The purpose of this article is to ensure the continued availability of transient lodging within the city, the maintenance and cleaning of hotel, and to protect the health, safety, and welfare. To accomplish these purposes, there is established a requirement to hold a license to operate, conduct, or own a hotel within the city and the adoption of rules and regulations for the permit to remain enforce and provide for penalties for violations. This article shall be liberally construed.
(Ordinance 1659 adopted 9/21/21)
The most current version the International Property Maintenance Code is hereby adopted.
(Ordinance 1659 adopted 9/21/21)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. Where terms are not defined, they shall have their ordinary accepted meanings.
Building official.
The official or other designated authority performing the duties of the chief building official of the city, or his or her duly authorized representative.
Common area.
Communal areas of the hotel/motel, including hallways, stairways, lobby areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots.
Hotel/motel.
A building or group of buildings designed for and occupied as a temporary dwelling place of individuals and providing four (4) or more rooms suitable for daily or long-term occupancy. Hotel services including daily housekeeping and upkeep of furnishings must be provided.
Hotel/motel room.
The portion of the hotel/motel which may be used by a guest as a temporary residence, including single rooms and suites.
Occupancy.
The purpose for which a building or portion thereof is utilized or occupied.
Occupant.
Any individual living or sleeping in a building, or having a right to possession of a space within a hotel/motel room.
Operator.
The manager, management company, managing agent or on-site manager of a hotel/motel.
Owner.
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Person.
An individual, corporation, partnership or any other group acting as a unit.
Premises.
A lot, plot or parcel of land, easement or public way, including any structures thereon.
(Ordinance 1659 adopted 9/21/21)
(a) 
This article shall apply to hotel/motels located in the city which are five (5) years old or older with four (4) or more rooms.
(b) 
The city administrator and the administrator’s authorized representatives are authorized to administer and enforce the provisions of this article.
(Ordinance 1659 adopted 9/21/21)
(a) 
The owner or operator of a hotel/motel meeting the applicability in section 4.05.003 shall annually register the premises with the city administrator by April 30th of each calendar year.
(b) 
A registration is valid for one (1) calendar year, unless the ownership of the hotel/motel changes.
(c) 
If a change in ownership of the hotel/motel occurs during the period that a registration is otherwise valid, the new owner of the hotel/motel shall have thirty (30) days from the date the change of ownership occurred to file a new registration with the administrator of neighborhood services and shall pay a twenty-five dollar ($25.00) fee to re-issue the registration.
(d) 
Registration re-issues received after thirty (30) days of ownership change shall be assessed a late fee of seventy-five dollars ($75.00) at the time of registration re-issue.
(e) 
Annual registration or renewals postmarked or received after April 30th shall be assessed an additional fee increase of:
(1) 
Ten (10) percent of registration fee, as outlined in section 4.05.005(b), if within one (1) month of due date;
(2) 
Thirty (30) percent of registration fee, as outlined in section 4.05.005(b), if within two (2) months of due date;
(3) 
Fifty (50) percent of registration fee, as outlined in section 4.05.005(b), thereafter.
(f) 
All fees and assessments must be current with the city prior to the renewal of a registration certificate.
(g) 
The registration shall be on a form prescribed by the city administrator and shall at a minimum, contain the following information about the premises:
(1) 
The trade name, physical address, business mailing address and total number of units or hotel/motel rooms;
(2) 
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 twenty-four (24) hour period. Emergency conditions shall include fire, natural disaster, flood, burst pipes, collapse hazard and violent crime;
(3) 
The names, addresses, and telephone numbers of the property owner, operators, property manager, resident manager, registered agent, and all federal, state, and local funding agencies;
(4) 
The names, addresses and telephone numbers of any mortgage lienholders.
(h) 
An operator commits an offense if the operator operates a hotel/motel which is not currently registered with the administrator as prescribed.
(Ordinance 1659 adopted 9/21/21)
(a) 
The owner or operator of a hotel/motel shall annually pay the city a fee to offset the city’s cost of administration, registration, and inspection.
(b) 
Hotel/motel owner or operators shall submit an annual fee of eight dollars ($8.00) per hotel/motel room per year with the registration form required by section 4.05.004.
(c) 
The owner or operator of a hotel/motel that fails a periodic inspection as provided for herein shall eliminate all violations identified at the time of the periodic inspection. Follow-up inspections shall be scheduled by the administrator or the administrator’s representative after a period of time determined by the administrator or the administrator’s representative to be sufficient for the owner to abate the violations. Inspection fees shall be assessed as follows:
(1) 
Initial inspection and first reinspection: No fee.
(2) 
Second reinspection: Two hundred fifty dollars ($250.00) per hotel/motel room or public area inspected.
