BOARDS, COMMISSIONS AND APPOINTIVE OFFICES
(a)
There is hereby created and established within and for the City a planning and zoning commission consisting of nine (9) members appointed by the Council and Mayor for terms of four (4) years from among the qualified voters of the City. The Mayor and Council shall appoint one (1) member each. Members of the commission shall hold no other City office. The commission shall make recommendations to the City Manager and the City Council on all matters affecting the physical development of the City, shall be consulted on the comprehensive plan and the implementation thereof, and shall exercise all other responsibilities as may be provided by law.
(b)
The members of the Planning and Zoning Commission shall be resident citizens and qualified voters of the City. The terms of the Planning and Zoning Commissioners shall run concurrently with the four-year term of the appointing Councilman or the Mayor. A commissioner may be reappointed; however, no person shall serve as a Planning and Zoning Commissioner for more than two (2) four-year terms of office, or eight (8) consecutive years. This provision does not preclude the reappointment of persons appointed to serve out an unexpired term.
(c)
Commissioners appointed to replace resignations shall serve the unexpired term of the resigned commissioner. All members of the planning and zoning commission shall remain in office until new appointments are made.
(d)
Appointments to any vacancy in the planning and zoning commission shall be made by the Councilman or the Mayor who made the previous appointment. The Councilman or the Mayor shall appoint and fill such vacancy within thirty (30) days from the commencement of such vacancy.
(e)
The Planning and Zoning Commission shall elect a chairman and vice-chairman to serve a term of one (1) year. The election shall be held at the first regular planning and zoning meeting every October. Upon resignation of any officer, the commission shall elect a replacement from the commission to fill the unexpired term.
(f)
A Planning and Zoning Commissioner shall automatically forfeit the office of Planning and Zoning Commissioner if the commissioner:
(1)
Accepts any elected or paid City office; or
(2)
No longer resides within the City limits;
(3)
Fails to attend three (3) consecutive regular meetings without being excused by the commission.
(4)
Is absent for more than twenty-five percent (25%) of regular meetings, with or without excuse, during a term year.
(5)
Fails to attend less than fifteen (15) hours of specialized planning workshops during a term year, the costs of such workshops to be paid by the City.
(6)
Willfully, intentionally and knowingly violates any standard of conduct adopted by the commission.
The members of the Planning and Zoning Commission shall serve without pay but may be reimbursed for business expenses incurred in relation to commission business and approved by the commission and approved by the City Manager.
The City Planning and Zoning Commission shall have the following powers and responsibilities:
(1)
To make and amend a comprehensive plan for the development of the City, to include the making of maps of the whole, or of any portion, of the City and to make changes in, additions to and extensions of such plan or maps when it deems advisable. Such plan and maps shall show the commission's recommendations for location and extend of streets, bridges, playgrounds, parks and other public grounds and public improvements and shall include a twenty-year growth area for the City. The commission may adopt the plan as a whole by single resolution, or by successive resolutions may adopt successive parts of the plan, such parts to correspond with major geographic sections of the City, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment or extension or addition, the commission shall hold at least one (1) public hearing thereon after ten (10) days notice published in a daily newspaper of general circulation printed in the City. The adoption of the plan, or any such part, amendment, extension or addition, shall be by resolution carried by the affirmative votes of not less than a majority of the members of the commission. A copy of the plan or part attested by the chairperson and secretary of the commission shall be certified to the City Council. If such plan or part, the Planning and Zoning Commission may modify such plan or part thereof and again certify it to the City Council for their approval.
(2)
To recommend to the City Council alternative zoning plans for the City and approval or disapproval of proposed changes in the zoning plan; and in addition, to recommend certain special permits for specific land uses that may not be adequately regulated by zoning.
(3)
To exercise control over platting, replatting or subdividing land within the corporate limits of the City and within area of extraterritorial jurisdiction to effectively control all applications for such platting, replatting or subdividing of land, with such plats and maps as is required by law.
(4)
To make studies and project plans for the improvements of the City with the view of its future development and extension.
(5)
To act with and assist the City Council in formulating and executing proper plans for municipal development.
(6)
To make recommendations to the City Council concerning the procurement of financial and other aid from the state and federal governments when such aid is necessary to the achievement of the commission's planning and objectives.
(7)
To be responsible for the recommendation of a capital improvements program, that shall assist in guiding land development in the best interests of the City, which program shall be adopted with or without modifications by the City Council.
(a)
Upon adoption of the comprehensive plan by the City Council, no subdivision, street, park nor any public way, ground or space, public building or structure and no public utility, whether publicly or privately owned, which is in conflict with the comprehensive plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to and approved by the planning and zoning commission.
(b)
In case of disapproval, the petitioner may appeal to the City Council, which shall have the power to overrule such commission disapproval; and upon such overruling, the City Council or the appropriate office, department, agency or business shall have the power to proceed. The widening, narrowing, relocating, vacating or change in the use of any street, watercourse, or other public way or ground shall be subject to similar submission and approval; and failure to approve may be similarly overruled by the City Council.
The City Planning and Zoning Commission shall, subject to the approval of the City Council, make such rules and regulations and adopt such bylaws for its own government and shall designate such times and places for holding meetings as it deems proper. A majority of the commission shall constitute a quorum for the transaction of business. If a vacancy exists, that vacancy shall not be counted in determining a quorum.
(1)
The Historic District/Landmark Board is hereby established. The Historic District/Landmark Board shall assume the duties and functions of the Urban Development Action Grant (U.D.A.G.) and the former San Agustin Architectural Board. Such Board shall consist of nine (9) citizen members appointed by City Council and Mayor for terms of four (4) years from among the qualified voters of the City. The Mayor and Council shall appoint one (1) member each who shall be:
(a)
A resident of the City of Laredo; and
(b)
A person with a demonstrated interest, competence, or knowledge of historic preservation; and
(c)
A professional member of one of the following disciplines: architecture, history, architectural history, planning, archaeology, urban planning, American Studies, American civilization, cultural geography, cultural anthropology; or
(d)
A professional member of other associated disciplines: real estate, construction, banking, or engineering, etc.
(2)
Not less than one (1) member of the Board shall attend annually an informational or educational meeting sponsored by the Texas Historical Commission.
