In this article:
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.
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.
means the Building and Standards Commission, known as the Property Standards Board, as established under section 32.25.
shall mean the City of Garland, acting through its City Manager
or his designee.
means free from dirt, impurities or multiple stains; hygienic
conditions and practices that serve to promote or preserve health.
means no less than 68 degrees Fahrenheit and no more than
81 degrees Fahrenheit.
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.
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.
means a building or structure designed or occupied as a residence
for humans.
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.
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.
means more than a usual, multiple or an unreasonable number.
means guests that stay for a week or longer in length.
means any sinks, bathtubs, showers, toilet fixtures, or any
other such items used in connection with the operation of a lodging
establishment.
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.
means any person who occupies a guest room in a lodging establishment.
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.
means water heated to a temperature of at least 110 degrees
Fahrenheit measured at the faucet outlet.
means not approved, inadequate, deteriorated, defective,
insufficient or not in operating condition.
means the sheets, top sheets, and pillow covers for a bed,
excluding coverlets and comforters.
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.
means any room where sleeping accommodations are regularly
offered to the public.
means a building or buildings containing three or more dwelling
units.
means free of leaks, safe, sanitary and in good working order.
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:
The 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;
After the third year of the buyer’s occupancy, the buyer
in a contract for deed;
A mortgagee, receiver, executor, or trustee in control of real
property; and
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.
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.
means a person who, for any form of consideration, has managing
control of a premises.
means mandated by federal, state or local law, regulation
or ordinance or necessary in order to place into operating condition.
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.
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.
are defined as follows:
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.
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.
Noncritical violation.
A minimum housing standard or minor health code violation
that:
(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)
The
owner of a premises that is substandard commits an offense. The occupant
of a substandard premises commits an offense if the occupant causes
or has caused the premises to be substandard.
(B)
It shall
be a violation for an owner or occupant of a premises or multifamily
dwelling to occupy, or allow the occupation of, any structure or building
that has been placarded as substandard by the City.
(C)
Unless
otherwise specified in this article, no culpable mental state is required
for the commission of an offense under this article.
(D)
In addition
to imposing a criminal penalty, the City shall have the power to enforce
any provision of this article and any applicable provision of this
Code under the provisions of subchapters B and C of chapter 54 of
the Texas Local Government Code. No enforcement remedy shall be exclusive
of any other remedy the City may have under state law or City ordinances.
(E)
Whenever a routine inspection is made for an alleged violation at a premises or multifamily dwelling, the findings shall be recorded on a form approved by the City. The owner or property manager or other person in charge of the property shall be provided a copy of the inspection report, either in person or by mail. Notice of the alleged violations has been given to an owner when a copy of the inspection report: (1) is delivered in person to any owner, manager, or person in charge of the property; or (2) two days after the copy of the inspection report is deposited with the US Postal Service, addressed to any owner, manager, or person in charge of the property, with proper postage affixed. The inspection report may establish violation categories as defined in section 32.01, which shall be corrected within a time as established in subsection (F). The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(F)
A violation listed in a notice of violation issued under subsection (E) shall be corrected in accordance with the time specified in the notice of violation, subject to the following:
(G)
All
of the provisions [of] articles I and II of this chapter shall apply
to nonresidential premises with the exception of:
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, sec. 4, adopted 5/1/07; Ordinance 6740, secs. 4–6,
adopted 10/6/14)
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.
(a)
Improper
foundations.
(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)
(A)
Room,
space and floor area.
(1)
Ceiling heights.
(a)
Habitable space shall have a ceiling height of not less than seven
(7) feet except as otherwise permitted in this section. Kitchens,
halls, bathrooms and toilet compartments shall have a ceiling height
of not less than seven (7) feet measured to the lowest projection
from the ceiling. Where exposed beam ceiling members are spaced at
less than forty-eight (48) inches on center, ceiling height shall
be measured to the bottom of those members. Where exposed beam ceiling
members are spaced at forty-eight (48) inches or more on center, ceiling
height shall be measured to the bottom of the deck supported by those
members provided that the bottom of the members is not less than seven
(7) feet above the floor.
(b)
In a room with a sloping ceiling, the prescribed ceiling height for
the room is required in only one-half the area thereof. No portion
of a room measuring less than five (5) feet from the finished floor
to the finished ceiling shall be included in any computation of the
minimum area thereof. In a room with furred ceiling, the prescribed
ceiling height is required in two-thirds of the area thereof, but
in no case shall the height of the furred ceiling be less than seven
(7) feet.
(2)
Floor area.
(a)
Floor area.
Every dwelling unit shall have at least
150 square feet of habitable floor area for the first occupant and
100 square feet of habitable floor area for each additional occupant.
Except for kitchens, habitable rooms shall have an area of not less
than 70 square feet. Where more than two persons occupy a room used
for sleeping purposes the required floor area of 70 square feet shall
be increased at the rate of fifty square feet for each occupant in
excess of two.
(b)
Nothing in this subsection shall prohibit the use of an efficiency
living unit within a multifamily dwelling that meets the following
requirements:
(i)
The unit shall have a living room of not less than two hundred twenty
(220) square feet of habitable floor area. An additional one hundred
(100) square feet of floor area shall be provided for each occupant
of such unit in excess of two (2).
(ii)
The unit shall be provided with a separate closet.
(iii)
The unit shall be provided with a kitchen sink, cooking appliances
and refrigeration facilities each having a clear working space of
not less than thirty (30) inches in front.
(iv)
The unit shall be provided with a separate bathroom containing
a water closet, lavatory and bathtub or shower.
(3)
Width.
No habitable room other than a kitchen shall
be less than seven (7) feet in dimension. Each water closet stool
shall be located in a clear space not less than thirty (30) inches
in width. A clear space in front of the water closet stool of not
less than twenty-four (24) inches shall be provided.
(4)
Capacity.
A dwelling unit shall not be occupied by more
than three persons who are unrelated to the first person listed on
the deed as the owner (or first signatory on the lease if the property
is leased) by blood, adoption or marriage, with the exception of:
(B)
Light
and ventilation.
(1)
Natural light and ventilation.
All habitable rooms within
a dwelling unit shall be provided with natural light by means of exterior
glazed openings with an area not less than the greater of one-tenth
of the floor area of such room or ten (10) square feet. All bathrooms,
water closet compartments, laundry rooms and similar rooms shall be
provided with natural ventilation by means of operable exterior openings
with an area not less than the greater of one-twentieth of the floor
area of such room or one and one-half (1-1/2) square feet. All habitable
rooms within a dwelling unit shall be provided with natural ventilation
by means of operable exterior openings with an area of not less than
the greater of one-twentieth of the floor area of such room or five
(5) square feet.
