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HomeMy WebLinkAbout1084 08-25-1992ORDINANCE NO. 1084 AN ORDINANCE ADDING ARTICLE IX TO CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, WHICH IS KNOWN AS THE "EULESS MINIMUM HOUSING CODE "; PROVIDING FOR A SHORT TITLE; PROVIDING A LEGISLATIVE FINDING OF FACTS; PROVIDING A PURPOSE CLAUSE FOR SAID ORDINANCES; PROVIDING DEFINITIONS; PROVIDING THAT ALL DWELLING UNITS WITHIN THE CITY USED FOR PURPOSE OF HUMAN HABITATION OR RESIDENCE SHALL COMPLY WITH ALL PROVISIONS OF ARTICLE II (MINIMUM - STANDARDS); REQUIRING SINKS OR LAVATORIES; PROVIDING FOR THE REQUIREMENT OF BATHROOM FIXTURES; PROVIDING FOR THE REQUIREMENT THAT FIXTURES BE CONNECTED TO HOT AND COLD WATER; PROVIDING THE REQUIREMENT THAT WATER HEATING EQUIPMENT BE PROVIDED; PROVIDING FOR THE RE- QUIREMENT OF INGRESS AND EGRESS; PROVIDING FOR A MINIMUM TOTAL WINDOW AREA; PROVIDING THAT HEATING FACILITIES SHALL BE REQUIRED; PROVIDING FOR SCREENING; PROVIDING FOR A MINIMUM FLOOR AREA IN THE LIVING AREA; PROVIDING FOR A MINIMUM FLOOR AREA IN THE SLEEPING AREA; PROVIDING FOR MAXIMUM DENSITY; PROVIDING FOR A MINIMUM CEILING HEIGHT; PROVIDING FOR THE MINIMUM RESPONSIBILI- TIES OF OWNER; PROVIDING FOR A 24 HOUR EMERGENCY TELEPHONE NUMBER; PROVIDING FOR THE DISCLOSURE OF OWNERSHIP OF EACH DWELLING UNIT; PROVIDING FOR THE MINIMUM RESPONSIBILITIES OF OCCUPANTS; PROVIDING FOR AUTHORIZED INSPECTION; PROVIDING FOR REQUIRED INSPECTIONS; PROVIDING FOR RIGHT OF ENTRY; PROVIDING FOR INSPECTION FEES; PROVIDING FOR RIGHT OF ENTRY OF OWNER; PROVIDING FOR THE CONDITION OR DEFECTS WHICH CONSTITUTE UNINHABIT- ABLE AND DANGEROUS DWELLINGS; PROVIDING FOR ELIMINATION OF UNINHABITABLE AND DANGEROUS BUILDINGS; PROVIDING FOR NOTICE TO PARTIES IN INTEREST OF DANGEROUS DWELLING UNIT; PROVIDING FOR POSTING OF PLACARD; PROVIDING AN OFFENSE FOR REMOVING, DESTROYING OR FAILING TO OBEY A PLACARD; PROVIDING A PROCEDURE FOR DEMOLITION BY CITY OF DANGEROUS DWELLINGS; PROVIDING FOR EMERGENCY ACTION BY THE CITY; PROVIDING THAT THE CITY MAY LIEN ANY PROPERTY WITH THE COSTS OF SUCH EMERGENCY ACTION; PROVIDING THAT A LIEN MAY BE FILED TO SECURE THE COSTS OF SAID EMERGENCY ACTION; PROVIDING THAT THIS ORDINANCE SHALL NOT CONFLICT WITH FEDERAL REGULATIONS OF MOBILE HOMES; PROVIDING THAT A LICENSE IS REQUIRED FOR MULTIPLE FAMILY DWELLING COMPLEXES; PROVIDING REGULATIONS FOR MULTIPLE FAMILY DWELLING COMPLEX LICENSE APPLICATION, ISSUANCE, RENEWAL AND EXPIRATION; PROVIDING LICENSE FEES; PROVIDING LICENSE DISPLAY, REPLACEMENT AND TRANSFERABILI- TY; PROVIDING STANDARDS TO MAINTAIN OR RENEW A LICENSE; PROVIDING FOR INSPECTIONS AND CERTIFI- CATES OF OCCUPANCY; PROVIDING FOR APPEALS TO THE BOARD OF ADJUSTMENTS; PROVIDING DEFINITIONS FOR ARTICLE VII (UTILITIES TO MASTER METERED APART- MENT HOUSES); PROVIDING THAT UTILITY COMPANIES KEEP RECORDS OF MASTER METERED APARTMENT HOUSES; PROVIDING FOR NOTICE TO TENANTS OF UTILITY INTERRUPTION; PROVIDING FOR NOTICE TO CITY OF EULESS BEFORE UTILITY INTERRUPTION; PROVIDING FOR REASONABLE METHODS OF NOTICE; PROVIDING THAT INTERFERENCE WITH UTILITY COMPANY NOTICES OR REMOVING SAID NOTICES IS A VIOLATION; PROVIDING THAT THE OWNER OR PROPERTY MANAGER OF A MASTER METERED APARTMENT HOUSE MUST NOT CAUSE AN INTERRUPTION OF ESSENTIAL UTILITY SERVICE BECAUSE OF NON- PAYMENT OF UTILITY BILLS; PROVID- ING FOR NOTICE OF VIOLATIONS; PROVIDING A PENALTY; PROVIDING THAT PROSECUTIONS FOR VIOLA- TIONS OF THE PRIOR PROVISIONS AMENDED BY THIS ORDINANCE SHALL NOT BE EFFECTED BY THIS AMEND- MENT; PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. That Chapter 4 of the Code of Ordinances of the City of Euless, Texas, shall be amended by adding Article IX to read as follows: DIVISION I. GENERAL PROVISION Sec. 4 -301. Short Title. This chapter shall be known as the "Euless Minimum Housing Code." Sec. 4 -302. Legislative Finding of Fact. It is hereby found and declared that there exists in the City of Euless, Texas, structures used for human habitation, which are or may become in the future, substandard with respect to structure, equipment or mainte- nance and further that such conditions together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, unsanitary conditions, and /or overcrowding constitute a menace to the health, safety, welfare, and reasonable comfort and /or quality of life of its citizens. It is further found and declared that the existence of such conditions, factors or characteristics will, if not remedied, create slum and blighted areas requiring large scale clearance, and further that, in the absence of corrective measures, such areas will experience a deterioration of values, a curtailment of investment and tax revenue, and an impairment of economic values. It is further found and declared that the establishment and maintenance of minimum structural and ORDINANCE NO. 1084 , PAGE 2 OF 23 environmental standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, and general welfare. Sec. 4 -303. Purpose of Chapter. The purpose of this chapter is to protect the public health, safety, and welfare of the citizens of the City of Euless, Texas, by establishing minimum standards governing the construction, use occupancy, management, operation and maintenance of houses and apartments; establishing minimum standards governing utilities, facilities, and other physical components and conditions essential to make dwellings, dwelling units, and apartment houses safe, sanitary, and fit for human use and habitation; fixing certain responsibilities and duties of owners, managers and occupants of dwellings, dwelling units, and apartment houses; authorizing and estab- lishing procedures for the inspection of dwellings, dwelling units, and apartment houses; and the condemnation and vacation of those dwellings, dwelling units, and apartment houses unfit for human use, occupancy and habitation and fixing penalties for the violation of the provision of this chapter. This ordinance is hereby declared to be remedial and essential to the public interest, safety, health and welfare and it is intended that this chapter be liberally construed to effectuate the purposes as stated above. Further it is declared that it is not the purpose of this chapter that it shall be used as an instrument for the harassment of any persons. Sec. 4 -304. Definitions. For the purpose of Sections 4 -305 through and including 4 -347 of this chapter, the following words and phrases shall have the meanings respec- tively ascribed to them: Accessory Buildings. A subordinate building detached from the main building used for purposes incidental to the primary occupancy of the main building. Administrator. City Manager or his designee. Apartment. A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or group of individu- als. Apartment Building. Any structure containing three or more dwelling units. Apartment House. Any building, or portion thereof, which is de- signed, built, rented, leased, let or hired out to be occupied as three or more dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities. Bathroom. Enclosed space containing one or more bathtubs, showers, or both, and which may also include toilets, lavatories or fixtures serving similar purposes. ORDINANCE NO. 1084 , PAGE 3 OF 23 7. Bedroom. 