This article shall be known as the “Minimum Housing Code.”
(Ordinance 1975, § I, 11-13-12)
It is found and declared that there exists in the city structures
used for human habitation which are, or may become in the future,
substandard with respect to structure, equipment or maintenance, and
further that such conditions, together with inadequate provision for
light and air, insufficient protection against fire hazards, lack
of proper heating, unsanitary conditions, and/or overcrowding, constitute
a menace to the health, safety, welfare, and reasonable comfort and/or
quality of life of its citizens. It is further found and declared
that the existence of such conditions, factors or characteristics
will, if not remedied, create slum and blighted areas requiring large-scale
clearance; and further that, in the absence of corrective measures,
such areas will experience a deterioration of values, a curtailment
of investment and tax revenue, and an impairment of economic values.
It is further found and declared that the establishment and maintenance
of minimum structural and environmental standards are essential to
the prevention of blight and decay and the safeguarding of public
health, safety, and general welfare.
(Ordinance 1975, § I, 11-13-12)
The purpose of this article is to protect the public health,
safety, and welfare of the citizens of the city by establishing minimum
standards governing the construction, use, occupancy, management,
operation and maintenance of multifamily dwelling complexes, establishing
minimum standards governing utilities, facilities, and other physical
components and conditions essential to make multifamily dwelling complexes
and apartments safe, sanitary, and fit for human use and habitation;
fixing certain responsibilities and duties of owners, property managers
and occupants of multifamily dwelling complexes; authorizing and establishing
procedures for the inspection of multifamily dwelling complexes and
the condemnation and vacation of those multifamily dwelling complexes
unfit for human use, occupancy and habitation and fixing penalties
for the violation of the provisions of this article. This article
is declared to be remedial and essential to the public interest, safety,
health and welfare, and it is intended that this article be liberally
construed to effectuate the purposes as stated above. Further, it
is declared that it is not the purpose of this article that it shall
be used as an instrument for the harassment of any persons, nor is
it the intent of this article to mandate the closure of any multifamily
dwelling complex, but rather to ensure compliance with the minimum
standards essential to protect the public, health, safety and welfare
of the citizens of the city.
(Ordinance 1975, § I, 11-13-12; Ordinance 1998, § 1, 6-25-13)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means the chief of police or his designee.
means a room or suite of rooms in a multifamily dwelling
complex that is arranged, designed or occupied as a residence by a
single-family, individual or group of individuals.
means the administrator’s designee responsible for
the day to day administration of the apartment inspection program
and enforcement of the provisions of this article.
means an enclosed space containing one or more bathtubs,
showers, or both, and which may also include toilets, lavatories or
fixtures serving similar purposes.
means a room used or intended to be used for sleeping purposes
and not as a kitchen, bathroom, living room, closet, hallway, utility
space, entry way, garage, patio or breezeway.
means the City of Euless.
means a department within the City of Euless responsible
for the apartment inspection program.
means the most recent building code as amended in effect
in the city on any date, now or in the future, on which the dwelling
unit is or could be occupied.
means a single-family attached dwelling unit.
means a structure occupied for residential purpose.
means any room or group of rooms occupied, or which is intended
or designed to be occupied, as the home or residence of one individual,
group of individuals, family or household, for housekeeping purposes.
A dwelling unit shall include an apartment.
means the equivalent of a one-bedroom unit.
means the total area of all habitable space.
means putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
means a room or enclosed floor area used or designed to be
used for living, sleeping, cooking or eating purposes, not including
bathrooms, laundries, pantries, foyers or communicating corridors,
closets and storage spaces.
means the space occupied by one or more persons while living,
sleeping, eating, and cooking; excluding kitchenettes, bathrooms,
toilet rooms, laundries, pantries, dressing rooms, closets, storage
spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms,
and basement or cellar recreation rooms.
means the presence, within or contiguous to a dwelling unit
or apartment, of insects, rodents, vermin, or other pests.
means space used for cooking or preparation of food and deemed
habitable space.
means the owner, property manager or resident manager of
an apartment building, or any other person held out by any owner or
property manager as the appropriate person with whom the tenant normally
deals concerning the rental agreement or apartment building.
means a multifamily dwelling complex annual license issued
upon registration of the complex and valid for 12 months.
