(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:
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One-Bedroom or Efficiency Unit - No more than three occupants
per unit.
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Two-Bedroom - No more than five occupants per unit.
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Three-Bedroom - No more than seven occupants per unit.
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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)