor
shall appoint the board of appeals, consisting of members within the
appropriate expertise(s). The board of appeals, as appointed, shall
perform the functions required of the board of appeals in such codes
or equivalent in any code adopted by this chapter.
(d) If the
applicant disagrees with the ruling of the board of appeals, the applicant
may appeal to the city council for final ruling.
(e) Requests
for appeal to the board of appeals or thereafter to the city council,
requires a written application for appeal be submitted to the director's
or fire chief's office within twenty (20) days after the day the previous
ruling, decision, notice or order was served or provided. An application
for appeal must state and shall be based on a claim that the true
intent of the code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of the code do not fully apply,
or the requirements of the code are adequately satisfied by other
means. Any application for appeal shall include code specific related
discussion points which provide rebutting information to the original
code application, or interpretation.
(Ordinance 2090, exh. A, adopted 10/9/2017)
Any permit or certificate of inspection that the work therein
referred to has been installed in conformity with the requirements
of the city's codes may not be the basis of any claim against the
city because the owner of the premises, the contractor and all other
persons concerned shall be obligated to see that all matters, things
and acts to which this chapter and such permit or certificate relates
shall conform to the regulations of the city.
(Ordinance 2090, exh. A, adopted 10/9/2017)
The provisions of this chapter shall take precedence over those of any other code provision, except chapter
3 zoning, which may contain provisions that are less restrictive than those specified in this chapter. However, nothing contained in this chapter shall mitigate, interfere with, alter or repeal any provisions of any other ordinance of the City of Alamo Heights not in conflict with the provisions of this chapter.
(Ordinance 2090, exh. A, adopted 10/9/2017)
If any section, paragraph, subdivision, clause, phrase or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any other provision thereof other than the part so decided to be
invalid or unconstitutional.
(Ordinance 2090, exh. A, adopted 10/9/2017)
(a) Fees
for the processing and issuance of plan reviews, permits, inspections,
registrations, licenses or certificates shall be reviewed and adopted
as needed by city council and listed in the schedule of development
fees. A copy of the schedule of development fees shall be kept on
file in the director's office.
(b) All plan
review fees and administrative fees shall be due upon receipt of applications.
(c) All remaining
balances, if applicable, shall be due upon issuance of any permits,
inspections, registrations, licenses, or certificates.
(d) In the
event that the work for which a permit has been issued as authorized
in this chapter has not been started, the director may, upon written
request from the applicant to cancel the permit, refund the permit
fee, less an administrative charge equivalent to fifteen (15) percent
of the permit fee but not less than seventy-five dollars ($75.00).
(e) The director
shall have the authority to waive or reduce any fees provided for
in the adopted schedule of development fees for public agencies, licensees,
franchisees, certificated telecommunications providers and contractors
which provide the city with construction or other permitted services.
Specifically, the development fees for public school district
projects valued at more than five hundred thousand dollars ($500,000.00)
shall be reduced by sixty-six (66) percent from the city published
total building permit fee and plan review fees. The public-school
district costs for outside plan and engineering reviews shall be the
actual costs of such reviews plus an administrative fee of three (3)
percent. In no case shall trade permit fees and stormwater permit
fees be reduced below the city published fee schedule.
(f) Certain
substantial or complex commercial and multi-family projects may require
outside review of plans by engineers, architects, surveyors, attorneys
and other professional experts. If the director determines that such
outside review is necessary or appropriate, the applicant for a project
shall reimburse the city for such outside review prior to the issuance
of any certificate of occupancy, license, registration or certificate.
Examples of a substantial or complex project would be an apartment
project, a shopping center or a multi-story building in which architectural
review, engineering review, FEMA review and/or the sale of public
property are components of the project.
(Ordinance 2090, exh. A, adopted 10/9/2017; Ordinance 2118 adopted 12/10/2018; Ordinance 2131, sec. 1, adopted 6/10/2019)
[The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:]
Accessory building or structure(s)
shall mean a structure which is built, constructed, or placed
and which is detached from a principal structure on the same tract
of land, and customarily incidental and subordinate to the principal
structure or use and which does not contain a postal address. Accessory
structures include but are not limited to arbors, detached garages,
garden utility sheds, decks, detached gazebos, temporary storage facilities,
and swimming pools.
Administrative review
is the formal process of reviewing proposed projects through
city staff to ensure compliance with all applicable adopted city codes
and ordinances.
Block
shall mean a length of street right-of-way along one (1)
side of the street from one (1) intersection to the next adjoining
intersection.
Building official
shall refer to the officer or other designated authority
charged with the administration, interpretation and enforcement of
this chapter.
Building shell
means the architecture of the exterior enclosure of a building,
including the framework, the perimeter/exterior walls, the building
core and columns, and other structural, load-bearing elements of the
building but does not include installation of typical finish out materials
such as interior wiring, interior plumbing, mechanical equipment,
sheetrock, paint, drop-ceilings, other finish materials not listed.
Certified arborist
means an individual certified by the certified arborist program
of the International Society of Arboriculture (ISA).
City
shall refer to the City of Alamo Heights.
City inspector
shall refer to the city's building official, fire inspector,
or their designee.
Compatibility
shall mean harmony with the existing neighborhood, site configurations,
development patterns, and the character of the development envelope
found within the adjacent and immediate block area, as demonstrated
in the demolition review application, including roof pitch, scale,
massing, garage and driveway location and setbacks. Adjacent and immediate
block area shall include but not be limited to all properties along:
(1)
The specific block where the project is proposed;
(2)
The block to the each side of the project's block; and
(3)
The blocks directly across the street of the three (3) blocks
identified above.