(2)
Origin of light and ventilation.
Required exterior openings
for natural light and ventilation shall open directly onto a street
or public alley or a yard or court located on the same lot as the
building or when allowed by other law. Required exterior openings
may open into a roofed porch where the porch:
(a)
Abuts a street, yard or court;
(b)
Has a ceiling height of not less than seven (7) feet; and
(c)
Has a longer side at least sixty-five (65) percent open and unobstructed.
A required exterior opening in a room may open into a vent shaft
which is open and unobstructed to the sky and not less than (4) feet
in least dimension. No vent shaft shall extend through more than two
(2) stories.
|
For the purpose of determining light and ventilation requirements,
any room may be considered as a portion of an adjoining room when
one-half of the area of the common wall is open and unobstructed and
provides an opening of not less than one-tenth of the floor area on
the interior room or twenty-five (25) square feet, whichever is greater.
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(3)
Mechanical ventilation.
In lieu of required exterior
openings for natural ventilation, a mechanical ventilation system
may be provided. Such system shall be capable of providing two (2)
air changes per hour in all habitable rooms and in public corridors.
One-fifth of the air supply shall be taken from outside. In bathrooms,
water closet compartments, laundry rooms and similar rooms, a mechanical
ventilation system shall be connected directly to the outside and
shall be capable of providing five (5) air changes per hour.
(4)
Hallways.
All public hallways, stairs and other exit
ways shall be adequately lighted at all times in accordance with the
requirements of the Building Code.
(C)
Sanitation.
(1)
Dwelling units.
Every dwelling unit shall be provided
with a bathroom equipped with facilities consisting of a water closet,
lavatory and either a bathtub or shower.
(2)
Kitchen.
Every dwelling unit shall be provided with
a kitchen and kitchen sink. Wooden sinks or sinks of similarly absorbent
material are prohibited.
(3)
Fixtures.
All plumbing fixtures shall be connected to
a sanitary sewer or to an approved private sewage disposal system.
All plumbing fixtures shall be connected to an approved system of
water supply and provided with hot and cold running water under adequate
pressure necessary for normal operation. All tubs, lavatories and
commodes shall be of an approved glazed earthenware type or of a similar
approved nonabsorbent material.
(4)
Room separations finish.
Every water closet, bathtub
or shower required by this article shall be installed in a room which
will afford privacy to the occupant. A room in which a water closet
is located shall be separated from food preparation or food storage
rooms. Every bathroom shall have an approved moisture-resistant finish
on the flooring or subflooring.
(5)
Floor coverings.
When in the opinion of the City, the
floor covering of a dwelling unit, which is leased or rented to a
party other than the owner, is in a condition that normal cleaning
will not reduce mold spore and bacterial concentrations to safe levels,
the floor covering shall be replaced with new floor covering which
conforms to the currently adopted version of the International Building
Code.
(D)
Mechanical
requirements.
(1)
Heating.
Every dwelling unit shall be provided with
approved heating facilities in operating condition capable of maintaining
a room temperature of seventy-one (71) degrees Fahrenheit at a point
three (3) feet above the floor in all habitable rooms.
(2)
Electrical power.
If electrical power is available,
the dwelling unit shall be connected to such electrical power. Every
habitable room shall contain at least two (2) supplied electrical
convenience outlets or one (1) convenience outlet and one (1) supplied
electrical light fixture. Every bathroom, laundry room, and public
hallway shall contain at least one (1) supplied electric light fixture.
Electric circuits and outlets shall be maintained in operating condition
and shall be sufficient to safely carry a load consistent with the
standards contained in the version of the National Electrical Code
most recently adopted by the City.
(3)
Water heaters.
All water heaters shall be installed
in accordance with the Plumbing Code and shall be provided with an
over-temperature safety device manufactured, listed and installed
in accordance with applicable nationally recognized safety standards
for such devices. Every water heater shall have a discharge line the
same diameter as the outlet and shall drain to the exterior of the
building. If it is not reasonably possible to drain the discharge
line to the exterior of the building, the line shall terminate not
less than six (6) inches nor more than eight (8) inches from the floor.
No water heater which depends upon direct combustion of fuel for heat
shall be installed in any room used for sleeping or in a bathroom,
nor in any closet or other confined space opening into a sleeping
room or bathroom. In buildings constructed prior to the adoption of
this section, the water heater may be installed in any location as
long as approved safety dividers or shields are properly in place
for the water heater and the installation does not create an additional
hazard.
(4)
Ventilation for fuel-burning devices.
Each heating and
cooking device that burns solid fuel shall be properly connected to
a chimney or flue. Chimney, flue and vent attachments shall be maintained
in operating condition.
(5)
Air conditioning.
(a)
Refrigerated air equipment shall be provided in any dwelling unit
or lodging room that is occupied by, rented or leased to a party other
than the owner and shall be maintained in operable condition and must
be capable of maintaining the inside of the dwelling unit or lodging
room at a comfortable temperature zone, not to exceed a maximum temperature
of 81 degrees Fahrenheit from May 1 through October 1.
(b)
It shall be an affirmative defense to this section if the outdoor
ambient temperature exceeds 101 degrees Fahrenheit and the indoor
ambient temperature can be maintained at no less than 20 degrees below
the outdoor ambient temperature.
(6)
Each
owner of a multifamily dwelling or lodging establishment which utilizes
a cooling tower as a functional portion of an HVAC system shall, at
the owner’s expense, perform annual testing of the cooling tower
for the presence of Legionella pneumophila. The testing shall be performed
by a third-party entity using analytical and collection procedures
approved by the City. In the event that the property owner cannot
provide a proper sampling technique, the property owner, on a form
provided for such use by the City, may request that the sample be
obtained and tested by the City Health Department and reimburse same
for incurred expenses. The owner shall provide the laboratory test
report to the City within 10 days of receipt for negative results
and within 48 hours of receipt for positive test results.
(7)
When,
in the opinion of the City, there is epidemiologic, microbiological,
or physical evidence of the presence of a bacterial or fungal pathogen
within the water supply, cooling tower(s), or HVAC system of a multifamily
dwelling, the owner shall, at the owner’s expense, utilize a
third-party testing entity and perform tests for human pathogens.
The owner shall test for any pathogens specified by the City utilizing
analytical procedures approved by the City. The owner shall provide
the original document of the test results to the City within 48 hours
of receipt by the owner.
(E)
Exits.
(1)
Every
dwelling unit shall have access directly to the outside or to a public
corridor.
