ARTICLE V MINIMUM MAINTENANCE STANDARDS

Exterior grounds and premises.

The owner and manager shall maintain all exterior grounds and premises in a clean, safe, and sanitary condition, including, but not limited to, as follows:

Maintain parking lots, fire lanes, driveways, sidewalks, porches, patios, and other paved areas free from deterioration, holes, excavations, sharp protrusions, or any other object or condition which may cause injury to a person;

Provide and maintain legible parking and fire lane markings;

Maintain vehicular and pedestrian control devices in good condition;

Cover and maintain all exposed ground with pavement, stone screenings, other solid or semi-pervious material, or vegetative growth that is capable of eliminating soil erosion and dust, and that is free of holes and depressions that may injure a person or property;

Maintain wells, cesspools, and cisterns securely covered or closed;

Remove trees and tree limbs that are reasonably capable of damaging a structure, or that are reasonably capable of causing injury to a person, or which are within fourteen (14) feet of a fire lane measured vertically from the surface of the fire lane to the lowest point of the tree limb or branch;

Maintain fences, gates, and screening walls in good condition; and

(8)

Maintain all exterior property and premises free from rubbish or garbage except as contained in covered, leakproof containers; shall provide containers of adequate size and number and shall be serviced with adequate regularity to prevent an overflow; and shall remove excess rubbish and garbage or items too large for the provided containers.

Exterior of structures.

The owner and manager shall maintain the exterior of all structures and equipment thereon in good condition, structurally sound, and in a sanitary condition, so as not to pose a threat to the public health, safety, or welfare including, but not limited to, as follows:

Maintain all exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. It is an affirmative defense to the oxidation removal requirement if the surface is designed for stabilization by oxidation or that the structure is a manufactured home or recreational vehicle that will not be in place longer than ninety (90) days;

Maintain all structural members free from deterioration, and capable of safely supporting the imposed dead and live loads;

Maintain all foundation walls plumb and free from open cracks and breaks in such condition so as to prevent the entry of rodents and other pests;

Provide mechanical ventilation or screened cross-ventilation openings of not less than one and one-half (1½) square feet for each twenty-five (25) linear feet of wall in each basement, cellar, and crawl space;

Maintain all exterior walls free from holes, breaks, and loose or rotting materials;

Maintain all exterior walls and exposed surfaces of metal or wood to protect them from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment;

Maintain the roof and flashing sound, tight and without defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good condition and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance;

Maintain all cornices, belt courses, corbels, trim, wall facings, and similar decorative features in good condition with proper anchorage and in a safe condition;

Maintain all overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts in good condition and properly anchored so as to be kept in a sound condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment;

Maintain every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, structurally sound, in good condition, with proper anchorage and capable of supporting the imposed loads;

Maintain all chimneys, cooling towers, smoke stacks, and similar appurtenances structurally safe and sound, and in good condition;

Maintain every window, skylight, door, and frame in sound condition, good condition, and weather tight:

All glazing materials shall be maintained free from cracks and holes;

Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware; and

Every window which opens directly to or from an outdoor space shall be equipped with a tightly fitting insect-proof screen of not less than sixteen (16) mesh per inch; and

Maintain all exterior doors, door assemblies, and hardware in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door.

Security devices.

The owner and manager of all residential rental property shall comply with the Texas Property Code Chapter 92, Residential Tenancies, Subchapter D, Security Devices;

Storm drainage.

The owner and manager shall provide and maintain drainage of roofs and paved areas, yards and courts, and other open areas on the premises in a way so as not to be discharged in a manner that creates a public nuisance.

Interior of structure.

The owner and manager shall maintain the interior of a structure and equipment therein in good condition, structurally sound, and in a sanitary condition, and occupants shall maintain that part of the structure which they occupy or control in a clean and sanitary condition, including, but not limited to, as follows:

Maintain all structural members structurally sound, and capable of supporting the imposed loads;

Maintain all interior surfaces, including windows and doors, in good, clean, and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected;

Maintain every stair, ramp, landing, or other walking surface in sound condition and good condition;

Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers, or tracks as intended by the manufacturer of the attachment hardware; and

Every dwelling unit shall contain a kitchen that meets, and every hotel room that contains a kitchen or kitchenette shall meet, the following requirements:

Food-contact surfaces shall be smooth and easily cleanable; impermeable to liquid; unpainted; not resurfaced; free from areas which are inaccessible to cleaning and inspection; free from breaks, seams, cracks, chips, pits, or similar imperfection; and free from difficult-to-clean internal corners or crevices;

Surfaces for equipment not intended for contact with food but which are exposed to splash or food debris or which otherwise require frequent cleaning shall be smooth, washable, free of unnecessary ledges, projections or crevices; readily accessible for cleaning; and constructed of such material in such repair as to be easily maintained in a clean and sanitary condition;

Gaskets and seals used for temperature control on doors into refrigeration systems shall be maintained clean, firm-fitting, and intact; and

Grease extracting ventilation hoods shall be provided which are readily removable and listed by a recognized testing laboratory.

