(a)
The purpose
of this article is to protect the health, safety, morals and welfare
of the citizens of the town by establishing minimum standards applicable
to buildings and structures. Minimum standards are established with
respect to utilities, facilities, and other physical components essential
to make structures safe, sanitary and fit for human use and habitation.
Demolition of structures is provided for as a last resort when compliance
with standards cannot reasonably be achieved.
(b)
This
article is found to remedial and essential to the public interest,
and it is intended that this article be liberally construed to effect
its purpose. All structures within the town on the effective date
of this article, or constructed thereafter, must comply with the provisions
of this article.
(Ordinance 10.0 adopted 6/6/00)
The following definitions shall apply in the interpretation
and enforcement of this article:
Has the meaning set out in Section 683.002, Texas Transportation
Code.
Means an extension or increase in floor area or height of
a building or structure.
Means any change or modification in construction or occupancy.
Means a dwelling unit as defined in this article.
Means any building or portion thereof used as a multiple
dwelling for the purpose of providing three or more separate dwelling
units which may share means of egress and other essential facilities.
Means any building story having a floor below grade.
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 any structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind which has enclosing
walls for at least fifty percent of its perimeter.
Means the Board of Adjustment of the Town of Double Oak.
Means a structure or building occupied as a residence.
Means a single unit providing complete, independent living
facilities for one or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Means the control and extermination of insects, rodents,
or other pests by eliminating their harborage places; by removing
or making inaccessible materials that may serve as their food; by
poisoning, spraying, fumigating, trapping; or by any other recognized
and legal pest elimination methods.
As used in this article, means one or more persons related
by blood, adoption or marriage, living and cooking together as a single
housekeeping unit, exclusive of household servants. A number of persons,
but not exceeding two (2) living and cooking together as a single
housekeeping unit, though not related by blood, adoption or marriage,
shall be deemed to constitute a family.
Means the total area of all habitable space.
Means the animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Means natural surface of the ground, or surface ground after
completion of any changing contour.
Means a space in a building for living, sleeping, eating
or cooking. Bathrooms, toilet compartments, closets, halls, storage
or utility space, and similar areas are not considered habitable space.
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
space, foyers, hallways, utility rooms, heating rooms, boiler rooms,
and basement or cellar recreation rooms.
Means the presence within or around a dwelling, of any insects,
rodents, or other pests.
Means a space, sixty square feet or more in floor area with
a minimum width of five feet, used for cooking or preparation of food.
Means a space, less than sixty square feet in floor area,
used for cooking or preparation of food.
Means any building, or portion thereof, which is occupied
as the home or residence of more than two families living independently
of each other and doing their own cooking in the said building, and
shall include flats and apartments.
The following shall be defined as nuisances:
Any public nuisance known at common law or in equity jurisprudence.
Any attractive nuisance which may prove detrimental to children
whether in a building, on the premises of a building, or upon an unoccupied
lot. This includes any abandoned wells, shafts, basements, or excavations;
abandoned refrigerators and motor vehicles; any structurally unsound
fences or structures; or any lumber, trash, fences, debris or vegetation
which may prove a hazard for inquisitive minors.
Whatever is dangerous to human life or is detrimental to health,
as determined by the building official or designated representative
of the town.
Overcrowding a room with occupants.
Insufficient ventilation or illumination.
Inadequate or unsanitary sewage or plumbing facilities.
Uncleanliness, as determined by the building official or designated
representative of the town.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings, and as defined in the code of ordinances,
as determined by the building official or designated representative
of the town.
Means that part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Means free of leaks, safe, sanitary, and in good working
order.
Means any person who has charge, care or control of a building
or part thereof, in which dwelling units or rooming units are let.
Means a person claiming, or in whom is vested, the ownership,
dominion, or title to real property, including but not limited to:
Holder of 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
The mortgagee, receiver, executor, or trustee in control of
real property; but not including the holder of a leasehold estate
or tenancy for initial term of less than five years.
Means any individual, corporation, organization, partnership,
association, or any other legal entity.
Means gas pipes, water pipes, toilets, lavatories, sinks,
laundry tubs, dishwashers, garbage disposal units, clothes washing
machines, basins, washbasins, bathtubs, shower baths, sewer pipes,
sewage system, septic tanks, drainage, vents, traps, and other fuel
burning or water using fixtures and appliances, together with all
connections to pipes.
Means a lot, plot or parcel of land including the buildings
or structures thereon.
Means a lot, plot, or parcel of land, including any structures
on the land.
Means a person whom for compensation has managing control
of real property.
Means an unoccupied open space adjoining a building and on
the same property, that is permanently maintained accessible to the
fire department and free of all encumbrances that might interfere
with its use by the fire department.
