(1) 
This article shall apply to all multifamily dwelling units and complexes located in the city.
(2) 
The apartment inspection program manager is authorized to administer and enforce provisions of this article.
(Ordinance 1975, § I, 11-13-12)
(1) 
No multifamily dwelling complex may be operated within the city without a license. The landlord of a complex shall apply for a license with code compliance. A license shall be valid for 12 months upon issuance and must be renewed on an annual basis.
(2) 
The landlord of a multifamily dwelling complex shall make application for a license within 30 days after the property maintenance inspection report is issued to the landlord.
(3) 
The landlord of a multifamily dwelling complex that is not subject to a primary inspection during the subsequent 12 months shall make application for renewal of the license within 30 days of the license renewal date.
(4) 
Upon a change in ownership, the new landlord of the complex shall have 30 days from the date of the change of ownership to file an application for a new license with code compliance. A change in ownership occurs when over 50 percent of the interest in the complex is transferred to a different person.
(5) 
License applications received more than 30 days after the renewal date has expired or the property maintenance inspection report has been issued or an ownership change has occurred shall be assessed a late fee.
(6) 
The landlord must be current with any and all fees, taxes, and assessments owed to the city prior to the issuance or renewal of a license.
(7) 
Continued maintenance and observance of the standards contained in this article are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license.
(8) 
All city building, electrical, plumbing, heating, air conditioning, health, zoning, fire safety and other applicable ordinances not specifically identified in the main body of this article shall be complied with at all times.
(9) 
In the event that a valid license is not maintained, the city retains the right to revoke the certificate of occupancy.
(10) 
The license shall be on a form prescribed by code compliance and shall at a minimum contain the following information about the complex:
a. 
The trade name, physical address, business mailing address, e-mail address(es), and related website(s), telephone numbers, total number of units;
b. 
The names of designated employees or authorized representatives who shall be assigned to respond to emergency conditions and a telephone number where said employees can be contacted during any 24-hour period. Emergency conditions shall include fire, natural disaster, flood, burst pipes, collapse hazard and violent or property crime;
c. 
The names, addresses, e-mail address(es), and related website(s), telephone numbers, of the property owner, property manager, resident manager, registered agent, all federal, state, and local funding agencies; and the type of business entity which owns the complex;
d. 
The names, addresses, e-mail address(es), and related website(s), telephone numbers, of the retail electric provider(s) in order to contact the appropriate person/entity for disconnect of public utility service;
e. 
The names, addresses, e-mail address(es), and related website(s), telephone numbers, of any mortgage lienholders;
f. 
The number of buildings, number of units per building broken down as to number of efficiencies, one-bedroom, two-bedroom, and three-bedroom; number of other buildings including the washateria, clubhouse, office, etc.;
g. 
The trade name of the complex. It shall be unlawful for any person to use or permit to be used more than one trade name at a single location.
h. 
Acknowledgment of receipt of copy of the “Minimum Housing Code Ordinance” and agreement to abide by the code as a condition to receiving and maintaining a license.
(11) 
A landlord commits an offense and the license to operate may be revoked if the landlord:
a. 
Operates a multifamily dwelling complex which is not currently licensed with code compliance;
b. 
Fails to pay fees as required by this article;
c. 
Maintains a property in violation of this article;
d. 
Commits any other violation of this article.
(12) 
It shall be unlawful for any person to own, operate, manage or maintain a multifamily complex in the city without a current license having been issued for each complex. Any person owning, operating, managing or maintaining a complex at more than one location shall obtain a license for each separate location.
(Ordinance 1975, § I, 11-13-12; Ordinance 1998, § 1, 6-25-13)
(1) 
No license shall be issued until all prerequisites have been met.
(2) 
At the time the landlord makes application for a license for the multifamily dwelling complex, the landlord shall pay the prescribed fee(s) to offset the city’s cost of administration and registration. The license fee paid by the landlord will be based on the number of units contained in the complex. A washateria, clubhouse, workout facilities, etc., will be counted as a unit.
(3) 
The landlord shall pay the primary inspection fee(s) and secondary inspection fee(s) which will be based on the tier designation assigned to the complex in the property maintenance inspection report to offset the city’s cost of administration and performance of inspections.
(4) 
Should the license and inspection fee(s) payment be made by check or other instrument which is not honored, the license for which the payment (s) was made shall become null and void without additional action by city.
(5) 
The applicable license and inspection fees shall be set forth in section 30-42, “minimum housing licensing and related fees.”
(Ordinance 1975, § I, 11-13-12)
(1) 
Upon failure to comply with the terms of this article after receipt of written notice from the apartment inspection program manager setting out the violation(s) and the time allowed to rectify the violation(s), the city may, at its discretion, take any or all of the following actions:
a. 