(3)
Terms of Office. The term of the Board members shall run concurrently with the four-year term of the appointing Councilman or the Mayor. A Board member may be reappointed; however, no person shall serve as a Board member for more than two (2) four-year terms of office, or eight (8) consecutive years. This provision does not preclude the reappointment of persons appointed to serve out an unexpired term.
Board members named to replace resigning members or members who have forfeited their office under the conditions enumerated in Subsection (4) of this section shall be appointed for the unexpired term of the resigned or forfeited member. If the Chairman resigns, the Board members shall elect a replacement from among their membership to fill the unexpired term.
(4)
Forfeiture of Office. A member of the Board shall forfeit his office if:
(a)
Said Board member accepts any elected or paid City Office; or
(b)
No longer resides within the City limits of the City of Laredo; or
(c)
Fails to attend three (3) consecutive scheduled meetings without being excused by vote of the majority of the members present. (As amended Ord. No. 85-0-173, 10/15/85)
(5)
Transitional rule: In view of the change of the mode of selection of the Board members by this ordinance, the following transitional rule shall be used. Each of the current Board members will be unofficially assigned to a Councilmember. Each Councilmember may then decide to keep, nominate, and confirm the Board member assigned to him or her, or to nominate another Board member that may include an existing Board member assigned to another Councilmember but not nominated or confirmed by that Councilmember. The appointees' term shall be measured from the date of appointment after this ordinance amendment - any term of office prior to the amendment of this provision shall not be taken into account when measuring the eight-year maximum term.
(1)
The Historic District/Landmark Board shall meet monthly, at a time and place to be established, such meetings to be open to the public and noticed pursuant to the requirements for any application for rezoning.
(2)
In granting or denying an application for the demolition, removal, alteration, restoration, reconstruction of any structure located in any historic district, or for any Locally Significant Historic Landmark, the Historic District/Landmark Board shall utilize the Secretary of the Interior's Standards for Rehabilitation and illustrated Guidelines for Rehabilitating Historic Buildings; and the City of Laredo, Texas, Historic Urban Design Guidelines.
(3)
The Historic District/Landmark Board shall not consider the proposed use, interior arrangement or interior design of any structure requiring their review.
(4)
Repairs and renovations to existing buildings which do not alter the exterior appearance are excepted from review by the Historic District/Landmark Board.
(5)
In all applications involving the demolition or partial demolition of a structure in a Historic District or a Locally Significant Historic Landmark, the Historic District/Landmark Board, may order the postponement of demolition for a period of time not to exceed ninety (90) days.
(6)
Any person aggrieved by the decision of the Historic District/Landmark Board may appeal the decision to the Council by filing a written appeal, specifying the reasons therefore, within thirty (30) days of the time the order is issued.
(7)
The Historic District/Landmark Board shall make recommendations to the City Council, Planning and Zoning Commission, City Manager and City Departments concerning the adoption of policies, the sources of funds, and designation of districts and landmarks that may further the City's preservation effort.
(8)
The Board shall monitor and report to the Texas Historical Commission any actions affecting any Recorded Texas Historic Landmark, National Register Property, or Archaeological Landmark within the vicinity of the City.
(1)
A Zoning Board of Adjustment is created consisting of nine (9) members. The Mayor and Councilmembers shall nominate one member each. An approved member shall serve until a new member is appointed and approved. Hearings before the Zoning Board of Adjustment shall be public. The Board shall elect a Chairperson and Vice-Chairperson. A quorum is formed by no less than five (5) members. The quorum shall act by motion in which not less than seven (7) concurring votes of the board are required to reverse an administrative decision or to grant a variance.
(2)
The Board may call upon the employees of the City Planning Department, Development Services Department, for assistance in the performance of the administrative duties of the Board.
(3)
The Board shall establish policy and guidelines that will assist in making its determination.
(4)
No Board member shall abstain from voting unless there is a conflict of interest, including the Chairperson, and four (4) members constitute a quorum.
(5)
In the absence or disability of a Board member, an alternate shall serve in the same capacity and with the same duties and responsibilities as a member.
(6)
A Board member may be removed for cause on a written charge after a public hearing. An alternate is subject to removal on the same basis as a Board member.
(Ord. No. 2021-O-024, § 1, 2-1-21; Ord. No. 2022-O-059, § 1, 5-16-22)
The Zoning Board of Adjustment shall have the following duties, responsibilities and authority:
(1)
Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, or zoning use interpretation by the Building Official, or other City Officer.
(2)
Substantive Appeals. To hear appeals to grant special variances in the following instances:
(a)
Permitting the reconstruction of a damaged, non-conforming building.
(b)
Varying the building set-back, height, distance and area requirements in peculiar and unusual circumstances which would prevent the reasonable use of the land.
(c)
The Board shall have no authority to grant variances to the specific performance standards relating to off-street parking and loading; signs and outdoor advertising; fencing; landscaping; or development standards except as specifically provided.
(d)
The Board shall have no authority to grant variances to specifications in the Standard Technical Specification Manual.
(1)
The Board in making its decisions shall be governed by the following basic standards:
(a)
The basic spirit and intent of this ordinance, and the City's Comprehensive Master Plan.
(b)
The protection of residential property values.
(c)
The health and safety of the general citizenry of Laredo.
(d)
In applicable cases, the protection of the historic and cultural aspects of the City.
(e)
In applicable cases, that the strict enforcement of this ordinance shall deny the property owner the use of his property for any reasonable land use, except as may be specifically stated in variances for parking and loading requirements.
(f)
That the essential character of the neighborhood is preserved.
(a)
Section 105 of the adopted Standard Building Code©, the Standard Plumbing Code©, the Standard Mechanical Code©, and Section 106 of the Standard Housing Code© are hereby amended as follows:
Section 105.1 (106.1) Appointment
(a)
There is hereby established a board to be called the building standards board which shall consist of five (5) members and three (3) alternate members, each of whom shall be residents of the City.
(b)
The members of such board shall serve without compensation.
