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HomeMy WebLinkAboutORD 900210 - Same Right of EntryORDINANCE NO. AN ORDINANCE AMENDING SECTION 6-4 "SAME -RIGHT OF ENTRY" OF CHAPTER 6 "BUILDINGS AND CONSTRUCTION" OF THE CITY OF GEORGETOWN CODE OF ORDINANCES TO PROVIDE FOR ADDITIONS AND DELETION, AND AMENDMENTS THERETO FOR PURPOSES OF CONFORMITY TO STATE LAW, EFFICIENCY IN MANAGEMENT AND OPERATIONS, AND COMPLIANCE WITH CURRENT PRACTICES OF THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, has previously recognized that many provisions of the City Code are out-of-date, no longer appropriate for the current needs of the City, and, in certain circumstance, not in conformance with applicable law; WHEREAS, in light of this recognition, the City Council approved the process of recodification of the entire City Code, including addressing the obsolete provisions WHEREAS, as a part of this review and process, the following items contained in the Ordinance have been identified as those that need to be modified, added, or deleted as provided hereafter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. The Council adopts the recitals set forth above as true and correct and are adopted herein verbatim as if fully set forth at length. SECTION II. That Section 6-4, "Same -Right of Entry", of Chapter 6, "Buildings and Construction", is hereby amended to read as follows. "Section 6-21. Right of Entry for Inspection. (a) Whenever any officer or employee of the City is authorized to enter any building or premises for the purpose of making an inspection to enforce any ordinance, he may enter such building or premises at all reasonable times to inspect the same; provided, that he shall effect entry in the manner provided in Section 2 of this ordinance, except in emergency situations, or when consent of the person having charge or control of such building or premises has been otherwise obtained. (b) If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entryl and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If consent to such entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry. (c) This ordinance shall be controlling over any other ordinance or part of an ordinance on the same subject, whether heretofore or hereafter adopted, unless such ordinance or part of an ordinance provides differently by an express reference to this ordinance. Notwithstanding any other ordinance of this city, whether heretofore or hereafter adopted, it shall not be a violation of ordinance to refuse or fail to consent to an entry for inspection® SECTION III. All Ordinances, parts of Ordinances, or Resolutions in conflict herewith are expressly repealed to the extent of such conflict. SECTION IV. If any article, provision, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of the remainder of this Ordinance. SECTION V. This Ordinance shall become effective upon Second Reading and Final Passage thereof. READ, PASSED AND APPROVED on First Reading this 27th day of March, 1990. READ, PASSED AND APPROVED on Second and Final Reading this 10th day of April, 1990. Tim ATTEST: y, /Mayor Leslie Barone Grego -ire Deputy City Secretary