Fuel burning equipment.

The owner and manager shall provide and maintain:

That fuel burning heating and cooking devices be properly vented to the outside;

That all fuel supply lines and fuel containers be securely installed to avoid accidental displacement;

All required clearances to combustible materials;

All safety controls for fuel-burning equipment be in effective operating condition; and

A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment.

Mechanical.

The owner and manager shall provide and maintain heating and cooling facilities in all dwellings as follows:

Heating facilities shall be capable of maintaining a room temperature of sixty-eight (68) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms at any point measured a distance of not more than three (3) feet above floor level, and not more than two (2) feet from an exterior wall;

Cooking appliances shall not be used to provide space heating to meet the requirements of this subsection;

Cooling facilities shall be capable of maintaining a room temperature of at least fifteen (15) degrees cooler than the outside temperature, but in no event higher than eighty-five (85) degrees, in all habitable rooms, bathrooms, and toilet rooms at any point measured a distance of not less than five (5) feet above floor level, and not more than three (3) feet from an exterior wall;

All rooms, and all other enclosed spaces, shall be ventilated in a manner sufficient to keep them free of excessive heat, steam, condensation, vapors, offensive odors, smoke, and fumes; and

Intake and exhaust air ducts shall be maintained in such a manner as to prevent the entrance of dust, dirt, and any other contaminating material.

Electrical.

The owner and manager shall properly install and maintain all electrical equipment, wiring, and appliances in a safe manner, including, but not limited to:

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code;

Artificial light fixtures with protective shields capable of preventing broken glass from falling in areas where food may be exposed and where equipment or utensils may be stored; and

Ground-fault circuit-interrupter protected receptacles shall be provided for the following locations:

Bathrooms;

Kitchens where the receptacles are installed to serve the countertop surfaces; and

Laundry, utility, and wet bar sinks where the receptacles are installed within six (6) feet of the outside edge of the sink.

Egress required.

The owner and manager shall ensure that every bedroom has at least one (1) window or opening facing directly to the outdoors which is capable of being opened far enough to permit egress by any adult.

It is an affirmative defense to this subsection that the windows conform to all applicable laws at the time of their construction and have been adequately maintained and upgraded to current building code requirements in response to any Alteration, fire damage, repair, or addition.

When an unsafe condition exists through lack of, or improper location of exits, the building official, code enforcement director, or fire chief may require the owner and manager to install additional exits.

Essential utilities.

Multi-family dwelling communities.

If the owner or manager is responsible for the provision of an essential utility for a dwelling unit in a multi-family dwelling community, he or she shall ensure that these utilities are provided at all times. If an essential utility is interrupted due to an accident, natural event, or equipment malfunction, the owner and manager shall cause repairs to begin as soon as practical and shall have service reinstated within twenty-four (24) hours, except as otherwise provided for sewer systems in this chapter. Except in cases beyond the reasonable control of the owner or manager, if repairs are not completed and service reinstated within twenty-four (24) hours, affected residents shall be relocated to temporary housing.

Hotel.

The owner and manager are responsible for provision and payment for essential utilities, and shall ensure that essential utilities are provided to each hotel room at all times. If an essential utility is interrupted due to an accident, natural event, or equipment malfunction, the owner and manager shall cause repairs to begin as soon as practical and shall have service reinstated within twenty-four (24) hours, except as otherwise provided for sewer systems in this chapter. Except in cases beyond the reasonable control of the owner or manager, if repairs are not completed and service reinstated within twenty-four (24) hours, affected residents shall be relocated to temporary housing.

If the owner or manager is responsible for payment for an essential utility for a dwelling unit, he or she shall ensure that these essential utilities are not discontinued due to payment delinquency. Termination of an essential utility due to non-payment is grounds for the revocation of the certificate of occupancy.

