Ord 2023-009/Amending Ch 14 Bld and Bldg regulations and chapter 38 Fire Prevention and Protection of City of SM Code of Ordinance to adopt the 2021 International code ICC Family codes and the 2020 National Electric code with amendments

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At least 48 hours prior to the impending construction activity, the Building Official may require the contractor to provide written notification to surrounding properties. (c) A person who violates this section commits a misdemeanor and is subject to a fine of not less than $250.00 upon conviction. The Building Official may issue a stop work order for non-compliance with this section. ( Ord. No. 2015-21, § 1, 7-7-15 ) Sec. 14.012. Demolition of medium or high preservation priority buildings. (a) The requirements of this section are in addition to all other requirements pertaining to the demolition or removal of buildings in the city under applicable ordinances, laws and regulations. (b) No building nor any part of a building that is identified as a medium or high preservation priority property within the boundaries of the My Historic SMTX historic resources survey approved by the city council on September 3, 2019 (the "Historic Resources Survey") or, if located outside the boundaries of the Historic Resources Survey, that is at least 80 years of age, may be demolished or removed unless a permit authorizing such demolition or removal has been issued by the city. (c) The request or application for a permit authorizing the demolition or removal of a building described in subsection (b), or part of such building, shall include the address and a detailed description of the building, or part of such building, proposed to be demolished or removed, together with color photographs of all exterior elements of the building. (d) Before the city may issue a permit authorizing the demolition of any building described in subsection (b), or any part of such building, the city will provide notice to the public of the proposed demolition or removal by: (1) Posting notice in a conspicuous manner on the city's official website and continuously maintaining such notice on the website until a permit is issued by the city authorizing the demolition or removal, or the request for demolition or removal is withdrawn; (2) Sending written notice by regular mail to the owners of real property located within 400 feet of the tract of land or lot on which the building, or part of such building, subject to demolition or removal is situated as determined by the most recent published tax roll of the county tax assessor -collector; (3) Sending written notice by regular mail, or by email if requested, to the Council of Neighborhood Associations ("CONA") and any individual neighborhood or property owners' associations registered with the city to receive such notices; (4) Sending written notice by regular mail, or by email if requested, to any other persons registered with the city to receive such notices; and (5) Sending written notice by email to the members of the city's Historic Preservation Commission, the members of the Hays County Historical Commission, and the President of The Heritage Association. (e) The person or applicant requesting the demolition or removal shall pay in advance all costs associated with providing the notices required under subsection (d). The costs associated with providing such notices shall be waived for applications to demolish homestead property. (f) The city shall not issue a permit authorizing the demolition or removal of any building described in subsection (b), or part of such building, until at least 90 days have passed since the date that the last notice required under subsection (c) was posted or sent. For purposes of this section, the date notice is placed in the mail or that the sender enters the send command for email shall be considered the date notice is sent. (g) Subject to compliance with any other applicable ordinances, a permit may be approved and issued authorizing demolition or removal of any part of a building described in subsection (b) before the end of the 90 -day period under subsection (f) as follows: (Supp. No. 35, Update 4) Page 4 of 44 Created: 2022-12-02 10:13:41 [EST]