HomeMy WebLinkAboutOrdinance No. 06-1651
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06- I c.. S" I
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES BY AMENDING
CHAPTER 6 BY REPEALING ARTICLE V. RENTAL REGISTRATION,
IN ITS ENTIRETY, AND REPLACING WITH A NEW ARTICLE V.
RENTAL PROPERTY REGISTRATION AND INSPECTION, SECTION
6.111 THROUGH SECTION 6.127; PROVIDING FOR DEFINITIONS;
PROVIDING FOR REGISTRATION REQUIREMENTS, MANNER OF
REGISTERING, AND TRANSFER OF PROPERTY; PROVIDING FOR
AN INSPECTION REQUIREMENT; PROVIDING FOR FREQUENCY OF
INSPECTIONS; PROVIDING A REQUIREMENT FOR A CERTIFICATE
OF OCCUPANCY; PROVIDING FOR INSPECTION PROCEDURES;
PROVIDING FOR INSPECTION REQUESTS; PROVIDING A
CERTIFICATE EXPIRATION DATE; PROVIDING FOR CERTIFICATE
TRANSFERABILITY; PROVIDING FOR CERTIFICATE
AVAILABILITY; PROVIDING FOR SUSPENSION OR REVOCATION
OF CERTIFICATE; PROVIDING FOR THE MAINTENANCE OF
RECORDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR FEES;
PROVIDING FOR OTHER ACTIONS, PROSECUTION, COURT CASES;
PROVIDING FOR NUISANCE AND INJUNCTIONS; AND RESERVING
SECTIONS 6-128-6.130; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 6 by repealing Article V. Rental Registration, in
its entirety, and replacing with a new Article V. Rental Property Registration and Inspection,
which shall read as follows:
"ARTICLE V. RENTAL PROPERTY REGISTRATION AND INSPECTION
Sec. 6-111. Purpose.
The City of The Colony recognizes a need for an organized inspection program of residential
rental units within the City in order to upgrade rental units to meet city and state life safety,
health, fire and zoning codes within the City and to provide a more efficient system for
compelling both absentee and local landlords to correct violations and to maintain, in proper
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condition, rental property within the City. The City recognizes that the most efficient system to
provide for rental inspections is the creation of a program requiring the registration of all
residential rental units within the City so that orderly inspection schedules can be made by City
officials.
Sec. 6-112. Definitions.
As used in this ordinance, the following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
Boardinghouse, rooming house, lodging house and tourist house shall mean a building
arranged or used for the lodging, with or without meals, for compensation, by individuals who
are not members of the family.
Dormitory shall mean a space in a building where sleeping accommodations are provided
for more than one person not members ofthe same family group, in one room.
Dwelling Unit shall mean a single unit providing complete independent living facilities
for one or more persons including permanent provisions for living, sleeping, eating, cooking and
sanitation.
Hotel shall mean a room or rooms in any building or structure kept, used, maintained,
advertised or held out to the public to be an inn, motel, hotel, apartment hotel, lodging house,
boarding house, rooming house, tourist house, dormitory or place, where sleeping, rooming,
office, conference or exhibition accommodations are furnished for lease or rent, whether with or
without meals.
Multifamily Dwelling shall mean a building or portion thereof contain more than two
dwelling units.
Person shall mean any natural individual, firm, partnership, aSSOCIatIOn, Jomt stock
company, joint venture, public or private corporation, or receiver, executor, trustee, conservator
or other representative appointed by order of any court.
Permanent resident shall mean any person who occupies or has the right to occupy any
room or rooms in a hotel or motel for at least thirty (30) consecutive days.
Premises shall mean a lot, plot or parcel of land including the buildings or structures
thereon.
Rental Property shall mean a single family dwelling, two-family dwelling, multifamily
dwelling, dormitory, boardinghouse, lodging house, tourist house, rooming unit or combination
of any such dwelling unit as defined herein.
Rooming Unit shall mean any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking or eating purposes.
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Single Family Dwellings shall mean a building containing two dwelling units.
Two-Family Dwelling (duplex) shall mean a building contain two dwelling units.
Sec. 6-113. Registration.
(a) Registration Requirements. No person shall hereafter occupy, allow to be
occupied or let to another person for occupancy any residential rental property within the City
for which a registration statement has not been properly made and filed with the Building
Inspection Department of the City. Registration shall be made upon forms furnished by the City
for such purpose and shall specifically requirement the following minimum information:
(1) Name, address and phone number ofthe property owner.
(2) Name, address and phone number of the designated local property manager if the
property owner lives outside the metropolitan area.
(3) The street address of the rental property.
(4) The number and types of units within the rental property (dwelling units or
sleeping rooms).
(5) The maximum number of occupants permitted for each dwelling unit or sleeping
room.
(6) The name, phone number and address of the person authorized to make or order
made repairs or services for the property, if in violation of city or state codes, if
the person is different than the owner or local manager..
(b) Manner of Registering. The registration must be made on or before June I, 2006
and annually thereafter by the property owner or designated local property manager in the office
of the Building Inspection Department of the City.
(c) Transfer of Property. Every new owner of rental property (whether as fee owner
or contract purchaser) shall be required to furnish to the Building Inspection Department the new
owner's name, address and phone number and the name, address and phone number of the
owner's designated local manager before taking possession of the rental property. No
registration fee shall be required of the new owner during the year in which possession takes
place provided that the previous owner has paid all registration fees and has complied with all
requirements of this ordinance and any notices from the City concerning violations of health,
zoning, fire or safety codes of the City. If any change in the type of occupancy as originally
registered is contemplated by the new owner, a new registration statement will be required.
