The city recognizes a need for a residential rental property
registration and inspection program within the city to ensure compliance
with city and state life safety, health, fire, and zoning codes and
to further provide a means to encourage both absentee and local landlords
to correct violations and to maintain their residential rental property
in a safe and habitable condition for tenants.
(Ordinance O-03-16 adopted 3/1/16)
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any structure having a roof that is built, maintained, or
intended for use for the shelter or enclosure of persons, animals,
or property of any kind.
The building official, or his/her designee, for the City
of Glenn Heights, Texas.
The City of Glenn Heights, Texas, including all areas within
its corporate limits.
The city council of the City of Glenn Heights, Texas.
The city manager for the City of Glenn Heights, Texas, or
his/her designee.
Any enclosed space wholly or partly used or intended to be
used for human habitation, living, sleeping, cooking, eating, and
sanitation and shall include any outhouse or appurtenance belonging
thereto.
A room or group of rooms located within a dwelling forming
a single habitable unit with facilities used or intended to be used
by a single family for human occupancy such as living, sleeping, cooking,
and eating purposes.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit. A number
of persons, but not exceeding two, living and cooking together as
a single housekeeping unit, though not related by blood, adoption
or marriage, shall be deemed to constitute a family.
Any person who leases, barters, or rents a rental unit to
another.
A structure, transportable in one or more sections, which
in the traveling mode is 8 body feet (2438 body mm) or more in width
or 40 body feet (12 192 body mm) or more in length, or, when erected
on site, is 320 square feet (30 m2) or more, and which is built on
a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. This term shall include any structure that
meets all the requirements of this paragraph except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the secretary (HUD) for such homes. For the purpose of
this article, a mobile home shall be considered a manufactured home.
A multifamily structure containing three or more dwelling
units located on a single lot designed to be occupied by three or
more families living independently of one another, excluding hotels
or motels.
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.
An individual, corporation, business trust, estate, trust,
partnership or association, two or more persons having a joint interest,
or any other legal or community entity.
The owner or the person appointed or hired by the owner to
be responsible for the daily operation of a rental unit.
The offering, holding out or actual leasing of a rental unit
to a person other than the owner and generally involves the payment
of an amount of money as consideration for the right to occupy the
rental unit, although other forms of consideration or no consideration
at all may be involved.
A single-family dwelling, two-family dwelling (duplex), and/or
a multifamily dwelling, or portion thereof that is rented or offered
for rent as a residence.
A freestanding building or manufactured home on one lot occupied
by not more than one family.
Any person who rents or leases a rental unit for living or
dwelling purposes.
A freestanding building or manufactured home on one lot,
having separate accommodations for and occupied by not more than two
families, one family in each dwelling unit.
(Ordinance O-03-16 adopted 3/1/16)
The building official is hereby designated as the administrator
of the provisions of this article. In addition to the powers and duties
otherwise prescribed for the building official, as administrator of
this article, the building official shall have the authority to:
(1)
Administer
and enforce all provisions of this article.
(2)
Keep
records of all licenses issued.
(3)
Adopt
rules and regulations, not inconsistent with the provisions of this
article, with respect to the form and content of application for registration,
the investigation of applicants, and other matters incidental or appropriate
to his powers and duties as may be necessary for the proper administration
and enforcement of the provisions of this article.
(4)
Conduct
periodic inspections of residential rental properties throughout the
city to ensure compliance with this article and all other city ordinances
and state laws related to the purpose and/or enforcement of this article.
(Ordinance O-03-16 adopted 3/1/16)
(a)
Each
owner of a rental unit within the city shall register each such rental
unit with the city in accordance with procedures contained in this
article. A separate registration shall be required for each rental
unit for each registration. Every owner of a rental unit as of the
date of adoption of this article shall complete an initial registration
application and pay an initial registration fee on or before May 1,
2016.
(b)
Unless
otherwise provided in this section, each owner of a rental unit within
the city shall make application for registration with the city and
schedule an inspection of said rental unit with the building official
within thirty (30) days after the date of acquiring ownership of a
rental unit or within thirty (30) days after the date an owner of
a dwelling unit converts the dwelling unit into a rental unit.
