The provisions of section 341.066 of the Texas Health and Safety
Code, entitled “Tourist Courts, Hotels, Inns, and Roominghouses,”
as they may be amended, are hereby adopted in full as if set forth
fully herein.
(Ordinance 09-361 adopted 1/7/09)
For the purpose of this article, the following terms, words,
and derivations shall have the meaning given, unless the context clearly
indicates or requires a different meaning:
Bathroom.
An enclosed space or spaces containing one or more toilets,
lavatories, bathtubs, showers, or any combination of fixtures serving
similar purposes.
Building codes.
National Electric Code, International Building Code, International
Fire Code, International Mechanical Code, and International Plumbing
Code, adopted by the city which was in effect at the time of construction
of the building in question.
Dangerous building.
Shall have the same meaning prescribed by article
3.08 of this code, as now existing or hereafter amended.
Designated city official (“DCO”).
The city manager’s designee or delegated staff or duly
authorized representative of the city. This term shall include, but
is not limited to code enforcement officers, building inspector, fire
inspector, health officer, employee of department of community development
and other authorized departments of the city.
Health care facility.
Any institution that provides medical, surgical, and overnight
facilities for patients, including, but not limited to, hospitals,
clinics, physical therapy facilities, doctor’s offices, dentist’s
offices, nursing homes, adult care facilities, convalescent homes
and residential treatment centers/homes.
Hotel.
Any hotel, motel, lodging house, roominghouse, tourist court
or inn in the city having eight (8) or more rooms where transient
guests are fed or lodged for pay. This term shall not include any
halfway house or healthcare facility located within the city.
Hotel room or room.
The portion of the hotel which may be used by a guest as
a temporary residence, including single rooms and suites.
Let or let for occupancy.
To permit, provide or offer possession or occupancy of a
dwelling unit, rooming unit, building, premises or structure by a
person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license.
Manager.
Any person who manages the business operations of any hotel,
whose duties may include the collection of rental charges, issuing
of keys, direction of maintenance personnel, assigning of rooms to
guests, handling guest affairs, or overseeing security.
Operator.
Any person who is the proprietor of any hotel whether in
the capacity of the owner, lessee, receiver, sublessee, franchisee,
mortgagee in possession, manager or agent of any of the aforementioned,
who offers or accepts payment for rooms, guestrooms, sleeping accommodations,
or board and lodging, and retains the right of access to, and control
of, the dwelling units.
Owner.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court.
Person.
A natural person, his heirs, executors, administrators, or
assigns, and also includes a firm, partnership or corporation, its
or their successors or assigns, or the agent of any of the aforesaid.
Plumbing.
Gas pipes, fuel supply lines, toilets, lavatories, sinks,
laundry tubs, catch basins, wash basins, bathtubs, shower baths, waste
sewer pipes and sewerage systems, septic tanks, drains, vents, traps,
and any other fuel-burning or water-using fixtures and appliances,
private fire hydrants, and all connections to water, waste, sewer,
or gas pipes.
Substandard building.
A building which, by reason of faulty construction, age,
or lack of repair, fails to meet the minimum construction standards
imposed by applicable provisions of the building code heretofore duly
adopted by the city.
(Ordinance 09-361 adopted 1/7/09)
(a) It
shall be unlawful to operate a hotel without a hotel permit. The application
shall be submitted with the hotel permit fee. The hotel permit fee
shall be fifty dollars ($50.00) plus eleven dollars ($11.00) per guestroom.
(b)
(1) An application for an annual hotel permit shall be filed with the
community development department on a yearly basis by the owner or
operator of each hotel. The initial deadline shall be within 45 days
of passage of this article. The hotel permit shall be issued or denied
within 60 days of receipt of the completed application. This initial
hotel permit shall be effective until December 31, 2009 unless revoked
earlier. The initial application fee will be prorated based on the
number of months remaining before the December 31st expiration of
the hotel permit. Applications thereafter must be submitted prior
to December 31st each year, or if this date falls on a Saturday or
Sunday, on the next business day. All subsequent hotel permits shall
be effective until December 31st of the following year.
(2) In the event that a new hotel applies for a hotel permit during the
year (after the December 31st application deadline), the hotel permit
will be issued or denied within 60 days and the hotel permit shall
be effective until December 31st of the subsequent year. The application
fee will be prorated based on the number of months remaining before
the December 31st expiration of the hotel permit. Any subsequent hotel
permit shall be applied for in accordance with the December 31st deadline
above.
