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HomeMy WebLinkAboutOrdinance No. 354 CITY OF THE COLONY, TEXAS ORDINANCE NO. 0{)~Sc~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 6 RELATING TO BUILDINGS, CONSTRUCTION AND RELATED ACTIVITES BY ADDING NEW DEFINITIONS TO SECTION 6-80 AND BY ADDING NEW SECTION 6-96; PROVIDING FOR THE PROHIBITION OF MANUFACTURED HOUSING AND MANUFAC- TURED HOMES; PRESERVING ALL OTHER PARTS OF CHAPTER 6 OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN : TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 6 of the Code of Ordinances of the City of The Colony, Texas (the "City") relating to buildings, construction and related activities is hereby amended by adding definitions to Section 6-80, as follows: "HUD-code manufactured home: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required ~,~tilities, and includes the plumbing, heating, air-conditioning and electrical systems. "Installation: When used in reference to manufactured housing, 'installation' means the transporting of manufactured homes or manufactured home components to the place where they will be used by the consumer, the construction of the foundation system, whether temporary or permanent, and the placement and erection of a manufactured home or manufactured home components on the foundation system, and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expand- able sections or components, the installation of air conditioning, and minor adjustments. "Manufactured housing or manufactured home: An HUD-code manufactured home, a mobile home, or a modular home and collectively means and refers to all three. "Mobile home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- conditioning, and electrical systems. "Modular com~)onent: A structural portion of a residential dwelling that is constructed at a location other than the homesite in such a manner that its construction cannot be adequately inspec.ted for code compliance at the homesite without damage or without removal of a part thereof and reconstruction. "Modular home: A dwelling that is ~onst~ucted in one or more modules at a location other than the homesite, or is constructed utilizing cne or more modular components, and which is designed to be used as a permanent residence when the modular components or modules are transported to the homesite and are joined together, or are erected, and installed on a permanent foundation system. ~ The term includes the plumbing, heating, air-conditioning, and electrial systems. It is expressly provided, however that the term modular home shall not mean nor apply to: (i) housing constructed of sectional or panelized systems not utilizing modular components; (ii) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location; and (iii) any dwelling constructed in modules incorpo- rating concrete as the basic and predominant structural compo- nent.'' Section 2. That Chapter 6 of the Code of Ordinances of the City of The Colony, Texas is hereby amended by adding new Section 6-96 which shall read as follows: "Sec. 6-96. Manufactured housing and manufactured homes. ~ "It shall be unlawful for any person, partnership, corporation or other entity recognized in law, to install, move or relocate any manufactured housing or manufactured home within the corporate limits of the City." Section 3. This ordinance shall be cumulative of all other ordinances of the City affecting building, construction and related activities, and shall not repeal any of the provisions of said ordinances exoept in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4. If any section~ article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be deemed committed upon each day or on which a violation occurs or continues. Section 6. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance sh~l become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED on the ~-~ day of ~ , 1985. ATTEST: ity The Oolony, Texas [SEAL] APPROVED AS TO FORM: City Attorne , c~ ~f--~-~e~ Colon Te~(as