[1]
Editor's note — Former Art. XI pertained to multifamily housing and derived from Ordinance 2743, adopted 11/13/2003.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building
means a structure on the same lot as the main building.
Apartment
means a room or suite of rooms arranged or designed to be used as a residence by a single family, individual, or group of individuals.
Apartment building
means any structure containing five or more dwelling units.
Apartment community
means any building, group of buildings, or portion thereof, which are designed, built, rented, leased, let, or hired out to be occupied as five or more dwelling units or which are occupied as the home or residence of five or more families living independently from each other and maintaining separate cooking facilities.
Apartment house
means any building or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as five or more dwelling units or which is occupied as the home or residence of five or more families living independently from each other and maintaining separate cooking facilities.
Bathroom
means an enclosed space containing one or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes.
Bedroom
means a room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway.
Building code
means the National Electrical Code, International Building Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code and International Plumbing Code, adopted by the city which was in effect at the time of construction of the building in question.
Building official
means the city building official, building inspector and/or code enforcement officer of the city.
Certificate of occupancy
means a certificate issued by the building official authorizing occupancy.
Current building code
means the most recent edition of the National Electrical Code, International Building Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code and International Plumbing Code, adopted by ordinance and currently in effect in the city.
Dangerous building
means a structure or building where conditions exist as outlined in section 98-461 et seq.
Dwelling
means a structure occupied for a residential purpose.
Dwelling unit
means any room or group of rooms occupied, or which is intended or designed to be occupied as the home or residence of one individual, group of individuals, family, or household for housekeeping purposes; such term includes apartments.
Efficiency unit
means a dwelling unit without a bedroom separate from other living quarters.
Extermination
means the control and elimination of insects, rodents, and vermin.
Family
means any number of persons related by blood, adoption, or marriage, or four or fewer unrelated persons living as a single housekeeping unit.
Fire chief
means the city fire chief or his designated representative.
Floor space
means the total area of all habitable space.
Garbage
means refuse, animal or vegetable wastes (as from a kitchen or food processing facility), ashes, or other household waste which is damp or capable of emitting odors.
Gross floor area
means the total square feet of all floors in a building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever includes the largest area.
Guest
means any person hiring or occupying a room for living or sleeping purposes in a hotel.
Guest room
means any room or rooms used or intended to be used by a guest for sleeping purposes in a hotel.
Habitable room
means a room or enclosed floor space used, or designed to be used, for living, sleeping, cooking, or eating purposes, but not including bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets, storage or utility spaces.
Habitable space
means the space occupied by one or more persons while living, sleeping, eating, or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, or basement or cellar recreation rooms.
Hotel
means any building containing guest rooms in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. Hotels also include "extended stay" type facilities where guests may typically obtain accommodations for prolonged durations.
Hot water
means hot water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit.
Infestation
means the presence within or contiguous to a dwelling unit of insects, rodents, vermin, or other pests.
Kitchen
means a space used for cooking or food preparation.
Landlord
means the owner, lessor, or sublessor of a dwelling, apartment building, or hotel.
License
means a multifamily dwelling license or hotel license.
Litter
means garbage, refuse, rubbish, and all other waste material deposited on the ground or in any place other than in an approved garbage receptacle.
Master metered apartment house
means an apartment house where the occupants are provided one or more utility services for which they do not pay the utility company directly.
Mobile home
means any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons; having no foundations other than the wheels, jacks, or skirtings; so arranged as to be integral to or portable by the mobile home; and includes self-propelled and nonself-propelled vehicles so designed and constructed, reconstructed, or added to by means of accessories in such manner as shall permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for one or more persons.
Motel
shall mean hotel as defined in this section.
Multifamily dwelling community, apartment community
means any building or group of buildings which provide five or more dwelling units on a single platted lot, or if the land on which the building or buildings is unplatted, then any building or group of buildings which provide five or more dwelling units on a tract or on contiguous tracts of land under a common ownership.
Multifamily dwelling or hotel license
means a license issued by the building official pursuant to this article.
Occupant
means any person living, sleeping, cooking, eating in, or having actual possession of a dwelling unit or guest room.
