(a)
Authority.
The city administrator, his designee or those
persons employed by the city by contract are authorized and directed
to administer and enforce all of the provisions of this article.
(b)
Right of entry.
Whenever necessary to make an inspection
to enforce any of the provisions of this article, or when there is
reasonable cause to believe that there exists in any structure, or
upon any premises, any condition which makes it substandard, as defined
in this article, the city administrator or other authorized representative
may enter such building or premises at all reasonable times to inspect
the building or premises or to perform any duty imposed by this article;
provided that he shall first make a reasonable effort to locate the
owner or persons having charge or control of the building or premises,
and request permission to enter the premises. If such entry is refused
or if the owner cannot be found, the city administrator or his authorized
representative shall obtain an administrative search warrant as provided
in Vernon’s Ann. C.C.P. art. 18.05.
(c)
Responsibilities of owner and occupant.
(1)
Every owner remains liable for violations of duties imposed upon
him by this article, even though an obligation is also imposed on
the occupants of his building, and even though the owner has, by agreement,
imposed on the occupant the duty of furnishing required equipment
or of complying with this article. Every owner or his agent shall
be responsible for maintaining his structure in a sound structural
condition. The owner or his agent shall be responsible for keeping
that part of the structure or premises which he occupies or controls
in a clean, sanitary and safe condition, including the shared or public
areas in a building containing two or more dwelling units.
(2)
Where required by the building code, this article or the health ordinances,
every owner shall furnish and maintain such approved sanitary facilities
as required, and shall furnish and maintain approved devices, equipment
or facilities for the prevention of insect and rodent infestation.
Where infestation has taken place, the owner or his agent shall be
responsible for the extermination of any insects, rodents or other
pests.
(3)
Every occupant of a dwelling unit shall be responsible for keeping
that part of the dwelling or dwelling unit or premises which he occupies
and controls in a clean, sanitary and safe condition. Every occupant
shall dispose of all rubbish, garbage and other organic waste in a
manner required by the health ordinances and approved by the health
officer.
(4)
Where required by the building code, this article or the health ordinances,
every occupant shall furnish and maintain approved devices, equipment
or facilities necessary to keep premises safe and sanitary.
(5)
Where sections of this article have requirements that conflict with
the building code, the building code shall apply.
(1999 Code, sec. 26-231)
Any structure or portion of a structure which fails to meet
the requirements of this article is substandard and shall be abated
in accordance with the procedures specified in this article.
(1999 Code, sec. 26-232)
The city council shall provide the final interpretation of the provisions of this article and provide for hearings and the issuance of orders. The council may adopt reasonable rules and regulations for conducting its hearings under this article and shall render all decisions and findings in writing to the property owners, mortgagees and lienholders. Hearings before the city council shall be provided for in accordance with the provisions contained in division 8 of this article.
(1999 Code, sec. 26-233)
No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or cause or permit any such action to be done, contrary to or in violation of any of the provisions of this article or any order issued by the city council. Any person violating the provisions of this section shall be guilty of a misdemeanor and may be fined in accordance with the general penalty provided in section 1.01.009 of this code.
(1999 Code, sec. 26-234; Ordinance
adopting 2018 Code)
