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
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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
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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
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