(c)
Such board shall elect one (1) person to be chairperson. The members shall hold office for terms of four (4) years, expiring on the first Tuesday in April in even numbered years. Appointment shall be staggered such that three (3) members are appointed with terms expiring in 1992, and two (2) members are appointed with terms expiring in 1990. Members appointed after that time shall be appointed for four (4) years or until their successors are appointed. Such members shall be appointed by the Mayor subject to confirmation by the City Council. Any vacancy on the board shall be filled by the Mayor subject to confirmation by the City Council. Any member of such board shall be subject to removal or replacement by the appointing authority at any time for cause or stated charges after a public hearing before the appointing authority.
Section 105.3 Powers
Section 105.3.1 Variances - The building standards board, when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would be manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when in its opinion the interpretation of the building official should be modified or reversed.
Section 105.3.2 Action - The building standards board shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the building standards board shall also include the reasons for the decision. If a decision of the building standards board reverses or modifies a refusal, order or disallowance of the building official, or varies the application of any provision of this Code, the building official shall immediately take action in accordance with such decision.
Section 105.3.3 Decisions - Appeals from the decisions of the building standards board may be taken to the City Council by the building official or the applicant. The City Council shall hear the appeal not later than the second regular meeting of the Council following the filing of a written appeal to the building official.
Section 105.4 Appeals
Section 105.4.1 General - Whenever the building official shall reject the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure, or when it is claimed that the provisions of this Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of this Code or any of the regulations there under have been misconstrued or incorrectly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the building official to the building standards board. Notice of appeal shall be in writing and filed within thirty (30) days after the decision is rendered by the building official. Appeals shall be on forms provided by the building official.
(a)
A Board of Electrical Examiners is hereby created for the City, to be known as the Electrical Examining Board, which shall consist of five (5) members. Such board shall include three (3) appointive members and two (2) ex-officio members. The appointive members shall be appointed by the Mayor and confirmed by the Council. The ex-officio members shall be the City Electrical Inspector and the engineer from the electric utility company or companies.
(b)
Persons who serve on the Board of Electrical Examiners shall be qualified as follows:
(1)
One (1) person shall have at least ten (10) years active experience as a master electrician.
(2)
One (1) person shall have at least five (5) years active experience in the electrical business as an electrical contractor.
(3)
One (1) person shall have had business experience, supervisory or proprietary, or experience closely related thereto.
(c)
The appointive members of the Electrical Examining Board shall hold office from the date of appointment until the date of their reappointment, or their successors have been appointed or qualified. The board members shall be appointed for a period of two (2) years beginning on the first Tuesday in July of odd numbered years. Any member of the board may be removed by the governing body of the City for cause. Vacancies within the board may be filled by appointment for the unexpired term.
(d)
The appointive and ex-officio members of the Electrical Examining Board shall serve without compensation.
(e)
The Electrical Examining Board may promulgate such policies and procedures as necessary to conduct matters, for which it is responsible.
(f)
It shall be the duty of the Electrical Examining Board to pass on the qualifications of all applicants for license as a master electrician limited master electrician, maintenance electrician, and journeyman electrician. The board shall authorize the examination and testing of all qualified applicants, and may approve standardized testing which conforms to the requirements of the Southern Standard Building Code Congress International. The board shall also conduct reviews of grievances filed against licensed electricians, and shall render decisions in keeping with the findings of their investigations.
(a)
The Air-Conditioning Board is hereby created for the City, which shall consist of five (5) members. Such board shall include three (3) appointive members and two (2) ex-officio members. The appointive members shall be appointed by the Mayor and confirmed by the Council. The ex-officio members shall be the Building Inspections Superintendent and the City Fire Marshal.
(b)
Persons who serve on the Air-Conditioning Board shall be qualified as follows:
(1)
One (1) Class A license holder.
(2)
Two (2) Class B license holders.
(c)
The appointive members of the board shall hold office from the date of appointment until the date of their reappointment, or their successors have been appointed or qualified. The board members shall be appointed for a period of two (2) years beginning on the first Tuesday in July of odd numbered years. Any member of the board may be removed by the governing body of the City for cause. Vacancies within the board may be filled by appointment for the unexpired term.
(d)
The appointive and ex-officio members of the board shall serve without compensation.
(e)
The Air-Conditioning Board may promulgate such policies and procedures as necessary to conduct matters, for which it is responsible.
(f)
It shall be the duty of the board to oversee the examination of all eligible applicants for a Class B Air-conditioning Contractor's license. The board may approve standardized testing which conforms to the requirements of the Southern Standard Building Code Congress International in-lieu of examination administered by the City. The board shall also conduct reviews of grievances filed against licensed contractors, and shall render decisions in keeping with the findings of their investigations. The board shall make recommendations to the Council concerning changes to the provisions of the adopted mechanical code.
(DELETED: Ord. No. 2007-O-089; 5/21/07)
(1)
A Standard Technical Specification Manual Committee is created consisting of eleven (11) members. The Committee shall be made up of the Planning Director, the City Engineer, the Director of Utilities, the Environment Services Director, Traffic Safety Director, and six (6) representatives from the development community to be appointed by the Laredo Builders Association. The Committee shall elect a Chairperson and Vice-Chairperson. The Committee shall act by consensus. In the event no consensus can be reached, the point of debate will proceed to City Council with a recommendation from dissenting positions for action.
(2)
The Committee shall establish policy and guidelines that will assist in making its recommendations.
(3)
In the absence or disability of a Committee member, an alternate shall serve in the same capacity and with the same duties and responsibilities as a member.
The Committee shall have the following duties, responsibilities and authority:
(1)
The Committee shall, on an annual or as needed basis, review the Standard Technical Specification Manual. If no revisions are proposed, the Chairman of the Committee shall prepare correspondence to the City Manager, Mayor, and City Councilmembers. In the event revisions to the manual are proposed, or dissention exists within the Committee on one or more issues, recommendations shall be forwarded to the City Council for consideration of revisions to the manual.
(2)
Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, or interpretation of the Standard Technical Specification Manual by any City Officer. Interpretations shall be incorporated into Division D, Section 810, of the Standard Technical Specification Manual.
(3)
The Committee shall not hear appeals for variance to the Standard Technical Specification Manual.