(e)

Handrails.

The owner and manager shall provide and maintain every exterior and interior flight of stairs having more than four risers with a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface which is more than thirty (30) inches above the floor or grade below with guards. Handrails shall not be less than thirty (30) inches high or more than forty-two (42) inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than forty-two (42) inches high above the floor of the landing, balcony, porch, deck, ramp, or other walking surface. Intermediate rails shall be spaced to prohibit the passage of: a four (4) inch sphere for rails installed after August 30, 1991; a six (6) inch sphere for rails installed prior to August 30, 1991; or a nine (9) inch sphere for rails installed prior to February 1, 1979. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(f)

Extermination.

The owner and manager shall maintain all structures free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, the owner and manager shall take proper precautions to prevent reinfestation. The owner, manager, and occupant shall maintain those portions of the interior of a structure under his or her control free from rubbish, garbage, and other substances that may encourage infestation by insects, rodents, or vermin, and from all unsanitary conditions and shall cause the structure to be exterminated of insects, rodents, and other pests by an exterminator licensed by the state within ten (10) days after receiving written notice from the city that extermination is necessary.

(g)

Plumbing in all structures and premises.

If municipal water and sewer systems are within one hundred (100) feet of the property line of a dwelling other than a manufactured home or recreational vehicle, the owner and manager shall provide and maintain the following plumbing facilities connected to said systems in compliance with the building code and so as not to pose any health or sanitation hazard:

Kitchen sink, lavatory basin, and either a bathtub or shower all of which are provided with both hot and cold water;

Flush toilet; and

Water heating equipment adequate to supply hot water to every kitchen sink, lavatory basin, and bathtub or shower at a temperature of not less than one hundred ten (110) degrees Fahrenheit.

The owner, manager, and occupant shall:

Maintain all occupied areas and all plumbing equipment and facilities in a clean, sanitary condition at all times; and

Connect plumbing fixtures and heating equipment that the occupant supplies in compliance with applicable laws.

The owner and manager shall take immediate action to clear stoppages and partial blockages of all sanitary sewer systems. The owner and manager shall within twenty-four (24) hours after written notice of a malfunctioning sewer system:

Reinstate properly functioning sewer service; and

Complete removal of all residue, and complete treatment of all affected areas with a suitable disinfectant, including, but not limited to, inside structures, underneath structures, and all premises under the control of the owner and manager. It is unlawful for the owner, manager, or any person under his control to permit washing or power-washing sewage and debris. It is an affirmative defense to the washing requirement that the debris and wash water are contained, collected, and properly disposed of.

If repairs are necessary that involve excavating to replace or rearrange sanitary sewer piping, the public works director may grant additional time for the owner or manager to complete the repair and restore properly functioning sewer service. Said additional time shall not exceed forty-eight (48) hours for a total of seventy-two (72) hours after written notice.

If repairs involving excavation are necessary, the owner and manager shall establish an electronic record of the internal problems using a sewer line video inspection system or by taking photographs or video of the repairs once the line is excavated. The owner and manager shall maintain said record to confirm to the City of Irving that the repairs were completed.

Written notice of a malfunctioning sewer system shall be effective upon the earliest of any of the following:

Upon personal service;

Upon delivery to the person's office during normal business hours;

Upon posting such notice on the door of the person's residence or office; or

Seventy-two (72) hours after depositing the notice, enclosed in a postpaid, properly addressed envelope, in a post office or official depository under the care and custody of the United States Postal Service.

The owner and manager shall notify the code enforcement director and the public works director of sewer overflows immediately, but in no case later than twenty-four (24) hours, after the overflow.

(8)

The owner and manager shall maintain access points (i.e., cleanouts and manholes) to sanitary sewer piping closed and tightly capped at all times. It is an affirmative defense that there is construction, cleaning, inspection, or repair actively occurring.

(9)

If a notice is provided under this section in excess of two (2) times within a twelve-month period, the owner and manager shall have the sanitary sewer piping cleaned and the internal piping condition assessed by a video inspection system. The cleaning and video assessment shall, at a minimum, include the piping from the point of blockage downstream to the City of Irving sewer system. The owner and manager shall retain an electronic record of said condition assessment and provide it as requested by the City of Irving.

