(a)
The purpose of this article is to protect the health, safety, morals, and welfare of our citizens by establishing minimum standards governing the construction, use, occupancy or maintenance applicable to residential and nonresidential structures. Minimum standards are established with respect to utilities, facilities, and other physical components essential to make structures safe, sanitary, and fit for human use and habitation. Demolition of structures is provided for as a last resort when compliance with standards cannot reasonably be achieved. (Refer to article 3.03, Dangerous Premises.)
(b)
This
article is found to be remedial and essential to the public interest,
and it is intended that this article be liberally construed to effect
its purpose. All structures within the city on the effective date
of this article, or constructed thereafter, must comply with the provisions
of this article.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1501; Ordinance adopting 2019 Code)
The administrator of the neighborhood integrity program of
the city or his designated representative.
Any structure containing three or more dwelling units.
The total area of all habitable space.
The natural surface of the ground, or surface ground after
completion of any change in contour.
The space occupied by one or more persons while living, sleeping,
eating, and cooking, excluding kitchenettes, bathrooms, toilet rooms,
laundries, pantries, dressing rooms, closets, storage spaces, foyers,
hallways, utility rooms, heater rooms, boiler rooms, and basement
or cellar recreation rooms.
The owner, property manager or resident manager of an apartment
building or any other person held out by any owner or property manager
as the appropriate person with whom the tenant normally deals with
concerning the rental agreement or apartment building.
A person claiming, or in whom is vested, the ownership, dominion,
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;
The buyer in a contract for deed; and
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.
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“Person” includes an individual, corporation, business
trust, estate, trust, partnership or association, two or more persons
having a joint or common interest, or any other legal or commercial
entity.
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A lot, plot, or parcel of land, including any structures
thereon.
A person who for compensation has managing control of real
property.
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.
Any person who occupies a dwelling unit for living or dwelling
purposes with the landlord’s consent.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1502)
In interpreting and applying the provisions of this article,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, morals, prosperity,
and general welfare. Wherever in this article there may be restrictions
or provisions which might conflict, the more restrictive restrictions
or provisions shall apply.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1503)
For the purpose of ascertaining whether violations of this article
exist, the administrator or his representative is authorized at a
reasonable time to inspect:
(1)
The
exterior of a structure and premises which contain no structure; and
(2)
The
interior of a structure, if the permission of the owner, occupant,
or person in control is given.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1504)
(a)
When
the administrator determines that there is a violation of this article
he shall give notice of the violation to the owner, or the person
responsible. The notice must be in writing, specifying the alleged
violation and providing a length of time for compliance.
(b)
If
the owner of the property resides outside McCulloch County, the administrator
may give notice to the property manager. Upon receipt of a notice
of violation, a property manager shall notify the owner of the specifics
of the notice of violation and shall make every reasonable effort
to have the owner correct the violation.
(c)
After
notice, a person who knowingly continues to violate a provision of
this article or fails to perform an act required of him by this article
commits an offense. A person commits a separate offense for each day
or portion of a day during which a violation occurs or continues.
(d)
The
administrator has the authority to enforce provisions of this article.
(e)
An
offense under this article is punishable by a fine not to exceed $2,000.00.
(f)
In addition to imposing the criminal penalty prescribed in subsection (e) or exercising the other remedies provided by this article, the city may, in accordance with chapter 54, subchapter B of the Texas Local Government Code, bring a civil action against a person violating a provision of this article. The civil action may include, but is not limited to, a suit to recover a civil penalty not to exceed $1,000.00 for each day or portion of a day during which the violation is committed, continued, or permitted.
(g)
The
penalties provided for herein are in addition to any other enforcement
remedies that the city may have under city ordinances and state law.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1505)
(a)
Property standards.
(1)
An owner shall:
(A)
Eliminate a hole, excavation, sharp protrusion, and other object
or condition that exists on the land and is reasonably capable of
causing injury to a person;
(B)
Securely cover or close a well, cesspool, or cistern;
(C)
Provide drainage to prevent standing water and flooding on the land;
(D)
Remove dead trees and tree limbs that are reasonably capable of causing
injury to a person; and
(E)
Keep the doors and windows of a vacant structure or vacant portion
of a structure securely closed to prevent unauthorized entry.
(2)
It is a defense to prosecution for a violation of this subsection
that the premises concerned are the site of new construction and reasonable
and continuous progress is being made to complete the construction.
(b)
Structural standards.