Owner
means a person claiming, or in whom is vested, the ownership, dominion, or title to real property including, but not limited to:
(1) 
The owner of fee simple title;
(2) 
The holder of a life estate;
(3) 
The holder of a leasehold estate for an initial term of five years or more;
(4) 
The buyer in a contract for deed;
(5) 
A mortgagee, receiver, executor, or trustee in control of real property; and
(6) 
The landlord, lessor, or sublessor of a dwelling, apartment building, or hotel.
Person
means an individual, corporation, business trust, estate trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
Plumbing
means gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catchbasins, wash basins, bathtubs, shower baths, waste sewer pipes and sewer systems, septic tanks, drains, vents, traps, any other fuel-burning or water-using fixtures and appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes.
Potable water
means water duly approved as satisfactory and safe for drinking by the water utility department of the city.
Premises
means a lot, plot, or parcel of land including any structures thereon.
Property manager
means a person who has managing control of real property. In a condominium regime, this includes the council of owners.
Provisional certificate of occupancy
means a certificate of occupancy issued on a temporary basis for a period of 30 days unless otherwise noted by the building official or his designated representative.
Refuse
means all putrescible and nonputrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
Regular license fee
means the monetary fee a multifamily dwelling licensee or a hotel licensee must pay per dwelling unit per year.
Resident manager
means an on-site manager or agent of a property manager who is the person with whom the tenant or guest normally deals concerning the rental agreement or apartment building/hotel use of the property.
Roominghouse
means a building providing two or more sleeping rooms for rent, other than an eleemosynary or other nonprofit institution, and other than an apartment house.
Rubbish
means nonputrescible solid waste consisting of either combustible or noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, in cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Secure
means to lock all exterior doors and windows within 24 hours after such units become vacant and exercise reasonable care to maintain such locks as necessary to deter unauthorized entrance into any unoccupied dwelling.
Single location
means property held in common ownership that is on a single tract or on contiguous tracts separated only by public streets.
Structure
means that which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Swimming pool
means any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or physical fitness, or recreational bathing and having a depth of two feet or more at any point. This term does not include lakes or creeks.
Telephone answering service
means a service company, mechanical service, or any other service that establishes contact with or gives instructions how to establish contact with an appropriate person when an occupant, official, or emergency response service needs prompt assistance.
Tenant
means any person who occupies a dwelling unit or guest room for living or dwelling purposes with the landlord's consent.
Utility company
means the entity providing gas, electric service, water or sanitary sewer to a master metered, apartment community or hotel.
Utility interruption
means the termination of utility service to a master metered apartment house, apartment community or hotel, by a utility company for nonpayment of billed service.
Washateria
means a self-service laundry room accessible to all residents and guests, and which contains two or more pairs of washers and dryers.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
Generally.
Buildings or structures may be of any type of construction permitted by the building code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the building code.
(b) 
Shelter.
Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.
(c) 
Protection of materials.
All exterior building materials, including wood siding, trim and framing member shall be protected against damage from adjacent trees and shrubbery; as well as protection against termite damage and decay as provided in the building code.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
Heating.
Dwelling units and guestrooms shall be provided with heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition in accordance with the building code, the mechanical code, and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type and shall not include stoves, hot plates, ovens and fire places.
(b) 
Electrical equipment.
All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where there is electrical power available within 300 feet of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture.
(c) 
Ventilation.
Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the mechanical code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required by this code, such mechanical ventilating systems shall be maintained in operation during the occupancy of any building or portion thereof.
(d) 
Unauthorized entry.
Vacant or unoccupied dwelling units and guest rooms shall be secured from unauthorized entry. Vacant or unoccupied dwelling units and guest rooms shall not be used for storage or for the salvage of parts.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
Dwelling units or guestrooms shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by the building code.
(b) 
Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All exits, including emergency exits, shall be maintained and kept clear of shrubs, debris, overgrowth, and other obstructions that may hinder the use of the exit.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire extinguishing systems or equipment required by the building code in effect at the time the building was constructed.
(b) 
All vent hoods located above cooking appliances shall be equipped with a temporary or permanent fire suppression system as approved by the building official.
(Ordinance 2976, § 1, adopted 1/14/2008)
The landlord, owner, lessor, sublessor and property manager of a multifamily dwelling unit community or hotel shall each be responsible for the maintenance, structural soundness and operative condition of all installed systems including, but not limited to, plumbing, electrical, heating, air conditioning systems thereof, and shall be responsible for providing and maintaining the following:
(1) 
Water and sewer systems, including irrigation and drainage systems.
