G-06-09-28-13D1 - 9/28/2006ORDINANCE NO. 07 t "0(34- I3b
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTION
5.100 BY ADDING SUBSECTION 5.105 REGARDING
ENFORCEMENT; AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 5, Section 5.100, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to add
Subsection 5.105 to read as follows:
SECTION 5.100 FIRE CODE
5.105 ENFORCEMENT
In addition to other authority granted in this Code, the Fire Chief and any member of the Fire
Department designated by the Fire Chief, shall be the enforcement officials for this Chapter.
These officials, along with peace officers, shall have the authority to act on behalf of the City and
the Fire Department in investigating complaints, issuing stop work orders, summarily abating
violations at the owner's or occupant's expense, closing establishments pending corrective action,
issuing citations and taking other lawful actions as required to enforce the provisions of this
Chapter.
These officials shall have the authority to order an operation or use to be stopped, or the evacuation
of any area, premises, building or vehicle or portion thereof, which contains or is a fire hazard
or when it is determined to be necessary in the interest of public safety or the safety of emergency
personnel. It shall be unlawful for any person to refuse to evacuate upon such order, to resist or
obstruct the evacuation of another person, or to refuse or resist an order to stop an operation or
use. 'These officials shall have the authority to order the disconnection of utilities to a building or
portion thereof to alleviate an immediate and imminent threat to life or property that is occurring
in violation of this Chapter or to alleviate a fire or life safety hazard that is causes an immediate
threat to a building or person. It is unlawful for any person to resist, interfere with or refuse to
comply with an order issued under this Chapter. Such an order may be verbal or in writing.
These officials, along with peace officers, shall also have the authority to issue citations for
vehicles parked within 15 feet of a fire hydrant in violation of Section 545.302 of the Texas
Transportation Code. Any vehicle found parked in violation of that Section or Section 5.103 of
this Chapter regarding Fire Lanes may be removed and impounded at the direction of these
officials or a peace officer and any expenses incurred by such removal or impoundment shall be
the responsibility of the owner or operator of the vehicle.
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II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this o20' day
, 2006.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2006.
READ, APPROVED and ADOPTED on second reading this the
day of , 2006.
2
AT
R
, Mayor
of Ra nd Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
3
DATE: September 21, 2006
SUBJECT: City Council Meeting - September 28, 2006
ITEM: 13.D.1. Consider an ordinance amending Section 5.100, Fire Code,
regarding enforcement of fire code violations. (First Reading)
Requires two readings
Department: Fire
Staff Person: William Wusterhausen, Fire Marshal
Justification:
Staff recommends the adoption of section 5.105 ENFORCEMENT into the local City
Ordinances. This ordinance will allow the Fire Prevention Inspectors to effectively issue
citations for fire code violations and to cause the removal of vehicles blocking fire hydrants.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The Fire Prevention Inspectors are responsible for fire code enforcement. When an
inspector identifies fire code violations, the inspector informs the owner and/or occupant
that the violations must be corrected, and gives a deadline for performing those corrections.
When numerous inspections have been performed with little or no progress towards
compliance, or when a serious violation or repeated violation occurs, the inspector may take
steps to correct the problem(s). One of the tools the inspector may utilize in achieving
compliance is the issuance of a citation. For the Fire Inspectors who are not Peace Officers,
they must then complete additional paperwork for the citation. The adoption of this
ordinance will allow the non -peace officer a more streamlined process for the issuance of
citations for fire code violations. This ordinance also allows Fire Inspectors to issue citations
and/or order the removal of vehicles parked within 15 feet of a fire hydrant (Texas
Transportation Code).
Public Comment: N/A