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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The City Administrator or his or her designee.
LOCAL CONTACT. An individual designated by an absent owner/landlord (one that lives outside of Godley), who is able to respond promptly (less than two hours) to an emergency at a rental property, subject to this chapter, on the owner/landlord's behalf and authorized to make decisions and act to remedy the emergency situation.
OWNER/LANDLORD. Any person or corporation/company that owns, leases or subleases residential rental property.
RENTAL PROPERTY. Any residential single-family, two-family, or multi-family dwelling unit, including manufactured homes, that is not owner occupied, and is rented or leased, whether or not rent is charged. RENTAL PROPERTY includes, but is not limited to: properties rented or leased to students, families, or any other persons; properties in which a family member of the owner resides in the home but the owner does not (regardless of whether additional persons also reside in the home); properties used as vacation rentals and hosted short-term rentals; properties owned by a company or corporation to house employees, whether rent is paid or not; and properties where a property caretaker lives in the home but the owner does not.
(Ord. 02032015-RENT, passed 2-3-2015; Ord. 11012016-BUILDING, passed 11-1-2016 )
(A) The owner/landlord or real estate manager of rental property (as defined by § 150.20), is required to register rental property with the city on a form provided by the Administrator by June 1 of each year or within 15 days of the property becoming rental property, if not previously registered with the city, and within 30 days if a rental property changes ownership. For purposes of this section, only one registration is required per property location, whether the property location consists of a two-family unit (duplex) or multi-family unit (triplex, quadplex, apartment building, and the like). The information required to register the rental property is as follows:
(1) Physical address of the rental property;
(2) Full name(s) of owner(s)/landlord(s);
(3) Name of the rental property, if not identified by the physical address (i.e. The Wilshire Apartments, Newport Condos, and the like);
(4) If the owner/landlord is a corporation or association, the name and address of the registered agent on file with the Texas Secretary of State;
(5) Full contact information of the owner/landlord (home phone, cell phone, business phone, fax number, email address, and mailing and physical address);
(6) Type of rental property (single-family, two-family, multi-family, and the like);
(7) The name and complete contact information for the local contact, if different than the owner/landlord, in the case of an absentee owner. The local contact cannot be someone who is listed on the lease;
(8) If a two-family or multi-family property, the number of individual rental units and buildings at the property;
(9) Telephone number that will be answered 24 hours a day (i.e. emergency phone number) by a responsible party (owner/landlord, local contact, and the like) as is required by Texas Property Code § 92.020, if applicable;
(10) Tenant names, the contact information for all persons listed on the current lease(s), and all current lease(s) shall be presented to the Administrator for review upon request; and
(11) Any other information, deemed necessary shall likewise be provided, as deemed necessary by the Administrator.
(B) An owner/landlord of rental property may not allow another person to occupy or lease rental property without a registration required by this section.
(Ord. 02032015-RENT, passed 2-3-2015; Ord. 11012016-BUILDING, passed 11-1-2016)
(A) The Administrator may order the inspection of the interior and/or exterior of a rental property if any of the following circumstances exist:
(1) The city receives a written or oral complaint from a tenant, neighbor, code officer, public works employee, police officer, or other interested party concerning a rental property indicating a current violation of the Godley Code of Ordinances, any of the standards and codes adopted by the city under this chapter,state law, or federal law or where the premises appear to be unsafe, dangerous, or hazardous to the public health or safety;
(2) Upon the first-time registration of a rental property with the city required by this subchapter;
(3) The failure of an owner to register rental property as required by this subchapter; or
(4) At any time the rental property is vacant, or without a tenant.
(B) When an inspection is ordered, a preliminary inspection shall be conducted by the Public Works Director or building inspector working at the direction of the city. This preliminary inspection is to identify issues of substantial concern that affect the habitability of the property involved, not merely aesthetic or surface level concerns. Dangerous electrical problems, water leaks, structural damage/insufficiencies, plumbing/sewer blockages, gas leaks, and other major problems will be the type of issues the city will be assessing.
(C) The preliminary inspection shall be conducted within ten days of the Administrator's order.
