HomeMy WebLinkAboutOrdinance No. 2010-1871
CITY OF THE COLONY, TEXAS
ORDINANCE NO.2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES,
CHAPTER 6, ENTITLED "BUILDINGS, CONSTRUCTION AND
RELATED ACTIVITIES," BY REPEALING IN ITS ENTIRETY
CHAPTER 6, ARTICLES II THROUGH X, SECTIONS 6-21 TO 6-175
AND REPLACING IT WITH A NEW CHAPTER 6, ARTICLES II
THROUGH XII, SECTIONS 6-21 THROUGH 6-275; ENTITLED
"BUILDING, CONSTRUCTION, HEALTH, AND SANITATION;"
PROVIDING FOR THE REGISTRATION OF CONTRACTORS;
PROVIDING FOR A MINIMUM HOUSING AND BUILDING
STANDARDS CODE; ESTABLISHING STANDARDS FOR ALL
BUILDINGS AND STRUCTURES; PROVIDING FOR THE
DECLARATION OF SUBSTANDARD BUILDINGS AND STRUCTURES
AS A PUBLIC NUISANCE; PROVIDING FOR A BUILDING AND
STANDARDS COMMISSION; PROVIDING FOR NOTICE TO
PROPERTY OWNERS, OCCUPANTS, MORTGAGEES, AND
LIENHOLDERS OF SUBSTANDARD BUILDINGS AND STRUCTURES;
PROVIDING FOR A PUBLIC HEARING ON THE SUBSTANDARD
BUILDING OR STRUCTURE; PROVIDING FOR THE ABATEMENT OF
NUISANCES; PROVIDING FOR THE RECOVERY OF COSTS;
PROVIDING FOR THE REGISTRATION AND INSPECTION OF
RENTAL PROPERTIES; PROVIDING FOR THE FREQUENCY OF
INSPECTIONS OF RENTAL PROPERTIES; ADOPTING THE
ENGINEERING DESIGN MANUAL FOR THE CONSTRUCTION OF
PUBLIC WORKS; ADOPTING THE TEXAS FOOD ESTABLISHMENT
RULES; PROVIDING FOR THE INSPECTION OF FOOD SERVICE
ESTABLISHMENTS THROUGHOUT THE CITY; REQUIRING FOOD
ESTABLISHMENT PERMITS; PROVIDING FOR THE FREQUENCY OF
INSPECTIONS OF FOOD ESTABLISHMENTS THROUGHOUT THE
CITY; ESTABLISHING REQUIREMENTS FOR HAND WASHING
LAVATORIES; ADOPTING STANDARDS FOR PUBLIC SWIMMING
POOLS AND SPAS; REQUIRING PERMITS FOR THE OPERATION OF
PUBLIC POOLS; PROVIDING THE APPLICATION PROCESS,
REVIEW, SUSPENSION, REVOCATION AND PENALTIES FOR POOL
PERMITS; PROHIBITING SMOKING IN PUBLIC PLACES;
PROVIDING FOR THE PLACEMENT OF SIGNAGE PROHIBITING
SMOKING IN PUBLIC PLACES; PROHIBITING PUBLIC NUISANCES
THROUGH THE CITY OF THE COLONY, TEXAS; PROHIBITING
UNREASONABLE NOISE; PROHIBITING OFFENSIVE ODORS;
PROHIBITING THE ACCUMULATION OF TRASH AND DEBRIS;
PROHIBITING GRAFFITI; PROHIBITING TALL GRASS AND WEEDS;
PROHIBITING ABANDONED, AND JUNKED PROPERTY; DEFINING
ABANDONED AND JUNKED MOTOR VEHICLES; ESTABLISHING
THE PROCEDURES, NOTICE REQUIREMENTS, STORAGE FEES,
AUCTION PROCEDURES, AND DISPOSAL OF ABANDONED MOTOR
VEHICLES; PROHIBITING JUNKED VEHICLES; PROVIDING THE
NOTICE, PUBLIC HEARING, REMOVAL REQUIREMENTS FOR
JUNKED VEHICLES; ESTABLISHING A SIGN ORDINANCE FOR THE
CITY OF THE COLONY, TEXAS; DEFINING SIGNS; ESTABLISHING
PERMIT REQUIREMENTS FOR SIGNS; ESTABLISHING EXCEPTIONS
TO THE SIGN PERMIT REQUIREMENTS; PROHIBITING THE
PLACEMENT OF CERTAIN SIGNAGE THROUGH THE CITY OF THE
COLONY, TEXAS; ESTABLISHING THE SIGN BOARD OF APPEALS;
ESTABLISHING REQUIREMENTS FOR THE PARKING OF
RECREATIONAL VEHICLES; REPEALING IN ITS ENTIRETY
CHAPTER 10, SECTIONS 10-1 TO 10-108 OF THE CODE OF
ORDINANCES OF THE CITY OF THE COLONY, TEXAS, ENTITLED
"HEALTH AND SANITATION;" PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000)
FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, has determined that the
following ordinance is necessary in order to protect public health, safety, and welfare of its
citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending the title of Chapter 6, entitled "Buildings, Construction
and Related Activities" to read as follows "Building, Construction, Health, and Sanitation."
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing in its entirety Chapter 6, Articles II through X, Sections 6-
21 to 6-175, and replacing it with a new Chapter 6, Articles II through XII, Sections 6-21 to 6-
275, which shall read as follows:
"Article II. Registration of Contractors
Sec. 6-21. Registration required.
It shall be unlawful for any contractor for hire, firm or corporation, required to pull a permit, to
erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building
or structure, or to perform any excavation or concrete flatwork in the city, or cause the same to
Page 2
be done, unless such contractor for hire, firm or corporation is the holder of a valid registration
with said city to perform such work. Such contractor for hire, firm or corporation shall be herein
termed registrant. In extending the rights and privileges of such registration, said city makes no
statement of the technical competency of those so registered, and no manner of license is
proffered.
Sec. 6-22. Administrative fee.
An administrative fee established by resolution of the city council shall accompany each
application for registration.
Sec. 6-23. Application.
An applicant for registration under this article shall provide to the building official the following
information.
(1) The complete name, complete mailing address and telephone number of the firm or
corporation;
(2) The name and private mailing address of a principal of the firm or corporation who is a
person authorized to bind the firm or corporation in legal agreements;
(3) If the registration is to be as an individual only, the name, mailing address and telephone
number- of the individual; and
(4) Sales tax number.
(5) Other pertinent information deemed necessary by the building official.
Every registrant shall contact the office of the building official to ensure the accuracy of
registration information, including any change of address or telephone number, within ten days
from the date that the previous information supplied in his application becomes invalid for any
reason. Failure to update information, or providing false, misleading or inaccurate information
when applying for registration, shall constitute an offense.
Sec. 6-24. Failing to Register.
In the event that a contractor fails to register in accordance with this Article, the contractor shall
be required to pay the registration fee as set by the adopted fee schedule in addition to a penalty
fee equal to the registration fee.
Sec. 6-25. Building official sliall respond.
After application for registration has been received by the building official, the registration shall
be promptly issued or a determination made on what basis the registration may not be issued.
The building official shall respond to the applicant not later than ten (10) business days
following receipt of the application.
Sec. 6-26. Expiration and renewal of registration.
Page 3
Registration shall expire annually and shall be routinely reactivated by payment of a renewal fee
if the application information remains accurate. Fee for renewal shall be the same as fee for the
initial application for registration. No permits will be issued to a contractor whose registration
has expired.
Sec. 6-27. Transfer of registration prohibited.
No registrant under this article shall for any purpose allow his registration to be transferred,
assigned, or in any manner directly or indirectly used by, any person, firm, or corporation other
than the one to whom the registration was issued.
Sec. 6-28 - 6-69. Reserved.
Article III. Minimum Housing and Building Standards Code
Division I. Generally
See. 6-70. Title.
This article shall be known as the Minimum Housing and Building Standards Code.
Sec. 6-71. Legislative finding of fact.
It is hereby found and declared that there exist in the city, structures used for human habitation
and nonresidential proposes which are or may become in the future substandard, dilapidated or
unfit for human habitation with respect to structure, equipment or maintenance and, further, that
such conditions, together with inadequate provision for light and air, insufficient protection
against fire hazards, lack of proper heating, unsanitary conditions and overcrowding, constitute a
menace to the health, safety, welfare and reasonable comfort of its citizens. It is further found
and declared that the existence of such conditions, factors or characteristics will, if not remedied,
create slum and blighted areas requiring large scale clearance and, further, that in the absence of
corrective measures such areas will experience a deterioration of social values, a curtailment of
investment and tax revenue and an impairment of economic values. It is further found and
declared that the establishment and maintenance of minimum structural and environmental
standards are essential to the prevention of blight and decay and the safeguarding of public
health, safety and welfare.
See. 6-72. Purpose.
The purpose of this article is to protect the public health, safety and welfare of the citizens of the
city by establishing minimum standards governing the construction, use, occupancy and
maintenance of all buildings; establishing minimum standards governing utilities, facilities and
other physical components and conditions essential to make all buildings and structures safe,
sanitary and fit for human use, occupancy and habitation; fixing certain responsibilities and
duties of owners, operators, agents and occupants of all buildings; authorizing and establishing
procedures for the inspection of all buildings and the condemnation and vacation of those
buildings unfit for human use, occupancy and habitation; and fixing penalties for the violation of
the provisions of this article. This article is hereby declared to be remedial and essential to the
public interest, and it is intended that this article be liberally construed to effectuate the purposes
as stated above.
Page 4
See. 6-73. Definitions.
The following wards, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section or the adopted building code, except where the context clearly
indicates a different meaning.
Bedroom: Any room or space used or intended to be used for sleeping purposes, excluding a
kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling
unit.
Building Code: The most recently adopted codes or code such as International Building Code,
International Residential Code, International Plumbing Code, International Mechanical Code,
International Energy Conservation Code or National Electrical Code.
Condemn: To adjudge unfit for occupancy.
Exterior property: The open space on the premises and on adjoining property under the control
of owners or operators of such premises.
Extermination: The control and extermination of insects, rodents or other pests by eliminating
their harborage places by removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping or by any other approved pest elimination
methods.
Familv: Any number of individuals living together as a single housekeeping unit, in which not
more than three (3) individuals are unrelated by blood, marriage or adoption.
Faulty materials of construction: All materials of construction, except those which are specifically
allowed or approved under this article and the building code, and which have been adequately
maintained in good and safe condition.
Faulty heather protection: Shall include but not be limited to the following:
(1) Deteriorated, crumbling, or loose plaster or sheetrock.
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or
floors, including broken windows or doors.
(3) 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.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
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 the chiefs authorized
Page 5
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.
Hazardous mechanical equipment: Any mechanical equipment, including vents, except that
which conformed with all applicable laws in effect at the time of installation and which has been
maintained in good and safe condition.
Hazardous or unsanitary premises: Those premises on which an accumulation of weeds,
vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborage, stagnant water,
combustible materials, and similar materials or conditions constitute fire, health, or safety
hazards.
Hazardous plumbing: All plumbing, except that which conformed with all 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 fixtures.
Hazardous iviring: All wiring, except that which conformed with all applicable laws in effect at
the time of installation and which has been maintained in good condition and is being used in a
safe manner.
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.
Infestation: means the presence within, or contiguous to, a structure or premises of insects, rats,
verinin, or other pests.
Inadequate maintenance: Any building or portion thereof which is determined to be an unsafe
building in accordance with the building code.
Inadequate sanitation: Inadequate sanitation shall include but not be limited to the following:
(1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit.
(2) Lack of, or improper kitchen sink.
(3) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(4) Lack of adequate heating facilities.
(5) Lack of, or improper operation of required ventilating equipment.
(6) Lack of minimum amounts of natural light and ventilation required by this article.
(7) Room and space dimensions less than required by this article.
(8) Lack of required electrical lighting.
(9) Dampness of habitable rooms.
(10) Infestation of insects, vermin or rodents.
(11) General dilapidation or improper maintenance.
(12) Lack of connection to required sewage disposal system.
(13) Accumulation of garbage and rubbish sufficient to pose a health hazard.
Page 6
Installation: When used in reference to the manufactured housing, "installation" means the
transporting of manufactured homes or manufactured home components to the place where they
will be used by the consumer, the construction of the foundation system, whether temporary or
permanent, and the placement or erection of a manufactured home or manufactured home
components on the foundation system, and includes supporting, blocking, leveling, securing,
anchoring, and proper connection of multiple or expandable sections or components, the
installation of air conditioning and minor adjustments.
Inuninent Danger: A condition which could cause serious or life-threatening injury or death at any
time.
Let for Occupancy: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premise or structure by a person who is or is not the legal owner of record
thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.
Multiple Dwelling: Any building, or portion thereof, which is occupied as the home or residence
of more than two families living independently of each other and doing their own cooking in the
building.
Nuisance: Anything so defined in this article. The following are defined as nuisances:
(1) Any public 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 unoccupied 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.
Occupant/Tenant: Any individual living or sleeping in a building or having possession of a
space within a building.
Occupancy: The purpose for which a building or portion thereof is utilized or occupied.
Openable Area: That part of a window, skylight or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care or control of a structure or premise which is let or
offered for occupancy.
Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding
title to the property; or otherwise having control of the property, including the guardian of the
estate of any such person, and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
Page 7
Person: An individual, corporation, partnership or any other group acting as a unit.
Premise/Property: Is a lot, plot or parcel of land, easement or public way, including any
structures thereon.
Rodent: A small knowing mammal of the order rodentia, including, but not limited to rats, mice,
and squirrels.
Sanitary: Any condition of good order and cleanliness that precludes the probability of disease
transmission.
Structural hazard: Includes any of the following, but not limited thereto:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or
buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient
size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which sag, split, or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge, settle, or crack due to defective material
or deterioration.
Substandard building: Any building or portion thereof, or the premises on which the same is
located, where the established criteria exists 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.
Temporary Housing: Is any tent, trailer or other structure used for human shelter which is
designed to be transportable and which is not attached to the ground, to another structure, or to
any utilities system on the same premises for more than thirty (30) consecutive days.
Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to,
or removing such air from, any space.
I
I
Page 8
Workinanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
Sec. 6-74. Enforcement--Authority and responsibility generally.
Authority. The building official or such official's authorized representative is hereby authorized and
directed to administer and enforce all of the provisions of this code.
Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this
code, or whenever the building official or an 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 an 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 if such
building or premises is occupied, such official shall first present proper credentials and request
entry; and if such building or premises is unoccupied, such official shall first make a reasonable
effort to locate the owner or other person having charge or control of the building or premises
and request entry. If such entry is refused, the building official or the 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 authorized representative for the purpose of inspection and examination pursuant to
this code. Any person violating this subsection shall be guilty of a misdemeanor.
Division II. Minimum Standards
Sec. 6-75. Responsibilities defined.
(a) Every owner remains liable for violations of duties imposed by this code even though an
obligation is also imposed on the occupants, 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 the owner's agent, in addition to being responsible for maintaining such
owner's building in a sound structural condition, shall be responsible for keeping that part of the
building or premises which such person occupies or controls in a clean, sanitary and safe
condition including the shared or public areas in a building containing two or more units.
(c) Every owner shall, where required by this code, or other code and ordinance, furnish and
maintain such approved sanitary facilities as required, and shall furnish and maintain approved
devices, equipment, and 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.
(d) Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean,
sanitary, and safe condition that part of the dwelling or dwelling unit or premises which such
Page 9
person occupies and controls, shall dispose of all of such person's rubbish, garbage, and other
organic waste in a manner required by the sanitation provisions of this Code of Ordinances.
(e) Every owner shall, where required by this code, or other ordinance of the city, furnish
and maintain approved devices, equipment or facilities necessary to keep such occupant's
premises safe and sanitary.
(f) No owner or occupant shall lease or allow another to occupy, any building or structure
which does not comply with the applicable provisions of any code of the city.
(g) The property shall be maintained in good repair, structurally sound and sanitary so as not
to pose a threat to the public health, safety or welfare.
(h) Every owner shall keep the doors and windows of a vacant structure or vacant portion of
a structure securely closed to prevent unauthorized entry.
Sec. 6-76. Space and occupancy standards.
(a) Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory
units shall be arranged to provide privacy and be separate from other adjoining spaces.
