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(a) This section applies to utilities provided by a landlord to a residential tenancy.
(b) Except as provided by subsection (c) below, a landlord shall not interrupt or cause the interruption of electric, gas, water and sewage utility service paid directly to a utility company by a tenant, or furnished to a tenant by the landlord, unless the interruption results from bona fide repairs, construction or an emergency. The phrase “cause the interruption of” includes the cutoff of a utility by a utility company due to the landlord’s nonpayment of the utility bill.
(c) A landlord may interrupt or cause the interruption of electrical service furnished to a tenant by the landlord if:
(1) The electrical service furnished to the tenant is not individually metered or submetered for the dwelling unit;
(2) The electrical service connection with the utility company is in the name of the landlord or the landlord’s agent;
(3) The tenant is at least seven days late in paying the rent;
(4) The landlord has mailed or hand-delivered to the tenant at least five days before the date the electrical service is interrupted a written notice that states:
a. The earliest date of the proposed termination of electrical service;
b. The amount of rent the tenant must pay to avert the interruption; and
c. The name and location of the individual to whom or the location of the on-site management office where the delinquent rent may be paid during the landlord’s normal business hours.
(5) The interruption does not begin before or after the landlord’s normal business hours; and
(6) The interruption does not begin on a day, or on a day immediately preceding a day, when the landlord or other designated individual is not available or the on-site management office is not open to accept rent and restore electrical service.
(Ord. 13743, § 1, passed 3-23-1999)
(a) Infestations. Where evidence of infestation exists, the owner or landlord of a vacant one- or two- family dwelling, a vacant or occupied multifamily dwelling, or any other building, structure or property, shall eliminate infestations of vectors, rodents or other pests. It shall be a defense if the landlord can show that the landlord had a vacant one- or two-family dwelling, a vacant or occupied multifamily dwelling, or any other building, structure or property treated to eliminate vectors, rodents or other pests within the preceding 30 days.
(b) Screens.
(1) On every dwelling unit not provided with a thermostatically controlled central heating and air conditioning system, all exterior openings capable of being used for ventilation shall be securely screened with 16/18 mesh insect wire to prevent the entrance of vectors and other pests.
(2) This requirement shall not apply to exterior doors. All other exterior openings that could allow the entry of vectors and other pests shall be securely screened, closed or sealed.
(c) Public toilet and shower facilities. Toilet and shower facilities provided for public use in retail stores, places of public assembly and common areas of a multifamily dwelling shall be maintained in a sanitary and operative condition.
(d) Swimming pools, spas, ponds and fountains. Water in swimming pools, spas, ponds, fountains and other containers shall be maintained to prevent the breeding or harborage of insects, and shall not emit odors that are foul and offensive to a person of reasonable sensibilities.
(e) Sewage overflow. All areas contaminated by sewage overflow shall be sanitized immediately after servicing is completed.
(f) Vacant dwellings. The interiors of all vacant dwelling units shall be maintained free of solid waste. The owner or landlord of a vacant dwelling unit shall not use it for the storage of swimming pool chemicals, cleaning chemicals, pesticides, herbicides, rodenticides, fertilizers, paints, solvents, gasoline, gasoline-powered equipment or combustible materials of any kind.
(g) Public areas. The premises of any building or structure shall be maintained free of weeds or grass in excess of 12 inches and accumulations of solid waste.
(h) Solid waste collection in multifamily dwellings.
(1) A landlord shall make certain that solid waste is collected from a multifamily dwelling a minimum of once each week. The use of city solid waste collection service is optional for multifamily dwellings. The collection and storage for collection of solid waste at a multifamily dwelling shall conform to the requirements of Article VIII of the environment code of the City of Fort Worth.
(2) A landlord who furnishes commercial waste containers at a multifamily dwelling, for city or private collection services, shall maintain such containers in good mechanical condition and shall repair such containers when necessary. Except while being cleaned, the drain plugs of such containers shall be secured in the drain holes to prevent leaking.
(3) A landlord who furnishes commercial waste containers at a multifamily dwelling, for city or private collection services, shall cause such containers to be emptied a minimum of once every seven days. The director of the code compliance department, and his authorized representatives, may when necessary to safeguard the environment or the public health, safety or welfare, order a landlord:
a. To empty the containers more often than weekly;
b. To increase the number of commercial waste containers on their premises; and
c. To increase the size of the commercial waste containers used on the premises.