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. 8. City. City of Euless. 9. Current Building Code. The most recent building code as amended in effect in the City of Euless on any date, now or in the future, on which the dwelling unit is or could be occupied. 10. Duplex. Single family attached dwelling unit. 11. Dwelling. The structure occupied for residential purpose. 12. Dwelling Unit. 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 house- keeping purposes and shall also include apartments. 13. Efficiency Unit. The equivalent of a one - bedroom unit. 14. Extermination. The control and elimination of insects, rodents and vermin by eliminating their harborage places and by removing, or making inaccessible, materials that may serve as their food and by poisoning, spraying, fumigating, trapping; or by any other approved means of pest elimination. 15. Family. One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, except that no more than two (2) additional persons that are not related to the head of the household may reside in each unit. 16. Floor Space. The total area of all habitable space. 17. Garbage. Is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 18. Grade. The natural surface of the ground, or surface ground after completion of any change in contour. 19. Gross Floor Area. The total square foot area of all floors in a building measured to the outside faces of all exterior walls or to the line of an omitted wall whichever includes the largest area. 20. Habitable Room. A room or enclosed floor space used or designed to be used for living, sleeping, cooking or eating purposes, not including bathrooms, laundries, pantries, foyers or communicating corridors, closets and storage spaces. 21. Habitable Space. The space occupied by one or more persons while living, sleeping, eating, and cooking; excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, and basement or cellar recreation rooms. ORDINANCE NO. 1084 , PAGE 4 OF 23 22. Infestation. The presence, within or contiguous to a dwelling unit, or apartment, of insects, rodents, vermin, or other pests. 23. Kitchen. Space used for cooking or preparation of food and deemed habitable space. 24. Landlord. The owner, property manager or resident manager of an apartment building or any other person held out by any owner or property manager as the appropriate person with whom the tenant normally deals concerning the rental agreement or apartment build- ing. 25. License. Multiple - family dwelling complex license. 26. Litter. Garbage, refuse, and rubbish and all other waste material. 27. Multiple Family Dwelling Complex. Any building or group of build- ings which provide four (4) or more dwelling units on a single platted lot, or if the land on which the building or buildings is unplatted, when any building or group of buildings which provide four (4) or more dwelling units on a contiguous tract of land under a common ownership or a condominium regime. Is also referred to as an apartment complex in this chapter. 28. Multiple Family Dwelling Complex License. License issued by Build- ing Inspector pursuant to this ordinance and referred to as "Li- cense" in this ordinance. 29. Occupant. Any person living, sleeping, in or having actual posses- sion of a dwelling unit or apartment. 30. Owner. A person claiming, or in whom is vested, the ownership, dominion, or title of real property, including but not limited to: (a) the owner of fee simple title; (b) the holder of a life estate; (c) the holder of a leasehold estate for an initial term of five years or more; (d) the buyer in a contract for deed; and (e) a mortgagee, receivor, executor, or trustee in control of real property, but not including the holder of a leasehold estate or tenancy for an initial term of less than five (5) years. (31) Person. Includes an individual, corporation, business trust, estate, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. (32) Plumbing. Includes all of the following supplied facilities, equipment and devices; gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, catch basins, wash basins, bathtubs, shower baths, sewer pipes, and sewerage system, septic tanks, drains, vents, traps, and any other fuel - burning or water -using fixtures and ORDINANCE NO. 1084 , PAGE 5 Of 23 appliances, including private fire hydrants, together with all connections to water, waste and sewer or gas pipes. (33) Potable Mater. Water duly approved as satisfactory and safe for drinking by the Texas Department of Health. (34) Premises. A lot, plot or parcel of land, including any structures thereon. (35) Property Manager. A person who has managing control of real proper- ty. In a condominium regime, this shall include the Council of Owners. (36) Refuse. All putrescible and nonputrescible solid wastes (except body wastes) including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes. (37) Regular License Fee. Refer to Chapter 30 of the Euless Code of Ordinances for Fee Schedule. (38) Resident Manager. A property manager or agent of a property manager who resides in the apartment complex. (39) Rooming House. A dwelling other than eleemosynary or other nonpro- fit institution, consisting of at least one dwelling unit occupied by four or more persons not related by blood, marriage or adoption. This shall not be construed as meaning apartment houses. (40) Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (41) Single Location. Property held in common ownership that is compact and contiguous property separated only by public streets. (42) Structure. 