The Planning Director shall have the following responsibilities:
(1)
To advise the City Manager on any matter affecting the physical development of the City;
(2)
To formulate and recommend to the City Manager a comprehensive plan and modifications thereof;
(3)
To review and make a recommendations regarding proposed Council action implementing the comprehensive plan pursuant to established planning procedure;
(4)
To participate in the preparation and revision of the capital program;
(5)
To advise the City Planning and Zoning Commission in the exercise of its responsibilities and to provide necessary staff assistance;
(6)
It shall be the duty of the City Planning Director to keep the official zoning map current and the copies thereof, herein provided for, by entering on such maps any changes which the City Council may from time to time order by amendments to the Zoning Ordinance and Map; and
(7)
The Planning Director shall act as the Flood Plain Administrator for purposes of the Federal Insurance Administration and the Flood Insurance Program.
The Building Official shall have the following duties with respect to violation of zoning regulations:
(1)
Upon being informed of a violation of any zoning regulation the Building Official or his designee shall investigate the complaint.
(2)
Upon finding that any of the provisions of this Code are being violated, he or she shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation, and shall:
i.
Order discontinuance of illegal uses of land, buildings, or structures.
ii.
Order removal of illegal buildings or structures or illegal additions or structural alterations.
iii.
Order discontinuance of any illegal work being done.
iv.
Take any other action authorized by this Code to ensure compliance with or to prevent violation(s). This may include the issuance or denial of zoning and certificate of occupancy permits, the issuance of stop orders, or such other actions as may be authorized by these regulations or adopted building codes.
(a)
The Building Official or his designee shall give thirty (30) days written notice to the owner of an abandoned or unoccupied building (i.e. a building not in use and to which public and/or private utilities have been disconnected) to secure the building against vandalism. For purposes of this section only, secure shall mean to lock, seal or cover windows, doors and other building openings in a workmanlike manner with materials which are designed and intended to effectively deter building entry by unauthorized persons.
(b)
Failure of the owner to secure the building within thirty (30) days from the time notice is sent shall result in the City of Laredo securing the building at the owner's expense.
(c)
The Building Official or his designee shall cause a lien to be placed on the property should the owner fail in the timely reimbursement the costs of securing the building to the City.
(d)
All buildings and structures which have any of the defects or lack of facilities required by the Standard Housing Code©, or in any way violate the requirements of such code, are hereby declared substandard buildings and are declared to be public nuisances and shall be ordered to be vacated, repaired, or demolished as provided in this article. It shall be the duty of the owner of all such buildings to comply with the requirements of this Code. (Ord. of 10-17-78, § 1; Ord. No. 85-0-186, 10/15/85)
The Zoning Enforcement Officer shall have the same duties and responsibilities as the Building Official with respect to violation of zoning regulations including:
(1)
Investigation of complaints.
(2)
Written notification to the person responsible for such violation(s), ordering the action necessary to correct such violation, and shall:
i.
Order discontinuance of illegal uses of land, buildings, or structures.
ii.
Order removal of illegal buildings or structures or illegal additions or structural alterations.
iii.
Order discontinuance of any illegal work being done.
(3)
Take any other action authorized by this Code to ensure compliance with or to prevent violation(s). (As amended Ord. No. 94-O-247, 12-5-94)
(1)
The Historic Preservation Officer shall be a person who has demonstrated an interest, competence, or knowledge in historic preservation who shall be appointed by the Director of Planning.
(2)
The Historic Preservation Officer shall act as the Secretary for the Historic District/Landmark Board and shall review each request and make recommendation concerning all matters brought before the Board.
(3)
The Historic Preservation Officer shall maintain and update the official handbook describing the procedures and the criteria by which the Board shall operate.
(4)
The Historic Preservation Officer shall maintain and update the inventory of all Locally Significant Historic Landmarks, the structures within the Historic Districts, and all Recorded Texas Landmarks and National Register properties.
(5)
The Historic Preservation Officer shall attend a minimum of one (1) informational or educational meeting per year sponsored by the Texas Historical Commission. (As amended Ord. No. 94-O-247, 12-5-94)
(a)
The Electrical Inspector shall be well versed in the rules and regulations of the adopted National Electrical Code©.
(b)
The inspector shall have no financial interest in any firm or organization engaged in electrical contracting business or in the sale of electrical fixtures or appliances or any related businesses in the City.
(c)
The inspector must have at least five (5) years experience as a master electrician, except that fifteen (15) undergraduate college credit hours in either engineering, architecture, building construction, or other building related field, may be substituted for one year of experience and the inspector shall be certified through a recognized certification program for the appropriate trade within one (1) year of employment.
(d)
The inspector shall have the right during reasonable hours to enter into any building or premises for the purpose of making inspections, or tests of installations of electrical apparatus or appliances, or materials, or in the discharge of any other of his official duties.
(e)
The inspector shall have the authority to disconnect, or cause to be disconnected, electrical service serving premises or buildings in case of emergency, or when such electrical current is in this opinion dangerous to life or property.
(f)
The Electrical Inspector shall deny electrical service in any case where water and wastewater facilities and service has not been approved by the City of Laredo.
(g)
The Electrical Inspector shall keep on file in his office the following data: a complete record of all licensed master electricians in the City; a copy of this chapter, together with the latest changes or revisions that may be made to same; the adopted "National Electrical Code©" and such copies shall be open to inspection by any person, firm or corporation.
The inspector must be licensed by the Texas State Board of Plumbing Examiners as a Plumbing Inspector, within six (6) months of employment.
Section 101.4.3 of the Standard Building Code© and the Standard Mechanical Code© and Section 102.1 of the Standard Housing Code© are hereby amended to read as follows:
(1)
The Development Services Director shall appoint or hire such number of officers, inspectors, assistants and other employees as shall be authorized from time to time. The requirements include five (5) years experience as a building inspector, engineer, architect, or as a superintendent, foreman, or competent mechanic in charge of construction, except that fifteen (15) undergraduate college credit hours in either engineering, architecture, building construction, or other building related field, may be substituted for one (1) year of experience in the respective field. The inspector shall be certified, through a recognized certification program for the appropriate trade within one (1) year of employment.
(2)
It shall be the duty of a building inspector or a Code Enforcement Officer to conduct inspections of the premises believed to be in violation of the standards of this Code and shall take all reasonable steps to secure voluntary compliance. When such officer believes that violations of this article exist, but the owner of such premises disagrees or fails to voluntarily comply with such requirements, it shall be the duty of such officer to file a complaint in the Municipal Court.
