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HomeMy WebLinkAboutOrdinance 3682ORDINANCE NO. 3682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TEMPORARILY SUSPENDING FEES IMPOSED UNDER APPENDIX A, FEE SCHEDULE, CHAPTER 98, OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES FOR INSPECTION FEES AND HOME REPAIRS RELATED TO THE FEBRUARY 15, 2021 TARRANT COUNTY DECLARATION OF DISASTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on February 12, 2021, pursuant to Section 418.014 of the Texas Government Code, the Governor of the State of Texas declared a state of disaster in all 254 counties in Texas due to severe winter weather; and WHEREAS, on February 15, 2021, the County Judge of Tarrant County declared a local state of disaster for all of Tarrant County, including the City of North Richland Hills; and WHEREAS, the citizens and businesses of the City of North Richland Hills have suffered damage to property resulting from the winter storm that impacted Tarrant County; and WHEREAS, the North Richland Hills City Council has determined that measures must be taken to mitigate the financial impact to North Richland Hills citizens and to protect or rehabilitate property; and WHEREAS, the North Richland Hills City Council now desires to temporarily suspend certain building permit and inspection fees as set forth in Appendix A, Fee Schedule, if the repair work is related to the February 2021 winter storm; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The recitals set forth above are found to be true and correct and are incorporated herein into this Ordinance. SECTION 2. The following fees found in Appendix A, Fee Schedule, Chapter 98 of the City of North Richland Hills Code of Ordinances shall be temporarily Ordinance 3682 Page 1 of 4 waived for any repair to a home or business caused by the February 2021 winter storm: (a) The $43 flat fee for plumbing for a residential or commercial water line repair (Appendix A, Chapter 98, Table 4, Category 6, Line 14); (b) The $39 flat fee for simple repair to a home that suffered water damage such as replacement of sheetrock (Appendix A, Chapter 98, Table 1(b), Line 3); (c) The $39 base fee for larger repairs to a home that suffered water damage involving sheetrock replacement and reinstallation of electrical, mechanical and/or plumbing (Appendix A, Chapter 98, Table 1(b), Line 4); (d) The $39 base fee for major repairs to a home that suffered severe water damage involving more than 25% of the home's building area (Appendix A, Chapter 98, Table 1(b), Line 5); (e) A $39 permit fee discount applied to repairs of a commercial buildings (Appendix A, Chapter 98, Table 1(a)). SECTION 3. The Chief Building Official may waive or refund fees not listed herein if the permit is necessary to repair damage to property caused by the February 2021 winter storm event. SECTION 4. It shall be the responsibility of the Chief Building Official, or his designee, to determine if the requested building permit is a result of damage caused by the February 2021 winter storm event. SECTION 5. This waiver of fees shall be applied to all winter storm related permits and inspections applied for between February 15, 2021 and May 14, 2021 ("Suspension Period"). All permits and inspections applied for after May 14, 2021 shall pay the full permit fee as outlined in Appendix A, Fee Schedule, Chapter 98 of the City of North Richland Hills Code of Ordinances. SECTION 6. The Chief Building Official may refund fees already paid during the Suspension Period for building permits and inspections related the February 2021 winter storm event. SECTION 7. Fee waivers and refunds shall be for the benefit of the North Richland Hills homeowner, tenant, or property owner. SECTION 8. All otherfees setforth in AppendixA not modified herein in this Ordinance remain unchanged and in full force and effect. Ordinance 3682 Page 2 of 4 SECTION 9. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 10. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 12. This ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 8th day of March, 2021. NO 0M I: 14- 29W14:IIII�'� Oscar ATTEST: Alicia Richardson =p••., City Secretary/Chief qJR Ordinance 3682 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Co tock, Director of Planning Ordinance 3682 Page 4 of 4