(b) Minimum room widths. A habitable room, other than a kitchen, shall not be less than
seven feet (7') in any plan dimension. Kitchens shall have a clear passageway of not less than
three feet (3') between counterfronts and appliances or counterfronts and walls.
(c) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less
than seven feet (7').
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than four feet
(4') on center and projecting not more than six inches (6") below the required
ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for
laundry, study or recreation purposes, having a ceiling height of not less than six
feet (6') eight inches (8") with not less than six feet (6') four inches (4") of clear
height under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a
sloped ceiling over all or part of the room, with a clear ceiling height of at least
seven feet (7') over not less than one-third of the required minimum floor area. In
calculating the floor area of such rooms, only those portions of the floor area with
a clear ceiling height of five feet (5') or more shall be included.
Page 10
(d) Room area. Every living room shall contain at least 120 square feet, and every bedroom
shall contain at least 70 square feet.
(e) Access firom bedrooms. Bedrooms shall not constitute the only means of access to other
bedrooms or habitable spaces and shall not serve as the only means of egress from other
habitable spaces.
Exception: Units that contain fewer than two bedrooms.
(f) Water closet accessibility. Every bedroom shall have access to at least one water closet
and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit
shall have access to at least one water closet and lavatory located in the same story as the
bedroom or an adjacent story.
(g) Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping
purposes.
(h) Overcrowding. The number of persons occupying a dwelling unit shall not create
conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of
the occupants.
(i) Efticiency unit. Nothing in this section shall prohibit an efficiency living unit from
meeting the following requirements:
(1) A unit occupied by not more than two occupants shall have a clear floor area of
not less than 220 square feet. A unit occupied by three (3) occupants shall have a
clear floor area of not less than 320 square feet. These required areas shall be
exclusive of the areas required by items 2 and 3.
(2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration
facilities, each having a clear working space of not less than thirty inches (30") in
front. Light and ventilation conforming to this code shall be provided.
(3) The unit shall be provided with a separate bathroom containing a water closet,
lavatory and bathtub or shower.
(4) The maximum number of occupants shall be three.
(j) Food preparation. All spaces to be occupied for food preparation proposes shall contain
suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall
be adequate facilities and services for the sanitary disposal of food wastes and refuse, including
facilities for temporary storage.
Sec. 6-77. Structural requirements.
(a) General. 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
Page 11
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.
Sec. 6-78. Exterior structure.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so
as not to pose a threat to the public health, safety or welfare.
(1) Protective treatment. All exterior surfaces, including but not limited to, doors, door and
window frames, cornices, porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints as well as those between the building envelope and the
perimeter of windows, doors, and skylights shall be maintained weather resistant and
water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such
rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to
inhibit future rust and corrosion. Oxidation stains shall be removed from exterior
surfaces. Surfaces designed for stabilization by oxidation are exempt from this
requirement.
(2) Premises identification. Buildings shall have approved address numbers placed in a
position to be plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic
numerals or alphabet letters. Numbers shall be a minimum of four inches (4") high with a
minimum stroke width of one-half inch (0.5").
(3) Structural members. All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live loads.
(4) Foundation walls. All foundation walls shall be maintained structurally sound and free
from open cracks and breaks and shall be kept in such condition so as to prevent the entry
of rodents and other pests.
(5) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to
prevent deterioration.
(6) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. Roof drains, gutters and downspouts shall be
maintained in good repair and fi•ee from obstructions. Roof water shall not be discharged
in a manner that creates a public nuisance.
Page 12
(7) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and
similar decorative features shall be maintained in good repair with proper anchorage and
in a safe condition.
(8) Overhang extensions. All overhang extensions including, but not limited to canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be kept in a sound condition.
When required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or lust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
(9) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and
balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in
good repair, with proper anchorage and capable of supporting the imposed loads.
(10) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair. All
exposed surfaces of metal or wood shall be protected from the elements and against decay
or rust by periodic application of weather-coating materials, such as paint or similar
surface treatment.
(11) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
(12) Window, skylight and door frames. Every window, skylight, door and frame shall be kept
in sound condition, good repair and weather tight.
(13) Glazing. All glazing materials shall be maintained free from cracks and holes.
(14) Openable windows. Every window, other than a fixed window, shall be easily openable
and capable of being held in position by window hardware.
(15) Insect screens. Every door, window and other- outside opening required for ventilation of,
food preparation areas, food service areas or any areas where products to be included or
utilized in food for human consumption are processed, manufactured. packaged or stored
shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh
per inch, and every screen door used for insect control shall have a self-closing device in
good working condition.
(16) Doors. All exterior doors, door assemblies and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure
the door.
Page 13
(17) Building security. Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide security for the
occupants and property within.
(18) Exterior doors. Doors providing access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be
readily openable from the side from which egress is to be made without the need for keys,
special knowledge or effort and shall have a lock throw of not less than one inch (1
Such deadbolt locks shall be installed according to the manufacturer's specifications and
maintained in good working order. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock.
(19) Windorls. Operable windows located in whole or in part within six feet (6') above ground
level or a walking surface below that provide access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a window sash
locking device.
(20) Garage doors. Garage door should be maintained and in good working condition.
See. 6-79. Exterior property areas.
(a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and
sanitary condition. The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
(b) Weeds. All premises and exterior property shall be maintained free from weeds in excess
of twelve inches (12"). All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term
shall not include cultivated flowers and gardens.
(c) Rodent harborage. All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be promptly exterminated by
approved processes which will not be injurious to human health. After extermination, proper
precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(d) Accessory structures. All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
(e) Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed
motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be
in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved spray booth.
( Defacement of property. No person shall willfully or wantonly damage, mutilate or
deface any exterior surface of any structure or building on any private or public property by
placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to
restore said surface to an approved state of maintenance and repair.
Page 14
Sec. 6-80. Interior structure.
The interior of a structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of a structure containing a
rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or
more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or
public areas of the structure and exterior property.
(1) General. The interior of a structure and equipment therein shall be maintained in good
repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the
structure which they occupy or control in a clean and sanitary condition. Every owner of
a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or
more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean
and sanitary condition, the shared or public areas of the structure and exterior property.
(2) Structural members. All structural members shall be maintained structurally sound, and
be capable of supporting the imposed loads.
(3) Interior su~faees. All interior surfaces, including windows and doors, shall be maintained
in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be
repaired, removed or covered. Cracked or loose plaster, decayed wood and other
defective surface conditions shall be corrected.
(4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other
walking surface shall be maintained in sound condition and good repair.
(5) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
(6) Interior doors. Every interior door shall fit reasonably well within its frame and shall be
capable of being opened and closed by being properly and securely attached to jambs,
headers or tracks as intended by the manufacturer of the attachment hardware.
Sec. 6-81. Light and ventilation.
(a) Habitable spaces. Every habitable space shall have at least one window of approved size
facing directly to the outdoors or to a court. The minimum total glazed area for every habitable
space shall be eight percent (8%) of the floor area of such room. Wherever walls or other
portions of a structure face a window of any room and such obstructions are located less than
three feet (3') from the window and extend to a level above that of the ceiling of the room, such
window shall not be deemed to face directly to the outdoors nor to a court and shall not be
included as contributing to the required minimum total window area for the room.
(1) Exception: Where natural light for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the unobstructed opening to the adjoining room
shall be at least eight percent (8%) of the floor area of the interior room or space, but not
Page 15
less than twenty-five (25) square feet. The exterior glazing area shall be based on the total
floor area being served.
(b) Common halls and stairways. Every common hall and stairway in residential
occupancies, other than in one and two-family dwellings, shall be lighted at all times with at least
a 60-watt standard incandescent light bulb for each 200 square feet of floor area or equivalent
illumination, provided that the spacing between lights shall not be greater than thirty feet (30').
In other than residential occupancies, means of egress, including exterior means of egress,
stairways shall be illuminated at all times the building space served by the means of egress is
occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
(c) Other spaces. All other spaces shall be provided with natural or artificial light sufficient
to permit the maintenance of sanitary conditions, and the safe occupancy of the space and
utilization of the appliances, equipment and fixtures.
(d) Origin of light and ventilation. Required exterior openings for natural light and
ventilation shall open directly onto a street or public alley or a yard or court located on the same
lot as the building.
(1) Exception: Required windows may open into a roofed porch where the porch:
(A) Abuts a street, yard or court;
(B) Has a ceiling height of not less than seven feet (7'); and
(C) Has the longer side at least sixty-five percent (65%) open and
unobstructed.
A required window in a service room may open into a vent shaft which is open and unobstructed
to the sky and not less than four feet (4') in least dimension. No vent shaft shall extend through
more than two (2) stories. For the purpose of determining light and ventilation requirements, any
room may be considered as a portion of an adjoining room when one-half of the area of the
common wall is open and unobstructed and provides an opening of not less than one-tenth of the
floor area of the interior room or twenty-five (25) square feet, whichever is greater.
(e) Habitable spaces. Every habitable space shall have at least one openable window. The
total openable area of the window in every room shall be equal to at least forty-five percent
(45%) of the minimum glazed area required in this chapter.
(1) Exception: Where rooms and spaces without openings to the outdoors are
ventilated through an adjoining room, the unobstructed opening to the adjoining
room shall be at least eight percent (8%) of the floor area of the interior room or
space, but not less than twenty-five (25) square feet. The ventilation openings to
the outdoors shall be based on a total floor area being ventilated.
Page 16
(f) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the
ventilation requirements for habitable spaces as required by this chapter, except that a window
shall not be required in such spaces equipped with a mechanical ventilation system. Air
exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to
the outdoors and shall not be recirculated.
(g) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall
not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall
not be permitted to be present in the rooming unit or don-nitory unit.
(1) Exceptions:
(A) Where specifically approved in writing by the code official.
(B) Devices such as coffee pots and microwave ovens shall not be considered
cooking appliances.
(h) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or
mists are generated, a local exhaust ventilation system shall be provided to remove the con-
taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to
any space.
(1) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other
systems and shall be exhausted in accordance with the manufacturer's instructions.
Sec. 6-82. Sanitation/utility standards.
(a) Dwelling units. Every dwelling unit shall be provided with a bathroom equipped with
facilities consisting of a water closet, lavatory and either a bathtub or shower.
(b) Hotels. Where private water closets, lavatories and baths are not provided, there shall be
provided on each floor for each sex at least one (1) water closet and lavatory and one (1) bath
accessible from a public hallway. Additional water closets, lavatories and baths shall be provided
on each floor for each sex at the rate of one (1) for every additional ten (10) guests or fractional
number thereof in excess of ten (10). Such facilities shall be clearly marked for "Men" or
"Women."
(e) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be
provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be
permitted.
(d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved
private sewage disposal system. All plumbing fixtures shall be connected to an approved system
of water supply and provided with hot and cold running water necessary for its normal operation.
All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly
nonabsorbent material.
Page 17
(e) Water closet compartments. Walls and floors of water closet compartments shall be
finished in accordance with applicable codes.
(f) Room separations. Every closet, bathtub or shower required by this article 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 fi•om food preparation or storage rooms by a tightfitting door.
(g) Installation and maintenance. All sanitary facilities shall be installed and maintained in a
safe and sanitary condition and in accordance with all applicable laws.
(h) Connection to water system. Every sink, lavatory, bathtub or shower, drinking fountain,
water closet or other plumbing fixture shall be properly connected to either a public water system
or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs
and showers shall be supplied with hot or tempered and cold running water in accordance with
the International Plumbing Code.
(i) Contamination. The water supply shall be maintained free from contamination, and all
water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture.
Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are
attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or
an approved permanently attached hose connection vacuum breaker.
(j) Supply. The water supply system shall be installed and maintained to provide a supply of
water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
(k) Water heating.facilities. Water heating facilities shall be properly installed, maintained
and capable of providing an adequate amount of water to be drawn at every required sink,
lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A
gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other
occupied room normally kept closed, unless adequate combustion air is provided. An approved
combination temperature and pressure-relief valve and relief valve discharge pipe shall be
properly installed and maintained on water heaters.
(1) General. All plumbing fixtures shall be properly connected to either a public sewer
system or to an approved private sewage disposal system.
(m) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly
and be kept free from obstructions, leaks and defects.
(n) Drainage. Drainage of roofs and paved areas, yards and courts, and other open areas on
the premises shall not be discharged in a manner that creates a public nuisance.
Sec. 6-83. Mechanical and electrical requirements.
(a) Scope. The provisions of this section shall govern the minimum mechanical and electrical
facilities and equipment to be provided.
Page 18
(b) Responsibility. The owner of the structure shall provide and maintain mechanical and
electrical facilities and equipment in compliance with these requirements. A person shall not
occupy as owner-occupant or permit another person to occupy any premises which does not
comply with the requirements of this article.
(c) Facilities required. Heating facilities shall be provided in structures as required by this
section.
(d) Residential occupancies. Dwellings shall be provided with heating facilities capable of
maintaining a room temperature of 687 (20°C) in all habitable rooms, bathrooms and toilet
rooms based on the winter outdoor design temperature for the locality indicated in Appendix D
of the International Plumbing Code. Cooking appliances shall not be used to provide space
heating to meet the requirements of this section.
(1) Exception: In areas where the average monthly temperature is above 30°F (-1°C),
a minimum temperature of 65°F (18°C) shall be maintained.
(e) Heat supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all
habitable rooms, bathrooms, and toilet rooms.
(1) Exceptions:
(A) When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room
temperature shall not be required provided that the heating system is
operating at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
(B) In areas where the average monthly temperature is above 30°F (-1°C) a
minimum temperature of 65°F (18°C) shall be maintained.
(f) Occupiable nvork spaces. Indoor occupiable work spaces shall be supplied with heat to
maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
(1) Exceptions:
(A) Processing, storage and operation areas that require cooling or special
temperature conditions.
(B) Areas in which persons are primarily engaged in vigorous physical
activities.
Page 19
(g) Rooin temperature measurement. The required room temperatures shall be measured
three feet (3') above the floor near the center of the room and two feet (2') inward from the
center of each exterior wall.
(h) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning
appliances, cooking appliances, and water heating appliances shall be properly installed and
maintained in a safe working condition, and shall be capable of performing the intended
function.
(i) Removal of combustion products. All fuel-burning equipment and appliances shall be
connected to an approved chimney or vent.
(1) Exception: Fuel-burning equipment and appliances which are labeled for unvented
operation.
(j) Clearances. All required clearances to combustible materials shall be maintained.
(k) Safety controls. All safety controls for fuel-burning equipment shall be maintained in
effective operation.
(1) Combustion air. A supply of air for complete combustion of the fuel and for ventilation
of the space containing the fuel-burning equipment shall be provided for the fuel-buming
equipment.
(m) Energy conservation devices. Devices intended to reduce fuel consumption by attachment
to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping
therefrom, shall not be installed unless labeled for such purpose and the installation is
specifically approved.
(n) Facilities required. Every occupied building shall be provided with an electrical system
in compliance with the requirements of this chapter.
(o) Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the ICC Electrical Code.
Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service
having a rating of not less than 60 amperes.
(p) Electrical system hazards. Where it is found that the electrical system in a structure
constitutes a hazard to the occupants or the structure by reason of inadequate service, improper
fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration
or damage, or for similar reasons, the code official shall require the defects to be corrected to
eliminate the hazard.
(q) Installation. All electrical equipment, wiring and appliances shall be properly installed
and maintained in a safe and approved manner.
Page 20
(r) Receptacles. Every habitable space in a dwelling shall contain at least two separate and
remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle
or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one
receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter
protection.
(s) Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry
room, boiler room and furnace room shall contain at least one electric luminaire.
Sec. 6-84. Fire safety requirements.
(a) Scope. The provisions of this section shall govern the minimum conditions and standards
for fire safety relating to structures and exterior premises, including fire safety facilities and
equipment to be provided.
(b) Responsibility. The owner of the premises shall provide and maintain such fire safety
facilities and equipment in compliance with these requirements. A person shall not occupy as
owner-occupant or permit another person to occupy any premises that do not comply with the
requirements of this section.
(c) General. A safe, continuous and unobstructed path of travel shall be provided from any
point in a building or structure to the public way. Means of egress shall comply with the
International Fire Code.
(d) Locked doors. All means of egress doors shall be readily openable from the side from
which egress is to be made without the need for keys, special knowledge or effort, except where
the door hardware conforms to that permitted by the International Building Code.
