§ 154.01 BUILDING PERMIT REQUIRED FOR NON-AGRICULTURAL DEVELOPMENT.

   A building permit is required prior to any clearing, excavation or construction on any property for the purpose of non-agricultural development.

(2005 Code, § 9-11-1) (Ord. 850905-1, passed 9-5-1985)

§ 154.02 CERTIFICATION OF COMPLIANCE WITH DEED RESTRICTIONS ON APPLICATION.

   (A)   In addition to other requirements of the Building Code or other ordinances of the City of Heath, any person making application for a building permit within the city shall certify that he or she has made an examination of the title to the property upon which the building or other structure for which the permit is sought to be constructed, and that the building or structure complies in each and every respect with any and all applicable deed restrictions or other covenants or encumbrances of record.

   (B)   The certification shall be incorporated within the building permit application and shall be in substantially the following language, to-wit:

“I certify that I have made an examination of the title to the property upon which the building or structure, for which this permit is sought, is to be constructed, and the proposed building or structure complies in each and every respect with any and all applicable covenants, deed restrictions and encumbrances of such property.”

(2005 Code, § 9-11-2) (Ord. 120, passed 7-7-1983)

§ 154.03 CERTIFICATION UNDER OATH.

   The certification set out in § 154.02 above and incorporated within the building permit application shall be made under oath before a Notary Public of the State of Texas.

(2005 Code, § 9-11-3)

§ 154.04 [RESERVED].

§ 154.05 FINAL PLAT APPROVAL REQUIRED PRIOR TO ISSUANCE OF BUILDING PERMIT.

   A building permit shall not be issued if the final plats have not been approved and duly recorded with the County of Rockwall, and on file with the City of Heath.

(2005 Code, § 9-11-5)

§ 154.06 SECTION DOES NOT REPLACE OR AMEND BUILDING PERMITS REQUIRED IN OTHER CHAPTERS.

   This section does not replace or amend in any form the building permits required in other chapters.

(2005 Code, § 9-11-6)

§ 154.07 QUIET HOURS.

   (A)   No work or activity on a residential or commercial construction site which generates excessively disturbing noise to a person of ordinary sensibilities in the vicinity shall occur between the hours of 8:00 p.m. to 7:00 a.m. of the following morning, Monday through Saturday and all day on Sunday.

   (B)   Upon good cause being shown, the City Manager or his or her designee may grant a temporary variance to division (A) above.

(2005 Code, § 9-11-7)

   (C)   An application for a temporary variance shall be submitted in writing, shall be considered a variance request and shall be accompanied by a fee as identified in the fee schedule adopted by separate action by the City Council. Such fee shall be paid at the time of the application.

(Ord. 110503, passed 5-3-2011) Penalty, see § 154.99