88-12 O - Repair and Demolition of Unsafe Buildings – Dilapidated Housing • •
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TOWN OF PROSPER, TEXAS ORDINANCE NO. 88-12
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, PROVIDING FOR
PROCEDURES TO REGULATE THE REPAIR AND DEMOLITION OF UNSAFE
BUILDINGS OR STRUCTURES ; ORDAINING OTHER MATTERS ON THE
SUBJECT; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas,
upon full consideration, has determined that regulations for the
abatement of dangerous buildings should be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
Section I . Unsafe Buildings or Structures.
All buildings or structures which are structurally unsafe or
not provided with adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life are, for the
purpose of this ordinance, unsafe. Any use of buildings or
structures constituting a hazard to safety, health or public
welfare by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster, damage or abandonment are,
for the purpose of this ordinance, unsafe uses. Parapet walls,
cornices, spires, towers, tanks, statuary and other appendages or
structural members which are supported by, attached to, or a part
of a building and which are in deteriorated condition or
otherwise unable to sustain the design loads which are specified
in the Building Code are hereby designated as unsafe building
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appendages.
All such unsafe buildings, structures or appendages are
hereby declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition or removal in accordance with
the procedures set forth in the procedures as provided hereafter
within this ordinance. As an alternative, the building official,
or other employee or official of this jurisdiction as designated
by the governing body, may institute any other appropriate action
to prevent, restrain, correct or abate the violation.
Section II . Purpose and Scope.
It is the purpose of this ordinance to provide a just,
equitable and practicable method, to be cumulative with and in
addition to, any other remedy provided by the Building Code, or
otherwise available at law, whereby buildings or structures which
from any cause endanger the life, limb, health, morals, property,
safety or welfare of the general public or their occupants may be
required to be repaired, vacated or demolished.
The provisions of this ordinance shall apply to all
dangerous buildings, as herein defined, which are now in
existence or which may hereafter become dangerous in this
jurisdiction.
Section III. Alterations, Additions and Repairs.
All buildings which are required to be repaired under the
provisions of this ordinance shall be subject to the provisions
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of the Building Code.
Section IV.
(a) Administration. The building official, or his
assistants, are hereby authorized to enforce the provisions of
this ordinance.
(b) Inspections. The health officer, the fire marshall and
the building official or other person designated by the Town
Council are hereby authorized to make such inspections and take
such actions as may be required to enforce the provisions of this
ordinance.
(c) Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of this ordinance, or
whenever the building official or his authorized representative
has reasonable cause to believe that there exists in any building
or upon any premises any condition or code violation which makes
such building or premises unsafe, dangerous or hazardous, the
building official or his authorized representative may enter such
building or premises at all reasonable times to inspect the same
or to perform any duty imposed upon the building official by this
code, provided that if such building or premises be occupied, he
shall first present proper credentials and request entry; and if
such building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry.
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If such entry is refused, the building official or his authorized
representative shall have recourse to every remedy provided by
law to secure entry.
When the building official or his authorized representative
shall have first obtained a proper inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or
any other persons having charge, care or control of any building
or premises shall fail or neglect, after proper request is made
as herein provided, to promptly permit entry therein by the
building official or his authorized representative for the
purpose of inspection and examination pursuant to this ordinance.
Section V. Abatement of Dangerous Buildings.
All buildings or portions thereof which are determined after
inspection by the building official to be dangerous as defined in
this ordinance are hereby declared to be public nuisances and
shall be abated by repair, rehabilitation, demolition or removal
in accordance with the procedure specified herein.
Section VI . Inspection of Work.
All buildings or structures within the scope of this
ordinance and all construction or work for which a permit is
required shall be subject to inspection by the building official
in accordance with and in the manner provided by this ordinance
and the Building Code.
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Section VII . Board of Appeals.
In order to provide for final interpretation of the
provisions of this ordinance and to hear appeals provided for
hereunder, there is hereby established a Board of Appeals, which
shall be the Town Building Code Board of Appeals. The Board
shall adopt reasonable rules and regulations for conducting its
business. Appeals to the board shall be processed in accordance
with the provisions contained in Section XIII of this ordinance.
Copies of all rules or regulations adopted by the board shall be
delivered to the building official, who shall make them freely
accessible to the public.
Section VIII . Definitions.
For the purpose of this ordinance, certain terms, phrases,
words and their derivatives shall be construed as specified in
either this ordinance or as specified in the Building Code.