Means a sewer operated by a public authority or public utility
and available for public use.
Means the replacement of existing work with the same kind
of material used in the existing work, not including additional work
that would change the structural safety of the building, or the would
affect or change required exit facilities, a vital element of an elevator,
plumbing, gas piping, wiring or heating installations, or that would
be in violation of a provision of law or ordinance. The term "repair"
or "repairs" shall not apply to any change of construction.
Means buildings in which families or households live or in
which sleeping accommodations are provided, and all dormitories. Such
buildings include, among others, dwellings, multiple dwellings and
rooming houses.
Means combustible and noncombustible waste materials, except
garbage, including the residue from the burning of wood, coal, coke
or other combustible material, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metal, mineral matter, glass crockery, and dust.
Means any condition of good order and cleanliness that precludes
the probability of disease transmission.
Means one or more flights of stairs and the necessary landings
and platforms connecting them, to form a continuous and uninterrupted
passage from one story to another in a building or structure.
Means that portion of a building included between the upper
surface of a floor and upper surface of the floor or roof next above.
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 tent, trailer, or other structure used for human
shelter which is designed to be transportable and which is not attached
to the ground, to another structure, or to any utilities system on
the same premises for more than 30 consecutive days.
Means a premises or structure that:
is reasonably dangerous to the physical health or safety of
an occupant or other persons; or
because of violations of this article, its state of disrepair,
such that it could reasonable cause injury, damage, harm, or inconvenience
to a considerable portion of the community and the use and enjoyment
of property, materially interfering with the property use or comfort
and enjoyment of surrounding property, taking into consideration the
nature and use of the properties in the area and character of the
community in which they are situated, which condition would be substantially
offensive and annoying to persons of ordinary sensibilities, taste,
and habits living in the community.
As applied to a building means that estimated cost to replace
the building in kind.
Means the process of supplying and removing air by natural
or mechanical means to or from any space.
Means an unoccupied space other than a court.
(Ordinance 10.0 adopted 6/6/00)
(a)
The building
official or a designated representative shall have the power to obtain
search warrants allowing the inspection of any specified premises
to determine the presence of a health hazard or unsafe building condition,
including but not limited to any structural, property, or utility
hazard, or a violation of any health or building regulation, statute,
or ordinance.
(b)
For the
purpose of ascertaining whether violations of this article exist,
the building official or designated representative is authorized at
reasonable times to inspect:
(Ordinance 10.0 adopted 6/6/00)
In accordance with Chapter 54 of the Local Government Code,
the Board of Adjustment of the Town of Double Oak shall sit as a building
and standards commission, with the powers and duties imposed therein.
Members of the board, when serving in the capacity of a building and
standards commission, must meet the same qualifications and serve
for the same terms of office as members of the board of adjustment.
(Ordinance 10.0 adopted 6/6/00)
(a)
The board,
when hearing matters under this article, has the following powers
and duties:
(1)
To
require the reduction in occupancy load of an overcrowded structure
or vacation of a structure that is reasonably dangerous to the health,
safety, or welfare of the occupants;
(2)
To
require, as an alternative to demolition of a structure found to be
an urban nuisance, the repair of the structure by the owner or by
the town;
(3)
To
require the demolition of a structure found to be an urban nuisance;
(4)
To
require the removal of personal property from a structure ordered
vacated or demolished. Removal may be accomplished by use of town
forces or a private transfer company if the owner of the personal
property is not known, or the whereabouts of the owner cannot be ascertained,
or the owner fails to remove the personal property. The board may
cause any personal property removed to be stored in the care and custody
of a bonded warehouse facility. Such stored personal property shall
be held for sixty days so that the owner may pay the costs of removal
and storage and reclaim the property. Should the owner fail to reclaim
the property within sixty days, the board shall give the owner notice
in writing and by publication one time in the town's official newspaper
at least ten days prior to placing such property on sale at a public
auction advertised for that purpose. Town may auction such personal
property at a sale called to auction abandoned personal property otherwise
acquired by the town. Should the owner fail to reclaim the property,
it will be sold at the public auction and the proceeds from its sale
will be applied to pay the costs of removal and storage and for any
expenses incurred by the town in the demolition or removal of the
structure from which it was removed. Cost of removal and storage are
the responsibility of the owner of the personal property. An appeal
by the owner for a judicial review of the board's decision shall not
stay the proceedings, but the district court, on application, on notice
to the board and for due cause shown, may grant a restraining order
or injunction;
(5)
To
require a vacant structure or vacant portion of a structure constituting
a dangerous condition or nuisance be securely closed and made safe;
(6)
To
require or cause the correction of a dangerous condition on the land.
