O11ORDINANCE NO. 11
AN ORDINANCE GOVERNING AND REGULATMG THE CONSTRUCTION, ERECTION,
SITUATING, ESTABLISHING, LOCATING, RE,LOCATING.IREMODELING, ALTER-
ATION, REPAIRING AND REBUILDING OF BUILDING AND STRUCTURES IN THE
(CITY OF KENNEDALE, TEXAS; DEFINING CERTAIN TERMS AS USED IN THIS
ORDINANCE; CREATING TEE OFFICE OF BUILDING COMMISSIONER AND DEFIN-
ING TES DUTIES OF SAID OFFICE; PROVIDING FOR THE AFFIXING OF NOTICE
TO ALL UNSAFE BUILDINGS, STRUCTURES OR PARTS THEREOF, THE CONDITION
BEING SUCH AS TO ENDANGER Ta PUBLIC OR OCCUPANTS THEREOFIWITH
FURTHER PROVISIONS THAT ANY PERSON REMOVING OR DEFACING SUCH NOTICE
SO APPLIED SHALL BE DRRKED GUILTY OF A MISDEMEANOR, AND UPON CON-
VICTION THEREOF SHALL BE FINED NOT LESS THAN $10.00 NOR MORE THAN
$100.00; PROVIDING FOR AUTHORITY OF BUILDING COaSSIONER; REQUIR-
ING A BUILDING PERMIT EXCEPT IN CERTAIN SPECIE0IED CASES, PROVIDING
FOR APPLICATION. FOR PERMIT; DRAWING AND PLANS ISSUANCE AND REFUSAL
TO ISSUE PERMIT; PROVIDING FOR SPECIRICATIONS OF DWELLING HOUSES TO
BE ERECTED ALTERED OR REPAIRED; PROVIDING -FOR CERTAIN SPECiL'IED
REASONS FOR REFUSING TO ISSUE SUCH PERMIT; PROVIDING FOR PERMIT FEE
AND FURTHER PROVIDING FOR ISSUANCE OF CERTIFICATE OF OCCUPANCY; PRO-
VIDING FOR REVOCATION OF PERMITS BY BUILDING COMMISSIONER AND AFFIX-
ING SUCH NOTICE OF SUCH REVOCATION AND FURTHER FROVIDING THAT ANY
PERSON REMOVING OR DEFACING SUCH NOTICE SO APPLIED SHALL BE DEEMED
GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL BE FINED
NOTLESS THAN $10.00 NOR MORE THAN $100.00; CONTAINLNG A SAVINGS
CLAUSE; FURTHER PROVIDING UNLESS A PENALTY IS OTHERWISE SPECIFIED
}MEIN FOR VIOLATIONS OF CERTAIN SPECIFIC PROVISIONS OF THIS ORDI-
NANCE, ANY PERSON, FIRM COMPANY OR CORPORATION, THEIR AGENTS, SERVANTS
OR EMPLOYEES VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL
BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL BE LIABLE TO A FINE AND
UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT EXCEEDING $100.00,
AND EACH DAY ANY. SUCH VIOLATION EXISTS SHALL CONSTITUTE A SEPARATE AND
DISTINCT OFFENSE; REPEALING AIL EXISTING ORDINANCES IN CONFLICT HEREWITH
AND DECLARING AND EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, existing ordinances of the City of Kennedale, Texas, are not adequate to
regulate the Construction, erection and alteration of buildings and structures within
the said City; and,
WHEREAS, for the immediate preservation of the public health, safety and pro-
perty that further provisions be immediately enacted relating to the construction, erec-
tion and alteration of buildings and structures in order that all buildings and struc-
tures hereafter erected, constructed or altered shall conform to all reasonable re-
quirements;
NOW THEREFORE, BE IT ORDAINED BY
CITYJCOUNCIL OF THE CITY OF KENNEDALE, TEXAS:
1.
For the kpurpose of this Ordinance, certain words and tennis are herewith defined
as follows:
A. The word "PERSON" as used in this ordinance shall be constructed to impart
the singular and plural as the case demands, and shall include corporations, companies,
societies and associations, and any agent or representative thereof.