(e) Emergency escape openings. Required emergency escape openings shall be maintained in
accordance with the code in effect at the time of construction, and the following. Required
emergency escape and rescue openings shall be operational from the inside of the room without
the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over
emergency escape and rescue openings provided the minimum net clear opening size complies
with the code that was in effect at the time of construction and such devices shall be releasable or
removable from the inside without the use of a key, tool or force greater than that which is
required for normal operation of the escape and rescue opening.
(f) Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-
rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
(g) Opening protectives. Required opening protectives shall be maintained in an operative
condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and
smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
(h) Fire protection systems. All systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable
condition at all times in accordance with the International Fire Code.
Page 21
(i) Sinoke alarms. Single or multiple-station smoke alarn-is shall be installed and maintained
in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of
occupant load at all of the following locations:
(1) On the ceiling or wall outside of each separate sleeping area in the immediate
vicinity of bedrooms.
(2) In each room used for sleeping purposes.
(3) In each story within a dwelling unit, including basements and cellars but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling units
with split levels and without an intervening door- between the adjacent levels, a
smoke alarm installed on the upper level shall suffice for the adjacent lower level
provided that the lower level is less than one full story below the upper level.
Single or multiple-station smoke alarins shall be installed in other groups in accordance
with the International Fire Code.
(j) Power source. In Group R occupancies and in dwellings not regulated as Group R
occupancies, single-station smoke alarms shall receive their primary power from the building
wiring provided that such wiring is served from a commercial source and shall be equipped with
a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be
permanent and without a disconnecting switch other than as required for overcurrent protection.
(1) Exception: Smoke alarms are permitted to be solely battery operated in buildings
where no construction is taking place, buildings that are not served from a
commercial power source and in existing areas of buildings undergoing alterations
or repairs that do not result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement available
which could provide access for building wiring without the removal of interior
finishes.
(k) Interconnection. Where more than one smoke alai-in is required to be installed within an
individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R
occupancies, the smoke alarms shall be interconnected in such a manner that the activation of
one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible
in all bedrooms over background noise levels with all intervening doors closed.
(1) Exceptions:
(A) Interconnection is not required in buildings which are not undergoing
alterations, repairs, or construction of any kind.
(B) Smoke alarms in existing areas are not required to be interconnected where
alterations or repairs do not result in the removal of interior wall or ceiling
Page 22
finishes exposing the structure unless there is an attic, crawl space or
basement available which could provide access for interconnection without
the removal of interior finishes.
Sec. 6-85. Inspection of buildings.
(a) Commercial. Prior to occupying any commercial property a certificate of occupancy must
be obtained from the Building Inspections Department. All vacant buildings must be secured
when not occupied.
(b) Residential. Prior to occupying any rental property a rental inspection must be paid for
and the utilities must be on at the time of the inspection. The following items, including but not
limited to, must be approved prior to occupying a rental property within the City of The Colony.
(1) Exterior locking hardware must work properly and doors open without keys,
special knowledge or special effort.
(2) Doors and windows must be weather-tight.
(3) Exits must be clean and unobstructed.
(4) Windows must be fully operational and open completely from sleeping rooms.
(5) House numbers must be visible from the street and alley.
(6) Foundation is free from obvious disrepair.
(7) Exterior must be free from holes or gaps (i.e. holes in brick, siding, stucco, etc.)
(8) Roof is free of obvious disrepair, missing shingles and structurally sound.
(9) Chimney in good condition and free of obvious disrepair.
(10) Stairs evenly spaces and securely attached.
(11) Handrails are securely attached.
(12) Furnace is in good working condition.
(13) Water heater is operational.
(14) Smoke detectors are provided in all required locations.
(15) Electrical fixtures free from obvious disrepair.
(16) Electrical outlets and switch plate covers are provided.
(17) Plumbing fixtures are free from obvious disrepair.
(18) Property is free of public nuisances.
Division III. Substandard Process
Sec. 6-86. Criteria for establishing.
Any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the
premises on which the same is located, in which there exists any of the following listed condition
as 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:
Inadequate sanitation: Inadequate sanitation shall include but not be limited to the following:
(1) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit.
(2) Lack of, or improper kitchen sink.
(3) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
Page 23
(4) Lack of adequate heating facilities.
(5) Lack of or improper operation of required ventilating equipment.
(6) Lack of minimum amounts of natural light and ventilation required by this article.
(7) Room and space dimensions less than required by this article.
(8) Lack of required electrical lighting.
(9) Dampness of habitable rooms.
(10) Infestation of insects, vermin or rodents.
(11) General dilapidation or improper maintenance.
(12) Lack of connection to required sewage disposal system.
(13) Accumulation of garbage and rubbish sufficient to pose a health hazard.
Structural hazard: Includes any of the following, but not limited thereto:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or
buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size
to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports or other horizontal members
which sag, split, or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members
that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge, settle, or crack due to defective material
or deterioration.
Faulty materials of construction: All materials of construction, except those which are
specifically allowed or approved under this article and the building code, and which have been
adequately maintained in good and safe condition.
Faulty weather protection: Shall include but not be limited to the following:
(1) Deteriorated, crumbling, or loose plaster or sheetrock.
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or
floors, including broken windows or doors.
(3) 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.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
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 the chiefs 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.
Page 24
Hazardous mechanical equipment: Any mechanical equipment, including vents, except that
which conformed with all applicable laws in effect at the time of installation and which has been
maintained in good and safe condition.
Hazardous or unsanitary premises: Those premises on which an accumulation of weeds,
vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborage, stagnant water,
combustible materials, and similar materials or conditions constitute fire, health, or safety
hazards.
Hazardous plumbing: All plumbing, except that which conformed with all 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 fixtures.
Hazardous 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 condition and is being used in a
safe manner.
Inadequate exists: Inadequate exists refer to all buildings or portions thereof not provided with
adequate exit facilities as required by this article except those building or portions thereof whose
exit facilities conformed with all applicable laws at the time of their construction and which have
been adequately maintained and increased in relation to any increase in occupant load, alteration
or addition or any change in occupancy. When an unsafe condition exists through lack of or
improper location of exists, additional exists may be required to be installed.
Inadequate fire protection or firefghting equipment: Inadequate fire protection or firefighting
equipment refers to all buildings or portions thereof which are not provided with the fire-resistive
construction or fire-extinguishing systems or equipment required by this article, except those
buildings or portions thereof which conformed with all applicable laws at the time of their
construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have
been adequately maintained and improved in relation to an increase in occupant load, alteration
or addition or any change in occupancy.
Inadequate maintenance: Any building or portion thereof which is deterinined to be an unsafe
building in accordance with the building code.
hnproper 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.
Sec. 6-87. Building and standards commission.
(a) There is hereby created the building and standards commission, composed of five (5)
members, which shall consist of the members of the zoning board of adjustment. Persons
appointed to the zoning board of adjustment shall also automatically be appointed to the building
and standards commission. The zoning board of adjustment shall not assume or perform any
duties or responsibilities of the building and standards commission, nor shall the building and
standards commission assume or perform any duties or responsibilities of the zoning board of
Page 25
adjustment, each such board being separate and distinct boards. Members must be residents of
the city. Their appointment is for a term of two (2) years or until replacements are appointed.
(b) The building and standards commission has authority to enforce the enumerated health
and safety ordinances as authorized by subchapter C, Chapter 54, Texas Local Government
Code, as amended. Specifically the commission hears cases relative to ordinances:
(1) For the preservation of public safety, relating to the materials or methods used to
construct a building or improvement, including the foundation, structural
elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or
exits, including, but not limited to, the building codes as adopted and the
minimum standards for buildings in this chapter;
(2) Relating to the fire safety of a building or improvement, including, but not
limited to, provisions in the International Fire Code as adopted in chapter 9
herein, relating to materials, types of construction or design, warning devices,
sprinklers or other fire suppression devices, availability of water supply for
extinguishing fires, or location, design, or width of entrances or exits;
(3) Relating to dangerously damaged or deteriorated buildings or improvements;
(4) Relating to conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents; or
(5) Relating to a building code or to the condition, use, or appearance of property in
the city, including, but not limited to provisions regarding the minimum
standards for buildings in this chapter.
Sec. 6-88. Authority of city to secure building before a hearing.
(a) The building official or designee may, before notice and hearing, secure a building that
violates the minimum standards in this chapter and is unoccupied or is occupied only by persons
who do not have a right of possession if:
(1) Before the eleventh (11"') day after the date the building is secured, the owner is
given notice by:
(A) Personally serving the owner with written notice;
(B) Depositing the notice in the United States mail addressed to the owner at
the owner's post office address;
(C) Publishing the notice at least twice within a ten-day period in a newspaper
of general circulation in the county in which the building is located if personal
service cannot be obtained and the owner's post office address is unknown; or
Page 26
(D) Posting the notice on or near the front door of the building if personal
service cannot be obtained and the owner's post office address is unknown.
(b) The notice pursuant to this section must contain:
(1) An identification, which is not required to be a legal description, of the building
and the property on which it is located;
(2) A description of the violation that is present at the building;
(3) A statement that the city will secure or has secured, as the case may be, the
building; and
(4) An explanation of the owner's entitlement to request a hearing about any matter
relating to the city's securing of the building.
(c) The commission shall conduct a hearing pursuant to this section at which the owner may
testify or present witnesses or written information about any matter relating to the city's securing
of the building if, within thirty (30) days after the date the city secures the building, the owner
files with the city a written request for the hearing. The commission shall conduct the hearing
within twenty (20) days after the date the request is filed.
(d) The city has the same authority to assess expenses under this section as it has to assess
expenses under section 6-94 herein. A lien is created under this section in the same manner that a
lien is created under section 6-94 herein and is subject to the same conditions as a lien created
under that section.
(e) The authority granted in this section is in addition to that granted by Section 214.001 of
the Texas Local Government Code and other sections in this article.
Sec. 6-89. Proceedings.
(a) All cases to be heard by the commission must be heard by a panel of at least five (5)
members and/or alternate members.
(b) A majority of the entire commission shall adopt rules for the entire commission in
accordance with this chapter. The rules shall establish procedures for use in hearings, providing
ample opportunity for presentation of evidence and testimony by respondents or persons
opposing charges being brought by the city relating to alleged violations of ordinances.
(c) A majority vote of the members voting on a matter is necessary to take any action under
this chapter.
(d) The building official or his or her designee shall present all cases before the commission
panel.
Page 27
(e) Meetings of the commission panel shall be held at the call of the chairman, or in the
chairman's absence, the acting chairman, and at other times as determined by the commission.
All meetings of the commission shall be open to the public. The chairman or acting chairman
may administer oaths and compel the attendance of witnesses.
(f) The commission shall keep minutes of its proceedings showing the vote of each member
on each question or the fact that a member is absent or fails to vote. Each commission panel shall
keep records of its examinations and other official actions. The minutes and records shall be filed
immediately in the office of the commission as public records.
(g) Public hearings will be conducted by the building and standards commission in
accordance with the rules of the commission to hear and consider alleged violations of
ordinances by owners, managers, or occupants of buildings.
(h) If no appeals are taken from the decision of the commission within the required period,
the decision of the commission panel is final and non-appealable.
G) In a public hearing to determine whether a building complies with the standards set out in
this chapter, the owner, lienholder, or mortgagee, has the burden of proof to demonstrate the
scope of work that may be required to comply with this chapter, and the time it will take to
reasonably perform the work.
Sec. 6-90. Notice of proceedings.
(a) Notice of proceedings before the building and standards commission panel shall be given:
(1) By personal delivery, by certified mail with return receipt requested, or by
delivery by the United States Postal Service using signature confirmation service,
to the record owners of, each holder of a recorded lien against, and each
mortgagee of the affected property, as shown by the records in the Office of the
Denton County Clerk if the address of the lienholder can be ascertained from the
deed of trust establishing the lien and/or other applicable instruments on file in the
office of the Denton County Clerk;
(2) The owner or manager shown on the current license on file with the city, if
applicable; and
(3) To all unknown owners, by posting a copy of the notice on the front door of each
improvement situated on the affected property or as close to the fi-ont door as
practicable.
(b) The notice must be:
(1) Posted and either personally delivered or mailed on or before the tenth (10`1') day
before the date of the hearing before the commission panel and must state the date,
time, and place of the hearing; and
Page 28
(2) Published in a newspaper of general circulation in the City of The Colony on one
occasion on or before the tenth (10"') day before the date fixed for the hearing.
(c) The commission may file notice of a proceeding before a commission panel in the
Denton County Official Public Records of Real Property. The notice must contain the name and
address of the owner of the affected property if that information can be determined from a
reasonable search of the instruments on file in the office of the Denton County Clerk, a legal
description of the affected property, and a description of the proceeding. The filing of the notice
is binding on subsequent grantees, lienholders, or other transferees of an interest in the property
who acquire such interest after the filing of the notice and constitutes notice of the proceeding on
any subsequent recipient of any interest in the property who acquires such interest after the filing
of the notice.
(d) The city must exercise due diligence to detennine the identity and address of a property
owner or lienholder to whom the city is required to give notice. The city exercises such due
diligence when it searches the following records:
(1) Denton County Official Public Records of Real Property;
(2) Denton County Appraisal District records;
(3) Texas Secretary of State records, if the property owner or lienholder is a
corporation, partnership, or other business association;
(4) Denton County assumed name records;
(5) City tax records; and
(6) City utility records.
(e) All notices herein shall be sent or given by the building official or his or her designee.
Sec. 6-91. Action of the building and standards commission.
After a public hearing, if a building is found to be in violation of this chapter, the commission
may:
(a) Enter into the minutes its findings that:
(1) A building is in violation of the minimum standards of this chapter;
(2) A building is dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety, and welfare;
(3) A building is unoccupied by its owners, lessees, or other invitees and unsecured
from unauthorized entry to the extent that it could be entered or used by vagrants
Page 29
or other uninvited persons as a place of harborage or could be entered or used by
children;
(4) A building is boarded up, fenced, or secured, but
(A) Constitutes a danger to the public even though secured from entry; or
(B) The means used to secure the building are inadequate to prevent
unauthorized entry or use of the building by vagrants, children, or other
uninvited persons.
(5) The materials or methods used to construct the building or improvement,
including the foundation, structural elements, electrical wiring or apparatus,
plumbing and fixtures, entrances, or exits do not meet the standards set forth in
this chapter in regard to the preservation of public safety;
(6) A building or improvement does not meet fire safety standards as designated in
the International Fine Code as adopted in chapter 9 herein;
(7) A building or use thereof is in violation of sections 6-196 to 6-199 and chapter 6
herein in that there exist conditions caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects and rodents;
(8) The condition, use, or appearance of property is in violation of the minimum
standards in this chapter;
(9) Determine the amount and duration of final civil penalties the city may recover;
and
(10) Determine that a building fails to meet the requirements necessary to retain a
certificate of occupancy or multi-family dwelling community license.
(b) Make an order that:
(1) Declares a building substandard;
(2) The owner, lienholder, or mortgagee of a building:
(A) Secure it from unauthorized entry; or
(B) Repair, remove, or demolish the building.
(3) Persons or property be immediately removed from a building and designate the
city to enter on the property to secure the removal if it is determined that
conditions exist on the property that constitute a violation of this chapter;
Page 30
(4) Action be taken as necessary to remedy, alleviate, or remove any substandard
building found to exist;
(5) The building(s) be vacated and/or that any or all occupants be relocated within a
reasonable time;
(6) Authorizes any peace officer of the state, including the police chief, sheriff, or
constable, to enforce and carry out the lawful order or directives of the
commission; and
(7) The owner(s) of the property pay to the city the amount of civil penalties found to
be owed. The commission may not order conditional civil penalties.
(c) Time limits:
(1) An order may require that a building shall be secured as found necessary in a
manner which prevents entry by unauthorized persons within thirty (30) days.
(2) An order may require that a building must be repaired, removed, or demolished
within thirty (30) days unless the owner or lienholder establishes at the hearing
that the work cannot reasonably be performed within thirty (30) days.
(3) If the commission allows the owner, lienholder, mortgagee, manager, or occupant
more than thirty (30) days to repair, remove, or demolish the building, the
commission shall establish specific time schedules for the commencement and
performance of the work and shall require the owner, lienholder, mortgagee,
manager, or occupant to secure the property in a reasonable manner from
unauthorized entry while the work is being performed.