(2) 
Bathroom facilities—water closet, lavatory, and shower or tub.
(3) 
a. 
Kitchen facilities in apartment communities; including cooking and refrigeration appliances, and a kitchen sink.
b. 
When provided in hotels, kitchen facilities shall be properly maintained.
(4) 
Windows, unless broken out by occupants, but the same shall be repaired before being occupied by new occupants.
(5) 
Window screens on every operable window used for ventilation purposes from a dwelling unit or guest room, directly to or from outdoor space, shall be equipped with insect proof screens unless it can be verified that said screens are broken out by the tenant, but said screens shall be repaired or replaced before the dwelling unit is occupied by a new tenant.
(6) 
Painting, waterproofing, and repair to prevent deterioration due to the elements which shall include, but not be limited to, loose siding with holes, excessive cracks or rotted boards which permit air or water to penetrate rooms, loose roof covering, holes or leaks in roof which cause damage to the structure or rooms, rotting, sagging, or deteriorating supports for steps, stairs, and porches.
(7) 
Extermination of insects, rodents and other pests in all occupied and/or unoccupied units of multifamily dwellings and hotels at least once per year, however, shall be required as necessary to prevent infestations.
(8) 
Central garbage and refuse disposal on the premises.
(9) 
Railings for stairs, steps, balconies, porches, and elsewhere as specified in the building code in effect at time of construction.
(10) 
Repair of holes, cracks and other defects in stairs, porches, steps and balconies reasonably capable of causing injury to a person.
(11) 
Repair of holes, breaks, and loose surface materials that are health or safety hazards in or on floors, walls, and ceilings.
(12) 
Screened cross ventilation openings of not less than 1½ square feet for each 25 lineal feet of wall in each basement, cellar, and crawl.
(13) 
Eliminate any holes, excavations, sharp protrusions, and other objects or conditions that exist on the land and that are reasonably capable of causing injury to a person.
(14) 
Eliminate holes, cracks, and repair damaged fences, retaining walls, dumpster screening, and the like.
(15) 
Fire and smoke detection systems, extinguishing appliances, fire alarm systems, fire sprinkler systems, fire hydrants, and portable extinguishers in accordance with state, federal and local laws. In buildings not equipped with smoke detectors at the time of their construction, one battery powered smoke detector shall be installed in each sleeping room and outside of each separate sleeping area in the immediate vicinity of the bedrooms.
(16) 
Securely cover or close any well, cesspool, or cistern.
(17) 
Drainage to prevent standing and stagnant water on the premises.
(18) 
Removal of dead trees and tree limbs that are reasonably capable of causing injury to a person or property.
(19) 
The interior of vacant structures or vacant portions of structures free from rubbish and garbage.
(20) 
Not allow an overcrowded dwelling unit to be occupied.
(21) 
Install and maintain the parking lot, parking lot lighting, fire lanes and required paved areas, including legible parking stripes and fire lanes in accordance with city ordinances. Accessible parking spaces shall be provided and maintained in accordance with the building code.
(22) 
Air conditioning capable of cooling to 20 degrees Fahrenheit less inside than outside temperatures, and function to at least 15 degrees Fahrenheit below outside temperatures measured at a point not less than five feet from an exterior wall, five feet above the floor, and not in a direct air flow. If the owner pays the electric bill, the owner shall provide the required electricity.
(23) 
All swimming pools in a sanitary condition and remove all water and debris from a swimming pool not so maintained or in accordance with county health department requirements. Decommissioned pools and abandoned pools must be filled with clean fill dirt or permanently covered with approved frame and decking as required by the building official.
(24) 
Provide and maintain all gas service lines to each dwelling unit that is heated by natural gas or gas water-heating devices or cook stove fueled by natural gas. If the owner pays the gas bills, the necessary gas service shall be provided.
(25) 
Maintain floors, walls, ceilings, and all structural members in an accessory structure, in a sound condition capable of bearing imposed loads safely.
(26) 
Repair or replace all broken sewer lines, removing all residues and treating affected areas with a suitable disinfectant within 24 hours of notification.