Correction of a dangerous condition may be accomplished by town forces
or private contract. The costs of correction are the responsibility
of the owner and may be a charge against the property if done at the
expense of the town;
(7)
To
grant a variance when, in the opinion of the board, a literal interpretation
of this article would result in the imposition of an unnecessary or
unreasonable hardship;
(8)
To
assess a civil penalty, not to exceed $1,000.00 a day, against a property
owner for each day or part of a day, that he fails to repair or demolish
a structure in compliance with a board order issued under this article;
(9)
To
require relocation of the occupants of a structure found to be an
urban nuisance;
(10)
To declare a building substandard in accordance with the powers granted
by subchapter C of Chapter 54, Texas Local Government Code, as amended;
(11)
To issue orders or directives to any peace officer of the state,
including a sheriff or constable or the chief of police of the town,
to enforce and carry out the lawful orders or directives of the board;
and
(12)
To recommend to the town council that a cause of action be brought
in a court of proper jurisdiction to carry out the purposes and intent
of this article and to enforce its provisions.
(Ordinance 10.0 adopted 6/6/00)
(a)
The board
may adopt rules not inconsistent with this article. Meetings of the
board will be held at the call of the chairman, or in his absence
the acting chairman, or as the board may determine from time to time.
The chairman or in his absence, the acting chairman may administer
rolls and compel the attendance of witnesses. All meetings are open
to the public.
(b)
The building
official or his designated representative may act as secretary to
the board, but shall not be a member. The secretary shall keep a record
of the cases, activities, and actions of the board and its determinations,
give notice of the date and time of hearings, and perform such other
duties as are consistent with or may be necessary for the enforcement
of this article.
(c)
Notice
of all proceedings before the board shall be given:
(1)
by
certified mail, return receipt requested to the record owners of the
affected property sent to the last known address, and each mortgagee,
lienholder and each holder of a recorded lien against the affected
property, as shown by the records of the county clerk of the county
in which the affected property is located if the address of the lienholder
can be ascertained from the deed of trust establishing lien or other
applicable instruments on file in the office of the county clerk;
and
(2)
to
all unknown owners by posting a copy of the notice on the front door
of each improvement situated on the affected property or as close
to the front as practicable;
(3)
The
notice shall be mailed and posted before the 10th day preceding the
date of the hearing before the board and must state the date, time,
and place of the hearing. In addition, the notice must be published
in a newspaper of general circulation in the town on one occasion
before the 10th day preceding the date fixed for the hearing;
(4)
The
notice shall contain the following:
(A)
An identification, which is not required to be a legal description
of the building and the property on which it is located;
(B)
A description of the violation of the municipal standards that is
present at the building; and
(C)
A statement that the town will vacate, secure, remove, repair, or
demolish the building or relocate the occupants of the building if
the ordered action is not taken within a reasonable time.
(5)
If
the notice sent to the last known address of the person being notified
is returned undelivered, the building official may serve the notice
personally if the person to be notified can be found in Denton County,
Texas. If notice sent to an owner is returned undelivered, and after
diligent search, the building official is unable to discover a correct
address for the owner or is unable to serve the owner personally,
then the building official shall give notice by publication in the
official newspaper of the town at least five days before the hearing.
(d)
At each
hearing of the board an owner, lessor, occupant, or lienholder may
present witnesses in his own behalf and is entitled to cross-examine
any witnesses appearing against him.
(e)
After
a public hearing, the decision of the board is final as to the administrative
remedies.
(f)
Once
the decision of the board has become final under this article, the
person affected by the order may appeal the decision to the state
district court, by filing a petition with the district court within
thirty (30) calendar days after the date a copy of the final decision
of the board is mailed by certified mail, return receipt requested
to all persons whom notice is required to be sent. The board shall
mail such copy promptly after the decision becomes final. In addition,
a copy shall be published one (1) time in the official newspaper of
the town within ten (10) calendar days after the date of the mailing
of the copy as herein provided, and a copy shall be filed in the office
of the town secretary. On presentation of the petition, the court
may allow a writ of certiorari pursuant to subchapter (c), Chapter
54, Local Government Code of the State of Texas, as amended. If no
appeals are taken from the decision of the board within the required
period, the decision of the board, in all things, be final and binding.
The appeal in district court shall be limited to a hearing under the
substantial evidence rule.
(Ordinance 10.0 adopted 6/6/00)
(a)
A person
commits an offense if he fails to correct a violation of this article
in compliance with a board order that has become final.
(Ordinance 10.0 adopted 6/6/00)
(a)
Property
Standards.
