(a)
It
is unlawful for a person knowingly to allow a property of which the
person has ownership or control to be kept or used in violation of
this article.
(b)
Each
person who owns or otherwise has control of a property is responsible
for maintaining in a sanitary condition the shared or public areas
of the property and the premises thereof.
(Ordinance 17-797, sec. 1, adopted 3/9/17; 2007 Code, sec. 16-400)
(a)
General maintenance.
An owner of property is responsible
for maintaining their property in a safe and sanitary condition and
in compliance with this article. Compliance with this article does
not equate to compliance with the various technical codes as approved,
or vice versa.
(b)
Property standards.
An owner of property shall:
(1)
Eliminate any unprotected hole, open excavation, sharp protrusion
from the ground or walls, and any other object or condition on the
premises reasonably likely to cause injury to an individual;
(2)
Securely seal or plug any unused water well; secure any pump house
and electrical service for operating water wells; remove an unused
septic tank or grease trap, or pump the effluent and fill the tank
or trap with soil or sand; remove or fill an unused cesspool or cistern
with soil or sand; and securely cover all septic tanks or grease traps
in service;
(3)
Remove dead trees, tree limbs, and other debris reasonably likely
to cause injury to an individual or to provide living or breeding
places for insects, ectoparasites, or rodents, provided that a reasonably
sized accumulation of compost shall not constitute a violation of
this subsection; and
(4)
Keep doors and windows of any vacant portion of a building secured.
(c)
Structural standards.
An owner of property shall:
(1)
Protect the exterior surfaces subject to decay by application of
a protective covering or coating or other surface preservative;
(2)
Fill any unprotected or unenclosed hollow masonry piers, foundation
holes, and other openings reasonably likely to cause injury to an
individual;
(3)
Provide and maintain handrails for stairways, ramps, balconies, and
porches more than 30 inches above grade;
(4)
Maintain buildings intended for human occupancy in a weatherproof
condition;
(5)
Maintain floors, supporting walls, ceilings, and all supporting structural
members in a sound and safe condition, capable of bearing imposed
loads safely;
(6)
Maintain each inside and outside stairway, porch, and appurtenance
thereto in a sound and safe condition, capable of bearing imposed
loads safely;
(7)
Provide cross-ventilation of not less than one and one-half square
feet for each 25 linear feet of wall in each basement or crawl space
not mechanically ventilated;
(8)
Repair or replace any chimney flue or vent attachment reasonably
likely to constitute a health or safety hazard;
(9)
In a floor, wall, ceiling, porch, step, or balcony, repair any hole,
crack, break, or loose material reasonably likely to constitute a
health or safety hazard;
(10)
For the flooring or subflooring of each bathroom and other room containing
a toilet, provide and maintain a moisture-resistant finish or material,
such as ceramic tile or vinyl; and
(11)
Maintain all fences and accessory structures, including detached
garages, carports, sally ports, and sheds, and covered breezeways,
in a structurally sound condition and in good repair.
(d)
It
is an affirmative defense to prosecution of an owner for violation
of this section that:
(Ordinance 17-797, sec. 1, adopted 3/9/17; 2007 Code, sec. 16-401)
An occupant, with regard to any portion of a building under
the occupant’s control, shall:
(1)
Keep
the premises free from refuse and other conditions likely to encourage
infestation by insects, ectoparasites, or rodents.
(2)
Install
in accordance with applicable codes and laws any plumbing fixtures,
heating equipment, electrical equipment, and mechanical equipment
supplied by the occupant.
(3)
Not
alter the property so as to create a violation of this code.
(Ordinance 17-797, sec. 1, adopted 3/9/17; 2007 Code, sec. 16-402)
It is unlawful for an owner or manager of a property to retaliate
against a resident for reporting potential violations of this article.
Without limitation of the foregoing, the actions constituting retaliation
set forth in V.T.C.A. Property Code chapter 92, subchapter H, as may
be amended from time to time, are hereby incorporated by reference
and constitute events of retaliation under this section.
(Ordinance 17-797, sec. 1, adopted 3/9/17; 2007 Code, sec. 16-403)
Upon discovery of a violation of this article, the chief building official or code enforcement officer may issue to the violator a citation enforceable in municipal court, provided that the violation remains after the chief building official or code enforcement officer has issued to the violator a written warning affording a reasonable opportunity to cure the violation. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 17-797, sec. 1, adopted 3/9/17; 2007 Code, sec. 16-404; Ordinance adopting 2022 Code)
