(a) 
Title.
The short title for these regulations is the property maintenance code of the city (“this code”).
(b) 
Scope.
The provisions of this code apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, safety of lives, safety from any 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.
(c) 
Intent.
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the International Existing Building Code.
(Ordinance 383-07, ex. 1, sec. 101, adopted 5/29/07)
(a) 
Generally.
The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in section 3.04.001. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(b) 
Maintenance.
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any structure, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
(c) 
Applicability of other codes.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Existing Building Code.
(d) 
Existing remedies.
The provisions in this code shall not be construed to abolish or impair existing remedies available, at law or in equity, to the city or its officers or agents relating to the removal or demolition of any structure which is unsafe or insanitary.
(e) 
Workmanship.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
(f) 
Historic buildings.
The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
(g) 
Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in section 3.04.011 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(h) 
Requirements not covered by code.
Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official in a manner consistent with advancing the interest of public health and safety.
(Ordinance 383-07, ex. 1, sec. 102, adopted 5/29/07)
(a) 
Generally.
The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official.
(b) 
Appointment of code official.
The code official shall be appointed by the city manager as an at-will employee or independent contractor.
(c) 
Deputies and other employees.
Subject to the approval of the city manager, the code official shall have the authority to appoint deputy code officials, other related technical officers, inspectors and other employees.
(d) 
Liability.
(1) 
The code official, officer or employee charged with the enforcement of this code, while acting for the city in the lawful discharge of duties and under the provisions of this code, shall not thereby be rendered liable personally and is hereby relieved from all personal liability for any damage accruing to person or property as a result of an act required or permitted in the discharge of official duties.
(2) 
Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the city attorney or the designee of the city attorney until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code, and the code official or any subordinate, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith, subject to the statutory limits applicable to Texas municipalities.
(e) 
Fees.
The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as adopted by the city from time to time.
(Ordinance 383-07, ex. 1, sec. 103, adopted 5/29/07; Ordinance adopting Code; Ordinance 838-24 adopted 4/25/2024)
(a) 
Generally.
The code official shall enforce the provisions of this code.
(b) 
Rulemaking authority.
The code official shall have no rulemaking authority. However, with the approval of the city manager, the code official may make recommendations to the city council to amend this code in the interest of public health, safety and general welfare.
(c) 
Inspections.
The code official shall make all of the required inspections, or shall accept reports of inspection by approved deputies. All reports of such inspections shall be in writing and be signed by the person who performed the inspection and by the code official if someone other than the code official performed the inspection. With the approval of the city manager, the code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
(d) 
Right of entry.
The code official is authorized to enter the structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused for any reason, the code official is authorized to pursue recourse as provided by law to gain entry, subject to the prior approval of the mayor and the city attorney.
(e) 
Identification.
The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(f) 
Notices and orders.
The code official shall issue all necessary notices or orders to ensure compliance with this code.
(g) 
Department records.
The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
(h) 
Coordination of inspections.
Whenever in the enforcement of this code, or another code or ordinance, the responsibility of more than one code official of the city is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the code official or other law enforcement officer having jurisdiction.
(Ordinance 383-07, ex. 1, sec. 104, adopted 5/29/07)
(a) 
Approval of modifications.
Whenever there are undue burdens involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reasons make the strict letter of this code unduly burdensome and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(b) 
Alternative materials, methods and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(c) 
Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the city.
(1) 
Test methods.
Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(2) 
Test reports.
Reports of tests shall be retained by the code official for the period required for retention of public records.
(d) 
Material and equipment reuse.
Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ordinance 383-07, ex. 1, sec. 105, adopted 5/29/07)
(a) 
Unlawful acts.
It shall be unlawful for a person, firm, corporation or other organization or entity to own, control or maintain any property or area in conflict with or in violation of any of the provisions of this code.
(b) 
Notice of violation.
The code official shall serve a notice of violation or order in accordance with the applicable notice provision of this code.
(c) 
Penalties.
