In this article:
Approved
means complying with all applicable federal, state and local laws, regulations and ordinances. In the absence of such laws, regulations or ordinances, “approved” shall mean in conformance with applicable nationally recognized standards or specifications.
Approved repairs
means such repairs as may be necessary to attain compliance with the requirements of this Code, performed in a good and workmanlike manner, and done in accordance with generally accepted standards and by using materials and methods commonly used by persons engaged in the making of such repairs in a professional manner.
Board
means the Building and Standards Commission, known as the Property Standards Board, as established under section 32.25.
City
shall mean the City of Garland, acting through its City Manager or his designee.
Clean
means free from dirt, impurities or multiple stains; hygienic conditions and practices that serve to promote or preserve health.
Comfortable temperature zone
means no less than 68 degrees Fahrenheit and no more than 81 degrees Fahrenheit.
Communicable disease
means an illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir to a susceptible host, either directly, as from an infected person or animal, or indirectly through an intermediate plant or animal host, a vector, or the inanimate environment.
Comprehensive premises inspection
means the inspection of all dwelling units, laundries, storage rooms, club houses, meeting rooms, offices, building exteriors, swimming pools and grounds of a multifamily dwelling.
Dwelling unit
means a building or structure designed or occupied as a residence for humans.
Easily cleanable
means surfaces that are readily accessible, and made of such materials and finishes and so fabricated that residue may be effectively removed by normal cleaning methods.
Equipment
means any items used in connection with the operation of a lodging establishment including but not limited to any washer, dryer, ice machine, fans, air-conditioning units, heaters, refrigerators, or cooking units.
Excessive
means more than a usual, multiple or an unreasonable number.
Extended stay
means guests that stay for a week or longer in length.
Fixtures
means any sinks, bathtubs, showers, toilet fixtures, or any other such items used in connection with the operation of a lodging establishment.
Furnishings
means any bedding, furniture, lamps, carpeting, floor coverings, wall coverings, ceiling tiles, or similar items furnished or used in connection with the operation of a lodging establishment.
Guest
means any person who occupies a guest room in a lodging establishment.
Habitable
means the space, floor area or room in a dwelling unit used for living, sleeping, cooking and eating but excludes bathrooms, laundry rooms, pantries, closets and other storage space, foyers, hallways and utility rooms.
Hot water
means water heated to a temperature of at least 110 degrees Fahrenheit measured at the faucet outlet.
Improper
means not approved, inadequate, deteriorated, defective, insufficient or not in operating condition.
Linens
means the sheets, top sheets, and pillow covers for a bed, excluding coverlets and comforters.
Lodging establishment
means any building, complex of buildings, trailer, or any other facility in which the public may, for a consideration, obtain sleeping accommodations. The term includes hotels, motels, tourist homes, houses or courts, lodging houses, cabins, inns, rooming houses, trailer houses, trailer motels, dormitories where bed space is rented, apartments not occupied by permanent residents, short-term rentals, and all other facilities where rooms or sleeping facilities or space are furnished for consideration. The term “hotel” does not include hospitals, sanitariums, nursing homes, jails, prisons or detention centers, dormitories or housing facilities of the type described in section 156.001(2) of the Texas Tax Code or an oilfield portable unit, as defined by section 152.001 of the Texas Tax Code. For purposes of this article, the term “lodging establishment” does not include a short-term rental if the premises are occupied by the owner as the primary, permanent residence of the owner and the premises are not used as a short-term rental for more than five days consecutive days in any 30 day period, or for more than 30 days in any calendar year. The term “lodging establishment” does not include a residence or portion of a residence rented to a member of the resident’s family.
Lodging room
means any room where sleeping accommodations are regularly offered to the public.
Multifamily dwelling
means a building or buildings containing three or more dwelling units.
Operating condition
means free of leaks, safe, sanitary and in good working order.
Owner
means subject to the provisions of section 10.05(C) of this Code, a person in whom is vested the ownership or title of real property, including, but not limited to:
(1) 
The holder 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) 
After the third year of the buyer’s occupancy, the buyer in a contract for deed;
(5) 
A mortgagee, receiver, executor, or trustee in control of real property; and
(6) 
The named grantee in the last recorded deed; but not including the holder of a leasehold estate or tenancy for an initial term of less than five years.
Premises
means a lot, tract or parcel of real property, or portion thereof, including any buildings and structures on the land in a residential or nonresidential zone.
Property manager
means a person who, for any form of consideration, has managing control of a premises.
Required
means mandated by federal, state or local law, regulation or ordinance or necessary in order to place into operating condition.
Short-term rentals
means a land use located within a residential zoning district or within 200 feet of a residential zoning district, which has been (1) advertised as available for rent, lease, license, or use for a period of less than 30 calendar days; or (2) rented, leased, or licensed to a person other than an owner, for a period of less than 30 calendar days.
Single service articles or utensils
means cups, containers, ice bucket liners, stirrers, paddles, straws, napkins, doilies, wrapping materials and similar articles intended to be used one time and then discarded.
Violation categories
are defined as follows:
(1) 
Life safety violation.
A violation of the nuisance code, health code, Fire Code, or Building Code that represents an imminent threat of death or injury to persons on the premises of a single-family or multifamily dwelling.
(2) 
Critical violation.
A minimum housing standard violation or a health code violation that is capable of causing or contributing to injury or illness of occupants.
(3) 
Noncritical violation.
A minimum housing standard or minor health code violation that:
(a) 
Represents defects, damage, or deterioration in or on a structure; or
(b) 
Creates a decrease in general sanitation or hygiene.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, secs. 1–3, adopted 5/1/07; Ordinance 6671, sec. 1, adopted 1/21/14; Ordinance 6740, sec. 3, adopted 10/6/14; Ordinance 7054, secs. 2–3, adopted 5/7/19; Ordinance 7403 adopted 2/21/2023)
(A) 
The owner of a premises that is substandard commits an offense. The occupant of a substandard premises commits an offense if the occupant causes or has caused the premises to be substandard.
(B) 
It shall be a violation for an owner or occupant of a premises or multifamily dwelling to occupy, or allow the occupation of, any structure or building that has been placarded as substandard by the City.
(C) 
Unless otherwise specified in this article, no culpable mental state is required for the commission of an offense under this article.
(D) 
In addition to imposing a criminal penalty, the City shall have the power to enforce any provision of this article and any applicable provision of this Code under the provisions of subchapters B and C of chapter 54 of the Texas Local Government Code. No enforcement remedy shall be exclusive of any other remedy the City may have under state law or City ordinances.
(E) 
Whenever a routine inspection is made for an alleged violation at a premises or multifamily dwelling, the findings shall be recorded on a form approved by the City. The owner or property manager or other person in charge of the property shall be provided a copy of the inspection report, either in person or by mail. Notice of the alleged violations has been given to an owner when a copy of the inspection report: (1) is delivered in person to any owner, manager, or person in charge of the property; or (2) two days after the copy of the inspection report is deposited with the US Postal Service, addressed to any owner, manager, or person in charge of the property, with proper postage affixed. The inspection report may establish violation categories as defined in section 32.01, which shall be corrected within a time as established in subsection (F). The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(F) 
A violation listed in a notice of violation issued under subsection (E) shall be corrected in accordance with the time specified in the notice of violation, subject to the following:
(1) 
A life-safety violation shall be corrected within 24 hours of the issuance of the notice of violation;
(2) 
A minimum of 72 hours shall be allowed for the correction of a critical violation; and
(3) 
A minimum of 30 days shall be allowed for the correction of a noncritical violation.
(G) 
All of the provisions [of] articles I and II of this chapter shall apply to nonresidential premises with the exception of:
(1) 
Section 32.01 (comfortable temperature zone), (communicable disease) and (multifamily dwelling);
(2) 
Section 32.03(1)(a) and (b);
(3) 
Section 32.03(3);
(4) 
Section 32.04;
(5) 
Section 32.07;
(6) 
Section 32.09 through section 32.11;
(7) 
Section 32.50 (garage sale), (institutional site garage sale), (multifamily residence garage sale) and (single-family residence garage sale);
(8) 
Section 32.53(J) through (M);
(9) 
Section 32.56(C); and
(10) 
Section 32.57(C) through (F).
