The landlord of a multifamily dwelling complex shall provide the following crime prevention measures.
(a) Signs for emergencies and code violations. A landlord of a multifamily dwelling complex shall post and maintain signs on the premises of the complex which include the following:
(1) Emergency numbers. The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any 24-hour period. Emergency conditions shall include fire, natural disaster, flood, collapse hazard, burst pipes or violent crime; and
(2) Notice for reporting code violations. A sign for reporting code violations to the city in a form approved by the director.
(b) Sign requirements. The sign required by this section shall be a minimum of 12 inches by 24 inches. Sign facings shall be fabricated out of weather-proof material. The signs shall have a white background, with letters and numbers in a contrasting color. At each multifamily dwelling complex there shall be at least one sign posted, and an additional sign for each 50 dwelling units in excess of 50. The signs shall be prominently displayed in exterior, publicly accessible areas of the complex. If the complex has an on-site management office, one sign shall be on the exterior of the office.
(c) Lighting.
(1) Exterior illumination shall be provided at appropriate points adjacent to all building entrances, including individual dwelling units. Lighting shall be sufficient to illuminate areas where hazards may reasonably exist, and shall be operable between a half hour before sunset and a half hour after sunrise.
(2) Control mechanisms for such illumination shall be activated and deactivated by a photo cell or seasonally-adjusted timer switch, not operable by individual tenants of the complex except at individual dwelling units.
(3) A landlord shall repair all inoperable exterior lighting fixtures within a reasonable period of time after being notified that the fixture is not working. In no instance shall a reasonable period of time be deemed to mean more than seven days.
(d) Vacant buildings.
(1) All openings in vacant buildings and dwellings shall be closed and secured from unlawful entry by the installation and maintenance of appropriate locking devices and intact doors and windows which are proportioned to securely and completely fit the openings.
(2) Alternatively, with the approval of the director openings may be temporarily secured by means of the installation of proportioned wood materials in good condition. The surfaces of such materials exposed to the weather shall be protected with the application of exterior grade paint, or a similar weather resistant finish, which blends with the background color of the building.
(e) Security gate access.
(1) A landlord of a multifamily dwelling complex which has unstaffed security gates which restrict vehicle access onto the premises shall provide the chief of police with master codes to the gates so that police vehicles and personnel and ambulance and ambulance personnel are allowed unrestricted entry onto the premises when responding to emergencies and calls for service and routine patrols.
(2) Prior to changing the master codes, the landlord shall notify the chief of police of the new codes.
(3) All security gates shall be equipped with a manual override to be used in the event of a power outage or system failure. The landlord shall notify the chief of police of the location of the override.
(4) Access through such security gates by fire trucks and fire personnel shall be provided as required by the fire code.
a. Fire lanes shall be maintained in good condition with clearly visible markings.
b. Fire lanes shall be marked by a four-inch red line with “No Parking—Fire Lane” stenciled with white paint every 25 feet.
c. Fire lanes shall be signed with approved traffic signs 12 inches wide and 18 inches tall which state, “No Parking—Fire Lane.” A sign stating “Tow-Away Zone,” produced on a white background with red lettering shall accompany each of these. Signs shall be mounted so that the bottom of the sign is six feet six inches from the grade.
d. Fire lanes shall be kept clear of obstructions such as motor vehicles, solid waste collection bins, equipment or other similar items.
(f) Graffiti abatement. A landlord shall remove graffiti from the landlord’s multifamily dwelling complex as required by Appendix B of the city code.
(g) Occupancy limits. A landlord shall not permit a dwelling unit within the complex to be occupied other than by a family, as that term is defined within this code, and shall not permit the number of persons occupying a dwelling unit to exceed the occupancy load of the unit based on the standards set in the minimum building standards code.
(h) Tenant responsibility. Even the best security plans, devices and systems cannot completely prevent crime. The best safety measures a tenant of a multifamily dwelling complex can utilize are those performed out of common sense and habit. Such measures include locking doors and windows, not opening doors to strangers, and promptly reporting malfunctioning security devices and exterior lighting to the landlord.
(i) Multifamily dwelling complex of eight or more units. The landlord of each multifamily dwelling complex consisting of eight or more units shall ensure that, within six months of hire, each on-site manager and each employee authorized to show an apartment or execute a lease with prospective tenants attends an eight-hour training course which is approved by the chief of police on the subject of crime free multi-housing. Each calendar year the landlord or at least one employee for the complex shall attend a refresher training course. This provision shall become effective January 1, 2014.
(j) Multifamily dwelling complex consisting of three or more units. The landlord at a multifamily dwelling complex consisting of three or more units shall require the prospective tenant to execute a lease. The lease shall include one of the following provisions for each new lease or lease renewal for a unit which is executed after January 1, 2012:
(1) A standardized lease promulgated by the Texas Apartment Association containing a prohibition of criminal conduct on or about the premises;
(2) A standardized lease promulgated by the Texas Association of Realtors containing a prohibition of criminal conduct on or about the premises;
(3) A lease with an equivalent provision to (j)(1) or (j)(2) above containing a prohibition of criminal conduct on or about the premises; or
(4) A crime free lease addendum to read as follows: In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, owner and resident agree as follows:
a. Resident shall not engage in any activity on or near the dwelling unit premises that would subject the resident to a penalty of a Class C misdemeanor that involves possession of drug paraphernalia, assault or disorderly conduct; Texas Penal Code Class A or B misdemeanors; Texas Penal Code Felony or Texas Health and Safety Code violation or engage in any hazardous conduct that otherwise jeopardizes the health, safety and welfare of the landlord, his or her agent or other tenant or involving imminent or actual serious property damage. Nothing in this provision shall be construed as requiring or encouraging the eviction or termination of a lease of a victim of domestic violence.
b. 1. Resident shall not permit any household member or guest to engage in any activity on or near the dwelling unit premises that would subject the resident to a penalty of a Class C misdemeanor that involves possession of drug paraphernalia, assault or disorderly conduct; Texas Penal Code Class A or B misdemeanors; Texas Penal Code Felony or Texas Health and Safety Code violation or engage in any hazardous conduct that otherwise jeopardizes the health, safety and welfare of the landlord, his or her agent or other tenant or involving imminent or actual serious property damage. Nothing in this provision shall be construed as requiring or encouraging the eviction or termination of a lease of a victim of domestic violence.
2. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY. A single violation of any provisions of this addendum shall be deemed a serious violation and a material noncompliance with the terms of this lease. It is understood that a single violation shall be good cause for the immediate termination of the lease. Unless otherwise provided by law, proof of a violation of law prohibited by this addendum shall not require a criminal conviction, but shall be by a preponderance of the evidence.
3. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern.
4. This lease addendum is incorporated into the lease executed or renewed this day between owner and resident.
(k) Crime prevention. Each multifamily dwelling complex consisting of eight or more units shall be subject to a crime prevention through environmental design (CPTED) inspection conducted by the chief of police who shall advise the landlord of the findings.
(l) Landlord; offense. A landlord commits an offense if the landlord knowingly violates any provision of this section or fails to comply with any provision of this section.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 17827, § 7, passed 10-9-2007; Ord. 19998-12-2011, § 10, passed 12-6-2011)