There are numerous problems with the draft ordinance in the BSC packet. The draft amends the wrong section of Chapter 3. The ordinance has conflicting statements about conflicts between the IPMC and the current Chapter 3 provisions. A Whereas statement says the BSC has reviewed the 2024 IPMC.
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International Property Maintenance Code Adoption
- Thread starter Frank Robbins
- Start date
The ordinance in the BSC Packet is not the ordinance that is being presented to Council for formal adoption of the IPMC adraft of the ordiance is attached here and you will see Appendix B is not part of the adoption as it refrences a board of appeals and the other change is to Section 302.4 WEEDS of the IPMC in whihc the jurisdition must insert the height resitirction whihc is 12" (twelve inches). The ordaince also does not reference that this was reviewed by the BSC
Looks better. The BSC packet appears to have the wrong version and the BSC packet is printer for commissioners to pick up and it is the wrong version. The version Mr. West posted still has a conflict between the caption and the body concerning conflict.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING SECTION 3.1202 OF CHAPTER 3 OF THE LAGO VISTA CODE OF ORDINANCES; PROVIDING THAT IN THE EVENT OF ANY CONFLICT BETWEEN THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE EXISTING PROVISIONS OF THE LAGO VISTA CODE OF ORDINANCES, THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE SHALL CONTROL AND PREVAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR RELATED MATTERS.
In the event of any conflict or inconsistency between any provision of the 2024 International Property Maintenance Code and any existing provision of the Lago Vista Code of Ordinances (excluding any provision of the Lago Vista Code of Ordinances that expressly establishes a higher or more restrictive standard than that set forth in the 2024 International Property Maintenance Code), the provision of the 2024 International Property Maintenance Code shall control and prevail
I believe the ordinance is correct and the discrepancy referenced between the caption and the body may be misinterpreted, but I could be wrong and will seek clarification from legal. The way I read this ordinance is that in the event of a conflict the IPMC will control unless there is something within the Code of Ordinances that is clear and establishes a higher standard than that identified within the IPMC. The IPMC does not exceed standards that are higher than those established within the code of ordinances.
I will also make sure the BSC has the correct copy for their meeting and if anyone would like a copy prior please stop by and staff will be happy to provide a printed copy for you.
Nice work, Charles. Thanks.
After consulting with legal, they do not beleive there is a conflcit as I do, however to ensure clarity a line was added to the caption to mathc that of the body.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGO VISTA, TEXAS, ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING SECTION 3.1202 OF CHAPTER 3 OF THE LAGO VISTA CODE OF ORDINANCES; PROVIDING THAT IN THE EVENT OF ANY CONFLICT BETWEEN THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE EXISTING PROVISIONS OF THE LAGO VISTA CODE OF ORDINANCES, THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE SHALL CONTROL AND PREVAIL EXCEPT WHERE HIGHER STANDARDS IN EXISTING CITY CODE APPLY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR RELATED MATTERS.
Thanks. Looks good.
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