(2)
Every
sleeping room below the fourth story shall have at least one operable
window or exterior door for emergency egress. The window or exterior
door shall be operable from inside the dwelling without the use of
tools or separate devices. All required egress windows and doors shall
have the following minimum dimensions:
(a)
(i)
A minimum net clear opening of five square feet on the first floor
and five and seven-tenths square feet on the second and higher floors;
(ii)
A minimum net clear opening height of twenty-four inches;
(iii)
A minimum net clear opening width of twenty inches; and
(iv)
If the required opening is a window, a finished sill height
of not more than forty-four inches above the floor; or
(b)
The minimum dimensions required by law applicable at the time the
dwelling was constructed.
(F)
Lodging
establishments.
All of the provisions of this section
apply to lodging establishments with the exception of subsections
(A)(2), (A)(4), (B)(1), (B)(2), and (C)(2). The following additional
standards shall apply to lodging establishments but do not apply to
single-family or multifamily dwellings unless required by another
provision of this Code:
(1)
Furnishings
shall be maintained in good condition and clean. Furnishings with
excessive wear, tears, or stains shall be replaced.
(2)
After
each occupancy, the guest room shall be vacuumed, the linens in the
guest room shall be replaced with clean linens, smooth surfaces on
all fixtures shall be cleaned and sanitized, and trash shall be removed
from the room. Glasses, pitchers, ice buckets, coffee pots, and eating
and cooking utensils (other than disposable, single-use utensils)
shall be cleaned and sanitized.
(3)
All
rooms, furnishings, and bedding shall be free from an accumulation
or infestation of insects or ectoparasites. If a lodging room becomes
infested with insects of any type, the room shall not be occupied
until the infestation is controlled. Lodging establishments shall,
at a minimum, perform monthly pest control for all lodging rooms,
or at more frequent intervals as required by the Director, in order
to prevent infestation. Records of pest control treatments shall be
made available for review on request by the Director.
(4)
Soap
shall be provided in every lodging room by means of dispensed liquid
or with new, individually wrapped bar soap. Used bar soap shall be
removed from the lodging room when the guest ends the occupancy. Other
toiletries provided by the lodging establishment which have been opened
by the guest shall be removed when the guest ends the occupancy. Used
soap and toiletries shall be discarded and shall not be used for any
other purpose. A dispensed liquid soap shall be provided in all common
and public bathrooms and toilets.
(5)
Single
service utensils and single service articles shall be replaced after
each occupancy when visibly damaged or evidence of tampering or contamination
exists.
(6)
Ice
provided to guests in any manner shall be produced only from potable
water. Ice machines shall be free from visible trash and sediment.
Ice shall not be made or stored in an owner’s or manager’s
private refrigerator or private living areas. Ice that is not produced
at the lodging establishment shall be obtained from an approved source
and shall be properly labeled and protected from contamination during
transportation and storage. Ice machines shall be of sanitary, durable,
corrosion-resistant, and easily cleanable construction. Ice machines
shall be kept sanitized and in good repair. Ice storage bins shall
be drained into an approved sewage system and must have a physical
air gap. When replacement of a self-service ice machine becomes necessary
or additional machines are added, an automatic self-serve ice dispensing
machine shall be installed instead. Ice machines shall be located
in a place that provides protection from the elements and possible
sources of contamination. Exterior ice machine locations shall have,
at a minimum, overhead protection. The area shall be kept clean and
shall be free of accumulation of excessive moisture, drippage, or
trash. An ice machine with a storage bin for ice shall be equipped
with an ice scoop that is attached to the ice bin with a tether of
easily cleanable material. The tether shall be of such a length to
prevent the scoop from touching the ground and shall be maintained
in a clean and sanitary condition.
(7)
Lodging
rooms shall be provided with clean linens for every bed in the room
and enough towels for at least two occupants. All linens, towels,
and laundry provided to a guest shall be provided in a clean, sanitary
condition without excessive stains or damage. During laundering, clean
linens, towels, and laundry shall be kept in separate carts and stored
away from soiled linens, towels, and laundry. Clean linens, towels,
and laundry shall be protected from dust, dirt, vermin, or other contamination.
(8)
Lodging
establishments with non-guest laundry facilities shall use the laundry
only for the washing and drying of linens, towels, uniforms, and aprons
necessary to the operation of the lodging establishment; other uses
of the laundry are prohibited. Laundry equipment such as washers and
dryers shall be of commercial-grade and shall be installed and used
according to manufacturer’s instructions and specifications.
Laundry facilities shall be separated from any other permanent living
quarters by complete partitioning and solid self-closing doors. Traffic
through or use by guests of a non-guest laundry facility is prohibited.
Laundry facilities for the use of guests, if provided, shall be located
separate from non-guest laundry facilities. Guest laundry facilities
shall be clean and maintained in good repair.
(9)
Lodging
establishments shall in general be kept in a clean and sanitary condition
and in good repair. Kitchen amenities in guestrooms with kitchens
or kitchenettes shall be properly maintained and in good working order.
(10)
The lodging establishment shall keep, for a period of no less than
ninety days, records of the cleaning frequency of rooms that are used
for extended guests stays. The records shall include information regarding
the last cleaning performed and any room damage or repairs.
(11)
No employee of a lodging establishment who is a carrier of or infected
with a communicable disease (as specified by the Health Authority),
or who is affected with a boil, an infected wound or an acute respiratory
infection, shall work in a lodging establishment in any capacity in
which there is a likelihood that the employee may transmit the disease
to other persons. Employees who work with or handle single service
items, such as clean laundry, ice or beverages or who perform tasks
that would contaminate their hands shall thoroughly wash their hands
and exposed areas of their arms before starting work, after smoking,
eating or using the toilet. Employees shall keep their fingernails
trimmed evenly and clean. Employees involved in guest services and
housekeeping functions shall wear clean clothing, in good repair.
When performing cleaning functions that could bring the employee into
contact with human waste or bodily fluids, the employee shall be provided
protective gloves for optional use.
(12)
Not more than ten percent of the lodging rooms in lodging establishment
may be used for storage purposes. At least ninety percent of the lodging
rooms in a lodging establishment shall be available for occupancy
or occupied by a guest.
(13)
A lodging room may not be occupied by more persons than allowed by section 21.01 (fire code) or section 30.01 (building code) which shall be calculated by taking into account the space taken up by luggage and other personal belongings of an occupant that are not stored in a closet, dresser or other building feature or furniture provided by the operator of the lodging establishment.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 4931, sec. 1, adopted 1/9/96; Ordinance 5094, sec. 2, adopted 7/15/97; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, secs. 7–9, adopted 5/1/07; Ordinance 6327, secs. 1, 2, adopted 7/7/09; Ordinance 6671, secs. 3–5,
adopted 1/21/14)
(A)
An owner
of a premises remains liable for violations of this article even though
an occupant of those premises is responsible for the premises and
regardless of any agreement between the owner and another that imposes
or attempts to delegate responsibility for the premises to the other.
