For the purpose of this article, the following definitions shall
apply unless the context indicates or requires a different meaning:
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.
The presence within or continuous to a dwelling unit of insects,
rodents, vermin or other pests.
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.
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.
Any individual living or sleeping in a building or having
possession of a space within a building.
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.
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.
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.
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.
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.
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.
A condition of good order and cleanliness that precludes
the probability of disease transmission.
A form provided by the city to the landlord of a rental unit
for the purpose of “self-inspection” of the rental unit.
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.
Any person who occupies a rental unit for living or dwelling
purposes with the landlord’s consent.
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)
The building official or designee is hereby designated as the
administrator of the provisions of this article.
(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 copy of the executed crime prevention addendum required under section
4.09.0010 [sic] of the city’s code (as may be amended);
(D)
A completed single-family or duplex residential landlord self-inspection
declaration;
(E)
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.
(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)
(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.
(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)
All
rental units shall comply with all applicable city codes, including
all current codes related to fire, health, safety and all other state
statutes.
(b)
All
landlords, owners, occupants and tenants shall comply all laws and
ordinances of the state and the city.
(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)