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. (43) Tenant. Any person who occupies a dwelling unit for living or dwelling purposes with the landlord's consent. (44) Unfit For Human Habitation. Same as the term "uninhabitable and dangerous dwelling or building." DIVISION II. MINIMUM STANDARDS Sec. 4 -305. Compliance With Article Provisions. The owner of each apartment, apartment house, multiple family dwelling complex, dwelling and dwelling unit within the city which shall be used ORDINANCE NO. 1084 1 PAGE 6 OF 23 for the purpose of human habitation or residence shall comply with the provisions of this article. Sec. 4 -306. Sink, Lavatory Required. The owner shall provide in all dwelling units a kitchen sink and a lavatory basin. Such kitchen sink and lavatory shall be connected to the municipal water and sewer systems. Sec. 4 -307. Bathroom Fixtures. The owner shall provide in all dwelling units a flush water toilet and a bathtub or shower connected to the municipal water and sewer systems. Sec. 4 -308. Fixtures Connected To Not, Cold Water. Every kitchen sink, lavatory basin and bathtub or shower in each dwelling unit required by the provisions of this article shall be connected and functioning with both hot and cold water lines. Sec. 4 -309. Water- heating Equipment. The owner shall provide and maintain connected and functioning water - heating equipment and facilities for every dwelling unit which shall be connected with water lines and shall be capable of heating water to such a temperature as to permit an adequate supply of hot water to be drawn at every required kitchen sink, lavatory basin, and bathtub or shower at a temperature of not less than one hundred twenty (120) degrees Fahrenheit. Such water - heating facilities shall be capable of meeting the require- ments of this section regardless of whether or not the heating facilities of the apartment, apartment house, dwelling or dwelling unit are in operation. Sec. 4 -310. Egress Required. In all dwelling units, the owner shall provide safe and unobstructed means of egress leading to safe and open space at ground level. All windows must meet the requirements of the current building code, except those which conform with all applicable laws at the time of their con- struction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration, fire damage repair or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed. Sec. 4 -311. Window Area For Ventilation And Egress. The owner shall ensure that every bedroom in a dwelling unit shall have at least one window or opening facing directly to the outdoors capable of being opened to the maximum size allowed by the design of the window fixture. ORDINANCE NO. 1084 , PAGE 7 OF 23 Sec. 4 -312. Heating Facilities Required. The owner shall provide every dwelling unit or apartment with heating facilities which are capable of safely and adequately heating all habit- able rooms to a temperature of at least sixty -eight (68) degrees Fahren- heit at a distance of three (3) feet above floor level and said facili- ties shall be operable when necessary to maintain said temperature but gas jets installed prior to 1978 may be provided in lieu of other heating facilities. Where the owner or property manager pays the fuel bills or utilities for the heating equipment, the owner or property manager shall be responsible to provide heat to each of his dwelling units. Sec. 4 -313. Screening Required. Every opening in any dwelling unit which is used for ventilation purposes from a dwelling unit directly to or from outdoor space shall be equipped with insect proof screening which shall be provided by the owner, and shall be installed and maintained in a manner affording complete protec- tion against entry into the dwelling unit of flies, mosquitoes and other insects. However, it shall be the responsibility of the occupant to replace windows or screens broken by said occupant. Sec. 4 -314. Minimum Floor Area Generally. Each dwelling unit shall contain at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet of additional habitable floor space for each additional occupant. Sec. 4 -315. Minimum Floor Area For Sleeping Purposes. In each dwelling unit of two or more rooms, each room occupied for sleeping purposes shall contain at least 36 square feet of floor space for one occupant and shall contain an additional 27 square feet of floor space for each additional occupant of said sleepting rooms. Sec. 4 -316. Maximum Density. Maximum density for each dwelling unit (occupant load) shall be as follows: (1) One- bedroom or efficiency unit, no more than three (3) occupants per unit. (2) Two- bedrooms, no more than five (5) occupants per unit. (3) Three - bedrooms, no more than seven (7) occupants per unit. Sec. 4 -317. Ceiling Height. At least one -half (1/2) of the floor area of every habitable room of a dwelling unit shall have a ceiling height of at least seven (7) feet; and the floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. ORDINANCE NO. 1084 , PAGE 8 OF 23 Sec. 4 -318. Minimum Responsibilities Of Owner. The owner, lessor or property manager of a dwelling unit shall be prima- rily responsible for the maintenance, structural soundness and operative condition of all installed systems, including but not limited to plumb- ing, electrical, heating, air conditioning systems thereof, and shall be responsible for the following: (1) Structure; (2) Water and sewer systems; (3) Bathroom facilities -water closet and shower or tub; (4) Water- heating facilities unless occupant agrees to provide such facilities; (5) Windows unless broken out by occupants but same shall be repaired before being occupied by new occupants; (6) Window screens on openable windows unless broken out by tenants but same shall be repaired before being occupied by new tenants; (7) Painting, waterproofing and repair to prevent deterioration due to the elements which shall include but not be limited to loose siding, 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; (8) Extermination of insects, rodents or other pests in all occupied and /or unoccupied units of duplex, triplex or other multiple- family dwellings, a minimum of once a year by the owner or an employee of the owner, and single family dwellings as needed by the owner or an employee of the owner; If the occupant fails to maintain the dwelling