An owner shall:
(1)
eliminate
a hole, excavation, sharp protrusion, and any other object or condition
that exists on the land and is reasonably capable of causing injury
to a person;
(2)
securely
cover or close a well, cesspool, or cistern;
(3)
provide
solid waste receptacles or containers when required by the town;
(4)
provide
drainage to prevent standing water and flooding on the land;
(5)
remove
dead trees and tree limbs that are reasonably capable of causing injury
to a person; and
(6)
keep
the doors and windows of a vacant structure or vacant portion of a
structure securely closed to prevent unauthorized entry.
(b)
Structural
Standards.
An owner shall:
(1)
protect
the exterior surfaces of a structure which are subject to decay by
application of paint or other coating;
(2)
fill
hollow, masonry supporting piers, if used, with concrete and anchor
the piers to concrete footings with a 5/8 inch steel dowel;
(3)
provide
and maintain railings for stairs, steps, balconies, porches, and elsewhere
as specified in the building code;
(4)
repair
holes, cracks, and other defects reasonably capable of causing injury
to a person in stairs, porches, steps, and balconies;
(5)
maintain
a structure intended for human occupancy and a structure used as an
accessory to a structure intended for human occupancy in a weather
tight and water tight condition;
(6)
maintain
floors, walls, ceilings, and all supporting structural members in
a sound condition, capable of bearing imposed loads safely;
(7)
provide
cross-ventilation as prescribed in the building code;
(8)
repair
or replace chimney flue and attachments that do not function properly;
(9)
repair
holes, cracks, breaks, and loose surface materials that are health
or safety hazards in or on floors, walls, and ceilings;
(10)
provide and maintain a moisture resistant finish or material for
the flooring or subflooring of each bathroom, shower room, and toilet
room;
(11)
provide every habitable room with at least one window or skylight
facing directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be 8% of the floor area
of such room. Whenever walls or other portions of structures face
a window of any such room and such light-obstruction structures are
located less than 3 feet from the window and extend to a level above
that of the ceiling of the room, such a window shall not be deemed
to face directly to the outdoors and shall not be included as contributing
to the required minimum total window area. Whenever the only window
in a room is a skylight-type window in the top of such room, the total
window area of such skylight shall equal at least 15% of the total
floor area of such room;
(12)
provide every habitable room with at least one window or skylight
which can be easily opened, or such other device as will adequately
ventilate the room. The total of openable window area in every habitable
room shall equal to at least 45% of the minimum window area size or
minimum skylight-type window size, as required, or shall have other
approved, equivalent ventilation;
(13)
year round mechanically ventilating conditioned air systems may be
substituted for windows, as required herein, in rooms other than rooms
used for sleeping purposes. Window type air conditioning units are
not included in this exception;
(14)
provide every bathroom with the light and ventilation requirements
for habitable rooms except that no window or skylight shall be required
in adequately ventilated bathrooms equipped with an approved ventilating
system;
(15)
when there is electric service available to the building structure,
provide every habitable room or space with at least two separate and
remote receptacle outlets. Bedrooms shall have, in addition, at least
one wall switch controlled lighting outlet. In kitchens, three separate
and remote receptacle outlets shall be provided, and a wall or ceiling
lighting outlet controlled by a wall switch shall be provided. Every
hall, water closet compartment, bathroom, laundry room or furnace
room shall contain at least on ceiling-mounted or wall-mounted lighting
outlet. In bathrooms, the lighting outlet shall be controlled by a
wall switch. In addition to the lighting outlet in every bathroom
and laundry room, there shall be provided at least one receptacle
outlet. Any new bathroom receptacle outlet shall have ground fault
circuit interrupter protection;
(16)
provide every common hall and inside stairway in every building,
other than one-family dwellings, be adequately lighted at all times
with an illumination of at least 1 foot candle intensity at the floor
in the darkest portion of the normally traveled stairs and passageways;
(17)
provide and maintain the building foundation system in a safe manner
and capable of supporting the load which normal use may cause to be
placed thereon;
(18)
provide every exterior wall be free of holes, breaks, loose or rotting
boards or timbers, and any other conditions which might admit rain,
or dampness to the interior portions of the walls or to the occupied
spaces of the building. All siding material shall be kept in repair;
(19)
provide roofs which are structurally sound and maintained in a safe
manner and which have no defects which might admit rain or cause dampness
in the walls or interior portion of the building;
(20)
provide and maintain all portions, additions or sections of a roof
including, but not limited to fascia, eaves, soffit, sheathing, rafter
tails, barge rafter, vent screening, gutters, downspouts, roof jacks,
and lead or metal flashing. They shall be complete with all trim strips,
moldings, brackets, braces and supports in accordance with common
building practices. No item shall display signs of deterioration,
abuse or improper installation that could be construed to affect the
purpose of that item or cause damage to the immediate area or roof
structure, that could allow dampness or admit rain to the interior
of that building;
(21)
provide and maintain every dwelling unit with safe, unobstructed
means of egress with a minimum ceiling height of 7 feet leading to
a safe and open space at ground level. Stairs shall have a minimum
head room of 6 feet, 8 inches;
(22)
provide and maintain every inside and outside stair, porch and any
appurtenance thereto for safe use. It shall be capable of supporting