B. The word "STRUCTURE" as used in this ordinance shall mean any building con-
structed or installed by man (incimding, but without limitation, fence, post, pole,
house, bridge, driveway or passageway, transmission lines, barn, shedx, tree, tank,
advertising sign, advertising billboard, space or equipment or facilities).
C. The word ',ALTERATION" as used in this ordinance shall mean any change,
addition or modification in construction or character of any structure or grade of
occupancy.
2.
ORGANIZATION
A. OFFICE CREATED.
There is hereby created in the City of Kennedale, Texas, the office of Building
Commissioner and such officer is being charged with the duty of enforcing the provisions
of this code.
B. QUALIFICATIONS.
The Building Commissioner must be a person competent to
and purpose of this code and shall be appointed by the Mayor
consent of the City Council and shall be paid such salary or
rendered as determined by the City Council of Kennedale, and
in such amount as the City Council may require.
3.
DUTIES OF BUILDING COMMISSIONER
A. CODE ENFORCEMENT.
carry out the intent
with the advice end
fees for services
shall furnish a bond
It shall be the duty of the Building Commissioner to enforce all the conditions
of the building code; provided that:until such time as the City Council can secure
the services of a Building Commissioner duly qualified to enforce the provisions of
this code,the enforcement hereof shall be placed with such other person or persons
as the City Council may designate, who shall be vested with all of the powers and
duties as is provided herein for the said Building Commissioner.
7 B. RECORDS.
It shall be the dmty of the Building Commissioner to keep a record of all
applications for permits, which shall be regularly numbered in order of their
issuing and filing.
Also a record shall be kept showing the number, description and size of each
building erected in Kennedale during the term of his office, of what material
constructed, the aggregate of the number, kind and cost of all buildings, the in-
spection, removal and condemnation of buildings and all other matters to be recorded.
C. PERSONAL INSPECTION.
It shall be the duty of said Building Commissioner, upon being served with a
notice requiring him to visit and inspect any building upon which any work is being
done, under any of the provisions of this code, to do so.
D. CERTIFICATES AND NOTICES.
It shall be the duty of the Building Commissioner to sign all certificates and
notices required to be issued under this code, and to keep proper book records of
same; also he shall keep a register of all transactions of his office, and submit to
the Mayor a monthly statement of all such transactions.
E. EXAMINATION OF BUILDINGS.
The Building Commissioner shall examine all buildings, or cause the same to be
examined, upon or in which work is being done k under the provisions of this code, as
often as practicable, and make a record of all violations of same, together with the
street and number where such violations are found, the name of owner, lessee, occupant,
architect and bhil.ding, and all other matters relating thereto.
It shall be the duty of the BTtiiding Commissioner to examine, or cause to be
examined, all buildings reported to be dangerous or damaged by fire or accident, and
to make a record of such examination, including the nature of the damage, with the name
of the street and the number of the buildings, as well as the name of the owner. He shall
also examine or cause to be examined, allkbuildings under application to be moved,.
raised, enlarged, altered or built upon, if considered necessary, and to make a record
of the condition of same. Such records shall always be open to the inspection of the
public.
F. "NOTICE OF DANGER.
Nhenever the Building Commissioner has knowledge of any unsafe buildings structures
or thereof, the condition be' dung
g� suf�ias to end:ar�er,,,the public or e occ
0f
such buildingror structure, it shall, be his duty to affix a notice of the dare
character of the building or structure in a conspicuous place on the exterior Thereof
and any person removing or defacing such notice so appliedt shall be sr b 'ect. upon con—
viction thereof, to a_fin.e of not less than Ten Dollars iOiOO) and not more an ne
Hun ed Dollars ($10O.00).���
4.
AUTHORITY OF BUILDING COMMISSIONER
A. BOARD OF APPEALS.
The Building Commissioner shall pass on all questions arising under this
ordinance; in case of dissatisfaction with his decisions, except in regard to in-
secure and unsafe buildings requiring immediate action, the question in dispute
may be referred to the City Council and a decision of the said City Council shall
determine the issue.