unit free from rodents, insects and vermin, such shall be the ultimate responsibil- ity of owner. (9) Provide central garbage and refuse disposal where there are more than four (4) dwelling units on the premises; (10) Provide and maintain railings for stairs, steps, balconies, porches, and elsewhere as specified in the current Building Code; (11) Repair holes, cracks, and other defects in stairs, porches, steps and balconies reasonably capable of causing injury to a person; (12) Maintain floors, walls, ceilings and all supporting structural members in a sound condition, capable of bearing imposed loads safely, in conformity with the current Building Code; ORDINANCE NO. 1084 , PAGE _9_ OF 23 (13) Repair or replace chimney flue and vent attachments that do not function properly; clean chimney flue and vent attachments a minimum of once a year; (14) Repair holes, breaks, and loose surface materials that are health or safety hazards in or on floors, walls, and ceilings; (15) Provide and maintain a moisture - resistant finish or material for the flooring or sub - flooring of each bathroom, shower room, and toilet room; (16) Provide screened cross - ventilation openings of not less than 1 -1/2 square feet for each 25 lineal feet of wall in each basement, cellar, and crawl space; (17) Eliminate a hole, excavation, sharp protrusion, and other object or condition that exists on the land and is reasonably capable of causing injury to a person; (18) Securely cover or close a well, cesspool, or cistern; (19) Provide drainage to prevent standing and stagnant water on the premises; (20) Remove dead trees and tree limbs that are reasonably capable of causing injury to a person; (21) Connect plumbing fixtures and heating equipment that the owner supplies in accordance with the applicable codes; (22) Provide and maintain in operating condition supply lines for elec- trical service to each dwelling unit intended for human occupancy; (23) Connect to a chimney or flue each heating and cooking device that burns solid fuel or burns a fuel that must be vented to the outside; (24) Provide and maintain in operating condition electrical circuits and outlets in compliance with the National Electrical Code adopted by the City of Euless; (25) Maintain the interior of a vacant structure or vacant portion of a structure free from rubbish and garbage; (26) Secure all vacant or unoccupied dwelling units from unauthorized entry; (27) Not allow an overcrowded dwelling unit to be occupied. It shall be unlawful for any person to occupy an overcrowded dwelling unit; (28) Shall install and maintain the parking lot, fire lane and required paved areas, including legible parking stripes and fire lanes, in accordance with city ordinances; (29) Air conditioning, if furnished as a fixed system, must be designed to cool to a twenty (20) degree differential between inside and ORDINANCE NO. 1084 , PAGE 10 OF 23 outside temperatures, and function to at least fifteen (15) degree differential. If owner pays electric bill, owner shall provide the required electricity; (30) Maintain all required fire detection and extinguishing appliances including, but not limited to, smoke detectors, fire alarm systems, fire hydrants and portable fire extinguishers; (31) Maintain all swimming pools in a sanitary condition and remove all water and debris from a swimming pool not so maintained or in accordance with other city ordinances; (32) Provide and maintain all gas service lines to each dwelling unit that is heated by natural gas or has water heating devices or cook stove fueled by natural gas. If owner pays gas bill, provide necessary gas service. Sec. 4 -319. Emergency Telephone Number. The owner or manager of a multiple family dwelling complex shall provide to each tenant an emergency telephone number which shall be answered twenty -four (24) hours each day by an employee of the owner or property manager of the multiple family dwelling unit or city representatives in which the tenant resides in order that the tenant may report needed repairs, emergencies or seek information or answers relative to landlord- tenant matters which cannot wait until regular business hours. Sec. 4 -320. Disclosure of Ownership. (1) The owner, lessor, sub - lessor or agent thereof of a dwelling unit shall disclose to the tenant and city the name and business address of the owner of the dwelling unit rented by the tenant, as well as the name and street address of any property management company which is managing the dwelling unit rented by the tenant by any of the following methods: (a) By giving a written copy of the information to the tenant prior to the tenant's request for the information; (b) By having the information posted continuously in a conspicuous place in the dwelling unit and office of the on -site manager, or on the outside of the entry door to the office of the on -site manager at the time of the tenant's request for the information; or (c) By having the information included in the tenant's copy of the written rental agreement or written rules and regulations furnished to the tenant prior to the tenant's request for the information. (2) It shall be unlawful for any owner or manager to fail or refuse to comply with Section 92.201, 92.202, 92.203 or 92.204 of V.T.C.A. Property Code, as amended. Sec. 4 -321. Minimum Responsibilities of Occupant. An occupant shall: ORDINANCE NO. 1084 , PAGE 11 OF ?3 (1) Maintain those portions of the interior of a dwelling unit structure under their control free from rubbish, garbage, and other conditions that would encourage infestation of insects, rodents, vermin, and unsanitary conditions; (2) An occupant shall keep occupied area and all plumbing equipment and facilities provided in a clean, sanitary condition at all times; (3) An occupant shall connect plumbing fixtures and heating equipment that the occupant supplies in accordance with the applicable City of Euless codes; (4) An occupant shall not alter a dwelling unit or its facilities so as to create a nonconformity with Sections 4 -306 through 4 -317 of this Article. ARTICLE III. INSPECTIONS Sec. 4 -322. Inspections - Authorized. The Administrator is hereby authorized to make inspections to determine the condition of dwelling units and premises located within the city in order that they may perform their duties of safeguarding the safety, health and welfare of the