In this article:
Approved
means complying with all applicable federal, state and local
laws, regulations and ordinances. In the absence of such laws, regulations
or ordinances, “approved” shall mean in conformance with
applicable nationally recognized standards or specifications.
Approved repairs
means such repairs as may be necessary to attain compliance
with the requirements of this Code, performed in a good and workmanlike
manner, and done in accordance with generally accepted standards and
by using materials and methods commonly used by persons engaged in
the making of such repairs in a professional manner.
Board
means the Building and Standards Commission, known as the Property Standards Board, as established under section
32.25.
City
shall mean the City of Garland, acting through its City Manager
or his designee.
Clean
means free from dirt, impurities or multiple stains; hygienic
conditions and practices that serve to promote or preserve health.
Communicable disease
means an illness that occurs through the transmission of
an infectious agent or its toxic products from a reservoir to a susceptible
host, either directly, as from an infected person or animal, or indirectly
through an intermediate plant or animal host, a vector, or the inanimate
environment.
Comprehensive premises inspection
means the inspection of all dwelling units, laundries, storage
rooms, club houses, meeting rooms, offices, building exteriors, swimming
pools and grounds of a multifamily dwelling.
Dwelling unit
means a building or structure designed or occupied as a residence
for humans.
Easily cleanable
means surfaces that are readily accessible, and made of such
materials and finishes and so fabricated that residue may be effectively
removed by normal cleaning methods.
Equipment
means any items used in connection with the operation of
a lodging establishment including but not limited to any washer, dryer,
ice machine, fans, air-conditioning units, heaters, refrigerators,
or cooking units.
Excessive
means more than a usual, multiple or an unreasonable number.
Extended stay
means guests that stay for a week or longer in length.
Fixtures
means any sinks, bathtubs, showers, toilet fixtures, or any
other such items used in connection with the operation of a lodging
establishment.
Furnishings
means any bedding, furniture, lamps, carpeting, floor coverings,
wall coverings, ceiling tiles, or similar items furnished or used
in connection with the operation of a lodging establishment.
Guest
means any person who occupies a guest room in a lodging establishment.
Habitable
means the space, floor area or room in a dwelling unit used
for living, sleeping, cooking and eating but excludes bathrooms, laundry
rooms, pantries, closets and other storage space, foyers, hallways
and utility rooms.
Hot water
means water heated to a temperature of at least 110 degrees
Fahrenheit measured at the faucet outlet.
Improper
means not approved, inadequate, deteriorated, defective,
insufficient or not in operating condition.
Linens
means the sheets, top sheets, and pillow covers for a bed,
excluding coverlets and comforters.
Lodging establishment
means any building, complex of buildings, trailer, or any
other facility in which the public may, for a consideration, obtain
sleeping accommodations. The term includes hotels, motels, tourist
homes, houses or courts, lodging houses, cabins, inns, rooming houses,
trailer houses, trailer motels, dormitories where bed space is rented,
apartments not occupied by permanent residents, short-term rentals,
and all other facilities where rooms or sleeping facilities or space
are furnished for consideration. The term “hotel” does
not include hospitals, sanitariums, nursing homes, jails, prisons
or detention centers, dormitories or housing facilities of the type
described in section 156.001(2) of the Texas Tax Code or an oilfield
portable unit, as defined by section 152.001 of the Texas Tax Code.
For purposes of this article, the term “lodging establishment”
does not include a short-term rental if the premises are occupied
by the owner as the primary, permanent residence of the owner and
the premises are not used as a short-term rental for more than five
days consecutive days in any 30 day period, or for more than 30 days
in any calendar year. The term “lodging establishment”
does not include a residence or portion of a residence rented to a
member of the resident’s family.
Lodging room
means any room where sleeping accommodations are regularly
offered to the public.
Owner
means subject to the provisions of section
10.05(C) of this Code, a person in whom is vested the ownership or title of 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 years or more;
(4)
After the third year of the buyer’s
occupancy, the buyer in a contract for deed;
(5)
A mortgagee, receiver, executor,
or trustee in control of real property; and
(6)
The named grantee in the last recorded
deed; but not including the holder of a leasehold estate or tenancy
for an initial term of less than five years.
Premises
means a lot, tract or parcel of real property, or portion
thereof, including any buildings and structures on the land in a residential
or nonresidential zone.
Property manager
means a person who, for any form of consideration, has managing
control of a premises.
Required
means mandated by federal, state or local law, regulation
or ordinance or necessary in order to place into operating condition.
Short-term rentals
means a land use located within a residential zoning district
or within 200 feet of a residential zoning district, which has been
(1) advertised as available for rent, lease, license, or use for a
period of less than 30 calendar days; or (2) rented, leased, or licensed
to a person other than an owner, for a period of less than 30 calendar
days.