Appeals from the decision of the Building Commissioner shall be taken within
ten (10) days after such decision is made by filing with the Building Commissioner
a notice of appeal in writing, stating specifically the question or questions which
the appellant desires to have passed on.
The Btty Council shall have power to pass upon the true intent and meanie- of
the several provisions of this ordinance, and also when it is claimed that an equally
good or more desirable form of construction or materials can be employed in any
specific case, to permit the same if concurred in by a majority of said City Council,
but the said City Council shall not otherwise have power to modify any other pro-
visions of this code while sitting in the capacity of a Board of Appeals.
Any person appealing from a decision of the Building Commissioner shall in
every case be required to pay to the City Secretary afee of $20.00 at the time of
giving notice of such appeal, said fee to be returned to said applicant in case the
decision of the Board of Appeals sustains his contention. In case such appeal is
not sustained, such money shall be retained by the City. All rulings and decisions
of the City Council sitting as a Board of Appeals shall be binding upon all parties
and it shall be the duty of the Building Commissioner to carry them into effect.
B. IMMEDIATE DECISIONS.
Where aasituation requires an immediate decision, that of the Building Com-
missioner shall be final and conclusive.
C. TRANSFER OF AUTHORITY.
In the absence of the Building Commissioner, the City Council shall designate
some person or persons, to act in his place and when so designated such person shall
exercise all powers and duties of the Budlding Commissioner.
D. TESTS AND INSPECTION.
The Building Commissioner and his regularly authorized assistants are hereby
given authority to make such tests as may be necessary to determine the safety of
condition of any building or machinery which it becomes their duty under the pro-
visions of this code to inspect.
E. POLICE POWER.
For the purpose of enforcing the provisions of this code or detecting violations
thereof, the Building Commissioner or any assistant Building Commissioners are hereby
vested with full police power and authority in the execution of their duties.
F. SPECTAT, CASES.
The Bui l ding Commissioner shall have full power to exercise his own judgment
in a reasonable and proper manner and rule accordingly on all special cases in regard
to any of thematters and things in this code and specifically covered thereby.
G. PENALTY FOR VIOLATION.
(a) Unless a penalty is otherwise provided herein, for a violation of certain
provisions of the code, then any person, firm, company or corporation, their agents,
servants or employees violating any of the provisions of same, where a penalty'is not
otherwise provided, shall upon conviction in the Corporation Court be fined in any
sum not exceeding One Hundred (p100.00) Dollars for each and every day that any person
shall fail, omit, neglect or refuse to do any act required by the terms of this code,
or if they shall do any act in violation of the terms of this code, they shall be
subject to the penalty herein provided for, not exceeding One Hundred ($100.00)
Dollars. Any person failing to comply with any of the provisions of this ordinance
shall upon conviction thereof be fined as aforesaid and each day a violation or
failure to comply with this ordinance continues, it constitutes a separate offense.
(b) But in case any buildding or structure is erected, constructed, recon-
structed, altered, repaired, converted or maintained, or any building, structure
or land is used in violation of the general law or of the terms of this ordinance, the
City of Kennedale, in addition to imposing the penalties above provided, may institute
any appropriate action or proceedings in court to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance, or use,
to restrain, correct or abate such violation, or to prevent the occupancy of such
building, structure or land, to prevent any -illegal act, conduct, business or use,
in or about such land; and the definition of any violation of the terms of this
ordinance as a misdemeanor, shall not preclude the City of Kennedale from invoking
the civil remedies given it by law in such cases, but same shall be cumulative of
and in addition to the penalties prawcribed for such violation.
5.
PLANS, SPECIFICATIONS, PEB1tETS AND FEES
A. PERMIT NECESSARY.
No work or repairs shall be done upon any structure, building or shed, nor shall
any mechanical installation, such as plumbing, heating or electric wiring be installed
in same, within Kennedale, (excepting as herein mentioned) without a Building Permit
from the Building Commissioner.
Repairs of buildings or structures, or mechanical installations, the cost of
which will not exceed Fifty ($50.00) Dollars, may be mare without securing a building
permit, but such repairs shall not be construed to include the cutting away of any
masonry wall or structural member, or any portion thereof, nor the removal, change or
closing of any stairway, nor the construction of any chimney. Permits must always be
secured for electrical or plumbing work regardless of extent.
