Loading...
HomeMy WebLinkAboutOrdinance No. 209 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ESTABLISHING MINIMUM STANDARDS FOR ALL BUILDINGS OR PORTIONS THEREOF USED, OR DESIGNED OR INTENDED TO BE USED, FOR HUMAN HABITATION; ESTABLISHING PROCEEDINGS FOR THE ABATEMENT OF SUBSTANDARD BUILDINGS; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.0D) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. 'rrr£E AND SCOPE A. Title. This ordinance shah be known as the "Minimum Housing Code of the City of The Colony," may be cited as such, and will be referred to herein as "this code." A copy of said code shall be maintained at all times in the office of the Building Official of the City of The Colony. B. Application. The provisions of this Code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Buildings in existence and occupied at the effective date of this ordinance may continue to be occupied if such occupancy was legal at the effective date of this ordinance, provided such continued use is not dangerous to life, and except such structures as are found to be substandard as defined in this ordinance. C. Alteration. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned and in accordance with the following: 1. Additions, Alterations, and Re[xmir~-- (More than fifty (50%) percent.) When additions, alterations, or repairs within any twelve (12) month period exceed fifty (50%) percent of the value of an existing building or structure, such building or structure shall be made to conform to the requirements for new buildings or structures. 2. Add~tiom, Alteratiom, and Repairs: (Twenty-five (25%) percent to fifty (50%) pereent.) Additions, alterations, and repairs exceeding twenty-five (25%) percent but not exceeding fifty (50%) percent of the value of an existing building or structure and eomplying with the requirements for new buildings or struetures may be made to such building or structure within any twelve (12) month period without making the entire building or structure eomply. The new construction shall conform to the requirements of the Building Code for a new building of like area, height and occupancy. Such building or structure, ineluding new additions, shall not exceed the areas and heights specified in the Building Code. 3. l~onstruetural /~lterations and Repairs: (Twenty-five (25%) percent or less.) Alterations or repairs, not exeeeding twenty-five (25%) percent of the value of an existing building or structure, which are nonstruetural and do not affeet any member or part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. 4. Exception: The installation or replacement of glass in hazardous locations, as specified in the Building Code shall be as required for new installations. D. Relocation. Existing buildings which are moved or relocated shall be ennsidered as new buildings and shall comply with all the requirements of this Code. SECTION II. ENFORCEMEI~IT A. General. 1. Authority. The Building Official or his authorized representative is hereby authorized and directed to administer and enforce all of the provisions of this Code. 2. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises substandard as defined in this Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided that is, such building or premises be occupied, he shah first present proper eredentiais and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or eontrul of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code. Any person viulating this Subsection shaU be guilty of a misdemeanor. 3. Responsibilities Defined. a. Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his buildin~f, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. b. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he oeeupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two or more dwelling units. e. Every owner shall, where required by this Code, and/or other codes and ordinances, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents, or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. d. Every occupant of a dwening unit, in addition to being responsible for keeping in a clean, sanitary, and safe eondition that part of the dwelling or dwelling unit or premises which he oeeupies and controls, shall dispose of all his rubbish, garbage, and other organic waste in a manner required by the sanitation ordinance. e. Every occupant shall, where required by this Code, and other ordinances of the City, furnish and maintain approved devices, equipment or faeilities neeassary to keep his premises safe and sanitary. B. Substandard Buildings. All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this Code. C. Violations. No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Any person violating the provisions of this section shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such persons shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. SECTION l]I. PF_~RMI'I~I AND INSPECTIONS A. General. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or cause or permit the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official in the manner and according to the applicable conditions prescribed in the Building Code. B. Fee. Whenever a building permit is required, the appropriate fees shall be paid to the Building Offieiai as specified in the Building Code. C. Inspeelion. All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Offidial in accordance with and in the manner provided by this Code and the Building Code~ SECTION IV. DRI?INITIONS A. Nuisauce. The following shall be defined as nuisances: 1. Any publie nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove dangerous whether in a building, on the premises of a building, or upon an unoeeupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove hazardous. B. Occupied Space. The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane excluding permitted projections as allowed by this Code. C. Building Code. Shall mean the Building Code, adopted by the City Council of the City of The Colony. SECTION V. SPACE AND OCCUPANCY STANDARDS A. Room Dimensions. 