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, sec. 4, adopted 5/1/07; Ordinance 6740, secs. 4–6, adopted 10/6/14)
A premises is substandard under this article if any one or more, in any combination, of the following conditions exists on the premises:
(1) 
Inadequate sanitation.
(a) 
Lack of a bathroom or the existence of an improper bathroom.
(b) 
Lack of or an improper kitchen.
(c) 
Lack of hot and cold running water to plumbing fixtures.
(d) 
Lack of or improper required heating, mechanical ventilation or electric facilities.
(e) 
Lack of required amounts of natural light and ventilation.
(f) 
Lack of or improper space or floor area.
(g) 
Lack of required electrical lighting.
(h) 
Dampness of habitable space.
(i) 
Infestation of insects, vermin or rodents.
(j) 
The existence of dead trees, tree limbs, holes, excavations or other conditions reasonably capable of causing injury to a person.
(k) 
Lack of or improper connection to required sewage disposal.
(l) 
Lack of or improper garbage and rubbish storage and removal facilities.
(m) 
Lack of or improper drainage so as to prevent standing or stagnant water on the premises.
(2) 
Structural hazards.
(a) 
Improper foundations.
(b) 
Improper flooring or floor supports.
(c) 
Flooring or floor supports of insufficient size to carry imposed loads safely.
(d) 
Members of walls, partitions or other vertical supports that split, lean, list, or buckle due to defective material, deterioration, or improper construction.
(e) 
Members of walls, partitions or other vertical supports that are insufficient size to carry imposed loads safely.
(f) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material, deterioration, or improper construction.
(g) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety.
(h) 
Fireplaces or chimneys which list, bulge or settle due to defective material, deterioration, or improper construction.
(i) 
Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads safely.
(j) 
Lack of or improper required railings, stairs, steps and balconies.
(3) 
Faulty or insufficient smoke detectors.
(a) 
Each dwelling unit within a multifamily dwelling, and each single-family residential dwelling regulated under section 32.09 shall be equipped with at least one smoke alarm on each floor of the dwelling unit or single-family residential dwelling and within each sleeping room. In addition, if multiple sleeping rooms are served by the same corridor, at least one smoke alarm must be installed in the corridor in the immediate vicinity of the sleeping rooms. Unless otherwise required by the Building Code applicable at the time of construction, a smoke alarm may be either battery-operated or hard-wired.
(b) 
All required smoke alarms shall be maintained in proper working order. It shall be unlawful for any person including, without limitation, an occupant of a dwelling, to render a smoke alarm inoperable by removal of the batteries or other source of power for the smoke alarm except during battery replacement or repairs to the smoke alarm.
(c) 
A lodging establishment shall be equipped with smoke detectors as required by chapter 792, Texas Health and Safety Code.
(4) 
Improperly maintained roofs.
Roofs shall be maintained in good condition to prevent buckling, rotting, curling or other defects. In the event that an improperly maintained roof is found to be failing, the City may require the repair or replacement of the roof to prevent consequential damage to the structure. Roof replacement materials, if not replaced on the entirety of the surface, shall be of similar material and color as the existing roof. Roof defects, when accompanied by other minimum housing violations, shall establish grounds for an interior inspection of the dwelling to determine failure of the roof and the existence of other deficiencies related thereto.
(5) 
Hazardous wiring.
Any wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in operating condition.
(6) 
Hazardous plumbing.
Any plumbing except that which conformed with all applicable laws in effect at the time of installation, which has been maintained in operating condition and which is free of cross-connections or siphonage between fixtures.
(7) 
Hazardous mechanical equipment.
Any mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in operating condition.
(8) 
Faulty weather protection.
(a) 
Improper, crumbling or loose plaster or wall coverings.
(b) 
Lack of or improper waterproofing of exterior walls, roof, foundations or floors, including broken windows and doors.
(c) 
Lack of or improper weather protection for exterior wall coverings including lack of paint, or weathering due to lack of paint or other approved protective covering.
(d) 
Lack of or improper exterior wall coverings or roof coverings.
(9) 
Inadequate exits.
Any building, or portion thereof, not provided with adequate exit facilities as required by this article, except, those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of construction. When an unsafe condition exists due to improper location of exits, additional exits may be required to be installed.
(10) 
Improper occupancy.
Any building, or portion thereof, occupied for living, sleeping, cooking or dining purposes which was not designed or intended to be used for such occupancies.
(11) 
Unsecured buildings.
Any building that is vacant and open. A building is open if any door, window or other opening is not securely closed to prevent unauthorized entry.
(12) 
The International Property Maintenance Code as referenced and adopted by reference in section 30.270 shall apply to all existing nonresidential structures and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, secs. 5, 6 adopted 5/1/07; Ordinance 6534, sec. 10, adopted 4/3/12; Ordinance 6671, sec. 2, adopted 1/21/14; Ordinance 6740, sec. 7, adopted 10/6/14)
(A) 
Room, space and floor area.
(1) 
Ceiling heights.
(a) 
Habitable space shall have a ceiling height of not less than seven (7) feet except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight (48) inches on center, ceiling height shall be measured to the bottom of those members. Where exposed beam ceiling members are spaced at forty-eight (48) inches or more on center, ceiling height shall be measured to the bottom of the deck supported by those members provided that the bottom of the members is not less than seven (7) feet above the floor.
(b) 
In a room with a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of a room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. In a room with furred ceiling, the prescribed ceiling height is required in two-thirds of the area thereof, but in no case shall the height of the furred ceiling be less than seven (7) feet.
(2) 
Floor area.
(a) 
Floor area.
Every dwelling unit shall have at least 150 square feet of habitable floor area for the first occupant and 100 square feet of habitable floor area for each additional occupant. Except for kitchens, habitable rooms shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes the required floor area of 70 square feet shall be increased at the rate of fifty square feet for each occupant in excess of two.
(b) 
Nothing in this subsection shall prohibit the use of an efficiency living unit within a multifamily dwelling that meets the following requirements:
(i) 
The unit shall have a living room of not less than two hundred twenty (220) square feet of habitable floor area. An additional one hundred (100) square feet of floor area shall be provided for each occupant of such unit in excess of two (2).
(ii) 
The unit shall be provided with a separate closet.
(iii) 
The unit shall be provided with a kitchen sink, cooking appliances and refrigeration facilities each having a clear working space of not less than thirty (30) inches in front.
(iv) 
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(3) 
Width.
No habitable room other than a kitchen shall be less than seven (7) feet in dimension. Each water closet stool shall be located in a clear space not less than thirty (30) inches in width. A clear space in front of the water closet stool of not less than twenty-four (24) inches shall be provided.
(4) 
Capacity.
A dwelling unit shall not be occupied by more persons who are unrelated to the first person listed on the deed as the owner (or first signatory on the lease if the property is leased) by blood, adoption or marriage, than the greater of (i) three unrelated persons in addition to the owner or first signatory on the lease; or (ii) to the extent that the dwelling unit contains sleeping rooms with a minimum floor area of 70 square feet, the number of persons who may occupy the dwelling unit shall be no less than one person per sleeping room; provided further that, to the extent that for each sleeping room containing an additional 50 square feet of floor area in addition to the minimum, one additional occupant for each additional 50 square feet shall be permitted, with the exception of:
(a) 
Children who are related to an occupant of the dwelling unit by blood, adoption, or marriage within two degrees of affinity or consanguinity; and
(b) 
Minor children who occupy the dwelling unit as a lawfully placed foster child.
(B) 
Light and ventilation.
(1) 
Natural light and ventilation.
All habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than the greater of one-tenth of the floor area of such room or ten (10) square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of operable exterior openings with an area not less than the greater of one-twentieth of the floor area of such room or one and one-half (1-1/2) square feet. All habitable rooms within a dwelling unit shall be provided with natural ventilation by means of operable exterior openings with an area of not less than the greater of one-twentieth of the floor area of such room or five (5) square feet.
(2) 
Origin of light and ventilation.
Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building or when allowed by other law. Required exterior openings may open into a roofed porch where the porch:
(a) 
Abuts a street, yard or court;
(b) 
Has a ceiling height of not less than seven (7) feet; and
(c) 
Has a longer side at least sixty-five (65) percent open and unobstructed.
A required exterior opening in a room may open into a vent shaft which is open and unobstructed to the sky and not less than (4) feet in least dimension. No vent shaft shall extend through more than two (2) stories.