(c)
Application
for rental registration shall be made upon a form provided by the
city for such purpose, and shall include, at a minimum, the following
information:
(1)
Owner’s name, address, and work and home telephone number,
driver’s license number, or identification card number and state
of issuance of the owner;
(2)
If owner is a partnership, the names of all partners, the principal
business address, and telephone number of each partner;
(3)
If owner is a corporation, the person registering must state whether
the corporation is organized under the laws of this state or is a
foreign corporation, and must show the mailing address, business location,
telephone number, name of the main individual in charge of the local
office of such corporation, if any, and the names of all officers
and directors or trustees of such corporation, and, if a foreign corporation,
the place of incorporation;
(4)
Name, address and telephone number of the property manager or person
having the authority to act on behalf of the owner;
(5)
Street address of the rental unit; and
(6)
Signature of the owner or owner’s agent.
(d)
The
city shall, within thirty (30) days after receipt of the registration
application, either issue a certificate of registration or notify
the owner that the application does not comply with the requirements
of this article.
(e)
Unless
otherwise provided in this article, a certificate of registration
shall be valid for each rental unit until such time as there is a
change in ownership for that unit. A change in ownership shall be
deemed to have occurred upon any of the following:
(1)
Any change in the individual ownership of the unit;
(2)
Any change in the ownership of any entity(s) in whose name(s) the
current registration for the unit is issued;
(3)
Where the unit is managed by a property manager, upon any change
in the individual property manager and/or the property manager’s
ownership; or
(f)
A nonrefundable registration fee in an amount set forth in appendix A of this code shall be paid to the city by the owner with at the same time as the registration application for each rental unit is submitted to the city.
(g)
Any registration fee required to be paid under this article shall be deemed late if received by the city after the due date established by the article and/or the building official, as the case may be, and the owner shall be required to submit a nonrefundable late registration fee in an amount set forth in appendix A of this code.
(h)
A nonrefundable inspection fee in an amount set forth in appendix A of this code shall be paid to the city by the owner for the inspection of each rental unit at the same time the registration fee is paid. A certificate of registration shall not be issued for a rental unit until the registration and inspection fees for the unit are paid in full to the city. The inspection fee shall be required under this article regardless of whether an inspection occurs and regardless of whether the owner or tenant has denied the building official access to the rental unit to complete the inspection.
(i)
No
rental unit may be occupied by a tenant without first having a valid
certificate of registration. It is an offense for an owner of a rental
unit within the city to permit or allow a tenant to occupy any rental
unit without first being issued a valid certificate of registration
for the rental unit in accordance with this article. If an owner is
required to register more than one rental unit, the owner’s
failure to register any individual rental unit shall constitute a
separate offense. Each and every day that the owner continues to fail
to register a rental unit within the city shall also constitute a
separate offense.
(j)
It
shall further be unlawful for any person to file a false rental registration
application with the city.
(Ordinance O-03-16 adopted 3/1/16)
(a)
A certificate of registration issued under section 3.20.004 shall remain in effect until such time as a change of ownership occurs in the manner defined in section 3.20.004(e).
(b)
Upon a change of ownership, the new owner of each rental unit shall complete a change of ownership registration application for each unit in the manner provided by this article and deliver the same together with all applicable registration and inspection fees to the building official’s office within thirty (30) days of the change in ownership. A change in ownership registration application submitted after thirty (30) days following the change of ownership shall be considered a late registration and the owner shall pay to the city a nonrefundable late registration fee in an amount set forth in appendix A of this code.
(c)
The
building official shall not be required to send notice to an owner
for a change of ownership registration required under this section.
(Ordinance O-03-16 adopted 3/1/16)
(a)
The
owner shall provide written notice to the building official upon each
and every change in occupancy. A change in occupancy shall mean a
change in all tenants occupying a rental unit. The notice required
by this section shall clearly indicate whether there was a change
in tenant(s) or whether the rental unit was vacated by the previous
tenant(s) and is presently unoccupied.
(b)
An inspection of the rental unit shall be required upon the city’s receipt of written notice of a change in occupancy required to be submitted pursuant to subsection (a) above. Inspections required under this section shall be performed in the same manner as and in accordance with the applicable inspection procedures established by this article for the rental unit.
(Ordinance O-03-16 adopted 3/1/16)
(a)
The
building official shall annually inspect the exterior of a single-family,
two-family or manufactured home rental unit to determine compliance
with applicable state and local laws. The building official shall
provide written notice of the date and time that the exterior inspection
will be conducted. Upon request and/or consent of the owner if the
rental unit is vacant, or tenant(s) if the rental unit is occupied,
the building official may conduct an inspection of the interior of
a rental unit.
