(A) The Regulatory Compliance Department may conduct:
(1) Inspections to verify a valid certificate of occupancy;
(2) Inspections based on indications of code violations, including complaints filed with the Regulatory Compliance Department except where stated otherwise, that may result in:
(a) Periodic inspections; and
(b) Follow-up inspections.
(3) Inspections of the following areas of a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment:
(a) All building exteriors, including landscaping and screening features pursuant to Ch. 155, Zoning;
(b) All public areas within a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment;
(c) Unoccupied dwelling units; and
(d) Occupied dwelling units upon the consent of the tenant or the landlord when subject to a warrant issued by a court of competent jurisdiction.
(4) The Regulatory Compliance Department may inspect portions of a multifamily dwelling complex, nursing facility, assisted living facility, or lodging establishment as frequently as the Regulatory Compliance Department deems necessary to ensure compliance with this chapter. However, the Regulatory Compliance Department shall schedule periodic inspections of multi-family dwelling complexes, nursing or assisted living facilities, or lodging establishments not less than once per calendar year.
(5) The landlord of a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment shall make all exterior areas, interior public areas, and all vacant dwelling units of the complex available to the Regulatory Compliance Department for inspections at all reasonable times.
(6) The Regulatory Compliance Department is authorized to make follow-up inspections of a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment to inspect all areas included in the periodic inspection, as well as occupied dwelling units, in such frequency and scope as the Regulatory Compliance Department deems necessary to determine compliance with this chapter, and with the minimum building standards, and all other applicable codes.
(a) The landlord of a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment shall make available upon request documentation of the number and type of security systems and fire alarm systems maintained on the premises and the names and telephone numbers of the alarm companies servicing said systems that respond to alarms or relay alarms to emergency services.
(7) The landlord of a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment shall timely correct all violations identified in a notice of violation. The landlord must take steps to mitigate safety threats arising from the violations immediately and must make repairs within a reasonable period of time. Life safety violations must remain secured from occupants until all repairs are completed.
(8) Whenever a periodic inspection is made for an alleged violation at a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment, and a violation is found to exist, a notice of violation will be prepared by the city. The landlord, owner, or property manager of the property shall be provided a copy of the notice of violation, either in person or by mail. Notice of the alleged violation(s) shall be deemed given to an owner when a copy of the notice of violation (“notice”):
(a) Is delivered in person to the landlord, owner, or property manager; or
(b) Two days after the copy of the notice of violation is deposited with the U.S. Postal Service and addressed to the landlord, owner, or property manager, with proper postage affixed. The notice of violation may establish violation categories, which shall be corrected within a time specified in this section. The completed notice of violation is a public document that shall be made available for public disclosure to any person who requests it according to law.
(B) A violation listed in a notice of violation issued under this section shall be corrected in accordance with the time specified in the notice of violation, subject to the following:
(1) A life safety violation shall be corrected within 24 hours of the issuance of the notice of violation;
(2) A critical violation shall be corrected within 72 hours of the issuance of the notice of violation; and
(3) A maximum of 30 days shall be allowed for the correction of a non-critical violation; and
(4) Deadlines to repair may be extended at the discretion of the Regulatory Compliance Department. The Regulatory Compliance Department or their designated inspector may approve a corrective action plan with benchmark compliance dates to be achieved by the landlord to demonstrate satisfactory progression toward compliance with the provisions of this chapter.
(C) In addition to other authority granted by this section, the Regulatory Compliance Department has all rights and authority granted by Tex. Code of Criminal Procedure Art. 18.05. Inspections shall comply with all federal, state, and local laws, regulations and ordinances.
(D) When considering a violation created by a tenant, the Regulatory Compliance Department may consider the timeliness of the landlord’s response to the violation, actions taken by the landlord to address a tenant’s activities that may have caused the condition that was a violation, and actions taken by the landlord, owner, or property manager to prevent or reduce similar violations in the future.
(E) The Regulatory Compliance Department is authorized to publish the results of inspections.