1. Ceiling Heights. Habitable rooms, storage rooms and laundry rooms shall have a ceiling height of not less than seven feet six inches (7'6"). Hallways, corridors, bathrooms and toilet rooms shall have a ceiling height of not less than seven (7') feet measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than seven (7') feet from the finished floor to the finished ceiling shall be included in any eemputation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no ease shall the height of the furred ceiling be less than seven (7') feet. ~. Floor Area. Every dwelling unit shall have at least one room which shah have not less than 150 square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than 70 square feet. 3. Width. No habitable room shah be less than seven (7') feet in any dimension and no water elnset space less than thirty (30") inches in width and shah provide a clear space in front of the toilet stool not less than twenty-four (24") inches. Light alld V~t~iAtJ. oi'K l. Natural Light and Ventilation. AH habitable rooms within a dwelling unit shah be provided with natural light by means of windows or skylights with an area of not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet. Ali bathrooms, water clnset compartments, laundry rooms, and similar rooms shall be provided with ventilation by means of windows or exhaust fans. Not less than one-half of the required window area shah be openable to provide natural ventilation. 2. Mechanical VeatilaUon. In bathrooms, water closet compartments, laundry rooms, and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five air changes per hour, shall be provided. C. Sanitation. 1. Dwelli~ Units. Every dwelling unit shall be provided with an operating water closet, a lavatory, and a bathtub or shower. 2. Kite. hen. £anh dwelling unit shah be provided with a kitchen. Every kitchen shall be provided with a kitchen sink with hot water available. No wooden sink or sink of similarly absorbent material shah be permitted. 3. Fixtures. AH plumbing fixtures shall be connected to a sanitary sewer. All plumMng fixtures shall be eormected to an approved system of water supply and provided with hot and cold running water, except water closets shali be provided with cold water only. All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. 4. Water Closet Compm-tments. Wails and floors of water closet compartments except in dwellings shall be finished in accordance with the requirements of the Building Code. Water closet compartments in dwellings shall be finished with approved nonabsorbent materials. 5. Room Separations. Every water closet, bathtub, or shower required by this Code shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparations or storage rooms by a tight-fitting door. 6. Installation and Maintenanen. All sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with ~ applicable laws. SECTION VI. STRUCTURAL REQUIREMF_J/TS A. G~meral. Buildings or structures may be of any type of construction permitted by the Building Code. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code. B. Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. SECTION VII. MI/CHANICAL REQUIRI~MENT~ He~fin~ and Ventilation. A. Heating. Mechanical equipment in every dwelling unit shall be installed and maintained in a safe condition and in accordance with the mechanical code and other ordinances. B. ]/leetrieal l/quipment. All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with the electrical code and other applicable ordinances. All electrical equipment shall be of an approved type. Where there is electrical power available within 300 feet of the premises of any building, such building shall be eonneeted to such elentrieal power. Every water closet compartment, bathroom, laundry room, and furnace room, shall contain at least one supplied electric light fixture. C. Ventilation. Ventilation for rooms and areas and for fuel burning applianees shall be provided as required in the Mechanical Code and in this Code and other codes and ordinances of the City. Where menhanieal ventilation is provided in lieu of the natural ventilation required by this Code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof. SECTION VIII. FIRE PROTgCTION All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Building Code, for the appropriate occupancy, type of ennstruetion, and location on property or in fire zone. SECTION IX. SUBSTANDARD BUILDI~OS A. Definitions. 1. liubstandard Building:. Any building or portion thereof, or the premises on which the same is located, in which there exists any of the following listed eonditioas to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. 2. Inadequate Sanitation: Inadequate sanitation shall include but not be limited to the following: a. Lack of, or improper water eloset, lavatory, bathtub or shower in a dwelling unit. b. Lack of, or improper kitchen sink. c. Lack of hot and cold running water to plumbing fixtures in a dwelling unit. d. Lack of adequate heating facilities. e. Lack of, or improper operation of required ventilating equipment. f. Lack of minimum amounts of natural light and ventilation required by this Code. g. Room and space dimensions less than required by this Code. h. Lack of required electrical lighting. i. Dampness of habitable rooms. j. Infestation of insects, vermin or rodents. k. General dilapidation or improper maintenance. 1. Lack of connection to required sewage disposal system. m. Aceumuiation of garbage and rubbish sufficient to pose a health hazard. 3. Structural HR=~_rds: Slructural hazards shall include but not be limited to the following: a. Deteriorated or inadequate foundations. b. Defective or deteriorated flooring or floor supports. c. Flooring or floor supports of insufficient size to carry imposed loads with safety. d. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. e. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. f. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration. g. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. h. Fireplaces or chimneys which list, bulge, settle, or crack due to defective material or deterioration. 4. Nuisance: Any nuisance as defined in this Code. 5. IiA=~,~Ious Wiring: All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good oondition and is being used in a safe manner. 6. Hazardous Plumbing: All plumbing except that which conformed with ail applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between flxtur ~s. 7. Hazardous Mechanical Equipment: All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and whieh has been maintained in good and safe condition. 8. Faulty Weather Protection: Shall include but not be limited to the following: a. Deteriorated, crumbling, or loose plaster or sheetrock. b. Deteriorated or ineffective waterproofing or exterior walls, roof, foundations, or floors, including broken windows or doors. c. Defective or lack of weather protection for exterior wall coverage coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. d. Broken, rotted, split, or buckled exterior wall coverings or roof coverings. 9. Fire Hazard: Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or his authorized representative, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. 10. Faulty Materials of Construct/on: All materials of construetion except those which are specifically allowed or approved by this Code and the Building Code, and which have been adequately maintained in good and safe condition. 11. HR=~dons or Unsanitary Premises: Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materiEs, and similar materials or conditions constitute fire, health, or safety hazards. 12. Inadequate Maintenance: Any building or portion thereof which is determined to be an unsafe building in accordance with the Building Code. 13. Improper Occupancy: All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. SECTION X. NOTICES AND ORDERS OF THE BUILDING OFFICIAL A. General. 1. Commeflceme~lt of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that sueh building is a substandard building, he shall commence proceedings to cause the repair, reb~abilitation, vacation, or demolition of the building. 2. l~otiee and Order. The Building Official shall issue a notice and order directed to the record owner, his agent or the occupant of the building. The notice and order shall contain: a. The street address and a legal description sufficient for identification of the premises upon which the building is located. b. A statement that the Building Official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section II, paragraph 2 of this Code. e. A statement of the action required to be taken as determined by the Building Official. d. Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, his agent or the ocoupant. e. Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the City or ns known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Seciion. Service by certified mail in the manner herein provided shall be effcetive on the date of mailing. f. Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, deelaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. B. Repair and Vacation. 1. Standards to be Followed. The following standards shall be followed by the Building Official in ordering the repair, or the vacating of any substandard building or structure: a. If any building is declared a substandard building under the ordinance, it shall be repaired in accordance with the current Building Code before a certificate of occupancy is issued. b. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, or prior to the issuance of a certificate of oecupancy, it shall be ordered to be vacated. C. Notice to Vaente. 1. Posting. Every notice to vacate shall, in addition to being served as provided in Section X. 2. d., be posted at or upon each exit of the building, and shall be in substantially the following form: "DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of The Colony" 2. Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Subsection A. 2. of Section X, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demoilsh or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person violating this Subsection shall be guilty of a misdemeanor. SECTION XI ENPORCI~IENT O1~ THE ORD]LH O1~ THE BUILDING OFFICIAL A. Compliance. 1. General. After any order of the Building Official made pursuant to this Code sba]/ have beeome final, no person to whom any sueh order is direeted shall fafl~ neglect, or refuse to obey any sueh order. Any such person who fails to eomply with any such order is guilty of a misdemeanor. 2. Failm-e to Obey Order. If, after any order of the Building Official made pursuant to this Code has beeome final, the person to whom such order is directed shaU fail, neglect or refuse to obey sueh order, the Building Official may (a) cause such person to be prosecuted under subsection I of this Section or (b) institute any appropriate aetion to abate such building as a public nuisance. B. Extension of Time to Perform Work. Upon reeeipt of an application from the person required to conform to the order and an agreemeflt by sueh person that he wiU eomply with the order if allowed additional time~ the Building Offieial may, in his diseretion, grant an extension of time, within whieh to complete said repair, or rehabilitation, if the Building Offieial determines that sueh an extension of time will not el'eate or perpetuate a situation imminently dangerous to life or Dvoperty. SECTION XH. SEVEHABILITY CLAUSE Should any seetion~ subsection, paragraph, sentenee, clause, phrase or word of this ordinance be found or held to be invalid for any reason, sueh finding or holding shall not affect the remaining portions of this ordinanee~ which are declared to be severabl~ SECTION XHI. EFFECTIVE DAT]~ This ordinanee shall beeome effective from and after its passage and the publication of the caption as the law and charter in such eases provide. /DULY PA~//~by the City Council of the City of The Colony, Texas, on the day of~, 1982. APPROVED/ ~ ATTEST: / APPROVED AS TO FORM: CITY ATTORNEY /~.//~