This article shall apply to all existing designated properties, the structures, and all existing premises thereon regardless of the date of their construction.
(Ordinance 2008-9000, § 2, adopted 10/2/2008)
(a)
License required.
Any person who owns or manages a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel in the city shall obtain a current and valid license having been issued by the city for each. Any person owning, managing, or maintaining a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel at more than one (1) location shall obtain a license for each separate location. The city will not issue a certificate of occupancy for any multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel that does not have a license issued to it.
(b)
License application and issuance.
(1)
An owner or manager shall file a city-supplied application with the building official for each location. The following correct and current information is required in the application:
a.
Names, current addresses, and telephone numbers of all owners, managers, lien holders, and insurance companies;
b.
State-issued driver's license or identification numbers and dates of birth of all owners and managers;
c.
Names, addresses, state-issued driver's license or identification numbers, and dates of birth of all registered agents, presidents, and vice-presidents, if any of the above-named parties are corporations;
d.
Names, addresses, state-issued driver's license or identification numbers, and dates of birth of all registered agents, presidents, and vice-presidents, if any of the registered agents are corporations;
e.
One trade name;
f.
Zoning district in which the property is located;
g.
Telephone number, name, and address of a person responsible for paying utility bills, including the utility bills for the common area of a manufactured home community or recreational vehicle community;
h.
The number of units as follows:
1.
Multi-family dwelling community.
The number of dwelling units broken down by number of efficiencies, one-bedroom, two-bedroom, and three-bedroom;
2.
Manufactured home community and recreational vehicle community.
The number of manufactured home plots and recreational vehicle plots; and
3.
Hotel.
The number of hotel rooms; and
i.
The current occupancy rate, in percentage, of a multi-family dwelling community.
(2)
Any person shall not use or permit to be used more than one (1) trade name at a single location.
(3)
It is the duty of an owner and manager to update all information provided in the application within seven (7) calendar days of any change.
(4)
The city may, at any time, require additional relevant information of the owner or manager to clarify items on the application. The owner and manager shall provide the information the city requires within seven (7) calendar days of the city's request.
(5)
When more than fifty (50) percent of the ownership changes or there is a change of a general partner, the new owners and partners shall obtain a new license within thirty (30) days of the change. There is no fee for such a new license.
(6)
The owner or licensee shall notify the city in writing of each change in ownership and each change in manager and individual responsible for compliance with this chapter, and any information required in this section within seven (7) calendar days of the change.
(7)
A condominium regime seeking a license shall provide in addition to the foregoing information a copy of the application file-marked by the Dallas County Clerk of the instrument creating the condominium regime. The condominium regime shall also name a designated agent to receive notices relating to the premises and give the agent's street address and current correct telephone number, as well as name the council of owners. Such council of owners is hereby deemed to be a manager of the property.
(8)
If an annual license cannot be issued at the time the application is filed, a temporary license may be issued upon payment of the license fee. The temporary license shall be valid until such time as the annual license is issued or the temporary license is revoked for failure or refusal to comply with this chapter.
(9)
No annual license may be issued until the applicant has met all the requisites for it and paid all applicable fees.
(c)
License expiration and renewal.
(1)
Multi-family dwelling community, manufactured home community, recreational vehicle community.
Each license expires on December 31 of each year and the owner shall renew it no later than January 1 of the following year.
(2)
Hotel.
Each license expires on March 31 of each year and the owner or manager shall renew it no later than April 1 of the same year.
(d)
License fee.
(1)
All applicants for a license for a multi-family dwelling community, manufactured home community, or recreational vehicle community shall pay license fees as established by a resolution of the Irving City Council.
(2)
Should the license payment be made by check or other instrument, which is not honored, the license for which the payment was made to secure shall be null and void without any additional action by the city.
(3)
The license fee shall be paid at the time the initial application is filed and at the time each renewal application is filed with the building official.
(4)
The fee for issuing a replacement or duplicate license shall be as established by a resolution of the Irving City Council.
(5)
The application shall pay a late charge as established by a resolution of the Irving City Council for any portion of any month the annual license fee is late.
(e)
License display.
(1)
Multi-family dwelling community, manufactured home community, recreational vehicle community.
The owner and manager shall post and display each license issued pursuant to this chapter in the office or in another conspicuous place to which occupants have access.
(2)
Hotel.
The owner and manager shall make each license issued pursuant to this chapter available for inspection on request.
(f)
License replacement and transferability.
(1)
A replacement license may be issued for one lost, destroyed, or mutilated upon application on the form provided by the building official. A replacement license may have the word "replacement" stamped across its face and may bear the same number as the one it replaces.
(2)
A license pursuant to this chapter is not assignable or transferable from one person to another or from one place to another.
(3)
The form of the license may be prepared by the building official.
(g)
License standards.
The owner and manager shall maintain the premises in compliance with the provisions of this chapter and with all applicable laws in order to obtain, retain, or renew a license.
(h)
Appeal of license denial.
(1)
If the building official denies a license, the owner or manager may appeal the denial to the construction board of appeals. License appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such denial.
(2)
Failure of any person to file an appeal in accordance with this section is a waiver of his or her right to a hearing and the building official's decision shall be final.
(3)
The denial of a license by the building official is not stayed pending appeal.