For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area on the interior room or twenty-five (25) square feet, whichever is greater.
(3) 
Mechanical ventilation.
In lieu of required exterior openings for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two (2) air changes per hour in all habitable rooms and in public corridors. One-fifth of the air supply shall be taken from outside. In bathrooms, water closet compartments, laundry rooms and similar rooms, a mechanical ventilation system shall be connected directly to the outside and shall be capable of providing five (5) air changes per hour.
(4) 
Hallways.
All public hallways, stairs and other exit ways shall be adequately lighted at all times in accordance with the requirements of the Building Code.
(C) 
Sanitation.
(1) 
Dwelling units.
Every dwelling unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower.
(2) 
Kitchen.
Every dwelling unit shall be provided with a kitchen and kitchen sink. Wooden sinks or sinks of similarly absorbent material are prohibited.
(3) 
Fixtures.
All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water under adequate pressure necessary for normal operation. All tubs, lavatories and commodes shall be of an approved glazed earthenware type or of a similar approved nonabsorbent material.
(4) 
Room separations finish.
Every water closet, bathtub or shower required by this article shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or food storage rooms. Every bathroom shall have an approved moisture-resistant finish on the flooring or subflooring.
(5) 
Floor coverings.
When in the opinion of the City, the floor covering of a dwelling unit, which is leased or rented to a party other than the owner, is in a condition that normal cleaning will not reduce mold spore and bacterial concentrations to safe levels, the floor covering shall be replaced with new floor covering which conforms to the currently adopted version of the International Building Code.
(D) 
Mechanical requirements.
(1) 
Heating.
Every dwelling unit shall be provided with approved heating facilities in operating condition capable of maintaining a room temperature of seventy-one (71) degrees Fahrenheit at a point three (3) feet above the floor in all habitable rooms.
(2) 
Electrical power.
If electrical power is available, the dwelling unit shall be connected to such electrical power. Every habitable room shall contain at least two (2) supplied electrical convenience outlets or one (1) convenience outlet and one (1) supplied electrical light fixture. Every bathroom, laundry room, and public hallway shall contain at least one (1) supplied electric light fixture. Electric circuits and outlets shall be maintained in operating condition and shall be sufficient to safely carry a load consistent with the standards contained in the version of the National Electrical Code most recently adopted by the City.
(3) 
Water heaters.
All water heaters shall be installed in accordance with the Plumbing Code and shall be provided with an over-temperature safety device manufactured, listed and installed in accordance with applicable nationally recognized safety standards for such devices. Every water heater shall have a discharge line the same diameter as the outlet and shall drain to the exterior of the building. If it is not reasonably possible to drain the discharge line to the exterior of the building, the line shall terminate not less than six (6) inches nor more than eight (8) inches from the floor. No water heater which depends upon direct combustion of fuel for heat shall be installed in any room used for sleeping or in a bathroom, nor in any closet or other confined space opening into a sleeping room or bathroom. In buildings constructed prior to the adoption of this section, the water heater may be installed in any location as long as approved safety dividers or shields are properly in place for the water heater and the installation does not create an additional hazard.
(4) 
Ventilation for fuel-burning devices.
Each heating and cooking device that burns solid fuel shall be properly connected to a chimney or flue. Chimney, flue and vent attachments shall be maintained in operating condition.
(5) 
Air conditioning.
(a) 
Refrigerated air equipment shall be provided in any dwelling unit or lodging room that is occupied by, rented or leased to a party other than the owner and shall be maintained in operable condition and must be capable of maintaining the inside of the dwelling unit or lodging room at a comfortable temperature zone, not to exceed a maximum temperature of 81 degrees Fahrenheit from May 1 through October 1.
(b) 
It shall be an affirmative defense to this section if the outdoor ambient temperature exceeds 101 degrees Fahrenheit and the indoor ambient temperature can be maintained at no less than 20 degrees below the outdoor ambient temperature.
(6) 
Each owner of a multifamily dwelling or lodging establishment which utilizes a cooling tower as a functional portion of an HVAC system shall, at the owner’s expense, perform annual testing of the cooling tower for the presence of Legionella pneumophila. The testing shall be performed by a third-party entity using analytical and collection procedures approved by the City. In the event that the property owner cannot provide a proper sampling technique, the property owner, on a form provided for such use by the City, may request that the sample be obtained and tested by the City Health Department and reimburse same for incurred expenses. The owner shall provide the laboratory test report to the City within 10 days of receipt for negative results and within 48 hours of receipt for positive test results.
(7) 
When, in the opinion of the City, there is epidemiologic, microbiological, or physical evidence of the presence of a bacterial or fungal pathogen within the water supply, cooling tower(s), or HVAC system of a multifamily dwelling, the owner shall, at the owner’s expense, utilize a third-party testing entity and perform tests for human pathogens. The owner shall test for any pathogens specified by the City utilizing analytical procedures approved by the City. The owner shall provide the original document of the test results to the City within 48 hours of receipt by the owner.
(E) 
Exits.
(1) 
Every dwelling unit shall have access directly to the outside or to a public corridor.
(2) 
Every sleeping room below the fourth story shall have at least one operable window or exterior door for emergency egress. The window or exterior door shall be operable from inside the dwelling without the use of tools or separate devices. All required egress windows and doors shall have the following minimum dimensions:
(a) 
(i) 
A minimum net clear opening of five square feet on the first floor and five and seven-tenths square feet on the second and higher floors;
(ii) 
A minimum net clear opening height of twenty-four inches;
(iii) 
A minimum net clear opening width of twenty inches; and
(iv) 
If the required opening is a window, a finished sill height of not more than forty-four inches above the floor; or
(b) 
The minimum dimensions required by law applicable at the time the dwelling was constructed.
(F) 
Lodging establishments.
All of the provisions of this section apply to lodging establishments with the exception of subsections (A)(2), (A)(4), (B)(1), (B)(2), and (C)(2). The following additional standards shall apply to lodging establishments but do not apply to single-family or multifamily dwellings unless required by another provision of this Code:
(1) 
Furnishings shall be maintained in good condition and clean. Furnishings with excessive wear, tears, or stains shall be replaced.
(2) 
After each occupancy, the guest room shall be vacuumed, the linens in the guest room shall be replaced with clean linens, smooth surfaces on all fixtures shall be cleaned and sanitized, and trash shall be removed from the room. Glasses, pitchers, ice buckets, coffee pots, and eating and cooking utensils (other than disposable, single-use utensils) shall be cleaned and sanitized.
(3) 
All rooms, furnishings, and bedding shall be free from an accumulation or infestation of insects or ectoparasites. If a lodging room becomes infested with insects of any type, the room shall not be occupied until the infestation is controlled. Lodging establishments shall, at a minimum, perform monthly pest control for all lodging rooms, or at more frequent intervals as required by the Director, in order to prevent infestation. Records of pest control treatments shall be made available for review on request by the Director.
(4) 
Soap shall be provided in every lodging room by means of dispensed liquid or with new, individually wrapped bar soap. Used bar soap shall be removed from the lodging room when the guest ends the occupancy. Other toiletries provided by the lodging establishment which have been opened by the guest shall be removed when the guest ends the occupancy. Used soap and toiletries shall be discarded and shall not be used for any other purpose. A dispensed liquid soap shall be provided in all common and public bathrooms and toilets.
(5) 
Single service utensils and single service articles shall be replaced after each occupancy when visibly damaged or evidence of tampering or contamination exists.
(6) 
Ice provided to guests in any manner shall be produced only from potable water. Ice machines shall be free from visible trash and sediment. Ice shall not be made or stored in an owner’s or manager’s private refrigerator or private living areas. Ice that is not produced at the lodging establishment shall be obtained from an approved source and shall be properly labeled and protected from contamination during transportation and storage. Ice machines shall be of sanitary, durable, corrosion-resistant, and easily cleanable construction. Ice machines shall be kept sanitized and in good repair. Ice storage bins shall be drained into an approved sewage system and must have a physical air gap. When replacement of a self-service ice machine becomes necessary or additional machines are added, an automatic self-serve ice dispensing machine shall be installed instead. Ice machines shall be located in a place that provides protection from the elements and possible sources of contamination. Exterior ice machine locations shall have, at a minimum, overhead protection. The area shall be kept clean and shall be free of accumulation of excessive moisture, drippage, or trash. An ice machine with a storage bin for ice shall be equipped with an ice scoop that is attached to the ice bin with a tether of easily cleanable material. The tether shall be of such a length to prevent the scoop from touching the ground and shall be maintained in a clean and sanitary condition.