occupants and of the general public. Sec. 4 -323. Same - Specifically Required. The Administrator is hereby: (1) Directed to inspect any dwelling unit, wall or other part thereof when complaints are filed by any person or any city department, division or section to the effect that a dwelling unit, wall or part thereof is, or may be, existing in violation of this chapter. (2) Authorized to inspect dwelling units in all parts of the city to determine whether they are uninhabitable and dangerous. Sec. 4 -324. Right of Entry of Administrator For the purpose of making the inspections authorized and required by the provisions of this article, the Administrator is hereby authorized to enter, examine and survey at all reasonable times all dwelling units and all premises within the city. The owner or occupant of every dwelling unit or the person in charge thereof shall give the Administrator free access to such dwelling unit and its premises, at all reasonable times for the purpose of such inspection, examination and survey. Should the owner, agent or occupant refuse entry, the Administrator may secure a warrant to enter said premises. Sec. 4 -325. Inspection Fees. A fee shall be charged by the city for each building it is called upon to inspect by any rule or requirement of the federal government. Said fee ORDINANCE NO. 1084 , PAGE 12 OF 23 shall be paid in advance of the City under - taking any inspection. Refer to Chapter 30 of the Euless Code of Ordinances for Fee Schedule. Sec. 4 -326. Right of Entry of Owner. Every occupant of a dwelling unit shall give the owner thereof, his agent or employee access to any part of such dwelling unit, or its premises, at all reasonable times for the purpose, of making repairs or alteration or for such other purposes as are necessary to effect compliance with the provisions of this chapter. DIVISION IV. REPAIR, VACATION, DEMOLITION OF DWELLING OR APARTMENTS Sec. 4 -327. Conditions or Defects Constituting an Uninhabitable and Dangerous Dwelling Unit. Refer to the current Uniform Code for Abatement of Dangerous Buildings. Sec. 4 -328. Elimination of Uninhabitable and Dangerous Dwellings. Refer to the current Uniform Code for Abatement of Dangeous Buildings. DIVISION V. DANGEROUS DWELLING UNIT - PROCEDURE FOR ELIMINATION Sec. 4 -329. Notice. Refer to the current Uniform Code for Abatement of Dangerous Buildings. Sec. 4 -330. Violation for Failure to Obey Posted Notice. A person commits an offense if: (1) Without authority from the City of Euless, they remove or destroy a placard placed by the City. (2) The person occupies a vacant dwelling unit on which a placard has been placed. (3) The owner and /or property manager of a dwelling unit, authorizes a person to occupy a vacant dwelling unit on which the City has placed a placard. Sec. 4 -331. Procedure for Demolition. Refer to the current Uniform Code for Abatement of Dangerous Buildings. Sec. 4 -332. Emergency Action by the City. Where an abandoned dwelling unit or units, apartment complex or multiple family dwelling complex exists, or an unsanitary swimming pool or foun- tain exists, and the Administrator determines said buildings or pool or fountain pose an immediate danger to the life or safety of any person, said official may give notice to the owner or property manager that the abandoned dwelling unit or units, apartment complex or multiple family dwelling complex must be fenced according to this Section or that the ORDINANCE NO. 1084 , PAGE 13 OF 23 unsanitary swimming pool or fountain must be drained, and if said remedi- al actions are not accomplished within ten (10) days after delivery of notice, said official may have a fence erected to enclose the property or have the pool emptied, and any expenses incurred by the City of Euless in doing or having the work done shall be liened on the real estate upon which such expense is incurred. On filing with the County Clerk of Tarrant County a statement by the Administrator of such expenses, city shall have a lien thereon to secure the expenditure so made and ten percent (10 %) interest per annum on the amount from the date of such expense. For any such expenditures, and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improve- ments. The specifications for the fence shall be six (6) feet in height with three (3) strands of barb wire above the six (6) foot fence on vertical arms or arms directed inward, notwithstanding any other ordinance. Appropriate placards shall be posted in conspicuous locations throughout the area. Sec. 4 -333. Mobile Homes - Affirmative Defense. It is the intent and purpose of this chapter to apply its provisions to all dwelling units, including those within mobile home parks to the greatest extent possible without encroaching upon clearly preemptive federal and state statutes. Accordingly, it shall be an affirmative defense to prosecution under a provision of this chapter J t';-10 dwelling unit alleged to be in violation is within a mobile home park and if said provision is any standard regarding construction or safety applicable to the same aspect of performance as a preemptive federal or state regula- tion. DIVISION VI. MULTIPLE FAMILY DWELLING LICENSE Sec. 4 -334. License Required. (1) It shall be unlawful for any person to own, operate, manage or maintain a multiple family dwelling complex in the City without a current and valid license having been issued for each multiple family dwelling complex. Any person owning, operating, managing or maintaining a multiple family dwelling complex at more than one location shall obtain a license for each separate location. (2) An owner, or the owner's authorized agent, of a multiple family dwelling complex shall file with the Administrator or his office, the trade name of this apartment complex and it shall be unlawful for any person to use or permit to be used more than one trade name at a single location. (3) A multiple family dwelling complex under the ownership of a condo- minium regime shall have only one license. ORDINANCE NO. 1084 , PAGE 14 OF 23 Sec. 4 -335. License Application, Place of Business, Issuance, Renewal and Expiration. (1) An applicant for a license shall file with the Administrator or his office, a written application upon a form provided for that purpose which shall be signed by the owner, or its agent, and /or the proper- ty manager. Should an applicant own a multiple