The purpose of this article is to establish minimum standards
for the initial and continued occupancy of leased dwellings used for
human habitation within the jurisdiction of the city. These standards
shall apply to new and existing leased dwellings.
(Ordinance 200714 adopted 7/14/2020)
(a) Tenants
of a leased dwelling shall give the owner thereof access to any part
of such dwelling or accessory structure and its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of city ordinances
or with any lawful order issued pursuant to the provisions of city
ordinances.
(b) Owners
and tenants of a leased dwelling shall be responsible for maintaining
a safe, continuous and unobstructed path of travel from any point
in a building or structure to the public way. Means of egress shall
comply with the International Fire Code.
(c) Owners
of a leased dwelling shall be responsible for maintaining in a clean
and sanitary condition the shared or public areas of the dwelling,
accessory structures, and premises thereof.
(d) Tenants
of a leased dwelling shall be responsible for maintaining in a clean
and sanitary condition that part of the dwelling, accessory structures
and premises thereof which they occupy and control.
(e) Every
leased dwelling shall be supplied with approved containers and covers
for storage of refuse as required by city ordinances, and the tenant
of such dwelling shall be responsible for the removal of refuse.
(f) Every
boarding house and rooming house shall be supplied with approved containers
and covers for storage of refuse as required by city ordinances, and
the owner of such boarding house or rooming house shall be responsible
for the removal of refuse.
(g) Tenants
of a leased dwelling unit shall keep all supplied plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
of the same.
(h) The
owner of a boarding house or rooming house shall be responsible for
keeping all supplied plumbing fixtures therein in a clean and sanitary
condition.
(i) The
owner shall reside in a boarding house and assume responsibility for
the operation of the boarding house.
(j) No
tenant shall willfully destroy, deface, or impair any of the premises,
facilities, structures or equipment, or any part of the leased/let
property.
(k) No
owner or representative shall block, remove, shut off, or discontinue
any water, sewer, equipment or utility, which is required by ordinance
or law for any occupied lease, dwelling, except for such temporary
interruption as may be necessary while actual repairs or alterations
are in process or during temporary emergencies.
(l) State
law governing the respective responsibilities of landlords and tenants
under agreements for rental housing are enumerated in Texas Property
Code, chapter 91 and chapter 92.
(Ordinance 200714 adopted 7/14/2020)
(a) The
city shall compile and maintain a list of dwellings leased or let
for occupancy.
(b) Leased/let
properties shall comply with federal, state, and local laws and ordinances
and the most recently adopted version of the International Property
Maintenance Code, hereafter IPMC.
(c) Complaints
alleging a violation may be generated by the public, city staff members,
or personnel from other agencies.
(d) Upon
receiving a complaint of an alleged violation, the code official shall
cause the property to be inspected.
(e) If
the code official deems a leased/let property substandard, all repairs
and/or abatement procedures shall comply with the provisions of the
property maintenance code.
(Ordinance 200714 adopted 7/14/2020)
(a) Leased/let
properties with three (3) or more documented violations of federal,
state, or local laws and/or ordinances within a twelve (12) month
period shall be deemed a negligent property and shall be registered
in the negligent property program (NPP). The city shall provide written
notice to the owner of each property designated to participate in
the NPP. The property owner may appeal the designation to the building
standards commission in the manner set out in that committee’s
policies and procedures.
(b) Properties
registered in the NPP shall pay an annual registration fee of one
hundred dollars ($100.00) and shall be subject to an inspection schedule
necessary to verify abatement of all documented violations and ensure
continued compliance with federal, state, and local laws and ordinances.
(c) When
documented violations on a negligent property have been abated in
accordance with applicable federal, state, and local laws and ordinances,
a certificate of compliance shall be issued to the property owner.
(d) Registration
in the NPP shall be for a minimum period of twenty-four (24) months
from the date the most recent certificate of compliance is issued.
(e) If
a property is registered in the NPP and is cited for one or more documented
violations, the property shall remain on the NPP for a minimum of
twenty-four (24) months from the date the most recent certificate
of compliance is issued.
(f) Properties
must have no documented violations within a twenty-four-month period
to be removed from the NPP.
(g) If a property registered in the NPP is sold, or ownership is otherwise transferred, and it remains as lease/let property, the new owner(s) may appeal to the building and standards commission in the manner provided by section
3.03.003 in the city code to have the property removed from the NPP registration list. The building and standards commission shall have the authority to act upon such appeal.
