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<br />
<br />
<br />SAN MArD:JS RECORD
<br />
<br />AN ORDINANCE ESTABUSH-
<br />ING A MINIMUM HOUSING
<br />CODE FOR THE CITY OF SAN
<br />MARCOS, . TEXAS; S'rATING
<br />ITS Pt7:RPOSE; SCOPE; EfjTAB-
<br />LISHING MINIMUM STAND-
<br />ARDS;. REQUIRING PERMITS;
<br />PROVIDING. FOR ENFORCE-
<br />MENT;GRANTING RIGHT OF
<br />ENTRY TO AUTHORIZED PER-
<br />SONNEL; PROVIDING FOR NQ-
<br />TIFJ;CATION OF VIOLATIONS;
<br />fROVIDING FOR APPEA1lS;
<br />ESTABLISHING PENALTi~
<br />FOR VIOLATiONS; REPEAL>
<br />ING ANY ORDINANCE OR
<br />PART THEREOF IN CON-
<br />FUCT; PROVIDING AN.EFFEC-
<br />fiVE DATE; AND, PROVIDING
<br />A SAVINGS CLAUSE
<br />
<br />WHEREAS; it has been brought
<br />to the attention 01 the Governing
<br />:Body 01 the City of. San Marcos,
<br />Texas, that there, - now exist cer-
<br />tain buildings whith are unsuited
<br />for human habitation and struc-
<br />tures are being erected for the
<br />purpose of housing humans which
<br />do. not meet the minimum essen~
<br />tial requirements as a dwelling
<br />'j)lace for humans; and,
<br />WHEREAS, the continued con-
<br />struction, alteration or permissive
<br />use of such structures are con-
<br />tributing to slums, environmental
<br />~isease, h~alth. police 'and wel-
<br />fare problems; and,
<br />WHEREAS, it is the belief 01
<br />the GoVerning Body. tha t the best
<br />interest, of a.n of the cjtizens of
<br />San Matcos may. best be serVed
<br />by the' enactment of certain mini-
<br />mum housing standards to pre-
<br />vent the occurance of the prob-
<br />lems ,enumerated above.
<br />NOW, THEREFORJ!), BE IT
<br />ORDAINED by the Governing
<br />llody of the City 01 San Marcos,
<br />Texas,' as follows:
<br />SECTION I TITLE
<br />The provisions con,tained in
<br />the fOllowing sect_i~ns shall
<br />constitute and be ,known as the
<br />San, Marcos Housing Code and
<br />will be 'referred to hereinafter
<br />as "this Code":
<br />SECTION 2 PURPOSE
<br />The purpose of. this Code is to
<br />insure the health;, safety, and
<br />general welfare of the pUblic by
<br />pJ'-ovjdjng certain minimum
<br />standards, of stability, :space,
<br />light and ventilation incident
<br />to 'the 'construction, alteration
<br />Of, repair: of houses,' buHdings
<br />alid structures containing -one
<br />or mOTe ,dwelling l.lnits. The
<br />term "dwelling unit", 'as that
<br />term is used in this Code, shall
<br />mean a house, building, or
<br />structure, or, part of a house,
<br />building or structure, des~gned
<br />or intended far occupancy as a
<br />separate housekeeping unit, in.
<br />'eluding space for sleeping, eat-
<br />ing, and for the preparation 01
<br />food.
<br />SECTIONS SCOPE.
<br />The provisions (Jf this Code
<br />shall apply to all houses, build-
<br />ings ,and structures containing
<br />one or more 'dwelling' units
<br />hereafter constructed or erect-
<br />ed; and to, ,existing hOUEes,
<br />.buiJ.!iings and st~uctureSI' re-
<br />gardless of when constructed or
<br />erected, w h e, n alteratiDns
<br />and/or repairs arc. to 'be made
<br />apptying to thirty (30) peroent
<br />or, more" of the habitable area.
