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HomeMy WebLinkAboutOrdinance No. 527 CITY OF THE COLONY, TEXAS ORDINANCE NO. 527 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS REPEALING ORDINANCE NO. 278 OF THE CITY OF THE COLONY, TEXAS PASSED AND APPROVED MAY 7, 1984 AND ORDINANCE NO. 300 OF THE CITY OF THE COLONY, TEXAS PASSED AND APPROVED OCTOBER 15, 1984; MAKING PROVISIONS REQUIRING A SINGLE- FAMILY RESIDENCE LICENSE; PROVIDING DEFINITIONS; PROVIDING A LICENSE FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas hereinafter referred to as the "City" has a substantial number of resident dwelling units located within property zoned, developed and used as Single-Family residences; and WHEREAS, the City has a concern about the population density within the Single-Family residences; that the Single-Family residences be used solely for Single-Family purposes and a further concern that the units be not only constructed in accordance with all of the applicable City ordinances but that the units be maintained in compliance with ali such applicable ordinances; and WHEREAS, the City believes it is in the best interest of its citizens in the promotion and protection of the health, safety, morals and general welfare of the community that the City establish a licensing procedure applicable to Single-Family residences. NOW, TBEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. TITLE. This Ordinance shall be known as the "Sing/e-Family Residence Licensing Ordinance", hereinafter referred to as the "Ordinance", of the City of The Colony, Texas. SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the following words and phrases have the meanings respectively ascribed to them by this section: A). Single-Family Residence - A Single-Family residence as referred to in this Ordinance shall include: 1) One-Family Dwellin~ (detached) - A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family. 2) One-Family Dwelling (attached) - A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall which is designed for occupancy by one family and is located on a platted, separate lot, delineated by front, side and rear lot lines. 3) Two-Family Dwelling - A single structure designed and constructed with two dwelling units under a single roof for occupancy by two families, one in each unit. 4) Condominium - The separate ownership of single · dwelling units in a multiple unit structure or structures with common elements. B) Owner. A person claiming, or whom is vested, the ownership, dominion or title of real property, including, but not limited to: 1) Holder of fee simple title 2) Holder of life estate 3) Holder of a leasehold estate for an initial term of five years or more 4) The buyer in a contract for deed 5) A mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate or tenancy for an initial term of less than five years. C) Resident Owner. Any person who lives, stays, or dwells ~n a Single-Family residence, which he owns. D) Non-Resident Owner. Any person who does not live, stay or dwell in a Single-Family residence, which he owns. E) Dwelling Unit. A structure, or that part of a structure, which is used as a home, residence, or sleeping place by one or more persons maintaining a common household to the exclusion of all others. F) Property Manager. A person who for compensation has managing control of a Single-Family residence for a non-resident owner. G) Resident Manager. A property manager or agent of a property manager who resides in the Single-Family residence. H) Premises. A lot, plot or parcel of land, including any structure thereon, and furthermore, including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants general]y, and any other area or facility, the use of which is promised to the tenant. I) Landlord. Any owner, resident or non-resident, who leases or rents his Single-Family Residence to another. J) Tenant. Any persons who occupies a dwelling unit for living or dwelling purposes with the landlord's consent. K) Lease or Rent. Any agreement which gives rise to a relationship of landlord and tenant. L) Person. Includes an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest or any other legal or community entity. M) City. The City of The Colony. N) Family. Any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, or adoption. Foster children, for the purpose of this definition, shall be considered as being related to their foster parent or parents. O) Building Inspector. The Chief Building Official on the City or his designated representative. P) Single Location. Property held in common ownership that is compact and contiguous property separated only by public streets. Q) Single-Family Residence License. The license issued by the Building Inspector pursuant to this Ordinance and referred to as the "License" in this Ordinance. SECTION 3. LICENSE REQUIRED A) It shall be unlawful for any non-resident owner to lease or rent a Single-Family residence in the City without a current and valid license having been issued for said Single- Family residence. B) A non-resident owner, or the non-resident owner's authorized agent, of a Single-Family residence shall file with the Building Inspector any and all Trade Names under which he operates with respect to the leasing or renting of each Single- Family residence. SECTION 4. LICENSE APPLICATION, PLACE OF BUSINESS, ISSUANCE, RENEWAL AND EXPIRATION A) An applicant for a license shall file with the Building Inspector, a written application upon a form provided for that purpose which shall be signed by the non-resident owner, or his agent, or the property manager or resident manager, if there be such. Should an applicant own more than one Single-Family residence which he leases or rents, each property shall be listed on the license. The following information shall be required in the application: Name, address, telephone number of non-resident owner, property manager, resident manager, mortgagee (if there is a mortgage against property), trade name of non-resident owner, names and addresses of all registered agents in case the parties above named are corporations, acknowledgment of receipt of coy of Single-Family Residence Licensing Ordinance", and agreement to abide by same as a condition to receiving and maintaining a license. B) Non-resident owners currently leasing or renting a Single-Family residence shall apply for a license within sixty (60) days of the effective date of this Ordinance. C) All licenses shall expire twelve (12) months from the date of issuance of the license. A new license shall be obtained and a license fee remitted. D) The Building Inspector may, at any time, require additional relevant information of the non-resident owner or property manager to clarify items on the application. E) Upon changing ownership of the Single-Family residence, a new license shall be obtained within thirty (30) days of the change and a new annual period shall begin upon the issuance of the license. The non-resident owner shall notify the City within thirty (30) days of the change of ownership, property manager or resident manager. SECTION 5. LICENSE FEES The annual fee for a license including any replacement is: One Rental Property $ 25.00 TWO or More Properties $100.00 Replacement of a lost or mutilated license $ 20.00 SECTION 6. LICENSE REPLACEMENT AND TRANSFERABILITY A) A replacement license may be issued for one lost, destroyed or mutilated upon application on the form provided by the Building Inspector. A replacement license shall have the word "Replacement" stamped across its face and shall bear the same number as the one it replaces. B) A Single-Family residence license is not assignable or transferable. C) The form of the license shall be prepared by the Building Inspector. SECTION 7. LICENSE STANDARDS A) Standards - Continued maintenance and observance of the standards contained in this section are conditions that shall be complied with, in order to retain a license and to obtain any renewal of a license. B) It shall be unlawful for any person to permit or allow more than one (1) family to reside in any Single-Family residence dwelling unit. C) All City building, electrical, plumbing, health, zoning and other applicable ordinances including the Minimum Housing Code shall be complied with at all times. D) Licensee shall keep records that reflect the following information in a current manner: 1) Names of all tenants occupying each unit. 2) head of Household. 3) Degree, if any, of the relation by affinity or consanguinity of tenants in each unit to each other. E) Upon acquiring additional property or properties for the purpose of leasing or renting, the Landlord shall immediately notify the City. Failure to comply with this subsection will constitute an ordinance violation and a penalty charge will be impose for each and every property not reported. Said records shall be available for review by the Chief Building Official of the City, or his designated representative during regular working hours and upon receipt of reasonable notice. SECTION ~ · PENALTY Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed One Thousand Dollars ($1000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION ~ . SEVERABILITY If any section, paragraph, subdivision, clause or phrase of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 10. EFFECTIVE DATE Effective date of this Ordinance shall be thirty (30) days from its passage. With the passage of this Ordinance, Ordinance No. 278, passed and approved May 7, 1984 and Ordinance No. 300, passed and approved October 15, 1984, are hereby repealed in their entirety. Don A~ick, Mayor ATTEST: ~(~i~L~.....~S, City Secretary TO FORM. City Attorney