(7) 
Lodging rooms shall be provided with clean linens for every bed in the room and enough towels for at least two occupants. All linens, towels, and laundry provided to a guest shall be provided in a clean, sanitary condition without excessive stains or damage. During laundering, clean linens, towels, and laundry shall be kept in separate carts and stored away from soiled linens, towels, and laundry. Clean linens, towels, and laundry shall be protected from dust, dirt, vermin, or other contamination.
(8) 
Lodging establishments with non-guest laundry facilities shall use the laundry only for the washing and drying of linens, towels, uniforms, and aprons necessary to the operation of the lodging establishment; other uses of the laundry are prohibited. Laundry equipment such as washers and dryers shall be of commercial-grade and shall be installed and used according to manufacturer’s instructions and specifications. Laundry facilities shall be separated from any other permanent living quarters by complete partitioning and solid self-closing doors. Traffic through or use by guests of a non-guest laundry facility is prohibited. Laundry facilities for the use of guests, if provided, shall be located separate from non-guest laundry facilities. Guest laundry facilities shall be clean and maintained in good repair.
(9) 
Lodging establishments shall in general be kept in a clean and sanitary condition and in good repair. Kitchen amenities in guestrooms with kitchens or kitchenettes shall be properly maintained and in good working order.
(10) 
The lodging establishment shall keep, for a period of no less than ninety days, records of the cleaning frequency of rooms that are used for extended guests stays. The records shall include information regarding the last cleaning performed and any room damage or repairs.
(11) 
No employee of a lodging establishment who is a carrier of or infected with a communicable disease (as specified by the Health Authority), or who is affected with a boil, an infected wound or an acute respiratory infection, shall work in a lodging establishment in any capacity in which there is a likelihood that the employee may transmit the disease to other persons. Employees who work with or handle single service items, such as clean laundry, ice or beverages or who perform tasks that would contaminate their hands shall thoroughly wash their hands and exposed areas of their arms before starting work, after smoking, eating or using the toilet. Employees shall keep their fingernails trimmed evenly and clean. Employees involved in guest services and housekeeping functions shall wear clean clothing, in good repair. When performing cleaning functions that could bring the employee into contact with human waste or bodily fluids, the employee shall be provided protective gloves for optional use.
(12) 
Not more than ten percent of the lodging rooms in lodging establishment may be used for storage purposes. At least ninety percent of the lodging rooms in a lodging establishment shall be available for occupancy or occupied by a guest.
(13) 
A lodging room may not be occupied by more persons than allowed by section 21.01 (fire code) or section 30.01 (building code) which shall be calculated by taking into account the space taken up by luggage and other personal belongings of an occupant that are not stored in a closet, dresser or other building feature or furniture provided by the operator of the lodging establishment.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 4931, sec. 1, adopted 1/9/96; Ordinance 5094, sec. 2, adopted 7/15/97; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, secs. 7–9, adopted 5/1/07; Ordinance 6327, secs. 1, 2, adopted 7/7/09; Ordinance 6671, secs. 3–5, adopted 1/21/14; Ordinance 7645 adopted 2/3/2026)
(A) 
An owner of a premises remains liable for violations of this article even though an occupant of those premises is responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts to delegate responsibility for the premises to the other.
(B) 
Offenses.
(1) 
The owner of a premises which is substandard commits an offense.
(2) 
The occupant of a substandard premises commits an offense if the occupant causes or has caused the premises to be substandard.
(C) 
Approved repairs.
All corrections of the Minimum Property Code standard violations and health hazards shall be completed using approved repairs.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 8, adopted 10/6/14)
(A) 
The City may initiate termination of utility services, or a hold on reconnecting or reinstating utility services that have been terminated, as the case may be, to or for a dwelling unit or premises that is substandard, or unfit for human occupation by certifying, in writing, that the dwelling unit or premises is substandard or unfit for human occupation.
(B) 
Upon initiating a utility termination or hold, the City shall promptly notify the owner by written notice. The owner may appeal the request by serving the City with a written notice of appeal within (5) days of receipt of notice.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 9, adopted 10/6/14)
(A) 
License required.
(1) 
A person who rents or leases to another person three or more residential dwelling units that are part of a multifamily dwelling or who operates a lodging establishment must obtain and maintain a current and valid multifamily/lodging license issued in accordance with the provisions of this section. Notwithstanding anything contained in this section, the provisions of section 32.09 relating to single-family dwelling units shall apply to any person who rents a residential dwelling unit in a multifamily dwelling to another person in a number, at different locations, or under circumstances that make the provisions of this section inapplicable. A person commits an offense if the person operates or causes to be operated a multifamily dwelling or a lodging establishment without a valid multifamily/lodging license issued by the City under the provisions of this section.
(2) 
Exception. A premises that is being used as a single-family or short-term rental shall be licensed under section 32.09 of the Code of Ordinances.
(3) 
As used in this section:
(a) 
“Representative sample” means any number of dwelling units at the multifamily dwelling or lodging establishment as determined by the Director of Code Compliance based upon criteria such as, but not limited to, the age of the dwelling units, buildings, and structures, past inspection performance, and complaint history.
(b) 
“Comprehensive inspection” means an interior and exterior inspection of all of the dwelling units and non-dwelling buildings and structures comprising a multifamily dwelling or lodging establishment, including without limitation common areas, offices, storage rooms, mail rooms, laundry facilities, and parking lots.
(c) 
“Licensee” includes, unless the context clearly requires the restrictive meaning, an applicant for a multifamily/lodging license as well as the holder of a license.
(B) 
Application for license; required information and certifications.
An applicant for a license shall file with the City a written application, on the form provided for that purpose, signed by the owner or an authorized agent of the owner.
(1) 
An application for a license, whether an original or a renewal, must be made to the Director of Code Compliance by the intended operator of the multifamily dwelling or lodging establishment. A signed, completed application form (which may, if allowed by the Director of Code Compliance, be in electronic form and electronically signed) shall be filed with the Director of Code Compliance. An unsigned or incomplete application will not be processed. The application shall require, and the applicant shall provide, the following information:
(a) 
The full name of the owner (whether or not the owner intends to directly operate the multifamily dwelling or lodging establishment) and the full name of the property manager or other intended operator (if the multifamily dwelling or lodging establishment will be operated by a third-party).
(b) 
The owner’s and the property manager’s or operator’s (if any) street address, mailing address (if different), and telephone number.
(c) 
The trade name under which the multifamily dwelling or lodging establishment is or will be operated.
(d) 
The address of the premises on which the multifamily dwelling or lodging establishment is or will be located.
(e) 
The name, mailing address, and telephone number of a person who will act as the applicant’s agent and liaison with the Director of Code Compliance for matters relating to inspections of the premises as required by this section, and to receive notices and other communications provided in this article. The applicant shall provide a telephone number at which a representative of the owner may be contacted at any time in emergencies. Notices sent to the address provided shall be considered as notice to the owner unless the owner provides new information as required in this subsection to the Director of Code Compliance.
(f) 
For multifamily dwellings that contain individually-owned condominium units that are managed by a homeowners association or third-party property management company, the name, address, and telephone number of the homeowners association or third party management company.
(2) 
The original application shall be accompanied by the following:
(a) 
Payment in full, by certified check, cashier’s check, money order or other same-day funds of the required license fee;
(b) 
A statement under oath or certified under penalty of perjury attesting to:
(i) 
The assumed name of the multifamily dwelling or lodging establishment it is operated under an assumed name;
(ii) 
The current owner of the fee simple interest in the premises on which the multifamily dwelling or lodging establishment is located; and
(iii) 
Such other information as required by the Director of Code Compliance necessary to the enforcement of the provisions of this article.
(3) 
Except for new construction, the applicant shall submit evidence with the application that the multifamily dwelling or lodging establishment has been treated for insects, rodents, and vermin within the preceding six (6) months by a person licensed under the Texas Structural Pest Control Act.
