For the purpose of this article, the following definitions shall apply unless the context indicates or requires a different meaning:
Duplex dwelling unit.
One unit of a residential structure providing complete, independent living facilities to two (2) separate units for families, including permanent provisions for living, sleeping, cooking, eating, and sanitation in each unit.
Infestation.
The presence within or continuous to a dwelling unit of insects, rodents, vermin or other pests.
Landlord.
The owner or lessor of a rental housing unit and additionally includes a management company or managing agent (including an on-site manager) of a rental unit.
Lease.
Any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a rental unit.
Occupant.
Any individual living or sleeping in a building or having possession of a space within a building.
Owner.
Any person, agent, landlord, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of such person if ordered to take possession of real property by a court or a property manager. An “owner” shall also include the applicant, permittee and/or any person owning or possessing an animal and/or who has the right of property on which the animal is kept, harbored or permits an animal to remain on or about the property, or has control of an animal.
Person.
An individual, partnership, firm, company, corporation, association, business trust, estate trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
Property manager.
A person who has managing control of real property; the term shall include the commission of owners, the homeowner association or the entity having control over the common, co-owned elements.
Rental registration certificate of occupancy (RRCO).
A valid registration document from the city for a landlord to own, operate, manage, and maintain a rental unit or portion for a specific location or locations and authorizing occupancy.
Rental unit.
Residential single-family dwelling or duplex dwelling unit, including any room or group of rooms of such single-family dwelling or duplex dwelling unit, providing complete, independent living facilities for the occupants thereof, or which is intended or designed to be occupied as the home or residence of any individual, group of individuals, family or household, with permanent provisions for living, sleeping, eating, cooking and sanitation, that are rented or offered for rent as a residence for more than thirty (30) days.
Rubbish.
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Sanitary.
A condition of good order and cleanliness that precludes the probability of disease transmission.
Single-family or duplex residential landlord self-inspection declaration.
A form provided by the city to the landlord of a rental unit for the purpose of “self-inspection” of the rental unit.
Single-family dwelling.
Either a detached building having separate accommodations for, and occupied by not more than, two families, whereby each individual dwelling unit is located on a separate lot of record as a result of a property line being coincident with the common wall separating each dwelling unit, such that dwelling units may be individually owned; or a detached building having accommodations for, and occupied by not more than, one family, or by one family and not more than four boarders or lodgers; or a single-family attached dwelling located on a separately platted lot of record which is joined to another dwelling unit on one or both sides, and occupied by not more than one family, or by one family and not more than four boarders or lodgers. The term does not include bed and breakfast establishments with seven or fewer rooms for rent that serve breakfast to overnight guests and are not a retail food establishment.
Tenant.
Any person who occupies a rental unit for living or dwelling purposes with the landlord’s consent.
Uninhabitable.
A condition or conditions that exist which could possibly threaten the life, health, safety, or general welfare of the tenant or occupant as determined by the building official.
(Ordinance 2022-04-07 adopted 4/19/22)
(a) 
Each owner of a rental unit within the city shall register each such rental unit with the city in accordance with procedures contained in this article. A separate registration shall be required for each rental unit. Every owner of a rental unit as of the date of adoption of this article shall complete an initial registration application and pay an initial registration fee as set by the city fee schedule on or before September 1, 2022 and annually thereafter.
(b) 
Each owner of a rental unit within the city shall make application for registration with the city and submit a single-family or duplex residential landlord self-inspection declaration for said rental unit with the building official within thirty (30) days after the date of acquiring ownership of a rental unit or within thirty (30) days after the date an owner of a single-family dwelling or duplex dwelling unit converts the dwelling unit into a rental unit.