family dwelling complex at more than one location, a separate application shall be filed for each location. The following information shall be required in the application: Name, address, telephone number of owner, property manager, resident manager, mortgagee (if there is a mortgage against property), insurance company, trade name of apartment complex; names and addresses of all registered agents if in case the parties above named are corporations; zoning categories; number of dwelling units broken down as to number of efficiencies, one - bedroom, two - bedroom and three - bedroom; acknowledgment of receipt of copy of "Euless Minimum Housing Code" and agreement to abide by same as a condition to receiving and maintaining a license. (2) Parties currently owning, operating, managing or maintaining apart- ment complexes shall apply for a license no later than October ', 1992. (3) All licenses expire on the 31st day of December of each year and shall be renewed no later than January 1 of the next year. (4) The Administrator may, at any time, require additional relevant information of the owner or property manager to clarity items on the application. (5) Upon changing more than 20% of the ownership of the apartment complex or a change of the general partner, a new license shall be obtained within thirty (30) days of the change with the fee charged for the change on prorated basis. The owner shall notify the Administrator within 30 days of the change of ownership, property manager or resident manager. (6) Each day after 30 days in which the owner or licensee fails to notify the Administrator in writing of change in ownership or a change in property manager or resident manager, shall constitute a separate offense. (7) A condominium regime seeking a license shall provide the foregoing information and in addition shall provide a copy file marked by the County Clerk of the instrument creating the condominium regime. In addition, the condominium regime shall name a designated agent to ORDINANCE NO 1084 PAGE 15 OF 23 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. Sec. 4 -336. License Fees. No license shall be issued until all prerequisites have been met and payment made for the license. The fee to be paid for a license shall be charged per dwelling unit per month /per annum. Should additional dwelling units be constructed on the multi- family premises after a license has been issued, no Certificate of Occupancy shall be issued for the new units until the regular fee per dwelling unit has been paid. Refer to Chapter 1 1/2 of the Euless Code of Ordinances for Fee Schedule. The regular license fee for a license period after December 31, 1992, is non - refundable but it shall be prorated and no charge shall be made for the whole months between January 1 and the date the multiple family dwelling complex begins operation. Should the license payment be made by check or other instrument which is not honored, the license for which the payment was made to secure shall become null and void without additional action by City. A washateria, club house, office, etc. will be counted as a unit. This fee is to be paid at the time of initial application and each renewal application. The fee for issuing a replacement or duplicate license shall be charged. Refer to Chapter 1 1/2 of the Euless Code of Ordinances for Fee Schedule. Sec. 4 -337. License Display, Replacement and Transferability. (1) Each license issued pursuant to this ordinance to a multiple- family dwelling unit or condominium shall be posted and displayed in the multi- family dwelling complex office or condominium office in a conspicuous place to which tenants have access. (2) A replacement license may be issued for one lost, destroyed or mutilated upon application on the form provided by the Building Inspector. A replacement license shall have the word "Replacement" stamped across its face and shall bear the same number as the one it replaces. (3) A multi - family dwelling complex license is not assignable or trans- ferable. (4) The form of the license shall be prepared by the Administrator. Sec. 4 -338. License Standards. (1) Standards. Continued maintenance and observance of the standards contained in this chapter are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. ORDINANCE N0. 1084 , PAGE 16 OF 23 (2) All city building, electrical, plumbing, heating, air conditioning, health, zoning, fire safety and other applicable ordinances not specifically identified in the main body of this ordinance shall be complied with at all times. (3) Notwithstanding the provisions of all other city ordinances, the maximum number of persons per dwelling unit density for dwelling units in a multiple - family dwelling complex is as follows: (a) No more than two (2) 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 density shall not exceed three (3) occupants; in a two- bedroom unit, the density shall not exceed five (5) occupants; in a three - bedroom unit, the density shall not exceed seven (7) occupants. (b) To assist compliance with this requirement, all licensees shall display in a conspicuous place, contiguous to the displayed license, the following notice, the form of which shall be furnished by the city. CITY OF EULESS, IMPOSES THE FOLLOWING MAXIMUM DENSITY REQUIREMENTS: 1- Bedroom or Efficiency Unit - No more than three (3) occupants per unit. 2- Bedroom - No more than five (5) occupants per unit. 3- Bedroom - No more than seven (7) occupants per unit. Or, in the alternative, licensee may display a similar notice, contiguous to the displayed license that states licensees density requirements provided said requirements are as strict or stricter than the standards set by Section 4- 338(3)(a). (c) Licensee shall keep records that reflect the names of all tenants in each unit. Said records shall be available for review by the Administrator during regular working hours and upon receipt of reasonable notice. (d) It shall be unlawful and a violation of this ordinance for an owner, property manager or resident manager, to knowingly permit or allow a violation of any of the terms of Section 4 -338. It shall be unlawful for a tenant to violate any of the terms of Section 4 -338 or to permit or allow any persons to reside in the unit in violation of Section 4 -338. (e) Density requirements of Section 4- 338(3)(a) shall not be applicable to a family residing