Refer to section 30-42 for fee schedule.
means any building or group of buildings which provide three
or more dwelling units on a single platted lot, or, if the land on
which the building or buildings is located is unplatted on a contiguous
tract of land under a common ownership.
means any person living or sleeping in, or having actual
possession of a dwelling unit or apartment.
means a person claiming, or in whom is vested, the ownership,
dominion, or title of real property, including but not limited to:
The owner of a fee simple title;
The holder of a life estate;
The holder of a leasehold estate for an initial term of five
years or more;
The buyer in a contract for deed; and
A mortgagee, receiver, executor, or trustee in control of real
property, but not including the holder of a leasehold estate or tenancy
for an initial term of less than five years.
includes an individual, corporation, business trust, estate,
partnership or association; two or more persons having a joint or
common interest; or any other legal or commercial entity.
includes all of the following supplied facilities, equipment
and devices: gas pipes, water pipes, toilets, lavatories, sinks, laundry
tubs, catchbasins, wash basins, bathtubs, shower baths, sewer pipes
and sewerage system, septic tanks, drains, vents, traps, and any other
fuel-burning or water-using fixtures and appliances, including private
fire hydrants, together with all connections to water, waste and sewer
or gas pipes.
means a lot, plot or parcel of land, including any structures
thereon.
means the inspection performed that establishes a score from
which a tier designation is assigned.
means the report issued to the landlord that provides a description
of the code violations identified during the primary inspection(s)
and the score.
means a person who has managing control of real property.
means all putrescible and nonputrescible solid wastes, except
body wastes, including but not limited to: garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles, and solid,
market and industrial wastes.
means a property manager or agent of a property manager who
resides in the apartment complex.
means the company that sells and provides electricity, customer
and billing services.
means nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
means the record of points deducted from a scale of 100,
based on the number of violations identified during a primary inspection
and from which a tier designation is assigned to the multifamily complex
by the apartment inspection program manager.
means an inspection performed following the primary inspection(s)
to determine compliance with minimum housing code(s).
means property held in common ownership that is compact and
contiguous property separated only by public streets.
means the objective guidelines followed by the apartment
inspection program manager to calculate the score.
means that which is built or constructed; an edifice or building
of any kind; or any piece of work artificially built up or composed
of parts joined together in some definite manner.
means any person who occupies a dwelling unit for living
or dwelling purposes with the landlord’s consent.
means the tier designation assigned by the apartment inspection
program manager that establishes the conditions applicable to the
continued operation of the complex and the number of secondary inspections
that will be performed during the subsequent 12-month period of time.
(Ordinance 1975, § I, 11-13-12)
(1)
Periodic
primary inspections will be performed at all multifamily dwelling
complexes in the city as provided in this article. The primary inspection
will be conducted by or under the supervision of the apartment inspection
program manager.
(2)
The
purpose of the primary inspection is to identify the existence of
any violations of this Code or any other city codes in order to determine
what improvements need to be made to the property.
(3)
Pursuant
to the primary inspection, the apartment inspection program manager
will calculate the score for the complex from a starting total of
100 points. Points shall be deducted for violations of city standards
discovered during the inspection. The score will determine in which
of three tiers the complex belongs. The tier designation will establish
the number of secondary inspections that are required during the subsequent
12-month period. To ensure objectivity and fairness, the above-referenced
point deductions will be based on standard operating procedures of
the apartment inspection program manager.
(4)
A tier
1 designation indicates that the complex is in superior condition
and that no secondary inspections are required to be performed at
that complex during the subsequent two-year period. A tier 2 designation
indicates that the complex has a moderate number of violations and
that one secondary inspection is required during the subsequent 12-month
period. A tier 3 designation indicates that the complex has a high
number of violations and that three secondary Inspections are required
during the subsequent 12-month period.
(5)
A primary
inspection shall be performed annually on each multifamily dwelling
complex that does not receive a tier 1 designation. Those multifamily
dwelling complexes that receive a tier 1 designation shall be subject
to a Primary Inspection once every three years.
(Ordinance 1975, § I, 11-13-12)
Any person violating the terms and provisions of this article shall be deemed guilty of a misdemeanor and shall be punished as provided in section 1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. Any such violation shall be deemed a violation of a provision governing public health and sanitation under said section 1-12 of this Code.
(Ordinance 1975, § I, 11-13-12)