(4) The commission may not allow the owner, lienholder, mortgagee, manager, or
occupant more than ninety (90) days to repair, remove, or demolish the building or
fully perform all work required to comply with the order of the commission unless
the owner, lienholder, mortgagee, manager, or occupant:
(A) Submits a detailed plan and time schedule for the work at the hearing; and
(B) Establishes at the hearing that the work cannot reasonably be completed
within ninety (90) days because of the scope and complexity of the work.
(5) If the commission allows the owner, lienholder, mortgagee, manager, or occupant
more than ninety (90) days to complete any part of the work required to repair,
remove, or demolish the building, the commission shall require the owner,
lienholder, mortgagee, manager, or occupant to regularly submit progress reports
to the commission to demonstrate that the owner, lienholder, mortgagee, manager,
or occupant complied with the time schedules established by the commission for
commencement and performance of the work. The order may require that the
Page 31
owner, lienholder, mortgagee, manager, or occupant appear before the
commission to demonstrate compliance with the schedules. If the owner,
lienholder, or mortgagee owns property, including structures or improvements on
the property, within the city boundaries that exceeds one hundred thousand dollars
($100,000.00) in total value, the commission may require the owner, lienholder, or
mortgagee to post a cash or surety bond in an amount adequate to cover the cost of
repairing, removing, or demolishing a building. In lieu of a bond, the commission
may require the owner, lienholder, or mortgagee to provide a letter of credit from
a financial institution or a guaranty from a third party approved by the
commission. The bond must be posted, or the letter of credit, or third party
guaranty provided, not later that the thirtieth day after the date the commission
issues the order.
Sec. 6-92. Civil penalties, notices, assessments, and liens.
(a) Civil penalties may be assessed by the commission in amounts not to exceed one
thousand dollars ($1,000.00) per day for each day a property owner is in noncompliance with an
order of the commission, if the city proves:
(1) The property owner was notified of the requirements of this chapter and the
owner's need to comply with the requirements; and
(2) After notification, the property owner committed an act in violation of the article
or failed to take an action necessary for compliance with the chapter.
(b) A detennination of civil penalties made by the building and standards commission is final
and binding and constitutes prima facie evidence of the penalty in any court of competent
jurisdiction in a civil suit brought by the city for final judgment in accordance with the
established penalty.
(c) Civil penalties and expenses assessed herein shall constitute a personal liability of the
property owner and a lien against the property.
(d) All civil penalties and assessments for expenses to repair a building accrue interest at the
rate of ten percent (10%) per annum.
(e) A property owner against whom a civil penalty is assessed or expenses are assessed shall
be given notice of such order pursuant to section 6-93 herein.
(f) Promptly after the imposition of a lien for the assessment of a civil penalty or expenses,
the building official shall cause a written notice of such imposition of lien in the office of the
Denton County Clerk.
(g) A certified copy of an order establishing the amount and duration of a civil penalty must
also be filed with the district clerk. No other proof is required for a district court to enter final
judgment of the penalty.
Page 32
(h) An abstract of judgment shall be issued against all parties found to be the owners of the
subject property or in possession of that property.
(i) A lienholder does not have standing to bring a proceeding for judicial review on the
ground that the lienholder was not notified of the proceedings before the commission panel or
was unaware of the condition of the property, unless the lienholder had first appeared before the
commission panel and entered an appearance in opposition to the proceedings.
0) The penalties provided for in this section are in addition to any other penalties or
enforcement remedies that the city may have under any applicable laws.
Sec. 6-93. Action by city after building and standards commission issues order.
(a) Within ten (10) days after the date a building and standards commission order is issued,
the city shall:
(1) File a copy of the order in the office of the city secretary; and
(2) Publish in a newspaper of general circulation in the city a notice containing:
(A) The street address or legal description of the property;
O B The date of the hearing;
(C) A brief statement indicating the results of the order; and
(D) Instructions state where a complete copy of the order may be obtained.
(b) The city shall promptly mail by certified mail with return receipt requested, deliver by the
United States Postal Service using signature confirmation service, or personally deliver a copy of
the order to the owner of the building and to any lienholder or mortgagee of the building. The
city shall use its best efforts to determine the identity and address of any owner, lienholder, or
mortgagee of the building.
(c) The city satisfies the requirements of this section to make a diligent effort, to use its best
efforts, or to make a reasonable effort to determine the identity and address of an owner, a
lienholder, or a mortgagee if the city searches the following records:
(1) Denton County Official Public Records of Real Property;
(2) Denton County Appraisal District records;
(3) Records of the secretary of state;
(4) Denton County assumed name records;
(5) Tax records of the city; and
Page 33
(6) Utility records of the city.
(d) Upon a finding by the commission that a building is dangerously damaged or
deteriorated, or is likely to endanger persons or property, the city may place a placard on all
dwelling units which the commission has determined to be dangerously damaged or deteriorated,
or likely to endanger persons or property, with the following language: "Warning! This Structure
has been found to be dangerously damaged or deteriorated or likely to endanger Persons or
property. The Building/Unit is to be vacated immediately. This notice is to remain on this
Building until it is repaired or demolished in compliance with the order of the Building and
Standards Commission. It is unlawful to remove this Placard."
Sec. 6-94. Action by city on noncompliance with order of the building and standards
commission.
(a) If an owner does not take the action ordered by the commission within the allotted time,
the city shall make a diligent effort to discover each mortgagee and lienholder having an interest
in the building or property on which the building is located. The city shall personally deliver,
send by certified mail with return receipt requested, or deliver by the United States Postal
Service using signature confirmation service, to each identified mortgagee and lienholder a
notice containing:
(1) An identification, which is not required to be a legal description, of the building
and the property on which it is located;
(2) A description of the violation that is present at the building; and
(3) A statement that the city will vacate, secure, remove, or demolish the building or
relocate the occupants of the building if the ordered action is not taken within a
reasonable time.
(b) As an alternative to subsection (a):
(1) The city may make a diligent effort to discover each mortgagee and lienholder
before conducting the commission's public hearing and may give them a notice of
and an opportunity to comment at the hearing.
(2) In addition, the city may file notice of the hearing in the official public records of
real property in Denton County.
(A) The notice must contain the name and address of the owner of the affected
property if that information can be determined, a legal description of the
affected property, and a description of the hearing.
(B) The filing of the notice is binding on subsequent grantees, lienholders, or
other transferees of an interest in the property who acquire such interest
after the filing of the notice, and constitutes notice of the hearing on any
Page 34
i
subsequent recipient of any interest in the property who acquires such
interest after the filing of the notice.
(3) If the city operates under this subsection, the order issued by the commission may
specify a reasonable time as provided by the time limits described in section 6-91
herein for the building to be vacated, secured, repaired, removed, or demolished
by the owner or for the occupants to be relocated by the owner and an additional
reasonable time as provided by section 6-91 for the ordered action to be taken by
any of the mortgagees or lienholders in the event the owner fails to comply with
the order within the time provided for action by the owner.
(4) Under this subsection, the city is not required to furnish any notice to a mortgagee
or lienholder other than a copy of the order in the event the owner fails to timely
take the ordered action.
(c) If a building is not vacated, secured, repaired, removed, or demolished, or the occupants
are not relocated within the allotted time, the city may:
(1) Vacate, secure, remove, or demolish the building, or relocate the occupants at its
own expense and then collect on a bond or other financial guaranty that may be
required in this chapter;
(2) If the building is a residential building with ten (10) or fewer dwelling units, repair
the building to the extent necessary to bring the building into compliance with the
minimum standards; and
(3) Withdraw the owner's certificate of occupancy and cancel the license authorized
by this chapter for those units or structures in violation.
(d) If the city incurs expenses under this section, the city may assess the expenses on, and the
city has a lien against, unless it is a homestead as protected by the Texas Constitution, the
property on which the building was located. The lien is extinguished if the property owner or
another person having an interest in the legal title to the property reimburses the city for the
expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded
and indexed in the office of the Denton County Clerk. The notice must contain the name and
address of the owner if that information can be determined with a reasonable effort, a legal
description of the real property on which the building was located, the amount of expenses
incurred by the city, and the balance due.
(e) If the notice is given and the opportunity to relocate the residents of the building, or to
repair, remove, or demolish the building, is afforded to each mortgagee and lienholder as
authorized herein, the lien is a privileged lien subordinate only to tax liens.
(f) In any judicial proceeding regarding enforcement of the city's rights under Section
214.0015 of the Texas Local Government Code and this article, the prevailing party is entitled to
recover reasonable attorney's fees from the nonprevailing party.
Page 35
Sec. 6-95. Refused or unclaimed notice.
When the city mails a notice in accordance with this article to a property owner, lienholder, or
mortgagee, or registered agent, and the United States Postal Service returns the notice as
"refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered
delivered.
Sec. 6-96. Judicial review of a building and standards commission order.
(a) Any owner, lienholder, or mortgagee of record, jointly or severally aggrieved by an order
of the commission, may file in Denton County district court a verified petition setting forth that
the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The
petition must be filed with the court within thirty (30) calendar days after the respective dates a
copy of the order of the commission is personally delivered, mailed by first class mail, certified
return receipt requested, or delivered to them by the United States Postal Service using signature
confirmation service, to all persons to whom notice is required to be sent under Section 54.035 of
the Texas Local Government Code. Notice of the order shall be pursuant to section 6-93 herein.
If a petition is not filed within the thirty-calendar-day period by an owner, lienholder, or
mortgagee, the order of the commission shall become final as to that owner, lienholder, or
mortgagee upon the expiration of such thirty-calendar-day period.
(b) On filing of the petition, the district court may issue a writ of certiorari directed to the
commission to review the decision and order of the commission and shall prescribe in the writ
the time within which a return on the writ must be made, which must be longer than ten (10)
days and served on the relator or the relator's attorney.
(c) The commission may not be required to return the original papers acted on by it, but it is
sufficient for the commission to return certified or sworn copies of the papers or of parts of the
papers as may be called for by the writ.
(d) The return must concisely set forth other facts as may be pertinent and material to show
the grounds of the decision appealed from and shall be verified.
(e) The allowance of the writ does not stay proceedings on the commission decision
appealed from.
(f) The district court's review of the order of the commission shall be in accordance with
Sections 214.0012 and 54.039, Texas Local Government Code.
Sec. 6-97. Municipal court enforcement.
Proceedings by the building and standards commission do not affect proceedings under the
jurisdiction of the municipal court.
Sec. 6-98. Establishment of neighborhood enhancement program.
(a) In order to promote economic development within the city, and subject to annual funding
by the city council, there is hereby established a neighborhood enhancement program for the
assistance with the redevelopment of residential properties within the city.
Page 36
(b) The neighborhood enhancement program may be amended from time to time by
resolution of the city council.
Sees. 6-99-6-100. Reserved.
Article IV. Rental Registration and Inspection
See. 6-101. 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
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.
See. 6-102. Definitions.
As used in this article, the following terms shall have the following meanings, unless the context
clearly indicates that a different meaning is intended:
Boardinghouse, roorning 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 same family.
Donnitor~) shall mean a space in a building where sleeping accommodations are provided for
more than one person not members of the 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.
High-risk items shall mean unsafe or unsanitary plumbing, electrical hazards, unsanitary
conditions, missing or inoperable smoke detectors, structural hazards, inadequate heat (as
required by the International Building Code), improperly secured premise, inadequate exits.
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.
Page 37
Person shall mean any natural individual, firm, partnership, association, joint 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.
Single-family dwelling, attached shall mean a building located on a separately platted lot with
use and occupancy identical to other single-family dwellings except without the required yard
setbacks in front, side or rear. This is a structure that has one or more walls extending from
ground to roof separating it from adjoining structures and sometimes referred to as townhouses.
Single family dwelling, detached shall mean a building designed for one family in a single
dwelling unit. This shall include manufactured homes as defined herein.
Two family dwelling (duplex) shall mean a building containing two dwelling units.
See. 6-103. 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 of the 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.
Page 38
(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 January 2, 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
article 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.
Sec. 6-104. 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 article, the minimum housing and building standards code, and all other applicable
laws.
(b) The provisions of this 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 article, the provisions of this article shall be applicable to the residential
and common or public areas of such building and premises.
Sec. 6-105. Frequency of inspections.
(a) All rental dwellings subject to this article shall be inspected at least once every two years
or upon change of occupancy, except as provided herein.
(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 years from the date of said certificate or final inspection, respectively, unless a
Page 39
complaint is made thereof. Thereafter said areas and units shall be inspected in accordance with
the requirements of this section.
c Ins section of multifczinah . Ten percent of the entire complex will be inspected each year.
Of these five percent will be occupied units and five percent will be vacant units. As a result of
such inspection, a list of all violations found in each unit, if any, shall be maintained by the
inspection department. For each additional unit that fails due to a high risk item, one additional
unit will be inspected. Any reinspection shall require an additional fee as established by
resolution of the city council. High risk reinspections shall be conducted within three business
days.
Sec. 6-106. Certificate of occupancy required.
No person shall rent, let or let for occupancy any dwelling subject to this article without having a
valid, current certificate of occupancy for that dwelling.
Sec. 6-107. 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 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 90 days.
Sec. 6-108. Request for inspection.
The owner of any dwelling subject to this article may request inspections of said dwelling at any
time.
Sec. 6-109. Certificate expiration date.
(a) The certificates of occupancy issued pursuant to this article shall expire two years from
the date of the biennial inspection.
(b) The certificate of occupancy shall have the expiration date prominently displayed on its
face.
Sec. 6-110. Certificate transferability.
A certificate of occupancy issued pursuant to this article shall be transferable to succeeding
owners; provided, that within five 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
Page 40
of the succeeding owners. The failure to provide such notice may result in the suspension or
revocation of the certificate of occupancy.
Sec. 6-111. 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. 6-112. 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 article 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 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 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. 6-113. 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.
See. 6-114. 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 article.
See. 6-115. Fees.
A fee schedule as established by resolution of the city shall be charged for compliance with this
article.
Sec. 6-116. Nuisance, injunction.
Any violation of this article is hereby declared to be a nuisance. In addition to any other relief
provided by this article, the city attorney may apply to a court of competent jurisdiction for an
injunction to prohibit the continuation of any violation of this article. Such application for relief
may include seeking a temporary restraining order, temporary injunction and permanent
injunction.
Sec. 6-117. Other actions, prosecution, court cases.
Nothing in this article 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
Page 41
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 article.
Sec. 6-118--6-120. Reserved.
Article V. Construction of Public Works
Sec. 6-121. Engineering design manual adopted.
The engineering design manual, dated May 2007, is hereby adopted by reference. A complete
copy of the manual being marked and designated as the engineering design manual, dated May
2007, shall be kept on file in the office of the city secretary. Unless deleted, amended, expanded
or otherwise changed herein, all provisions of such manual shall be fully applicable and binding.
Sec. 6-122. Enforcement.
The enforcement of the engineering design manual and the standard construction details shall be
by the city manager or through any person whom the city manager may designate, provided that
such person is employed by the city.
Sec. 6-123. Public works inspection fees.
(a) For the development of any subdivision, the developer shall pay an inspection fee of
three percent of the total contract amount of the work involving the installation or improvement
of any of the following items intended for dedication to the city, located on city-owned property,
and/or within a public easement: Streets, alleyways, water, sanitary sewer lines, drainage or
storm sewer systems, non-single-family sidewalks and driveways, screening and/or retaining
wall, and/or fences. One hundred percent (100%) of the fees must be paid at time of the pre-
construction meeting. Contractor/developers must provide the city copies of contracts for all
infrastructure, these copies must include total linear feet of water lines, sanitary sewer lines, and
total miles of streets, alleys, and sidewalks.
(b) An additional fee as established by resolution of the city council shall be assessed for any
inspection scheduled after regular city business hours (Monday through Friday from 8:00 a.m. to
5:00 p.m.), or on holidays. After-hour and holiday inspection requests must be scheduled at least
24 hours in advance, and the fee paid at the time of the inspection request.
See. 6-124. Variance.