(h) In
deciding whether to remove a property from the NPP, the commission
may consider, among other factors, whether violations currently exist
on the property, the compliance history of the new owner(s) in the
city or other jurisdictions, and the financial capability of the new
owner(s) to correct documented violations and avoid future violations.
(Ordinance 200714 adopted 7/14/2020)
(a) No
person shall let to another for occupancy or use as a human habitation,
any temporary housing for more than thirty (30) consecutive days or
more than forty-five (45) cumulative days in any calendar year.
(b) In
addition to the minimum area requirements of table 404.5 of the International
Property Maintenance Code, every dwelling unit shall contain not less
than four hundred (400) square feet of habitable floor area for the
first adult occupying the unit. An additional one hundred (100) square
feet of habitable area shall be required for each additional adult
occupying the unit. An additional fifty (50) square feet of habitable
area shall be required for each child occupying the unit.
(c) A
kitchen shall have not less than sixty (60) square feet of floor area,
at least four (4) square feet of sink area in one sink and at least
ten (10) square feet of food prep area (countertop).
(d) Cellars
shall not be used for habitable spaces.
(e) Basements
shall not be used for habitable spaces unless:
(1) The floor and walls are substantially watertight;
(2) The total window area, total openable window area and ceiling height
are equal to those required for habitable spaces; and
(3) The required minimum window area of every habitable space is entirely
above the grade adjoining such window area, except where the window
or windows face a stairwell, window well or access way.
(4) No living quarters may be rented without running water, sewer and
electricity, or, in other words, the basic human necessities.
(Ordinance 200714 adopted 7/14/2020)
(a) New
fuel gas systems shall comply with chapter 24 of the most recently
adopted version of the International Residential Code.
(b) Existing
fuel gas systems shall be pressure tested in accordance with section
G2417 of the most recently adopted version of the International Residential
Code:
(1) At least once every five years;
(2) Whenever the fuel gas system is altered or repaired; or
(3) The code official has reason to believe the system is damaged or
leaking.
(c) Installations,
both existing and new, and parts thereof shall be maintained in proper
operating condition in accordance with the original design and in
a safe condition. Devices or safeguards which are required by city
ordinances shall be maintained in compliance with the code edition
under which they were installed. The owner shall be responsible for
maintenance of fuel gas systems. To determine compliance with this
provision, the code official shall have the authority to require a
fuel gas system to be reinspected.
(d) Additions,
alterations, renovations or repairs to fuel gas systems shall conform
to that required for new systems without requiring the existing installation
to comply with all of the requirements of this code. Additions, alterations
or repairs shall not cause an existing fuel gas system to become unsafe,
hazardous or overloaded. Minor additions, alterations, renovations
and repairs to existing fuel gas systems shall meet the provisions
for new systems, unless such work is done in the same manner and arrangement
as was in the existing fuel gas system, is not hazardous and is approved.
(e) Leased
or let dwellings supplied with fuel gas shall have operational carbon
monoxide detector(s) installed in the dwelling, sufficient to provide
appropriate protection.
(Ordinance 200714 adopted 7/14/2020)
(a) With
the exception of the requirements listed in this section, electrical
systems and equipment lawfully in existence at the time of the adoption
of this article may have their use, maintenance and repair continued
if the use, maintenance and repair is in accordance with the original
design and no hazard to life, health or property has been created
by the electrical system and equipment.
(b) Any
additions, alterations or repairs of electrical systems shall conform
to section 3401.4 of the currently adopted International Residential
Code and be maintained in a state of good repair and in good working
order.
(c) Electrical
systems for leased/let dwellings shall be grounded in accordance with
section E3607 of the currently adopted International Residential Code.
(d) Connections
at service heads shall be in accordance with sections E3605.9.1 through
[sic]
(e) Tenants
shall have ready access to all overcurrent devices protecting the
conductors supplying that dwelling.
(f) Fused
neutrals are prohibited.
(g) All
fixtures, receptacles, equipment and wiring in leased/let dwellings
and accessory structures shall be maintained in a state of good repair,
safe, capable of being used. Electrical systems shall comply with
the requirements of NFPA 73, standard for electrical inspections for
existing dwellings.
(h) Every
dwelling shall be equipped with smoke detectors installed in all sleeping
areas. Smoke detectors shall be hard wired with battery backup.
(i) No
leased/let dwelling unit shall be cross wired unless the electric
energy charges for that dwelling are paid for by the owner. If a complaint
alleges a leased/let dwelling is cross wired, the code official shall
cause the dwelling to be inspected. The code official may require
certification from a licensed electrician attesting the leased/let
dwelling is not cross wired.
(Ordinance 200714 adopted 7/14/2020)