(c) The
application for a hotel permit hereunder shall constitute the consent
of the applicant and owner to an inspection of the entire permitted
premises at reasonable times by the DCO for the purposes of determining
whether there is any violation on the permitted premises, or the premises
sought to be permitted, of any ordinance of the city or any law of
the state. Continued maintenance and compliance with this article
are conditions that are necessary to retain a hotel permit and to
obtain any renewal of a hotel permit.
(d) A
hotel permit shall not be transferable or assignable from one person,
firm, partnership, corporation or entity to another person, firm,
partnership, corporation or entity.
(e) Whenever
a change in the operator or owner occurs at an existing hotel, the
new operator or owner shall apply for a hotel permit within ten business
days after closing on the sale of the property. If the prior operator’s
hotel permit was denied or revoked, a provisional hotel permit may
be issued to the new owner or operator with special conditions designated
by the DCO while the new operator or owner’s application for
permit is pending a decision.
(f) The
operator shall display the hotel permit and a copy of the most recent
inspection report in the hotel in an open and conspicuous public place
in the lobby at or near the check-in desk.
(g) Failure
to obtain a hotel permit or maintain a hotel permit at all times may
result in revocation of the hotel’s certificate of occupancy.
(h)
(1) Once the hotel permit is obtained, the DCO may routinely inspect:
(A) The exterior of the structures and all of the common grounds of all
hotels;
(B) Any or all unoccupied hotel rooms and any and all occupied hotel
rooms with permission of the occupant;
(C) Any or all storage areas, community buildings, swimming pools, athletic
facilities, club rooms, equipment rooms, and all other portions of
the facility; and/or
(D) Any portion or portions of the hotel upon receipt of a complaint
from any person, city department, employee, or division that any portion
of the premises may be in violation of any applicable law.
(2) In the event the DCO is denied entry, that denial is a violation
of this article and the DCO may use the resources provided by law
to gain entry.
(3) The DCO, upon presentation of proper identification to the occupant
in charge of any hotel room, may enter, with the occupant’s
permission, any hotel room; provided, however, that in cases of emergency
where extreme hazards are known to exist which may involve imminent
injury to person, loss of life, or severe property damage, the DCO
may, after presentation of proper identification enter a hotel room
at any time. Whenever the DCO is denied entry to inspect any premises
under this provision he may use the resources provided by law to gain
entry.
(i) If
the DCO finds that a hotel does not pass an inspection, all necessary
corrections shall be made and the hotel owner, operator or manager
shall request a reinspection. When a hotel reinspection is requested,
a reinspection fee will be assessed for each reinspection until corrections
are made and compliance is achieved. The reinspection fee for each
reinspection shall be one hundred dollars ($100.00) plus eleven dollars
($11.00) for each guest room determined to be in violation.
(Ordinance 09-361 adopted 1/7/09)
(a) The
department of community development shall approve the issuance of
a hotel permit to an applicant within sixty (60) days after receipt
of an application, unless the department finds one (1) or more of
the following to be true:
(1) The applicant failed to supply all of the information requested on
the application;
(2) The applicant gave false, fraudulent or untruthful information on
the application;
(3) The hotel permit, inspection, or reinspection fees required by this
article have not been paid;
(4) The hotel owner, operator, or manager has failed to submit the required hotel occupancy tax in accordance with article
11.02 of this code, as now or hereafter amended; or
(5) The hotel as constructed or as proposed to be operated by the applicant
does not comply with all applicable laws including, but not limited
to, the applicable building, zoning, housing, fire, safety, and health
regulations and codes, including the provisions of this article.
(b) The
owner or operator may appeal the DCO’s decision in accordance
with this article.
(Ordinance 09-361 adopted 1/7/09)
(a) Filing appeal.
Any owner or operator of a hotel that
has been denied a hotel permit by the DCO may appeal this action to
the city council. The owner or operator must file an appeal at the
office of the DCO containing the following:
(1) A caption reading: “Appeal of Denial for a Hotel Permit,”
giving the names of all appellants participating in the appeal;
(2) A brief statement setting forth the legal interest of each of the
appellants;
(3) A brief statement in ordinary and concise language of that action
protested, together with any material facts claimed to support the
contentions of the appellant;
(4) A brief statement in ordinary and concise language of the relief
sought and reasons why it is claimed the denial should be reversed;
(5) The signatures of all parties named as appellants and their official
mailing addresses;
(6) The verification (by declaration under penalty or perjury) of at
least one appellant as to the truth of the matters stated in the appeal;
and
(7) All documents that are relied upon for the appeal. The appeal must
be filed within twenty (20) days from the denial by the DCO.