Single service articles or utensils
means cups, containers, ice bucket liners, stirrers, paddles,
straws, napkins, doilies, wrapping materials and similar articles
intended to be used one time and then discarded.
Violation categories
are defined as follows:
(1)
Life safety violation.
A violation of the nuisance code, health code, Fire Code,
or Building Code that represents an imminent threat of death or injury
to persons on the premises of a single-family or multifamily dwelling.
(2)
Critical violation.
A minimum housing standard violation or a health code violation
that is capable of causing or contributing to injury or illness of
occupants.
(3)
Noncritical violation.
A minimum housing standard or minor health code violation
that:
(a)
Represents defects, damage, or deterioration
in or on a structure; or
(b)
Creates a decrease in general sanitation
or hygiene.
(
Ordinance 4594,
sec. 1, adopted 5/19/92;
Ordinance 5895, sec. 1, adopted 4/19/05;
Ordinance 6126, secs. 1–3,
adopted 5/1/07;
Ordinance 6671, sec. 1, adopted 1/21/14;
Ordinance 6740, sec. 3, adopted 10/6/14;
Ordinance 7054, secs. 2–3,
adopted 5/7/19;
Ordinance 7403 adopted 2/21/2023)
A premises is substandard under this
article if any one or more, in any combination, of the following conditions
exists on the premises:
(1) Inadequate sanitation.
(a)
Lack of a bathroom or the existence
of an improper bathroom.
(b)
Lack of or an improper kitchen.
(c)
Lack of hot and cold running water
to plumbing fixtures.
(d)
Lack of or improper required heating,
mechanical ventilation or electric facilities.
(e)
Lack of required amounts of natural
light and ventilation.
(f)
Lack of or improper space or floor
area.
(g)
Lack of required electrical lighting.
(h)
Dampness of habitable space.
(i)
Infestation of insects, vermin or
rodents.
(j)
The existence of dead trees, tree
limbs, holes, excavations or other conditions reasonably capable of
causing injury to a person.
(k)
Lack of or improper connection to
required sewage disposal.
(l)
Lack of or improper garbage and rubbish
storage and removal facilities.
(m)
Lack of or improper drainage so as
to prevent standing or stagnant water on the premises.
(2) Structural hazards.
(b)
Improper flooring or floor supports.
(c)
Flooring or floor supports of insufficient
size to carry imposed loads safely.
(d)
Members of walls, partitions or other
vertical supports that split, lean, list, or buckle due to defective
material, deterioration, or improper construction.
(e)
Members of walls, partitions or other
vertical supports that are insufficient size to carry imposed loads
safely.
(f)
Members of ceilings, roofs, ceiling
and roof supports or other horizontal members which sag, split or
buckle due to defective material, deterioration, or improper construction.
(g)
Members of ceilings, roofs, ceiling
and roof supports or other horizontal members that are of insufficient
size to carry imposed loads with safety.
(h)
Fireplaces or chimneys which list,
bulge or settle due to defective material, deterioration, or improper
construction.
(i)
Fireplaces or chimneys which are
of insufficient size or strength to carry imposed loads safely.
(j)
Lack of or improper required railings,
stairs, steps and balconies.
(3) Faulty or insufficient smoke detectors.
(a)
Each dwelling unit within a multifamily dwelling, and each single-family residential dwelling regulated under section
32.09 shall be equipped with at least one smoke alarm on each floor of the dwelling unit or single-family residential dwelling and within each sleeping room. In addition, if multiple sleeping rooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the sleeping rooms. Unless otherwise required by the Building Code applicable at the time of construction, a smoke alarm may be either battery-operated or hard-wired.
(b)
All required smoke alarms shall be
maintained in proper working order. It shall be unlawful for any person
including, without limitation, an occupant of a dwelling, to render
a smoke alarm inoperable by removal of the batteries or other source
of power for the smoke alarm except during battery replacement or
repairs to the smoke alarm.
(c)
A lodging establishment shall be
equipped with smoke detectors as required by chapter 792, Texas Health
and Safety Code.
(4) Improperly maintained roofs.
Roofs shall be maintained in good condition
to prevent buckling, rotting, curling or other defects. In the event
that an improperly maintained roof is found to be failing, the City
may require the repair or replacement of the roof to prevent consequential
damage to the structure. Roof replacement materials, if not replaced
on the entirety of the surface, shall be of similar material and color
as the existing roof. Roof defects, when accompanied by other minimum
housing violations, shall establish grounds for an interior inspection
of the dwelling to determine failure of the roof and the existence
of other deficiencies related thereto.
(5) Hazardous wiring.
Any wiring except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained
in operating condition.
(6) Hazardous plumbing.
Any plumbing except that which conformed
with all applicable laws in effect at the time of installation, which
has been maintained in operating condition and which is free of cross-connections
or siphonage between fixtures.
