(a) 
The purpose of this article is to protect the health, safety, morals, and welfare of the citizens of the city 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 be 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 city on the effective date of this article, or constructed thereafter, must comply with the provisions of this article.
(1977 Code, sec. 6-181)
The following definitions shall apply in the interpretation and enforcement of this article:
Abandoned motor vehicle.
Has the meaning set out in section 683.002, Texas Transportation Code.
Addition.
An extension or increase in floor area or height of a building or structure.
Alter or alteration.
Any change or modification in construction or occupancy.
Apartment.
A dwelling unit as defined in this article.
Apartment house.
Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units which may share means of egress and other essential facilities.
Basement.
Any building story having a floor below grade.
Bathroom.
An enclosed space containing one (1) or more bathtubs, showers, or both, and which may also include toilets, lavatories, or fixtures serving similar purposes.
Board.
The board of adjustment of the city.
Building.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind in which has enclosing walls for at least fifty (50) percent of its perimeter.
Dwelling.
A structure or building occupied as a residence.
Dwelling unit.
A single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Extermination.
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, or trapping; or by any other recognized and legal pest elimination methods.
Family.
One (1) 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.
Floor space.
The total area of all habitable space.
Garbage.
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Grade.
The natural surface of the ground, or surface [of the] ground after completion of any changing contour.
Habitable room.
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.
Habitable space.
The space occupied by one (1) 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.
Infestation.
The presence within or around a dwelling of any insects, rodents, or other pests.
Kitchen.
A space, sixty (60) square feet or more in floor area with a minimum width of five (5) feet, used for cooking or preparation of food.
Kitchenette.
A space, less than sixty (60) square feet in floor area, used for cooking or preparation of food.
Multiple dwelling.
Any building, or portion thereof, which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.
Nuisance.
The following shall be defined as nuisances:
(1) 
Any public nuisance known in common law or in equity jurisprudence.
(2) 
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 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.
(3) 
Whatever is dangerous to human life or is detrimental to health, as determined by the building official or designated representative of the city.
(4) 
Overcrowding a room with occupants.
(5) 
Insufficient ventilation or illumination.
(6) 
Inadequate or unsanitary sewage or plumbing facilities.
(7) 
Uncleanliness, as determined by the building official or designated representative of the city.
(8) 
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 city.
Openable area.
That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operating condition.
Free of leaks, safe, sanitary, and in good working order.
Operator.
Any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let.
Owner.
A person claiming, or in whom is vested, the ownership, dominion, or title to real property, including but not limited to:
(1) 
The holder of fee simple title;
(2) 
The holder of a life estate;
(3) 
The holder of a leasehold estate for an initial term of five (5) years or more;
(4) 
The buyer in a contract for deed; and
(5) 
The mortgagee, receiver, executor, or trustee in control of real property;
but not including the holder of a leasehold estate or tenancy for an initial term of less than five (5) years.
Person.
Any individual, corporation, organization, partnership, association, or any other legal entity.
Plumbing fixtures.
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.
Premises.
A lot, plot or parcel of land, including the buildings or structures thereon.
Property.
A lot, plot, or parcel of land, including any structures on the land.
Property manager.
A person who for compensation has managing control of real property.
Public area.
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.
Public sewer.
A sewer operated by a public authority or public utility and available for public use.
Repair.
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 that 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.
Residential buildings.
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.
Rubbish.
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.
Sanitary.
Any condition of good order and cleanliness that precludes the probability of disease transmission.
Stairway.
One (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one (1) story to another in a building or structure.
Story.
That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
Structure.
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.
Temporary housing.
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 thirty (30) consecutive days.
Urban nuisance.
Any premises or structure that:
(1) 
Is reasonably dangerous to the physical health or safety of an occupant or other persons; or
(2) 
Because of violations of this article, its state of disrepair, [is] such that it could reasonably 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.
Valuation or value.
As applied to a building, means the estimated cost to replace the building in kind.
Ventilation.
The process of supplying and removing air by natural or mechanical means to or from any space.
Yard.
An unoccupied open space other than a court.
(1977 Code, sec. 6-182)
(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 not to exceed two thousand dollars ($2,000.00) per day.
(b) 
In addition to imposing a criminal penalty described in subsection (a), the city 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 one thousand dollars ($1,000.00) for each day or portion of a day during which the violation is committed, continued, or permitted.
(c) 
The penalties provided for in subsections (a) and (b) are in addition to any other enforcement remedies that the city may have under city ordinances and state law.
(1977 Code, sec. 6-193)
(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:
(1) 
The exterior of a structure and premises which contain no structure; and
(2) 
The interior of a structure, if the permission of the owner, occupant, or person in control is given, or if a search warrant is issued.
(1977 Code, sec. 6-183)
In accordance with chapter 54 of the Local Government Code, the board of adjustment of the city 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.