(b) Processing of appeal.
Upon receipt of an appeal, the
DCO shall present it at the next available regular or special meeting
of the city council after proper notice.
(1) Notice of hearing.
(A) Notice of the hearing before the council shall be delivered to the
owner and operator as listed on the application, and any lienholder
or mortgagee that can be discovered with a reasonably diligent search
of the instruments on file in the office of the county clerk where
the property is located.
(B) Notice shall be by one of the following methods at least 15 days
prior to the hearing:
(ii)
Certified mail, return receipt requested, and regular mail.
Notice shall be sufficient if the return receipt is returned; or unsigned
for any reason, and the regular mail is not returned; or
(iii)
If the owner, operator or lienholders of interest in the property
cannot be located, by publication in a newspaper of general circulation
in the city.
(2) Contents of notice.
The notice of hearing shall contain
the following:
(A) The street address or a legal description of the property;
(B) The place, date, and time of the hearing;
(C) A brief summary of the action of the DCO related to the property;
and
(D) A statement that the appellants will be required to submit proof
at the hearing of the reason why the denial of the permit was in error.
(c) Hearing by the city council.
(1) The DCO shall present to the council evidence of the property condition,
the codes violated, the extent of danger or hazard to health, safety
and welfare, and all other evidence that supports denial of the permit.
(2) The appellant has the burden of proof to present evidence on relevant
issues including the scope of any work that may be required to comply
with city ordinances and the time it will reasonably take to perform
the work.
(3) Any party may examine or crossexamine any witness before the council.
Strict rules of evidence or procedure are not required, but the council
has the authority to enforce strict decorum and may cause the removal
of anyone who causes a disruption.
(d) Only
those matters or issues specifically raised by the appellant shall
be considered in the hearing of the appeal.
(e) Enforcement
of the denial for a hotel permit shall be stayed during the pendency
of an appeal therefrom that is properly and timely filed.
(f) After
hearing evidence from any interested party the council may uphold,
reverse, or modify the denial of the hotel permit.
(Ordinance 09-361 adopted 1/7/09)
(a) A hotel permit shall be revoked by the city council upon good cause shown that the operation of the hotel is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the neighboring community. A hotel permit may be revoked if the DCO determines the hotel owner, operator or manager has failed to submit the required hotel occupancy tax in accordance with article
11.02 of this code, as now or hereafter amended.
(b) If
the DCO determines a hotel permit shall be revoked, the DCO shall
file a written revocation request containing the following:
(1) A caption reading: “Revocation of a Hotel Permit,” giving
the names and addresses of owners and operators (as shown on the most
recent permit application) and the physical address of the hotel.
(2) A brief statement in ordinary and concise language of why the permit
should be revoked together with any material facts claimed to support
the contentions of the DCO.
(3) The signature of the DCO and his official mailing address.
(c) Processing of revocation.
The DCO shall present the
revocation request at the next regular or special meeting of the city
council, after proper notice.
(d) Scheduling and noticing for revocation hearing.
(1) Notice of hearing.
(A) Notice of the hearing before the council shall be delivered to the
owner, operator, and any lienholder or mortgagee that can be discovered
with a reasonably diligent search of the instruments on file in the
office of the county clerk where the property is located.
(B) Notice shall be by one of the following methods at least 15 days
prior to the hearing:
(ii)
Certified mail, return receipt requested, and regular mail.
Notice shall be sufficient if the return receipt is returned; or unsigned
for any reason, and the regular mail is not returned; or
(iii)
If the owner, operator or lienholder of interest in the property
cannot be located, by publication in a newspaper of general circulation
in the city.
(2) Contents of notice.
The notice of hearing shall contain
the following:
(A) The street address or a legal description of the property.
(B) The place, date, and time of the hearing.
(e) Hearing before city council.
(1) The DCO shall present evidence to the council of the condition of
the property, the codes violated, the extent of danger or hazard to
health, safety and welfare, and all other evidence that supports the
request for the permit revocation.
(2) The owner of any interest in the property may present evidence on
relevant issues at the hearing.
(3) Any party may examine or cross examine any witness before the council.
Strict rules of evidence or procedure are not required, but the council
has the authority to enforce strict decorum and may cause the removal
of anyone who causes a disruption.