(4) A landlord who furnishes commercial waste containers at a multifamily dwelling shall have such containers emptied as often as necessary to prevent their contents from overflowing or causing offensive odors, and shall be responsible for cleaning the interior surfaces of such containers as often as necessary to keep the surfaces free of garbage and other organic material.
(5) A landlord who furnishes commercial waste containers, shall have the containers placed on the premises of the multifamily dwelling in a position where the doors and lids will not be obstructed when being opened or closed, and where the containers may be freely serviced or emptied. Commercial waste containers shall not be placed on or over any public rights-of-way, alleys, streets and parkways, in a required parking space or off the premises of the owner’s property.
(6) Each person who uses commercial waste containers at a multifamily dwelling for the disposal of putrescible waste, and each landlord of a complex where such containers are located, shall keep all lids and doors of the containers securely closed at all times, except when being emptied or filled. All garbage and rubbish shall be placed in plastic bags, which have been tied or otherwise secured, prior to being placed in such containers.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 17, passed 3-19-2019)
(a) Storage.
(1) Storage of any articles is prohibited under the exit stairways of any building or structure. This prohibition shall not apply to enclosed storage areas located under stairways which were built and which are maintained in accordance with the building code and the fire code.
(2) Storage of appliances, household furnishings, construction materials, automotive parts, junk or similar materials is prohibited within the curtilage of residentially used property. This prohibition shall not apply to the storage or display of barbecue grills, patio furniture or recreational equipment designed for exterior use, or to construction materials on the premises for an active, in-progress construction project.
(b) Playground equipment at multifamily dwelling complexes of eight units or more, as defined in § 7-394.
(1) An owner or landlord of a multifamily dwelling complex shall maintain records of annual inspections by maintenance personnel that document that playground equipment, where provided, is maintained in good condition as follows:
a. Free from protruding nails and screws, sharp edges, rusted metal and splintered wood, metal or plastic;
b. Capable of resisting all forces and loads for which they were designed and constructed; and
c. With all structural elements intact, proportioned and securely fastened and anchored to prevent collapse hazards.
(2) Records required by this subsection (b) shall be maintained in the business office of the complex for a period of not less than three years, and shall be made available to the director upon request.
(c) Dead trees and limbs. Dead trees and tree limbs, which are reasonably capable of causing injury to persons or damage to property, shall be abated within seven days after:
(1) Being discovered by the owner or landlord or the owner or landlord’s maintenance personnel; or
(2) The owner or landlord is notified of their existence.
(d) Special hazards.
(1) When any building or structure is significantly damaged by fire, flood, wind or other natural or human-made calamity, the owner or landlord shall remove from the premises all refuse, debris and charred and partially burned lumber and other material.
(2) If a building or structure is damaged to such an extent that it is not capable of being repaired, the owner or landlord shall remove from the premises all of the remaining portion of the building or structure.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)
A landlord of a leased dwelling unit shall equip the unit with security devices at the landlord’s expense as follows.
(a) If a tenant is in possession of a dwelling unit, the landlord shall equip the unit with:
(1) A window latch on each exterior window of the dwelling unit;
(2) A doorknob lock or keyed dead bolt on each exterior door;
(3) A sliding door pin lock on each exterior sliding glass door of the dwelling;
(4) A sliding door handle latch or a sliding door security bar on each exterior sliding glass door of the dwelling; and
(5) A keyless bolting device and a door viewer on each exterior door of the dwelling including doors that open into interior corridors.
(b) If a tenant is in possession of a dwelling unit with French doors, one door of each pair of French doors shall meet the requirements of subsection (a) above and the other door shall have:
(1) A keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door and a keyless bolting device capable of insertion into the floor or threshold, each with a bolt having a throw of one inch or more; or
(2) A bolt installed inside the door and operated from the edge of the door, capable of insertion into the doorjamb above the door, and another bolt installed inside the door and operated from the edge of the door capable of insertion into the floor or threshold, each bolt having a throw of three-fourths inch or more.
(c) A landlord is exempt from installing a keyless bolting device on an exterior door of a dwelling unit if a tenant or occupant in the dwelling is over 55 years of age or has a physical or mental disability, the tenant requests, in writing, that the landlord deactivate or not install the keyless bolting device, and the tenant certifies in the request that the tenant or occupant is over 55 years of age or has a physical or mental disability. A landlord is not exempt as provided by this subsection (c) if the landlord knows that the requirements of this subsection (c) have not been met.