(10)

If a notice is provided under this section in excess of four (4) times within a twelve-month period, the owner and manager shall maintain a written agreement to have the sanitary sewer piping, including, but not limited to, sewer mains and lateral lines, cleaned at least once every two (2) months. The owner and manager shall retain a copy of said written agreement and provide it as requested by the City of Irving. If the structure and premises improve to such a condition that notice is not required for twelve (12) consecutive months, the owner and manager may reduce the cleaning frequency to once annually.

(11)

If a notice is provided under this section in excess of six (6) times within a twelve-month period, it is deemed that all or part of the sanitary sewer piping under the control of the owner and manager is in total structural failure. When all or part of the sanitary sewer piping is deemed to be in total structural failure, the owner and manager shall conduct a complete assessment of the sewer piping and replace the failed area. The owner and manager shall retain an electronic record of said condition assessment and provide it as requested by the City of Irving.

(12)

The costs, charges, and expenses incurred by the City of Irving in responding to, cleaning up, applying appropriate disinfectant to raw sewage and residue that entered the public right-of-way from the structure and premises, or causing such work to be done, shall be a charge to and a personal liability of the owner and manager.

(h)

Fire safety.

The owner and manager shall provide and maintain a safe, continuous, and unobstructed path of travel from any point in a structure to the public way. Means of egress shall comply with the International Fire Code, including, but not limited to, as follows:

At least one (1) emergency escape window or door shall be provided for each nonsprinklered bedroom below the fourth story;

Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. It is an affirmative defense to this subsection that the minimum net clear opening for emergency escape and rescue grade-floor openings and for buildings built prior to February 1, 1979, shall be five (5) square feet;

The minimum net clear opening height dimension shall be twenty-four (24) inches. The minimum net clear opening width dimension shall be twenty (20) inches. The net clear opening dimensions shall be the result of normal operation of the opening. It is an affirmative defense to this subsection that the minimum net clear opening height or width shall be twenty-two (22) inches for windows legally installed prior to February 1, 1979;

Emergency escape and rescue openings shall have the bottom of the clear opening not greater than forty-four (44) inches measured from the floor. It is an affirmative defense to this subsection that the bottom of the clear opening height forty-eight (48) inches for windows legally installed prior to February 1, 1979;

Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with this section and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening; and

When an unsafe condition exists due to the provision of an insufficient means of egress system or emergency escape opening, the city may require the owner or manager to comply with this section.

(i)

Fire protection systems.

The owner and manager shall provide and maintain all systems, devices, and equipment to detect a fire, smoke, or carbon monoxide, actuate an alarm, or suppress or control a fire or any combination thereof in operable condition at all times in accordance with the International Fire Code, including, but not limited to, as follows:

Smoke alarms shall be installed and maintained on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms and in each room used for sleeping purposes. It is an affirmative defense to this subsection that the bedroom or sleeping room was constructed prior to August 29, 1991; and

Smoke alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup. It is an affirmative defense to this subsection that battery backup is not required for smoke alarms legally installed prior to August 29, 1991. It is an affirmative defense to this subsection that smoke alarms are permitted to be solely battery operated if the alarm was legally installed prior to February 1, 1979.

(j)

Alterations.

Each owner, manager, and occupant of a building shall not alter the building or its facilities so as to create any noncompliance with any applicable law.

(k)

Vacant units, structures, and land.

In addition to the other requirements of this section, the owner and manager shall maintain:

All vacant units, structures, and premises thereof or vacant land in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety; and

All vacant or unoccupied structures or parts of structures completely secure from unauthorized entry. Minimum standards for securing a structure are:

All openings in a structure, including all floor levels, shall be secured to prevent entry by unauthorized persons. One (1) building entrance may be secured with a door of either solid core wood or steel construction, having no window in the door, and the door shall be securely locked to allow access only to authorized persons. Said door shall be secured with a through-bolted hasp and padlock if the door swings in;

If plywood materials are used to secure buildings, such materials shall be no less than one-half (½) inch thick, exterior grade. Particle board, wafer board, masonite, or other similar materials shall not be used for purposes of boarding-up a building;

Mechanical fasteners used for wood board-up materials shall be round-headed, non-slotted carriage bolts no less than three-eighths-inch in diameter with washers and nuts on the interior face;

The primary method of securing plywood boards shall be by the use of through-bolt compression fastening, using plywood on the exterior face and wood bracing constructed of minimum two-inch by four-inch (nominal) lumber installed on the interior side of the opening to be secured, perpendicular to the long dimension of the opening. Such bracing shall extend at least six (6) inches beyond the edge of the opening on each side in order to be securely braced against the building structure;

Wood construction used to secure a structure opening shall contain at least one (1) bolt in each corner and additional bolts no more than four (4) feet on center continuously along the perimeter. Each bolt shall fully penetrate the wood bracing on the interior side of the opening; and

The surfaces of such securing materials exposed to the weather shall be protected with the application of exterior grade paint, or a similar weather resistant finish, which blends with the background color of the building.