B. OCCUPANCY PERMIT.
No building or part thereof, except in private dwellings, shall be occupied
before its completion without an occupancy permit from the Building Commissioner.
Also,•no structure, building or part thereof shall be used or occupied for any
purpose other than that named in its Building Permit or its latest Occupancy Permit or
from the purpose for which it is used when this Ordinance is adopted, until the
necessary Occupancy Permit therefor has been issued by the Building Commissioner. If
such change of use or occupancy increases the load, the danger to life or health, or
the fire risk, the Commissioner may require such alterations and changes in the
building as he may deem necessary before issuing Occupancy Permit for such new use
or occupancy.
If the condition of any structure, building ding or part thereof becomes unsafe or
dangerous to life or lur,b, the Commissioner may, with the written approval of a
majority of the Bity Council, revoke the Occupancy Permit thereof, and it shall
thereupon be unlawful for any person to use or occupy such building until a new
Occupancy Permit has been issued therefor.
C. APPLICATION FOR BUILDING PERMITS.
Nhen any person or persons shall be desirous of erecting, repairing, changing,
altering or removing any building or structure, or making any mechanical installation
such as plumbing, heating or electrical wiring in same, within the limits of said
City, he or they, or their authorized agents shall make application at the office of
the Building Commissioner for a Building Permit (except in cases cited in Paragraph
A above), and shall furnish said Building Commissioner with a written statement,giv-
ing such information as desired by him., upon a blank form furnished by the said
Building Commissioner for the purpose, together with plans and specifications of same,
when required, which shall be delivered to the Building Commissioner and shall remain
in his custody a sufficient length of time to allow the necessary examination to be
made of the same.
Before a Building Permit is li.ssued, the plans and specifications shall be
submitted to the plumbing and electrical inspectors who shall pass on same in regard
to the plumbing and electrical work.
D. DRAW 1ING$.
When the cost of erecting, repairing, changing or altering any structure, or
mating any mechanical installation as aforementioned, in Kennedale, exceeds the sum
of Three Thousand (3000.00) Dollars, there shall be complete scale drawings and
specifications showing and describing all parts of the construction and installation
filed with the Building Commissioner, along with the application for permit.
All plans and drawings shall be drawn to a scale of not less than 1/8 inch to
the foot, on paper or cloth, in ink or by some process that will not fade or ob—
literate. All distances shall be securely figured and drawings made explicit and complete.
Any plans or drawings that do not show all necessary details to enable the Building
Commissioner to intelligently inspect same shall be rejected and such necessary de—
tails shall be shown on said drawings before same will be accepted. Lot Lines, as
well as building lines, must be shown on plans.
E. APPROVAL OR REJECTION.
If such plans and specifications are in compliance with the provisions of this
ordinance and the zoning and other ordinances of the City, and indicate that the
erection, reconstruction, removal or installation is to be in accordance with this
code, the Building Commissioner shall stamp them "approved" and issue QCettificate
of Approval", retaining one set of plans and specifications to be kept until the
proposed work is completed, when they shall be returned to the party who filed them.
Such plans and specifications so filed shall not be open to the inspection of other
than those interested in the building or structure, and if not claimed by the proper
party within six months after completion of construction, shall be destroyed. All
plans and specifications of buildings of a k public character, and brd ldings for public
gatherings shall remain on file permanently in the Biii l ding Commissioner4 s office.
If such plans and specifications proposed do not comply with the provisions of
this code, the Building Commissioner shall reject same and refuse a certificate, in—
dicating in a written report his objections thereto. Such changes as may be required
shall be made before any permit is issued.
F. ALTERATIONS OR ADDITIONS TO DRAWINGS AND SPECIFICATIONS.
Any alteration of plans and specifications or addition thereto shall be submitted
in the sane manner and subjected to the same requirements as the original plans and
specifications, and accompanied by a simnilar application. The Building Commissioner
may stop any work of alterations or additions to such original plans and specifications
where such changes materially affect cost or purpose of the structure until the fore—
going provisions have been complied with and a permit therefor issued.