(7) Hazardous mechanical equipment.
Any mechanical equipment, including
vents, except that which conformed with all applicable laws in effect
at the time of installation and which has been maintained in operating
condition.
(8) Faulty weather protection.
(a)
Improper, crumbling or loose plaster
or wall coverings.
(b)
Lack of or improper waterproofing
of exterior walls, roof, foundations or floors, including broken windows
and doors.
(c)
Lack of or improper weather protection
for exterior wall coverings including lack of paint, or weathering
due to lack of paint or other approved protective covering.
(d)
Lack of or improper exterior wall
coverings or roof coverings.
(9) Inadequate exits.
Any building, or portion thereof, not provided with
adequate exit facilities as required by this article, except, those
buildings or portions thereof whose exit facilities conformed with
all applicable laws at the time of construction. When an unsafe condition
exists due to improper location of exits, additional exits may be
required to be installed.
(10)
Improper occupancy.
Any building, or portion thereof, occupied
for living, sleeping, cooking or dining purposes which was not designed
or intended to be used for such occupancies.
(11)
Unsecured buildings.
Any building that is vacant and open. A
building is open if any door, window or other opening is not securely
closed to prevent unauthorized entry.
(12) The International Property Maintenance Code as referenced and adopted by reference in section
30.270 shall apply to all existing nonresidential structures and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
(
Ordinance 4594,
sec. 1, adopted 5/19/92;
Ordinance 5895, sec. 1, adopted 4/19/05;
Ordinance 6126, secs. 5, 6 adopted 5/1/07;
Ordinance
6534, sec. 10, adopted 4/3/12;
Ordinance 6671, sec. 2,
adopted 1/21/14;
Ordinance 6740, sec. 7, adopted 10/6/14)
The board shall have jurisdiction
to:
(1) Hear and determine cases concerning alleged
violations of ordinances:
(a)
For the preservation of public safety,
relating to the materials or methods used to construct a premises
or improvement, including the foundation, structural elements, electrical
wiring apparatus, plumbing and fixtures, entrances, or exits;
(b)
Relating to the fire safety of a
premises or improvement; including provisions relating to materials,
types of construction design, warning devices, sprinklers or other
fire suppression devices, availability of water supply for extinguishing
fires, or location, design, or width of entrances or exits;
(c)
Relating to dangerously damaged or
deteriorated premises or improvements; or
(d)
Relating to conditions caused by
accumulations of refuse, vegetation, or other matter that creates
breeding and living places for insects and rodents.
(2) Require the vacation, relocation of occupants,
securing, repair, removal or demolition of a premises that is dilapidated,
substandard, or unfit for human occupancy and which is a hazard to
the public health, safety and welfare;
(3) Grant or deny relief under section
32.56 of this Code; and
(4) Exercise such other powers and authority
conferred upon the board by law or ordinance.
(
Ordinance 4594,
sec. 1, adopted 5/19/92;
Ordinance 5895, sec. 1, adopted 4/19/05;
Ordinance 6583, sec. 2, adopted 12/4/12;
Ordinance 6740, sec. 14, adopted 10/6/14)
The board shall have jurisdiction
to:
(1) Order the repair, within a fixed period,
of a premises, or portion thereof, found to be in violation of an
ordinance;
(2) Declare a premises, or portion thereof,
substandard in accordance with the powers granted by this article;
(3) Order, in an appropriate case, the immediate
removal of persons or property found on private property, enter on
private property to secure the removal if it is determined that conditions
exist on the property that constitute a violation of an ordinance,
and order action to be taken as necessary to remedy, alleviate, or
remove any substandard condition found to exist on a premises;
(4) Issue orders or directives to any peace
officer of the state, including a sheriff or constable or the Director
of Police Services of the City, to enforce and carry out the lawful
orders or directives of the commission; and
(5) Determine the amount and duration of a
civil penalty not to exceed one thousand dollars ($1,000.00) a day
for a violation of an ordinance for a commercial or multifamily property
and one hundred dollars ($100.00) a day for a violation of an ordinance
for a residential property. In assessing a civil penalty the board
shall consider the severity of the violations present, the history
of compliance of the property or the owner and the efforts taken,
if any, to correct the violations.
(
Ordinance 4594,
sec. 1, adopted 5/19/92;
Ordinance 5895, sec. 1, adopted 4/19/05;
Ordinance 6740, sec. 15, adopted 10/6/14)
An order of the board is final upon
execution of the order by the chairperson (or a member acting in the
absence of the chairperson). A person aggrieved by a decision of the
board may appeal that decision to a district court in accordance with
the provisions of section 54.039 of the Texas Local Government Code.
(Ordinance 4594,
sec. 1, adopted 5/19/92; Ordinance 5472, sec. 1, adopted 6/6/00; Ordinance 5895, sec. 1, adopted 4/19/05)