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(a) The city may invoke Tex. Local Government Code §§ 54.012 through 54.019, as amended, and petition the state district court or the applicable county court at law, through the city attorney, for either injunctive relief, civil penalties or both injunctive relief and civil penalties, whenever it appears that a person has violated, or continues to violate, any provision of this chapter.
(b) Pursuant to Tex. Local Government Code § 54.016, as amended, the city may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that:
(1) Prohibits specific conduct that violates the ordinance; or
(2) Requires specific conduct that is necessary for compliance with the ordinance.
(c) Pursuant to Tex. Local Government Code § 54.017, as amended, the city may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this chapter that relates to any matter specified in subsection (a) above, if the city proves that:
(1) The defendant was actually notified of the provisions of the chapter; and
(2) After the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinances or failed to take action necessary for compliance with the ordinance.
(d) The city may also institute suit to recover the cost of any actual damages incurred by the city, and any costs of response, remediation, abatement and restoration incurred by the city as allowed under state or federal laws, or at common law.
(e) In determining the amount of civil liability, the court should take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factors as justice requires.
(Ord. 17827, § 9, passed 10-9-2007)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meaning hereinafter designated. Where terms are not defined, they shall have their ordinary accepted meanings.
CODE COMPLIANCE DIRECTOR. The director of the code compliance department, or the director’s duly authorized representative.
DIRECTOR. The code compliance director and the director’s authorized representatives.
DWELLING UNIT. One or more habitable rooms, including an efficiency unit, which is intended to be occupied by one or more persons for living, sleeping, cooking, eating and sanitation purposes.
EFFICIENCY UNIT. A dwelling unit with one habitable room that contains facilities used for combined sleeping, living, cooking, eating and sanitation purposes.
EXISTING BUILDING. A building constructed in compliance with all codes at the time of construction, or one for which a legal building permit has been issued prior to the effective date of this division (October 22, 2007).
OWNER. Any person holding title to a one-family, two-family dwelling or unit of a two-family dwelling, according to the deed records in the county clerk’s office of the county in which the complex is situated, or the duly authorized agent of the person holding title to a one-family, two-family dwelling, or unit of a two-family dwelling, according to the deed records in the county clerk’s office of the county in which the complex is situated.
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
ONE-FAMILY DWELLING. A dwelling designed exclusively for residential occupancy by not more than one family, including a community-based residential home as defined by the Community Homes for Disabled Persons Location Act, Tex. Human Resources Code Chapter 123.001. One-family dwelling shall not include a two-family dwelling as defined by this section or a multifamily dwelling as defined by § 7-394 of Article IX.
TWO-FAMILY DWELLING. A dwelling designed exclusively for residential occupancy by two families, including a community-based residential home as defined by the Community Homes for Disabled Persons Location Act, Tex. Human Resources Code Chapter 123.001. Two-family dwelling shall not include a one-family dwelling as defined by this section or a multifamily dwelling as defined by § 7-394 of Article IX.
(Ord. 17827, § 10, passed 10-9-2007)
The purpose of this division is to safeguard the life, health, safety, welfare and property of individuals who, by rent, lease or permission, occupy one-family and dwelling units of two-family dwellings and the general public by developing a process to enforce the minimum building standards, and to provide equitable and practical criminal, administrative and civil penalties for the violation of minimum building standards.
(Ord. 17827, § 10, passed 10-9-2007)
(a) This division shall apply to all one-family dwellings and dwelling units of two-family dwellings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses.
(b) The code compliance director and the director’s authorized representatives are authorized to administer and enforce the provisions of this division and the minimum building standards code.
(Ord. 17827, § 10, passed 10-9-2007)
(a) An owner of a one-family dwelling or a dwelling unit of a two-family dwelling shall be required to register a minimum of two consecutive years if:
(1) It does not score at least 100 points, out of a possible one hundred 125 points, according to the periodic inspection report scale attached as Exhibit “B;”
(2) It has an inspection score of 100 to 120 points, according to the periodic inspection report scale attached as Exhibit “B,” and violations are not corrected within 30 calendar days; or
(3) An inspection uncovers a fire safety and/or public health and sanitation violation including, but not limited to:
a. Non-working doors, windows or escape routes required for emergency exit;
b. Non-working smoke detectors;
c. Inadequate heated air as required by city code;
d. Inadequate heated water as required by city code;
e. Unsafe or hazardous plumbing systems;
f. Unsafe or hazardous electrical systems; or
g. Hazardous structural conditions that could cause serious bodily injury due to collapse or partial collapse of a dwelling unit’s structural member.
(b) If during the period in which a one-family dwelling or dwelling unit of a two-family dwelling is registered, a subsequent condition that would require registration under subsection (a) above occurs, then the one-family dwelling or dwelling unit of a two-family dwelling shall be subject to all registration requirements of this division and fee requirements as set out in § 7-423(a) of this division for an additional year. The additional registration year shall commence from the date the current period of registration expires.
(Ord. 17827, § 10, passed 10-9-2007)
Editor’s note:
Exhibit “B” is not set out herein, but is on file and available for inspection in the offices of the city.
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