It is an affirmative defense to the requirement of through-bolt compression fastening that such fastening is impossible due to the construction or condition of the opening. In such event, the opening shall be covered with plywood secured with minimum three-inch-long wood screws fastened on four-inch centers around the circumference of the opening.

Nothing in the minimum standards of this section shall preclude an owner or manager from utilizing superior materials, such as metal, masonry, or concrete, or proprietary systems such as VPS systems, which exceed the durability and reliability of the foregoing standards, to secure a vacant structure or portion of a structure.

§ 8-27 Multi-family dwelling community specific provisions.

In the event that a structure becomes unsecure after compliance with the standards in this section, the owner and manager shall resecure immediately and maintain said building in a secure manner.

(Ordinance 2008-9000, § 2, adopted 10/2/2008)

In addition to the provisions in section 8-26 herein, each owner and manager of a multi-family dwelling community shall comply with this section.

Emergency telephone number.

The owner and manager of a multi-family dwelling community shall provide to each resident a current correct emergency telephone number which shall be answered twenty-four (24) hours each day by an owner, an employee or agent of the owner, a manager, or a telephone answering service for the multi-family dwelling unit in which the resident resides, in order to be able to respond to all resident emergencies which cannot wait until the first business hours.

Management registration.

All managers of a multi-family dwelling community shall register as such with the city. Such registration shall include the name of the person or management company, street address, a current correct telephone number, and a current correct emergency telephone number which shall be answered twenty-four (24) hours each day by an owner, an employee or agent of the owner, or a manager and any other information as determined by the building official.

An owner shall not use a manager that is not registered with the city pursuant to this subsection.

Disclosure of ownership.

The landlord shall disclose to each resident and the code enforcement director the name and either a street address or post office box address of the holder of record title in accordance with the provisions set forth in Section 92.201 of the Texas Property Code, as amended.

The owner, agent, or manager of a condominium shall disclose to each tenant and the code enforcement director the name and business address of the owner, lessor, or sub-lessor of the dwelling unit rented by the tenant and provide the names and addresses of those persons responsible for the maintenance of the common area of a condominium by supplying said information to each tenant within seven (7) days after receiving a written request by the tenant or code enforcement director.

(e)

Utilities to master-metered multi-family dwelling community.

Utility company records.

Before providing utility service to a new account at a master-metered multi-family dwelling community, a utility company may obtain, and the applicant for utility service shall provide:

The name and address of the owner or owners of the building;

The name and address of the manager responsible for paying the utility bills; and

The name and address of the first-lien holder, if any.

The utility company may maintain a record of the information obtained per subsection (1) and may make it available to the city.

Notice of utility interruption.

A utility company may make a reasonable effort (including, but not limited to, messenger delivery) to provide notice of a pending utility interruption to residents of a master-metered multi-family dwelling community.

Prior to disconnecting service, a utility company providing gas, electricity, water, or sanitary sewer may send to the building official a copy of each termination of service letter or notice sent to the owner or manager of a master-metered multi-family dwelling community.

(f)

Crime prevention standards.

The owner and manager of a multi-family dwelling community shall provide the following crime prevention measures:

Signs for emergencies and code violations.

The owner and manager of a multi-family dwelling community shall post and maintain signs on the premises of the community which include the following:

Emergency numbers.

The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any twenty-four-hour period. Emergency conditions shall include fire, natural disaster, flood, collapse hazard, burst pipes, or violent crime.

Notice for reporting code violations.

A sign for reporting code violations to the city in a form approved by the code enforcement director.

Sign requirements.

The sign required by this section shall be a minimum of twelve (12) inches by twenty-four (24) inches. Sign facings shall be fabricated out of weather-proof material. The signs shall have a white background, with letters and numbers in a contrasting color. At each multi-family dwelling community there shall be at least one (1) sign posted, and an additional sign for each fifty (50) dwelling units in excess of fifty (50). The signs shall be prominently displayed in exterior, publicly accessible areas of the complex. If the community has an on-site management office, one (1) sign shall be on the exterior of the office.