Where terms are not defined, they shall have their ordinary
accepted meanings within the context with which they are used.
Webster' s Third New International Dictionary of the English
Language, Unabridged, copyright 1961 shall be construed as
providing ordinary accepted meanings. Words used in the singular
include the plural and the plural the singular. Words used in
the masculine gender include the feminine and the feminine the
masculine.
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Section IX. Dangerous Building.
For the purpose of this ordinance, any building or structure
which has any or all of the conditions or defects hereinafter
described shall be deemed to be a dangerous building, provided
that such conditions or defects exist to the extent that the
life, health, property or safety of the public or its occupants
are endangered:
1. Whenever any door, aisle, passageway, stairway or other
means of exit is not of sufficient width or size or is not so
arranged as to provide safe and adequate means of exit in case of
fire or panic.
2 . Whenever the walking surface of any aisle, passageway,
stairway or other means of exit is so warped, worn, loose, torn
or otherwise unsafe as to not provide safe and adequate means of
exit in case of fire or panic.
3 . Whenever the stress in any materials, member or portion
thereof, due to all dead and live loads, is more than one and one
half times the working stress or stresses allowed in the Building
Code for new buildings of similar structure, purpose or location.
4 . Whenever any portion thereof has been damaged by fire,
vandalism, earthquake, wind, flood or by any other cause, to such
an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less
than the minimum requirements of the Building Code for new
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buildings of similar structure, purpose or location.
5 . Whenever any portion or member or appurtenance thereof
is likely to fail, or to become detached or dislodged, or to
collapse and thereby injure persons or damage property.
6. Whenever any portion of a building, or any member,
appurtenance or ornamentation on the exterior thereof is not of
sufficient strength or stability, or is not so anchored, attached
or fastened in place so as to be capable of resisting a wind
pressure of one half of that specified in the Building Code for
new buildings of similar structure, purpose or location without
exceeding the working stresses permitted in the Building Code for
such buildings.
7 . Whenever any portion thereof has wracked, warped,
buckled or settled to such an extent that walls or other
structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new
construction.
8 . Whenever the building or structure, or any portion
thereof, because of (i) dilapidation, deterioration or decay;
(ii) faulty construction; (iii) the removal, movement or
instability of any portion of the ground necessary for the
purpose of supporting such building; (iv) the deterioration,
decay or inadequacy of its foundation; or (v) any other cause, is
likely to partially or completely collapse.
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9 . Whenever, for any reason, the building or structure, or
any portion thereof, is manifestly unsafe for the purpose for
which it is being used.
10. Whenever the exterior walls or other vertical
structural members list, lean or buckle to such an extent that a
plum line passing through the center of gravity does not fall
inside the middle one third of the base.
11. Whenever the building or structure exclusive of the
foundation, shows 33 percent or more damage or deterioration of
its supporting member or members, or 50 percent damage or
deterioration of its nonsupporting members, enclosing or outside
walls or coverings.
12 . Whenever the building or structure has been so damaged
by fire, vandalism, wind, earthquake or flood, or has become so
dilapidated or deteriorated as to become (i) an attractive
nuisance to children; (ii) a harbor for vagrants, criminals or
immoral persons; or as to (iii) enable persons to resort thereto
for the purpose of committing unlawful or immoral acts.
13 . Whenever any building or structure has been
constructed, exists or is maintained in violation of any specific
requirement or prohibition applicable to such building or
structure provided by the building regulations of this town, as
specified in the Building Code, or of any law or ordinance of
this state or town relating to the condition, location or
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structure of buildings.
14 . Whenever any building or structure which, whether or
not erected in accordance with all applicable laws and
ordinances, has in any nonsupporting part, member or portion less
than 50 percent, or in any supporting part, member or portion
less than 66 percent of the (i) strength, (ii) fire-resisting
qualities or characteristics, or (iii) weather-resisting
qualities or characteristics required by law in the case of a
newly constructed building of like area, height and occupancy in
the same location.
15. Whenever a building or structure, used or intended to
be used for dwelling purposes, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause
sickness or disease.
16. Whenever any building or structure, because of
obsolescence, dilapidated condition, deterioration, damage,
inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or
other cause, is determined by the fire marshal to be a fire
hazard.
17 . Whenever any building or structure is in such a
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condition as to constitute a public nuisance known to the common
law or in equity jurisprudence.
