(a) 
Title.
This article is titled the multifamily dwelling complex ordinance.
(b) 
Purpose.
The purpose of this article is to provide minimum standards and regulations to help safeguard and preserve life or limb, property, and public welfare by regulating the licensing, use and maintenance of multifamily dwelling structures, buildings, and properties within the city.
(c) 
Scope.
This article applies to all zoning districts, land and properties within the city, including all vacant and occupied apartment complexes.
(d) 
Conflicts with other laws.
If state statutes or other ordinances of the city conflict with the standards and regulations of this article, the more restrictive standard (or regulation) prevails.
(e) 
Intent.
It is the intent of this article to regulate and control public nuisances and other conditions and circumstances that adversely affect the health, safety, and welfare of the general public; it is not intended that this article be interpreted or enforced to require the city to intervene in matters that are primarily personal or private in nature, more appropriately resolved between or among private interests without material danger to the public health, safety, or welfare.
(Ordinance 363-05, sec. 1-01, adopted 10/17/05)
Where terms are not defined, they have their ordinary accepted meaning within the context with which they are used. Words in the singular include the plural and the singular. Words in the masculine gender include the feminine, and the feminine the masculine. The following terms are defined and apply to all sections of this article unless defined elsewhere in this article:
Apartment building.
Any structure containing four or more dwelling units.
Apartment complex.
One or more adjacent apartment buildings which are under common ownership and management. Also referred to in this article as a “multifamily dwelling.”
Apartment complex license.
A license issued by the building official in accordance with this article and referred to as “license” in this article.
Bedroom.
A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entryway, garage, patio or breezeway.
Building code.
The International Building Code, as currently adopted and amended by the city.
Building official.
The building official of the city or his designee.
Dwelling unit.
A structure, or that part of a structure, which is used as a home, residence or sleeping place by one or more persons maintaining a common household, to the exclusion of others.
Family.
A number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage, or adoption.
Landlord.
An owner, resident manager, or property manager of an apartment complex or any other person held out by any owner, resident manager, and property manager as the appropriate person with whom the tenant normally deals with concerning the rental agreement or apartment building.
Owner.
A person claiming, or in whom is vested, the ownership, dominion or title of real property, including, but not limited to:
(1) 
A holder of fee simple title;
(2) 
A holder of life estate;
(3) 
A holder of leasehold estate for an initial term of five years or more;
(4) 
A buyer in a contract for deed; or
(5) 
A mortgagee, receiver, executor or trustee in control of real property;
but not including the holder of a leasehold estate or tenancy for an initial term of less than five years.
Person.
Includes an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or commercial entity.
Plumbing fixtures.
Includes gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, dishwashers, garbage disposal units, clothes washing machines, catchbasins, washbasins, bathtubs, shower baths, sewer pipes, sewage systems, septic tanks, drains, vents, traps, and other fuel-burning or water-using fixtures and appliances, together with all connections to pipes.
Premises.
A lot, plot or parcel of land, including any structure thereon, and, furthermore, including a dwelling unit, its appurtenances, grounds and facilities held out for the use of tenants generally and any other area or facility promised for the tenant’s use.
Property manager.
A person who for compensation has managing control of real property for an owner.
Rental agreement.
Includes all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.
Resident manager.
A property manager or agent of a property manager who resides in the multifamily dwelling complex.
Structure.
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Tenant.
Any person who occupies a dwelling unit for living or dwelling purposes under a rental agreement or with the consent of the landlord.
(Ordinance 363-05, sec. 1-02, adopted 10/17/05; Ordinance adopting Code)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty or fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each day such violation continues it shall constitute a separate offense.
(Ordinance 363-05, sec. 1-17, adopted 10/17/05)
In addition to and cumulative of all penalties, the city has the right to seek injunctive relief to remedy any and all violations of this article.
(Ordinance 363-05, sec. 1-18, adopted 10/17/05)
(a) 
The landlord has the duty to repair the premises and dwelling units in accordance with division 3 of this article. This duty exists at all times, including during the occupancy of the tenant.
(b) 
The landlord must provide to all tenants an emergency telephone number which must be answered at all times, day or night.
(c) 
Upon notice by the tenant in writing of any condition of the premises, apartment complex, or dwelling unit that constitutes noncompliance with the standards stated in division 3 of this article, the landlord must repair such condition within a reasonable period of time. If the landlord fails to complete the repairs within seven days, the tenant may file a complaint in writing to the building official for enforcement of this article. The building official will establish a time period in which the repair must be completed and will issue a citation and/or revoke a license issued under this article if the defect is not corrected before the expiration of the time period.
(d) 
In emergency situations, the tenant must notify the landlord immediately by way of the emergency telephone provided in accordance with subsection (b) of this section. Upon notification, the landlord must respond immediately and furnish assistance to the tenant within one hour of notification. An emergency situation is defined as an overflowing commode, bathtub or sink that is unable to be stopped by reasonable action by the tenant, broken pipes, leaking roof, emergency electrical malfunction, and other situations having immediate adverse effects on the health and safety of the tenant or the tenant’s property.
(Ordinance 363-05, sec. 1-11, adopted 10/17/05)
(a) 
A person gives notice for purposes of section 3.05.005 to another person by taking steps reasonably calculated to inform the other in the ordinary course whether or not the other actually comes to know of it.