(1977 Code, sec. 6-184)
(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 city;
(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 city 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 (60) 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 (60) days, the board shall give the owner notice in writing and by publication one (1) time in the city official newspaper at least ten (10) days prior to placing such property on sale at a public auction advertised for that purpose. The city may auction such personal property at a sale called to auction abandoned personal property otherwise acquired by the city. 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 city 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 city 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 city;
(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 one thousand dollars ($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 city, to enforce and carry out the lawful orders or directives of the board; and
(12) 
To recommend to the city 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.
(1977 Code, sec. 6-185)
(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 [oaths] 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) 
(1) 
Notice of all proceedings before the board shall be given:
(A) 
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
(B) 
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.
(2) 
The notice shall be mailed and posted before the tenth 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 city on one (1) occasion before the tenth day preceding the date fixed for the hearing.
(3) 
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 city 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.
(4) 
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 Dallas 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 city at least five (5) 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 to 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 city 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 city 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, as amended. If no appeals are taken from the decision of the board within the required period, the decision of the board shall, in all things, be final and binding. The appeal in district court shall be limited to a hearing under the substantial evidence rule.
(1977 Code, sec. 6-186)
(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.
(b) 
It is a defense to prosecution under subsection (a) that the board order has been appealed to the state district court.
(1977 Code, sec. 6-187)
(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 city;
(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 five-eighths-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 weathertight and watertight 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 flues 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 (1) window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be eight (8) percent 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 three (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 fifteen (15) percent of the total floor area of such room;
(12) 
Provide every habitable room with at least one (1) 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 forty-five (45) percent 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 (2) separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one (1) wall switch controlled lighting outlet. In kitchens, three (3) 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 one (1) 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 (1) 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 one (1) footcandle 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 seven (7) feet leading to a safe and open space at ground level. Stairs shall have a minimum head room of six (6) feet, eight (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 thirty (30) inches from the ground level or on any steps containing four (4) 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 sashes 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 weather-stripping 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, be protected from the elements and decay by painting or other protective covering or treatment. All siding shall be weather resistant and watertight. 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 rodentproof, 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 be 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 showing no evidence of deterioration which would render it incapable of carrying normal loads;
(37) 
Provide and maintain interior stairs and stairwells more than four (4) 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 fire-stopping 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. Draft-stopping 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 grilles or door and ventilation grilles shall be sized according to local code requirements;
(43) 
Provide every dwelling unit with at least one hundred fifty (150) square feet of floor area for the first occupant thereof and at least one hundred (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 (1) occupant with at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant with at least fifty (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 seven (7) feet six (6) inches (or seven (7) feet to the lowest projection). Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven (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 five (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
(D) 
The total of openable window area in each room shall be equal to at least the minimum area as required by subsection (b)(12) of this section.
(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 one hundred twenty (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 twenty (20) degrees lower than the outside temperature or eighty-five (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 to 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 thirty (30) square feet with no dimension less than four (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 condition, 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 sixty-eight (68) degrees Fahrenheit (twenty (20) degrees Celsius) at a distance three (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 thirty (30) British thermal units 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 be 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 city;
(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 UL 217, 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 city;
(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, iceboxes, refrigerators, stoves, glass, building materials, building rubbish or similar items, including but not limited to weeds, dead trees, trash, garbage, etc.
(e) 
Provision of alternative housing.
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 seventy-two (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 forty (40) degrees Fahrenheit for three (3) consecutive days after receiving such notice or citation;
(2) 
After being issued a notice or citation for violation of this article, the owner fails to repair refrigerated air equipment within seventy-two (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 ninety-five (95) degrees Fahrenheit or above for three (3) consecutive days after receiving such notice or citation; or
(3) 
Being forced to make other repairs which make the structure uninhabitable during the repair period.
(1977 Code, sec. 6-188)
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 city plumbing and mechanical codes;
(4) 
Provide solid waste receptacles or containers, when required by the city;
(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 city;
(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.
(1977 Code, sec. 6-189)
(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 (1) 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 city 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 one thousand dollars ($1,000.00) 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 city. Repair of a structure may be accomplished by an owner, mortgagee, or lienholder as compliance with this section, or by the city 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 (10) 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 city.
(e) 
The expense of repair, vacation, removal, closure or demolition of a structure when performed under contract with this city or by city forces, and any civil penalty assessed against the owner, constitutes a first and nontransferable lien against the real property on which the structure stands or stood, and the lien runs with the land. The city 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 city, and the balance due. The city’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 city 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 sixty-five (65) years of age or older and is occupied by that person.
(f) 
The city 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 city until paid in full. In any judicial proceeding regarding enforcement of city rights under this article, the city 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 city 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 city 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 city 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 Dallas 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 Dallas 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 city at least five (5) days before the hearing date.
(1977 Code, sec. 6-190)
(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 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 21.04.009(e).
(1977 Code, sec. 6-191)
(a) 
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.
(b) 
No person, without authority from the building official, shall remove such sign.
(c) 
No person shall occupy an open and vacant structure on which such sign has been placed.
(1977 Code, sec. 6-192)