The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Utility company
means the entity providing gas, electric service, water or
sanitary sewer to a master metered multifamily dwelling complex.
Utility interruption
means the termination of utility service to a master metered
multifamily dwelling complex by a utility company for nonpayment of
billed service or non compliance with an applicable code.
(Ordinance 1975, § I, 11-13-12)
(1) Before
providing utility service to a new account at a master metered multifamily
dwelling complex, a utility company shall obtain:
a. The
name and address of the owner or owners of the complex;
b. The
name and address of the party responsible for paying the utility bills;
and
c. The
name and address of any lien holders or mortgagees, if any.
(2) The utility company shall maintain a record of the information obtained under subsection
(1) of this section and shall make the information available to the administrator.
(3) The applicant for utility service shall provide the information required in subsection
(1) of this section to the utility company.
(Ordinance 1975, § I, 11-13-12)
(1) The landlord of a master metered multifamily dwelling complex shall maintain a notice in accordance with subsection
(2) of this section containing the name, address and telephone number of the person with authority and responsibility for making payment to the utility companies for utility bills. The landlord shall correct the notice within ten days of any change in the information given in the notice.
(2) The
notice must be made available upon written request from any tenant.
(3) For the purpose of this section, the notice may be placed on the inside of a glass door or window in the property manager’s office or a tenant’s apartment as long as all requirements of subsection
(1) of this section are met.
(4) A person commits an offense if he knowingly removes or mutilates a posted notice required under subsection
(1) of this section.
(5) It is a defense to prosecution under subsection
(4) of this section if the person was authorized by the landlord to replace the notice in order to correct the information.
(Ordinance 1975, § I, 11-13-12)
(1) A utility
company shall make a reasonable effort, including but not limited
to messenger delivery, to provide notice of a pending utility interruption
to tenants of a master metered multifamily dwelling complex.
(2) A person
commits an offense if he knowingly:
a. Interferes
with an employee of a utility company posting notices of a utility
interruption at dwelling units of a master metered multifamily dwelling
complex; or
b. Removes
a notice of utility interruption posted at a dwelling unit of a master
metered multifamily dwelling complex.
(3) It
is a defense to prosecution under subsection [14-278(2)b.] that the
person is the resident of the dwelling unit from which notice was
removed.
(4) A utility
company providing gas, electricity, water or sanitary sewer shall
send to the administrator a copy of each termination of service letter
or notice sent to the landlord of a master metered multifamily dwelling
complex prior to disconnecting service.
(Ordinance 1975, § I, 11-13-12)
(1) The
party responsible for paying utility bills of a master metered multifamily
dwelling complex commits an offense if there is failure to pay a utility
bill and the nonpayment results in the interruption to any dwelling
unit of a utility service essential to the habitability of the unit
and to the health of the occupants. Essential utility services are
gas, electric, water and sanitary sewer.
(2) The party responsible for paying utility bills of a master metered multifamily dwelling complex who violates subsection
(1) of this section is guilty of a separate offense for each dwelling unit to which utility service is interrupted.
(3) It
is a defense to prosecution under this section that the tenant occupying
a dwelling unit to which utility service is interrupted is in arrears
in rent to the multifamily dwelling complex.
(Ordinance 1975, § I, 11-13-12)
(1) When
the administrator determines that there is a violation of this article,
he shall give notice of the violation to the owner or the person responsible
for paying utility bills. The notice must be in writing, specifying
the alleged violations and providing a length of time for compliance.
Notices shall be effective as follows:
a. Notice
to the owner of a multiple-family dwelling complex shall be effective
upon placing the notice in the U.S. mail, postage paid and addressed
to the name and address shown on the multiple-family dwelling complex
application for the current multiple-family dwelling complex license,
or by hand delivery.
b. Notice
to the owner of a dwelling unit or units which do not constitute a
multiple-family dwelling complex shall be effective upon placing the
notice in the U.S. mail, postage paid, to the owner’s address
shown on the latest Tarrant Appraisal District tax roll, or by hand
delivery to the owner.
(2) If
the owner of the property resides outside the county, the administrator
may give notice to the property manager. Upon receipt of a notice
of violation, the property manager shall notify the owner of the specifics
of the notice of violation and shall make every reasonable effort
to have the owner correct the violation.
(3) The
administrator has the authority to enforce provisions of this article.
(Ordinance 1975, § I, 11-13-12)