(C)
Approved
repairs.
All corrections of the Minimum Property Code
standard violations and health hazards shall be completed using approved
repairs.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 8, adopted 10/6/14)
(A)
The
City may initiate termination of utility services, or a hold on reconnecting
or reinstating utility services that have been terminated, as the
case may be, to or for a dwelling unit or premises that is substandard,
or unfit for human occupation by certifying, in writing, that the
dwelling unit or premises is substandard or unfit for human occupation.
(B)
Upon
initiating a utility termination or hold, the City shall promptly
notify the owner by written notice. The owner may appeal the request
by serving the City with a written notice of appeal within (5) days
of receipt of notice.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 9, adopted 10/6/14)
(A)
License
required.
(1)
A person who rents or leases to another person three or more residential dwelling units that are part of a multifamily dwelling or who operates a lodging establishment must obtain and maintain a current and valid multifamily/lodging license issued in accordance with the provisions of this section. Notwithstanding anything contained in this section, the provisions of section 32.09 relating to single-family dwelling units shall apply to any person who rents a residential dwelling unit in a multifamily dwelling to another person in a number, at different locations, or under circumstances that make the provisions of this section inapplicable. A person commits an offense if the person operates or causes to be operated a multifamily dwelling or a lodging establishment without a valid multifamily/lodging license issued by the City under the provisions of this section.
(2)
Exception. A premises that is being used as a single-family or short-term rental shall be licensed under section 32.09 of the Code of Ordinances.
(3)
As
used in this section:
(a)
“Representative sample” means any number of dwelling
units at the multifamily dwelling or lodging establishment as determined
by the Director of Code Compliance based upon criteria such as, but
not limited to, the age of the dwelling units, buildings, and structures,
past inspection performance, and complaint history.
(b)
“Comprehensive inspection” means an interior and exterior
inspection of all of the dwelling units and non-dwelling buildings
and structures comprising a multifamily dwelling or lodging establishment,
including without limitation common areas, offices, storage rooms,
mail rooms, laundry facilities, and parking lots.
(c)
“Licensee” includes, unless the context clearly requires
the restrictive meaning, an applicant for a multifamily/lodging license
as well as the holder of a license.
(B)
Application
for license; required information and certifications.
An applicant for a license shall file with the City a written application,
on the form provided for that purpose, signed by the owner or an authorized
agent of the owner.
(1)
An
application for a license, whether an original or a renewal, must
be made to the Director of Code Compliance by the intended operator
of the multifamily dwelling or lodging establishment. A signed, completed
application form (which may, if allowed by the Director of Code Compliance,
be in electronic form and electronically signed) shall be filed with
the Director of Code Compliance. An unsigned or incomplete application
will not be processed. The application shall require, and the applicant
shall provide, the following information:
(a)
The full name of the owner (whether or not the owner intends to directly
operate the multifamily dwelling or lodging establishment) and the
full name of the property manager or other intended operator (if the
multifamily dwelling or lodging establishment will be operated by
a third-party).
(b)
The owner’s and the property manager’s or operator’s
(if any) street address, mailing address (if different), and telephone
number.
(c)
The trade name under which the multifamily dwelling or lodging establishment
is or will be operated.
(d)
The address of the premises on which the multifamily dwelling or
lodging establishment is or will be located.
(e)
The name, mailing address, and telephone number of a person who will
act as the applicant’s agent and liaison with the Director of
Code Compliance for matters relating to inspections of the premises
as required by this section, and to receive notices and other communications
provided in this article. The applicant shall provide a telephone
number at which a representative of the owner may be contacted at
any time in emergencies. Notices sent to the address provided shall
be considered as notice to the owner unless the owner provides new
information as required in this subsection to the Director of Code
Compliance.
(f)
For multifamily dwellings that contain individually-owned condominium
units that are managed by a homeowners association or third-party
property management company, the name, address, and telephone number
of the homeowners association or third party management company.
(2)
The
original application shall be accompanied by the following:
(a)
Payment in full, by certified check, cashier’s check, money
order or other same-day funds of the required license fee;
(b)
A statement under oath or certified under penalty of perjury attesting
to:
(i)
The assumed name of the multifamily dwelling or lodging establishment
it is operated under an assumed name;
(ii)
The current owner of the fee simple interest in the premises
on which the multifamily dwelling or lodging establishment is located;
and
(iii)
Such other information as required by the Director of Code Compliance
necessary to the enforcement of the provisions of this article.
(3)
Except
for new construction, the applicant shall submit evidence with the
application that the multifamily dwelling or lodging establishment
has been treated for insects, rodents, and vermin within the preceding
six (6) months by a person licensed under the Texas Structural Pest
Control Act.
(4)
The applicant shall acknowledge that, as a condition of obtaining and maintaining a valid multifamily/lodging license, an owner must comply with all applicable sections of article III (relating to nuisance abatement), article V (relating to noise control), and article VI (relating to public and semipublic swimming pools) of chapter 22 of this Code and that the provisions of chapter 22 and this chapter that are applicable to dwelling units of a multifamily dwelling or lodging establishment apply equally to related non-dwelling structures of a premises, including but not limited to offices, storage rooms, laundry facilities, club houses, and swimming pool-related buildings.
(5)
The applicant shall certify that each multifamily or lodging dwelling unit for which the application is submitted is equipped, in accordance with the provisions of section 32.03(3), with properly working smoke alarms and, if the premises are equipped with a cooling tower for air conditioning, a certification of testing for the presence of Legionella pneumophila as required by section 32.04(D)(6); and
(C)
Application
deadline; term.
(1)
Applications
for a multifamily/lodging license are due by January 1 of each calendar
year.
(2)
A
multifamily/lodging license is valid from the effective date stated
on the issued license until December 31, unless sooner revoked or
issued as a provisional license to a new owner under the provisions
of subsection (G)(4)(c).
(D)
Posting
required; nontransferable; new license required on transfer.
(1)
A
license issued pursuant to this section shall be posted and displayed
in the multifamily dwelling or lodging establishment office or a conspicuous
place to which occupants have access. A replacement license may be
issued for one lost, destroyed, or mutilated upon application on the
form provided by the City. A replacement license shall have the word
“replacement” stamped across the face and shall bear the
same number as the one it replaces.
(2)
A
multifamily dwelling or lodging establishment license is not assignable
or transferable.
(3)
A
new license must be obtained whenever there is a change in the ownership
of the premises on which the multifamily dwelling or lodging establishment
is located; a change in the management or operation of the premises
occurs; or when other changes affecting the material terms or information
contained in the application for the present license renders that
information materially inaccurate.