BOARDS, COMMISSIONS AND APPOINTIVE OFFICES
(a)
There is hereby created and established within and for the City a planning and zoning commission consisting of nine (9) members appointed by the Council and Mayor for terms of four (4) years from among the qualified voters of the City. The Mayor and Council shall appoint one (1) member each. Members of the commission shall hold no other City office. The commission shall make recommendations to the City Manager and the City Council on all matters affecting the physical development of the City, shall be consulted on the comprehensive plan and the implementation thereof, and shall exercise all other responsibilities as may be provided by law.
(b)
The members of the Planning and Zoning Commission shall be resident citizens and qualified voters of the City. The terms of the Planning and Zoning Commissioners shall run concurrently with the four-year term of the appointing Councilman or the Mayor. A commissioner may be reappointed; however, no person shall serve as a Planning and Zoning Commissioner for more than two (2) four-year terms of office, or eight (8) consecutive years. This provision does not preclude the reappointment of persons appointed to serve out an unexpired term.
(c)
Commissioners appointed to replace resignations shall serve the unexpired term of the resigned commissioner. All members of the planning and zoning commission shall remain in office until new appointments are made.
(d)
Appointments to any vacancy in the planning and zoning commission shall be made by the Councilman or the Mayor who made the previous appointment. The Councilman or the Mayor shall appoint and fill such vacancy within thirty (30) days from the commencement of such vacancy.
(e)
The Planning and Zoning Commission shall elect a chairman and vice-chairman to serve a term of one (1) year. The election shall be held at the first regular planning and zoning meeting every October. Upon resignation of any officer, the commission shall elect a replacement from the commission to fill the unexpired term.
(f)
A Planning and Zoning Commissioner shall automatically forfeit the office of Planning and Zoning Commissioner if the commissioner:
(1)
Accepts any elected or paid City office; or
(2)
No longer resides within the City limits;
(3)
Fails to attend three (3) consecutive regular meetings without being excused by the commission.
(4)
Is absent for more than twenty-five percent (25%) of regular meetings, with or without excuse, during a term year.
(5)
Fails to attend less than fifteen (15) hours of specialized planning workshops during a term year, the costs of such workshops to be paid by the City.
(6)
Willfully, intentionally and knowingly violates any standard of conduct adopted by the commission.
The members of the Planning and Zoning Commission shall serve without pay but may be reimbursed for business expenses incurred in relation to commission business and approved by the commission and approved by the City Manager.
The City Planning and Zoning Commission shall have the following powers and responsibilities:
(1)
To make and amend a comprehensive plan for the development of the City, to include the making of maps of the whole, or of any portion, of the City and to make changes in, additions to and extensions of such plan or maps when it deems advisable. Such plan and maps shall show the commission's recommendations for location and extend of streets, bridges, playgrounds, parks and other public grounds and public improvements and shall include a twenty-year growth area for the City. The commission may adopt the plan as a whole by single resolution, or by successive resolutions may adopt successive parts of the plan, such parts to correspond with major geographic sections of the City, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment or extension or addition, the commission shall hold at least one (1) public hearing thereon after ten (10) days notice published in a daily newspaper of general circulation printed in the City. The adoption of the plan, or any such part, amendment, extension or addition, shall be by resolution carried by the affirmative votes of not less than a majority of the members of the commission. A copy of the plan or part attested by the chairperson and secretary of the commission shall be certified to the City Council. If such plan or part, the Planning and Zoning Commission may modify such plan or part thereof and again certify it to the City Council for their approval.
(2)
To recommend to the City Council alternative zoning plans for the City and approval or disapproval of proposed changes in the zoning plan; and in addition, to recommend certain special permits for specific land uses that may not be adequately regulated by zoning.
(3)
To exercise control over platting, replatting or subdividing land within the corporate limits of the City and within area of extraterritorial jurisdiction to effectively control all applications for such platting, replatting or subdividing of land, with such plats and maps as is required by law.
(4)
To make studies and project plans for the improvements of the City with the view of its future development and extension.
(5)
To act with and assist the City Council in formulating and executing proper plans for municipal development.
(6)
To make recommendations to the City Council concerning the procurement of financial and other aid from the state and federal governments when such aid is necessary to the achievement of the commission's planning and objectives.
(7)
To be responsible for the recommendation of a capital improvements program, that shall assist in guiding land development in the best interests of the City, which program shall be adopted with or without modifications by the City Council.
(a)
Upon adoption of the comprehensive plan by the City Council, no subdivision, street, park nor any public way, ground or space, public building or structure and no public utility, whether publicly or privately owned, which is in conflict with the comprehensive plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to and approved by the planning and zoning commission.
(b)
In case of disapproval, the petitioner may appeal to the City Council, which shall have the power to overrule such commission disapproval; and upon such overruling, the City Council or the appropriate office, department, agency or business shall have the power to proceed. The widening, narrowing, relocating, vacating or change in the use of any street, watercourse, or other public way or ground shall be subject to similar submission and approval; and failure to approve may be similarly overruled by the City Council.
The City Planning and Zoning Commission shall, subject to the approval of the City Council, make such rules and regulations and adopt such bylaws for its own government and shall designate such times and places for holding meetings as it deems proper. A majority of the commission shall constitute a quorum for the transaction of business. If a vacancy exists, that vacancy shall not be counted in determining a quorum.
(1)
The Historic District/Landmark Board is hereby established. The Historic District/Landmark Board shall assume the duties and functions of the Urban Development Action Grant (U.D.A.G.) and the former San Agustin Architectural Board. Such Board shall consist of nine (9) citizen members appointed by City Council and Mayor for terms of four (4) years from among the qualified voters of the City. The Mayor and Council shall appoint one (1) member each who shall be:
(a)
A resident of the City of Laredo; and
(b)
A person with a demonstrated interest, competence, or knowledge of historic preservation; and
(c)
A professional member of one of the following disciplines: architecture, history, architectural history, planning, archaeology, urban planning, American Studies, American civilization, cultural geography, cultural anthropology; or
(d)
A professional member of other associated disciplines: real estate, construction, banking, or engineering, etc.
(2)
Not less than one (1) member of the Board shall attend annually an informational or educational meeting sponsored by the Texas Historical Commission.