(i)
It shall be unlawful and a violation of this section for an owner or manager to intentionally, knowingly, recklessly, or negligently provide, cause to be provided, or allow false information to be provided in response to any of the terms of this section.
(j)
It shall be unlawful for an owner or manager to intentionally, knowingly, recklessly, or negligently commit, permit, or allow a violation of any of the terms of this section.
(Ordinance 2008-9000, § 2, adopted 10/2/2008; Ordinance 2009-9113, § 2, adopted 9/3/2009; Ordinance 2023-10801, § 2, adopted 9/14/2023)
It shall be unlawful for an owner or manager to intentionally, knowingly, recklessly, or negligently commit, permit, or allow a building or structure to be used or occupied without a valid certificate of occupancy issued pursuant to Section 110 of the International Building Code.
(Ordinance 2008-9000, § 2, adopted 10/2/2008)
(a)
For failure to comply with the terms of all applicable laws, the building official, fire chief, or city council may revoke a license authorized by this chapter and revoke a certificate of occupancy for those units or structures in violation.
(b)
If the building official or fire chief revokes a license or certificate of occupancy, the owner or manager may appeal the revocation to the construction board of appeals. Certificate of occupancy appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such revocation.
(c)
Failure of any person to file an appeal in accordance with this section is a waiver of his or her right to a hearing and the building official's or fire chief's decision shall be final.
(d)
The revocation of a certificate of occupancy by the building official or fire chief is stayed pending appeal.
(e)
Public utilities discontinued.
If an owner's certificate of occupancy is revoked in any manner, the city may notify all public utility companies serving the building that the certificate of occupancy for the units in violation has been withdrawn and request that all public utility services be discontinued from those units in violation.
(Ordinance 2008-9000, § 2, adopted 10/2/2008)
(a)
If the license or certificate of occupancy is revoked by the building official, they may be reinstated or reissued by the building official upon the occurrence of all the following: compliance with the violation notice; compliance with current code requirements governing fire protection systems and electrical systems; and on request by the owner or manager.
(b)
If the license or certificate of occupancy is revoked by the fire chief, they may be reinstated or reissued by the fire chief upon the occurrence of all the following: compliance with the violation notice; compliance with current code requirements governing fire protection systems and electrical systems; and on request by the owner or manager.
(c)
If the license or certificate of occupancy is revoked by the city council, the city council may resolve to reinstate or reissue said license and certificate of occupancy upon the occurrence of all the following: compliance with the violation notice; compliance with current code requirements governing fire protection systems and electrical systems; and on request by the owner or manager.
(Ordinance 2008-9000, § 2, adopted 10/2/2008)
(a)
It is unlawful for any person to change or extend any existing manufactured home community or recreational vehicle community unless he or she has a valid permit issued by the building official in the name of such person for the specific change or extension. All changes or extensions of a manufactured home community or recreational vehicle community shall comply with the zoning ordinance.
(b)
It is unlawful for any person to locate or relocate, alter, extend, or construct a manufactured home, recreational vehicle, or accessory building, within a manufactured home community or recreational vehicle community unless he or she has a valid permit issued by the building official in the name of such person for the specific placement, alteration, extension, or construction. All manufactured home, recreational vehicle, and accessory building placements, alterations, extensions, or construction shall comply with applicable codes, ordinances and the zoning ordinance. Setbacks and separations shall be maintained for all manufactured homes, recreational vehicles, accessory buildings and other structures as follows:
(1)
Porches and accessory buildings must be a minimum of five (5) feet from an interior street and/or from any adjacent manufactured home or recreational vehicle.
(2)
A carport may be attached to the manufactured home or recreational vehicle unit it serves but may not be closer than five (5) feet to any adjacent manufactured home or recreational vehicle.
(3)
A freestanding accessory structure shall be no closer than five (5) feet to a manufactured home or recreational vehicle at any point. It is an affirmative defense to this section that the accessory structure is located within eight (8) inches of the manufactured home or recreational vehicle it serves. It is an additional affirmative defense to this section that neither the manufactured home nor the accessory structure has been moved since October 26, 2000.
(4)
Between any end of manufactured home or recreation vehicle and private roadway: Five (5) feet.
(5)
Between any side of manufactured home or recreational vehicle and private roadway: Ten (10) feet.
(6)
Separations between manufactured homes or recreational vehicles:
(c)
All applications for a permit shall contain the following:
(1)
A permit application properly completed;
(2)
Name, address, and current correct telephone number of the applicant;
(3)
Name, address, and current correct telephone number of the owner of the property;
(4)
The address and legal description of the manufactured home community or recreational vehicle community;
(5)
A plot plan providing:
a.
The date of preparation, name of preparer, scale, north point;
b.
Name of manufactured home community or recreational vehicle community and its owner;
c.
Location of property line boundaries and dimensions of the tract;
d.
Location and width of all accessways, Driveways, and parking areas;
e.
Proposed placement of all manufactured homes and recreational vehicles; and
f.
All required front, rear, and side setback lines in compliance with the zoning ordinance.
(d)
The applicable fee shall be charged at the time of permit issuance.
(e)
When, upon review of the application and receipt of the required fee, the building official is satisfied that the proposed plan meets the requirements of this chapter and all applicable laws, he or she may issue a permit.
(Ordinance 2008-9000, § 2, adopted 10/2/2008; Ordinance 2009-9138, § 9, adopted 12/3/2009)