<br />"Habitable area"" as tnat term
<br />is, ',,,,sed in this Code, shall ~p_
<br />ply anci mean an 'area used for
<br />~~,ving, sleeping; and eating pur-
<br />poses. It shall notindu<\e bath-
<br />,rooms. 'utility or storage rooms,
<br />carports,' or garages.
<br />~o provisions ot this Code
<br />shall. be held to deprive any
<br />fed~ral or state agency, or any
<br />municipal authority having ju-
<br />risdiction, or any power 'or
<br />authority which it bad on the
<br />effective date of .this,-orqinance
<br />
<br />or of any remedy then elCisting I
<br />for the ehforeement of. its or,
<br />Q:ers, nor shall it deprive any
<br />jh~lVidua.1 o. r corporation of its'
<br />le,gal tightp by law.
<br />SECTiON 4 APPUCATION
<br />Each .h p U' s e, building, or
<br />structure or part of a house,
<br />building, or structure contain-
<br />ing', or to contain, one' or more
<br />dwelling Lmits" as that te.rm is
<br />herein defined, shall conform
<br />to. the foliowlng. standards.
<br />These are deemed to be mini-
<br />mum standards necessary for
<br />the health, safety, and general
<br />welfare of the pUblk:
<br />
<br />a. Each such dwelling unit
<br />shall contain' a 'minimum
<br />area of five hundred (500)
<br />square feet of' floor. space
<br />permanently enclosed and
<br />roofed.
<br />
<br />b. Each dwelling unit shall
<br />be designed and constructed
<br />to provide a separate room or
<br />compartment in which shall
<br />be provided and instalied a
<br />water closet, lavatory. and
<br />bathtub or shower. It shali
<br />have a permanent floor, other
<br />than earth, a roof, be com-
<br />petely enclosed, and sepa-
<br />rated from the remainder of
<br />such dwelling unit by per:-
<br />manent walls from floor to
<br />ceiling or roof. It shali be di-
<br />rectly connected with the re-
<br />maindE;!r of the' permanently
<br />encloseQ part of such dwell.
<br />ing, unit. Separate rooms may
<br />be ,provjded for. each such fa-
<br />cility provided each' room
<br />conforms to the re uire-
<br />ments hereof.
<br />
<br />c. Each habitable r om, as
<br />heretOfore defined, s all have
<br />at. least one window or o~n-
<br />ing of not lE7sS tha 10 % of
<br />the flQor area of s h room,
<br />and facing ,directly to the
<br />outside to provide -light and
<br />ventilation. Bathroom and
<br />watercloset compartments
<br />shaH comply with. the light
<br />and ventilation requirements
<br />of habitable rooms except
<br />tha t no window or opening
<br />will be required in adequate.
<br />Iy ventilated bathrooms and
<br />watercloset compartments
<br />equipped with an approved
<br />ventilating system and ap-
<br />proved by the Building In-
<br />spector. All such windows
<br />and openings shall be glazed
<br />and have an openable 'area of
<br />at le~st 45 per cent.
<br />
<br />d. Each such dwelling unit
<br />shall, be designed and con-
<br />strUcted to provide for a sink
<br />installed in some part of such
<br />dwelling other than the room
<br />or compartment containing
<br />the, water, closet 01' bathing
<br />faciHties.
<br />e. Each plumbing fixture,
<br />including water clos-efs;' lava-
<br />-tories, bathtubs, showers, an.d
<br />sinks, shall be provided with
<br />running water and shall he
<br />connected by adequate waste
<br />and drainage lines, of a typ~
<br />and design prescribed by
<br />Ordinances of the Ci ty of
<br />San Ma.rcos; to a sanitary
<br />sewer" if availablej or to an
<br />approved septic tank, the de-
<br />sign' and installation of which
<br />is approved by the Plumbing
<br />Inspector of the City of San
<br />Marcos~
<br />SECTION 5. PERMITS
<br />Hereafter, no building permit
<br />shall be issued inVOlving the
<br />construction, erection, altera.
<br />tion, Ot repair of a house, build-
<br />ing, or structure, or part of a
<br />house, building or structure,' as
<br />defined in Section 2 and 3
<br />above, unless plans, specifica.