(4) 
The applicant shall acknowledge that, as a condition of obtaining and maintaining a valid multifamily/lodging license, an owner must comply with all applicable sections of article III (relating to nuisance abatement), article V (relating to noise control), and article VI (relating to public and semipublic swimming pools) of chapter 22 of this Code and that the provisions of chapter 22 and this chapter that are applicable to dwelling units of a multifamily dwelling or lodging establishment apply equally to related non-dwelling structures of a premises, including but not limited to offices, storage rooms, laundry facilities, club houses, and swimming pool-related buildings.
(5) 
The applicant shall certify that each multifamily or lodging dwelling unit for which the application is submitted is equipped, in accordance with the provisions of section 32.03(3), with properly working smoke alarms and, if the premises are equipped with a cooling tower for air conditioning, a certification of testing for the presence of Legionella pneumophila as required by section 32.04(D)(6); and
(6) 
The applicant shall certify that no multifamily dwelling unit will violate the occupancy limits established by section 32.04.
(C) 
Application deadline; term.
(1) 
Applications for a multifamily/lodging license are due by January 1 of each calendar year.
(2) 
A multifamily/lodging license is valid from the effective date stated on the issued license until December 31, unless sooner revoked or issued as a provisional license to a new owner under the provisions of subsection (G)(4)(c).
(D) 
Posting required; nontransferable; new license required on transfer.
(1) 
A license issued pursuant to this section shall be posted and displayed in the multifamily dwelling or lodging establishment office or a conspicuous place to which occupants have access. A replacement license may be issued for one lost, destroyed, or mutilated upon application on the form provided by the City. A replacement license shall have the word “replacement” stamped across the face and shall bear the same number as the one it replaces.
(2) 
A multifamily dwelling or lodging establishment license is not assignable or transferable.
(3) 
A new license must be obtained whenever there is a change in the ownership of the premises on which the multifamily dwelling or lodging establishment is located; a change in the management or operation of the premises occurs; or when other changes affecting the material terms or information contained in the application for the present license renders that information materially inaccurate.
(E) 
License fees.
(1) 
The annual permit fee for a multifamily license, including late and replacement fees, are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A late fee of 1/12th of the annual license fee is due for each month the payment of the annual fee is delinquent. The fee for a new license shall be prorated based on the date the application is submitted in relation to the number of calendar months remaining in the calendar year of application.
(2) 
The annual permit fee for a lodging establishment, including late and replacement fees, are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. A late fee of 1/12th of the annual license fee is due for each month the payment of the annual fee is delinquent.
(3) 
Upon a change in ownership of the multifamily dwelling or lodging establishment, a new license shall be obtained within thirty (30) days of the change with the fee charged on a prorated basis.
(F) 
Inspections.
(1) 
Application for the issuance of a multifamily/lodging license constitutes consent to inspection by the City of the multifamily dwelling or lodging establishment and, subject to the rights of the occupants of a dwelling or lodging room, the dwelling units and lodging rooms that comprise a multifamily dwelling or lodging establishment, in order to determine compliance with this Code. A licensee shall make all exteriors, all interior and exterior public areas, and all vacant multifamily dwelling units or lodging rooms available to City representatives at all reasonable times for the purpose of making inspections to determine compliance with this Code.
(2) 
For purposes of inspecting an occupied multifamily dwelling unit or lodging room and unless otherwise authorized by consent, the Director and the Director’s representatives are hereby designated and authorized to obtain a search warrant or other order of a court.
(3) 
No less than annually, the City shall inspect the multifamily dwelling or lodging establishment, including a representative sample of individual dwelling units or lodging rooms comprising a multifamily dwelling or lodging establishment. If an inspection reveals a violation, the City shall provide the licensee with notice of each violation and a demand for full compliance.
(4) 
The City will thereafter conduct subsequent follow-up inspections to determine compliance. In the event that two or more reinspections are required for a noted violation before the violation is corrected, the property owner shall be charged a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, for the third and each subsequent reinspection for each dwelling unit in which a previously noted but uncorrected violation exists.
(G) 
Unsatisfactory performance on annual inspection.
(1) 
If the annual inspection of a representative sample of individual dwelling units or lodging rooms reveals life safety or critical violations totaling in number a sum that is greater than the number of dwelling units or lodging rooms inspected, the licensee shall pay a surcharge of half the amount of its standard annual fee for a multifamily/lodging license in addition to the annual license fee at the time of the next license renewal.
(2) 
Upon making a determination that a licensee is subject to a surcharge, the Director of Code Compliance shall provide notice of the increased renewal fee by certified mail, personal service, or courier-receipted commercial delivery sent to the address noted on the licensee’s application. The licensee may appeal an assessed surcharge to the City Manager or a designated representative of the City Manager by filing a written notice of appeal with the Director of Code Compliance. The City Manager or a representative designated by the City Manager shall render a decision on the appeal within five days of the date of the hearing, which decision shall be final.
(3) 
A multifamily dwelling or lodging establishment operated by a licensee that is required to pay a surcharge under subsection (G)(1) is subject to a comprehensive inspection. Upon the completion of a comprehensive inspection, the City shall provide the property owner with notice of each violation and a demand for full compliance. Non-critical violations shall be corrected within sixty days of the date of the notice of violation. Life-safety and critical violations shall be corrected within the time specified in the notice of violation. If a follow-up inspection reveals the continuance of any violation after the applicable period for compliance has passed, the City may order the licensee to post a bond, letter of credit, or escrow deposit in the amount of twenty percent the multifamily dwelling’s or lodging establishment’s appraised value as appraised by the Dallas Central Appraisal District. The licensee shall post the bond or other security within thirty days after receipt of notice from the Director of Code Compliance. Any funds obtained by the City under a bond, letter of credit, or escrow account posted under this section shall be used only for the purpose of reimbursing the City the costs associated with correcting uncorrected violations at the multifamily dwelling or lodging establishment or for demolishing buildings or structures that pose an imminent threat to the life, safety or welfare of the occupants or the public. The amount of any funds deposited shall not be part of the general fund.
(4) 
The bond or other posted security shall be maintained in the full amount originally posted for not less than one year from the date of posting. The City shall return or cancel the bond or other posted security (or such portions as may remain at the time):
(a) 
When the multifamily dwelling or lodging establishment becomes fully compliant prior to the City’s intervention through usage of the proceeds of the bond or other posted security;
(b) 
If the property has not been cited with a life safety or critical violation within eight months following the posting of the bond or other security; or
(c) 
When the property is sold to a new owner that is unaffiliated with the current licensee; provided that:
(i) 
A license issued to a new owner for a property that is subject to the bond requirements of this subsection may be issued as a provisional license only and shall be valid for a period not to exceed 120 days; and
(ii) 
The bond shall remain in full force and effect until an annual, non-provisional license is issued for the property.
(H) 
Revocation of license.
A multifamily/lodging license may be revoked:
(1) 
If the licensee has repeatedly failed to comply with the requirements of this chapter;
(2) 
If one or more dwelling units or lodging rooms covered under the license have been substandard for more than sixty days following the delivery of notice of violation;
(3) 
If the multifamily dwelling or lodging establishment covered under the license represents an imminent threat to the life, health or safety of any person;
(4) 
If the licensee has failed to post or maintain the bond or other security as may be required by subsection (G)(3); or
(5) 
The licensee has failed to pay, after notice, a reinspection fee imposed under subsection (F)(4).
The Director of Code Compliance shall provide notice of revocation by certified mail, personal service, or courier-receipted commercial delivery sent to the address provided on the licensee’s application. The licensee may appeal the revocation to the City Manager by filing a written notice of appeal with the Director of Code Compliance within ten days of delivery of the notice of revocation. The City Manager or a designated representative of the City Manager shall provide an opportunity for a hearing on the appeal, and shall render a decision on the appeal within ten days of the date of the hearing. The decision of the City Manager or the designated representative shall be final.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5094, sec. 1, adopted 7/15/97; Ordinance 5503, sec. 2, adopted 9/19/00; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 5932, sec. 2, adopted 9/6/05; Ordinance 6260, sec. 16, adopted 9/2/08; Ordinance 6477, sec. 1, adopted 8/2/11; Ordinance 6485, sec. 4, adopted 9/6/11; Ordinance 6534, sec. 11, adopted 4/3/12; Ordinance 6671, sec. 6, adopted 1/21/14; Ordinance 7054, secs. 4–9, adopted 5/7/19; Ordinance 7363 adopted 9/6/2022; Ordinance 7403 adopted 2/21/2023)
(A) 
The City shall, by certified mail with electronic tracking, send to the last known address of the owner, lessee and occupant of the structure, notice of a hearing to consider:
(1) 
Reduction of occupancy load of a structure or portion of a structure that is overcrowded; or
(2) 
Vacation of a premises or portion of a premises that is unsanitary or unsafe and, therefore, presents a danger to the health, safety or and welfare of occupants. In order to protect the health, safety and welfare of the occupants of a substandard structure premises with readily apparent structural hazards that constitute imminent danger, the City may order the immediate vacation of the premises.