the load that normal use may cause to be placed thereon and shall
be kept in sound condition and good repair;
(23)
provide and maintain protective railings on any unenclosed structure
over 30 inches from the ground level or on any steps containing four
risers or more;
(24)
provide and maintain every window substantially weathertight, watertight
and rodentproof, and keep in sound working condition and good repair;
(25)
provide and maintain every window sash to be fully supplied with
glass window panes or an approved substitute which is without open
cracks or holes. Window sash shall be properly fitted and weathertight
within the window frame;
(26)
provide every window required for light and ventilation for habitable
rooms to be capable of being easily opened and secured in position
by window hardware;
(27)
provide every exterior door, basement or cellar door and hatchway
to be substantially weathertight, watertight, and rodentproof, and
keep in sound working condition and good repair;
(28)
provide every exterior door with properly installed hardware that
is maintained to insure reasonable ease of operation to open, close
and secure in an open or closed position, as intended by the manufacturer
of the door and the attached hardware;
(29)
provide exterior door frames be properly maintained and affixed with
weatherstripping and thresholds as required to be substantially weathertight,
watertight and rodent and insect restrictive when the door is in a
closed position;
(30)
provide exterior door jambs, stops, headers and moldings securely
attached to the structure, maintained in good condition without splitting
or deterioration that would minimize the strength and security of
the door in a closed position;
(31)
provide dwelling units which do not have a properly working central
air conditioning system with screens on all exterior openable windows
and have a screen door with a self-closing device on all exterior
doors except for the main entrance door;
(32)
provide all exterior wood surfaces, other than decay resistant woods,
protected from the elements and decay by painting or other protective
covering or treatment. All siding shall be weather resistant and water
tight. All masonry joints shall be sufficiently tuck pointed to insure
water and air tightness;
(33)
provide and maintain garages, storage buildings and all other accessory
structures in good repair and sound structural condition;
(34)
provide every floor, interior wall and ceiling be substantially rodent
proof, kept in sound condition and good repair and safe to use and
capable of supporting the load which normal use may cause to be placed
thereon;
(35)
provide every toilet, bathroom and kitchen floor surface constructed
and maintained so as to be substantially impervious to water and so
as to permit such floor to be easily kept in a clean and sanitary
condition;
(36)
maintain every structural element of the dwelling structurally sound
and show no evidence of deterioration which would render it incapable
of carrying normal loads;
(37)
provide and maintain interior stairs and stairwells more than four
risers high with handrails located in accordance with the requirements
of the building code. Handrails or protective railings shall be capable
of bearing normally imposed loads and be maintained in good condition;
(38)
provide firestopping maintained to cut off all concealed draft openings
both horizontal and vertical and to form a fire barrier between floors
and between the upper floor and the roof space. Draftstopping shall
be maintained to cut off all concealed draft openings in floor/ceiling
assemblies and in attics;
(39)
provide every existing interior door to fit reasonably well within
its frame and be capable of being opened and closed by being properly
and securely attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware;
(40)
provide every interior door with proper hardware, securely attached
and maintained in good condition. Hasp lock assemblies are not permitted
on the exterior side of the door of habitable rooms;
(41)
provide and maintain the privacy of bathrooms afforded by doors complete
with privacy hardware intended by manufacturer for that purpose;
(42)
provide existing skirting maintained free from broken or missing
sections, pieces or cross members. Skirting shall be securely attached
and sized from the ground to the lower outside perimeter of the structure.
Replacement or new skirting shall be constructed of materials intended
for exterior use and properly sized and mounted to prevent free access
to the crawl space of the structure. Crawl space access grille or
door and ventilation grilles shall be sized according to local code
requirements;
(43)
provide every dwelling unit with at least 150 square feet of floor
area for the first occupant thereof and at least 100 additional square
feet of floor area per additional occupant. The floor area shall be
calculated on the basis of the total area of the habitable rooms;
(44)
provide in every dwelling unit, every room occupied for sleeping
purposes by one occupant with at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one occupant
with at least 50 square feet of floor area for each occupant thereof;
(45)
provide habitable (space) rooms other than kitchens, storage rooms
and laundry rooms with a ceiling height of not less than 7 feet, 6
inches (or seven feet to the lowest projection). Hallways, corridors,
bathrooms, water closet rooms and kitchens shall have a ceiling height
of not less than 7 feet measured to the lowest projection from the
ceiling. If any room in a building has a sloping ceiling, the prescribed
ceiling height for the room is required in only one-half the room
area. No portion of the room measuring less than 5 feet from the finished
floor to the finished ceiling shall be included in any computation
of the minimum room area;
(46)
in the event the basement or cellar space is used as a habitable
room or dwelling unit, provide and maintain the following:
(A)
The floor and walls impervious to leakage of underground and surface
runoff water and insulated against dampness;
(B)
The total window area in each room equal to at least the minimum
required window area size;
(C)
The required minimum window area entirely above the grade of the
ground adjoining such window area; and
(c)
Utility
Standards.