in a dwelling unit on the effective date of this ordinance 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. ORDINANCE NO. 1084 . PAGE 17 OF 23 (f) An owner shall not be prohibited from establishing a more restrictive density for each dwelling unit within an apartment complex, provided the density is based upon persons per each established bedroom. The established density shall be posted contiguous to the displayed license and shall be on a form provided by the Administrator. Sec. 4 -339. Inspections, Reinspections and Certificate of Occupancy. (1) The owner, resident manager and /or property manager, as a condition to the issuance of the license required by this ordinance, shall consent and agree to permit and allow the Administrator to make the following inspections of the apartment complex when and as needed to ensure compliance with this ordinance. (a) The Administrator has right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the owner, property or resident manager. (b) Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to owner, resident or property manag- er. (c) Right and access to inspect all occupied dwelling uni�,s when, upon reliable information, the Adminstrator has reason to believe that violations of the ordinances of the city, state or federal laws exist that involve serious threats to life, safety, health and property. (d) Semi - annually, once each six months, the owner, 'resident manager or property manager shall make all unoccupied dwelling units in the apartment complex and any occupied dwelling units where the occupant expressly allows it available for inspection by the Adminstrator. The Administrator and the owner, resident manager and /or property manager shall agree on a reasonable date and time for each semi- annual inspection. (2) The Administrator may enforce the provisions of this ordinance, upon presentation of property identification to the occupant in charge of any unit, and 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 persons, loss of life or severe property damage, the Administrator may enter the aforementioned dwellings at any time and the requirement for presentation of identification and the occupant's permission shall not apply. Whenever the Administrator is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the Administrator shall submit to the magistrate an affidavit setting forth his belief that ORDINANCE NO. 1084 , PAGE 18 OF 23 a violation of this ordinance exists with respect to the place sought to be inspected and the reasons for such belief. Such affidavit shall designate the location of such place and the name of the person believed to be the occupant thereof, if known. If the magistrate finds that probable cause exists for an inspection of the premises in question, a warrant may be issued, authorizing the inspection, such warrant describing the premises with sufficient certainty to identify same. Any warrants issued will constitute authority for the Administrator to enter upon and inspect the premises described therein. (3) In the event any of the inspections authorized in this ordinance require a second reinspection due to noted violation, then a $25.00 reinspection fee per dwelling unit inspected shall be paid prior to the second reinspection. Refer to Chapter 30 of the Euless Code of Ordinances for Fee Schedule. (4) Certificate of Occupancy. Failure to comply with the terms of this ordinance after receipt of written notice of the violation from the Administrator setting out the violations and the time allowed to rectify the violations, the owner's Certificate of Occupancy may be withdrawn and the license authorized by this ordinance may be cancelled. The Administrator may notify all public utility compa- nies serving the apartment complex that the Certificate of Occupancy has been withdrawn and request that all public utility services be discontinued. (5) Reinstatement. Any person requesting a reinstatement or reissuance of the Certificate of Occupancy shall be required to apply for and receive a new license issued under this ordinance as a condition precedent to the reissuance or reinstatement of the Certificate of Occupancy. Sec. 4 -340. Appeals to the City. (1) The owner, resident manager or property manager of such property may appeal any decision or order of the Administrator to the Board of Adjustments or its designated representative of the City of Euless, by filing at the Office of the Board of Adjustments, within five (5) working days (Monday through Friday) of such decision or order, a written appeal to the Board of Adjustments on a form to be supplied by the Board of Adjustments. (2) As soon as practicable after receiving the written appeal, the Board of Adjustments shall fix a date, time and place for the hearing of the appeal. Written notice of such date, time and place of the hearing shall be given to each appellant by the Board of Adjust- ments, 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 his address shown on the written appeal, or if none, to the address shown on the last issued license. (3) Failure of any person to file an appeal in accordance with the provisions of this Code shall constitute a waiver of his right of a ORDINANCE NO. 1084 PAGE 19 OF 23 hearing by the Board of Adjustments and the Administrator's decision shall be final. (4) Orders of the Administrator are stayed pending appeal. (5) Decision of the Board of Adjustments is final. DIVISION VII. UTILITIES TO MASTER METERED APARTMENT HOUSES Sec. 4 -341. Definitions in this Article. (1) Essential Utility Service. Gas, electric, water and sanitary sewer. (2) Master Metered Apartment House. An apartment house where the occupants are provided one or more utility services for which they do not pay the utility company directly. (3) Utility Company. The entity providing gas, electric service, water or sanitary sewer to a master metered apartment house. (4) Utility Interruption. The termination of utility service to a master metered apartment house by a utility company for non - payment of billed service or non -code compliance. Sec. 4 -342. Records of Ownership and Management Maintained by Utility Compa- nies. (1) Before providing utility service to a new account at a master metered apartment house, a utility company shall obtain: (a) the name and address of the owner or owners of the building; (b) the name and address of the property