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HomeMy WebLinkAboutOrdinance No. 05-1594 CITY OF THE COLONY, TEXAS ORDINANCE NO. d s-: 1S9l/ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6 TO ADD ARTICLE V PROVIDING FOR THE REGISTRATION OF RESIDENTIAL RENTAL PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, finds that it is in the best interest of it's citizens to establish a rental registration program for all residential rental units within the City for the purpose establishing a database of owners of rental property to be used by City officials for the purpose of contacting property owners in the event substandard issues arise with their property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE CLONY, TEXAS: SECTION 1. That Chapter 6 of the Code of Ordinances, is hereby amended in part to add Article V "Rental Registration" to read as follows: "ARTICLE IV. RENTAL REGISTRATION Sec. 6-111. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Building official means the chief building official for the City of The Colony, Texas, or designee. Owner means the person claiming, or in whom is invested, the ownership, dominion, or title of real property including but not limited to: holder of fee-simple title, holder of life-estate, holder of leasehold estate for an initial term of five (5) years or more; a buyer under contract for deed; a mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate or a tenancy for initial term ofless than five (5) years. Page 1 67186 Person means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or community entity. Property manager means a person whom for compensation has managing control of a rental unit. Rent means the offering, holding out or actual leasing of a rental unit to an occupant other than the owner and generally involves the payment of a rental amount although other forms of consideration may be involved or no consideration at all may be involved. Rental unit means a single family dwelling unit, duplex dwelling unit, and a town home dwelling unit, or portion thereof that is rented or offered for rent as a residence. Tenant means any person who rents or leases a rental unit for living or dwelling purposes with the consent of the landlord. Sec. 6-112. Rental Registration. (a) Each owner of a rental unit within the city shall register each such rental unit with the building official before October 1, 2005; and shall renew such registration annually on the date prescribed by the building official pursuant to Section 6-112(a). Separate registration shall be required for each rental unit. (b) Each new owner of a rental unit within the City shall make application for registration with the building official within thirty (30) days after the date of acquiring ownership of a rental unit. (c) Application for rental registration shall be made upon a form provided by the City for such purpose, and shall include at least the following information: (1) Owners name, address, and work and home telephone number, drivers license number, or identification card number and state of issuance of the owner; (2) If owner is a partnership, the name of all partners, the principal business address, and telephone number of each partner. (3) If owner is a corporation, the person registering must state whether it is organized under the laws of this state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the main individual in charge of the local office of such corporation, if any, and the names of all officers and directors or Page 2 67186 trustees of such corporation, and, if a foreign corporation, the place of incorporation; (4) Name, address, and telephone number of the property manager; (5) Street address of the rental unit; (6) Name, drivers license number or identification number and state of issuance for each primary or principal tenant; (7) Number of persons occupying the rental unit; (8) Whether there has been a change of occupancy or an additional tenant of the rental unit since the date of last registration; and (9) Signed by the owner or owner's agent. (d) No fee shall be charged for the registration of a rental unit. (e) The building official shall within thirty (30) days after receipt of the registration application, either issue a certificate of registration or notify the owner that the application does not comply with the requirements of this article. (f) A certificate of registration shall be valid for a period of twelve (12) calendar months following issuance thereof provided however the initial certificate of registration for a rental unit shall not expire until the date of renewal of registration established by the building official pursuant to Section 6-112(a). (g) It is an offense for an owner to fail to register and/or to renew the registration for the owner's rental units within the City, and each and every day that the owner continues to fail to register and/or renew the registration of the owner's rental units within the city shall constitute a separate offense. (h) It shall be unlawful for any person to file a false registration application with the building official. Sec. 6-113. Renewal of Registration. (a) A registered owner of a rental unit within the City, or the owner's agent shall renew the registration for each rental unit on or before the date prescribed by Section 6-112(a). (b) The building official shall send each registered owner of a rental unit within the City a renewal notice for registration accompanied by a registration application to be completed and returned by the owner. Page 3 67186 (c) A registered owner of a rental property, or the owner's agent shall, upon receipt of the renewal notice, complete and return a completed registration application for each rental unit within thirty (30) days after receipt of the renewal notice. If an owner does not receive a renewal notice, it is the owner's responsibility to nonetheless renew the registration for each rental unit within the City. It is an offense for an owner to fail to file a completed annual registration application for each rental unit on or before the dates specified in the renewal notice. Sec. 6-114 -6-130. Reserved." SECTION 2. That all provisions of the ordinances of the City of The Colony in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That an offense committed before the effective date of this ordinance is governed by the prior law and provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of The Colony, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; Page 4 67186 and each and every day such violation shall continue shall be deemed to constitute a separate offense SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and Charter in such case provide. DULY PASSED by the city council of the City of The Colony, Texas, on the . }b ~ - day of ',2005. APPROVED: W~ Page 5 67186