An owner shall:
(1)
provide
and maintain in operating condition connections to discharge sewage
from a structure or land into a public sewer system or approved on-site
septic system;
(2)
provide
and maintain in operating condition a toilet connected to a water
source and to a public sewer, or approved on-site septic system, in
or within each structure intended for human habitation;
(3)
provide
and maintain in operating condition connections and pipes to supply
potable water at adequate pressure to a structure intended for human
occupancy;
(4)
provide
and maintain in operating condition a device to supply hot water of
a minimum temperature of 120 degrees Fahrenheit within each structure
intended for human habitation;
(5)
provide
and connect a kitchen sink, bathtub or shower, and lavatory to a cold
and hot water source in each structure intended for human habitation;
(6)
connect
plumbing fixtures and heating equipment that the owner supplies in
accordance with the plumbing and mechanical codes;
(7)
if
screens are not provided, provide and maintain in operating condition,
from May 1 through October 15, refrigeration equipment capable of
maintaining a maximum inside temperature that is 20 degrees lower
than the outside temperature or 85 degrees Fahrenheit, whichever is
warmer, in each room of a structure intended for human occupancy;
(8)
provide
and maintain in operating condition supply lines for electrical service
to each structure intended for human occupancy;
(9)
provide
and maintain in operating condition electrical circuits and outlets
sufficient to safely carry a load imposed by normal use of appliances
and fixtures;
(10)
locate all required plumbing fixtures within the dwelling unit be
accessible to the occupants of same. The water closet, tub or shower
and lavatory shall be located in a room affording privacy to the user
and such room shall have a minimum floor space of 30 square feet with
no dimension less than 4 feet. Bathrooms shall be accessible from
habitable rooms, hallways, corridors or other protected or enclosed
areas, not including kitchens or other food preparation areas;
(11)
provide heating facilities which are properly installed, are maintained
in safe and good working conditions, and are capable of safely and
adequately heating all habitable rooms, and bathrooms in every dwelling
unit located therein to a temperature of at least 68 degrees Fahrenheit
(20 degrees Celsius) at a distance 3 feet above floor level;
(12)
in the event a central heating system is not provided, provide each
dwelling unit with facilities whereby heating appliances may be connected;
(13)
unvented fuel burning heaters shall be prohibited except for gas
heaters listed for unvented use and the total input rating of the
unvented heaters is less than 30 Btu per hour per cubic feet of room
content. Unvented fuel burning heaters shall be prohibited in bedrooms
and bathrooms;
(14)
provide all cooking and heating equipment and facilities installed
in accordance with the building, mechanical, gas and electrical codes
and be maintained in a safe and good working condition. Portable cooking
equipment employing flame is prohibited for use indoors;
(15)
provide every dwelling unit with adequate garbage disposal facilities
or garbage storage containers, of a type and location approved by
the town;
(16)
provide each dwelling unit with an approved listed smoke detector,
installed in accordance with the manufacturer's recommendations and
listing. When activated, the detector shall provide an audible alarm.
The detector shall be tested in accordance with and meet the requirements
of UL217, Single and Multiple Station Smoke Detectors;
(17)
provide every electrical outlet and fixture required by this code
to be installed, maintained and connected to a source of electric
power in accordance with the provisions of the electrical code of
the town.
(d)
Health
Standards.
An owner shall:
(1)
eliminate
rodents and vermin in or on the land;
(2)
provide
a structure intended for human habitation with a screen for keeping
out insects at each opening of the structure if the structure is not
cooled with refrigerated air;
(3)
maintain
the interior of a vacant structure or vacant portion of a structure
free from rubbish and garbage;
(4)
keep
the interior of a structure free from insects, rodents and vermin;
(5)
be
responsible for maintaining in a clean and sanitary condition the
shared or common areas of the dwelling and premises thereof;
(6)
keep
the premises clean and remove from the premises abandoned items such
as abandoned motor vehicles, ice boxes, refrigerators, stoves, glass,
building materials, building rubbish or similar items, including but
not limited to weeds, dead trees, trash, garbage, etc.