manager responsible for paying the utility bills; and (c) the name and address of any lien holder mortgagees, if any. (2) The utility company shall maintain a record of the information obtained under Subsection (1) and shall make it available to the Administrator. (3) The applicant for utility service shall provide the information required in Subsection (1) to the utility company. Sec. 4 -343. Notice to Tenants. (1) The owner or property manager of a master metered apartment house shall post and maintain a notice in accordance with Subsection (2) containing the name, address and telephone number of the person with authority and responsibility for making payment to the utility companies for utility bills. The owner or property manager shall correct the notice within 10 days of any change in the information given in the notice. ORDINANCE NO. 1084 1 PAGE 20 OF ?3 (2) The notice must be posted in a conspicuous place in a common area of the master metered apartment house so that it is accessible to tenants at all times, easily readable, protected from the weather, and visible from the common area. For the purpose of this section, a common area includes, but is not limited to, a common corridor or passageway, a laundry room, the area adjacent to a grouped mail box location or an area adjacent to the manager's office. (3) For the purpose of this section, the notice may be placed on the inside of a glass door or window in the manager's office or a tenant's apartment as long as all requirements of Subsection (2) are met. (4) An offense is committed if a person knowingly removes or mutilates a posted notice required under Subsection (1). (5) It is a defense to prosecution under Subsection (4) if the person was authorized by the owner or property manager to replace the notice in order to correct the information. Sec. 4 -344. Notice of Utility Interruption. (1) A utility company shall 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. (2) An offense is committed if a person knowingly: (a) interferes with an employee of a utility company posting notices of a utility interruption at dwelling units of a master metered apartment house; or (b) removes a notice of utility interruption posted at a dwelling unit of a master metered apartment house. (3) It is a defense to prosecution under Subsection (2)(b) that the person is the resident of the dwelling unit from which notice was removed. (4) A utility company providing gas, electricity, water or sanitary sewer shall send to the Administrator a copy of each termination of service letter or notice sent to the owner, manager or property manager of a master metered apartment house prior to disconnecting service. Sec. 4 -345. Non - payment of Utility Bills - Essential Utility Service. (1) The owner or property manager of a master metered apartment house commits an offense if there is failure to pay a utility bill and the non - payment results in the interruption to any dwelling unit of a utility service essential to the habitability of the unit and to the health of the occupants. Essential utility services are gas, electric, water and sanitary sewer. ORDINANCE NO. 1084 PAGE 21 OF 23 (2) The owner or property manager of a master metered apartment house who violates Subsection (1) is guilty of a separate offense for each dwelling unit to which utility service is interrupted. (3) 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 master metered apartment house. Sec. 4 -346. Notice of Violation. (1) When the Administrator determine that there is a violation of this chapter they shall give notice of the violation to the owner or the person responsible. The notice must be in writing, specifying the alleged violations and providing a length of time for compliance. Notice to the owner of a multiple family dwelling complex shall be effective upon placing said notice in the U.S. Mail, postage paid and addressed to the name and address shown on the multiple family dwelling complex application for the current multiple family dwell- ing complex license or by hand delivery. Notice to the owner of a dwelling unit or units which do not consti- tute a multiple family dwelling complex shall be effective upon placing said notice in the U.S. Mail, postage paid to the owner's address shown on the latest Tarrant Appraisal District tax roll or in hand delivery to the owner. (2) If the owner of the property resides outside Tarrant County, the Administrator may give notice to the property manager. Upon receipt of a notice of violation, a property manager shall notify the owner of the specifics of the notice of violation and shall make every reasonable effort to have the owner correct the violation. (3) The Administrator had the authority to enforce provisions of this chapter. Sec. 4 -347. Penalty. Any person, firm, or corporation violating the terms and provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section 1 -6 of this Code of Ordinances, and each day that such violation continues shall be a separate offense; this penalty shall be cumulative of all other remedies. Any such violation shall be deemed a violation of a provision governing public health and sanitation under said Section 1 -6 of this Code. SECTION 2. SEVERABILITY CLAUSE. That the terms and provisions of this ordinance shall be deemed to be severable and that it the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. ORDINANCE NO. 1084 , PAGE 22 OF 23 SECTION 3. That all ordinances or parts of ordinances inconsistent of or conflicting with the provisions of this ordinance are hereby expressly re- pealed; provided, however, that the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance, but prosecutions for such offenses may be instituted and causes presently pending proceeded with in all aspects as if such prior ordinance has not been repealed. SECTION 4. The fact that the present ordinances and regulations of the City of Euless are inadequate to properly regulate the minimum standards for housing in the corporate limits of the City of Euless, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Euless, and it is accordingly so ordained. PRESENTED AND GIVEN ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 25th day of August 1992, by a vote of 7 ayes, 0 nays, and o abstentions. APPROVED: Harold Samuels, Mayor ATTEST: san Crim, ity Secretary APPROVED A"0 FORM: ity ORDINANCE NO. 1084 , PAGE 23 OF 23