(27) 
If central air conditioning is provided, it shall be operational at any time that temperatures in any dwelling unit or guest room exceed 85 degrees Fahrenheit. If central heat is provided, it shall be operational at any time the temperature in any dwelling unit in the apartment community is less than 60 degrees Fahrenheit.
(28) 
Maintain rain gutter and storm water drainage systems when provided.
(29) 
Address numbers in accordance with subsection 98-188(7) or other numbering system approved by the building official. Apartment and guest room numbers shall be provided at each entrance of every unit, including units that contain a garage entrance or rear door capable of providing fire department access.
(Ordinance 2976, § 1, adopted 1/14/2008)
The owner, or his agent or manager of a multifamily dwelling community or hotel, shall provide to the building official and each tenant an emergency telephone number which shall be answered 24 hours each day by an employee or agent of the owner or property manager of the multifamily dwelling unit in which the tenant resides, or a telephone answering service in order that the tenant may report emergencies which cannot wait until the first business hours.
(Ordinance 2976, § 1, adopted 1/14/2008)
An occupant shall:
(1) 
Maintain those portions of the interior of a dwelling unit guest room structure under his control free from rubbish, garbage, and other conditions that would encourage infestation of insects, rodents, vermin, and unsanitary conditions;
(2) 
Keep occupied area and all plumbing equipment and facilities provided in a clean, sanitary condition at all times;
(3) 
Not modify, alter or remove plumbing fixtures and heating equipment that the owner supplies in accordance with the applicable city codes;
(4) 
Not alter a dwelling unit or its facilities so as to create a nonconformity with this or any code lawfully adopted by the city;
(5) 
Replace windows and screens if broken out during the tenant's occupancy;
(6) 
Comply with maximum occupancy requirements specified in section 98-543;
(7) 
Adhere to all applicable garbage and trash disposal standards;
(8) 
Not tamper with any required fire protection apparatus; and
(9) 
Not park oversized vehicles exceeding one ton in capacity.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
It shall be unlawful for any person to own, operate, manage or maintain a multifamily dwelling community or hotel in the city without a current and valid license having been issued for each multifamily dwelling community or hotel. Any person owning, operating, managing or maintaining a multifamily dwelling complex and/or hotel at more than one location shall obtain a license for each separate location.
(b) 
An owner, or the owner's authorized agent, of a multifamily dwelling community or hotel shall file with the building official the trade name of his apartment community or hotel, and it shall be unlawful for any person to use or permit to be used more than one trade name at a single location.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
An applicant for a license shall file with the building official a written application upon a form provided for that purpose which shall be signed by the owner, landlord, or his agent or the council of owners of a condominium, or its agent. Should an applicant own a multiple-family dwelling community or hotel at more than one location, a separate application shall be filed for each location. The following information is required in the application: Name, address, and telephone number of the landlord, lessor, sublessor, owner, property manager, resident manager, and insurance company, trade name of apartment complex; names and addresses of all registered agents, if any of the parties above named are corporations; zoning categories; number of dwelling units or guest rooms broken down as to number of efficiencies, one-bedroom, two-bedroom, and three-bedroom; telephone number, name, and address of a person responsible for paying utility bills.
(b) 
All licenses expire on December 31 of each year and shall be renewed no later than January 1 of the following year.
(c) 
The building official may, at any time, require additional relevant information of the owner or property manager to clarify items on the application.
(d) 
When more than 50 percent of the ownership of the apartment complex or hotel changes or there is a change of a general partner, a new license shall be obtained within 30 days of the change by the owner. There is no fee for such a new license.
(e) 
The owner or licensee shall notify the city in writing of each change in ownership and each change in property manager, resident manager, and/or individual responsible for compliance with this article within 30 days of the change.
(f) 
A condominium regime seeking a license shall provide the foregoing information and in addition shall provide a copy of the application file marked by the county clerk of the instrument creating the condominium regime. In addition, the condominium regime shall name a designated agent to receive notices relating to the premises and give the agent's street address and telephone number, as well as name the council of owners. Such council of owners is hereby deemed to be a property manager of the property.
(g) 
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 which 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.