(f) Enforcement
of the revocation of a hotel permit shall be stayed during the pendency
of a revocation hearing and decision.
(g) Findings and orders of the council.
After hearing evidence
from any interested party the council may:
(2) Deny the DCO’s request to revoke the hotel permit; or
(3) Require specific action by the hotel operator as a condition of keeping
the hotel permit in effect.
(h) Upon
final decision revoking the hotel permit by the city council, the
DCO shall post on the hotel premises a copy or copies of the revocation
of the hotel permit of the hotel. The notice shall be sent by certified
mail and regular to the owners and operator indicating the decision
of the city council.
(i) A
posted notice of the revocation of the hotel permit may only be removed
by an authorized DCO. Any removal, covering, defacing, altering or
tampering by unauthorized person(s) may be prosecuted as a misdemeanor
violation of this article.
(j) Whenever
a hotel permit has been revoked by the city, the operator and/or owner
of the hotel for which the hotel permit was issued shall surrender
such permit to the city. The operations of the hotel shall cease.
(Ordinance 09-361 adopted 1/7/09)
Upon receipt of written notice of the denial or revocation of
a hotel permit, the applicant whose application for a hotel permit
has been denied or whose hotel permit has been revoked shall have
the right to appeal by filing suit in district court within thirty
(30) calendar days after the receipt of notice of the final decision.
The filing of such suit shall have the effect of staying denial or
revocation for the hotel permit at such location, pending a judicial
determination of the appeal.
The city shall grant a provisional permit upon the filing of
a court action to appeal the denial of a hotel permit; no provisional
permit shall be granted for a hotel that has been deemed to be a substandard
building or a dangerous building. Written notice of the refusal of
a provisional permit and the basis for the denial will be provided
by the city secretary within ten (10) calendar days of service of
the court action upon the city.
(Ordinance 09-361 adopted 1/7/09)
(a) The
hotel premises and guest rooms shall fully comply with all state law
and city ordinances, including city building codes and any requirements
imposed by this article.
(b) Buildings
or structures may be of any type of construction permitted by the
building code. Roofs, floors, walls, foundations and all other structural
components of buildings shall be capable of resisting any and all
forces and loads to which they may be subjected.
(c) Protection of materials.
All wood shall be protected
against termite damage and decay as provided in the building codes.
(d) Ventilation in guest rooms.
All guest rooms shall be
provided with either natural ventilation or mechanical ventilation
that meet or exceed the following criteria:
(1) Natural ventilation.
All guest rooms shall be provided
with natural ventilation by means of screened exterior openings which
are capable of being opened. Such openings shall have an area of not
less than one-twentieth (1/20) of the floor area of the guestroom
rooms with a minimum of five (5) square feet; or
(2) Mechanical ventilation.
If a mechanical ventilation
system is provided in lieu of natural ventilation, the ventilation
system shall be capable of providing two (2) air changes per hour
in all guest rooms and in public corridors. One-fifth (1/5) of the
air supply shall be taken from outside of the hotel.
(e) Ventilation in other areas.
In bathrooms, water closet
compartments, laundry rooms and similar rooms a mechanical ventilation
system connected directly to the outside, capable of providing five
(5) air changes per hour, shall be provided.
(f) Bathroom requirement, conditions, and cleanliness.
All
bathroom fixtures (e.g. toilet, bathtub, sink, shower, mirror) shall
be maintained without cracks, chips, or stains. Floors shall be washed
with water and a sanitizer at change of occupancy or at least once
a week when occupancy does not change. Daily cleaning schedules shall
be maintained in the manager’s office.
(1) Every guest room shall be provided with a bathroom equipped with
facilities consisting of at least a toilet, a sink, and either a bathtub
or a shower; or
(2) Where private water closets, lavatories and baths are not provided,
there shall be provided a bathroom on each floor consisting of at
least one toilet, sink, and either a bathtub or shower accessible
from a public hallway, for each sex. Additional bathrooms consisting
of the above required minimum facilities, shall be provided on each
floor for each sex at the rate of one (1) for every additional ten
(10) guests or fractional number thereof in excess of ten (10). Such
facilities shall be clearly marked for “Men” or “Women.”
(g) Room separation.
Every water closet, bathtub or shower
required by this code shall be installed in a room which will afford
privacy to the occupant. A room in which a water closet is located
shall be separated from food preparation or storage rooms by a tightfitting,
self-closing door.
