(Ord. No. B-795-10, § 1(14-80), 9-7-2010)
The purpose of this article is to create a crime prevention
program designed to reduce crime, drugs, gangs, and gang activity
at apartment properties within the city.
(Ord. No. B-795-10, § 1(14-81), 9-7-2010)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
APARTMENT
A multi-family residential rental property containing ten
or more separate living units designed for residential occupancy.
MANAGER
The owner, or the person appointed or hired by the owner,
to be responsible for the daily operation of an apartment.
OWNER
The person(s) who holds title to an apartment.
PERSON
An individual, corporation, partnership or other legal entity.
POLICE OFFICIAL
The chief of police or such other person as he may designate
to act as the official primarily responsible for the administration
of this article or the said official's designees.
REGISTERED AGENT
The person identified by the owner of an apartment in the
registration filed pursuant to this article authorized to receive
any legal process and/or notice required or provided for in this article
on behalf of the owner.
(Ord. No. B-795-10, § 1(14-82), 9-7-2010)
(a) It
shall be unlawful for any person to operate an apartment in the city
without first registering the ownership of such property as required
by this section. No fee shall be charged for the registration required
by this section.
(b) The
owner of an apartment shall provide or cause to be provided to the
police official the following information regarding such property:
(1) The name of the owner and, if the owner is a corporation, whether
foreign or domestic, the registered agent of the owner and the residential
or business address of the owner and registered agent, if any, which
address information shall include the street name and number, office
or suite number if a business address, and the city, state, and zip
code;
(2) The nature and extent of the owner's interest in the property. If
there is only one owner, the extent of the owner's interest is 100
percent; and
(3) The name and business or residence address, including street name
and number, city, state and zip code, of the current manager or management
company of the apartment and, if the manager is other than an individual,
the name, title, business address, including street name and number,
city, state and zip code, of the individual to be contacted for any
purpose under this article relating to the apartment.
(c) The
use of a public or private post office box or other similar address
shall not be sufficient for the purposes of complying with this section.
(d) Any change of management or ownership of an apartment, including, but not limited to, the sale of the property or any ownership interest therein, shall require the purchaser or transferee to update the information provided under subsection
(b) of this section and to file such updated information with the police official within 30 days of the effective date of such ownership change. A prior owner may advise the police official that he no longer holds any ownership interest in the property. The same requirement shall apply to any change relating to the owner's registered agent and manager or management company.
(e) The
owner of a newly constructed apartment shall comply with the provisions
of this section not later than the 30th day following completion of
construction.
(f) A true
and correct copy of the registration statement shall be posted at
all times in the business office at the property or, if no business
office is maintained at the property, in a common area or other conspicuous
place accessible at all times to the tenants of such property.
(g) A failure
to comply with the requirements of this section shall constitute an
offense under this article.
(h) Compliance
with the requirements of this section shall be deemed to meet the
requirements of V.T.C.A., Local Government Code §§ 250.003
and 250.004.
(Ord. No. B-795-10, § 1(14-83), 9-7-2010)
(a) Manager's
license required.
Each manager shall attended an eight-hour
crime free multi-housing class provided by the police official. There
shall be no charge for the class. Upon completion of this class, the
police official shall issue to the manager a manager's crime free
multi-housing license (manager's license). This manager's license
will not expire and is good for the life of the manager.
(b) Time
for obtaining license.
(1) Existing apartments.
Managers of apartments in operation
on the effective date of this article shall obtain said license within
90 days of the [article's] effective date.
(2) New apartments.
Managers of apartments constructed after
the effective date of this article shall obtain a manager's license
within 90 days of the date on which a certificate of occupancy is
issued.
(3) Change in manager.
Should the manager of any apartment
change, the new manager will have 90 days from the date on which his/her
management of the apartment began to obtain said license.
(Ord. No. B-795-10, § 1(14-84), 9-7-2010)
(a) Level
1 certification.
Upon completion of the requirements set out in section
14-553 and the manager voluntarily agreeing to include a crime free lease addendum (attachment A hereto), the police official shall issue to the apartment a crime free multi-housing level 1 certificate. The crime free lease addendum shall authorize the apartment manager to immediately terminate a lease if the resident, resident's guests, or resident's invitees engage in specified criminal activity at the apartment.
(b) Level
2 certification.
The police official shall issue to the
apartment a crime free multi-housing level 2 certificate upon:
(1) Completion of the level 1 certification requirements set out in subsection
(a) of this section; and
(2) Passing a crime prevention through environmental design survey approved
by the police official.
(c) Level
3 certification.
The police official shall issue to the
apartment a crime free multi-housing level 3 gold certificate upon:
(1) Completion of the level 2 certification requirements in subsection
(b) of this section; and
(2) The manager of the apartment hosting an annual crime prevention themed
social event for residents at the apartment.
(d) Certificate
expiration.
Certifications shall expire after two years.
(e) Unlawful
display prohibited.
Certificates issued by the police
official may be displayed at the apartment. It shall be unlawful for
any apartment to display a certificate issued under this section if
said apartment has not met the requirements of this section.
Editor's note—Attachment A, crime free lease addendum,
is on file in the office of the city secretary.
(Ord. No. B-795-10, § 1(14-85), 9-7-2010)
Any person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this article, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in pursuant to the penalties outlined in section
1-14 of this Code. Each day of violation shall constitute a separate offense.