Prohibit the landlord from reletting any unit in violation of this article that becomes vacant until the violation(s) have been rectified;
b. 
Impose a penalty upon the owner as provided in section 14-186 of this article.
c. 
Revoke the owner’s certificate of occupancy and the license authorized by this article to operate the entire multifamily dwelling complex.
1. 
The city will notify the landlord in writing that such authority will be exercised and identify the specific date that the current license to operate will be invalid.
2. 
The landlord will be required, after receipt of notification from the city, to issue a formal written notice to all tenants at least 60 days before the specific date on which the license to operate becomes invalid stating that all units must be vacated. This written notice shall also be posted prominently in the leasing office.
(2) 
In addition to the remedies provided in subsection (1) above, the city reserves the right to take any or all of the following actions on any property which is assigned a tier 3 designation in three consecutive primary inspections as contained in the property maintenance inspection reports:
a. 
Prohibit the landlord from reletting any unit in the multifamily dwelling complex that becomes vacant or renewing any leases for a term that would go beyond the date the license to operate becomes invalid. It shall be a violation of this article for the landlord to rent any unit after notice from the city that such action is prohibited.
b. 
Direct the fire department, police department, or other appropriate department to conduct safety surveillance and inspections to prevent imminent threats to the health and safety of residents, at the owner’s expense, until the violations have been rectified.
(3) 
If the city takes any enforcement action that mandates the involuntary relocation of tenants prior to the end of their contractual rental term, the city shall provide reasonable relocation expenses to eligible tenants. The cost of such relocation expenses shall be borne by the landlord. The failure to pay such expenses within 30 days from notice of same shall result in the city placing a lien on the property to secure such repayment.
Editor’s note–Ord. No. 1998, § 1, adopted June 25, 2013, changed the title of § 14-194 from revocation of license/certificate of occupancy to noncompliance; enforcement.
(Ordinance 1975, § I, 11-13-12; Ordinance 1998, § 1, 6-25-13)
(1) 
Each license issued pursuant to this article shall be posted and displayed in the office of the complex in a conspicuous place to which tenants have access, if an on-site office is provided. If no office exists at the location, a copy of the license shall be given to each tenant upon request.
(2) 
A replacement license may be issued for one lost, destroyed or mutilated license upon application on the form provided by the apartment inspection program manager.
(3) 
A license is not assignable or transferable.
(4) 
The form of the license shall be prepared by the apartment inspection program manager.
(Ordinance 1975, § I, 11-13-12)
(1) 
Notwithstanding the provisions of all other city ordinances, the maximum number of persons per dwelling unit in a multiple-family dwelling complex is as follows:
a. 
No more than two occupants per each bedroom are permitted to reside in a unit plus one additional occupant. For example: in a one-bedroom or efficiency unit, the density shall not exceed three occupants; in a two-bedroom unit, the density shall not exceed five occupants; in a three-bedroom unit, the density shall not exceed seven occupants.
b. 
To assist compliance with this requirement, all licensees shall display in a conspicuous place, contiguous to the displayed license, the following notice, the form of which shall be furnished by the city:
CITY OF EULESS IMPOSES THE FOLLOWING MAXIMUM DENSITY REQUIREMENTS:
One-Bedroom or Efficiency Unit - No more than three occupants per unit.
Two-Bedroom - No more than five occupants per unit.
Three-Bedroom - No more than seven occupants per unit.
In the alternative, the licensee may display a similar notice, contiguous to the displayed license that states licensee’s density requirements provided the requirements are as strict or stricter than the standards set by subsection (1)a. of this section.
(2) 
The licensee shall keep a current and up to date record that documents the number of tenants occupying each unit. The records shall be available for review by the administrator during regular working hours and upon receipt of reasonable notice.
(3) 
It shall be unlawful and a violation of this article for an owner, property manager, resident manager, or other responsible party to knowingly permit or allow a violation of any of the terms of this section. It shall be unlawful for a tenant to violate any of the terms of this section or to permit or allow any persons to reside in the dwelling unit in violation of this section.
(4) 
Density requirements of subsection (1)a. of this section shall not be applicable to tenants residing in a dwelling unit on the effective date of this article nor during the time these same tenants continue to reside in the same dwelling unit.
(5) 
An owner shall not be prohibited from establishing a more restrictive density for each dwelling unit within a complex, provided the density is based upon persons per each established bedroom. The established density shall be posted contiguous to the displayed license and shall be on a form provided by the administrator.
(Ordinance 1975, § I, 11-13-12)