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Sec. 6-114. Inspection Required.
(a) All dwellings, boardinghouses, rooming houses, lodging houses, and/or tourist
houses that rent to permanent residents and dormitories shall be inspected systematically for
compliance with this ordinance and all other applicable laws.
(b) The provisions ofthis section shall not apply to:
(1) Dwellings, buildings, structures and uses owned and operated by any
governmental agency;
(2) Dwellings, buildings, structures and uses licensed and inspected by the state;
(3) Hotels that do not rent to permanent residents;
(4) Where a nonresidential business or activity, or a state licensed and inspected use
occupies a portion of a building and premises which would be otherwise subject
to this ordinance, the provisions of this ordinance shall be applicable to the
residential and common or public areas of such building and premises.
Sec. 6-115. Frequency of Inspections.
(a) All rental dwellings subject to this section shall be inspected at least once every
two (2) years or upon change of occupancy.
(b) Neither the common areas nor the dwelling or rooming units in structures newly
constructed shall be further inspected after the completion and issuance of a certificate of
occupancy for a period of three (3) years from the date of said certificate, unless a complaint is
made thereof. Thereafter said areas and units shall be inspected in accordance with the
requirements of this ordinance.
Sec. 6-116. Certificate of Occupancy Required.
No person shall rent, let or let for occupancy any dwelling subject to this division without
having a valid, current certificate of occupancy for that dwelling.
Sec. 6-117. Inspection Procedure.
(a) If, upon completion of the biennial inspection, the premises are found to be in
compliance with all applicable city codes and ordinance and the appropriate fee has been paid,
the city shall issue a certificate of occupancy for the premises.
(b) If, upon completion of the inspection, the premises are found to be in violation of
one or more provisions of applicable city codes and ordinances, the city shall provide written
notice of such violation and shall set a reinspection date before which such violation shall be
corrected. If such violation has been corrected within that period, the city shall issue a certificate
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of occupancy for the premises. If such violations have not been corrected within that period, the
city shall not issue the certificate of occupancy and may take any action necessary to enforce
compliance with applicable city codes and ordinances. If such uncorrected violations do not
pose an immediate threat to the health, safety, and welfare of the occupants, the city manager or
designee may authorize the occupancy of the premises for a period not to exceed ninety (90)
days.
Sec. 6-118. Request for Inspection.
The owner of any dwelling subject to this division may request inspections of said
dwelling at any time.
Sec. 6-119. Certificate Expiration Date.
(a) The certificates of occupancy issued pursuant to this division shall expire two (2)
years from the date of the biennial inspection.
(b)
on its face.
The certificate of occupancy shall have the expiration date prominently displayed
Sec. 6-120. Certificate Transferability.
A certificate of occupancy issued pursuant to this division shall be transferable to
succeeding owners; provided, that within five (5) days of the transfer, the transferor shall provide
written notice of said transfer to the city manager of designee. Such notice shall contain the
name and address of the succeeding owners. The failure to provide such notice may result in the
suspension or revocation of the certificate of occupancy.
Sec. 6-121. Certificate Availability.
Upon the request of an existing or prospective tenant, the owner or the owner's agent
shall produce the certificate of occupancy.
Sec. 6-122. Suspension or Revocation of Certificate.
If the city manager or designee, after a hearing before the city manager or designee
determines that any person has failed to comply with this ordinance or any applicable city code
or ordinance, the city manager may suspend or revoke the certificate of occupancy held by that
person. Such a hearing shall be held not less than seven (7) calendar days after notice of time,
place, and subject of the hearing has been sent to the certificate holder at the holder's last known
address or business address. The city's representative shall present evidence in support of the
suspension or revocation, and the certificate holder shall be permitted to rebut such evidence and
present any other evidence that is, in the discretion of the hearing officer, relevant and material.
Based upon the evidence presented at the hearing, the hearing officer shall issue a written
decision. The suspension or revocation of any certificate of occupancy shall not release or
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discharge the certificate holder from paying any fees due to the city, nor shall such certificate
holder be released from prosecution for violating any code or ordinance.
Sec 6-123. Maintenance of Records.
All records, files, and documents pertaining to this article shall be maintained by the
Building Inspection Department and made available to the public as allowed or required by state
law or city ordinance.
Sec. 6-124. Exemptions.
The provisions of this Article shall not apply to hospital units, nursing units or retirement
home units licensed by the State located within the City, all of which shall be specifically exempt
from registration under this ordinance.
Sec. 6-125. Fees.
A fee schedule as established by resolution of the City shall be charged for compliance
with this Article.
Sec. 6-126. Nuisance, Injunction.
Any violation of this ordinance is hereby declared to be a nuisance. In addition to any
other relief provided by this ordinance, the city attorney may apply to a court of competent
jurisdiction for an injunction to prohibit the continuation of any violation of this ordinance. Such
application for relief may include seeking a temporary restraining order, temporary injunction
and permanent injunction.
Sec. 6-127 Other Actions, Prosecution, Court Cases.
Nothing in this ordinance shall prevent the City from taking action under any of its City fire,
housing, zoning or other health safety codes for violations thereof to seek injunctive relief or
criminal prosecution of such violations in accordance with the terms and conditions of the
particular ordinance or code under which the City would proceed against the property owner,
designated property manager or occupant of any residential rental dwelling unit covered by this
registration and inspection ordinance.
Secs.6-128-6.130. Reserved."
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
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SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS /"1- day of ,4PI2.' c... 2006.
114 A -,,- f-( t€.. W (). i).E -"To'...,f
Robert E. Hager, . y Attorney
(REH/cdb 0 /29/06)
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