(D) A written report of the preliminary inspection shall be served on both the Administrator, the occupants of the home and owner/landlord or local contact within two days of the preliminary inspection. Actual notice must be achieved on the owner/landlord and/or local contact. This report shall contain a comprehensive list of any issues that require repair/remedy/correction with citation to the applicable law, regulation, and/or code offended. If no actionable issues are present, a written report detailing the preliminary inspection findings and passing performance shall be served on all parties as well, to close out the inspection.
(E) If actionable dangerous issues exist in the preliminary inspection report, the owner/landlord has five business days to remedy the issues and provide the Administrator proof of such compliance. The cost of any remedy is the responsibility of owner/landlord and not the tenant(s) or the city.
(F) Proof of compliance may be achieved by photos, receipts of materials/work, affidavits of compliance, and/or a second inspection by the Public Works Director or inspector working at the direction of the city.
(G) Failure to remedy a dangerous issue identified in the preliminary inspection within five business days, and/or the failure to provide proof of a remedy to all of the dangerous issues identified in the preliminary report, is a violation of this chapter and may result in the issuance of a criminal citation for the failure to comply. Additionally, a noncompliant owner/landlord, will also face a citation for each and every specific code, regulatory, and or state law violation present at the time. The preliminary inspection report shall serve as a warning to the owner/landowner.
(H) An owner/landlord of rental property, that wishes to contest the findings of a preliminary inspection report, may, at their own expense, seek an independent inspection of the rental property. A written report of this independent inspection shall be filed with the Administrator before the expiration of the five-day period for compliance. Such inspection must be conducted by a licensed building inspector, registered and licensed through the Texas Real Estate Commission. If this written independent inspection report conflicts in a substantial way with the preliminary inspection report, no citations may be issued for an offense under this subchapter, until the matter is heard before the governing body of the municipality - the City Council. The owner/landlord shall be notified of the date and time of the meeting and be allowed to present their position to the full Council. The Administrator shall be responsible fordetermining whether the independent inspection report and preliminary inspection report are substantially in conflict and invoke a hearing before the City Council. The decision before the City Council on such an issue is whether to authorize the issuance of citations, to designate a period for compliance, and/or to close out an ordered inspection file.
(I) The owner/landlord of the rental property shall permit the Public Works Director, Administrator, and/or building inspector working at the direction of the city, to enter the rental property (exterior and interior) when necessary to review compliance with this subchapter for the purposes of performing an inspection and/or to follow-up on a previous inspection. If the property to be inspected is occupied by a tenant or tenants, consent must be achieved of at least one occupant of legal age and authority to provide consent. If no consent of the occupants may be achieved, the city shall be responsible for seeking and obtaining a valid administrative search warrant issued by a court of competent jurisdiction to allow the designated building inspector, Public Works Director, and/or Administrator access to perform the inspection. The time period for inspection completion shall toll during any days where a warrant is being sought to allow entry, and shall not be held against the owner/landlord for purposes of this subchapter.
(Ord. 02032015-RENT, passed 2-3-2015; Ord. 11012016-BUILDING, passed 11-1-2016)
The Administrator shall have the authority to direct a citation be issued for a violation of the provisions of this subchapter. The Administrator shall also use due diligence in ascertaining the true owner/landowner or responsible party of the rental property subject to prosecution. The Administrator shall use all available public records (CAD, water, voting, and the like) to identify such person(s)/entities. And, in no case shall the Administrator direct a citation be issued to more than one owner for the same occurrence of offense. The Administrator shall instead choose one of the available identified owners, in their discretion, for purposes of issuance of a citation.
(Ord. 02032015-RENT, passed 2-3-2015; Ord. 11012016-BUILDING, passed 11-1-2016)
SUBSTANDARD BUILDINGS
The city hereby adopts Texas Local Government Code Ch. 214 and the following minimum standards for the continued use, and occupancy of all buildings regardless of the date of their construction; the following provisions for giving proper notice to the owner of a building; and the following provisions for a public hearing to determine compliance of real property, buildings, structures, premises and vacant lots. In the event any provision of this subchapter conflicts with said Ch. 214 or in the event that any provision of said Ch. 214 has been omitted from this subchapter, the city shall be entitled to pursue its remedies in conformity with said state law, as hereafter amended.