Lighting.

Exterior illumination shall be provided at appropriate points adjacent to all building entrances, including individual dwelling units. Lighting shall be sufficient to illuminate areas where hazards may reasonably exist, and shall be operable between a half hour after sunset and a half hour before sunrise.

Security lighting must be provided, maintained, and operated so that it adequately illuminates all parking areas, walkways, stairs, steps, doorways, and garbage storage areas of the apartment complex to such a degree that the facial features of a person at least five (5) feet tall are distinguishable from a distance of thirty-five (35) feet.

If control mechanisms for such lighting are not accessible by each tenant, such illumination shall be activated and deactivated by a photo cell or seasonally-adjusted timer switch, not operable by individual tenants of the community.

The owner and manager shall repair all inoperable exterior lighting fixtures within a reasonable period of time after being notified that the fixture is not working. In no instance shall a reasonable period of time be deemed to mean more than seven (7) days.

Security lighting must be in compliance with all applicable city ordinances and state law.

Vacant buildings.

The owner and manager shall maintain all vacant buildings pursuant to the standards otherwise in this chapter.

Security gate access.

The owner and manager of a multi-family dwelling community which has unstaffed security gates which restrict vehicle access onto the premises shall provide the police chief with master codes to the gates so that police vehicles and personnel and ambulance and ambulance personnel are allowed unrestricted entry onto the premises when responding to emergencies and calls for service and routine patrols.

Prior to changing the master codes, the owner and manager shall notify the police chief of the new codes.

The owner and manager shall equip all security gates with a manual override to be used in the event of a power outage or system failure. The owner and manager shall notify the police chief of the location of the override.

The owner and manager shall provide access through such security gates by fire trucks and fire personnel as required by the International Fire Code as adopted by the city.

Graffiti abatement.

An owner and manager shall remove graffiti from his or her multi-family dwelling community as required in chapter 57 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas.

An owner or manager commits an offense if the owner or manager knowingly violates this section.

(Ordinance 2008-9000, § 2, adopted 10/2/2008; Ordinance 2008-9011, § 1, adopted 11/6/2008; Ordinance 2018-10083, § 1, adopted 7/19/2018)

§ 8-28 Hotel specific provisions.

In addition to the provisions in section 8-26 herein, each owner and manager of a hotel shall comply with this section.

Fire safety requirements.

Each owner and manager shall:

Cause to be conspicuously displayed immediately adjacent to or on the inside of every exit door from a sleeping room, a diagram depicting two (2) evacuation routes;

Cause fire drills exclusively for staff members to be conducted quarterly for each shift;

Cause records of fire drills to be maintained on the premises for review by the city in compliance with the International Fire Code;

§ 8-29 Manufactured home community and recreational vehicle community specific provisions.

Cause an emergency plan to be submitted to and approved by the fire department.

(Ordinance 2008-9000, § 2, adopted 10/2/2008)

In addition to the provisions in section 8-26 herein, each owner and manager of a manufactured home community and recreational vehicle community shall comply with this section.

Parking manufactured homes prohibited generally.

It is unlawful for any person to park a manufactured home within the City of Irving for longer than forty-eight (48) hours. Affirmative defenses to this subsection are:

That the manufactured home is in a manufactured home community;

That the manufactured home is parked on property where manufactured homes are manufactured or sold and where no one occupies a manufactured home as a dwelling or sleeping place; and

That the manufactured home is parked on the property as a temporary office or display unit and where no person occupies a manufactured home as a dwelling or sleeping place.

Roster of manufactured homes and recreational vehicles.

The owner, licensee, and manager of each manufactured home community shall keep a roster of all manufactured homes and recreational vehicles located within the manufactured home community or recreational vehicle community. The roster shall contain the following information:

The make, model, and year of each manufactured home and recreational vehicle.

The vehicle identification number and name of the owner of each manufactured home and license number and name of the owner of each recreational vehicle and the state issuing the license.

Dates of each manufactured home and recreational vehicles moved into and or out of the manufactured home or recreational vehicle community.

The owner and manager shall make the roster available for inspection at all times by the city.

Driveways and roadway.

The owner and manager of each manufactured home community or recreational vehicle community in the city shall provide in the manufactured home community or recreational vehicle community:

At least one (1) driveway entrance or private street entering from a public street into the manufactured home community or recreational vehicle community that is at least twenty-four (24) feet wide with a minimum turning radius of thirty (30) feet;

A properly marked fire access roadway that abuts each manufactured home plot or recreational vehicle plot and that is not less than twenty-four (24) feet wide at any point with a thirty-foot turning radius and vertical clearance of not less than fourteen (14) feet.