18 . Whenever any portion of a building or structure remains
on a site after the demolition or destruction of the building or
structure or whenever any building or structure is abandoned for
a period in excess of six months so as to constitute such
building or portion thereof an attractive nuisance or hazard to
the public.
Section X.
(a) Commencement of Proceedings. Whenever the building
official has inspected or caused to be inspected any building and
has found and determined that such building is a dangerous
building, he shall commence proceedings to cause the repair,
vacation or demolition of the building.
(b) Notice and Order. The building official shall issue a
notice and order directed to the owner of the building as it
appears on the Town' s most current property tax roll (hereinafter
called owner) . The notice and order shall contain:
1. The street address and a legal description sufficient
for identification of the premises upon which the building is
located.
2 . A statement that the building official has found the
building to be dangerous with a brief and concise description of
the conditions found to render the building dangerous under the
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provisions of this ordinance.
3 . A statement of the action required to be taken as
determined by the building official.
(i) If the building official has determined that the
building or structure must be repaired, the order shall
require that all required permits be secured therefor
and the work physically commenced within such time (not
to exceed 60 days from the date of the order) and
completed within such time as the building official
shall determine is reasonable under all of the
circumstances.
(ii) If the building official has determined that the
building or structure must be vacated, the order shall
require that the building or structure shall be vacated
within a time certain from the date of the order as
determined by the building official to be reasonable.
(iii) If the building official has determined that the
building or structure must be demolished, the order
shall require that the building be vacated within such
time as the building official shall determine is
reasonable (not to exceed 60 days from the date of the
order) ; that all required permits be secured therefor
and that the demolition be completed within such time
as the building official shall determine is reasonable.
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4 . Statements advising that if any required repair or
demolition work (without vacation also being required) is not
commenced within the time specified, the building official
(i) will order the building vacated and posted to prevent further
occupancy until the work is completed, and (ii) may proceed to
cause the work to be done and charge the costs thereof against
the property and its owner.
5 . Statements advising (i) that any person having any legal
interest in the building may appeal from the notice and order or
any action of the building official to the Board of Appeals,
provided the appeal is made in writing as provided in this
ordinance and filed with the building official within 30 days
from the date of service of such notice and order; and (ii) that
failure to appeal will constitute a waiver of all right to any
administrative hearing and determination of the matter.
(c) Service of Notice and Order. The notice and order, and
any amended or supplemental notice and order, shall be served
upon the owner and posted on the property. Service of the notice
and order shall be made upon the owner either personally or by
mailing a copy of such notice and order by certified mail,
postage prepaid, return receipt requested to the owner at his
address as it appears on the most current Town tax roll . If no
address of the owner so appears or is known to the building
official, then a copy of the notice and order shall be so mailed,
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addressed to the owner at the address of the building involved in
the proceedings. The failure of the owner to receive such notice
shall not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein provided
shall be effective two days after the date of mailing.
Section XI. Repair, Vacation and Demolition.
(a) Standards to be followed. The following standards
shall be followed by the building official (and by the Board of
Appeals if an appeal is taken) in ordering the repair, vacation
or demolition of any dangerous building or structure:
1. Any building declared a dangerous building under this
ordinance either shall be repaired in accordance with the current
building code within the time period specified in the order or
shall be demolished by the owner or the Town.
2 . If the building or structure is in such condition as to
make it immediately dangerous to the life, limb, property or
safety of the public or its occupants, it shall be ordered to be
vacated and secured to protect the public and its occupants.
Under such circumstances, if the owner does not immediately
secure the structure after being ordered to do so, the building
official shall be authorized to cause the structure to be secured
and have the costs thereof assessed against the property and the
owner as provided herein.
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Section XII. Notice to Vacate.
(a) Posting. Every notice to vacate shall, in addition to
being served as provided herein, be posted at or upon each exit
of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to
remove or deface this notice.
Building Official
Town of Prosper
(b) Compliance. No person shall remain in or enter any
building which has been so posted, except that entry may be made
to repair, demolish or remove such building under permit. No
person shall remove or deface any such notice after it is posted
until the required repairs, demolition or removal have been
completed and a Certificate of Occupancy issued pursuant to the
provisions of the Building Code. Any person violating this
subsection shall be guilty of a Class C misdemeanor.
Section XIII.
(a) Form of Appeal. The owner or anyone having a legal
interest in the subject property may appeal from any notice and
order or any action of the building official under this code by
filing at the office of the building official a written appeal
containing;
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1. A heading in the words: "Before the Board of Appeals
of the Town of Prosper" .
