[Adopted 5-4-2023 by Ord. No. 744]
The purpose of this article is to protect the health, safety
and welfare of the Town residents and to prevent deterioration of
the housing stock in the Town.
Unless specifically defined in this article or unless context
clearly requires a different meaning, terms used in this article have
the meanings given to them by the currently adopted edition of the
International Property Maintenance Code. For the purposes of this
article, certain words and phrases used in this article are defined
as follows:
CODE OFFICIAL
The official who is charged with the administration and enforcement of this chapter or code, or any duly authorized representative. The Property Maintenance Inspector in accordance with the Denton Property Maintenance Code, Chapter
94, is designated the Code Official.
CRIMINAL ACTIVITY
Prostitution; gambling; maintaining or conducting a disorderly
house; unlawful possession; transportation; sale or use of a weapon;
domestic assault; delinquency of a minor; criminal street gang activity;
threatening; intimidating or assaultive behavior; the unlawful discharge
of firearms; or any other criminal activity on or near the premises
that jeopardizes the health, safety and welfare of the landlord, his
agent, other resident, neighbor or other third party, or involving
imminent or actual serious property damage.
DPMC
Denton Property Maintenance Code, Chapter
94, and any amendments.
DRUG-RELATED CRIMINAL ACTIVITY
The illegal manufacture, sale, distribution, use or possession
with intent to manufacture, sell, distribute, or use of a controlled
substance or any substance represented to be drugs (as defined in
§ 102 of the Controlled Substance Act [21 U.S.C. § 802]).
PERSON, OWNER
Any individual, proprietorship, partnership, authorized agent,
corporation, association, or other legal entity having a vested interest
in a residential rental property.
RESIDENT AGENT
A representative of a property owner or landlord who resides
within 30 miles of the Town of Denton at the time of the periodic
property registration.
SHORT TERM RENTAL UNIT
Any lease or other transfer of the right to occupy a primary
or accessory dwelling unit on the parcel other than a hotel, motel,
inn, or bed-and-breakfast for not less than one night and not exceeding
four months.
RESIDENTIAL RENTAL DWELLING UNIT
Any building or portion of a building in which a person resides
in which consideration of money or other goods or services are paid
or provided to the owner of such building, or the owner's authorized
representative or other tenant. This definition shall include the
letting or rental of the following structures as defined in the Denton
Zoning Ordinance: any single-family residential dwelling unit, multifamily residential dwelling unit, two-family residences, boardinghouse, rooming house, lodging house, group home of any type, intermediate care home or institution, or handicapped or infirm home. Definitions for the previous categories are located in §
128-8. This definition does not include owner-occupied single-family residences in which no more than two rooms are let, provided the rooms do not have separate kitchen and bath facilities.
Note: Additional definitions may be found in §§ 128-7 and 128-8 of the Denton Town Code.
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It shall be unlawful for any person to let for occupancy or
allow the occupancy of any dwelling, dwelling unit, rooming unit or
part thereof, whether for use on a monthly or yearly basis, within
the Town of Denton without having first obtained a license for said
unit as hereinafter provided. This is not required for rentals in
which the agreements are transient.
A. Exceptions.
(1) When a dwelling, dwelling unit, rooming unit, or part thereof is occupied by an immediate family member of the owner or the owner's spouse (As defined in the Denton Town Code §
128-8 Immediate Family Member), a rental license shall not be required. The Code Official shall determine the appropriate information required in order to determine compliance with this section.
(2) The requirement for a license shall not apply to the following uses as those uses are defined in the Town's Zoning Ordinance, which is Chapter
128 of the Town Code: Assisted Living Facilities, Bed and Breakfast Inns, Short Term Rental Units, Homeless Shelters, Hospice facilities, Hotels, Motels, Nursing Homes, Overnight Care Facilities, Patient Hostels, and similar uses.
B. The legal owner of record shall make written application to the Town
for a rental unit license, upon such form or forms as the Town shall
from time to time designate. Such application shall be submitted together
with a nonrefundable rental license fee, as approved and authorized
by the Town Council. The legal owner shall also commit to including
the following, or substantially comparable, crime free/drug free and
disorderly use language in the lease or rental agreements with their
tenants:
(1) Crime free/drug free.
(a)
The resident, any members of the resident's household, or a
guest or other person affiliated with the resident shall not engage
in criminal activity, including drug-related criminal activity, on
or near the premises.
(b)
The resident, any member of the resident's household, or a guest
or other person affiliated with the resident shall not engage in any
act intended to facilitate criminal activity, including drug- related
criminal activity, on or near the premises.
(c)
The resident or members of the household will not permit the
dwelling unit to be used for or to facilitate criminal activity, including
drug-related criminal activity, regardless of whether the individual
engaging in such activity is a member of the household or a guest.
(d)
The resident, any member of the resident's household, or a guest
or other person affiliated with the resident shall not engage in the
unlawful manufacturing, selling, using, storing, keeping, or giving
of a controlled substance at any locations, whether on or near the
premises or otherwise.
(e)
Violation of any one of the above provisions shall be a material
and irreparable violation of the lease and good cause for immediate
termination of tenancy.
(2) Disorderly use.
(a)
The resident, members of the resident's household, guests, or
other persons under the resident's control shall not engage in the
following disorderly use activities:
[1]
Violations of state law relating to alcoholic beverages, trespassing
or disorderly conduct; and
[2]
Violations of the Denton Town Code relating to prohibited noise.
(b)
Three disorderly use violations involving the same tenancy within
a continuous twelve-month period shall be a substantial and material
violation of the lease and good cause for termination of the tenancy.
C. The holder of the residential rental license shall be the owner of
the rental housing unit. All owners shall certify to the Town of Denton
the name, address, and telephone number of a person qualified to accept
notice or authorize repairs on behalf of the owner. If the person
is the Designated Agent they must live within 30 miles of the Town.
If the owner does not live within 30 miles of the Town, the designating
of an agent is required. The application shall contain a consent to
inspection during reasonable hours for the entire term of the license.
D. The Town of Denton shall issue or deny a rental housing license.
The Town of Denton Department of Planning and Codes shall receive
all applications and coordinate a review process involving the Town's
Building Official. The issuance of a license is not to be construed
as proof or acknowledgment of the Town of Denton that the subject
property complies with codes pending determination by an inspection.
A denial shall be in writing, setting forth the code violation(s)
and reason(s) for such denial.
E. The owner is responsible for updating any contact information related
to the rental license, including the name of the current tenant, in
order to insure ready communication with the Town for emergencies,
payments, inspections, and code violations. The Town will not be responsible
for using outdated or incorrect contact information.
F. The owner, by signing, agrees to all the terms of the Rental License,
including that the property is compliant and that they agree to the
terms of the "Compliance Checklist." Failure to comply will be considered
a "Failure in terms of licensing."
The Town Council is hereby authorized to enact a resolution
establishing a general fee schedule of license, inspection, reinspection
fees, penalties and fines pursuant to the administration of this Code.
Any fees, fines, and expenses shall be subject to the collection procedures
as established herein.
Any violation of this article shall be considered a municipal infraction, and any person violating any provision of this article shall be subject to the fines and penalties in accordance with §
94-2.1 of Chapter
94, Denton Property Maintenance Code.
Any person affected by a decision of the Code Official and the enforcement of this code may appeal such decision in accordance with DPMC §
94-2.1.
Should any provision, section, paragraph, sentence or word of
this article be determined unconstitutional, such decision shall not
affect the validity of the remaining portions of this article.