(B) 
The City may place or cause to be placed a placard on a premises or dwelling that is unsanitary or unsafe, warning of its dangerous condition. A person commits an offense if:
(1) 
Without authority from the City, the person removes or destroys a placard placed by the City;
(2) 
The person occupies a vacant premises or dwelling unit on which the City has placed a placard; or
(3) 
As owner of a premises, the person authorizes a person to occupy a vacant premises on which the City has placed a placard.
Prior to the removal of the placard, the owner or occupant of such premises shall contact the City and request an inspection. The respective fees for removal of the placard placed on single-family premises (including garages and accessory buildings) and each multifamily unit are in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. Should the premises/unit fail a final inspection, the fee shall still apply and be collected again at the time the placard is finally removed. The fee shall be payable to the City.
(C) 
A public hearing to consider reduction of occupancy load or vacation of a premises shall be held before the board not less than ten (10) days after receipt of notice by the owner, lessee and occupants or not less than five (5) days after the notice is returned undelivered. A hearing may be initiated by anyone having evidence of overcrowding and signing a complaint form provided by the City. The complainant shall present evidence of the overcrowded conditions of the premises and the owner, lessee, or occupant may present evidence.
(D) 
The board shall order reduction of the occupancy load if it finds the premises or dwelling unit is overcrowded or vacation of a premises or dwelling unit if it finds the premises is dangerous to the health, safety or welfare of its residents. Notice of the order to reduce the occupancy load or to vacate shall be given to the occupants and the owner. If any party is aggrieved by the decision of the board, the person may appeal the decision to a district court within ten (10) days, where the matter shall be tried on the basis of a substantial evidence rule.
(E) 
Each occupant of a premises or dwelling unit that has been ordered vacated shall vacate the structure premises or dwelling unit within a specified time determined by the board. No person shall occupy a premises or dwelling unit that has been ordered vacated. The occupants of a premises or dwelling unit that has been ordered reduced in occupancy load shall reduce the occupancy to the number ordered by and within the time specified by the board.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 4711, sec. 4, adopted 9/21/93; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 10, adopted 10/6/14; Ordinance 7363 adopted 9/6/2022)
(A) 
Permit required.
Single-family rental permit required. No person shall rent a single-family dwelling unit, or portion thereof, without first obtaining a single-family rental permit issued under the provisions of this section. It shall be unlawful to submit a false or fraudulent application for a single-family rental permit. A person who rents a single-family dwelling knowing that a single-family rental permit has not been issued for that dwelling or who knows that the single-family rental permit issued for that dwelling has been revoked commits an offense each day the dwelling is occupied by a tenant.
(B) 
Eligibility; application; form.
An applicant for a single-family rental permit shall not be eligible for a permit if:
(1) 
The applicant has claimed or received a homestead exemption on more than one residential property in or outside of the state; or
(2) 
The applicant does not have a valid liability insurance policy for the property with a minimum of $250,000 liability coverage per person and a minimum $1,000,000 liability coverage per event. The applicant must maintain the minimum coverage amounts throughout the term of the permit.
(3) 
An applicant for a single-family rental permit shall file with the City a written application, on the form provided for that purpose, signed by the owner (or the owner's authorized agent) of the single-family dwelling to be permitted. An applicant who owns more than one single-family residential dwelling shall file a separate application for each dwelling.
(C) 
Form; contents.
The application shall include:
(1) 
The name, physical street address, telephone number, and driver's license or other government-issued identification number of the owner, and the name, street address, and telephone number of any property manager of the property for which an application is being submitted;
(2) 
If the owner is other than an individual, the legal name, all trade names, and the registered agent, managing partner, or other person authorized to accept service of process on behalf of the owner;
(3) 
A statement as to whether the property will be used as short-term rental facility; if it is to be used as a short-term rental facility, then a diagram depicting the floorplan (to scale) shall be included in the application prior to inspection;
(4) 
A statement as to whether the owner is using the property as the owner's principal residence;
(5) 
A statement as to whether the owner has claimed a homestead exemption on the property;
(6) 
A statement as to whether the owner has claimed a homestead exemption on another residence homestead in or outside of Texas; and
(7) 
A name and telephone number of the tenant or lessee that is responsible for the dwelling, if available, at the time of application.
(D) 
Agent for service.
An applicant may designate on the application an agent for service of process who shall be the authorized agent for purposes of notice and other communications provided in this section. If an owner designates an agent for service as provided in this subsection, service of any notice under this Code on the designated agent shall constitute service upon the owner unless the Director of Code compliance receives actual notice from the owner that the designated agent is no longer authorized to accept service on behalf of the owner.
(E) 
Smoke alarm and occupancy limits certification.
The applicant shall certify that the single-family dwelling for which the application is submitted is equipped with properly working smoke alarms in accordance with the provisions of section 32.03(3) and that the single-family dwelling will not violate the occupancy limits established by section 32.04.
(F) 
Accessibility of permit; replacement.
A single-family rental permit issued pursuant to this section shall be maintained by the City, with a copy provided to the permittee.
(G) 
Permit nonassignable; surrender.
A permit issued under this section is not assignable or transferable. A permit is valid only for the premises for which it is issued. It shall be unlawful for any person to counterfeit, forge, change, deface, or alter a permit. A permit may be canceled upon written request of the owner(s) and surrender of the permit itself to the Director of Code compliance. The surrender of a permit shall be effective immediately upon its filing in the office of the director.
(H) 
Inspection.
The premises for which the application is submitted or for which a permit has been previously issued shall be inspected for compliance with the provisions of the minimum housing standards contained in this Code as follows:
(1) 
Change in tenancy.
A single-family rental dwelling shall be fully inspected each time there is a change in tenancy in the dwelling. The applicant or permittee (if a permit has previously been issued for the dwelling) may request that the inspection be conducted by the City. Alternatively, the applicant or permittee may submit with the application a certification of compliance. The certification of compliance shall be signed by a person who holds a current and valid license to perform real estate inspections issued by the state real estate commission under the provisions of chapter 1102 of the Texas Occupations Code. The person signing the certification of compliance shall certify that the premises for which the application is being made complies with the minimum housing standards contained in this Code. The certification of compliance must be dated no more than 30 days before the date of the application. Nothing contained in this section shall be construed to prohibit an inspection at the request of a tenant.
(2) 
Reinspection as necessary to determine compliance.
A reinspection will not be necessary if the owner (or property manager) submits sufficient proof to the City from which the City is able to determine that all noted violations have been appropriately repaired. Sufficient proof shall include an affidavit stating that the repairs have been completed, a copy of the receipt for materials used in the repair or a receipt for the work done to make the repair, and photographs of the repair(s). No permit shall be issued, and no release of utilities shall be given if, as a result of an inspection, it is determined that the premises does not comply with the minimum housing standards contained in this Code.
(3) 
Release of utilities.
A release of utilities may be provided upon application for utilities pending a change in tenancy inspection under subsection (H)(1). A release for utility services shall not be issued unless:
(a) 
The inspection reveals that the premises contains no life safety violations or critical violations; or
(b) 
The City has been requested to inspect the premises and failed to inspect the premises within two complete business days of the City’s receipt of the request for inspection without good cause and through no fault of the applicant.
(I) 
Permit term and fee.
(1) 
A single-family rental permit issued under this section shall be valid for one year from its date of issuance, unless suspended or revoked.
(2) 
Applications for permit shall include an annual permit fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. However, notwithstanding any amount to the contrary, the annual permit fee for short-term rentals shall be a minimum of $500.
(J) 
Short-term rentals; temporary tenancies.
(1) 
Short-term rentals.
(a) 
No person shall rent a single-family dwelling unit as a short-term rental, or portion thereof, without first obtaining a single-family rental permit issued under the provisions of this section.