(b)
If the owner or tenant fails to make the exterior of the rental unit available for inspection, the building official may conduct the inspection from the public right-of-way. If the owner or tenant does not provide consent for the inspection and the building official must enter onto the property to conduct the inspection, the building official shall be required to obtain a warrant in the manner provided by subsection (c) below prior to entry on the property.
(c)
The
building official or his agent shall enforce the provisions of this
article upon presentation of proper identification to the owner or
tenant in charge of any rental unit and with the owner or tenant’s
permission, may inspect the rental unit in accordance with this section
between the hours of 8:00 a.m. and 6:00 p.m. The building official’s
authority to conduct both exterior and interior inspections is subject
to all limitations provided in state and federal law. If entry is
refused by the owner or any occupant or if consent to enter the rental
unit could not be obtained, the building official is authorized to
seek a warrant permitting the building official’s entry pursuant
to Vernon’s Ann. Texas C.C.P. art. 18.05, as the same may be
amended from time to time. Any warrant issued will constitute authority
for the building official to enter upon and inspect the premises described
therein.
(Ordinance O-03-16 adopted 3/1/16)
(a)
The
building official shall inspect all building exteriors, all exterior
and interior common areas of multifamily rental units to determine
compliance with applicable state and local laws on an annual basis
and at any other time(s) necessary to ensure compliance with this
article. Upon request and/or consent of the owner if the rental unit
is vacant, or tenant(s) if the rental unit is occupied, the building
official may conduct an inspection of the interior of a rental unit.
(b)
Within thirty (30) days after the annual registration of a multifamily rental unit, the owner of the unit shall request the building official to conduct an inspection and shall make the unit available for inspection by the building official as provided in subsection (a) above. The owner and the building official shall agree on a reasonable date and time for the required inspection. Upon each inspection by the building official, all building exteriors, all exterior common areas, interior common areas and all other inspected premises of the multifamily rental unit shall be in compliance with all applicable state laws and local ordinances.
(c)
The
building official or his agent shall enforce the provisions of this
article upon presentation of proper identification to the owner or
tenant in charge of any rental unit and with the owner or tenant’s
permission, may inspect the rental unit in accordance with this section
between the hours of 8:00 a.m. and 6:00 p.m. The building official’s
authority to conduct interior inspections is subject to all limitations
provided in state and federal law. If entry is refused by the owner
or any occupant or if consent to enter the rental unit could not be
obtained, the building official is authorized to seek a warrant permitting
the building official’s entry pursuant to Vernon’s Ann.
Texas C.C.P. art. 18.05, as the same may be amended from time to time.
Any warrant issued will constitute authority for the building official
to enter upon and inspect the premises described therein.
(Ordinance O-03-16 adopted 3/1/16)
(a)
It
shall be unlawful for any person to be in violation of any provisions
of this article.
(b)
Any
person, who shall violate a provision of this article, or fail to
comply therewith, or with any of the requirements thereof, shall be
prosecuted within the limits provided by law and, upon conviction,
shall be punished by a fine not to exceed five hundred dollars ($500.00)
for each offense. Each day that a violation continues shall constitute
a separate offense.
(c)
Unless
otherwise specified in this article, no culpable mental state is required
for the commission of an offense under this article.
(Ordinance O-03-16 adopted 3/1/16)
(a)
Nothing
in this article shall prohibit the city from enforcing any administrative,
civil and/or criminal enforcement remedies concurrently herewith or
availing itself of any other remedy allowed by law in connection with
the administration or enforcement of this article.
(b)
The
city may refuse to provide city utility service and/or approve an
application for city utility service for a multifamily rental unit
that is vacant at the time a registration application is required
to be submitted for the unit until such time as the application is
approved by the city and all applicable fees are paid.
(c)
The
city may initiate termination of city utility services, or place a
hold on reconnecting or reinstituting utility services that have been
terminated, as the case may be, to or for a dwelling unit that is
substandard, or unfit for human habitation by certifying, in writing,
that the dwelling unit or property is substandard or unfit for human
habitation. Upon initiating a utility termination or hold, the city
shall promptly notify the owner by written notice. The owner may appeal
the request by serving the building official with a written notice
of appeal within 5 days from the date the notice was mailed. Upon
receipt of a timely appeal, the building official shall promptly review
the owner’s written notice of appeal for sufficiency and shall
provide the owner with written information describing the appeal process.
The city’s determination upon appeal shall be in all things
final and the owner shall not be entitled to further appeal under
this subsection.
(Ordinance O-03-16 adopted 3/1/16)