The planning and zoning commission may consider a request for a variance from the engineering
design manual and standard construction details of the city and forward a recommendation to the
city council for its review. The decision of the city council on a request for a variance shall be
final. In considering a variance request the planning and zoning commission and the city council
shall consider whether or not the evidence presented in each specific case is sufficient to show
that:
(a) The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property;
Page 42
(b) The conditions upon which the request for a variance is based are unique to the property
for which the variance is sought and are not applicable generally to other property;
(c) Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict compliance with the engineering design manual and standard
construction details is required;
(d) The special or peculiar conditions upon which the request is based did not result from or
were not created by the act or omission of the owner or any prior owner, subsequent to the date
of creation of the requirement from which the variance is sought.
(e) Fees: Applicants requesting a variance from the engineering design manual and standard
construction details shall file an application with the planning department. Fees charged shall be
in accordance with a schedule of fees as adopted by the city council and amended from time to
time.
Sec. 6-125--6-130. Reserved.
Article VI. Food and Food Establishments
Sec. 6-131. Texas Food Establishment Rules adopted.
(a) The intent and purpose of this article is to provide for the inspecting of food service
establishments in the city; to require the display of an inspection score card in such food service
establishments; to require employed food service employees to maintain a valid food handler
card; and to provide for the issuing, suspending or revoking of food establishment permits for the
handling of food in such establishments. The enforcement of this article and the fixing of
penalties shall be regulated in accordance with this chapter and the terins of the unabridged form
of the Texas Food Establishment Rules.
(b) The provisions of the current rules or rules as amended by the Texas Department of State
Health Services known as the Texas Food Establishment Rules found in 25 Texas Administrative
Code, chapter 229, sections 161 through 171 and 173 through 175 are herein adopted together
with the additions, deletions, and amendments hereinafter contained, as part of article VI, Food
and Food Establishments, of "Building, Construction, Health & Sanitation" chapter of the Code
of Ordinances for the city.
(c) In the event of a conflict between any provision of the Texas Food Establishment Rules
and any provision of this article, this article shall prevail.
(d) The adopting by reference of the Texas Food Establishment Rules, as provided in
subsection (b) above, is made subject to and is modified and amended as follows:
(1) The words "regulatory authority" in said rules shall mean the City of The Colony;
and
Page 43
(2) The sentence: "A sign shall be prominently displayed in view of each rest room
lavatory used by food service employees that states: 'Employees must thoroughly
wash hands before returning to work after using the rest room' " shall be added to
229.163(C) as item (13).
(3) After February 6, 2006, the sentence in 229.163(b) shall be amended to "The
person in charge shall demonstrate this knowledge by compliance with these
rules, by being a Registered Food Service Manager who has shown proficiency of
required information through passing a test that is part of a Food Protection
Management Program accredited by the Texas Department of Health according to
25 Texas Administrative Code Section 229.172, and by responding correctly to
the inspector's questions as they relate to the specific food operation."
(4) The permit holder of every food establishment shall ensure that at least one
person in charge at each location, who is responsible for supervising food
preparation and service, has a valid food protection management training
certificate issued by the Texas Department of Health as proof of successful
completion of a Texas Department of Health accredited food protection
management training program as defined in 25 Texas Administrative Code
229.172.
(5) The permit holder shall make food protection manager certificates available for
immediate inspection upon request by the regulatory authority.
(6) The permit holder of a new food establishment, an existing food establishment
that has changed ownership, or a food establishment whose registered food
service manager has transferred or resigned shall have thirty (30) days to comply
with the requirements of this section.
(7) The permit holder of an existing food establishment shall notify the health
inspector within forty-eight (48) hours of the termination or transfer of a
registered food service manager. The permit holder shall have thirty (30) days
from the effective date of the termination or transfer to comply with the
requirements of this section.
(8) A permit holder is in compliance with the provisions of this section if there is one
registered food service manager employed in a supervisory capacity for several
food establishments located in the same building and under the same ownership
and management.
Sec. 6-132. Definitions.
The following words and terms, in conjunction with those listed in the Texas Food Establishment
Rules, when used in this article shall have the following meanings unless the context clearly
indicates otherwise and shall apply in the interpretation and enforcement of this article:
Authorized agent or employee means the City of The Colony.
Page 44
Enforcement officer shall mean the director of development services health division and his or
her duly authorized health inspector.
Food means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or
intended for use or sale, in whole or in part, for human consumption.
Food-borne illness means an incident in which two or more persons experience a similar illness,
usually gastrointestinal in nature, after ingestion of a common food, and epidemiological analysis
implicates the food as the source of the illness.
Food establishment permit (aka health permit) shall mean the annual permit required for a food
service establishment to operate in accordance with city regulations.
Food manager means an individual who conducts, manages, or operates a food establishment.
Food service employee means an individual employed with a food service establishment whose
work involves unpackaged food, food equipment or utensils, or food-contact surfaces.
Food service establishment shall mean an operation that stores, prepares, packages, serves, or
otherwise provides food for retail human consumption such as: a retail food store; a temporary
food service establishment; a mobile food unit and/or roadside food vendor; a catering operation,
if the operation provides food directly to a consumer; a food bank; or other establishment that
relinquishes possession of food to a consumer directly or indirectly through a delivery service
such as home delivery of grocery orders or restaurant takeout or delivery service. The term does
not include an establishment that offers only prepackaged foods that are not potentially
hazardous; a produce stand that only offers whole, uncut fresh fruits and vegetables; a food
processing plant; or a kitchen in a private home used to create income or revenue.
Grading means the letter grade issued by the health inspector at the conclusion of the routine
inspection and/or reinspection of a food service establishment. The grade shall be based upon the
scoring method set forth in the Texas Food Establishment Rules and shall reflect the food service
establishment's degree of compliance with all applicable federal, state, and local statutes, orders,
ordinances, quarantines, rules, regulations, or directives relating to the public health.
Law includes federal, state and local statutes, ordinances and regulations.
Letter grade card means a card that must be posted by the health inspector at a food service
establishment upon completion of a routine inspection and/or reinspection that indicates the letter
grade of the establishment as determined by the health inspector using the scoring method set
forth in the Texas Food Establishment Rules. For the purposes of this provision, a food service
establishment shall include a food service establishment operating in conjunction with a food-
processing establishment.
Mobile food service establishment means a vehicle mounted food service establishment designed
to be readily moveable.
Page 45
Official inspection report means the written notice prepared and issued by the health inspector
after conducting a routine inspection and/or reinspection of a food service establishment to
determine compliance with all applicable federal, state, and local statutes, orders, ordinances,
quarantines, rules, regulations, or directives relating to the public health.
Potentially hazardous food means food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting the rapid and progressive growth of
infectious or toxigenic microorganisms; the growth and toxin production of Clostridium
botulinum; or in raw shell eggs, the growth of salmonella enteritidis.
Registered food service manager (aka RFSM) means a supervisor of a food service establishment
that has obtained a CFM (certified food manager) certification through the Texas Department of
State Health Services and is registered with the city.
Teinporary food establishment means a food service establishment that operates for a period of
no more than 14 consecutive days in conjunction with a single event or celebration.
Sec. 6-133. Health authority--Powers.
(a) The city manager or designee is hereby authorized to issue peilmits to any person or firm
making application for a food establishment permit, mobile food establishment, temporary food
establishment permit or a food handler card in the city; provided that only a person or firm that
complies with the requirements of this ordinance shall be entitled to receive and retain such.
(b) The city manager or designee hereby has the power and authority to issue a notice or
citation to anyone in violation of any provision of this article, without warning.
(c) The city manager or designee hereby has the power and authority to cause the temporary
closing of an establishment to protect the health of the community.
See. 6-134. Catastrophe.
In the event of any imminent health hazard, the owner or operator of a food service
establishment must immediately notify the health authority. It will be required that the food
establishment cease operations. It shall not resume operations until such time as a reinspection
determines that conditions responsible for the requirement to cease operations no longer exists.
Sec. 6-135. Health authority--administrative process.
A notice as required in this article is properly served when it is delivered to the holder of the
permit or the person in charge, or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the holder of the permit. A copy of the notice shall be
filed in the records of the city.
See. 6-136. Permits--required.
(a) No person or firm shall operate a food establishment, temporary food establishment, or
mobile food establishment in the city without a valid permit issued by the administrator or his
designee.
Page 46
(b) In cases where a person or firm conducts, in a single building or at the same address,
more than one operation, vocation or business, whether such operation, vocation or business
constitutes a food establishment or temporary food establishment, then a separate permit shall be
required for each such operation, vocation or business.
(c) A permit lapses if the food establishment operating under the permit:
(1) Ceases its operation for 60 days; or
(2) Fails to pay the annual inspection fee on or before the due date.
See. 6-137. Perinits--application.
(a) Application for such permit as required of this article shall be made in writing to the
health inspector or his designee upon forms prescribed and furnished by the city health division.
Incomplete applications will not be accepted.
(b) A food establishment permit and plan review fees shall be due for each food
establishment that requires plans to be submitted according to this chapter. Prior to the approval
of new or renewal permits, the health inspector shall inspect the food service establishment to
determine compliance with state and local laws.
(c) A food establishment permit application fee shall be due for each food establishment that
requires a new food establishment permit due to change of ownership, change in type of
operation, or revocation, and a new application shall be made for a permit as required of this
article. Whenever a new food establishment permit is required, the regulatory authority shall
inspect the food establishment prior to beginning operation to determine compliance with
requirements of this article.
(d) Failure to provide all required information, or falsifying information required on the
application, may result in denial or revocation of the permit.
Sec. 6-138. Permits--review and approval of plans.
(a) Whenever a food service establishment is constructed or extensively remodeled and
whenever an existing structure is converted to use as a food service establishment, engineered,
prepared plans and specifications for such construction, remodeling or conversion shall be
submitted for review prior to beginning construction. Extensive remodeling means that twenty
percent (20%) or greater of area of the food service establishment is to be remodeled. The plans
and specifications shall indicate the proposed layout, equipment arrangement, mechanical and
construction of materials, and the type and model of proposed fixed equipment and facilities in
accordance with this article. The construction, remodeling or conversion shall conform to the
approved plans and specifications.
(b) Failure to follow the approved plans and specifications will result in a permit denial,
suspension, or revocation.
Page 47
(c) The provisions of this article regarding food service establishment construction or
remodeling are in addition to other applicable building and licensing ordinances.
(d) Whenever plans and specifications are required to be submitted to the regulatory
authority, the regulatory authority shall inspect the food establishment prior to its beginning
operation to determine compliance with the approved plans and specifications and with the
requirement of these rules. The food establishment guidelines are a reference for examples of
approved materials for finishes in extensively remodeled or new food service facilities.
(e) Regardless of prior existing conditions of the equipment and the facility, upon change of
ownership of a business, the new business owner shall be required to meet current food
establishment standards as defined in this code and state law before a permit will be issued by
the Health department.
Sec. 6-139. Permits--duration.
(a) Any food establishment permit or mobile food permit granted under the provision of
section 6-136 shall remain in full force through December 31st of the applicable calendar year of
issuance as long as the annual food service establishment permit fee is paid unless denied, or
suspended or revoked for cause. A food establishment permit that lapses for nonpayment will be
reinstated upon payment of the permit fee and a reinstatement fee in accordance with the applied
fees schedule, except that pennits lapsed for more than 60 days may not be reinstated and must
obtain new permits and comply with current regulations for new businesses. It will be the
responsibility of the food service establishment owner and/or manager to ensure a valid permit
exists at all times.
(b) An exception to section 6-136(a) above is that a temporary food establishment permit
shall remain in full force and effect for a period of time not more than fourteen (14) consecutive
days in conjunction with a single event or celebration from date of issuance unless sooner
suspended or revoked for cause.
Sec. 6-140. Permits--limited operation of mobile food establishment.
Only food items previously approved by the regulatory authority may be sold on a mobile food
unit. Nonfood items such as toys, fireworks, or any hazardous substances such as stink bombs
are prohibited.
See. 6-141. Permits--nontransferable.
Every permit issued under the provisions of this article shall be nontransferable and any fee
associated therewith nonrefundable. A food establishment or temporary food establishment
permit shall permit the operation of the establishment only at the location, for the type of food
service, and the permit holder for which granted.
Sec. 6-142. Permits--suspension, denial or revocation.
(a) The administrator or his designee may, without prior notice or hearing, suspend, deny or
revoke any permit granted under this article of this article to operate a food establishment,
mobile food establishment, or temporary food establishment if the permit holder or person in
charge does not comply with the requirements of this article, or if the operation of the food
Page 48
establishment otherwise constitutes a substantial hazard to public health. The city may suspend,
deny and revoke a permit upon service of the notice. When a permit is suspended or revoked, a
cease and desist order shall be issued and food service operations shall immediately cease.
(b) An establishment may appeal such orders issued under this section to the city manager or
designee. The city manager or designee shall hold a hearing as soon as practical to determine
whether such cease and desist order shall continue into effect. The regulatory authority may end
the suspension or revocation at any time if reasons for such no longer exist.
(c) Whenever a food establishment, mobile food establishment, or temporary food
establishment is required under the provisions of this section to cease operations, it shall not
resume operations until such time as a reinspection determines that conditions responsible for the
requirement to cease operations no longer exist or an appeal before the city manager or designee
is held. Opportunity for reinspection shall be offered no later than two business days. During the
time a food establishment, mobile food establishment, or temporary food establishment is
required to cease operations, a sign shall be posted on the outside of the establishment, clearly
visible to a reasonably observant person, which shall state "Closed By The Colony Health
Department."
Sec. 6-143. Examination and condemnation of food.
(a) Food may be examined or sampled by the regulatory authority as often as necessary for
the enforcement of these rules. The regulatory authority may, upon written notice to the owner or
person in charge specifying with particularity the reasons therefor, place a hold order on any
food which it believes is in violation. The regulatory authority shall tag, label, or otherwise
identify any food subject to the hold order. No food subject to the hold order shall be used,
served, or moved from the establishment. The regulatory authority shall peririt storage of the
food under the conditions specified in the hold order, unless storage is not possible without risk
to the public health, in which case immediate destruction shall be ordered and accomplished.
(b) A hold order shall state that a request for hearing may be filed within ten days after
issuance thereof and that if no hearing is requested the food shall be destroyed. On the basis of
evidence produced at the hearing, the hold order may be vacated, or the owner or person in
charge of the food may be directed by written order to denature or destroy such food or to bring
it into compliance with the provisions of these rules.
Sec. 6-144. Inspections--Grading.
All food establishments shall be inspected and graded uniformly using an official inspection
form, as provided by the Texas Department of State Health Services. The grade of each food
establishment shall be determined by the health inspector using the scoring method provided on
the inspection form. The grade of each food establishment shall be evidenced by the posting of a
grade card bearing the letter, "A", "B" or "C." Establishments scoring below seventy percent
(70%) will be closed until such time that a reinspection is made and all corrective action on all
identified critical violations is complete. Corrective action on all other violations must be
initiated within 48 hours. The establishment shall remain closed until reopened by the health
authority.
Page 49
(1) The letter "A" shall indicate a score of 90 percent or higher, and indicates that the food
service establishment passed the inspection by meeting or exceeding those minimum
health standards as set forth by the Texas Food Establishment Rules as herein adopted
together with the additions, deletions, and amendments hereinafter contained, as part of
article VI Building, Construction, Health & Sanitation chapter of the Code of Ordinances
for the city and interpreted by the health inspector. Grade "A" cards shall be of a color
designated only for grade "A" cards.
(2) The letter "B" shall indicate a score of less than 90 percent, but not less than 80 percent,
and indicates that the food establishment has passed the inspection and meets the
minimum health standards. Grade "B" cards shall be of a color designated only for grade
"B" cards.
(3) The letter "C" shall indicate a score of less than 80 percent, but not less than 70 percent,
and indicates that the food establishment meets the minimum health standards and
conditions but is at risk of potentially being a threat to public health and safety. Grade
"C" cards shall be of a color designated only for grade "C" cards.
(4) Denial of access to the health authority shall be cause for suspension or revocation of the
food service permit.
Sec. 6-145. Inspections--Posting of grade cards.
(a) The Grade card shall be provided by the health department and shall be eight and one-
half inches (8.5") by eleven inches (11") in size. The grade letter shall not be more than five
inches in height.
(b) The grade card shall be posted in a conspicuous place, so as to be clearly visible to the
general public and to patrons entering the establishment. "Clearly visible to the general public
and to patrons shall mean:
(1) Posted in the front window of the establishment within five feet (5') of every
public entrance;
(2) Posted in the drive-thru window of all establishments that offer drive-thru service;
(3) Posted in a display case mounted on the outside front wall of the establishment
within five feet of the fi•ont door; or
(4) Posted in a location as directed and determined at the discretion of the health
inspector to ensure proper notice to the general public and to patrons.
