(A) Probationary status.
(1) In addition to any other authority granted by this section or any other provision of the code of ordinances, 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 ordinances or other applicable local, state, or federal 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 ordinances or other applicable local, state, or federal 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 inspected 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 facility 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 facility or assisted living facility; or
(c) Is otherwise violating a provision of Tex. Health& Safety Code Chs. 242 or 247, as amended, or any rule, regulation, or standard governing nursing facilities or assisted living facilities promulgated by the Texas Department of Aging and Disability Services under Tex. Health& Safety Code Chs. 242 or 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 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 inspected 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 60 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 Construction Code Board of Adjustments and Appeals (the “Board”) by filing a written request for appeal with the Director of Regulatory Compliance no later than 5:00 p.m. on the tenth day following the date of notice, as outlined in division (C)(4) below. 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.
(4) The multi-family dwelling complex or lodging establishment owner shall file a notice of appeal with the Director of Regulatory Compliance that alleges error in an order, requirement, decision, or determination made by the Regulatory Compliance Department in the enforcement of this chapter. An appeal must be made in writing and filed with the Director of Regulatory Compliance no later than 5:00 p.m. on the tenth day following the date of notice from the department of such order, requirement, decision, or determination. The director shall forward the notice of appeal to the Construction Board of Adjustments and Appeals within three business days of receipt of the notice of appeal.
(a) Service of the order is effective upon the date:
1. The notice is delivered in person to the landlord, owner, or property manager; or
2. Two days after the copy of the inspection notice is deposited with the U.S. Postal Service and addressed to the landlord, owner, or property manager, with proper postage affixed. The inspection notice may establish violation categories, which shall be corrected within a time specified in this section. The completed inspection report notice is a public document that shall be made available for public disclosure to any person who requests it according to law.
(b) The Board shall schedule a hearing as soon as practicable upon the timely filing of an appeal. The owner, property manager, or landlord may attend and present evidence at the hearing. The Board shall promptly render a decision based on the evidence presented at the hearing.
(c) The Board’s decision shall be final and binding. No appeal may be taken from the decision of the Board.
(d) An appellant seeking judicial review of the Board’s decision on appeal must file a petition with a court of competent jurisdiction located in Tarrant County, Texas. Such judicial review shall be governed by the procedural rules contained in Tex. Local Gov’t Code § 211.011 as if the city’s Board of Adjustment had conducted the review on appeal.
(D) Reinstatement of suspended or revoked registration.
(1) A multi-family dwelling complex or lodging establishment whose registration has been suspended or revoked may, at any time, make written application for a reinstatement inspection and pay the inspection fee for the purpose of reinstating the permit. Within ten days following receipt of a written request, which shall include a statement signed by the applicant that in the applicant’s opinion all of the violations that caused the suspension or revocation of the permit have been corrected, and the applicable fee, the Regulatory Compliance Department shall perform a reinstatement inspection. If all of the violations that caused the suspension or revocation of the permit have been corrected, the permit shall be reinstated. If all of the violations that caused the suspension or revocation of the permit have not been corrected, the permit will continue in its suspended or revoked status, and the Department of Regulatory Compliance may, as deemed necessary or appropriate, proceed with additional enforcement action.
(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-2353-24, passed 3-25-24)