(E)
License
fees.
(1)
The annual permit fee for a multifamily license, including late and replacement fees, are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A late fee of 1/12th of the annual license fee is due for each month the payment of the annual fee is delinquent. The fee for a new license shall be prorated based on the date the application is submitted in relation to the number of calendar months remaining in the calendar year of application.
(2)
The annual permit fee for a lodging establishment, including late and replacement fees, are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A late fee of 1/12th of the annual license fee is due for each month the payment of the annual fee is delinquent.
(3)
Upon
a change in ownership of the multifamily dwelling or lodging establishment,
a new license shall be obtained within thirty (30) days of the change
with the fee charged on a prorated basis.
(F)
Inspections.
(1)
Application
for the issuance of a multifamily/lodging license constitutes consent
to inspection by the City of the multifamily dwelling or lodging establishment
and, subject to the rights of the occupants of a dwelling or lodging
room, the dwelling units and lodging rooms that comprise a multifamily
dwelling or lodging establishment, in order to determine compliance
with this Code. A licensee shall make all exteriors, all interior
and exterior public areas, and all vacant multifamily dwelling units
or lodging rooms available to City representatives at all reasonable
times for the purpose of making inspections to determine compliance
with this Code.
(2)
For
purposes of inspecting an occupied multifamily dwelling unit or lodging
room and unless otherwise authorized by consent, the Director and
the Director’s representatives are hereby designated and authorized
to obtain a search warrant or other order of a court.
(3)
No
less than annually, the City shall inspect the multifamily dwelling
or lodging establishment, including a representative sample of individual
dwelling units or lodging rooms comprising a multifamily dwelling
or lodging establishment. If an inspection reveals a violation, the
City shall provide the licensee with notice of each violation and
a demand for full compliance.
(4)
The City will thereafter conduct subsequent follow-up inspections to determine compliance. In the event that two or more reinspections are required for a noted violation before the violation is corrected, the property owner shall be charged a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, for the third and each subsequent reinspection for each dwelling unit in which a previously noted but uncorrected violation exists.
(G)
Unsatisfactory
performance on annual inspection.
(1)
If
the annual inspection of a representative sample of individual dwelling
units or lodging rooms reveals life safety or critical violations
totaling in number a sum that is greater than the number of dwelling
units or lodging rooms inspected, the licensee shall pay a surcharge
of half the amount of its standard annual fee for a multifamily/lodging
license in addition to the annual license fee at the time of the next
license renewal.
(2)
Upon
making a determination that a licensee is subject to a surcharge,
the Director of Code Compliance shall provide notice of the increased
renewal fee by certified mail, personal service, or courier-receipted
commercial delivery sent to the address noted on the licensee’s
application. The licensee may appeal an assessed surcharge to the
City Manager or a designated representative of the City Manager by
filing a written notice of appeal with the Director of Code Compliance.
The City Manager or a representative designated by the City Manager
shall render a decision on the appeal within five days of the date
of the hearing, which decision shall be final.
(3)
A
multifamily dwelling or lodging establishment operated by a licensee
that is required to pay a surcharge under subsection (G)(1) is subject
to a comprehensive inspection. Upon the completion of a comprehensive
inspection, the City shall provide the property owner with notice
of each violation and a demand for full compliance. Non-critical violations
shall be corrected within sixty days of the date of the notice of
violation. Life-safety and critical violations shall be corrected
within the time specified in the notice of violation. If a follow-up
inspection reveals the continuance of any violation after the applicable
period for compliance has passed, the City may order the licensee
to post a bond, letter of credit, or escrow deposit in the amount
of twenty percent the multifamily dwelling’s or lodging establishment’s
appraised value as appraised by the Dallas Central Appraisal District.
The licensee shall post the bond or other security within thirty days
after receipt of notice from the Director of Code Compliance. Any
funds obtained by the City under a bond, letter of credit, or escrow
account posted under this section shall be used only for the purpose
of reimbursing the City the costs associated with correcting uncorrected
violations at the multifamily dwelling or lodging establishment or
for demolishing buildings or structures that pose an imminent threat
to the life, safety or welfare of the occupants or the public. The
amount of any funds deposited shall not be part of the general fund.
(4)
The
bond or other posted security shall be maintained in the full amount
originally posted for not less than one year from the date of posting.
The City shall return or cancel the bond or other posted security
(or such portions as may remain at the time):
(a)
When the multifamily dwelling or lodging establishment becomes fully
compliant prior to the City’s intervention through usage of
the proceeds of the bond or other posted security;
(b)
If the property has not been cited with a life safety or critical
violation within eight months following the posting of the bond or
other security; or
(c)
When the property is sold to a new owner that is unaffiliated with
the current licensee; provided that:
(i)
A license issued to a new owner for a property that is subject to
the bond requirements of this subsection may be issued as a provisional
license only and shall be valid for a period not to exceed 120 days;
and
(ii)
The bond shall remain in full force and effect until an annual,
non-provisional license is issued for the property.
(H)
Revocation
of license.
A multifamily/lodging license may be revoked:
(1)
If
the licensee has repeatedly failed to comply with the requirements
of this chapter;
(2)
If
one or more dwelling units or lodging rooms covered under the license
have been substandard for more than sixty days following the delivery
of notice of violation;
(3)
If
the multifamily dwelling or lodging establishment covered under the
license represents an imminent threat to the life, health or safety
of any person;
(4)
If
the licensee has failed to post or maintain the bond or other security
as may be required by subsection (G)(3); or
(5)
The
licensee has failed to pay, after notice, a reinspection fee imposed
under subsection (F)(4).
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The Director of Code Compliance shall provide notice of revocation
by certified mail, personal service, or courier-receipted commercial
delivery sent to the address provided on the licensee’s application.
The licensee may appeal the revocation to the City Manager by filing
a written notice of appeal with the Director of Code Compliance within
ten days of delivery of the notice of revocation. The City Manager
or a designated representative of the City Manager shall provide an
opportunity for a hearing on the appeal, and shall render a decision
on the appeal within ten days of the date of the hearing. The decision
of the City Manager or the designated representative shall be final.