(5) In the event that a food service establishment is operated in the same building or
space as a separately licensed or permitted business, or in the event that a food
service establishment shares a common patron entrance with such a separately
licensed or permitted business, or in the event of both, the health inspector shall
Page 50
post the letter grade card in the initial patron contact area, or in a location as
determined in the discretion of the health inspector.
(c) The grade card shall not be altered, defaced, marred, camouflaged, hidden or removed. It
shall be unlawful to operate a food service establishment unless the letter grade card is in place
as set forth herein. Removal or alteration of the letter grade card is a violation of this article and
may result in the suspension or revocation of the food establishment permit. In the event the
grade card is stolen, it is the responsibility of the owner and/or manager to notify the health
department for a replacement card.
(d) In the event the food service establishment is closed by the health inspector, the grade
card shall be removed from view and replaced with a sign, provided by the inspector, advising
the public of the closure. The sign must remain visible until such time the health inspector allows
the reopening to occur.
Sec. 6-146. Inspections--Frequency/priority.
(a) The health department shall inspect each food establishment at least three (3) times
annually and shall be prioritized based upon assessment of a food establishment's compliance
and potential of causing food-borne illness according to section 229.171(h) of the Texas Food
Establishment Rules.
(b) The administrator or his designee shall classify food establishments as high priority,
medium priority, or low priority, according to the type of operations, particular foods that are
prepared, numbers of people served, susceptibility of the population served, and any other risk
factor deemed relevant to the operation.
(c) Additional inspections of the food establishment shall be performed as often as necessary
for the enforcement of this article and a reinspection fee may be charged.
(d) Whenever necessary to make an inspection to enforce any of the provisions of this article,
or whenever the administrator or his designee has reasonable cause to believe that there exists in
any building or upon any premises any condition or violation of this article, the administrator or
his designee may enter such building or premises at all reasonable times to inspect the same or to
perform any duty imposed upon the administrator or his designee by this article. If such building
or premises is occupied, he shall first present proper credentials and request entry. If such
building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or premises and request entry. If such
entry is refused or if no owner or other person having charge or control of the building or
premises can be located, the administrator or his designee shall have recourse to every remedy
provided by law to secure entry.
(e) A signed copy of the official inspection form shall be delivered to the owner, operator, or
person in charge of the food establishment or food facility who shall sign in receipt thereof.
(f) Refusal to sign acknowledgement: The Health Authority shall infonn a person who
declines to sign acknowledgement of receipt of inspectional findings that:
Page 51
(1) An acknowledgement of receipt is not an agreement with findings;
(2) Refusal to sign an acknowledgement of receipt will not affect the permit holder's
obligation to correct the violations noted in the inspection report within the time
frame specified; and
(3) A refusal to sign an acknowledgment of receipt is noted in the inspection report
and conveyed to the Health Authority's historical record for the food
establishment.
(g) (1) Any food establishment that has received a grade of 89 or less (B or C) shall
receive a reinspection within fifteen (15) working days of the initial inspection, or
as otherwise arranged with the facility operator, to assure that the violations have
been corrected. The letter grade shall remain posted at the food establishment,
indicating to the public that the particular food establishment's most recent routine
inspection requires corrective measures.
(2) Additionally, a food establishment receiving a score of 89 or less may, within 15
working days of the initial inspection and upon payment of a facility initiated
reinspection fee, request the health department conduct a random reinspection of
their facility. A reinspection conducted under this subsection which results in a
different score shall have the reinspection grade posted in lieu of the original
inspection grade. The score and/or letter grade achieved as a result of the facility
initiated reinspection shall remain posted until the next routine health inspection.
A facility initiated reinspection under this subsection will only be permitted once
during the calendar year.
(h) If, after a reinspection of the food establishment or facility, critical items still exist, any or
all of the following legal actions may ensue:
(1) Administrative hearing offered for the suspension or revocation of the license;
(2) Issuance of a citation;
(3) Initiation of civil, criminal or other legal proceedings.
Sec. 6-147. Registered food service manager (RFSM)--Required.
The purpose of this section is to require the certification of supervisory personnel of food service
establishments; so that supervisory personnel shall have knowledge of safe techniques for
storage, preparation, display and service of foods, with the underlying purpose of preventing
food-borne illness and protecting the public health and so that supervisory personnel shall have
knowledge to train employees under their supervision regarding such purpose.
(a) Except as provided in this section, it shall be unlawful for any person owning, operating
or managing any food service establishment within the city to fail to employ and fail to
Page 52
keep on each shift in employment at least one registered food service manager (RFSM),
who is in a supervisory position at said establishment and who has a valid and current
certificate under this ordinance which satisfies the requirements of this section. An
RFSM must be an on-site employee of the pennitted establishment.
(b) The establishment shall require additional RFSMs to be present on the premises during
operations (minimum one per shift) to ensure that all food preparation and service are
performed under the direction of certified supervisory personnel. It shall be unlawful for
any person owning, operating, or managing a food service establishment to cause, permit,
suffer or allow such establishment to be operated with less than the required number of
operators.
(c) Whenever the RFSM holding the certificate terminates employment, is terminated, or
transfers to another food service establishment, the person owning, operating or
managing the food service establishment shall be allowed 60 days from the date of
termination or transfer of the certificate holder to comply with this section or as
determined by the Health Authority.
See. 6-148. Same--Exempted.
(a) The following food establishments are exempt from the requirements of article:
(1) Establishments that handle only prepackaged food and do not prepare or package
food;
(2) Child-care facilities, licensed under and as defined by V.T.C.A., Human
Resources Code § 42.002;
(3) Establishments that do not prepare or handle exposed potentially hazardous foods;
or
(4) Nonprofit organizations as defined in 25 Texas Administrative Code section
229.371(9) (relating to permitting retail food establishments).
(b) The regulatory authority may waive or modify the requirements of this article for
temporary food service establishments, special facilities and/or events upon demonstration that
the public health and safety are protected.
Sec. 6-149. Same--Proof of knowledge.
(a) All certified RFSMs who register in the city must provide the regulatory authority with
documentation verifying their knowledge of safe food handling procedures and food-borne
illness prevention. Satisfactory documentation may consist of one of the following:
(1) A certificate from an accredited testing agency which certifies that the applicant
has achieved a passing score on an examination, which has been designed to
measure the understanding and application of safe food handling techniques and
practices.
Page 53
(2) A certificate from a training program which has been approved by the Texas
Department of State Health Services under the provisions of state law.
(3) The regulatory authority may require certified supervisory personnel to
successfully complete additional training as specified by the regulatory authority,
when:
(A) The employing food service establishment has repeated or persistent
violations of critical health code requirements and effective corrective
action has not been taken over a reasonable period of time, as determined
by the regulatory authority; or
(B) The employing food service establishment is suspected by the regulatory
authority as the source of food-borne illness.
(C) All costs associated with required additional training shall be the
responsibility of the food service establishment.
Sec. 6-150. Same--Certification; registered food service manager (RFSM).
(a) When the RFSM meets the requirements of this section, the regulatory authority shall
issue an RFSM certificate. This certificate shall expire at the end of two (2) years from date of
issue or the expiration of the state-issued CFM, whichever is sooner.
(b) All RFSMs shall renew their city certificates biannually in accordance with this section.
(c) Each RFSM shall display his certificate in a prominent location in the establishment or
carry it on his person when on duty, as directed by the regulatory authority.
(d) An RFSM certificate is not transferable from one person to another person.
(e) All RFSM's who are employed by food service establishments within the city shall
register with the inspections department.
(f) The holder of an RFSM certificate will be allowed 60 days from the effective date of this
article to comply with registration with the city inspections department.
Sec. 6-151. Same--Penalty.
Any person (or responsible party) who violates a provision of this article or any person who is
the holder of a food service operator's certificate who does not comply with the requirements of
this article, shall be deemed guilty of an offense and upon conviction of the municipal court of
the city, shall be subject to a fine not to exceed $500.00 for each offense, and each and every day
such violation continues shall constitute a separate offense.
Sec. 6-152. Same--Injunctive relief.
Page 54
In addition to and cumulative of all other penalties, the city shall have the right to seek injunctive
relief for any and all violations of this section.
Sec. 6-153. Food handler card--Required.
(a) Every food service employee shall, within thirty (30) days of the date of employment, be
the holder of a current valid food handler card, issued by the city health department.
(b) No person who owns, manages or otherwise controls any food service establishment shall
permit any food service employee to be employed therein who does not after thirty (30) days of
employment possess a current valid food handler card issued by the city health department.
Sec. 6-154. Same--Food handling school required.
In order to receive a food handler card, every person owning, employed by, or otherwise
connected with a food establishment whose work brings him into contact with food, utensils or
food service equipment shall be required to attend a State of Texas approved food handling class
before a food handler card will be issued. This requirement must be met upon expiration of the
card and upon application for a new card.
See. 6-155. Same--Exempted.
A food handler card is not required of persons who are not employed by the food service
establishments, such as school events, church events, etc.
Sec. 6-156. Same--Posting of food handler, food establishment, and temporary food
establishment permits.
Every permit holder or person in charge shall at all times have available on the premises for
inspection the food handler cards of its employees, and shall at all times display in public view
the food establishment permit, mobile food establishment permit, or temporary food
establishment permit.
Sec. 6-157. Suspension or revocation of food handler's card.
The administrator or his designee shall have the right to suspend or revoke a valid food handler
card at any time the holder of such card becomes affected with any disease in a communicable
form, becomes a carrier of any such disease or is suspected of being affected with or being a
carrier of any such disease as stated in Texas Food Establishment Rules, section 229.171(o)(2).
Such suspension or revocation shall remain in effect until such person is released from
restrictions or exclusions according to the Texas Health and Safety Code Section 438.033, and
the conditions stated in the Texas Food Establishment Rules, Section 229.171(o)(4).
Sec. 6-158. Service of notices.
A notice provided for in this article is properly served when it is delivered to the food handler or
person in charge, or when it is sent by registered or certified mail, return receipt requested, to the
last known address of the food handler of the card. A copy of the notice shall be filed in the
records of the administrator or his designee.
Sec. 6-159. Fees.
Page 55
The various requirements for permits, licenses, food handler cards certificates, and such
administrative function of this article shall require the payment of fees, submitted to The Colony
Health Department, in an amount approved by resolution of The Colony City Council. Fees are
not to be transferable or refundable.
Sec. 6-160. Responsibilities of the owner, manager, or person in charge.
The permit holder, owner, manager, or person in charge of a food service establishment shall
operate the facility in compliance with the provisions of this article and other applicable sections
of the Code of the City of The Colony and the Texas Food Establishment Rules shall respond
within the specified schedule of time when any deficiency or violation has been identified by the
administrator or his designee.
Sec. 6-161. Pests and pesticides.
Only individuals licensed by the Texas Structural Pest Control Board may apply pest control
products in a food establishment.
Sec. 6-162. Retention of certain records required.
The following records shall be retained on premises by food establishments and available for
inspection and copying by the health authority:
(1) Grease trap pumping trip tickets shall be retained for a period of three (3) years;
(2) When time used as a public health control measure or the establishment has been required
to establish a risk control plan, the documentation must be retained for a period of one (1)
year.
Sec. 6-163. Consumer advisory required.
(a) Except when otherwise specifically approved by the health authority, an animal food
such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is raw, undercooked, or not
otherwise processed to eliminate pathogens is offered in a ready-to-eat form as a deli, menu,
vended, or other item; or as a raw ingredient in another ready-to-eat food, the holder of the food
establishment permit shall inform consumers by brochures, deli case or menu advisories, label
statements, table tents, placards, or other effective written means of significantly increased risk
associated with certain especially vulnerable consumers eating such foods in raw or undercooked
form.
(b) The consumer advisory concerning shellfish must conform to the Texas Food
Establishment Rules adopted by section 6-131 of this Code.
(c) Professional insect and rodent control records shall be restrained for a period of one (1)
year.
Sec. 6-164. Procedure when infection is suspected.
When the environmental health department has reasonable cause to suspect possible disease
transmission by an employee of a local food establishment, it may secure a morbidity history of
Page 56
the suspected employee or make any other investigation as indicated and shall take appropriate
action. The environmental health department may require any or all of the following measures:
(1) The immediate exclusion of the employee from employment in local food establishments;
(2) The immediate closing of the local food establishment concerned until, in the opinion of
the environmental health department, no further danger of disease outbreak exits;
(3) Restriction of the employee's services to some area of the establishment where there
would be no danger- of transmitting disease;
(4) Adequate medical and laboratory examination of the employee and of other employees
and of his and their body discharges at owner's expense.
Sec. 6-165. Hand-washing lavatory and water temperature.
(a) A hand-washing lavatory must be equipped to provide water at a temperature of at least
38 degrees Celsius (100 degrees Fahrenheit) under pressure through a mixing valve or a
combination faucet within twenty (20) seconds.
(b) A self- closing, slow-closing, or metering faucet shall provide a flow of water for at least
fifteen (15) seconds without the need to reactivate the faucet.
(c) A hand sink shall be located within twenty -five (25) linear feet of each food preparation
and utensil washing areas.
Sec. 6-166. Physical Facilities.
(a) The food establishment criteria and guidelines is a reference for examples of approved
materials for finishes in new food service facilities, extensively remodeled facilities, or facilities
undergoing change of ownership.
(b) Only commercial quality equipment or utensils that meet or exceed National Sanitation
Foundation (NSF) standards or the equivalent will be approved.
(c) A grease interceptor/trap is to be located outside of the building and must be readily and
easily accessible for cleaning and inspection. The necessity and size of the grease interceptor/trap
to be installed in a food establishment shall be a minimum of 1,000 gallon or determined by the
Health Authority. All grease interceptors/traps must be cleaned/pumped by a licensed waste
hauler. The grease interceptor/trap must be pumped empty at a frequency of not less than twice a
year or as deemed necessary by the local Health Authority.
(d) Outdoor refuse containers must remain closed at all times when not in continuous use and
must be emptied by an approved commercial service at a frequency of at least three (3) days per
week. The frequency of garbage pick- up may be determined by the Health Authority if
necessary to maintain the premises of the food establishment free of litter, garbage, odor, rodents
and insects.
Page 57
(e) Outer openings must be protected. Openings to the outdoors must be protected against
the entry of insects and rodents by:
(1) Closed, tight-fitting windows and solid, self-closing, tight-fitting doors;
(2) Installation of air curtains at all rear doors used for the loading and unloading of
food products, doors that open to the outside directly off of food prep areas, ware
wash areas, or food storage areas, and at all drive thru windows.
(3) Installation of 16 mesh, 25.4mm (16 mesh to 1 inch) screens on window and
doors that are kept open for ventilation or other purposes.
(4) Properly sealed perimeter walls and roofs of the establishment.
Sec. 6-167. Miscellaneous Food Requirements.
For general operating requirements refer to the Food Establishment Criteria Manual.
Sec. 6-168. Seasonal snow cone establishments.
(a) Generally. Only snow cones and commercially prepackaged prepared foods may be offered
for sale at the food establishment. Snow cones and snow cone products shall be defined as crushed
or shaved ice served in single-use articles and topped with flavored syrups. All products must come
from an approved source. No potentially hazardous foods or flavorings shall be served at this type
of establishment.
(b) Permit required. It shall be unlawful for any seasonal snow cone establishment to operate
out of a temporary building without a valid health permit issued by the city.
(c) Food handler - required. Every snow cone establishment employee shall, within thirty (30)
days of the date of employment, be the holder of a valid food handler card issued by the city health
department.
(d) Ice. Ice shall be obtained in chipped, crushed, cubed or blocked form and in single-service
articles, filled and sealed at the point of manufacture from licensed approved manufacturers. The ice
shall be held in these bags until dispensed in a way that protects it fi•om contamination.
(e) Water supply.
(1) All equipment used for a potable water supply system shall be listed for that use by
an organization acceptable to the Health Authority, and shall be installed and operated
according to law.
(2) All potable water not provided directly by pipe to the establishment fi-om a water
source complying with all Texas Commission on Environmental Quality rules for a public
drinking water system shall be transported in a bulk water transport system or individual
containers and shall be delivered by direct connection to a closed water system by direct
Page 58
hose attachment from a water source complying with all Texas Commission on
Environmental Quality rules for a public drinking water system. All potable water
containers or hoses shall be used only for water supply purposes.