(h) Plumbing requirements.
All plumbing fixtures shall be
connected to a sanitary sewer or to an approved private sewage disposal
system. All plumbing fixtures shall be connected to an approved system
of water supply and provided with hot and cold running water necessary
for its normal operation. All plumbing fixtures shall be of an approved
glazed earthenware type, stainless steel, or of a similarly nonabsorbent
material. Wooden sinks or sinks of similarly absorbent material shall
not be permitted.
(i) Installation and maintenance.
All sanitary facilities
shall be installed and maintained in safe and sanitary condition and
in accordance with all applicable laws. The owner or operator shall
ensure that water service is provided at all times. It is an affirmative
defense to this section that it is impossible to provide water services
because of an act of God.
(j) Water heating equipment.
The owner or manager shall
provide and maintain water heating equipment and facilities for every
guest room which shall be connected with water lines if municipal
water service is located within one hundred (100) feet of the property
and which shall be capable of heating water to such a temperature
as to permit at all times an adequate supply of hot water to be drawn
at every sink, lavatory basin, and bathtub or shower at a temperature
of not less than one hundred ten (110) degrees Fahrenheit.
(k) Egress required.
In all lodging establishments, the
owner shall provide a safe and unobstructed means of egress leading
to safe and open space at ground level. When an unsafe condition exists
through lack of, or improper location of exits, the building official,
health inspector, or fire inspector, or their designee may require
the owner to install additional exits.
(l) Heating facilities required.
Every guest room shall
be equipped with heating facilities which are capable of safely and
adequately heating all habitable rooms to a temperature of at least
sixty-eight (68) degrees Fahrenheit at a distance of three (3) feet
above floor level which are operable whenever necessary to maintain
said temperature.
(m) Heating appliance requirements.
Where fuel burning appliances
are installed and properly vented, said appliances shall be rigidly
connected to their fuel supply outlets and securely installed to avoid
accidental displacement. Heating appliances which are connected to
their fuel supply lines and which are not connected to exhaust vents
that will safely exhaust carbon monoxide fumes to the outdoors are
prohibited. No person shall replace an existing appliance without
a permit issued by the building inspections department and without
allowing the work to be inspected by a building inspection department
staff member if a permit for that work is required.
(n) Carpet condition/cleanliness.
Carpeting shall be free
of stains, holes, rips or odors in excess of normal wear and tear,
and maintained in a sanitary, nondefective condition.
(o) Floor condition/cleanliness.
Noncarpeted floor surfaces
shall be made of nonabsorbent material. All surfaces and tile grouting
shall be maintained without cracks, rips or missing elements.
(p) Wall condition/cleanliness.
Wall and ceiling surfaces
shall be maintained without spots, stains, flakes, chips, holes, etc.
and be maintained in a clean and sanitary condition.
(q) Mold/mildew.
All surfaces, including carpeting and flooring,
and fixtures shall be free from mold and mildew.
(r) Electrical equipment.
For the purpose of this article,
electrical equipment shall include furniture items installed by the
property owner, operator or property manager, including televisions,
lamps, etc. All electrical items must be properly maintained and be
in operable condition.
(s) Furniture condition.
All furniture items shall be maintained
in proper working condition, without defects, chips, holes, etc.
(t) Shades,
draperies or blinds shall be appropriately hung to cover all windows
and appropriate light fixtures. All shades, draperies, blinds, shall
be free of stains, holes, rips or odors in excess of normal wear and
tear, and be maintained in a sanitary, nondefective condition.
(u) Sanitation.
All hotel rooms shall be thoroughly cleaned
and provided with clean and sanitary sheets, towels and pillowcases
upon a change of occupancy, or at least once a week when occupancy
does not change. Daily cleaning schedules shall be maintained in the
manager’s office.
(v) Windows.
All windows designed to be opened shall be
operable and have an operable window security or locking device. All
windows panes shall be properly maintained and not broken.
(w) Door locks.
All rooms are required to be outfitted with
exterior electronic/magnetic locks for guests to gain access to their
rooms or by locks that meet with the approval of the DCO. All locks
must comply with state and local laws.
(x) Security bars.
If any security bars are installed over
windows or doors the bars must be equipped with approved release mechanisms
which are operable from inside without the use of a key, card, or
combination. The release mechanisms for such bars must not require
any special knowledge or effort to operate.
(y) Wells.
All wells, cesspools, and cisterns shall be securely
covered or securely closed.