2 . A caption reading: "Appeal of " ,
giving the names of all appellants participating in the appeal .
3 . A brief statement setting forth the legal interest of
each of the appellants in the building or the land involved in
the notice and order.
4 . A brief statement in ordinary and concise language of
the specific order or action protested, together with any
material facts claimed to support the contentions of the
appellant.
5. The signatures of all parties named as appellants and
their official mailing addresses.
6. The notarized verification of at least one appellant as
to the truth of the matters stated in the appeal.
The appeal shall be filed within 30 days from the date of
the service of such order or action of the building official ;
provided, however, that if the building or structure is in such
condition as to make it immediately dangerous to the life, limb,
property or safety of the public or adjacent property and is
ordered vacated and is posted in accordance with Section XII,
such appeal shall be filed within 10 days from the date of the
service of the notice and order of the building official .
(b) Processing of Appeal. Upon receipt of any appeal filed
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pursuant to this section, the building official shall present it
at the next regular or special meeting of the Board of Appeals.
(c) Scheduling and Noticing Appeal for Hearing. As soon as
practicable after receiving the written appeal, the Board of
Appeals shall fix a date, time and place for the hearing of the
appeal by the board. Such date shall be not less than five days
nor more than 60 days from the date the appeal was filed with the
building official . Written notice of the time and place of the
hearing shall be given at least 5 days prior to the date of the
hearing to each appellant either by causing a copy of such notice
to be delivered to the appellant or his attorney personally or by
mailing a copy thereof, postage prepaid, addressed to the
appellant or his attorney at his address shown on the appeal .
(d) Effect of Failure to Appeal. Failure of any person to
file an appeal in accordance with the provisions of Section XIII
shall constitute a waiver of his right to an administrative
hearing and adjudication of the notice and order or any portion
thereof.
(e) Scope of Hearing on Appeal. Only those matters or
issues specifically raised by the appellant shall be considered
in the hearing of the appeal .
(f) Staying of Order Under Appeal. Except for vacation
orders made pursuant herein, enforcement of any notice and order
of the building official issued under this ordinance shall be
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stayed during the pendency of an appeal therefrom which is
properly and timely filed.
Section XIV. Conduct of Hearing.
(a) Rules. Hearings need not be conducted according to the
technical rules relating to evidence and witnesses .
(b) Admissibility of Evidence. Any relevant evidence shall
be admitted if it is the type of evidence -)n which responsible
persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule
which might make improper the admission of such evidence over
objection in civil actions in courts of competent jurisdiction in
this state.
(c) Inspection of the Premises. The board may inspect any
building or premises involved in the appeal during the course of
the appeal .
(d) Form of Decision. The decision shall be in writing and
shall contain findings of fact, a determination of the issues
presented, and the requirements to be complied with. A copy of
the decision shall be delivered to the appellant or his attorney
personally or sent to him or his attorney by certified mail,
postage prepaid, return receipt requested.
(e) Effective Date of Decision. The effective date of the
decision shall be as stated therein.
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Section XV. Compliance.
(a) General. After any order of the building official or
the Board of Appeals made pursuant to this ordinance shall have
become final, no person to whom any such order is directed shall
fail , neglect or refuse to obey any such order. Any such person
who fails to comply with any such order is guilty of a Class C
misdemeanor.
(b) Failure to Obey Order. If after any order of the
building official or Board of Appeals made pursuant to this
ordinance has become final, the person to whom such order is
directed shall fail, neglect or refuse to obey such order, the
building official may (i) cause such person to be prosecuted
under Subsection (a) of this section and/or (ii) institute any
appropriate action to abate such building as a public nuisance.
(c) Failure to Commence Work. Whenever the required repair
or demolition is not commenced as provided by any final notice
and order issued under this ordinance:
1 . The building official shall cause the building described
in such notice and order to be vacated (unless already ordered
vacated pursuant to Section XII) by posting at each entrance
thereto a notice reading:
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DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to
remove or deface this notice.
Building Official
Town of Prosper
2 . No person shall occupy any building which has been
posted as specified in this subsection. No person shall remove
or deface any such notice so posted until the repairs, demolition
or removal ordered by the building official have been completed
and a Certificate of Occupancy issued pursuant to the provisions
of the Building Code.