(e)
An owner
shall provide a tenant with alternative housing that meets the minimum
standards required by this article when:
(1)
after
being issued a notice or citation for violation of this article, the
owner fails to repair heating equipment within 72 hours after receiving
such notice or citation and the overnight low temperature, measured
by the National Weather Service at Dallas Love Field, is below 40
degrees Fahrenheit for three consecutive days after receiving such
notice or citation; or
(2)
after
being issued a notice or citation for violation of this article, the
owner fails to repair refrigerated air equipment within 72 hours after
receiving such notice or citation and the daytime high temperature,
as measured by the National Weather Service at Dallas Love Field,
is 95 degrees Fahrenheit or above for three consecutive days after
receiving such notice or citation.
(3)
Being
forced to make other repairs which make the structure uninhabitable
during the repair period.
(Ordinance 10.0 adopted 6/6/00)
(a)
An occupant
shall:
(1)
maintain
those portions of the interior of a structure under his control free
from rubbish, garbage and other conditions that would encourage infestation
of insects, rodents, or vermin;
(2)
remove
an animal or animals from a structure if the presence of the animal
or animals is a health hazard to an occupant;
(3)
connect
plumbing fixtures and heating equipment that the occupant supplies
in accordance with the town's plumbing and mechanical codes;
(4)
provide
solid waste receptacles or containers, when required by the town;
(5)
keep
the interior of the structure free from insects, rodents and vermin;
(6)
keep
all plumbing fixtures therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper
use and operation thereof;
(7)
not
occupy as owner-occupant, and shall not let or lease to another for
occupancy, any building or structure which does not comply with the
applicable provisions of any code of the town;
(8)
keep
in a clean and sanitary condition that part of the dwelling, dwelling
unit and premises thereof which he occupies or which is provided for
his particular use;
(9)
dispose
of all garbage and any other organic waste which might provide food
for rodents and all rubbish in a clean and sanitary manner by placing
it in the garbage disposal facilities or garbage or rubbish storage
containers.
(Ordinance 10.0 adopted 6/6/00)
(a)
The building
official or other designated representative shall give notice of a
hearing to consider repair or demolition of a structure, or the assessment
of a civil penalty against the owner, to the owner or owners, lessor,
and occupant of the structure, and any mortgagee or lienholder of
record of the real property concerned. A structure may be considered
for repair, demolition, or civil penalty if the structure is not maintained
in compliance with one or more of the minimum standards of this article,
and the structure is an urban nuisance.
(b)
A public hearing to consider repair or demolition of a structure, or the assessment of a civil penalty against the owner, shall be before the board after notice has been given to the person set forth in subsection (a) above. At the hearing the building official or designated representative shall present evidence of the condition of a structure and an owner, lessor, occupant, mortgagee, and lienholder, as well as any interested person, may present evidence on relevant issues.
(c)
The board,
after hearing evidence from each interested person present, may:
(1)
find
that the structure is not an urban nuisance and refer the matter to
the building official for further appropriate actions;
(2)
grant
a variance in order to avoid the imposition of an unreasonable or
unnecessary hardship;
(3)
in
the case of a single family dwelling occupied by the owner where the
health, safety, and welfare of other persons will not be affected,
grant an exception to any provision of this article to avoid the imposition
of an unreasonable hardship; or
(4)
find
the structure is an urban nuisance and order:
(A)
demolition of the structure;
(B)
repair or correction of the structure within a specified period of
time;
(C)
repair or correction of the structure within a specified period of
time and demolition of the structure if the repair or correction is
not timely effected;
(D)
repair or correction of the structure by the owner, mortgagee, or
lienholder within a specified period of time and repair or correction
by the town if not timely accomplished by the owner, mortgagee, or
lienholder;
(E)
repair, correction, or demolition of the structure within a specified
period of time and the assessment of a civil penalty against the owner
of not more than $1,000 per day for each day or part of a day that
the owner fails to repair, correct or demolish the structure;
(F)
vacation of the structure as necessary; and/or
(G)
closure of an open and vacant structure.
(d)
Demolition
of a structure may be accomplished by an owner, mortgagee, or lienholder
as compliance with this section or by the town. Repair of a structure
may be accomplished by an owner, mortgagee, or lienholder as compliance
with this section, or by the town but only to the extent necessary
to bring the structure into compliance with minimum standards and
only if the structure is a residential structure with not more than
ten dwelling units. Vacation of a structure or relocation of the occupants
of a structure may be accomplished by an owner, mortgagee, or lienholder
as compliance with this section or by the town.