(3)
Terms of Office. The term of the Board members shall run concurrently with the four-year term of the appointing Councilman or the Mayor. A Board member may be reappointed; however, no person shall serve as a Board member for more than two (2) four-year terms of office, or eight (8) consecutive years. This provision does not preclude the reappointment of persons appointed to serve out an unexpired term.
Board members named to replace resigning members or members who have forfeited their office under the conditions enumerated in Subsection (4) of this section shall be appointed for the unexpired term of the resigned or forfeited member. If the Chairman resigns, the Board members shall elect a replacement from among their membership to fill the unexpired term.
(4)
Forfeiture of Office. A member of the Board shall forfeit his office if:
(a)
Said Board member accepts any elected or paid City Office; or
(b)
No longer resides within the City limits of the City of Laredo; or
(c)
Fails to attend three (3) consecutive scheduled meetings without being excused by vote of the majority of the members present. (As amended Ord. No. 85-0-173, 10/15/85)
(5)
Transitional rule: In view of the change of the mode of selection of the Board members by this ordinance, the following transitional rule shall be used. Each of the current Board members will be unofficially assigned to a Councilmember. Each Councilmember may then decide to keep, nominate, and confirm the Board member assigned to him or her, or to nominate another Board member that may include an existing Board member assigned to another Councilmember but not nominated or confirmed by that Councilmember. The appointees' term shall be measured from the date of appointment after this ordinance amendment - any term of office prior to the amendment of this provision shall not be taken into account when measuring the eight-year maximum term.
(1)
The Historic District/Landmark Board shall meet monthly, at a time and place to be established, such meetings to be open to the public and noticed pursuant to the requirements for any application for rezoning.
(2)
In granting or denying an application for the demolition, removal, alteration, restoration, reconstruction of any structure located in any historic district, or for any Locally Significant Historic Landmark, the Historic District/Landmark Board shall utilize the Secretary of the Interior's Standards for Rehabilitation and illustrated Guidelines for Rehabilitating Historic Buildings; and the City of Laredo, Texas, Historic Urban Design Guidelines.
(3)
The Historic District/Landmark Board shall not consider the proposed use, interior arrangement or interior design of any structure requiring their review.
(4)
Repairs and renovations to existing buildings which do not alter the exterior appearance are excepted from review by the Historic District/Landmark Board.
(5)
In all applications involving the demolition or partial demolition of a structure in a Historic District or a Locally Significant Historic Landmark, the Historic District/Landmark Board, may order the postponement of demolition for a period of time not to exceed ninety (90) days.
(6)
Any person aggrieved by the decision of the Historic District/Landmark Board may appeal the decision to the Council by filing a written appeal, specifying the reasons therefore, within thirty (30) days of the time the order is issued.
(7)
The Historic District/Landmark Board shall make recommendations to the City Council, Planning and Zoning Commission, City Manager and City Departments concerning the adoption of policies, the sources of funds, and designation of districts and landmarks that may further the City's preservation effort.
(8)
The Board shall monitor and report to the Texas Historical Commission any actions affecting any Recorded Texas Historic Landmark, National Register Property, or Archaeological Landmark within the vicinity of the City.
(1)
A Zoning Board of Adjustment is created consisting of nine (9) members. The Mayor and Councilmembers shall nominate one member each. An approved member shall serve until a new member is appointed and approved. Hearings before the Zoning Board of Adjustment shall be public. The Board shall elect a Chairperson and Vice-Chairperson. A quorum is formed by no less than five (5) members. The quorum shall act by motion in which not less than seven (7) concurring votes of the board are required to reverse an administrative decision or to grant a variance.
(2)
The Board may call upon the employees of the City Planning Department, Development Services Department, for assistance in the performance of the administrative duties of the Board.
(3)
The Board shall establish policy and guidelines that will assist in making its determination.
(4)
No Board member shall abstain from voting unless there is a conflict of interest, including the Chairperson, and four (4) members constitute a quorum.
(5)
In the absence or disability of a Board member, an alternate shall serve in the same capacity and with the same duties and responsibilities as a member.
(6)
A Board member may be removed for cause on a written charge after a public hearing. An alternate is subject to removal on the same basis as a Board member.
(Ord. No. 2021-O-024, § 1, 2-1-21; Ord. No. 2022-O-059, § 1, 5-16-22)
The Zoning Board of Adjustment shall have the following duties, responsibilities and authority:
(1)
Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, or zoning use interpretation by the Building Official, or other City Officer.
(2)
Substantive Appeals. To hear appeals to grant special variances in the following instances:
(a)
Permitting the reconstruction of a damaged, non-conforming building.
(b)
Varying the building set-back, height, distance and area requirements in peculiar and unusual circumstances which would prevent the reasonable use of the land.
(c)
The Board shall have no authority to grant variances to the specific performance standards relating to off-street parking and loading; signs and outdoor advertising; fencing; landscaping; or development standards except as specifically provided.
(d)
The Board shall have no authority to grant variances to specifications in the Standard Technical Specification Manual.
(1)
The Board in making its decisions shall be governed by the following basic standards:
(a)
The basic spirit and intent of this ordinance, and the City's Comprehensive Master Plan.
(b)
The protection of residential property values.
(c)
The health and safety of the general citizenry of Laredo.
(d)
In applicable cases, the protection of the historic and cultural aspects of the City.
(e)
In applicable cases, that the strict enforcement of this ordinance shall deny the property owner the use of his property for any reasonable land use, except as may be specifically stated in variances for parking and loading requirements.
(f)
That the essential character of the neighborhood is preserved.
(a)
Section 105 of the adopted Standard Building Code©, the Standard Plumbing Code©, the Standard Mechanical Code©, and Section 106 of the Standard Housing Code© are hereby amended as follows:
Section 105.1 (106.1) Appointment
(a)
There is hereby established a board to be called the building standards board which shall consist of five (5) members and three (3) alternate members, each of whom shall be residents of the City.
(b)
The members of such board shall serve without compensation.