(Ord. 11012016-BUILDING, passed 11-1-2016)
Any real property, building, structure or any portion thereof, or any premises, including a vacant lot, in or on which there exists a condition not in compliance with this subchapter shall be deemed and is hereby declared to be a public nuisance, a violation of this subchapter and subject to the penalty clauses and remedies available to the city hereunder and under the common law or equity jurisprudence of the state.
(Ord. 11012016-BUILDING, passed 11-1-2016)
Terms, words, phrases and their derivatives used, but not specifically defined in this section, shall have the meanings defined in the Texas Local Government Code Chs. 54 and 214, and the International Building Code and International Property Maintenance Code, as adopted by the city. Words used in the singular include the plural and the plural include the singular. Words used in the masculine gender include the feminine and the feminine the masculine. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ACCESSORY STRUCTURE. A structure which is on the same parcel or property as a principal structure and the use of which is incidental to the use of the principal structure (e.g. a residential structure may have a detached garage or storage shed for garden tools as assessor structures.).
AGRICULTURAL STRUCTURE. Any building or structure which is used solely for farming or ranching uses. The term AGRICULTURAL STRUCTURE includes but is not limited to, barns, wind breaks, grain bins, cisterns or silos. An agricultural structure may exist on property with no other buildings or structures; not an accessory structure.
ATTRACTIVE NUISANCE. A condition, instrumentality or machine on premises, which is dangerous to young children because of their inability to appreciate the peril of the condition, instrumentality or machine and which may reasonably be expected to attract children to the premises.
BUILDING. A structure with walls and a roof, or a structure that was originally constructed with walls and a roof (e.g. a house, factory, but does not include any agricultural structure). Typically includes, but is not limited to residential or commercial structures and includes any accessory structures on the same property. The term BUILDING includes the term STRUCTURE.
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED. The sending of a communication, notice, order or other correspondence utilizing the United States Postal Service mail which is certified and a signature is requested to confirm receipt of the mail.
ENFORCEMENT OFFICER. The city's Code Enforcement Officer, Fire Chief, Building Inspector, City Engineer, City Administrator or their designated representative, charged by the city with any enforcement and administration of this subchapter.
INSPECTION. The examination of a building by the Enforcement Officer or his authorized representative for the purpose of evaluating its condition as provided for in this subchapter.
MAILED. A communication, notice, order or other correspondence sent through the United States Postal Service mail. Mail returned as "refused" or "unclaimed" does not affect the validity of the mailing and the mail is considered, for purposes of this subchapter, as being delivered.
MANIFESTLY UNSAFE. A building that is a public nuisance, as that term is defined in this section, or unsafe for human occupation, whether temporary or permanent or a hazard to the public health, safety and welfare.
OCCUPANT. Any person who occupies a building and who is not the owner.
OWNER. Any person having a legal or equitable interest in a building as shown on the most recent tax roll, or appraisal district data.
PERSON. An individual, corporation, organization, government, business trust, partnership, association or any other legal entity.
PERSONAL SERVICE. The delivery of a document in-person by hand-delivery to the named addressee or their attorney, if represented by counsel. Personal service may be achieved by a commissioned Texas peace officer, city marshal or certified process server through the Texas Judicial Branch Certification Commission.
PUBLIC NUISANCE:
(1) The physical condition or use of any building regarded as a public nuisance at common law or as defined elsewhere in the code;
(2) Any physical condition, use or occupancy of any building or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
(3) Any building or structure that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property;
(4) Any building from which the plumbing, heating and/or facilities required by the code have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective or the required precautions against unauthorized use or entry have not been provided;
(5) Any building or structure that is in a state of dilapidation, deterioration or decay, faulty construction, overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the building;
(6) Any physical condition, use or occupancy of any building or structure or its appurtenances that is dangerous to the physical health or safety of an occupant or other person; or
(7) Because of violations of § 150.34 of this chapter, the state of disrepair is such that it could reasonably cause injury, damage, or harm to a considerable portion of the community in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities living in the community.
(Ord. 11012016-BUILDING, passed 11-1-2016)
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