(F) A landlord commits an offense if a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment under this chapter has one or more, in any combination, of the following conditions exists on the premises:
(1) Inadequate sanitation;
(2) Lack of a bathroom or the existence of an improper bathroom;
(3) Lack of or an improper kitchen;
(4) Lack of hot and cold running water to plumbing fixtures, including a failure to install water heating facilities that are properly installed, maintained, and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110° Fahrenheit;
(5) Lack of properly installed or maintained plumbing fixtures that are free from obstruction, leaks and defects; are installed in a safe, sanitary and functional manner; or are capable of performing the function for which such plumbing fixtures are designed;
(6) Lack of or improper required heating, cooling, mechanical ventilation or electric facilities;
(7) Lack of required amounts of natural light and ventilation;
(8) Lack of or improper space or floor area;
(9) Lack of required electrical lighting;
(10) Dampness of habitable space;
(11) Infestation of insects, vermin, or rodents;
(12) The presence of deteriorating or unsightly landscaping or screening features and the existence of dead trees, tree limbs, holes, excavations, or other conditions reasonably capable of causing injury to a person or otherwise in violation of applicable provisions found in Chapter 99, Natural Resources Management, and Chapter 155, Zoning; including lack of appropriate mulch or other landscaping material approved for the preservation of existing landscaping, conservation of water, and reduction of nuisance weeds and pests. This shall include lack of ground cover or the presence of bare soil. Plant material shall be removed from expansion joints and any other cracks in curbs, sidewalks, driveways, and any other concrete or brick paver surface within the complex. Covers shall be provided to secure in-ground meter or valve access points. Landscape or decorative features shall not be installed or maintained in a manner which produces a public nuisance.
(13) Lack of or improper connection to required sewage disposal;
(14) Lack of or improper garbage and rubbish storage and removal facilities, including using garbage and rubbish storage and removal facilities for any purpose other than the sanitary storage of garbage and rubbish completely contained in waste containers designed for such use; using enclosures or other structures designed for the screening of such waste containers to store any items that do not fit within the approved container; or failing to keep enclosures clean and free of all debris or other rubbish;
(15) Lack of or improper grading or drainage to prevent the erosion of soil or to prevent standing or stagnant water on the premises or within any structure located thereon;
(16) Structural hazards;
(17) Improper foundations;
(18) Improper flooring or floor supports of insufficient size to carry imposed loads safely or not maintained in sound condition and good repair, where flooring includes interior walking surface coverings such as tile, linoleum, carpet, or other coverings approved for interior use;
(19) Interior surfaces.
(a) Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, broken tile, ripped or damaged linoleum, including countertops and cabinets, decayed wood and other defective, dilapidated, or deteriorated surface conditions shall be corrected.
(b) Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Doors shall be maintained with no holes, broken coverings, or inoperable hardware, and must be installed and secured in door jambs designed for a door, unless the absence of a door has been consented to by the tenant of the unit.
(20) Members of walls, partitions or other vertical supports that split, lean, list, or buckle due to defective material, deterioration, improper construction, or insufficient size to carry imposed loads safely;
(21) Members of ceilings, roofs, ceiling, and roof supports or other horizontal members which sag, split or buckle due to defective material, deterioration, improper construction, or insufficient size to carry imposed loads with safety;
(22) Fireplaces or chimneys which list, bulge or settle due to defective material, deterioration, improper construction, or insufficient size or strength to carry imposed loads safely;
(23) Lack of or improper required interior or exterior railings, stairs, steps, landings, porches, decks, and balconies maintained in structurally sound condition, in good repair, and with proper anchorage, that are capable of supporting imposed loads and, in the case of interior or exterior railings, are firmly fastened;
(24) Faulty or insufficient smoke detectors and/or carbon monoxide detectors;
(25) Hazardous wiring. Any wiring except that which conformed to all applicable laws in effect at the time of installation and which has been maintained in operating condition;
(26) Failure of mechanical equipment.
(a) Mechanical equipment; appliances; heating, ventilation, and air conditioning (HVAC) appliances; fireplaces; solid fuel-burning appliances; cooking appliances; and water heating appliances shall be properly installed and maintained in a safe working conditions and shall be capable of performing the intended function.
(b) Inspection results or equipment specifications may be required to verify proper operations.
(c) Every landlord of a multi-family dwelling complex shall provide heating facilities capable of maintaining a room temperature of 68° Fahrenheit (20° Celsius) in all habitable rooms.
(27) Faulty weather protection.
(a) Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition;
(b) Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment;
(c) Peeling, flaking and chipped paint shall be eliminated and surfaces repainted;
(d) Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and watertight;
(e) Metal surfaces subject to rust and corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion;
(f) Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement;
(g) Roofs and flashing shall be sound, tight, and free from defects that admit rain;
(h) Roof drainage shall be adequate to prevent dampness or deterioration in the walls or any interior portion of the structure;
(i) Roof drains, gutters, and downspouts shall be maintained in good repair, be free from obstructions, and have necessary splash boxes or other erosion control measures; and
(j) Roof water shall not be discharged in a manner that creates a public nuisance.