(c)
Such board shall elect one (1) person to be chairperson. The members shall hold office for terms of four (4) years, expiring on the first Tuesday in April in even numbered years. Appointment shall be staggered such that three (3) members are appointed with terms expiring in 1992, and two (2) members are appointed with terms expiring in 1990. Members appointed after that time shall be appointed for four (4) years or until their successors are appointed. Such members shall be appointed by the Mayor subject to confirmation by the City Council. Any vacancy on the board shall be filled by the Mayor subject to confirmation by the City Council. Any member of such board shall be subject to removal or replacement by the appointing authority at any time for cause or stated charges after a public hearing before the appointing authority.
Section 105.3 Powers
Section 105.3.1 Variances - The building standards board, when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would be manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when in its opinion the interpretation of the building official should be modified or reversed.
Section 105.3.2 Action - The building standards board shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the building standards board shall also include the reasons for the decision. If a decision of the building standards board reverses or modifies a refusal, order or disallowance of the building official, or varies the application of any provision of this Code, the building official shall immediately take action in accordance with such decision.
Section 105.3.3 Decisions - Appeals from the decisions of the building standards board may be taken to the City Council by the building official or the applicant. The City Council shall hear the appeal not later than the second regular meeting of the Council following the filing of a written appeal to the building official.
Section 105.4 Appeals
Section 105.4.1 General - Whenever the building official shall reject the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure, or when it is claimed that the provisions of this Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of this Code or any of the regulations there under have been misconstrued or incorrectly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the building official to the building standards board. Notice of appeal shall be in writing and filed within thirty (30) days after the decision is rendered by the building official. Appeals shall be on forms provided by the building official.
(a)
A Board of Electrical Examiners is hereby created for the City, to be known as the Electrical Examining Board, which shall consist of five (5) members. Such board shall include three (3) appointive members and two (2) ex-officio members. The appointive members shall be appointed by the Mayor and confirmed by the Council. The ex-officio members shall be the City Electrical Inspector and the engineer from the electric utility company or companies.
(b)
Persons who serve on the Board of Electrical Examiners shall be qualified as follows:
(1)
One (1) person shall have at least ten (10) years active experience as a master electrician.
(2)
One (1) person shall have at least five (5) years active experience in the electrical business as an electrical contractor.
(3)
One (1) person shall have had business experience, supervisory or proprietary, or experience closely related thereto.
(c)
The appointive members of the Electrical Examining Board shall hold office from the date of appointment until the date of their reappointment, or their successors have been appointed or qualified. The board members shall be appointed for a period of two (2) years beginning on the first Tuesday in July of odd numbered years. Any member of the board may be removed by the governing body of the City for cause. Vacancies within the board may be filled by appointment for the unexpired term.
(d)
The appointive and ex-officio members of the Electrical Examining Board shall serve without compensation.
(e)
The Electrical Examining Board may promulgate such policies and procedures as necessary to conduct matters, for which it is responsible.
(f)
It shall be the duty of the Electrical Examining Board to pass on the qualifications of all applicants for license as a master electrician limited master electrician, maintenance electrician, and journeyman electrician. The board shall authorize the examination and testing of all qualified applicants, and may approve standardized testing which conforms to the requirements of the Southern Standard Building Code Congress International. The board shall also conduct reviews of grievances filed against licensed electricians, and shall render decisions in keeping with the findings of their investigations.
(a)
The Air-Conditioning Board is hereby created for the City, which shall consist of five (5) members. Such board shall include three (3) appointive members and two (2) ex-officio members. The appointive members shall be appointed by the Mayor and confirmed by the Council. The ex-officio members shall be the Building Inspections Superintendent and the City Fire Marshal.
(b)
Persons who serve on the Air-Conditioning Board shall be qualified as follows:
(1)
One (1) Class A license holder.
(2)
Two (2) Class B license holders.
(c)
The appointive members of the board shall hold office from the date of appointment until the date of their reappointment, or their successors have been appointed or qualified. The board members shall be appointed for a period of two (2) years beginning on the first Tuesday in July of odd numbered years. Any member of the board may be removed by the governing body of the City for cause. Vacancies within the board may be filled by appointment for the unexpired term.
(d)
The appointive and ex-officio members of the board shall serve without compensation.
(e)
The Air-Conditioning Board may promulgate such policies and procedures as necessary to conduct matters, for which it is responsible.
(f)
It shall be the duty of the board to oversee the examination of all eligible applicants for a Class B Air-conditioning Contractor's license. The board may approve standardized testing which conforms to the requirements of the Southern Standard Building Code Congress International in-lieu of examination administered by the City. The board shall also conduct reviews of grievances filed against licensed contractors, and shall render decisions in keeping with the findings of their investigations. The board shall make recommendations to the Council concerning changes to the provisions of the adopted mechanical code.
(DELETED: Ord. No. 2007-O-089; 5/21/07)
(1)
A Standard Technical Specification Manual Committee is created consisting of eleven (11) members. The Committee shall be made up of the Planning Director, the City Engineer, the Director of Utilities, the Environment Services Director, Traffic Safety Director, and six (6) representatives from the development community to be appointed by the Laredo Builders Association. The Committee shall elect a Chairperson and Vice-Chairperson. The Committee shall act by consensus. In the event no consensus can be reached, the point of debate will proceed to City Council with a recommendation from dissenting positions for action.
(2)
The Committee shall establish policy and guidelines that will assist in making its recommendations.
(3)
In the absence or disability of a Committee member, an alternate shall serve in the same capacity and with the same duties and responsibilities as a member.
The Committee shall have the following duties, responsibilities and authority:
(1)
The Committee shall, on an annual or as needed basis, review the Standard Technical Specification Manual. If no revisions are proposed, the Chairman of the Committee shall prepare correspondence to the City Manager, Mayor, and City Councilmembers. In the event revisions to the manual are proposed, or dissention exists within the Committee on one or more issues, recommendations shall be forwarded to the City Council for consideration of revisions to the manual.
(2)
Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, or interpretation of the Standard Technical Specification Manual by any City Officer. Interpretations shall be incorporated into Division D, Section 810, of the Standard Technical Specification Manual.
(3)
The Committee shall not hear appeals for variance to the Standard Technical Specification Manual.