(d) A landlord is exempt from installing a keyed dead bolt or a doorknob lock on an exterior door if at the time the tenant agrees to lease the dwelling:
(1) At least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device installed in accordance with the height, strike plate and throw requirements of subsection (f) below; and
(2) All other exterior doors have a keyless bolting device installed in accordance with the height, strike plate and throw requirements of subsection (f) below.
(e) A security device required by this section shall be maintained in an operable condition while a tenant is in possession of a dwelling unit. However, a landlord may deactivate or remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door.
(f) Height, strike plate and throw requirements.
(1) A keyed dead bolt or a keyless bolting device required by this subsection (f) shall be installed at a height:
a. Not lower than 36 inches from the floor; and
b. Not higher than 54 inches from the floor if installed prior to September 1, 1993, and not higher than 48 inches from the floor if installed on or after September 1, 1993.
(2) A keyed dead bolt or a keyless bolting device shall:
a. Have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or
b. Be installed in a door with a metal doorjamb that serves as the strike plate.
(3) A keyed dead bolt or keyless dead bolt installed in a dwelling unit on or after September 1, 1993, shall have a bolt with a throw of not less than one inch.
(4) The requirements of this subsection (f) do not apply to keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of subsection (b) above.
(g) A sliding door pin lock or sliding door security bar shall be installed at a height not higher than 54 inches from the floor if installed prior to September 1, 1993, and not higher than 48 inches from the floor if installed on or after September 1, 1993.
(h) All security devices shall be operable from inside a dwelling unit without the use of a key, tool or special knowledge or effort, and shall comply with all applicable provisions of the building and fire codes.
(Ord. 13743, § 1, passed 3-23-1999)
(a) A person who is a tenant or a dwelling unit shall:
(1) Not disable the smoke detectors in the dwelling unit and shall maintain the smoke detectors in an operative condition;
(2) Not maintain or use any incinerator or barbecue pit in a manner that would cause a fire hazard, and shall not burn any combustible material in a manner that would endanger the life or property of any person thereby;
(3) Not use portable barbecues or cooking appliances within ten feet of a building or structure or on balconies, walkways or landings;
(4) Maintain the interior and exterior portions of the person’s dwelling unit free from accumulations of solid waste and other conditions conducive to the infestation of vectors and other pests;
(5) Connect plumbing fixtures and heating equipment that the tenant supplies in accordance with all applicable ordinances;
(6) Not alter a structure or its facilities so as to create a nonconformity with this article;
(7) Where evidence of infestation exists, provide for the extermination of vectors, rodents and other pests within the interior of an occupied dwelling unit within a one- or two-family dwelling. It shall be a defense if the tenant can show that the tenant had the dwelling unit treated to eliminate vectors, rodents and other pests within the preceding 30 days;
(8) Securely bag all household garbage or loose trash and refuse in fly-tight containers before depositing same inside a commercial solid waste container or placing it for collection;
(9) Securely close the door or lid to a commercial solid waste container after depositing solid waste therein;
(10) Not place or stack articles for disposal adjacent to, around or near a commercial solid waste container; and
(11) Not use flexible cords, such as extension cords, that exceed six feet in length when measured from end to end, or appliance cords that exceed six feet in length when measured from end to end. The combined length of an appliance cord and a flexible cord shall not exceed six feet in length.
(b) A person who is a tenant of a dwelling unit commits an offense if the person knowingly violates this section.
(Ord. 13743, § 1, passed 3-23-1999)
(a) When the director finds that any person has violated, or continues to violate, this article, the director may issue to such person a written notice of violation.
(b) No later than the tenth calendar day after receipt of the notice, the person may submit to the director, a written response which describes a plan of action to correct or abate violations identified in the notice of violation. The plan shall include specific actions to be taken by the person and a specific completion date in which violations will be corrected or abated.
(c) If the person denies that any violation is occurring, or contends that no corrective action is necessary, the person shall submit to the director no later than the tenth calendar day after receipt of the notice, a written explanation of the basis of any such denial or contention. The director shall review the written explanation of denial or contention and provide either a written or verbal response.
(d) Submission of an explanation and/or plan of action in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation.
(e) Issuance of a notice of violation shall not be a bar against taking any other action against the person, nor shall issuance of a notice of violation be a prerequisite for, taking any other action against the person.
(f) A notice of violation may be served either by personally serving the owner with written notice, or by mailing such notice by certified mail, return receipt requested to the person’s last known address and shall be deemed to have been served three calendar days after mailing.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)
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