3 . The building official may, in addition to any other
remedy herein provided, cause the building to be repaired to the
extent necessary to correct the conditions which render the
building dangerous as set forth in the notice and order, or, if
the notice and order required demolition, to cause the building
to be demolished and the materials, rubble and debris therefrom
removed and the lot cleaned. Any such repair or demolition work
shall be accomplished and the cost thereof paid and recovered in
the manner hereinafter provided in this ordinance.
Section XVI . Extension of Time to Perform Work.
Upon receipt of an application from the person required to
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conform to the order and an agreement by such person that he will
comply with the order if allowed additional time, the building
official may, in his discretion, grant an extension of time, not
to exceed an additional 120 days, within which to complete said
repair, rehabilitation or demolition, if the building official
determines that such an extension of time will not create or
perpetuate a situation imminently dangerous to life or property.
The building official ' s authority to extend time is limited to
the physical repair, rehabilitation or demolition of the premises
and will not in any way affect the time to appeal his notice and
order.
Section XVII . Interference with Repair ()r Demolition Work
Prohibited.
No person shall obstruct, impede or interfere with any
officer, employee, contractor or authorized representative of the
Town of Prosper or with any person who owns or holds any estate
or interest in any building which has been ordered repaired,
vacated or demolished under the provisions of this ordinance,
whenever such officer, employee, contractor or authorized
representative of the Town, person having an interest or estate
in such building or structure is engaged in the work of
repairing, vacating and repairing, or demolishing any such
building, pursuant to the provisions of this ordinance, or in
performing any necessary act preliminary to or incidental to such
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work or authorized or directed pursuant to this ordinance.
Section XVIII. Performance of Work of Repair or Demolition.
(a) Procedure. When any work of repair or demolition is to
be done pursuant to this ordinance, the building official shall
direct that the work shall be accomplished by personnel of the
Town or by private contract under his direction.
(b) Costs. The cost of such work shall be made a lien
against the property involved and shall be made a personal
obligation of the property owner as provided in this ordinance.
Section XIX. Account of Expense.
The building official shall keep an itemized account of the
expense incurred by the Town in the repair or demolition of any
building done pursuant to the provisions of this ordinance. Upon
the completion of the work of repair or demolition, said official
shall prepare an Affidavit of the net cost of demolition or
repair and cause said Affidavit to be filed in the Collin County
Land Records showing an assessment lien in the said amount
against the subject property.
Section XX. Lien of Assessment.
(a) Priority. Immediately upon its being recorded in the
County Land Records, the assessment lien shall be deemed to be
complete, the several amounts assessed shall be payable, and the
assessments shall be liens against the land assessed. The lien
shall be subordinate to all existing special assessment liens
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previously imposed upon the same property and shall be paramount
to all other liens except for state, county and property taxes
with which it shall be upon a parity. The lien shall continue
until the assessment and all interest due and payable thereon are
paid.
(b) Interest. All such assessments remaining unpaid after
30 days from the date of recording shall become delinquent and
shall bear interest at the rate of 10 percent per annum from and
after said date.
(c) Remedies. The Town shall have all remedies available
to enforce the assessment lien that are available to the Town to
collect real property taxes, including foreclosure.
Section XXI . Personal Liability.
The net cost of repair or demolition shall also be a
personal liability of the owners to the Town which the Town may
collect by any means provided by law.
Section XXII. Penalty.
Any person, firm, company, partnership, corporation or
association violating any provision of this ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined in the sum of not less than ONE HUNDRED AND NO/lOO
DOLLARS ($100. 00) and not more than ONE THOUSAND AND NO/100
DOLLARS ($1, 000. 00) for each such violation, and each and every
day that the provisions of this ordinance are violated shall
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constitute a separate and distinct offense.
Section II . It is hereby declared to be the intention of
the Town Council that the sections, paragraphs, sentences,
clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence or section of this Ordinance shall be
declared unconstitutional or invalid by any judgment or decree or
a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any other remaining phrase, clause,
sentence, paragraph or section of this Ordinance; and the Town
Council hereby declares it would have passed the remaining
portions even though it had known the affected parts would be
held unconstitutional .
Section III . This Ordinance shall become effective from and
after its passage and publication as required by law.
PASSED AND APPROVED this the 13th day of SEPTEMBER
1988 .
F.K. MULLENDORE, Mayor
ATTEST: APPRO D AS TO FORM:
Shirley x c on, Ri hard Abernathy
City Secretary City Attorney
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