Nothing in this section shall be construed to prevent the Building Commissioner
from granting permit for the erection of any part of a building or any part of a
structure, where the partial plans or detailed statements of such building or structure
have been presented before the entire plans and detailed statements of said building
or structure have been submitted.
G. REVOCATION OF PERhITS.
Should the Building Commissioner become convinced that the work under any permit
is not proceedings according to the detailed statement, plans and specifications upon
which such permit was issued, but is proceeding in violation of the law or provisions
of this code, it shall be hisiuuty to notify the owner or owners, or his or their agents,
in writing, that the work is being constructed or installed in violation of the permit
and this code, and that the same must be immediately rectified to conform with same.
If the owner or owners, or his or their agents, neglect tocomply with the said
code or fail to make corrections, it shall be the further duty of the Building Com—
missioner to revoke said permit, and notice thereof shall be immediately served upon
the owner or owners, agents, superintendent or contractor in charge of this work; said
notice shall be in writing, signed by the Building Commissioner, and after such re-
vocation of permit, any contractor or workman performing any work in or about such
structure, building or peumises sha31 be guilty of a misdemeanor, and shall be dealt
with accordingly.
H. PLACARDS.
With each and every Building Permit issued, the Building Commissioner shall
issue to the applicant a weatherproof card, properly filled out. It shall be
the duty of the person or persons to whom the permit was issued, to place and main-
tain the weatherproof card in a conspicuous place on the outside of the premises
where the building is being erected or the work being done, the card to be unob-
structed from public view and not more than fifteen (15) feet nor less than five
(5) feet above the grade level.
In case of revocation of a permit the Building Commissioner shall immediately
place a proper notice of the revocation in a conspicuous place and any person re-
moving or defacing such notice asapplied shall be subject, upon conviction thereof,
to a fine of not less than Ten Dollars (410.00) nor more than One Hundred Dollars
($p100.00) .
and
ing
I. CO-OPERJTION OF POLICE AND FIRE DEPARTMENTS.
The Police and Fire Departments shall cooperate with the Building Commissioner,
any constructionor installation that comes under the Building Codei<<t display -
such signs shall be reported to the Building Commissioner.
J. TIME LIMIT OF PERMIT.
Every permit shall be considered cancelled if active work is not commenced
within six (6) months of the date of issuance. In case of cancellation of permit
from the above cause, all permit fees already paid shall be retained by the City
as compensation for work done in checking plans and issuance of permits.
K. ESTIMATE OF COST.
Applications for bui l ding k permits shall be accompanied by an estimate of the
cost of the proposed structure. The BuildingCommissioner may at his discretion,
prepare his own estimate and issue the permit on basis on same. On completion of
the structure, the party to whom the permit was issued may submit, or the Building
Commissioner may reglire to be submitted, vouchers and affidavits showing the actual
cost of the structure. Where the actual cost thus ascertained is found to vary by
more than ten percent from the estimate on which the permit was issued, then the
permit fee shall be recomputed and charge made on the basis of the actual cost of the
structure.
L. FEES FOR PERMITS AND INSPECTION.
For every Building Permit issued for the erection or construction of any new
building or structure, or for the alteration or repair of any existing building or
structure, or for any mechanical installation, such as plumbing, heating, electric
wiring, the Building Commissioner k shal l collect a fee from the owner or contractor
performing such work. Such fee shall cover the cost of permit and cost of inspection
by the Building Commissioners, or his assistants, at regular intervals until the work
is completed, and shall be based on the total cost, including mechanical works, as
follows:
