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O756ORDINANCE NO. 756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS AMENDING CHAPTER 4, "BUILDINGS AND BUILDING REGULATIONS" OF THE KENNEDALE CITY CODE, BY ADDING ARTICLE XIV "INTERNATIONAL PROPERTY MAINTENANCE CODE," ADOPTING THE 2018 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND ITS AMENDMENTS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas (the "City") is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council desires to adopt a nationally -recognized Property Maintenance Code for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and WHEREAS, the City Council has reviewed the available codes and has determined that the 2018 Edition of the International Property Maintenance Code most fully meets the needs of the City; and WHEREAS, the City Council desires to provide a mechanism by which local modifications reflecting the unique needs of the City may be made when deemed appropriate; and WHEREAS, the City Staff has recommended adoption of certain amendments to the 2018 Edition of the International Property Maintenance Code to reflect locally accepted practice: and WHEREAS, the City Council has determined that these local amendments are in the public interest and therefore deems it advisable to amend the 2018 Edition of the International Property Maintenance Code to incorporate these local amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Chapter 4 "Buildings and Building Regulations," of the Kennedale City Code "is hereby amended by adding a new Article XIV to read as follows: "ARTICLE XIV. - INTERNATIONAL PROPERTY MAINTENANCE CODE Page 1 of 3 Sec. 4-310. - Adoption of Code. The 2018 Edition of the International Property Maintenance Code, including Appendix A, is hereby adopted as the property maintenance code of the City of Kennedale, Texas. This code is fully incorporated by reference as though copied into this ordinance in its entirety. The material contained in the International Property Maintenance Code shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. Sec. 4-311. — Local amendments. The City may from time to time determine that additional local modifications to the codes adopted herein are necessary and appropriate to meet the unique building needs of the City. To effectuate modifications, the city council may enact individual ordinances amending this ordinance fully setting forth the change to be made in the specific code. Such subsequent amendments shall be consolidated as an exhibit to this ordinance and shall be maintained as a public record in the office of the City Secretary. Sec. 4-312. — Violations and penalties. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. Secs. 4-313-4-320. - Reserved." SECTION 2. This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such existing ordinances and Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality Page 2 of 3 shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Kennedale City Code, as amended, which have accrued at the time of the effective date of this Ordinance; and, as such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the court. SECTION 5. The City Secretary of the City is directed to publish this Ordinance as required by law. SECTION 6. This Ordinance shall be in full force and effect beginning October 17, 2023, and the penalty provisions of this Ordinance shall be in full force and effect from and after its publication as required by law, and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 17th DAY OF OCTOBER, 2023. ATTEST CIT SECRETARY RAE E INGTON APPROVED AS TO FORM: CITY ATTORNEY, CARVAN E. ADKINS Page 3 of 3