(b) 
The owner, agent, or representative of a short-term rental, as defined in above section 32.01, may elect to be exempt from the provisions and requirements of subsection (H) "inspection," and subsection (O) "certified rental properties" of this section 32.09.
(c) 
A single-family dwelling must be fully inspected by the City prior to a single-family permit being issued by the City for use as a short-term rental.
(d) 
A short-term rental must be re-inspected each year prior to any single-family permit renewals.
(K) 
Suspension of permit.
(1) 
A single-family rental permit may be temporarily suspended by the City:
(a) 
If a life safety violation exists on the premises of the permitted single-family dwelling;
(b) 
If, after notice and a period of correction as provided by section 32.02(F), a critical violation remains on the premises of the permitted single-family dwelling;
(c) 
If, after a change in tenancy, not including short-term rentals, the City has not received a request for inspection or a certification of compliance within 60 days of application for utilities;
(d) 
If an official of the City of Garland, including but not limited to police officers, city marshals, health officers, building inspection, or code enforcement, is requested by a member of the public, other than the owner, manager, organizer or sponsor of a short-term rental, to respond to the premises of the short-term rental more than three times within a 12-month period because of alleged prohibited conduct (as defined in Chapter 26, Article VI, of this Code) occurring on the premises and there is probable cause to believe prohibited conduct has occurred or is occurring; or
(e) 
If the property is receiving a homestead exemption and:
(i) 
There is probable cause to believe that the property is not the owner's principal residence; or
(ii) 
The owner of the property is receiving a homestead exemption on another property located in or outside the state.
(f) 
Failure to timely pay hotel occupancy taxes owed, where applicable, pursuant to Chapter 40, Article II, of this Code of Ordinances.
(2) 
The City shall notify the holder of the permit in writing, stating the reasons for which the permit is suspended and stating that the permit shall remain suspended until such time as the property owner:
(a) 
Prevails in an appeal of the suspension to the Property Standards Board; or
(b) 
Meets with the Director of Code Enforcement, pays all outstanding fines, enters into a compliance agreement with the City, and satisfies the terms and conditions of the compliance agreement.
(3) 
The compliance agreement may, among other things:
(a) 
Limit the occupancy of the premises, including grounds and yards, at any one time to a maximum of 10 people or 2 persons per bedroom, whichever is less;
(b) 
Prohibit any outdoor activities on the premises between the hours of 9:00 p.m. and 9:00 a.m.; and
(c) 
Require the installation, maintenance, and continuous operation of city-approved, weatherproof, outdoor noise sensors with real time remote monitoring and alert capabilities, along each property line of the premises that adjoins neighboring private property.
(i) 
The city shall provide the holder of the permit city-approved noise sensors after receiving payment from the permit holder for the costs associated with the purchase of the sensors.
(ii) 
The permit holder shall be responsible for the installation of the sensors, which once completed shall be inspected by the city.
(iii) 
The permit holder shall remotely monitor the premises and set the noise sensors to alert the permit holder in real time of any noises that exceed the sound levels measured at the property boundary allowed by section 22.69 of this Code.
(iv) 
The permit holder shall provide the city, within 3 business days of a request, access to any and all reports and data generated by the noise sensors for the previous 30 calendar days.
(d) 
Limit any trash or debris set out for collection to (i) being contained in a maximum of two city approved trash containers and one city approved recycling bin and (ii) only on regularly scheduled collection days.
(L) 
Reinstatement of suspended permit.
(1) 
A person whose permit has been suspended for any violations other than "prohibited conduct" under Section 26.64 of this Code of Ordinances or violations of the terms of a compliance agreement, may make written application for a reinspection for the purpose of reinstating the permit. Within ten (10) days following receipt of a request, which shall include a statement signed by the applicant that in the applicant's opinion, all of the violations that caused suspension of the permit have been corrected, the City shall make a reinspection. Upon reinspection, if all life safety, critical, and noncritical violations have been corrected, the permit shall be reinstated.
(2) 
A person whose permit has been suspended for "prohibited conduct" or violations of the terms of a compliance agreement, may appeal his or her suspension to the Property Standards Board. In the case of a violation of the terms of a compliance agreement, the permit holder has 10 calendar days (from the date notice is mailed) to appeal a suspension of his or her permit.
(M) 
Revocation of permit.
A single-family rental permit may be revoked for up to 24-months after the City has provided an opportunity for a hearing for the following reasons:
(1) 
For serious or repeated violations of any of the requirements of this article;
(2) 
For interference with the City or any of its agents in the performance of their duties;
(3) 
For three or more violations of the terms and conditions of a compliance agreement;
(4) 
For any unpermitted real property improvements that are inconsistent with the floor plan filed as part of the single-family rental permit application; or
(5) 
After being given the opportunity to enter into a compliance agreement, three or more criminal convictions (or three or more failures to appear) for prohibited conduct, or offenses related to the operation of a short-term rental under Chapter 26, Article VI of this Code within a 12-month period.
Prior to revocation, the City shall notify the holder of the permit in writing, stating the reasons for which the permit is subject to revocation and stating that the permit shall be permanently revoked at the end of ten (10) days from the service of such notice unless a request for a hearing is filed with the City, by the permit holder, within such ten-day period. A permit shall be suspended for cause pending its revocation or a hearing relative thereto.
(N) 
Hearings.
The hearings provided for in this section shall be conducted, at the option of the owner (or property manager), by either the Property Standards Board or a hearing officer appointed under the provisions under section 24.25 of this Code, at a time and place designated by the board or the hearing officer, as the case may be. Based on the record, the board or the hearing officer shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the City.
(O) 
Certified rental properties.
(1) 
Notwithstanding the provisions of subsection (H) and (I) of this section, a permit for a single-family rental dwelling shall be issued for a period of three (3) years, and the dwelling shall not be subject to reinspection or re-certification even in the event of a change in tenancy during that three-year term, if:
(a) 
The owner (or the property manager for the dwelling) of the dwelling has completed a certification training course provided by the director; and
(b) 
The permit for the dwelling has not been suspended or revoked during the three-year term of the extended permit authorized by this subsection.
(2) 
After the three-year term of the initial permit, the dwelling shall not be subject to reinspection or re-certification if no enforcement action has been commenced during the previous permit period against the permit holder or the permitted property for a violation of a provision of this chapter that has resulted in one or more of the following:
(a) 
A conviction for the violation;
(b) 
The issuance of an abatement action work order by the City to correct the violation; or
(c) 
An action regarding the violation has been presented to the Housing Standards Board.
(3) 
Upon expiration of the permit period, if an enforcement action as described in subsection (2) has been taken against a certified property or the owner of a certified property, the property shall revert to an annual permit unless, upon inspection of the property and verification of compliance with this chapter, the Director determines that the public interest will be served by re-permitting the property as a certified property for a three year permit interval.
(P) 
Termination of utilities.
(1) 
The City may terminate the utilities of a premises being operated as a short-term rental after a revocation or suspension of the single-family permit pursuant to above subsection (M).
(2) 
In the event the City terminates utilities pursuant to this subsection (P), the utilities shall not be reinstated until:
(a) 
Such time as the property owner prevails in an appeal of the termination of utilities to the Property Standards Board; or
(b) 
In the case of a suspension, such time as the property owner meets with the Director of Code Enforcement, pays any and all outstanding fees and fines, enters into a compliance agreement with the City, and satisfies the terms and conditions of the compliance agreement.
(3) 
The compliance agreement shall, among other things, address the unlawful use of the premises as a short-term rental and any other violations that were the basis for the suspension.
(4) 
A premises shall no longer be eligible to be used as a short-term rental if the City has terminated utilities of the premises pursuant to this chapter and the Property Standards Board has not overturned the City’s decision.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 4619, sec. 14, adopted 8/25/92; Ordinance 5334, sec. 1, adopted 2/16/99; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 5957, secs. 1–3, adopted 11/15/05; Ordinance 6127, sec. 1, adopted 5/1/07; Ordinance 6390, secs. 1–5, adopted 4/6/10; Ordinance 6534, sec. 12, adopted 4/3/12; Ordinance 6740, sec. 11, adopted 10/6/14; Ordinance 7017, sec. 7, adopted 9/18/18; Ordinance 7363 adopted 9/6/2022; Ordinance 7403 adopted 2/21/2023; Ordinance 7625 adopted 9/2/2025)
(A) 
As used in this section:
Abandoned
means a residential property that is vacant or for which there is evidence of vacancy.