(Ordinance 2976, § 1, adopted 1/14/2008)
License fees will be collected with the monthly water bills of the apartment facility or hotel on a "per unit/per month" basis. No annual license may be issued until all requisites for it have been met and the water utility account has been appropriately modified by the city water department. The fee for a license for any period of time is an amount listed in appendix A per dwelling unit or guest room per year, prorated on a monthly basis. Should additional dwelling units or guest rooms be constructed on the multifamily or hotel premises after a license has been issued, no certificate of occupancy may be issued for the new units until the regular fee per unit has been addressed. Each washateria, clubhouse, or office may be counted as a separate unit and charged as set forth in this section. The fee for issuing a replacement or duplicate license is as listed in appendix A. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
Each license issued, pursuant to this article, to a multiple-family dwelling unit, guest room, or condominium shall be posted and displayed in the business office of the multiple-family dwelling complex office, hotel office, or condominium office or at a conspicuous place to which tenants and guests have access.
(b) 
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 license it replaces.
(c) 
A multifamily dwelling complex or hotel license is not assignable or transferable.
(d) 
The form of the license may be prepared by the building official.
(Ordinance 2976, § 1, adopted 1/14/2008)
Continued maintenance and observance of the standards contained in this article are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. Other standards to be observed in order to secure and maintain an annual license under this section:
(1) 
All city building, electrical, plumbing, energy, heating and air conditioning codes in effect at the time building permits were issued for the structure and health, and fire safety ordinances shall be complied with at all times. However, when a unit or building undergoes renovation or repair of its structure or system which requires a building permit, the renovation or repair must be in compliance with the current codes.
(2) 
Notwithstanding the provisions of other city ordinances, the maximum number of persons per dwelling unit in a multifamily dwelling complex is as follows:
a. 
No more than two occupants per each bedroom are permitted to reside in a unit plus one additional occupant. For example: in a one-bedroom or efficiency unit, the occupancy shall not exceed three; in a two-bedroom unit, the occupancy shall not exceed five; in a three-bedroom unit the occupancy shall not exceed seven.
Exception: If the maximum number of persons per dwelling unit is exceeded due to a recent birth or adoption of a child, the occupants of the dwelling unit may continue to exceed the maximum number stated for no more than six months following said birth or adoption.
b. 
To assist compliance with this requirement, all licensees shall display in a conspicuous place, the following notice:
"CITY OF NORTH RICHLAND HILLS IMPOSES THE FOLLOWING MAXIMUM OCCUPANCY RESTRICTIONS:
"1-Bedroom or Efficiency Unit — No more than three occupants per unit.
"2-Bedroom — No more than five occupants per unit.
"3-Bedroom — No more than seven occupants per unit.
"In the alternative, a licensee may display a similar notice that establishes more restrictive occupancy maximum limitations."
c. 
The licensee shall keep records that reflect the number of tenants in each unit. Said records shall be available for review by the building official during regular working hours and upon receipt of reasonable notice.
d. 
It shall be unlawful and a violation of this section for an owner, property manager or resident manager to knowingly permit or allow a violation of any of the terms of subsection (2)a. of this section.
e. 
Occupancy maximum limitations shall not be applicable to a family residing in a dwelling unit on the effective date of the ordinance from which this article is derived, nor during the time said family continues to reside in the same dwelling unit. This exception does not apply to, permit, or allow any additional unrelated parties to reside in said occupied dwelling unit.
f. 
An owner may establish a more restrictive occupancy limitation for each dwelling unit within an apartment complex, provided that the occupancy is based upon persons per each established bedroom.
(3) 
Notwithstanding the provisions of other city ordinances, the maximum number of guests per hotel guest room shall not exceed two occupants per bed (excluding cots), plus one additional occupant. Stowing furniture, such as hide-a-bed sofas, may be considered as an additional bed.
