(A) Probationary status.
(1) In addition to any other authority granted by this section or any other provision of the Code of Mansfield, Texas, the Regulatory Compliance Department may place the registration of a multi-family dwelling complex or lodging establishment on probationary status if:
(a) A landlord fails to correct a violation of the Code of Mansfield, Texas or other applicable state statute within the time specified in a notice of violation; or
(b) Any inspection reveals a repeat violation of the same provision of the Code of Mansfield, Texas or other applicable state statute which had been identified within the preceding 12-month period.
(2) The duration of the probationary status shall begin upon the mailing of a notice by the Regulatory Compliance Department of the initiation of the probationary status and shall continue until both of the following conditions have been met:
(a) All previously identified code violations at the multi-family dwelling complex or lodging establishment have been corrected by the landlord and noted and approved by the Regulatory Compliance Department;
(b) No additional code or statutory violations are identified at the multi-family residential complex or lodging establishment for 90 days after correction of the last violations as approved by the Regulatory Compliance Department.
(3) The Regulatory Compliance Department shall impose a $200 reinspection fee on the landlord for each dwelling unit or guest room as long as the multi-family dwelling complex or lodging establishment remains on probationary status.
(4) The city shall report to the Texas Department of Aging and Disability Services or other applicable department any nursing or assisted living facility that Regulatory Compliance Department finds:
(a) Is established or operating in the city without a license;
(b) Poses an immediate threat to the health and safety of a resident of the nursing or assisted living facility; or
(c) Is otherwise violating a provision of Tex. Health and Safety Code Chapter 247, as amended, or any rule, regulation, or standard governing assisted living facilities promulgated by the Texas Department of Aging and Disability Services under Tex. Health and Safety Code Chapter 247, as amended.
(B) Suspension of registration.
(1) In addition to other authority granted by this section or any other provision of the Code of Mansfield, Texas, if a multi-family dwelling complex or lodging establishment remains on probationary status and fails to complete the requirements for removal from probationary status in division (A)(2) above within 180 days, the Regulatory Compliance Department may place the registration of such complex or lodging establishment on suspended status. While on suspended status, no unoccupied unit in the complex may be occupied and no occupied unit shall be occupied by new tenants until the complex has been in full compliance with the Code of Mansfield, Texas and all applicable laws for a minimum of 30 days. The registration shall remain suspended until the complex or establishment has been in full compliance with the Code of Mansfield, Texas and all applicable laws for a minimum of 180 days.
(2) If a multi-family dwelling complex or lodging establishment had a suspended status at a previous time within the previous 36 months, no dwelling unit in the complex or lodging establishment may be occupied by new tenants until it has been in full compliance for 90 days. The multi-family dwelling complex or lodging establishment shall remain on suspended status until it has been in full compliance with the city code and all applicable laws for 180 consecutive days.
(3) The Regulatory Compliance Department shall impose a $200 monthly administrative fee on the landlord for as long as the complex or lodging establishment remains on suspended status. In addition, a $200 reinspection fee will be assessed to the landlord for each dwelling unit as long as the multi-family rental registration status remains suspended.
(C) Revocation of registration.
(1) In addition to other authority granted by this section or any other provision of the Code of Mansfield, Texas, the Regulatory Compliance Department may revoke the registration of a multi-family dwelling complex or lodging establishment if:
(a) The multi-family dwelling complex or lodging establishment is found to have one or more violations that constitute a danger to the health or safety of its tenants or the public at large and the landlord fails to correct such violation(s) within the time specified in a notice of violation; or
(b) The multi-family dwelling complex or lodging establishment has more than one fire, life safety violation during any a 12-month period.
(2) A multi-family dwelling complex or lodging establishment whose registration has been revoked may not do business until such registration has been reinstated. A multi-family dwelling complex or lodging establishment whose registration has been revoked must be vacated within 60 days of such revocation. A landlord commits an offense each day or portion of a day the complex continues to offer a dwelling unit or guest room for a fee while its registration is revoked and each day any unit remains occupied after the expiration of 30 days from the date of revocation. If the city takes any enforcement action that mandates the involuntary relocation of tenants prior to the end of their contractual rental term, the city shall provide reasonable relocation expenses to eligible tenants. The cost of such relocation expenses shall be borne by the landlord. The failure to pay such expenses within 30 days from notice of same shall result in the city placing a lien on the property to secure such repayment.
(3) If the Regulatory Compliance Department denies or revokes a rental registration license there shall be notification to the owner in writing by mailing the denial or revocation notice by certified mail to all owner and agent addresses identified in the registration application. The owner may appeal the decision to the City Manager by filing a written request for appeal no later than 5:00 p.m. on the tenth day following the date of notice. If a rental registration license was denied or revoked, the registration or renewal shall not be considered by the Regulatory Compliance Department until all application or inspection deficiencies that were the basis for the denial or revocation are corrected. The appeal hearing shall be held within ten calendar days after the date of filing the appeal and the action of the City Manager after hearing all the evidence and facts shall be final and conclusive as to all parties.
(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)