Contractor,
whether general or tradesman, means any person who sells,
constructs, or supervises or manages the construction of, or contracts
for the construction of or the supervision or management of the construction
of any work as regulated by this chapter.
Critical root zone
means the area measured as one (1) foot of radial distance
outward from the trunk for every inch of tree diameter at DBH.
Demolition
shall mean any intentional or unintentional act of dismantling,
pulling down, destroying, removing, razing or moving a structure or
any structural portion thereof, or commencing the work of moving or
of total or substantial destruction of a structure or portion thereof.
For the purposes of demolition review as described in article IX,
demolition is defined quantitatively as:
(1)
Removal or encapsulation of more than twenty-five (25) percent
of the framed structure of exterior walls facing public streets, or
a street-facing elevation if the tract of land is landlocked; or,
(2)
Removal or encapsulation of more than fifty (50) percent of
the framed structure of all exterior walls and/or roofs.
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Exception: Minor repair and routine maintenance.
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Those activities which constitute ordinary repair and maintenance
include but are not restricted to:
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a.
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Repair using the same material and design as the original;
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b.
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Repainting, using the same color; and
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c.
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Reroofing, using the same type and color of material.
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Demolition review
shall mean the public process of presenting proposed demolition
and/or replacement projects to the architectural review board and/or
city council. (See also definitions for demolition, significance,
and compatibility).
Department of community development
shall refer to the department which administers 1) permits,
2) plan reviews, 3) building, trade, and health inspections, 4) applications
and processes for boards and commissions review, and 5) special events.
This department shall act as the department of building safety as
described in the adopted building codes.
Diameter at breast height (DBH)
means diameter (diameter = circumference divided by pi or
approximately 3.142) at breast height of a tree trunk measured at
a height of four (4) feet and six (6) inches above natural grade.
Director
shall refer to any director, chief, or their designee as
assigned by the city manager.
Drainage type
shall mean the following:
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(1)
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Type A means all drainage flow for a property is
designed to flow towards the front property line and to a point of
discharge at the street or right-of-way.
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(2)
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Type B means all drainage flow for a property is
designed to split and flow both to the front property line and the
rear property line and to points of discharge at the street, alley,
or right-of-way.
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(3)
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Type C means all drainage flow for a property is
design to flow towards the rear property line and to a point of discharge
at the street, alley, or right-of-way.
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Earth fill
shall mean raising grade by means of filling in excess of
three (3) feet above natural ground level at any point. Maximum slope
for earth fills shall not exceed a ratio of three (3) to one (1),
a rise of one (1) foot height to three (3) foot horizontally.
Encapsulation
shall mean to enclose, cover up, or build over the top of
an existing structure whether the existing structure to be covered
is removed or not.
General contractor
shall refer to any person who shall oversee, supervise, manages,
or aids in construction as regulated by this chapter and who is responsible
for multiple tradesman.
Heritage tree
shall mean any tree or shrub which meets the minimum trunk size requirements as defined in section
5-152 of this chapter.
shall mean any of those things which require a permit, such
as buildings (either permanent or temporary), land development, concrete
or asphalt paving, swimming pools, fences, retaining walls, earth
fill, or excavation and landscaping.
Main building or structure(s)
shall mean a principal structure(s) which contains the primary
occupancy or use and includes a postal mailing address.
Material improvement
shall mean a modification to an existing building that either
increases or decreases the building's total square footage or modifies
a buildings foundation, exterior walls, or structural roof components.
Minor repairs
shall include but not be limited to improvements which do
not pose a potential hazard to the general public, or occupants of
a structure and which do not require verification through inspection
for compliance with any adopted code or this chapter.
Municipality
as referenced within the adopted National or International
Codes shall refer to the City of Alamo Heights.
Oak wilt
means a fungus that attacks oak trees by plugging water-conducting
vessels, reducing flow of water up the stem of the tree, often causing
leaves to wilt and fall prematurely and can travel up to seventy-five
(75) feet in every direction to affect other oak trees.
Owner
means any person, agent, operator, firm, trust, or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the state, county, or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
Permanent foundation
shall refer to any underlying or substructure for a framed
structure above which support the exterior walls.
Person
shall include any contractor, business, corporation, partnership,
owner, or other entity as well as an individual.
Premises
shall mean a lot, plot or parcel of land including any structure
thereon.
Routine maintenance
shall mean simple, small-scale activities associated with regular (daily, weekly, monthly, etc.) maintenance and general upkeep of a building (reference section
5-50(c)).
shall mean any structure or portion thereof that in whole or in part meets one (1) or more criteria in section
5-134(h), and has been so determined by the city council.
means the drainage and stormwater management plan which provides
all necessary plan sheets, profiles, hydraulic calculations, culvert
pipe size and locations, detention basin, and all other necessary
information which has been prepared, sealed and signed by a registered
professional engineer for a particular residential, commercial, or
industrial development.
Structure, main or accessory,
shall mean anything built or constructed, whether above or
below grade, which is occupied or intended for supporting or sheltering
any use or occupancy.
Tradesman
shall refer to any person who shall oversee, supervise, manage,
or aid in construction, as regulated by this chapter, but who shall
act under a single function such as mechanical, electrical, plumbing,
landscaping, roofing, and general maintenance work but does not include
individual laborers.
(Ordinance 2090, exh. A, adopted 10/9/2017)
