(a) 
Authorization.
The city is authorized to make inspections to determine the condition of all existing residential and nonresidential structures, and all premises located within the city without prior notice to the owner, manager, or occupant of said property.
(b) 
Admittance.
(1) 
In cases of emergency where extreme hazards are known to exist which may involve imminent injury to a person, loss of life, or severe property damage, city employees, or their designated representatives, may enter dwellings, dwelling units, or hotel rooms at any time.
(2) 
For the purpose of making the inspections authorized and required by the provisions of this chapter, city employees, or their designated representatives, are hereby authorized to enter, examine, and survey at all reasonable times all multi-family dwelling communities, dwellings, dwelling units, hotel rooms, all common areas, and all premises within the city. Should the occupant, manager, or other person in charge refuse entry, the inspector may use the resources provided by law to gain entry.
(3) 
All complaints made by a tenant pursuant to Texas Property Code, Section 92.052, Landlord's Duty to Repair or Remedy, may be made in writing, signed and dated by the tenant, and copied by the tenant to the city. A copy of the written notice shall serve as right of entry for the city to conduct inspections in a complainant's dwelling unit.
(4) 
All complaints made by an occupant of a condominium in regard to the common area of the condominium shall be delivered to the person designated as an agent by the council of owners, if any such person has been designated. If no such designated person exists, any person in possession of a condominium, including, but not limited to, the board of directors or council of owners, shall be considered as agent in this subsection. A copy of the complaint made to such agent for the council of owners may be made in writing, signed and dated by the occupant, and copied by the occupant to the city. A copy of the complaint to said agent, shall serve as right of entry for the above-referenced officials to conduct inspections of the condominium common area.
(Ordinance 2008-9000, § 2, adopted 10/2/2008)
(a) 
Each multi-family dwelling community is subject to a risk rating assessment. A notice that each multi-family dwelling community is subject to such assessment will be filed with the Dallas County real estate records.
(b) 
The code enforcement director is authorized to assess each multi-family dwelling community for a risk rating once per calendar year, with follow-up or compliance assessments as necessary.
(c) 
Notice of the risk rating report of a multi-family dwelling community will be made by personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the owner, manager, or lienholder of the affected multi-family dwelling community, as shown on the current multi-family dwelling community license application filed with the city, within thirty (30) business days of the report.
(d) 
An owner, manager, or lienholder may request another inspection once per calendar year within thirty (30) calendar days of the date of a risk rating report in an attempt to modify the rating of a multi-family dwelling community.
(e) 
The results of a risk rating become final thirty (30) calendar days from the date the report is mailed in accordance with subsection (c) above, unless modified pursuant to said subsection.
(Ordinance 2008-9000, § 2, adopted 10/2/2008)
(a) 
An owner, manager, or lienholder, jointly or severally aggrieved by a risk rating by the code enforcement director, may file an application to appeal to an administrative appellate panel within thirty (30) calendar days after the date of the risk rating report. The application must be filed with the code enforcement department and state the basis for the appeal.
(b) 
The administrative appellate panel shall consist of three members: one representative each from the Inspections Department, the City Attorney's Office, and the Code Enforcement Department. Administrative appellate rulings shall be made by a simple majority of the members. The appeal to the administrative panel must be heard no later than thirty (30) days from the date the hearing request is filed, unless otherwise agreed to by the city and the applicant.
(c) 
The authority of the administrative appellate panel is limited in that it may modify a risk rating only if error is shown by the appellant as of the date of the risk rating report. Subsequent repair, renovations, work, or presentation of a scope and schedule do not form a basis for the administrative appellate panel to modify a risk rating.
(d) 
An owner, manager, or lienholder, jointly or severally aggrieved by a decision of the administrative appellate panel, may file an appeal to the construction board of appeals within thirty (30) calendar days after the date of the administrative appellate ruling. The authority of the construction board of appeals is limited in that it may modify a risk rating only if error is shown by the appellant as of the date of the risk rating report. Subsequent repair, renovations, work, or presentation of a scope and schedule do not form a basis for the administrative appellate panel to modify a risk rating. Risk rating appeals shall be handled in accordance with the provisions set forth in Section 113 entitled "Means of Appeals" of the 2021 International Building Code or the most recently adopted International Building Code, as amended. The rulings of the construction board of appeals shall be final and non-appealable.
(e) 
Filing for any appeal does not stay the deadlines related to a risk rating report.
(Ordinance 2008-9000, § 2, adopted 10/2/2008; Ordinance 2024-11035 adopted 12/12/2024)
(a) 
An owner, manager, or lienholder of a multi-family dwelling community as of January 1, 2025, which receives a risk rating of 5 as a result of any inspection on or after January 1, 2025, shall be required to:
(1) 
Install a heat detection system; and
(2) 
Improve its risk rating to 4 or better within twelve (12) months of the date of the inspection that resulted in the risk rating of 5.
(b) 
If an owner, manager, or lienholder described in subsection (a) herein fails to comply with said requirements in subsection (a), the building official shall revoke the certificate of occupancy for failure to meet the minimum standards set forth in this chapter. An owner, manager, or lienholder 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 113 entitled "Means of Appeals" of the 2021 International Building Code or the most recently adopted International Building Code, as amended, with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such revocation.
(c) 
An owner who purchases property after January 1, 2025, and applies for a certificate of occupancy for a multi-family dwelling community which has a current risk rating of 5, may be issued a temporary certificate of occupancy and shall be required to do the following within six (6) months of the application to obtain a certificate of occupancy:
(1) 
Install a heat detection system; and
(2) 
Improve the risk rating to 4 or better.
(d) 
Only one (1) owner per multi-family dwelling community per rolling twelve-month period may take advantage of the provisions of subsection (b) or (c). If such an owner fails to comply with the requirements of subsection (b) or (c), whichever is applicable, the building official shall automatically revoke the temporary certificate of occupancy for failure to meet the minimum housing standards set forth in this chapter.
(e) 
If a multi-family dwelling community receives a risk rating of 5, subsequent upgrades that improve the multi-family dwelling community's risk rating shall not relieve the owner, manager, and lienholder from the requirement of installing a heat detection system. The installation of a heat detection system shall not establish the basis for which a multi-family dwelling community may be maintained with a risk rating of 5. It shall be a violation of this chapter to maintain a multi-family dwelling community at a risk rating of 5 other than temporarily as set forth herein.
(f) 
Ownership changes of a multi-family dwelling community shall not extend any requirement deadlines set forth in this chapter, except as specifically provided herein.
(Ordinance 2008-9000, § 2, adopted 10/2/2008; Ordinance 2024-11035 adopted 12/12/2024)