(b) 
A person receives notice for purposes of section 3.05.005 from another person when:
(1) 
The notice comes to his or her attention;
(2) 
In the case of a landlord, when delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or
(3) 
In the case of the tenant, when it is delivered in hand to the tenant or mailed by certified mail to the tenant at the place held out by the tenant as the place for receipt of the communication, or, in the absence of such designation, to his last known place of residence.
(c) 
A tenant may not file a complaint with the building official under this article until seven days have elapsed following written notice to the landlord in accordance with this section.
(Ordinance 363-05, sec. 1-12, adopted 10/17/05)
Notwithstanding any other section of this article, it is an affirmative defense to an alleged violation of this article if the charged party proves that:
(1) 
The noncomplying condition described in the complaint was repaired within the prescribed time limits set forth in section 3.05.005 of this article;
(2) 
The noncomplying condition was repaired within the time limits established in writing by the building official;
(3) 
The required notice under section 3.05.006 was not provided;
(4) 
The noncomplying condition was caused by the deliberate or intentional conduct of the complaining party; or
(5) 
The noncomplying condition could have been corrected but for the tenant’s refusal to permit access to his apartment.
(Ordinance 363-05, sec. 1-13, adopted 10/17/05)
The landlord must:
(1) 
Disclose to the tenant by properly posting in the apartment complex office the name and address of:
(A) 
Each property manager and resident manager; and
(B) 
Any management company responsible for the operation of the apartment complex;
(2) 
Leave notice of entry whenever it is necessary to enter a dwelling unit without the specific permission of the tenant. The notice must include the date, time and purpose of the entry and the identity of the person who entered the dwelling unit;
(3) 
Distribute to all tenants a copy of this article;
(4) 
Return a tenant’s security deposit within 30 days, as outlined in Texas Property Code section 92.101 et seq.; and
(5) 
Not remove a tenant’s furnishings or possessions except as outlined in Texas Property Code section 92.0081.
(Ordinance 363-05, sec. 1-14, adopted 10/17/05)
(a) 
A landlord may not retaliate against a tenant by increasing rent or cutting off utilities, or evict the tenant from the premises, because:
(1) 
The tenant has made a good faith complaint to the building official about conditions of the premises, apartment complex or dwelling unit which might not be in compliance with other ordinances and which conditions materially affect the health and safety of the tenant or the tenant’s property, and the condition was not deliberately or intentionally caused by the tenant;
(2) 
The tenant makes a general complaint to the landlord about a violation of his rights under this article;
(3) 
The tenant files a complaint with the building official against the landlord under this article.
(b) 
Notwithstanding a claim of retaliation under this section, a landlord may still evict a tenant if:
(1) 
The tenant’s rent obligations are overdue to the extent that the landlord would have a right to evict the tenant under the rental agreement or state law;
(2) 
The tenant or his or her agent, invitee or visitor deliberately or intentionally caused the ordinance violations; or
(3) 
The tenant is damaging property, disturbing the peace, or using the dwelling unit for illegal purposes.
(Ordinance 363-05, sec. 1-15, adopted 10/17/05)
(a) 
The building official is designated as the administrator of this article.
(b) 
In addition to the powers and duties otherwise prescribed for the building official, as administrator of this article he is required to:
(1) 
Administer and enforce all provisions of this article;
(2) 
Keep records of all licenses issued;
(3) 
Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article; and
(4) 
Conduct, on his own initiative, periodic investigations of apartment complexes throughout the city concerning their compliance with this article.
(Ordinance 363-05, sec. 1-07, adopted 10/17/05)
(a) 
Consent for inspections.
The landlord, as a condition to the issuance of the license required by this article, must consent to allow the building official to make the following inspections of the apartment complex at any time that the building official determines an inspection is needed to ensure compliance with this article:
(1) 
Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the owner, resident or property manager;
(2) 
Right and access to inspect all unoccupied dwelling units; and
(3) 
Right and access to inspect occupied dwelling units with the permission of either the owner, occupant, or person in control.
(b) 
Right of entry.
The building official may enforce the provisions of this article and upon presentation of proper identification and notification to the property manager or resident manager may enter any unit between the hours of 9:00 a.m. and 4:00 p.m.; provided, however, that in cases of emergency where hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the building official may enter the aforementioned dwellings at any time. Whenever the building official is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate or judge authorizing the inspection.
(c) 
Revocation of license and certificate of occupancy.
Failure to comply with the terms of this article after receipt of written notice of violation from the building official setting out the violation and time period for rectification may result in revocation of any certificate of occupancy previously issued and any license issued under this article.
(d) 
Reinstatement of license and certificate of occupancy.
Any person requesting a reinstatement or reissuance of the certificate of occupancy shall be required to apply for and receive a new license issued under this article as a condition precedent to the reissuance or reinstatement of the certificate of occupancy.
(Ordinance 363-05, sec. 1-08, adopted 10/17/05)
(a) 
The owner, resident or property manager of such property may appeal any decision or order of the building official to the mayor of the city, by filing at the office of the mayor within five business days, not including legal holidays, of such decision or order a written appeal to the mayor on a form supplied by the mayor.
(b) 
Within five business days after receiving the written appeal, the mayor shall fix a date, time and place of the hearing of the appeal by the mayor. Written notice of such date, time and place of the hearing shall be given to each appellant by the mayor, either by causing a copy of the notice to be delivered to the appellant personally or by mail, postage prepaid, addressed to the appellant at his address shown on the written appeal.
(Ordinance 363-05, sec. 1-09, adopted 10/17/05)