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(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5094, sec. 1, adopted 7/15/97; Ordinance 5503, sec. 2, adopted 9/19/00; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 5932, sec. 2, adopted 9/6/05; Ordinance 6260, sec. 16, adopted 9/2/08; Ordinance 6477, sec. 1, adopted 8/2/11; Ordinance 6485, sec. 4, adopted 9/6/11; Ordinance 6534, sec. 11, adopted 4/3/12; Ordinance 6671, sec. 6, adopted 1/21/14; Ordinance 7054, secs. 4–9, adopted 5/7/19; Ordinance 7363 adopted 9/6/2022; Ordinance 7403 adopted 2/21/2023)
(A)
The
City shall, by certified mail with electronic tracking, send to the
last known address of the owner, lessee and occupant of the structure,
notice of a hearing to consider:
(1)
Reduction
of occupancy load of a structure or portion of a structure that is
overcrowded; or
(2)
Vacation
of a premises or portion of a premises that is unsanitary or unsafe
and, therefore, presents a danger to the health, safety or and welfare
of occupants. In order to protect the health, safety and welfare of
the occupants of a substandard structure premises with readily apparent
structural hazards that constitute imminent danger, the City may order
the immediate vacation of the premises.
(B)
The
City may place or cause to be placed a placard on a premises or dwelling
that is unsanitary or unsafe, warning of its dangerous condition.
A person commits an offense if:
(1)
Without
authority from the City, the person removes or destroys a placard
placed by the City;
(2)
The
person occupies a vacant premises or dwelling unit on which the City
has placed a placard; or
(3)
As
owner of a premises, the person authorizes a person to occupy a vacant
premises on which the City has placed a placard.
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Prior to the removal of the placard, the owner or occupant of such premises shall contact the City and request an inspection. The respective fees for removal of the placard placed on single-family premises (including garages and accessory buildings) and each multifamily unit are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. Should the premises/unit fail a final inspection, the fee shall still apply and be collected again at the time the placard is finally removed. The fee shall be payable to the City.
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(C)
A public
hearing to consider reduction of occupancy load or vacation of a premises
shall be held before the board not less than ten (10) days after receipt
of notice by the owner, lessee and occupants or not less than five
(5) days after the notice is returned undelivered. A hearing may be
initiated by anyone having evidence of overcrowding and signing a
complaint form provided by the City. The complainant shall present
evidence of the overcrowded conditions of the premises and the owner,
lessee, or occupant may present evidence.
(D)
The
board shall order reduction of the occupancy load if it finds the
premises or dwelling unit is overcrowded or vacation of a premises
or dwelling unit if it finds the premises is dangerous to the health,
safety or welfare of its residents. Notice of the order to reduce
the occupancy load or to vacate shall be given to the occupants and
the owner. If any party is aggrieved by the decision of the board,
the person may appeal the decision to a district court within ten
(10) days, where the matter shall be tried on the basis of a substantial
evidence rule.
(E)
Each
occupant of a premises or dwelling unit that has been ordered vacated
shall vacate the structure premises or dwelling unit within a specified
time determined by the board. No person shall occupy a premises or
dwelling unit that has been ordered vacated. The occupants of a premises
or dwelling unit that has been ordered reduced in occupancy load shall
reduce the occupancy to the number ordered by and within the time
specified by the board.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 4711, sec. 4, adopted 9/21/93; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 10, adopted 10/6/14; Ordinance
7363 adopted 9/6/2022)
(A)
Permit
required.
Single-family rental permit required. No person
shall rent a single-family dwelling unit, or portion thereof, without
first obtaining a single-family rental permit issued under the provisions
of this section. It shall be unlawful to submit a false or fraudulent
application for a single-family rental permit. A person who rents
a single-family dwelling knowing that a single-family rental permit
has not been issued for that dwelling or who knows that the single-family
rental permit issued for that dwelling has been revoked commits an
offense each day the dwelling is occupied by a tenant.
(B)
Eligibility;
application; form.
An applicant for a single-family rental
permit shall not be eligible for a permit if the applicant has claimed
or received a homestead exemption on more than one residential property
in or outside of the state. An applicant for a single-family rental
permit shall file with the City a written application, on the form
provided for that purpose, signed by the owner (or the owner’s
authorized agent) of the single-family dwelling to be permitted. An
applicant who owns more than one single-family residential dwelling
shall file a separate application for each dwelling.
(C)
Form;
contents.
The application shall include:
(1)
The
name, physical street address, telephone number, and driver’s
license or other government-issued identification number of the owner,
and the name, street address, and telephone number of any property
manager of the property for which an application is being submitted;
(2)
If
the owner is other than an individual, the legal name, all trade names,
and the registered agent, managing partner, or other person authorized
to accept service of process on behalf of the owner;
(3)
A
statement as to whether the property will be used as short-term rental
facility;
(4)
A
statement as to whether the owner is using the property as the owner’s
principal residence;
(5)
A
statement as to whether the owner has claimed a homestead exemption
on the property;
(6)
A
statement as to whether the owner has claimed a homestead exemption
on another residence homestead in or outside of Texas; and
(7)
The
name and telephone number of the tenant or lessee that is responsible
for the dwelling, if available, at the time of application.
(D)
Agent
for service.
An applicant may designate on the application
an agent for service of process who shall be the authorized agent
for purposes of notice and other communications provided in this section.
If an owner designates an agent for service as provided in this subsection,
service of any notice under this Code on the designated agent shall
constitute service upon the owner unless the Director of Code compliance
receives actual notice from the owner that the designated agent is
no longer authorized to accept service on behalf of the owner.
(E)
Smoke
alarm and occupancy limits certification.
The applicant shall certify that the single-family dwelling for which the application is submitted is equipped with properly working smoke alarms in accordance with the provisions of section 32.03(3) and that the single-family dwelling will not violate the occupancy limits established by section 32.04.
(F)
Accessibility
of permit; replacement.
A single-family rental permit
issued pursuant to this section shall be maintained by the City, with
a copy provided to the permittee.
(G)
Permit
nonassignable; surrender.
A permit issued under this
section is not assignable or transferable. A permit is valid only
for the premises for which it is issued. It shall be unlawful for
any person to counterfeit, forge, change, deface, or alter a permit.
A permit may be canceled upon written request of the owner(s) and
surrender of the permit itself to the Director of Code compliance.
The surrender of a permit shall be effective immediately upon its
filing in the office of the director.
(H)
Inspection.
The premises for which the application is submitted or for which
a permit has been previously issued shall be inspected for compliance
with the provisions of the minimum housing standards contained in
this Code as follows:
(1)
Change in tenancy.
A single-family rental dwelling shall
be fully inspected each time there is a change in tenancy in the dwelling.
The applicant or permittee (if a permit has previously been issued
for the dwelling) may request that the inspection be conducted by
the City. Alternatively, the applicant or permittee may submit with
the application a certification of compliance. The certification of
compliance shall be signed by a person who holds a current and valid
license to perform real estate inspections issued by the state real
estate commission under the provisions of chapter 1102 of the Texas
Occupations Code. The person signing the certification of compliance
shall certify that the premises for which the application is being
made complies with the minimum housing standards contained in this
Code. The certification of compliance must be dated no more than 30
days before the date of the application. Nothing contained in this
section shall be construed to prohibit an inspection at the request
of a tenant.