(e)
The expense
of repair, vacation, removal, closure or demolition of a structure
when performed under contract with this town or by town forces, and
any civil penalty assessed against the owner, constitutes a first
and non-transferable lien against the real property on which the structure
stands or stood, and the lien runs with the land. The town's lien
attaches when notice of the lien is recorded and indexed in the office
of the county clerk in the county in which the property is located.
The notice must contain the name and address of the owner, if reasonably
determinable, a legal description of the real property, the amount
of expenses incurred by the town, and the balance due. The town's
lien for demolition, vacation, removal and closure expenses is a privileged
lien subordinate only to tax liens and liens for street improvements.
A lien acquired by the town under this subsection for repair expenses
may not be foreclosed if the structure upon which the repairs were
made is the residential homestead of a person 65 years of age or older
and is occupied by that person.
(f)
The town
may use any and all lawful means to recover and collect any repair,
vacation, removal, closure and demolition costs and civil penalties
from an owner. Any civil penalty or other assessment imposed by this
section accrues interest at the rate of ten percent per year from
the date of payment of such costs by the town until paid in full.
In any judicial proceeding regarding enforcement of town's rights
under this article, the town is entitled to recover reasonable attorney's
fees from the other party. In no event shall any costs, expenses or
attorney's fees be awarded or assessed against the town or the board
in any judicial proceeding relating to the enforcement of this article.
(g)
The building
official or other designated representative shall give notice of demolition
or repair by the town, or the assessment of the civil penalty, if
the building official determines that the owner has not complied with
an order to repair.
(h)
The building official or other designated representative shall give notice of an order of the board and notice of demolition, repair by the town, or the assessment of a civil penalty, at the time of issue, to each person designated in subsection (a) hereof and may, at his option, file such notice or order with the deed records of Denton County. If compliance with an order to demolish or repair is timely accomplished, the building official or designated representative shall, upon request and payment of the cost by the owner, file a notice of compliance in the deed records.
(i)
When
an order of the board has been filed in the county deed records, compliance
with the provisions of the order is not affected by a sale or other
transfer of the premises. Such filing shall also serve in the nature
of a lis pendens relating to the property. A person acquiring interest
in property after an order has been so filed is subject to the requirements
of the order. The provisions of this subsection may be included as
part of each order.
(j)
The building
official or designated representative shall serve notice required
by this section by certified mail, return receipt requested, sent
to the last known address of the person being notified. If the certified
mail is returned undelivered, the building official or designated
representative may serve the notice personally if the person to be
notified can be found in Denton County, Texas. If the notice sent
to an owner is returned undelivered, and after diligent search the
building official or designated representative is unable to discover
a correct address for the owner or is unable to serve the owner personally,
then the building official or designated representative shall give
notice by publication of the order once in the official newspaper
of the town at least five days before the hearing date.
(Ordinance 10.0 adopted 6/6/00)
(a)
When
the building official or designated representative has given notice
of a hearing to consider vacation of a structure, the building official
or designated representative shall place a sign on the structure or
dwelling unit. The sign shall serve as a warning of the unsafe, unsanitary,
and dangerous condition of the structure. A person commits an offense
if he:
(1)
without
authority from the building official moves or destroys a sign placed
by the building official;
(2)
occupies
a vacant structure or dwelling unit, authorizes a person to occupy
a vacant structure or dwelling unit on which the building official
has placed such sign;
(3)
as
the owner of a structure or dwelling unit, authorizes a person to
occupy a vacant structure or dwelling unit on which the building official
has placed such sign.
(b)
Each
occupant of a structure or dwelling unit that has been ordered vacated
shall vacate the structure or dwelling unit within a specified time
determined by the board. No person shall occupy a structure or dwelling
unit that has been ordered vacated.
(c)
The owner
shall provide alternative housing to all tenants as required in Section
3.1608(e).
(Ordinance 10.0 adopted 6/6/00)
When the building official or designated representative gives
notice of a hearing to consider closure of the structure, the building
official or designated representative may place a sign on the open
and vacant structure or portion of a structure warning of its condition.
(1)
No person
without authority from the building official shall remove such sign.
(2)
No person
shall occupy an open and vacant structure on which such sign has been
placed.
(Ordinance 10.0 adopted 6/6/00)
(a)
A person
who violates a provision of this article, or who fails to perform
an act required of him by this article, commits an offense. A person
commits a separate offense each day or portion of a day during which
a violation is committed, permitted, or continued. An offense under
this article is punishable by a fine in accordance with the general
penalty provision set forth in Section 1.109 of this code.
(b)
In addition to imposing a criminal penalty described in subsection (a), the town hereby implements Chapter 54, subchapters B and C of the Texas Local Government Code and may bring a civil action against a person violating a provision of this article. The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000 for each day or portion of a day during which the violation is committed, continued, or permitted.
(Ordinance 10.0 adopted 6/6/00)