Failing to comply with a notice of violation or order issued under division 8 of this article or section 3.04.064 is a class C misdemeanor, punishable by a fine not to exceed $1,000.00. Notwithstanding the foregoing, at the sole discretion of the municipal prosecutor, any such failure to comply or other violation of this code may be prosecuted as a class C misdemeanor punishable by a fine not to exceed $500.00, and if so prosecuted the failure to comply or violation shall be deemed a strict liability offense. Subject to the municipal prosecutor’s option to prosecute any violation as a class C misdemeanor as a strict liability violation punishable by a fine not to exceed $500.00, any violation of this code, other than failure to comply with a notice of violation or order issued under division 8 of this article or section 3.04.064 or a violation of section 3.04.063, is a class C misdemeanor punishable by a fine not to exceed $2,000.00 or the maximum amount otherwise established by law. A violation of section 3.04.063 is a class C misdemeanor punishable by a fine not to exceed $200.00. It is no defense to prosecution for any violation of this code that the city or its agents did not adhere to the notice and hearing procedures set forth in this code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(d) 
Other remedies.
If a notice of violation or order issued under this code is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(e) 
Lien.
Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. To obtain a lien against the property, the mayor, municipal health authority, or municipal official designated by the mayor must file a statement of expenses with the county clerk. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city. The lien is inferior only to: (i) tax liens, and (ii) liens for street improvements. Subject to approval by the city council, the city attorney may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements. The remedy provided by this section is in addition to all other remedies. The city may foreclose a lien on property under this article in a proceeding relating to the property brought under subchapter E, chapter 33, Tax Code.
(f) 
Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ordinance 383-07, ex. 1, sec. 106, adopted 5/29/07)
(a) 
Notice to person responsible.
Except in cases where the code official determines that a violation of this code arises under division 8 of this article (dangerous structures), section 3.04.063 (junked vehicles) or section 3.04.064 (swimming pool enclosures), a code official that determines that there has been a violation of this code or has grounds to believe that a violation has occurred shall give notice, in the manner prescribed in subsections (b) and (c) of this section, to the person responsible for the violation and other persons, if any, as specified in this code. In cases involving dangerous structures, the notice shall be served and be in the form prescribed by the provisions of division 8 of this article.
(b) 
Form.
The notice prescribed in subsection (a) of this section shall be in accordance with all of the following:
(1) 
Be in writing.
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Include a statement of the violation or violations and why the notice is being issued.
(4) 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
(5) 
Inform the property owner of the right to appeal.
(6) 
Include a statement of the city’s right to file a lien in accordance with section 3.04.006.
(7) 
Include a statement that, if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property.
(c) 
Method of service.
Such notice shall be deemed to be properly served if a copy thereof is given:
(1) 
Personally to the owner in writing;
(2) 
By certified mail, return receipt requested, to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or
(3) 
If personal service cannot be obtained:
(A) 
By publication at least once in a newspaper of general circulation in the city;
(B) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
If the code official mails a notice to a property owner in accordance with this subsection and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered to have been delivered.
(d) 
Penalties.
Unless otherwise made compulsory by state law, penalties for noncompliance with orders and notices shall be as set forth in section 3.04.006.
(e) 
Abatement by city.
If the owner of property in the city does not comply with this code by abating the violation or petitioning for appeal within ten days of notice of a violation, the city may: (i) do the work or make the improvements required, and (ii) pay for the work done or improvements made and charge the expenses to the owner of the property. If a violation covered by a notice under this section occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by in this subsection and assess its expenses in accordance with this code.
(f) 
Hearing or appeal procedures.
Except in cases where the code official determines that a violation of this code arises under division 8 of this article (dangerous structures), section 3.04.063 (junked vehicles) or section 3.04.064 (swimming pool enclosures), hearing or appeal procedures shall be in accordance with section 3.04.010. In cases involving dangerous structures, junked vehicles, or swimming pool enclosures, hearing or appeal procedures shall be in accordance with the provisions of division 8 of this article, section 3.04.063 or section 3.04.064, respectively.