Service roads, fire lanes, access ways, private streets, and roadways constructed and maintained so that they are weathertight and capable of supporting the imposed load of a forty thousand (40,000) pound fire apparatus with two-thirds (⅔) of the weight on the rear axle, capable of allowing free passage of fire department apparatus. At the discretion of the fire chief, a manufactured home community or recreational vehicle community owner shall provide laboratory testing analysis with a certifying letter that the entire surface meets the requirements of this subsection.

Street name signs at each end of each block of each public and private street.

(Ordinance 2008-9000, § 2, adopted 10/2/2008)

§ 8-30 Substandard structures.

A structure does not meet the minimum standards of the city if it is in violation of any applicable law, or

Is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;

Is unoccupied by its owners, lessees, or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;

Is boarded up, fenced, or secured, but.

Constitutes a danger to the public even though secured from entry; or

The means used to secure the building are inadequate to prevent unauthorized entry or use of the building by vagrants, children, or other uninvited persons;

There exist conditions caused by accumulations or refuse, vegetation, or other matter that create breeding and living places for insects and rodents; or

The condition, use, or appearance of property is in violation of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, or the Zoning Ordinance.

A structure is unsafe and dangerous if its structural condition presents a substantial hazard to its occupants, adjoining property, or other persons by not providing minimum safeguards to protect or warn occupants in the event of fire, or because the structure contains unsafe equipment or is so damaged decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible or that has any of the following structural deficiencies:

Walls or other vertical structural members which list, lean, or buckle in excess of one-quarter-inch horizontal measurement for each one-foot of vertical measurement;

A supporting member, exclusive of the foundation, which shows thirty-three (33) percent or more damage or deterioration;

A nonsupporting enclosing outside wall or covering with fifty (50) percent damage or deterioration;

Parts that may fall and injure a person or property;

A floor or roof that has insufficient strength to be reasonably safe for the purpose for which it is used and to support the weight of emergency personnel and equipment as determined by the fire chief;

A foundation that has holes, cracks, buckling, crumbling, or defects that may cause said foundation to be unable to provide adequate support;

A floor, exterior wall, or roof that has holes, cracks, or loose, rotten, warped, or protruding boards that may injure a person;

(8)

An interior wall or ceiling that has holes, cracks, loose plaster, defective materials, or structural deterioration that may defeat the purpose of the wall or ceiling or that may fail to protect the occupants of the structure from danger of collapse or fire;

(9)

Damage by fire, explosion, wind, vandalism, or elements of nature so that there may be a danger to life, safety, or to the general health and welfare of a person;

(10)

Absence of an essential utility for forty-eight (48) hours or more;

(11)

Inaccessibility of any part of the structure to fire, police, EMS, or other emergency vehicles; or

(12)

Sewage flowing into the right-of way.

The fire chief, police chief, or building official shall be authorized to order the immediate evacuation of any structure which in his or her opinion is unsafe due to hazardous conditions that present imminent danger to the structure's occupants.

(Ordinance 2008-9000, § 2, adopted 10/2/2008)

§ 8-31 Density.

Notwithstanding the provisions of all other city ordinances, the maximum number of persons per unit is as follows:

Dwelling unit.

No more than two (2) occupants per each bedroom plus one (1) additional occupant are permitted to reside in a dwelling unit.

Hotel.

The maximum number of occupants per hotel room in which the same group of occupants stays fewer than thirty (30) consecutive days is no more than four (4) occupants per each bedroom plus one (1) additional occupant.

The maximum number of occupants per hotel room in which the same group of occupants stays thirty (30) or more consecutive days is as follows: in an efficiency hotel room, the density shall not exceed three (3) occupants; in a one-bedroom hotel room, the density shall not exceed four (4) occupants; in a two-bedroom hotel room, the density shall not exceed five (5) occupants; in a three-bedroom hotel room, the density shall not exceed six (6) occupants.

The owner, manager, and licensee shall keep records that reflect the number of occupants in each dwelling unit. Said records shall be available for review by the city during regular working hours or upon receipt of reasonable notice.

It shall be unlawful and a violation of this section for an owner or manager to permit or allow a violation of any of the terms of this section.