Compliance,
for purposes of this section, means maintaining the property so as to be free of a violation of any provision of this chapter in a manner consistent with neighborhood standards.
Distressed
means a residential property:
(1) 
That is under a current notice of default on a mortgage, deed of trust, contract for sale, or similar financing security; a notice of trustee’s sale; is the subject of a pending delinquent tax sale; is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or that has been transferred to another under a deed in lieu of foreclosure; and
(2) 
On which there have been two or more unaddressed violations of article II of this chapter within a 12-month period.
Evidence of vacancy
means any condition that alone or combined with other conditions present would lead a reasonable person to conclude that the property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation; the accumulation of newspapers, circulars, flyers, door-hangers or mail; past due utility notices or disconnected utilities; the accumulation of trash; the recurrent absence of household waste on collection days for the neighborhood in which the property is located; the absence of window coverings such as curtains, blinds or shutters; the evident absence of furnishings and personal items consistent with residential habitation; or statements by neighbors, delivery agents, or others familiar with the property that the property is vacant.
Neighborhood standards
means those conditions that are present on a simple majority of properties within a 300-foot radius of the subject property. A property that is the subject of a neighborhood standard comparison, or any other abandoned, distressed property within the 300-foot radius, shall not be counted toward the simple majority.
Owner
means any person, partnership, association, corporation or fiduciary (including a beneficiary or a trustee under a mortgage or deed of trust) having legal or equitable title in or to any real property.
Unaddressed violation
means a violation that was corrected by or through the City and that required the expenditure of City funds.
(B) 
The Director of Code compliance may order the owner of a property that is abandoned and distressed to post a bond, letter of credit or escrow deposit in the amount of $2,500.00 to secure future compliance for the property. The owner shall post the bond or other security within 30 days after receipt of notice from the director. In the event the amount of the bond or other security is reduced or depleted for the purpose of bringing the property into compliance after the bond or other security has been posted with the City, the owner shall, within 15 days after notice from the City, provide such additional sums to the bond or other security so as to maintain the amount so secured or posted at the minimum level of $2,500.00. Any funds obtained by the City under a bond, letter of credit or escrow account posted under this section shall be used only for the purpose of bringing the property secured by the bond or other security into compliance and shall not be part of the City’s general fund. If a property for which a bond or other security is provided under this section either:
(1) 
Has not had an unaddressed violation within 12 months following the posting of the bond or other security; or
(2) 
Is sold or occupied following the posting of the bond or other security;
Then the person who posted the bond or other security shall be entitled to the cancellation of the bond or letter of credit, or a refund of the amounts then held for the property in the escrow account, as the case may be.
(C) 
The owner of an abandoned and distressed property shall place a sign on the property as provided in this subsection containing the name and 24-hour contact phone number of a local property manager or other person designated by the owner to be responsible for the property. The sign shall be no less than 3 inches by 8 inches and shall contain along with the name and 24-hour contact number the words “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS CALL” and the loan number, case number or other information by which (in addition to the address) the owner identifies the property. The sign shall be of a durable, weather-resistant material and shall be secured to the front door of the building. The local property manager or other responsible person shall inspect the property on a regular basis to determine if the property is in compliance with the requirements of this chapter.
(Ordinance 6251, sec. 1, adopted 8/19/08)
[1]
Editor’s note–The title of this division, formerly “Housing Standards Board,” was renamed by Ordinance 6740, sec. 12, adopted 10/6/14.
(A) 
There is hereby created a Building and Standards Commission which shall be known as the “Property Standards Board.” All of the duties, functions, and powers of the Property Standards Board previously established are hereby vested in the board created in this section.
(B) 
The board shall consist of nine (9) members appointed by the City Council. Members of the board shall serve for the term of two (2) years. Members of the board shall annually elect a chairperson and a vice-chairperson.
(C) 
Meetings of the board shall be held at the call of the chairperson and at such other times as determined by the board. The chairperson or, in the absence of the chairperson, the vice-chairperson may administer oaths and compel the attendance of witnesses.
(D) 
The board shall keep minutes of its proceedings showing the vote of each member on each question. The minutes shall also show whether a member was absent or failed to vote. The board shall also keep records of its examinations and other official actions. The minutes and records shall be filed immediately with the secretary of the board and shall be public record. The board shall submit a summary of all action taken by the board to the City Council on a quarterly basis.
(E) 
All cases before the board shall be heard by at least five (5) members. The concurring vote of a majority of the members voting is necessary to take action by the board.
(F) 
The City or the designated representative of the City shall present all cases to the board.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5721, sec. 1, adopted 4/1/03; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 13, adopted 10/6/14)
The board shall have jurisdiction to:
(1) 
Hear and determine cases concerning alleged violations of ordinances:
(a) 
For the preservation of public safety, relating to the materials or methods used to construct a premises or improvement, including the foundation, structural elements, electrical wiring apparatus, plumbing and fixtures, entrances, or exits;
(b) 
Relating to the fire safety of a premises or improvement; including provisions relating to materials, types of construction design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;
(c) 
Relating to dangerously damaged or deteriorated premises or improvements; or
(d) 
Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.
(2) 
Require the vacation, relocation of occupants, securing, repair, removal or demolition of a premises that is dilapidated, substandard, or unfit for human occupancy and which is a hazard to the public health, safety and welfare;
(3) 
Grant or deny relief under section 32.56 of this Code; and
(4) 
Exercise such other powers and authority conferred upon the board by law or ordinance.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6583, sec. 2, adopted 12/4/12; Ordinance 6740, sec. 14, adopted 10/6/14)
The board shall have jurisdiction to:
(1) 
Order the repair, within a fixed period, of a premises, or portion thereof, found to be in violation of an ordinance;
(2) 
Declare a premises, or portion thereof, substandard in accordance with the powers granted by this article;
(3) 
Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard condition found to exist on a premises;
(4) 
Issue orders or directives to any peace officer of the state, including a sheriff or constable or the Director of Police Services of the City, to enforce and carry out the lawful orders or directives of the commission; and
(5) 
Determine the amount and duration of a civil penalty not to exceed one thousand dollars ($1,000.00) a day for a violation of an ordinance for a commercial or multifamily property and one hundred dollars ($100.00) a day for a violation of an ordinance for a residential property. In assessing a civil penalty the board shall consider the severity of the violations present, the history of compliance of the property or the owner and the efforts taken, if any, to correct the violations.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 15, adopted 10/6/14)
(A) 
The City may initiate a case before the board by filing a complaint with the board. Any person desiring to initiate a case before the board must file a case with the City on forms or in a format prescribed by the City. The City shall then initiate a case if the City determines that sufficient facts and evidence exist to proceed.
(B) 
Notice of all proceedings before the board must be given:
(1) 
By certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the county clerk;
(2) 
To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable; and
(3) 
By publishing the notice in a newspaper of general circulation in the City on one occasion before the tenth (10th) day before the day fixed for hearing. The notice shall be mailed and posted before the 10th day before the date of the hearing before the board and shall state the date, time and place of the hearing. If the proceeding concerns a substandard premises, the notice shall also contain an identification of the property on which the premises is located, a brief description of the violation(s) present and a statement that the City will vacate, secure, remove, or demolish the premises, or portion thereof, or relocate the occupants of the premises (at owner’s expense) if corrective action is not taken within the time ordered.
(C) 
A copy of the final decision of the board shall be mailed by First Class Mail, certified return receipt requested, to all persons to whom notice is sent under subsection (B) above. The copy shall be mailed promptly after the decision of the board becomes final pursuant to section 32.29.
(D) 
Within ten (10) calendar days after the date of the mailing described in subsection (C) above, a copy of the final decision shall be published one time in a newspaper of general circulation in the City and a copy shall be filed with the City Secretary.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 16, adopted 10/6/14)
An order of the board is final upon execution of the order by the chairperson (or a member acting in the absence of the chairperson). A person aggrieved by a decision of the board may appeal that decision to a district court in accordance with the provisions of section 54.039 of the Texas Local Government Code.
(Ordinance 4594, sec. 1, adopted 5/19/92; Ordinance 5472, sec. 1, adopted 6/6/00; Ordinance 5895, sec. 1, adopted 4/19/05)