(3) A closed water system of sufficient capacity to furnish an adequate quantity (at least
fifteen (15) gallons) of potable water for cleaning and hand washing purposes shall be
provided at each snow cone establishment. If at any time the Health Authority detenllines
that fifteen (15) gallons is not adequate to meet the needs of the operation, the capacity must
be increased to a volume approved by the Health Authority.
(4) An instantaneous water heater system capable of producing water of 100 degrees
Fahrenheit interconnected with the potable water supply shall be provided.
(5) The water system shall be capable of delivering a water supply under pressure of at
least fifteen (15) pounds per square inch ("psi") at all times. If the water pressure cannot be
provided by gravity flow, then a tank and a pump or other means shall be installed that will
provide the minimum pressure specified.
(f) Liquid waste.
(1) Where snow cone establishments are not connected to a public sewerage system, all
liquid waste from the operation shall be held in an approved, permanently installed liquid
waste retention tank.
(2) The liquid waste retention tank shall have a capacity at least fifty percent (50%)
percent greater than the potable water tank.
(3) All waste lines shall be properly installed and connected to the liquid waste retention
tank with waterproof seals.
(4) The liquid waste discharge pipe from the liquid waste retention tank shall not be
located inside the building housing the snow cone establishment.
(5) There shall be separate size fittings required between water supply and liquid waste
connections.
(g) Disposal of wastewater.
(1) It shall be unlawful for any person to dispose of wastewater in a manner other than
as set forth in Chapter 12 of this Code or the most recently adopted International Plumbing
Code.
(2) Each snow cone establishment shall have liquid waste disposal facilities
conveniently located (within a 200-foot radius of the establishment facilities) and accessible
for use by establishment employees at all times.
Page 59
(3) Liquid waste disposal facilities must be accessible to snow cone establishment
employees during all hours of operation, including opening, setting up, and cleaning up after
closing to the public as well as during business hours of the establishment.
(h) Restrooms.
(1) Snow cone establishments shall have adequate toilet and lavatory facilities available
for use by all establishment employees within a 200-foot radius of the establishment facility.
(2) If liquid waste disposal facilities and toilet and lavatory facilities are located off-site,
a notarized letter signed by the owners/operators of the establishment where the facilities are
located, must be submitted with the permit application giving written permission for the
food establishment personnel to use such facilities and that the facilities will be available for
use at all times during the food establishment's hours of operation.
(i) Garbage containers. An easily cleanable, leak-proof, and covered trash container shall be
provided on the outside of the snow cone establishment facility.
0) Agreements for use of facilities. Any agreement for use of facilities required by this article
governing snow cone establishments and not included within the snow cone establishment
facility shall be notarized and submitted with the permit application. Any such agreement
shall contain written permission authorizing snow cone establishment facility employees to
use those facilities and shall state the authorized hours of use of such facilities by snow cone
establishment employees."
Sec. 6-169 - 6-170. Reserved.
Article VII. Public Swimming Pools and Spas
Sec. 6-171. Adoption of Texas standards for public pools and spas.
The city adopts by reference the provisions of the current rules or rules as amended by the Texas
Board of Health found in 25 Tex. Admin. Code ch. 265, 181--208, as amended, regarding the
regulation of public pools and spas in this jurisdiction.
See. 6-172. Definitions.
In addition to the rules adopted in this article by reference, the following definitions shall apply
in this article:
Authorized agent or employee means the employees of the City of The Colony.
Public pool means any manmade permanently installed or nonportable structure, basin, chamber,
or tank containing an artificial body of water, including the deck area, for swimming, diving, or
recreational bathing and having a depth of at least eighteen inches (18") at any point, other than a
single or double family (duplex) residential pool, which is operated by an owner, lessee,
operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may
be either publicly or privately owned. Pools may be diving or nondiving. If diving, they shall be
Page 60
further classified into types indicating the suitability for use with diving equipment. The term
does not include a decorative fountain which is not used as a wading or swimming pool.
References within the standard to various types of pools are further defined in accordance with
Texas Administrative Code.
Sec. 6-173. Permits and exemptions.
A person may not operate a public pool without a permit issued by the city health department.
Permits are not transferable from one person to another or from one location to another location,
except as otherwise permitted by this article. A valid perinit must be posted on site in public
view at every public pool regulated by this article. No permit for operation can be approved until
the building official has approved construction or remodeling of such pool as provided in this
article.
Sec. 6-174. Application for permit and fees.
(a) Any person desiring to operate a public pool must make a written application for a permit
on forms provided by the city. The application must contain the name and address of each
applicant, the location and type of the proposed pool and the applicable fee. An incomplete
application will not be accepted. Failure to provide all required information, or falsifying
information required, may result in denial or revocation of the permit. Renewal of pernits are
required on an annual basis, as determined by the City, and the same information is required for
a renewal permit as for an initial permit.
(b) Prior to the approval of an initial permit or the renewal of an existing permit, the city
health department shall inspect the proposed public pool to determine compliance with state laws
and rules. A public pool that does not comply with state laws and rules will be denied a permit or
the renewal of a pernit.
(c) All applicable fees under this article shall be established by resolution of the city council.
(d) Failure to obtain or renew will result in a penalty fine equal to the permit fee.
Sec. 6-175. Review of plans.
(a) Whenever a public pool is constructed or extensively remodeled and whenever an
existing structure is converted to use as a public pool, engineered, prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to the building
official for review before work is begun. Extensive remodeling means that twenty percent (20%)
or greater of the area of the public pool is to be remodeled. The plans and specifications shall
indicate the proposed layout, equipment arrangement, mechanical and construction of materials,
and the type and model of proposed fixed equipment and facilities in accordance with this article.
The construction, remodeling or conversion shall conform to the approved plans and
specifications.
(b) Failure to follow the approved plans and specification will result in a pernit denial,
suspension, or revocation.
(c) The provisions of this article regarding pool construction or remodeling are in addition to
Page 61
other applicable building and licensing ordinances.
Sec. 6-176. Suspension of permit.
(a) The city may, without warning, notice, or hearing suspend any pen-nit to operate a public
pool if the operation of the public pool constitutes an imminent hazard to public health.
Suspension is effective upon service of the notice required by this section. When a permit is
suspended, pool operation shall immediately cease. Whenever a permit is suspended, the holder
of the permit shall be afforded the opportunity for a hearing within twenty (20) days of receipt of
a request for a hearing.
(b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be
notified in writing that the permit is, upon service of the notice, immediately suspended and that
an opportunity for a hearing will be provided if a written request for a hearing is filed with the
city by the holder of the pennit within ten (10) days. If no written request for a hearing is filed
within ten (10) days, the suspension is sustained. The city may end the suspension at any time if
reasons for the suspension no longer exist.
Sec. 6-177. Revocation of permit.
(a) The city may, after providing opportunity for a hearing, revoke a permit for serious or
repeated violations of any of the requirements of this article or for interference with the city in
the performance of its duties. Prior to revocation, the city shall notify the holder of the permit or
the person in charge, in writing, of the reason for which the permit is subject to revocation and
that the permit shall be revoked at the end of the ten-day period following service of such notice
unless a written request for a hearing is filed with the city by the holder of the permit within such
ten-day period.
(b) The hearings provided for in this section shall be conducted by the board of adjustment at
a time and place designated by the board. Based upon the recorded evidence of such a hearing,
the board shall make final findings, and shall determine whether or not the pennittee is in
compliance with this article. Upon a finding of noncompliance, the board may revoke any permit
or place conditions to obtain compliance or reinstate such pernit. A written report of the hearing
decision shall be furnished to the holder of the per-nit by the city.
See. 6-178. Remedies.
(a) Any person who violates a provision of this article and any person who is the permit
holder of or otherwise operates a public pool that does not comply with the requirements of this
article and any responsible officer of that permit holder or those persons shall be fined in an
amount not to exceed $2,000.00.
(b) The city may seek to enjoin violations of this article.
Secs. 6-179 - 6-180. Reserved.
Article VIII. Smoking
Sec. 6-181. Definitions.
Page 62
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:
Employee: Any person who is employed by an employer in consideration for monetary
compensation or profit.
Employer: Any person, partnership, corporation, association or other entity that employs one (1)
or more persons.
Place of employment: Any enclosed indoor area under the control of an employer to which
employees have access during the course of employment, including, but not limited to, work
areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias. A
private residence is not a place of employment.
Public place:
(1) Any enclosed indoor area that is used by the general public, or that is a place of
employment, and includes, but is not limited to: Stores, offices, and other commercial
establishments; restaurants; public and private primary schools, secondary schools and
institutions of higher- education; health care facilities; nursing and convalescent homes;
and government subsidized senior citizen residential facilities; or
(2) Any public swimming pool owned or operated by the city, inclusive of the entire fenced
area.
Service line: Any indoor line at which one or more persons are waiting for or receiving service
of any kind, whether or not such service involves the exchange of money.
Smoke or smoking: The carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or
any other lighted smoking equipment or device, or the lighting of, emitting or exhaling the
smoke of a pipe, cigar, or cigarette of any kind; or any other lighted smoking equipment or
device.
See. 6-182. Violations.
(a) A person commits an offense by:
(1) Knowingly or intentionally smoking in a public place and not being in an area
designated as a smoking area under this article.
(2) Knowingly or intentionally smoking in a taxicab that is not a taxicab in which
smoking is permitted; or
(3) Being the owner, lessee or other person in charge of a public place or conveyance,
and knowingly or intentionally permitting, or failing to make a reasonable effort
to prevent commission, by another, of the offenses described in subsections (1)
and (2) above within such public place or conveyance.
Page 63
(b) The owner, lessee or other person in charge of any conveyance or place described in this
article commits an offense by failing to have:
(1) Prominently displayed a reasonably sized notice that smoking is prohibited,
permitted in designated areas only, or permitted throughout such conveyance
and/or place; or
(2) Such conveyance or place equipped with facilities for extinguishing of smoking
materials.
See. 6-183. Smoking areas designated.
(a) The owner, lessee or other person in charge of a public place may, but is not required to
designate one (1) or more areas as smoking areas.
(b) If a smoking area is designated in a public place, each such smoking area shall:
(1) Be not larger than proportionate to the preference of the users normally requesting
a smoking area, as can be demonstrated by the owner, lessee, or other person in
charge;
(2) Be situated so the ventilation minimizes the effect of smoke in adjacent
nonsmoking areas, and so that air from the smoking areas is not drawn into or
across a nonsmoking area;
(3) Be designated by appropriate signs which are clearly visible to patrons in or
entering the area;
(4) Contain ashtrays, containers, or other facilities for extinguishing smoking
materials;
(5) Be set apart or separated from nonsmoking areas;
(6) Be located such that nonsmokers are not required to pass through them (except to
a restroom); and
(7) Not include service line or cashier areas.
(c) In the event the owner, lessee or person in charge of a public place can demonstrate that
the users or patrons normally requesting a smoking area constitute such a large portion of the
users of the public place that it is impractical for the owner, lessee or person in charge to meet
the requirements of subsections (b)(2) and (b)(5) above without structural or other physical
changes or significant expenditures, the owner, lessee or person in charge may designate an area
not meeting the requirements of subsection (b)(1) above (including the entire public place,
except for those areas designated in subsection (b)(7) above, as a smoking area). If the entire area
is designated a smoking area, as provided in this section, the owner, lessee or person in charge
Page 64
shall place a sign or signs at each entrance to the premises which are clearly visible and state that
smoking is permitted throughout the premises.
See. 6-184. Signs.
Except as provided by the preceding section, the owner, lessee or other person in charge of a
public place shall place a sign or signs, visible at each entrance to the premises, notifying persons
entering the premises that smoking is prohibited, or that smoking is permitted only in designated
areas, or that smoking is permitted throughout the premises. Signs shall be worded, "NO
SMOKING, by city ordinance.", "SMOKING PERMITTED IN DESIGNATED AREAS ONLY,
by city ordinance.", or "SMOKING PERMITTED THROUGHOUT THE PREMISES, by city
ordinance."
Sec. 6-185. Taxicabs.
(a) The holder of any franchise to operate a taxicab within the city may, but is not required to
designate one or more of the taxicabs in operation pursuant to said franchise, as taxicabs in
which smoking is permitted.
(b) Each taxicab shall be designated by notices clearly visible to persons entering or in the
taxicab as a taxicab in which smoking is permitted or a taxicab in which smoking is not
pennitted.
Sec. 6-186. Workplace requirements.
Each employer who operates a place of employment in the city shall adopt, implement and
maintain a written smoking policy which shall contain, as a minimum, the following provisions
and requirements:
(1) Any nonsmoking employee may object to the employer about smoke in any portion of
their place of employment normally frequented by said employee. Using already
available means of ventilation, separation or partition, the employer shall attempt to reach
a reasonable accommodation, insofar as possible, between the preferences of nonsmoking
and smoking employees. An employer is not required by this section to incur any
expense, or make structural or other physical modifications to accommodate the
preference of nonsmoking or smoking employees.
(2) If an accommodation which is satisfactory to all affected nonsmoking employees cannot
be reached as to any portion of the place of employment about which complaint has been
voiced, the preferences of nonsmoking employees shall prevail, to the end that
nonsmoking employees may work in a smoke free environment. No such portion of the
disputed area shall be designated as a smoking area. Provided however, the requirements
of this subsection shall not apply to nonsmoking employees whose job duties include
serving of or routine interaction with members of the general public within designated
smoking areas, or to any private enclosed office work space occupied exclusively by
smokers, even though such office may be visited by nonsmokers.
(3) The smoking policy shall be announced within three (3) weeks of adoption to all
employees working in the place of employment and posted conspicuously in all
Page 65
workplaces under the employer's jurisdiction.
See. 6-187. Exceptions.
It is an exception to the application of section 6-182(a)(1) of this article that the person smoking
tobacco or in possession of the burning tobacco product is in a situation in which the person is
present at an event in which an entire room or confined area is used for a private social function
and the event is under the control of the sponsor of the function and not the owner, proprietor or
person in charge of the public place. This exception includes, but is not limited to, areas of public
places, such as hotels, which are normally rented out to private groups, and to areas of bowling
centers used by bowling leagues during league play.
Secs. 6-188 - 6-189. Reserved.
Article IX. Public Nuisances
See. 6-190. General-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 indicated a different meaning:
Brush shall mean scrub vegetation or dense undergrowth.
City shall mean the City of The Colony.
Graffiti shall mean an unauthorized inscription, word, figure, mark, design or other inscribed
material that is written, marked, etched, scratched, drawn, or painted on a surface.
Junk shall mean worn-out and discarded material, including, but not limited to, old iron or other
metal, glass, paper, discarded household appliances, discarded furniture, vehicle components and
parts not in use, pallets, barrels, roofing material, or other waste or discarded material not
currently in use.
Parking lane shall mean the area extending from the back of the curb to eight feet (8') into the
street.
Parkwaii) shall mean the area lying between the street right-of-way line of any public street
and/or alley, and the curb line of the street and/or alley; or if there is no curb line, the shoulder of
the street and/or alley.
Person shall include an individual, corporation, organization, agency, business trust, estate,
partnership, association, and any other legal entity.
Public nuisance shall mean a condition which is dangerous to human life or health, or whatever
renders the ground, the water, the air or food a hazard or likely to cause injury to human life or
health, or that is offensive to the senses or that is or threatens to become detrimental to the public
health and safety, is hereby declared to be a nuisance.
Page 66
Refuse shall mean garbage, rubbish, paper, and other decayable and nondecayable waste.
Rubbish shall mean trash, debris, rubble, stone, useless fragments of building materials, or other
miscellaneous useless waste or rejected matter.
Tree (private property) shall mean a tree on private property when the majority of the trunk and
roots are on private property.
Tree (public property) shall mean a tree on public property when the majority of the trunk and
roots are on public property.
Tree removal shall mean to leave no portion of the tree above finished grade.
Verinin shall mean small animal pests such as, but not limited to, mice, rats, skunks, armadillos,
possums, and raccoons.
Weeds shall mean any vegetation that, because of its height, is objectionable, noxious, unsightly
or unsanitary, excluding: shrubs, bushes, trees, ornamental grasses, cultivated flowers and
cultivated crops.
Sec. 6-191. Same-Enforcement.
