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HomeMy WebLinkAboutOrdinance No. 07-1702 CITY OF THE COLONY, TEXAS ORDINANCE NO. 07- it () 2- AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, ARTICLE V. RENTAL PROPERTY REGISTRATION AND INSPECTION, SECTION 6.115, FREQUENCY OF INSPECTIONS, SUBSECTION (b), BY EXTENDING THE NUMBER OF YEARS FOR INSPECTION OF MULTIFAMILY UNITS FROM THREE (3) YEARS AFTER COMPLETION AND ISSUANCE OF THE CERTIFICATE OF OCCUPANCY TO TEN (10) YEARS AFTER THE COMPLETION AND ISSUANCE OF THE CERTIFICATE OF OCCUPANCY; AND RESERVING SECTIONS 6-128-6.130; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 6, Article V of the Code of Ordinances provides for rental property registration and inspections for residential units located in the City of The Colony, Texas; and WHEREAS, Section 6.115 of Article V provides for the frequency of inspection of said units; and WHEREAS, the City desires to extend the period of time for inspection of multifamily dwellings; and WHEREAS, after discussion and consideration, the City Council desires to extend the period of time for inspection of multifamily dwellings from three (3) years from the date of completion and issuance of a certificate of occupancy to ten (10) years from the date of completion and issuance of a certificate of occupancy. 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, Article V. Rental Property Registration and Inspection, Section 6.115, Frequency ofInspections, Subsection (b), by extending the number of years for inspection of multifamily units from three (3) years after completion and issuance of the certificate of occupancy to ten (10) years after the completion and issuance of the certificate of occupancy, which shall read as follows: 1 76.000.MFINSPECT.O 1 022006.cdb "ARTICLE V. RENTAL PROPERTY REGISTRATION AND INSPECTION Sec. 6-115. Frequency of Inspections. (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 multifamily unit or completion and final inspection of a single family structure for a period of ten (10) years from the date of said certificate or final inspection, respectively, unless a complaint is made thereof. Thereafter said areas and units shall be inspected in accordance with the requirements of this ordinance. " 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. 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. 2 76.000.MFINSPECT.O I 022006.cdb PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 8th day of January 2007. ATTEST' Ck0Jd A~ W ~~~ . stie Wilson, City Secretary Robert E. Hager, Cit): ttomey (REH/cdb OliO ) Jo 3 76.000.MFINSPECT.O I 022006.cdb