COST
$100 or less
Over 4100.00 and not exceeding $}500
Over $500.00 and not exceeding $1000
Over $1000 and not
Over 42000 and not
Over $3000 and not
Over $5000 and not
Over $6000 and not
Over $7000 and not
Over $8000 and not
Over $9000 and not
Over $10,000 and not
Over $11,000 and not
Over $12,000 and not
Over $13,000 and not
Over $14,000 and not
Over $15, 000 and not
Over $16,000 and not
Over $17,000 and not
Over $p18, 000 and not
Over $p19, 000 and not
exceeding 42000
exceeding $3000 T
exceeding 45000
exceeding $6000
exceeding $7000
exceeding 48000
exceeding $9000
exceeding d 10,000
exceeding 411.,000
exceeding 412,000
exceeding $13,000
exceeding $14,000
exceeding $15,000
exceeding $ 16 , 000
exceeding 417,000
exceeding a8,000
exceeding *19,000
exceeding $20,000
0 OOOOOOOOO 0 0 0 .
FEE
$ 1.00
2.00
3.00
5.00
7.00
10.00
a. 50
13.00
14.50
16.00
17.50
19.00
20.50
22.00
23.50
25.00
26.50
28.00
29.50
31.00
32.50
For each additional 91000 or fraction thereof, an addition fee of $1.25 is added.
For moving a house or building from one -location to another on tie- s .ot . .' $5.00
All fees collected hereunder shall be paid direct to the City Secretary.
On additional cost due to changes in plans and specifications, an additional
fee must be paid by the owner or his authorized agent in accordance with the above
schedule.
However, inspection fees for special items such as plumbing, heating, electrical
work, sprinkler systems, fire escapes, sighs, and billboards, wrecking of houses,
moving pictures shows, film exchanges, moving houses through public streets or alleys,
gasoline tanks and pumps, fuel oil tanks and equipment, dry cleaning establisheu glis,
etc., as called for in various sections of this code, and in the plumbing and elec—
trical ordinances shall be paid in addition to the general fee for Building Permits
mentioned herein.
In addition to the above fees, the owner or his agent shall pay the actual cost
of any tests required by the Building Commissioner, unless the owner or his agent can
furnish certificates coveringsuch tests made by some recognized authority satisfactory
to the Building Commissioner.
Any act of erecting, repairing, changing, altering or removing any bui l ding or
structure or making any mechanical installations, such as heating, plumbing or
electrical wiring in same, (except in cases cited in Paragraph A of Section 5) carried
on without a permit having been issuedkby the Building Commissioner, or any willfrO1
mis—statements of facts concerning the proposed type of construction, proposed use
or estimated or actual cost made in securing a permit shall render the owner of such
building or structure or his agents liable to a penalty for violation of this code in
accordance with Paragraph "GAT of Section 4. Where penalties are invoked, in addition
to such penalties the owner or his agentsha.11 further be held liable for the actual
cost of such building or structure.
6.
TYPE OF CONSTRUCTION OF DWELLING HOUSES
A. The main building to be used for dwelling purposes, and all accessory
buildingsthereto, hereafter erected in Kennedale, Texas, shall be constructed of
wood, brick, brick veneer or stucco, or other suitable building materials; provided
that such buildings shall be of double wall construction and that all exterior wood—
work shall be covered with two coats of paint, and shall contain not less than a
minimum of 760 square feet of floor space exclusive of porches, breezeways and garages.
B. The main building used for family dwelling purposes, where same abuts upon
any alley or street in or throng, which a public sewer extends, or is within a rea—
sonable distance of such public sewer, shall be connected with such public sewer.
When there is not a public sewer within reasonable distance of such structure, an
approved septic tank of not less than 500 gallons capacity, with 150 feet of draining
lateral attached thereto and running therefrom, shall be installed, provided that if
any dwelling is erected, altered, located, relocated or enlarged to the extent that
sane will contain more than one bathroom, an additional 50 feet of draining lateral shall
be installed for each additional bathroom. No dry or outside toilet of any kind shall
be permitted within the City limits; provided that if more than one bui l ding used for
family dwelling purposes is situatedkupon any particular lot, each of said dwelling
structures shall be attached to an appiwed septic tank of the same capacity and same
footage of draining lateral running therefrom, as is provided for the main bni l ding
aforementioned. Further providing that any septic tank installation made under the
provisions of this ordinance shall be approved by the Building Commissioner and health
authorities of Tarrant County, Application for the use of such septic tank must be
made with the Building Commissioner.
C. The main building hereafter erected for family dwelling purposes shall be
constructed fronting on the street upon which the lot as originally dedicated fronts
and in accordance with the front lot lines as is shown in said dedication, provided
however, that where more than fifty (50go) percent of the dwellings in any one block
have an al ready established front lot line, then all other dwellings erected in said
block shall be constructed on lot lines in conformity to the dwellings theretofore
erected.