(z) Sidewalks, etc.
All sidewalks, ramps, bridges, parking
lots, stairs and steps shall be properly maintained.
(aa) Fences.
All fences and screening fences shall be properly
maintained and in compliance with all applicable ordinances.
(bb) Parking lots.
All parking lots shall be properly maintained.
All parking markings and fire lane markings shall be legible and maintained
in accordance with applicable laws. An owner or operator shall ensure
that guests do not use parking lots or hotel premises for the storage
of heavy load, tractor trailers, or heavy equipment.
(cc) All hotel premises shall be treated for insects at least once a year
by an exterminator licensed by the state.
(dd) All hotel premises shall be maintained so that they are free from
rodents, insects, and vermin and free from conditions that encourage
or harbor rodents, insects, and vermin.
(ee) Storage rooms.
No more than 10 percent of guest rooms
may be used for storage room purposes. A minimum of 90 percent of
all guest rooms must be available or in use for occupancy at all times.
(Ordinance 09-361 adopted 1/7/09)
(a) Each
owner, operator, or manager shall cause to be maintained a complete
register for each person to whom any room at a hotel is let. The register
shall be made available to the DCO upon request and shall contain
the following information for guests of the hotel:
(1) Correct name and permanent address, designating street and number,
city, state and country;
(2) Actual dates of occupancy indicating check-in time, checkout time
and room number; and
(3) Number of individuals staying in the room.
(b) Register
records shall be maintained for a period of two (2) years for each
person who lets any room at a hotel.
(Ordinance 09-361 adopted 1/7/09)
(a) The
sleeping accommodations of a hotel shall be let only for the use of
transient occupants and shall not be occupied under any permanent
basis, and no such occupant shall be deemed to be a resident of the
hotel.
(b) It
shall be unlawful for a hotel to let or otherwise provide any room
therein to any person for more than 365 days.
(c) For
the purposes of this article, hotel rooms may be rented to guests
for periods greater than 30 days (extended-stay).
(d) It
shall be unlawful for the owner, operator, or property manager to
allow registration under a different name in order to avoid the continuous
and cumulative occupancy provision defined in this article.
(Ordinance 19-79 adopted 11/19/19)
(a) Each
violation of this article shall constitute a separate offense.
(b) Allegation
and evidence of a culpable mental state is not required for proof
of an offense defined by this article except where expressly required
by this article.
(c) The
DCO is authorized to enforce the terms and conditions of this article,
including the issuance of a citation for violations hereof.
(d) Any
condition which is reasonably believed to be imminently dangerous
to the life, limb, health or safety of the occupants of the property
or to the public, upon reasonable notice provided to the owner, operator
or manager or other responsible person, may be immediately abated
by the DCO.
(e) Actions
taken to abate the imminently dangerous conditions may include, but
are not limited to, repair or removal of the condition creating the
danger and/or the restriction from use of occupancy of the property
on which the dangerous condition exists or any other abatement action
determined by the DCO to be necessary. In the event use or occupancy
is restricted, the owner, operator or the property manager shall discontinue
the use or occupancy within the time prescribed by the DCO after receipt
of such notice.
(f) If
entry onto the property and access to rooms or units constituting
an imminently dangerous condition in violation of this article is
denied to the DCO by the owner, operator or manager of the property,
the DCO may seek a court order and/or inspection and abatement warrant
from a court of competent jurisdiction to authorize the immediate
abatement of the imminently dangerous conditions.
(g) Costs
for any abatement performed by, or on behalf of the city, including
the cost of police services provided and including the relocation
of occupants of the property shall be recoverable by the city.
(h) Expenses
incurred pursuant to this article shall be charged against the real
estate and attached as a lien on which the work is done or improvements
made, and charged to the owner of the property for the same.
(i) A
hotel that does not comply with the provisions of this article shall
constitute a public nuisance.
(Ordinance 09-361 adopted 1/7/09)
(a) An operator, owner, manager or responsible person who violates any provision of this article is guilty of a misdemeanor, and upon conviction is punishable as set forth in section
1.01.009 of this code for each violation and for each day or part of a day during which the violation is committed, continued or permitted.
(b) The provisions herein are cumulative of all other remedies including, but not limited to, injunctions and other extraordinary writs. section
1.01.009 of this code shall govern all penalties for any violation of this article, notwithstanding any language to the contrary contained in any other section of this code.
(Ordinance 09-361 adopted 1/7/09)