The Planning Director shall have the following responsibilities:
(1)
To advise the City Manager on any matter affecting the physical development of the City;
(2)
To formulate and recommend to the City Manager a comprehensive plan and modifications thereof;
(3)
To review and make a recommendations regarding proposed Council action implementing the comprehensive plan pursuant to established planning procedure;
(4)
To participate in the preparation and revision of the capital program;
(5)
To advise the City Planning and Zoning Commission in the exercise of its responsibilities and to provide necessary staff assistance;
(6)
It shall be the duty of the City Planning Director to keep the official zoning map current and the copies thereof, herein provided for, by entering on such maps any changes which the City Council may from time to time order by amendments to the Zoning Ordinance and Map; and
(7)
The Planning Director shall act as the Flood Plain Administrator for purposes of the Federal Insurance Administration and the Flood Insurance Program.
The Building Official shall have the following duties with respect to violation of zoning regulations:
(1)
Upon being informed of a violation of any zoning regulation the Building Official or his designee shall investigate the complaint.
(2)
Upon finding that any of the provisions of this Code are being violated, he or she shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation, and shall:
i.
Order discontinuance of illegal uses of land, buildings, or structures.
ii.
Order removal of illegal buildings or structures or illegal additions or structural alterations.
iii.
Order discontinuance of any illegal work being done.
iv.
Take any other action authorized by this Code to ensure compliance with or to prevent violation(s). This may include the issuance or denial of zoning and certificate of occupancy permits, the issuance of stop orders, or such other actions as may be authorized by these regulations or adopted building codes.
(a)
The Building Official or his designee shall give thirty (30) days written notice to the owner of an abandoned or unoccupied building (i.e. a building not in use and to which public and/or private utilities have been disconnected) to secure the building against vandalism. For purposes of this section only, secure shall mean to lock, seal or cover windows, doors and other building openings in a workmanlike manner with materials which are designed and intended to effectively deter building entry by unauthorized persons.
(b)
Failure of the owner to secure the building within thirty (30) days from the time notice is sent shall result in the City of Laredo securing the building at the owner's expense.
(c)
The Building Official or his designee shall cause a lien to be placed on the property should the owner fail in the timely reimbursement the costs of securing the building to the City.
(d)
All buildings and structures which have any of the defects or lack of facilities required by the Standard Housing Code©, or in any way violate the requirements of such code, are hereby declared substandard buildings and are declared to be public nuisances and shall be ordered to be vacated, repaired, or demolished as provided in this article. It shall be the duty of the owner of all such buildings to comply with the requirements of this Code. (Ord. of 10-17-78, § 1; Ord. No. 85-0-186, 10/15/85)
The Zoning Enforcement Officer shall have the same duties and responsibilities as the Building Official with respect to violation of zoning regulations including:
(1)
Investigation of complaints.
(2)
Written notification to the person responsible for such violation(s), ordering the action necessary to correct such violation, and shall:
i.
Order discontinuance of illegal uses of land, buildings, or structures.
ii.
Order removal of illegal buildings or structures or illegal additions or structural alterations.
iii.
Order discontinuance of any illegal work being done.
(3)
Take any other action authorized by this Code to ensure compliance with or to prevent violation(s). (As amended Ord. No. 94-O-247, 12-5-94)
(1)
The Historic Preservation Officer shall be a person who has demonstrated an interest, competence, or knowledge in historic preservation who shall be appointed by the Director of Planning.
(2)
The Historic Preservation Officer shall act as the Secretary for the Historic District/Landmark Board and shall review each request and make recommendation concerning all matters brought before the Board.
(3)
The Historic Preservation Officer shall maintain and update the official handbook describing the procedures and the criteria by which the Board shall operate.
(4)
The Historic Preservation Officer shall maintain and update the inventory of all Locally Significant Historic Landmarks, the structures within the Historic Districts, and all Recorded Texas Landmarks and National Register properties.
(5)
The Historic Preservation Officer shall attend a minimum of one (1) informational or educational meeting per year sponsored by the Texas Historical Commission. (As amended Ord. No. 94-O-247, 12-5-94)
(a)
The Electrical Inspector shall be well versed in the rules and regulations of the adopted National Electrical Code©.
(b)
The inspector shall have no financial interest in any firm or organization engaged in electrical contracting business or in the sale of electrical fixtures or appliances or any related businesses in the City.
(c)
The inspector must have at least five (5) years experience as a master electrician, except that fifteen (15) undergraduate college credit hours in either engineering, architecture, building construction, or other building related field, may be substituted for one year of experience and the inspector shall be certified through a recognized certification program for the appropriate trade within one (1) year of employment.
(d)
The inspector shall have the right during reasonable hours to enter into any building or premises for the purpose of making inspections, or tests of installations of electrical apparatus or appliances, or materials, or in the discharge of any other of his official duties.
(e)
The inspector shall have the authority to disconnect, or cause to be disconnected, electrical service serving premises or buildings in case of emergency, or when such electrical current is in this opinion dangerous to life or property.
(f)
The Electrical Inspector shall deny electrical service in any case where water and wastewater facilities and service has not been approved by the City of Laredo.
(g)
The Electrical Inspector shall keep on file in his office the following data: a complete record of all licensed master electricians in the City; a copy of this chapter, together with the latest changes or revisions that may be made to same; the adopted "National Electrical Code©" and such copies shall be open to inspection by any person, firm or corporation.
The inspector must be licensed by the Texas State Board of Plumbing Examiners as a Plumbing Inspector, within six (6) months of employment.
Section 101.4.3 of the Standard Building Code© and the Standard Mechanical Code© and Section 102.1 of the Standard Housing Code© are hereby amended to read as follows:
(1)
The Development Services Director shall appoint or hire such number of officers, inspectors, assistants and other employees as shall be authorized from time to time. The requirements include five (5) years experience as a building inspector, engineer, architect, or as a superintendent, foreman, or competent mechanic in charge of construction, except that fifteen (15) undergraduate college credit hours in either engineering, architecture, building construction, or other building related field, may be substituted for one (1) year of experience in the respective field. The inspector shall be certified, through a recognized certification program for the appropriate trade within one (1) year of employment.
(2)
It shall be the duty of a building inspector or a Code Enforcement Officer to conduct inspections of the premises believed to be in violation of the standards of this Code and shall take all reasonable steps to secure voluntary compliance. When such officer believes that violations of this article exist, but the owner of such premises disagrees or fails to voluntarily comply with such requirements, it shall be the duty of such officer to file a complaint in the Municipal Court.