(2)
Reinspection as necessary to determine compliance.
A
reinspection will not be necessary if the owner (or property manager)
submits sufficient proof to the City from which the City is able to
determine that all noted violations have been appropriately repaired.
Sufficient proof shall include an affidavit stating that the repairs
have been completed, a copy of the receipt for materials used in the
repair or a receipt for the work done to make the repair, and photographs
of the repair(s). No permit shall be issued, and no release of utilities
shall be given if, as a result of an inspection, it is determined
that the premises does not comply with the minimum housing standards
contained in this Code.
(3)
Release of utilities.
A release of utilities may be
provided upon application for utilities pending a change in tenancy
inspection under subsection (H)(1). A release for utility services
shall not be issued unless:
(a)
The inspection reveals that the premises contains no life safety
violations or critical violations; or
(b)
The City has been requested to inspect the premises and failed to
inspect the premises within two complete business days of the City’s
receipt of the request for inspection without good cause and through
no fault of the applicant.
(I)
Permit
term and fee.
(1)
Each
single-family rental permit issued under this section shall be valid
for one year from its date of issuance, unless suspended or revoked.
(J)
Short-term
rentals; temporary tenancies.
(1)
Short-term rentals. No person shall rent a single-family dwelling unit as a short-term rental, or portion thereof, without first obtaining a single-family rental permit issued under the provisions of this section. The owner, agent, or representative of a short-term rental, as defined in above section 32.01, may elect to be exempt from the provisions and requirements of subsection (H) “inspection,” and subsection (O) “certified rental properties” of this section 32.09. However, a single-family dwelling must be fully inspected by the City prior to a single-family permit being issued by the City for use as a short-term rental.
(2)
Temporary tenancies. It shall be an affirmative defense
to prosecution under subsection (A) that the single-family residential
dwelling was rented or leased for a period of less than sixty (60)
days to a person who was the immediate past owner of the dwelling
or who shall be the immediate next owner of the dwelling.
(K)
Suspension
of permit.
(1)
A single-family rental permit may be temporarily suspended by
the City:
(a)
If a life safety violation exists on the premises of the permitted
single-family dwelling;
(b)
If, after notice and a period of correction as provided by section 32.02(F), a critical violation remains on the premises of the permitted single-family dwelling;
(c)
If, after a change in tenancy, not including short-term rentals,
the City has not received a request for inspection or a certification
of compliance within 60 days of application for utilities;
(d)
If the Garland Police Department is requested by a member of the public, other than the owner, manager, organizer or sponsor of a short-term rental, to respond to the premises of the short-term rental more than three times within a 6-month period because of alleged prohibited conduct (as defined in Chapter 26, Article VI, of this Code) occurring on the premises and the responding officers determine that there is probable cause to believe prohibited conduct has occurred or is occurring; or
(2)
The City shall notify the holder of the permit in writing, stating
the reasons for which the permit is subject to suspension and stating
that the permit shall remain suspended until such time as the property
owner:
(3)
The compliance agreement shall, among other things, address
occupancy limits, parking, inspections, parties, prohibited hours
for outside activities, and any other violations that were the basis
for the suspension.
(L)
Reinstatement
of suspended permit.
A person whose permit has been suspended
may, at any time, make written application for a reinspection for
the purpose of reinstating the permit. Within ten (10) days following
receipt of a request, which shall include a statement signed by the
applicant that in the applicant’s opinion, all of the violations
that caused suspension of the permit have been corrected, the City
shall make a reinspection. Upon reinspection, if all life safety,
critical, and noncritical violations have been corrected, the permit
shall be reinstated.
(M)
Revocation
of permit.
A single-family rental permit may be permanently
revoked after the City has provided an opportunity for a hearing for
the following reasons:
(1)
For
serious or repeated violations of any of the requirements of this
article;
(2)
For
interference with the City or any of its agents in the performance
of their duties; or
(3)
Three or more criminal convictions for prohibited conduct, or offenses related to the operation of a short-term rental under Chapter 26, Article VI of this Code within a 12- month period.
Prior to revocation, the City shall notify the holder of the
permit in writing, stating the reasons for which the permit is subject
to revocation and stating that the permit shall be permanently revoked
at the end of ten (10) days from the service of such notice unless
a request for a hearing is filed with the City, by the permit holder,
within such ten-day period. A permit shall be suspended for cause
pending its revocation or a hearing relative thereto.
(N)
Hearings.
The hearings provided for in this section shall be conducted, at the option of the owner (or property manager), by either the Property Standards Board or a hearing officer appointed under the provisions under section 24.25 of this Code, at a time and place designated by the board or the hearing officer, as the case may be. Based on the record, the board or the hearing officer shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the City.
(O)
Certified
rental properties.
(1)
Notwithstanding
the provisions of subsection (H) and (I) of this section, a permit
for a single-family rental dwelling shall be issued for a period of
three (3) years, and the dwelling shall not be subject to reinspection
or re-certification even in the event of a change in tenancy during
that three-year term, if:
(2)
After
the three-year term of the initial permit, the dwelling shall not
be subject to reinspection or re-certification if no enforcement action
has been commenced during the previous permit period against the permit
holder or the permitted property for a violation of a provision of
this chapter that has resulted in one or more of the following:
(3)
Upon expiration of the permit period, if an enforcement action as described in subsection (2) has been taken against a certified property or the owner of a certified property, the property shall revert to an annual permit unless, upon inspection of the property and verification of compliance with this chapter, the Director determines that the public interest will be served by re-permitting the property as a certified property for a three year permit interval.
(P)
Termination of utilities.
(1)
The
City may terminate the utilities of a premises being operated as a
short-term rental after a revocation or suspension of the single-family
permit pursuant to above subsection (M).
(2)
In
the event the City terminates utilities pursuant to this subsection
(P), the utilities shall not be reinstated until:
(a)
Such time as the property owner prevails in an appeal of the termination
of utilities to the Property Standards Board; or
(b)
In the case of a suspension, such time as the property owner meets
with the Director of Code Enforcement, pays any and all outstanding
fees and fines, enters into a compliance agreement with the City,
and satisfies the terms and conditions of the compliance agreement.
(3)
The
compliance agreement shall, among other things, address the unlawful
use of the premises as a short-term rental and any other violations
that were the basis for the suspension.