(28) Inadequate exits. Exit facilities of buildings or portions thereof shall conform with all applicable codes, ordinances, and laws at the time of construction. When an unsafe condition exists due to improper location of exits, additional exits may be required to be installed;
(29) Improper occupancy. Any building, or portion thereof, occupied for living, sleeping, cooking or dining purposes which was not designed or intended to be used for such occupancies;
(30) Unsecured buildings. Any building that is vacant and open. A building is open if any door, window or other opening is not securely closed to prevent unauthorized entry; and
(31) Stairway identification signs. Any buildings or premises which does not meet the following standards:
(a) Stairway identification signs shall be provided at each floor landing in an interior exit stairway and ramp connecting more than three stories designating the floor level, the terminus of the top and bottom of the interior exit stairway and ramp and the identification of the stairway or ramp. The signage shall also state the story of, and the direction to, the exit discharge and the availability of roof access from the interior exit stairway and ramp for the fire department. The sign shall be located five feet (1,524 mm) above the floor landing in a position that is readily visible when the doors are in the open and closed positions. In addition to the stairway identification sign, a floor-level sign in visual characters, raised characters and braille complying with ICC Al17.1 shall be located at each floor-level landing adjacent to the door leading from the interior exit stairway and ramp into the corridor to identify the floor level.
(b) All stairway identification signage requirements shall be in compliance with the International Fire Code § 1023.9.1, as amended.
(c) Where there is a conflict between the requirement of this section, another code or referenced standard, the most restrictive shall govern.
(d) Every building at a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment shall have the premises identification properly installed and maintained. Each building will position the numbers or addresses to be plainly readable from the public or private roadway fronting such building. Immediately below each building address or number the letters or numbers indicating the range of dwelling units within such building. Such numbers or letters shall be of a color that contrasts with their background and shall be a minimum of four inches in height.
(e) Each dwelling unit upon or near the exterior front door shall have the dwelling unit number posted in a color that contrasts with the background.
(32) Screening devices and fences. All screening devices and fences shall be maintained in good condition. If the multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment fails to maintain screening devices or fences, the city shall have the right to levy an assessment for the expense of the needed repairs. The assessment shall constitute a lien placed upon the property against which the assessment is made. The Director of Regulatory Compliance or their designee shall be the sole judge of whether repairs are needed.
(33) Insufficient workmanship. Repairs, maintenance work, alterations, or installations that are caused directly or indirectly by the enforcement of this code and that are not executed and installed in a workmanlike manner or installed in accordance with the manufacturer’s instructions shall constitute insufficient workmanship. Workmanlike repairs, work, alterations, or installations shall meet industry standards and be true to the original scope and design. A verified inspection report or seal of approval may be required by the Regulatory Compliance Department to validate that repairs, work, alterations, or installations have been completed in accordance with industry standards and best practices to remedy an identified violation.
(34) Insufficient maintenance.
(a) Every landlord of a multi-family dwelling complex shall maintain all equipment, systems, devices and safeguards in good working order.
(b) An owner, landlord, owner’s authorized agent, landlord’s authorized agent, property manager, or occupant shall not cause any service, facility, equipment or utility that is required by this chapter to be removed from, shut off from, or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress.
(c) The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
(d) Inspection results or equipment specifications may be required to verify proper operating.
(35) Accessory structures.
(a) Accessory structures, including detached garages, retaining walls, mailboxes, pergolas or gazebos, fences, walls, and monument or other property signs shall be maintained structurally sound and in good repair.
(b) Metal posts and fixtures, including HVAC condenser pads, that are exposed to exterior weather conditions shall be protected from corrosion, free of rust and chipped or peeling paint, maintained in good repair, and structurally sound and reasonably level.
(36) Motor vehicles.
(a) Except as provided for in other regulations, inoperative or unlicensed motor vehicles shall not be parked, kept, or stored on any premises, and no inoperative or unlicensed motor vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
(b) Division (A)(36)(a) above shall not apply to motor vehicles undergoing major overhaul, including body work or work requiring a state of major disassembly, disrepair, or the process of being stripped or dismantled, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(37) Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces, tire stops, and similar devices or areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Tire stops and similar devices shall be maintained with proper placement and shall not be unaligned or located outside of the parking surface.
(Ord. OR-2225-21, passed 10-11-21; Am. Ord. OR-2232-21, passed 12-13-21; Am. Ord. OR-2251-22, passed 5-9-22; Am. Ord. OR-2267-22, passed 7-25-22; Am. Ord. OR-2353-24, passed 3-25-24)