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out-of-date, no longer appropriate for the current needs of the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