(Ordinance 383-07, ex. 1, sec. 107, adopted 5/29/07)
(a) 
Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or the operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same.
(b) 
Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted, and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
(c) 
Closing streets.
When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(d) 
Emergency repairs.
For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(e) 
Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the city. When adjudged appropriate by the city attorney, the city may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
(f) 
Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the board of adjustment, be afforded a hearing as described in division 8 of this article.
(Ordinance 383-07, ex. 1, sec. 109, adopted 5/29/07; Ordinance 838-24 adopted 4/25/2024)
It shall be unlawful for the owner of any dwelling unit, structure or premises who has been served with a compliance order, or upon whom a notice of violation has been served under any part of this code, to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit, structure or premises to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ordinance 383-07, ex. 1, sec. 110, adopted 5/29/07)
(a) 
Applicability; application for appeal.
This section does not apply to hearing or appeal procedures in cases involving dangerous structures under division 8 of this article or cases involving swimming pools under section 3.04.064. Said procedures are governed by division 8 of this article and section 3.04.064 respectively. In all other cases, any person directly affected by a decision of the code official, or a notice or order issued under this code shall have the right to appeal to the board of adjustment, provided that a written application for appeal is filed within 14 days after the day the decision, notice or order was served. An application for appeal shall be filed with the city secretary and shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(b) 
Appeals board.
The board of appeals shall consist of the board of adjustment. If the board of adjustment desires, it may refer the appeal to the municipal court for a bench trial. In such cases, the decision of the court shall be final.
(c) 
Notice of meeting.
Except in cases where the board of adjustment refers an appeal to the municipal court, the board of adjustment shall provide notice of any appeal hearing over which it presides in accordance with the Open Meetings Act, and any such appeal hearing shall take place in a public hearing during an open session of a council meeting. Any appeal hearing before the board of adjustment shall occur within 40 days of the city's receipt of a petition for appeal.
(d) 
Open hearing.
All hearings before the board of adjustment or the municipal court shall be open to the public to the extent required by the Open Meetings Act. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
(e) 
Hearing procedures.
The board of adjustment shall adopt and make available to the public through the city secretary procedures under which a hearing over which it presides will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(f) 
Board decision.
The board of adjustment shall modify or reverse the decision of the code official only by a concurring majority vote.
(g) 
Records and copies of decision.
The decision of the board of adjustment shall be recorded in the minutes of the board of adjustment meeting. Upon request, copies shall be furnished to the appellant and to the code official. The decision by the board of adjustment is final.
(h) 
Administration.
The code official shall take immediate action in accordance with the decision of the board of adjustment or the municipal court, as the case may be.
(i) 
Stay of enforcement.
Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the board of adjustment or municipal court.
(Ordinance 383-07, ex. 1, sec. 111, adopted 5/29/07; Ordinance 838-24 adopted 4/25/2024)
This section lists the standards that are referenced in various sections of this article. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this article that reference the standard. The application of the referenced standards shall be as specified in section 3.04.002(g).
ICC International Code Council
5203 Leesburg Pike, Suite 600
Falls Church, VA 22041
Standard Reference Number
Title
Referenced in Code Section Number
ICC EC-03
ICC Electrical Code-Administrative Provisions
3.04.041(c), 3.04.164(b)
IBC-03
International Building Code
3.04.041(c), 3.04.101(c), 3.04.192(c)
IEBC-03
International Existing Building Code
3.04.001(c), 3.04.002(c), 3.04.041(c)
IFC-03
International Fire Code
3.04.041(c), 3.04.192(a), 3.04.192(b), 3.04.194(a), 3.04.194(b)
IMC-03
International Mechanical Code
3.04.041(c)
IPC-03
International Plumbing Code
3.04.041(c), 3.04.135(a), 3.04.162(b), 3.04.162(c)
IZC-03
International Zoning Code
3.04.041(c)
(Ordinance 383-07, ex. 1, ch. 8, adopted 5/29/07)