D. No main building erected for dwelling purposes shall be constructed or erected
nearer than five feeTfrom any side lot or street line.
No accessory buildings shall be constructed or erected nearer than five feet
from any side, rear, or street lot lines, provided that in areas, if by reason of
construction of a subdivision, prior to the effective date of this ordinance, the
regulations herein provided for the location of accessory buildings would prove to
be a hardship upon the owners of said property, the Dhty Council shall have the
authority to waive the side, rear or street lot line regulations herein provided.
E. Nothing herein contained shall require any change in the plans, construction
or designated use of a bnilding lawfully and actually under construction at the time
of the passage of this ordinance and which entire building shall be completed within
six months of the passage of this ordinance.
F. No tent, shed, shack or trailer shall at any place within the City be used
for dwelling purposes; provided under emergency circumstances, the Building Com-
nissioner may issue a permit for the construction of a dwelling not fully complying
with the specifications herein provided, for temporary occupancy for a period of
not exceeding six months, when such temporary dwelling is being constructed in con-
templation of the construction of the main family dwelling which shall be completed
prior to the expiration of such temporary permit, provided that such temporary dwell-
ing place shall be attached to sanitary sewage disposal facilities as is provided
herein and in the sanitation code of the City.
7.
TYPE OF BUILDN1 GS TO BE USED FOR OTHER THAN DWELLINGS
A. All buildings and structures hereafter erected within the City of Kennedale
to be used for other than family dwelling purposes shall be enclosed on all sides with
walls constructed wholly of stone, burned brick or reinforced concrete, and all roof
structures covered with, and cornices to be of, incombustible materials.
B. Every building hereafter erected, altered, located, relocated or enlarged
which shall be used for other than family dwelling purposes, where same abuts upon
any alley or street in or throngh which a public sewer extends or is within a rea-
sonable distance of such public sewer, shall be connected with such public sewer,
where there is not a public sewer within a reasonable distance of sil.ci structure, there
shall be installed an approved septic tank which shall be of the kid and size as
approved by the BnildingConmissioner and health authorities of Tarrant County.
S.
INTENT AND PURPOSE
The intent and purpose of this ordinance is to regulate the construction,
erection, enlargement, raising, alteration, repair, removal, maintenance, use and
height of buildings and structures; and to regulate the character and use of materials
in and for bni 1 rings and structures.
9.
RiTDIAL ORDINANCE
This ordinance is hereby declared to be remedial and intended to secure the
beneficial interests and purposes thereof.
10.
REPEAL OF ORDINANCES
All ordinances, or parts thereof, insofar as they conflict with the provisions
herein contained, are hereby repealed.
11.
SAVINGS CLAUSE
Every section of this ordinance and every provision of each section is hereby
declared to be an individual section or provision and the holding of any section or
provision of any section to be void, ineffective or unconstitutional for any cause
whatsoever, shall het be deemed to effect any other section or provisions. The
City Council hereby declares that it would have passed those parts of this ordinance
which are valid and omitted any parts which are unconstititional if it had known that
such parts were unconstitutional at the time of the passage of this ordinance.
12.
EFFECTIVE DATE
This ordinance shall take effect and be in full force and effect from and
after the date of its adoption and publication as provided by law.
ADOPTED THIS 3rd day of August, A. D. 1951.
APPROVED:
s Y��
MAYOR
ATTEST:
CITY SECRETARY
THE STATE OF TEXAS
CITY OF KENNEDALE, TEXAS
COUNTY OF TARRANT
I, hrs. A. S. Flake, City Secretary of the City of Kennedale, Texas, do
hereby certify that the foregoing is a true and correct copy of Ordinance No.
duly presented and adopted by the City Council of said City of Kennedale, Texas,
at a meetingkheld on the 3rd day of August, A. D. 1951, as same appears in the
minutes of said meeting.
WITNESS 12Y HAND AND THE SEAL OF THE CITY OF KENNEDALE, TEXAS, this the 3rd day
of August, A. D. 1951.
CITY SECRETARY