(4)
A
premises shall no longer be eligible to be used as a short-term rental
if the City has terminated utilities of the premises pursuant to this
chapter and the Property Standards Board has not overturned the City’s
decision.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 4619, sec. 14, adopted 8/25/92; Ordinance 5334, sec. 1, adopted 2/16/99; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 5957, secs. 1–3, adopted 11/15/05; Ordinance 6127, sec. 1, adopted 5/1/07; Ordinance 6390, secs. 1–5,
adopted 4/6/10; Ordinance
6534, sec. 12, adopted 4/3/12; Ordinance 6740, sec. 11, adopted 10/6/14; Ordinance 7017, sec. 7, adopted 9/18/18; Ordinance 7363 adopted 9/6/2022; Ordinance 7403 adopted 2/21/2023)
(A)
Abandoned
Compliance,
Distressed
(1)
(2)
Evidence of vacancy
Neighborhood standards
Owner
Unaddressed violation
As used
in this section:
means a residential property that is vacant or for which
there is evidence of vacancy.
for purposes of this section, means maintaining the property
so as to be free of a violation of any provision of this chapter in
a manner consistent with neighborhood standards.
means a residential property:
That is under a current notice of default on a mortgage, deed
of trust, contract for sale, or similar financing security; a notice
of trustee’s sale; is the subject of a pending delinquent tax
sale; is the subject of a foreclosure sale where the title was retained
by the beneficiary of a deed of trust involved in the foreclosure;
or that has been transferred to another under a deed in lieu of foreclosure;
and
On which there have been two or more unaddressed violations
of article II of this chapter within a 12-month period.
means any condition that alone or combined with other conditions
present would lead a reasonable person to conclude that the property
is vacant. Such conditions include, but are not limited to, overgrown
or dead vegetation; the accumulation of newspapers, circulars, flyers,
door-hangers or mail; past due utility notices or disconnected utilities;
the accumulation of trash; the recurrent absence of household waste
on collection days for the neighborhood in which the property is located;
the absence of window coverings such as curtains, blinds or shutters;
the evident absence of furnishings and personal items consistent with
residential habitation; or statements by neighbors, delivery agents,
or others familiar with the property that the property is vacant.
means those conditions that are present on a simple majority
of properties within a 300-foot radius of the subject property. A
property that is the subject of a neighborhood standard comparison,
or any other abandoned, distressed property within the 300-foot radius,
shall not be counted toward the simple majority.
means any person, partnership, association, corporation or
fiduciary (including a beneficiary or a trustee under a mortgage or
deed of trust) having legal or equitable title in or to any real property.
means a violation that was corrected by or through the City
and that required the expenditure of City funds.
(B)
The
Director of Code compliance may order the owner of a property that
is abandoned and distressed to post a bond, letter of credit or escrow
deposit in the amount of $2,500.00 to secure future compliance for
the property. The owner shall post the bond or other security within
30 days after receipt of notice from the director. In the event the
amount of the bond or other security is reduced or depleted for the
purpose of bringing the property into compliance after the bond or
other security has been posted with the City, the owner shall, within
15 days after notice from the City, provide such additional sums to
the bond or other security so as to maintain the amount so secured
or posted at the minimum level of $2,500.00. Any funds obtained by
the City under a bond, letter of credit or escrow account posted under
this section shall be used only for the purpose of bringing the property
secured by the bond or other security into compliance and shall not
be part of the City’s general fund. If a property for which
a bond or other security is provided under this section either:
(1)
Has
not had an unaddressed violation within 12 months following the posting
of the bond or other security; or
(2)
Is
sold or occupied following the posting of the bond or other security;
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Then the person who posted the bond or other security shall
be entitled to the cancellation of the bond or letter of credit, or
a refund of the amounts then held for the property in the escrow account,
as the case may be.
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(C)
The
owner of an abandoned and distressed property shall place a sign on
the property as provided in this subsection containing the name and
24-hour contact phone number of a local property manager or other
person designated by the owner to be responsible for the property.
The sign shall be no less than 3 inches by 8 inches and shall contain
along with the name and 24-hour contact number the words “THIS
PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS
CALL” and the loan number, case number or other information
by which (in addition to the address) the owner identifies the property.
The sign shall be of a durable, weather-resistant material and shall
be secured to the front door of the building. The local property manager
or other responsible person shall inspect the property on a regular
basis to determine if the property is in compliance with the requirements
of this chapter.
(Ordinance 6251, sec. 1, adopted 8/19/08)
[1]
Editor’s note–The title of this division, formerly
“Housing Standards Board,” was renamed by Ordinance 6740,
sec. 12, adopted 10/6/14.
(A)
There
is hereby created a Building and Standards Commission which shall
be known as the “Property Standards Board.” All of the
duties, functions, and powers of the Property Standards Board previously
established are hereby vested in the board created in this section.
(B)
The
board shall consist of nine (9) members appointed by the City Council.
Members of the board shall serve for the term of two (2) years. Members
of the board shall annually elect a chairperson and a vice-chairperson.
(C)
Meetings
of the board shall be held at the call of the chairperson and at such
other times as determined by the board. The chairperson or, in the
absence of the chairperson, the vice-chairperson may administer oaths
and compel the attendance of witnesses.
(D)
The
board shall keep minutes of its proceedings showing the vote of each
member on each question. The minutes shall also show whether a member
was absent or failed to vote. The board shall also keep records of
its examinations and other official actions. The minutes and records
shall be filed immediately with the secretary of the board and shall
be public record. The board shall submit a summary of all action taken
by the board to the City Council on a quarterly basis.
(E)
All
cases before the board shall be heard by at least five (5) members.
The concurring vote of a majority of the members voting is necessary
to take action by the board.
(F)
The
City or the designated representative of the City shall present all
cases to the board.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5721, sec. 1, adopted 4/1/03; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 13, 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;
(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)
(A)
The
City may initiate a case before the board by filing a complaint with
the board. Any person desiring to initiate a case before the board
must file a case with the City on forms or in a format prescribed
by the City. The City shall then initiate a case if the City determines
that sufficient facts and evidence exist to proceed.
(B)
Notice
of all proceedings before the board must be given:
(1)
By
certified mail, return receipt requested, to the record owners of
the affected property, and each holder of a recorded lien against
the affected property, as shown by the records in the office 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 the lien or other applicable instruments on
file in the office of the county clerk;
(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 door as practicable; and
(3)
By
publishing the notice in a newspaper of general circulation in the
City on one occasion before the tenth (10th) day before the day fixed
for hearing. The notice shall be mailed and posted before the 10th
day before the date of the hearing before the board and shall state
the date, time and place of the hearing. If the proceeding concerns
a substandard premises, the notice shall also contain an identification
of the property on which the premises is located, a brief description
of the violation(s) present and a statement that the City will vacate,
secure, remove, or demolish the premises, or portion thereof, or relocate
the occupants of the premises (at owner’s expense) if corrective
action is not taken within the time ordered.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 16, 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)