(c) 
Application for rental unit registration shall be made upon a form provided by the city for such purpose, and shall include, at a minimum, the following information:
(1) 
Owner’s name, address, and work and home telephone number, driver’s license number, or identification card number and state of issuance of the owner;
(2) 
If owner is a partnership, the names of all partners, the principal business address, and telephone number of each partner;
(3) 
If owner is a corporation, the person registering must state whether the corporation is organized under the laws of this state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the main individual in charge of the local office of such corporation, if any, and the names of all officers and directors or trustees of such corporation, and, if a foreign corporation, the place of incorporation;
(4) 
Name, address and telephone number of the property manager or person having the authority to act on behalf of the owner;
(5) 
Name, address, telephone number of mortgagee (if there is a mortgage against property);
(6) 
Street address of the rental unit;
(7) 
Number of persons that the unit is designed to occupy as determined by the International Residential Code and International Property Maintenance Code, as amended;
(8) 
Signature of the owner or owner’s agent; and
(9) 
A completed single-family or duplex residential landlord self-inspection declaration.
(Ordinance 2022-04-07 adopted 4/19/22)
(a) 
In addition to annual registration, it shall be unlawful for any person to own, operate, manage, or maintain a rental unit or otherwise occupy or offer one for occupancy in the city without a current and valid residential Rental Certificate of Occupancy (RRCO) having been issued for said property by the city. Any person owning, operating, managing, or maintaining a rental unit shall obtain an RRCO for each separate location.
(b) 
A RRCO shall be required for each rental unit offered under lease and/or occupancy upon the effective date of this article and shall be in full compliance on or before September 1, 2022. For rental units, offered leased or occupied for rent after the effective date, an RRCO shall be obtained prior to occupancy.
(1) 
All RRCOs shall expire with the change of a tenant or the addition of new tenants to the lease.
(2) 
The landlord applicant for an RRCO shall file a written application with the city upon a form provided for that purpose. The application shall be signed by the owner or his agent and the property manager. Should an applicant own more than one rental unit at the same or another location, a separate application shall be filed for each rental unit. The following information shall be required in the application:
(A) 
Address of property;
(B) 
Name of tenant and all other residents of the rental unit;
(C) 
A completed single-family or duplex residential landlord self-inspection declaration;
(D) 
Acknowledgment by property owner (or property manager) and tenant of receipt of copy of the city’s residential rental property registration and inspection ordinance; and
(3) 
The building official, or designee, may, at any time, require additional relevant information of the owner or property manager to clarify items on the application and to assure compliance with this article.
(c) 
The fee for an RRCO, reinstatement of an RRCO, or renewal and all other fees provided for in this article shall be established in the city’s fee schedule.
(d) 
A replacement RRCO may be issued for one lost, destroyed or mutilated upon application on a form provided by the city. A replacement RRCO shall have the word “replacement” stamped across its face and shall bear the same number as the one it replaces.
(1) 
A residential rental property RRCO is not assignable or transferable.
(2) 
The form of the RRCO shall be prepared by the building official.
(3) 
The RRCO shall be held by the owner and a second copy kept on the premises and available for inspection upon request by the city.
(e) 
The owner of any property in the city, whether vacant or occupied, shall be responsible for maintenance of all structures, equipment, appliances and accessories to the property in compliance with all applicable ordinances and permit requirements in force in the city.
(f) 
No owner shall permit the occupancy of a rental unit that is not in a safe and sanitary condition, or that does not comply with all ordinances in force in the city.
(g) 
The owner shall notify the city at least forty-eight (48) hours prior to an eviction notice. Furthermore, the owner shall provide to the city a plan for the clean-up and removal of personal items from the rental unit twenty-four (24) hours after the eviction.
(h) 
Tenants of any rental unit shall be responsible for keeping the interior and exterior of the rental unit in a clean, orderly and sanitary condition, as provided in this article.
(i) 
In the event of any dispute between owner and tenant, or when the tenant is absent or unwilling or unable to correct violations, the property owner shall be held responsible for compliance with all ordinances that affect the property.
(j) 
All exterior property of a rental unit, and the interior of every rental unit, shall be free from any accumulation of rubbish, trash, debris, filth, or garbage.
(k) 
Upon the request of a tenant, the building official may inspect a property for structural, electrical, mechanical or plumbing problems, ceiling leaks, smoke detector checks, and insect or rodent infestation.
(Ordinance 2022-04-07 adopted 4/19/22; Ordinance 2023-06-02 adopted 6/6/2023)
(a) 
The building official, in addition to any other applicable requirement of this article, may inspect the interior and exterior of a rental unit to determine compliance with applicable state and local laws.