<br />Hems, or a written' statement- of
<br />the applicant accompany the
<br />application for such :per,mit
<br />
<br />showing that !be re<ju.iJ'!linents
<br />of this Code are to IJ(! complied
<br />with.
<br />
<br />SECTION 6 ENFORCEMENT
<br />The enforeeti1<!nt of this Code
<br />is hereby invested in the Build-
<br />ing Inspector or his authorized
<br />representative.
<br />SECTION 7 RIGHT OF EN-
<br />TRY
<br />The Building Inspector or IUs
<br />duly authorized representative,
<br />in enlorelngthe provisions 0111
<br />this Code, may enter any house,
<br />building, or structure in the I
<br />City to perform any duty Im-
<br />posed upon him by this Code I
<br />during the hours from 7 a.m.
<br />to 7 p.m.
<br />SECTION 8 VIOLATIONS - I
<br />Whenever the Building In-
<br />spector shall find' any house, I
<br />building or structure, which
<br />falls within the -scope. of this
<br />Codel to be deficient or in vio-
<br />lation ,of the provisions, of this
<br />Code,- he shall give the 'owner,
<br />agent; ,or person in control of
<br />such house or. structure writ-
<br />ten notice within twenty-four
<br />hours stating the deficiency or
<br />violation as the case may ,be,
<br />and requiring correctjon of the
<br />defic~ency or violation within
<br />thirty days.
<br />SECTION 9 APPEALS
<br />Whenever it is claimed that
<br />the true intent or meaning of
<br />this .Code Or any of. the regula-
<br />tions ther~under !lave been
<br />n::Qsconstrued or wrongly inter-
<br />'\preted, the owner, or his duly
<br />~uthorized representative, may
<br />ppeaI from the decision of the
<br />uilding Inspector to the City
<br />Cunei!. Notice to the Counoil
<br />sh be in writing and shaJI be
<br />fil d with the City Secr.etary
<br />within thirty days alter the de-_
<br />cision is rendered by the Build-
<br />ing Inspector.
<br />SECTION 10 PENALTIES
<br />Any person Violating any of
<br />the, provisions of this Code
<br />shall be deemed guilty of a mis-
<br />demeanor, and - eaeb-' person
<br />shall be deemed !uilty of a sep-
<br />arate offense during which any
<br />violation of any of the pro":
<br />vi8~ong of this Code is com.
<br />fr?itteif, 'continu~d~' or permit..
<br />ted, and upon conviction of any
<br />such violation, such persOn
<br />shall be punishable by a fine
<br />01 not less -than Five Dollars
<br />($5;00) "or more than Two
<br />Hundred DolIars ($200.0<1).
<br />SECTlOIIi 11 REPEALING
<br />ORDINANCES IN CONE'LICT
<br />
<br />AH other Q1!4inanees or parts
<br />of' Ordinance's in, conflid with
<br />this Ordinance are hereby re-
<br />pealed;
<br />SECTION 12 S A V I NGS
<br />CLAUSE
<br />
<br />If anl' part of this Ordinance
<br />is, Pt.olwuld. be 'hekl . inVlllid
<br />for an)' reaoofl,. then that fact
<br />shall not jnvali<'law the enUt.e
<br />Ordinanoe; \jut the.. balance 01
<br />tJois Ordinance shall remain in
<br />lull force and e!lect,
<br />
<br />SEe TI 0 N 13 EFFECTIVE
<br />DATE
<br />
<br />This Ordinance sM II . be in
<br />f.ull fotce. and eUect upon its
<br />passage and legal publica tiOn.
<br />
<br />Pi\.SSED, APPROVED, AND
<br />ADOPTED t]1ls the 28 day of
<br />May, A.D., 1963. .
<br />Isl Frank Taylor
<br />Mayor
<br />(SEA L)
<br />ATTEST
<br />Is/ Dorothy O. Worrell
<br />City Secretary
<br />
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