An owner shall:
(1)
In all apartments, apartment houses, dwellings or dwelling units
provide safe and unobstructed and adequate means of egress leading
to safe and open space at ground level. Every bedroom shall have at
least one window or opening, which can easily be opened, facing directly
to the outside. The total of openable window or opening area in every
bedroom shall be equal to 5.7 square feet;
(2)
Provide painting, waterproofing and repair of parts of the structure
subject to deterioration due to the elements, which shall include
but not be limited to loose siding, siding with holes, excessive cracks
or rotted boards which permit air to penetrate rooms, loose roof covering,
and holes or leaks in the roof which cause damage to the structure
or rooms;
(3)
Provide and maintain railings for stairs, steps, balconies, porches,
and elsewhere as specified in the International Building Code and
International Residential Code as amended by the city;
(4)
Repair holes, cracks, and other defects reasonably capable of causing
injury to a person in stairs, porches, steps and balconies;
(5)
Maintain a structure intended for human occupancy and a structure
used as an accessory to a structure intended for human occupancy in
a weather-tight and watertight condition;
(6)
Maintain floors, walls, ceilings, and all supporting structural members
in a sound condition, capable of a bearing imposed loads safely;
(7)
Provide cross-ventilation of not less than 1-1/2 square feet for
each 25 lineal feet of wall in each basement, cellar, and crawl space;
(8)
Repair or replace chimney flue and vent attachments that do not function
properly;
(9)
Repair holes, broken or missing windows, breaks, and loose surface
materials that are health or safety hazards in or on floors, walls,
and ceilings; and
(10)
Provide and maintain a moisture-resistant finish or material for
the flooring or subflooring of each bathroom, shower room, and toilet
room.
(c)
Utility standards.
An owner shall:
(1)
Provide and maintain in operating condition connections to discharge
sewage from a structure or land into a public sewer system where available;
(2)
Provide and maintain in operating condition a toilet connected to
a water source and to a public sewer, where available, in each structure
intended for human habitation;
(3)
Provide and maintain in operating condition connections and pipes
to supply potable water at adequate pressure to a structure intended
for human habitation;
(4)
Provide and connect a kitchen sink, bathtub or shower, and lavatory
to a cold and hot water source in each structure intended for human
habitation;
(5)
Connect plumbing fixtures and heating equipment that the owner supplies
in accordance with the applicable International Building Code, National
Electrical Code and International Residential Code, as amended by
the city;
(6)
Provide and maintain in operating condition supply lines for electrical
service to each structure intended for human occupancy;
(7)
Connect each heating and cooking device that burns solid fuel to
a chimney or flue;
(8)
Provide and maintain in operating condition electrical circuits and
outlets sufficient to safely carry a load imposed by normal use of
appliances and fixtures;
(9)
Provide and maintain in operating condition a device to supply hot
water of a minimum temperature of 120 degrees Fahrenheit within each
structure intended for human habitation; and
(10)
Provide heating equipment capable of maintaining a minimum inside
temperature of 68 degrees Fahrenheit or utility connection for such
equipment in each room of a structure intended for human occupancy.
(d)
Health standards.
An owner shall:
(1)
Eliminate rodents and vermin in and on the land;
(2)
Provide a structure intended for human habitation with a screen for
keeping out insects at each opening of the structure if the structure
is not cooled with refrigerated air, and maintain the interior of
a vacant structure or vacant portion of a structure free from rubbish
and garbage.
(e)
Occupancy load.
(1)
A structure or dwelling unit is overcrowded if the following standards
are not met:
(A)
Floor space per person.
Each structure or dwelling unit
shall contain at least 200 square feet of habitable floor space per
occupant.
(B)
Sleeping space per person.
In each structure or dwelling
unit of two or more rooms, each room occupied for sleeping purposes
shall contain at least 36 square feet of floor space for one occupant
and shall contain an additional 27 square feet of floor space for
each additional occupant.
(D)
Ceiling height.
For purposes of subsections (A) and (B), a room of an existing structure must have a ceiling height of at least seven feet with projections no lower than six feet eight inches to be considered habitable space. New structures must have a ceiling height of seven feet six inches with projections no lower than six feet eight inches.
(2)
It shall be unlawful for any owner to allow an overcrowded structure
or dwelling unit to be occupied. It shall be unlawful for any person
to occupy an overcrowded structure or dwelling unit.
(f)
Enforcement.
The administrator and designees shall be the code enforcement officers for purposes of enforcement of this article. When citing an owner or occupant with a violation of this section, the administrator or a designee shall issue no more than one citation from each of subsections (a), (b), (c), and (d) herein per inspection. The administrator shall establish a procedure for conducting inspections which provides for fair and equal treatment of equally situated properties in the city.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1506)
(a)
An
occupant shall:
(1)
Maintain those portions of the interior of a structure under his
control free from rubbish, garbage, and other conditions that would
encourage infestation of insects, rodents, and vermin;
(2)
Remove an animal or animals from a structure if the presence of the
animal or animals is a health hazard to an occupant;
(3)
Connect plumbing, fixtures and heating equipment that the occupant
supplies in accordance with the applicable city codes;
(4)
Not alter a structure or its facilities so as to create a nonconformity with section 3.04.006 of this article; and
(5)
Cut grass, weeds, and other growth and maintain the premises free
of litter at all times. This subsection does not apply to the occupants
of apartments.
(b)
A
tenant or occupant of a single-family residential structure shall
keep the interior of the structure free from insects.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1507)
(a)
A
landlord shall disclose to the tenant by properly posting in the office,
or, if there is no office, otherwise providing to tenant, in writing,
the name and address of:
(b)
A
landlord shall leave notice of entry whenever it is necessary to enter
an apartment without the specific permission of the tenant. Such notice
shall include the date, time, purpose and the person who has entered
the apartment unit.
(Ordinance 1035 adopted 1/7/09; 2004 Code, sec. 3.1508)