(b) 
The building official or designee shall enforce the provisions of this article upon presentation of proper identification to the owner or tenant in charge of any rental unit and, with the owner or tenant’s permission, may inspect the rental unit in accordance with this section between the hours of 8:00 a.m. and 5:00 p.m. The building official’s authority to conduct both exterior and interior inspections is subject to all limitations provided in state and federal law.
(c) 
If entry is refused by the owner or any occupant, or if consent to enter the rental unit could not be obtained, the building official is authorized to seek a warrant permitting the building official’s entry pursuant to Texas Code of Criminal Procedure art. 18.05, as the same may be amended from time-to-time.
(d) 
Inspections of a rental dwelling unit shall be performed (1) every five (5) years; (2) on a complaint-driven basis; and (3) at intervals deemed necessary for the enforcement of this article.
(e) 
A nonrefundable inspection fee shall be paid to the city by the owner for each inspection of each rental unit by the city, or its designee.
(f) 
Except in the case of a threat to life safety or a critical violation, the building official shall provide a three-day notice via email, fax, certified mail, direct delivery, regular mail, or in person to the owner, landlord or property manager prior to the inspection date. If the notice is sent via regular mail, the notice will be deemed received three (3) days after deposit of the notice with the United States postal service. Notice shall include an inspection checklist, outlining the minimum requirements to maintain a rental unit in compliance with this article. All rental units may be inspected initially, or more frequently if the building official determines the property poses a risk of health and safety to its tenants or occupants.
(g) 
Any unoccupied rental unit that has a life-safety violation or critical violation at the time of the initial inspection must be reinspected within fifteen (15) calendar days or at another reasonable time as described by the building official not to exceed forty-five (45) calendar days. Any life-safety violations or critical violations of occupied units that would cause a rental unit to become uninhabitable shall be vacated or corrected by the owner within twenty-four 24 hours and shall not be occupied until all violations have been corrected.
(Ordinance 2022-04-07 adopted 4/19/22)
(a) 
A notice of violation shall:
(1) 
Be in writing or marked on an inspection report form or notice;
(2) 
Include a legal description of the rental unit property/premises;
(3) 
Include a statement of the violation(s); and
(4) 
Include a correction order allowing a reasonable amount of time as determined by the building official to make any necessary repairs or corrections required to bring the rental unit, structure, and/or premises into compliance with the provisions of this chapter.
(b) 
A notice of violation shall be considered delivered when:
(1) 
Delivered in-person;
(2) 
Three (3) days after the notice is deposited at the United States postal service; or
(3) 
By posting at or on a conspicuous place on the rental unit structure, and/or premises.
(Ordinance 2022-04-07 adopted 4/19/22)
A rental unit inspected under the authority of this article must, at a minimum, comply with the standards set forth in the property maintenance code adopted by the city in order to pass inspection.
(Ordinance 2022-04-07 adopted 4/19/22)
(a) 
At a minimum, an occupant and/or tenant of a rental unit shall comply with all of the following:
(1) 
Maintain those portions of the interior of a rental unit and premises under the occupant’s control free from litter, rubbish, garbage, and all other nuisance-related violations that would encourage the infestation of insects, rodents or vermin and other unsanitary conditions.
(2) 
Maintain the rental unit and all plumbing equipment and facilities provided in a clean, sanitary condition at all times. At no time shall an occupant or tenant fail or refuse to connect to an approved potable water source.
(3) 
Not occupy a premises or structure unintended for occupancy.
(4) 
Prohibit the premises from being utilized in any manner that would otherwise violate any portion of the city’s code, subject to penalties thereof.
(5) 
Eliminate and/or correct any fire hazard as determined by the fire marshal or building official.
(6) 
Not alter a rental unit or its facilities so as to create a nonconformity with this or any other ordinance or code of the city.
(b) 
An owner, landlord or property manager may file, with the building official, a signed notarized affidavit of personal knowledge of an occupant or tenant’s failure to comply with the requirements of this section. Upon receipt of such signed notarized affidavit by the owner, landlord or property manager, the building official may begin enforcement of the provisions of this section, including the issuance of a citation to the occupant or tenant for violating the requirements of this article.