(Ordinance 2976, § 1, adopted 1/14/2008)
The building official, the fire chief, and the director of health services, or their designees, are authorized to make inspections to determine the condition of dwelling units, guest rooms, and premises located within the city.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
The building official, the fire chief, and the director of health services, or their designated representatives are authorized to routinely inspect, and the owner, resident manager, and property manager in making application for license, consent and agree to allow inspection, in whole or in part, as deemed necessary, at least twice a year of:
(1) 
The exterior of the structures and all of the common grounds of all multifamily housing complexes and hotels;
(2) 
Any or all unoccupied dwelling units and guest rooms;
(3) 
Any or all occupied dwelling units and guest rooms;
(4) 
Any or all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms, and all other portions of the facility not constructed as dwelling units or guest rooms;
(5) 
Any dwelling unit, guest room, common grounds, or other structures upon receipt of a complaint from any person, city department or division that any dwelling unit, common grounds, or other structure may be in violation of this article; and
(6) 
All dwelling units and guest rooms in all parts of the city to determine whether they are uninhabitable, dangerous, or otherwise in violation of this article.
(b) 
All complaints to the above referenced officials shall be in writing, signed and dated by the complainant. A copy of this written notice shall serve as right of entry to conduct inspections in the complainant's dwelling unit or guest room. If the complaint is in regard to the common area of a condominium, the complaint shall be delivered to the person designated by the council of owners, if any such person has been designated. A copy of the complaint filed with the agent for the council of owners and submitted to the above referenced officials shall be accepted as written notice.
(c) 
The building official, or his designee, and the owner, resident manager, and/or property manager may agree on a reasonable date and time for each inspection.
(d) 
The building official, the director of health services, or fire chief upon presentation of proper identification to the occupant in charge of any unit, may enter, with the occupant's permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to person, loss of life, or severe property damage, the building official, the director of health services, and the fire chief may, after presentation of proper identification, enter the aforementioned dwellings at any time. Except in the above referenced emergencies, whenever the building official, the director of health services, or fire chief is denied admission to inspect any premises under this provision, inspections may be made under the authority of a warrant issued by a magistrate. With the approval by the building official, the frequency of inspections may be reduced once per year if the apartment complex is found to have deficiencies in less than five percent of the living units.
(e) 
The building official, the fire chief, and/or the director of health services are authorized to order living units or guest rooms vacated if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, health or safety of the public or of the occupants.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
Remedies on reinspection.
Upon reinspection, if a condition previously identified as a violation of this article continues to exist after notice has been given to the owner or the owner's agent to abate the condition within a reasonable time period, the building official, director of health services, or fire chief, or their designated representative, shall have the following options:
(1) 
Grant an extension if:
a. 
The condition does not pose an immediate threat to life or health safety; and
b. 
The owner or owner's agent has demonstrated a reasonable attempt to comply:
1. 
By securing the services necessary, by contract or signed bid, that will achieve compliance within a reasonable time period;
2. 
But is unable to abate the conditions within the allotted time due to the unavailability of materials, labor, utilities or by elements beyond the owner's or owner's agent's control; or
3. 
The work started will be completed within a reasonable time.
(2) 
File a complaint with the city attorney or cause a municipal court case to be filed against the owner, owner's agent, or occupant when the allotted time has elapsed.
(3) 
Issuance of a citation against the owner, owner's agent, or occupant.
(b) 
Revocation of certificate of occupancy and license.
For failure to comply with the terms of this article after receipt of a written notice of the violation from the building official, director of health services, or fire chief setting out the violations and in the reasonable time allowed to rectify the violations, the owner's certificate of occupancy may be withdrawn in whole or in part and the license authorized by this article may be canceled for those units or structures in violation. The building official, director of health services, the fire chief, or their designees are authorized to order specific living units or guest rooms as "temporarily out of service" and the unit or guest room vacated while the owner completes repairs. The building official may notify all public utility companies serving the apartment complex or hotel that the certificate of occupancy for the units in violation has been withdrawn and request that all public utility services are discontinued from those units in violation.
(c) 
Reinstatement of certificate of occupancy and license.
The certificate of occupancy and license, if revoked, may be reinstated or reissued by the department of building inspections upon compliance with the violation notice and on request by owner, landlord, or property manager.
(d) 
Provisional certificate of occupancy.
A provisional certificate of occupancy may be issued by the department of building inspections if utilities are necessary for repairs or renovation of a unit or structure and when necessary repairs could be performed in an occupied unit or building without any threat to the occupants' life or health safety.
(Ordinance 2976, § 1, adopted 1/14/2008)
For the purpose of making the inspections authorized and required by the provisions of this article, the building official, fire chief, and director of health services are hereby authorized to enter, examine and survey at all reasonable times all dwelling units, guest rooms and all premises within the city. Should the occupant, landlord, property manager, or other person in charge refuse entry, the inspector may secure a warrant to enter said premises.
