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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.
(a) An owner who rents, leases to or allows another person to occupy a one-family dwelling or dwelling unit of a two-family dwelling, and is required to register by this division, shall file with the city a written registration application, on the form provided for that purpose, and signed by the owner of the dwelling to be registered.
(b) The registration shall be on a form prescribed by the code compliance director, and shall at a minimum contain the following information:
(1) The trade name, physical address and business address;
(2) The names, addresses and telephone numbers of the owner, property manager and resident manager; and the type of business entity which owns the complex;
(3) The name and physical address of designated employees or authorized representatives 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, burst pipes, collapse hazard and violent crime. A post office box shall not suffice for the address requirements of this section;
(4) The names, addresses and telephone numbers of any mortgagees;
(5) If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and address of any of the following:
a. For a corporation, a corporate officer;
b. For a partnership, a general partner;
c. For a limited liability company, the managing or administrative member;
d. For a limited partnership, a general partner;
e. For a limited liability partnership, a general partner;
f. For a limited liability limited partnership, a general partner;
g. For a trust, a trustee;
h. For a real estate investment trust, a general partner or an officer; and
i. For any other legal entity not named above, a duly authorized agent.
(6) If the property is owned by a person, other than an individual, who lives outside the State of Texas, the owner shall designate a registered agent, in the State of Texas, who will accept legal service on behalf of the owner. If the property is owned by a person who is an individual and who lives outside the State of Texas, the individual shall either designate a registered agent, in the State of Texas, who will accept legal service on behalf of the owner or provide a physical address where the owner may receive legal service. A designation of a registered agent under this section shall include the name and address of the agent; and
(7) If any change in the information required by this section occurs the owner shall notify the code compliance director within 30 days of the change, in a manner prescribed by the code compliance director.
(Ord. 17827, § 10, passed 10-9-2007)
(a) A first year fee of $200 for each one-family dwelling or dwelling unit of a two-family dwelling required to register shall be:
(1) Submitted with the registration form required by this division; and
(2) Submitted with a new registration upon a change of ownership of the one-family dwelling or dwelling unit of a two-family dwelling.
(b) Unless an additional year has been added under § 7-421(b), a second year fee of $100 for each one-family dwelling or dwelling unit of a two-family dwelling required to register shall be:
(1) Submitted with the registration form required by this division; and
(2) Submitted with a new registration upon a change of ownership of the one-family dwelling or dwelling unit of a two-family dwelling.
(c) A registration is valid for one year from the date the completed registration form is filed in the office of the code compliance director, and payment of the registration fee for that year has been made, unless the ownership of the complex changes.
(d) A registration is not assigned or transferable. If a change of ownership of the complex occurs during the period that a registration is otherwise valid, the landlord of the complex shall have 30 days from the date the change of ownership occurred to file a new registration with the code compliance director, and pay a new registration fee.
(e) If a one-family dwelling or dwelling unit of a two-family dwelling fails a follow-up inspection, the city shall assess the owner a follow-up inspection fee of $25. Written notice of the assessed follow-up inspection fee shall be sent by the code compliance director via United States mail to the owner.
(f) The owner of a one-family dwelling or dwelling unit of a two-family dwelling must file with the code compliance director a written request for an administrative hearing not later than the thirtieth day after the fee is assessed under subsection (e) above. The fee shall be considered assessed on the date the notice is mailed by the city to the landlord.
(g) An administrative hearing shall be conducted by the code compliance director on the assessment of a fee under subsection (e) of this section not later than the twentieth day after the date the hearing request is filed.
(Ord. 17827, § 10, passed 10-9-2007)
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