(Ordinance 2022-04-07 adopted 4/19/22)
(a) 
Failure to comply with any provision of this article shall be a violation and may result in the abatement of any public nuisance as allowed by law and/or the issuance of municipal court citations and/or the probation, denial, suspension, or revocation of a RRCO.
(b) 
It shall be a violation of this article for an owner to allow occupancy of a rental unit if the owner has not applied for a RRCO for said unit with the building official.
(c) 
It shall be a violation of this article for an owner to allow occupancy of a rental unit with a life safety or critical violation.
(d) 
It shall be a violation for any landlord or their representative to falsify a single-family or duplex residential landlord self-inspection.
(e) 
It shall be a violation for any landlord or their representative to fail to report any nonconforming condition of a rental unit on a single-family or duplex residential landlord self-inspection.
(f) 
It shall be unlawful for any person to make and/or file false information on their residential rental registration application with the city.
(g) 
The building official may, without warning, advance notice or hearing, and/or [sic] suspend any RRCO for a rental unit if the operation of the rental unit constitutes an imminent hazard to public health or life-safety. Upon suspension of a RRCO, the owner may not continue to allow tenants or persons to occupy said unit until the RRCO has been reinstated.
(1) 
When a RRCO is suspended the holder of the RRCO, or the responsible person shall be notified in writing that the RRCO is pending suspension.
(2) 
The holder of the RRCO will have ten (10) calendar days to file a request for hearing with the city council. If a written request for a hearing is filed with the city council within ten (10) calendar days after the service of the notice in accordance with the provisions of this article, the suspension of the RRCO will remain pending until after the city council hearing. If no written request for hearing is filed within the said ten (10) calendar day period, the RRCO suspension becomes effective immediately.
(3) 
Suspension of a RRCO shall continue until the building official determines, after reinspection, that the reasons for the suspension no longer exist and until all applicable fees required by this article have been paid.
(4) 
Suspension of a RRCO shall not preclude the building official from taking any other enforcement action authorized by law.
(h) 
The city may initiate termination of utility services or place a hold on reconnecting or reinstituting utility services that have been terminated, as the case may be, to or for a rental unit that is substandard, or unfit for human habitation by certifying, in writing, that the unit or property is substandard or unfit for human habitation. Upon initiating a utility termination or hold, the city shall promptly notify the owner by written notice.
(i) 
In addition to other authority granted by any section of the city’s code, the building official has all rights and authority granted by Texas Code of Criminal Procedure art. 18.05, to obtain a valid administrative search warrant issued by a court of competent jurisdiction to allow the building official to perform the inspection. The time period for inspection completion shall toll during any days where a warrant is being sought to allow entry and shall not be held against the owner/landlord. Any inspections shall comply with all federal, state and local laws, regulations, and ordinances.
(j) 
The building official shall also have the power to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violations, or to require the removal or termination of any unlawful occupancy of a rental unit in violation of the provisions of this article or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises is chargeable against the real-estate upon which the structure is located, and such charges shall constitute a privileged lien upon such premises.
(Ordinance 2022-04-07 adopted 4/19/22)
Any person directly affected by a decision of the building official or a notice or order issued under this article shall have the right to appeal to the city council provided that a written application for an appeal is filed within ten (10) calendar days after the date the decision, notice or order has been served. An application for appeal shall be based on a claim that the true intent of this article or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this article do not fully apply, or the requirements of this article are adequately satisfied by other means.
(1) 
Appeals shall be heard by the city council.
(2) 
The city council shall consider the appeal as soon as reasonably practical from the date of the appeal.
(3) 
The city council may adopt, modify or reverse the decision of the building official.
(4) 
Except for vacation orders made pursuant to this code, enforcement of any notice and orders of the building official issued under this article shall be stayed until the appeal is heard by the city council.
(Ordinance 2022-04-07 adopted 4/19/22)
(a) 
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of the city’s code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(b) 
The penalty provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies to it pursuant to local, state and federal law.
(Ordinance 2022-04-07 adopted 4/19/22)
It shall be a violation of this article for any person to interfere with the building official, or designee, in the performance of his/her duties under this article, and their enforcement of the ordinances of the city.
(Ordinance 2022-04-07 adopted 4/19/22)