(Ordinance 2976, § 1, adopted 1/14/2008)
The building official, the director of health services, or fire chief may charge a fee as listed in appendix A for each building he is called upon to inspect by any rule or requirement of a governmental agency other than the city. The owner, owner's agent, or occupant shall pay the fee before the department of building inspections, the director of health services, or fire chief makes an inspection.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
The owner, landlord, resident manager or property manager of such property may appeal any decision or order of the building official, if it is in conflict with the provisions of this article to the substandard building board by filing with the building official, within seven days of such decision or order, a written appeal to the city manager on a form to be supplied by the building official.
(b) 
As soon as practicable after receiving the written appeal, the substandard building board may establish a date, time, and place for the hearing of the appeal. Written notice of such date, time and place of the hearing may be given to each appellant by the building official, or his agent, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the written appeal, or if none, to the address shown on the last issued license.
(c) 
Failure of any person to file an appeal in accordance with the provisions of this article is a waiver of his right to a hearing, and the building official's decision shall be final.
(d) 
Orders of the building official are stayed pending appeal.
(e) 
The decision of the substandard building board shall be final.
(Ordinance 2976, § 1, adopted 1/14/2008)
Before providing utility service to a new account at a master metered apartment house or hotel, a utility company may:
(1) 
Obtain the name and address of the owner of the building.
(2) 
Obtain the name and address of the property manager responsible for paying the utility bills.
(3) 
Maintain a record of the information obtained and may make it available to the director of health services, building official, or the fire chief.
(4) 
Obtain the name and address of the first lienholder, if any.
The applicant for utility service may provide the information required herein to the utility company.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
A utility company may make a reasonable effort (including, but not limited to, messenger delivery) to provide notice of a pending utility interruption to tenants of a master metered apartment house complex or hotel.
(b) 
A person commits an offense if he interferes with an employee of a utility company posting notices of a utility interruption at dwelling units of a master metered apartment house or hotel, or removes a notice of utility interruption posted at a dwelling unit of master metered apartment house.
(c) 
It is a defense to prosecution under subsection (b) of this section that the person is a resident of the dwelling unit from which notice is removed.
(d) 
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, manager, or property manager of a master metered apartment house or hotel, prior to disconnecting service.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
The owner or property manager of a master metered apartment house commits an offense if he fails to pay a utility bill and the nonpayment results in the interruption to any dwelling unit of a utility service essential to the habitability of the unit and the health of the occupants. Essential utility services are gas, electric, water and sanitary sewer.
(b) 
The owner or property manager of master metered apartment house who violates subsection (a) of this section is guilty of a separate offense for each dwelling unit to which utility service is interrupted.
(c) 
It is a defense to prosecution under this section that the tenant occupying a dwelling unit to which utility service is interrupted is in arrears in rent to the owner or property manager of the master metered apartment house.
(Ordinance 2976, § 1, adopted 1/14/2008)
(a) 
When the director of health services, the building official, or the fire chief determines that there is a violation of this article, they may give notice of the violation to the owner, property manager, or the person responsible. The notice shall be in writing, specifying the alleged violations and providing a reasonable length of time for compliance. Notice to the owner or property manager of or any other person having a vested interest in a multifamily dwelling complex shall be effective upon placing it in the U.S. mail, postage prepaid, and addressed to the name and address shown on the multifamily dwelling complex application for the current multiple-family dwelling complex license or in hand delivery.
(b) 
If the owner or property manager of the property resides outside the county, the director of health services, the building official, or the fire chief may give notice to the property manager or on-site property manager. Upon receipt of a notice of violation, a property manager or on-site property manager, shall notify the owner of the specifics of the notice of violation and shall make every reasonable effort to have the owner or property manager correct the violation.
(c) 
The building official, director of health services, or the fire chief have the authority to enforce the provisions of this article.
(Ordinance 2976, § 1, adopted 1/14/2008)
Any person, firm or corporation violating any provision of this article dealing with safety shall be deemed guilty of a misdemeanor and, upon final conviction thereof, fined as provided in section 1-13.
(Ordinance 2976, § 1, adopted 1/14/2008)