O-76-290 - 10/18/1976ORDINANCE NO. .,., q
AN ORDINANCE ESTABLISHING A BOARD OF ADJUSTMENTS
AND APPEALS, SETTING THE TERM OF OFFICE OF THE
MEMBERS THEREOF, ESTABLISHING A QUORUM, ESTAB-
LISHING TIME LIMITS FOR APPEALS, PROVIDING FOR
REPEAL OF ORDINANCES OR RESOLUTIONS IN CONFLICT
HEREWITH TO THE EXTENT OF THE CONFLICT.
WHEREAS, the City Council of the City of Round Rock,
Texas, has by ordinance passed and adopted the following
codes: National Electrical Code, Standard Plumbing Code,
Standard Fire Code, Standard Mechanical Code, Standard
Building Code, Standard Gas Code, Standard Housing Code,
and Southern Standard Swimming Pool Code; and
WHEREAS, the City Council of the City of Round Rock,
Texas, wishes to create a single Board of Adjustments and
Appeals to hear requests for variances and for appeals from
decisions of the City Official whose duty it is to enforce
the provisions of the Codes set forth above;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ROUND ROCK, TEXAS:
Section 1:
There is hereby established a Board to be called the
Board of Adjustments and Appeals, which shall consist of
seven (7) members. The said Board shall be appointed by
the City Council of the City of Round Rock, Texas.
Section 2:
The term ,of the first three (3) members appointed shall
expire simultaneously with the expiration of the terms of
the members of the City Council whose terms end in April of
1977. The term of the next four (4) members appointed
shall expire simultaneously with the expiration of the
terms of the members of the City Council whose terms expire
in April of 1978. Beginning with those members appointed in
April of 1977, all members shall be appointed for terms of
two (2) years. Vacancies shall be filled for an unexpired
term in the manner in which original appointments are re-
quired to be made. Continued absence of any member from
regular meetings of the Board shall, at the discretion of
the City Council, render any such member liable to immediate
removal from office.
Section 3:
Four (4) members of the Board shall constitute a quorum.
In varying the application of any provisions of any of the
Codes set forth above or in modifying an order of the City
Enforcing Official, affirmative votes of the majority present,
but not less than three (3) affirmative votes shall be
required. A Board member shall not act in a case in which
he has a personal interest.
Section 4:
The Building Official shall act as Secretary of the
Board of Adjustments and Appeals and shall make a detailed
record of all of its proceedings, which shall set forth
the reasons for its decisions, the vote of each member
participating therein, the absence of a member, and any
failure of a member to vote.
Section 5:
The Board shall establish rules and regulations for its
own procedure not inconsistent with the provisions of any
of the Codes enumerated above. The Board shall meet at
regular intervals, to be determined by the Chairman, or in
any event, the Board shall meet within ten (10) days after
notice of request for variance or appeal has been received.
Section 6:
(a) Whenever a City Enforcing Official shall reject
or refuse to approve improvements to be made under the
above enumerated Codes or fails or refuses to issue any
city permit required under the above enumerated Codes,
or when it is claimed that the true intent and meaning
of said Codes or any other regulations thereunder have
been misconstrued or wrongly interpreted, the owner of
any such improvements, building or structure, or his duly
authorized agent, may appeal from the decision of the
City Enforcing Official to the Board of Adjustments and
Appeals. Notice of Appeal shall be in writing and filed
within ninety (90) days after the decision is rendered
by the City Enforcing Official. A fee of Ten and No/100
Dollars ($10.00) shall accompany such Notice of Appeal.
(b) In the event that a City Enforcing Official
deems a structure or building unsafe or dangerous or if in
the opinion of a City Enforcing Official circumstances
surrounding the improvements to be made under one of the
above enumerated Codes is unsafe or dangerous, said City
Enforcing Official may, in his order, limit the time for
such appeal to a shorter period. Appeals hereunder shall
be on forms provided by the various City Enforcing Offi-
cials.
Section 7:
The Board of Adjustments and Appeals, when so
appealed to and after a hearing, may vary the application
of any provision of this code to any particular case when,
in its opinion, the enforcement thereof would do manifest
injustice, and would be contrary to the spirit and purpose
of this Code or public interest, or when,, in its opinion
the interpretation of the City Enforcing Officials should
be modified or reversed.
A decision of the Board of Adjustments and Appeals
4
to vary the application of any provision of t -Code or
to modify an order of any City Enforcing Official shall
specify in what manner such variation or modification is
made, the conditions upon which it is made and the reasons
therefor.
Section 8:
(a) Every decision of the Board of Adjustments
and Appeals shall be final, subject, however, to such remedy
as any aggrieved party might have at law or in equity. It
shall be in writing and shall indicate the vote upon the
decision. Every decision shall be promptly filed in the
Office of the City Enforcing Official, and shall be open to
public inspection; a certified copy shall be sent by mail
or otherwise to the appellant and a copy shall be kept
publicly posted in the Office of the City Enforcing
Official for two (2) weeks after filing.
(b) The Board of Adjustments and Appeals shall, in
every case, reach a decision without unreasonable or
unnecessary delay.
(c) If a decision of the Board of Adjustments and
Appeals reverses or modifies a refusal, order or dis-
allowance of a City Enforcing Official, or varies the
application of any y provision of INI,t Code, the City
Enforcing Official shall immediately take action in
accordance with such decision.
Section 9:
Definitions:
City Enforcing Official - the officer or other
designated authority charged with the administration and
enforcement of the Codes set forth in this ordinance, or
his duly authorized representative.
Owner - any person, agent, firm or corporation
having a legal or equitable interest in the property.
Permit - an official document or certificate issued
by the authority having jurisdiction authorizing performance
of a specified activity.,
Written Notice - a notification in writing delivered
in person to the individual or parties intended, or
delivered at, or sent by certified mail or registered mail
to the last residential or business address of legal record.
Section 10:
All ordinances or resolutions in conflict herewith
are expressly repealed to the extent of such conflict.
READ, PASSED, AND ADOPTED this day of October,
1976.
ATTEST:
j9)ANNE LAND;" ty Secretary
RAYL 1%0 ?Mayor
City of Round Rock, Texas