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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(1) For any part of a building specifically identified or characterized in the Historic Resources Survey as not historic or non-contributing, a demolition permit may immediately be approved and issued without the requirement of notice under subsection (c). (2) If the applicant for a demolition permit seeks to demolish or remove any part of a building that is not so identified or characterized in the Historic Resources Survey, the applicant may request a hearing before the historic preservation commission for a determination whether such part of a building is of historic significance or contributes to the historic significance of the building of which it is a part. In such event, notice of the hearing and of the initial request will be provided in accordance with subsection (d). At the hearing, the commission shall evaluate the request by applying the same criteria for consideration of a certificate of appropriateness under chapter 2, article 5, division 5 of subpart B of the San Marcos City Code. If the commission finds that the part of the building is not of historic significance or does not contribute to the historic significance of the building of which it is a part, a demolition permit may immediately be issued without further notice. (h) The requirements of this section shall not apply to the demolition of a building, or part of such building, the condition of which is determined by the chief building official or the fire marshal to be an imminent threat to public safety. (i) It is a violation of this section to demolish or remove a building described in subsection (b), or part of such building, without having been issued a permit from the city specifically authorizing the demolition or removal. A person who violates this section shall be subject to a fine not to exceed $2,000.00. A culpable mental state is not required to establish a violation of this section. (j) In addition to the assessment of any criminal penalties, the city may pursue any remedies available at law or in equity, including injunctive relief, to enforce the provisions of this section. (k) If any word, phrase, clause, sentence, or paragraph of this section is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this section will continue in force if they can be given effect without the invalid portion. (1) All ordinances and resolution or parts of ordinances or resolutions in conflict with this section are repealed. (Ord. No. 2019-19 , §§ 1-11, 6-27-19; Ord. No. 2019-32 , §§ 2-12, 9-30-19) Secs. 14.013-14.025. Reserved. ARTICLE 2. BUILDING CODE Sec. 14.026. Amendments. The International Building Code 2021 Edition adopted by section 14.002 is amended as follows: Section 101.5 is added to read as follows: Section 101.5 Nothing within this code shall be construed as limiting the application and enforcement of this code in areas such as Extra -territorial Jurisdiction (ETJ) as may be allowed by local, state, or federal laws, ordinances, or codes. Section 101.5.1 Any project located in the Extraterritorial Jurisdiction that will be provided water, wastewater or electric utilities by the City of San Marcos is required to obtain a building permit and comply with all applicable building code requirements. Section 103 is deleted. (Supp. No. 35, Update 4) Page 5 of 44 Created: 2022-12-02 10:13:41 [EST]