(3) 
Third and subsequent reinspections: Five hundred dollars ($500.00) per hotel/motel room or public area inspected.
(d) 
A fee of twenty-five dollars ($25.00) shall be submitted to reprint an already issued hotel/motel registration certificate.
(Ordinance 1659 adopted 9/21/21)
(a) 
To determine compliance with minimum building and property maintenance standards in accordance with the International Property Maintenance Code and other applicable city codes and to determine compliance with this article, the administrator or administrator’s designated representative may conduct:
(1) 
Annual inspections;
(2) 
Follow-up inspections; and
(3) 
Inspections based on indications of code violations, including complaints filed with the administrator or administrator’s designated representative.
(b) 
The following areas of hotel/motels shall be subject to periodic inspection by the administrator or administrator’s designated representative:
(1) 
All building exteriors;
(2) 
All exterior and interior common areas;
(3) 
All mechanical, maintenance, storage and equipment rooms and closets;
(4) 
Vacant hotel/motel room;
(5) 
Comparative sample of occupied hotel/motel rooms upon receipt of consent by the room’s occupant or other recourse as provided by law.
(c) 
The administrator, building official or their designated representative may inspect portions of a hotel/motel as frequently as the administrator or building official deems necessary. Annual inspections shall be scheduled within three (3) months of any previous annual inspection.
(d) 
The operator of a hotel/motel shall make all exteriors, all interior and exterior public areas, and all vacant hotel/motel rooms of the premises available to the administrator or administrator’s designated representative for inspections at all reasonable times subject to the authority provided by subsection (f) below.
(e) 
The administrator or administrator’s designated representative is authorized to make follow-up inspections of a hotel/motel premises which fails a periodic inspection and to inspect all areas included in the periodic inspection until such time as the violations are abated.
(f) 
The authority granted to conduct inspections by the administrator or the administrator’s designee in this section is subject to all limitations provided in state and federal law. If entry is refused or not obtained, the administrator or administrator’s representative is authorized to seek a warrant allowed by V.T.C.A. Code of Criminal Procedure, article 18.05, as amended.
(Ordinance 1659 adopted 9/21/21)
(a) 
The owner or operator of a hotel/motel premises or their designee shall inspect each hotel/motel room.
(1) 
The inspection of a hotel/motel room shall be conducted a minimum of once annually.
(2) 
The owner or operator or their designee shall sign and date each self inspection report at the time of completion for each hotel/motel room upon the premises.
(3) 
The minimum building and property maintenance standards established by the International Property Maintenance Code and other applicable city codes shall be covered by the inspection. Required items shall include but not be limited to the following:
(A) 
Electrical facilities;
(B) 
Plumbing facilities;
(C) 
Heating facilities;
(D) 
Ventilation;
(E) 
Smoke detectors;
(F) 
Occupancy limitations;
(G) 
Means of ingress/egress;
(H) 
Handrails and guardrails; and
(I) 
Rubbish and garbage.
(b) 
An operator shall maintain reports of the inspections conducted pursuant to subsection (a) for all hotel/motel rooms within and on the premises.
(1) 
The reports shall be in written form on a form prescribed or approved by the city administrator or the administrator’s designated representative.
(2) 
Any alterations to an approved form must be resubmitted for approval.
(3) 
The report shall include places for marking whether the hotel/motel room complies with the standards set by this section.
(4) 
The inspection reports shall be maintained on the premises by the operator for a minimum of three (3) years.
(Ordinance 1659 adopted 9/21/21)
An operator commits an offense if the operator:
(1) 
Operates a hotel/motel which is not currently registered with the director as required by this article;
(2) 
Fails to pay administrative or inspection fees as required by this article;
(3) 
Fails to make owner self-inspections as outlined in section 4.05.007; or
(4) 
Fails to post registration certificates and emergency contact signs as outlined in section 4.05.009; or
(5) 
Commits any other violation of this article.
(Ordinance 1659 adopted 9/21/21)
Each hotel/motel premises described herein shall have prominently displayed in a conspicuous, publicly accessible area on the premises of the hotel/motel:
(1) 
Current and valid registration certificates.
(2) 
If the property is not staffed continuously, then signs posted by the owner or owner’s representative showing 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 twenty-four (24) hour period.
(Ordinance 1659 adopted 9/21/21)
(a) 
A violation of this article is a class C misdemeanor. Every day a violation continues shall constitute a separate offense.
(b) 
Nothing in this article prohibits the city from enforcing civil and criminal enforcement remedies concurrently or availing itself of any other remedy allowed by law.
(Ordinance 1659 adopted 9/21/21)