It shall be unlawful for any person, firm or corporation to construct, create, cause, pennit, suffer,
maintain or allow a public nuisance as defined herein. The specific acts, conditions, and things
prohibited in this article are, among others, each hereby declared to be nuisances and against the
general welfare, and some are hereby made unlawful. Each day a violation continues shall
constitute a separate offense.
See. 6-192. Noise.
(a) Any unreasonably loud, disturbing noise which causes material distress, discomfort or
injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to
be a nuisance and is hereby prohibited.
(b) Any noise of such character, intensity, and continued duration which substantially
interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities,
is hereby declared to be a nuisance and is hereby prohibited.
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(1) Radios: The playing of any radio, television, phonograph or other musical
instrument in such manner or with such volume, particularly during the hours
between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or
repose of persons of ordinary sensibilities in any type of residence.
(2) Loudspeakers: The use of any loudspeaker or amplifier or musical instrument in
such manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m.,
Page 67
that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity
thereof, provided, however, that upon application by the user of such devices, the
city council may make special exemption or exception to this clause for such time
as the city council feels will serve the public welfare.
(3) Animals: The keeping of any animal or bird which, by causing fi•equent or long-
continued noise, shall disturb the comfort and repose of any person of ordinary
sensibilities in the immediate vicinity.
(4) Compressed air: The use of any mechanical device operated by compressed air,
unless the noise to be created is effectively muffled and reduced.
(5) Construction: The erection, including excavation, demolition, alteration, or repair
work on any building at any time other than those hours specified in the Code of
Ordinances, as amended; except in case of urgent necessity in the interest of
public safety and convenience.
(6) Engine-exhaust braking prohibited: No person may use an engine-exhaust
braking system while operating a motor vehicle within the corporate limits of the
city. For the propose of this section, the term engine-exhaust braking system
means an engine-exhaust braking system device which converts diesel-engine
power into an air compressor and when engaged operates to slow the vehicle.
Sec. 6-193. Offensive odors.
(a) Any unreasonably noxious, unpleasant, or strong odor, which causes material distress,
discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof, is
hereby declared to be a nuisance, and is prohibited.
(b) Any odor, stench, or smell of such character, strength, and continued duration which
interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is
hereby declared to be a nuisance and is prohibited.
(c) The following things are, among others, declared to be offensive odors and odor
nuisances in violation of this article, but such enumerations shall not be deemed to be exclusive:
(1) Animal pens: Offensive odors from animal pens, runs, exercise areas, fenced
areas, houses, structures, and other similar places where animals are kept or fed
which shall disturb the comfort and repose of persons of ordinary sensibilities.
(2) Privies: Offensive odors from privies and other similar places.
(3) Chemicals: Offensive odors from the use or possession of chemicals, or fi•om
industrial processes or activities which shall disturb the comfort and repose of
persons of ordinary sensibilities.
Page 68
(4) Smoke: Offensive odors from smoke from the burning of rubbish, trash, rubber,
chemical substances, or other things or substances.
(5) Debris odors: Offensive odors from stagnant pools allowed to remain on any
premises, or from rotting garbage, trash, debris, feces, or dead animals, on any
premises.
Sec. 6-194. Trash and debris.
The following acts and things, among others, are hereby declared to be nuisances in violation of
this article, but said enumerations shall not be deemed to be exclusive:
(1) Accumulation of Trash and Debris: the existence on any premises or within any utility
trailer or vehicle bordering any public street or alley the keeping of stacks, heaps, or piles
of refuse, scrap material, or other items, including but not limited to garbage, old lumber
and fence panels, dirt, machinery or parts thereof, demolished or partly demolished
structures, stones, bricks, broken rock, and roofing material, or the placement on any
premises within view of a public right-of-way or public place of any appliance or junked
vehicle, which conditions may produce an unsightly appearance, harbor mosquitoes and
vermin, create unsanitary conditions, pose a fire hazard, or create an attractive nuisance.
(2) Burning of trash: The burning of any trash or rubbish, paper, grass, or weeds, on any
private property, or in any street or public place in the city.
(3) Illegal dumping: The dumping, placing, or depositing of any trash, debris, garbage, oil,
refuse, grass, weeds, scrap material, feces, dead animals, or junk, in or upon any private
or public property in the city.
(4) Littering: The throwing, placing, or depositing or causing to be thrown, placed or
deposited any trash and debris in any street, alley, gutter, ditch, lot or other place, public
or private, in the city.
See. 6-195. Graffiti.
It shall be unlawful and declared to be a public nuisance for the owner or person in control of
any private property to suffer or permit graffiti, as defined in Section 6-190 above, to remain on
said property for a period of time exceeding fifteen (15) days.
Sec. 6-196. Collection of stagnant water.
(a) It shall be unlawful and declared to be a public nuisance for any person that owns or is in
control of property to have, keep, maintain, cause, suffer, allow, or permit any collection of
stagnant water in which mosquitoes may breed or are likely to breed.
(b) Any collections of water considered by subsection (a) shall be held to be stagnant water
contained in areas including, but not limited to, ditches, swimming pools, ponds, excavations,
holes, depressions, open cesspools, privy vaults, foundations, tanks, shallow wells, barrels,
troughs, urns, cans, boxes, tubs, buckets, tires, tanks or similar water containers.
Page 69
Sec. 6-197. Weeds, grass and brush; height limitation.
(a) It shall be unlawful for any person owning, claiming, or having supervision or control of
any real property, occupied or unoccupied, within the city to permit weeds, grass, brush, or any
objectionable or unsightly matter to grow to a height greater than twelve inches (12"). All
vegetation, not regularly cultivated as a crop, and which exceeds twelve inches (12") in height,
shall be presumed to be objectionable and unsightly matter.
(b) It shall be the duty of such person owning, claiming, or having supervision or control of
any real property, occupied or unoccupied, within the city to keep the area adjacent to his
property line including the front or side parkway between the property line or sidewalk and the
rear or side parkway between the property line and the center line of alley pavement or traveled
way or if there is no curb, then within ten feet (10') outside such property line free and clear of
the matter referred to above.
(c) It shall be a defense to prosecution that such vegetation named in subsection (a) above
occurs on property consisting of five (5) acres or more; is regularly cultivated crops provided
such crops are not grown within fifteen feet (15') of any property line, within the right-of-way of
any public street or easement nor do they obstruct the necessary view to and from adjacent right-
of-way; and said crops are cultivated on property which has been granted an agricultural property
tax exemption on the most recent tax roll as certified by the Denton County Appraisal District.
Property consisting of five (5) acres or more, with no agricultural property tax exemption, is
required to mow within 150 feet of any adjacent property line which is under different
ownership. Property consisting of five acres or less must be mowed in its entirety.
(d) It shall be a defense to prosecution that such vegetation named in subsection (a) above
occurs on property designated as and/or required by ordinance to be maintained in its natural
state.
Sec. 6-198. Trees in parkways,-easements or alleys--Specific regulations.
Trees shall be trimmed so as to avoid causing a hazard to public places and obstructing traffic
control signage. The allowable overhang shall not be less than seven feet (7') above sidewalks,
fourteen feet (14') above the street surface, and fourteen feet (14') above alley surface.
Sec. 6-199. Same--Responsibility for maintenance.
(a) It shall be the duty of any person owning, claiming, occupying or having supervision or
control of any real property, occupied or unoccupied, within the city to keep and maintain the
trees in the area contained in the parkway adjacent to the property line in the condition outlined
in the regulations contained herein.
(b) It shall be the duty of any person owning, claiming, occupying or having supervision or
control of any real property, occupied or unoccupied, within the city to keep and maintain the
trees in the area of municipal easements contained on the property in the condition outlined in
the regulations contained herein.
Page 70
(c) It shall be the duty of any person owning, claiming, occupying or having supervision or
control of any real property, occupied or unoccupied, within the city to keep and maintain the
trees on the property in such a manner that the branches and roots do not interfere with
pedestrian travel, vehicular line of sight and travel, or the provision of services.
(d) If, in the course of general maintenance and repair of municipal infrastructure or the
installation of capital improvements the removal or destruction of trees, shrubs and/or any other
landscaping in the parkway is caused, the city has no responsibility to replace, repair or
reconstruct trees, shrubs or any other landscaping in the parkway.
(e) The city shall make every reasonable effort to preserve and protect trees within parkways
during the course of the city's normal activities; however on the date this ordinance goes into
effect, no new trees or replacement of any existing trees will be permitted within the parkway.
(f) The city may cause the removal of trees on private property that are determined to be a
hazard to the general safety, health and welfare of the public at the property owner's expense, as
outlined in this article.
(g) The city may cause the removal of trees in the parkway that are determined to be a hazard
to the general safety, health and welfare of the public at the expense of the adjacent property
owner's expense, as outlined in this article.
(h) It shall be the duty of any person owning, claiming, occupying or having supervision or
control of any real property, occupied or unoccupied, within the city to keep and maintain the
trees, shrubs and other plants in such a manner that the branches shall not be located within five
feet (5') of a street light fixture, and that the branches shall not obstruct a city street light fixture
for illuminating a city street, alley or sidewalk.
(i) Any person in violation of subsection (h) shall be notified by mail and given forty-five
(45) days to correct violation. If the violation is not corrected in forty-five (45) days, the city
may cut, trim, prune, spray or remove any tree(s), shrub(s), or other plant(s) which are in
violation at the property owner's expense, as outlined in this article.
(j) The city shall have authority at any time to cut, trim, prune, spray or remove any tree(s),
shrub(s), or other plant(s) within the lines of streets, alleys, avenues, lanes, squares, and public
grounds, as may be necessary to insure public safety.
Sec. 6-200. General--Right of entry.
Whenever it is necessary to make an inspection to enforce this article, or whenever the
designated city official has probable cause to believe that there exists in any structure or upon
any property a condition or violation which is unsafe, dangerous or hazardous or detrimental to
the public interest, the designated city official may obtain an appropriate authorization to enter
such structure or property or may obtain consent at all reasonable times to inspect such structure
or property; if such structure or property is occupied, the designated city official shall first
present proper credentials and request entry, and if such entry is refused, shall then have recourse
to every remedy provided by law to secure entry.
Page 71
Sec. 6-201. Same--Failure to comply.
(a) Notice of violation. If the owner of property fails or refuses to comply with this article,
the city shall give written notice to the property owner. The notice shall be delivered by regular
mail to the owner or mailed to the owner's post office address. If delivery in person is not
possible, or the owner's address is unknown, notice shall be given by:
(1) Publication in the city's official newspaper at least once;
(2) Posting the notice on or near the front door of each building on the property to
which the violation relates; or
(3) Posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates.
(b) Contents of notice. A notice of violation shall contain a statement:
(1) Setting forth the requirements of this article;
(2) That the owner has ten days fi•om the date of this notice to correct the violation;
(3) If the owner fails to correct the violation, the city will enter upon the property and
abate the violation; and
(4) If the owner fails to pay the costs for abatement, a lien shall be filed against the
property to secure all costs and fees.
(c) Subsequent needs, grass and brush violations. If the property owner commits
subsequent violations of this article during one (1) calendar year, the city, without further notice,
may correct the violations at the owner's expense and assess the expenses against the property.
(d) Authority to issue citations. The code official(s) of the city or the city manager's
designee(s) hereby has the power and authority to issue a notice or citation to any person, firm or
corporation in violation of this article.
Sec. 6-202. Notice to owner of violations; abatement by city; collection of costs.
(a) If any person allows noncompliance with this article to occur, the city or its designee may
go upon such property and do or cause the work necessary to obtain compliance with the
provisions of this article.
(b) A statement of the costs incurred by the city shall be billed to the property owner. The
costs shall include an administrative fee per approved master fee schedule. If the total amount
billed is not remitted to the city within thirty (30) days of the date of the mailing, the city shall
turn the unpaid balance over to a collection agency. Upon turning the unpaid balance over to a
collection agency, an additional twenty-five percent (25%) of the total amount due will be added
in addition to the administrative fee.
Page 72
(c) If the statement is not timely paid, the city may file a statement with the county clerk of
the costs incurred, including administrative costs. Upon filing the statement, the city shall have a
privileged lien on the land upon which the costs were incurred, second only to tax liens and liens
for street improvements. The amount of the lien shall include ten percent on the delinquent
amount from the date payment was made by the city. The statement of expenses or a certified
copy of the statement is prima facie proof of the expenses incurred by the city. To collect the
costs, suit may be instituted and recovery and foreclosure had in the name of the city.
Sec. 6-203. Littering with handbills.
(a) For the purposes of this section, the following terms shall have the respective meanings
ascribed to them:
Handbill. Any printed or written matter, sample or device, circular, leaflet, pamphlet,
paper, booklet or any other printed or otherwise reproduced original or copies of any
matter of literature which advertises for sale any merchandise, product, commodity or
thing or which directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly or indirectly promoting
the interest thereof by sales or which directs attention to or advertises meetings, theatrical
performance, exhibition or events of any kind, for which an admission fee is charged for
the purpose of private gain or profit. This definition shall not include newspapers or
periodicals as defined herein.
Newspaper. Any newspaper of general circulation devoting not less than twenty-five
percent (25%) of its total column lineage to the carrying of items of general interest,
published not less frequently than once each week, entered as second-class postal matter
with the United States Postal Service, and having been published regularly and
continuously for not less than twelve (12) months.
Periodical. Any current magazine regularly published with not less than four (4) issues
per year, and sold to the public.
Private pretnises. Any dwelling, house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, including any yard, grounds, walk, driveway,
porch, steps or mail box belonging to such dwelling, house, building or other structure.
Public place: Any street, sidewalk, boulevard, alley or any public way and any public
park, square, space, ground and building within the city.
(b) It shall be unlawful for any person to throw or deposit any handbill, newspaper or
periodical in or upon any public place within the city, except in public receptacles. Persons
placing litter in public receptacles or in authorized private receptacles shall do so in such a
manner as to prevent it from being carried or deposited by the elements upon any other public
place or upon private property. No person shall hand out or distribute or sell any commercial
Page 73
handbill in any public place. It shall not be unlawful for any person to hand out or distribute any
noncommercial handbill to any person willing to accept it.
(c) No person shall throw, deposit or distribute any handbill, newspaper or periodical upon
any private premises, if requested by any person thereon not to do so, or if there is placed on
such premises in a conspicuous position near the entrance thereof, a sign giving notice indicating
in any manner that the occupants of such premises do not desire any such handbill, newspaper or
periodical left upon the premises. In the absence of such notice, no handbill shall be thrown,
deposited or distributed on any private property within the city except in an authorized private
receptacle for collection of such handbill and in such manner that such handbill will be prevented
fi-om being carried or deposited by the elements upon any public place in the city or upon any
private property.
Sec. 6-204. Spitting in public places.
It shall be unlawful for any person to spit upon any sidewalk or upon any stairway or floor of any
public building or other public place in the city.
See. 6-205. Penalty.
Any person, firm, corporation or association violating any of the provisions of this article shall
be deemed guilty of a misdemeanor and upon conviction in the municipal court of the city shall
be subject to a fine not to exceed the sum of $2,000.00 for each offense, and each and every day
that the premises shall remain in a condition in violation of the terins of this article shall
constitute a continuing and separate offense, subject to application of the full penalty contained
herein. This section shall be in addition to and cumulative of the provisions for the abatement of
the nuisance and the charging of the cost of the same against the owner of the premises by the
city.
Secs. 6-206 - 6-210. Reserved.
Article X. Abandoned, Lost or Junked Property
Division 1. Generally
Sec. 6-211. Removal and storage generally.
Any property or obstruction placed, left standing, erected or lying in violation of any ordinance
of the city, or left unattended for more than twenty-four (24) consecutive hours in or on any
public street, alley, sidewalk, right-of-way, park or other public place of the city is hereby
declared to be a nuisance, and any such property which is so found shall be removed summarily
by any police officer of the city and taken to a place designated by the city manager for
safekeeping. Such property shall be kept under the control of the city manager or a designated
representative until redeemed by the true owner thereof or sold at public auction as provided
herein.
Sec. 6-212. Lien on impounded property; motor vehicles excepted.
The city shall have a lien upon all impounded personal property for all costs incurred in
impounding, storing and advertising such property for sale at public auction, and such lien shall
Page 74
be prior and superior to any other lien of any kind which may exist on the property, save and
except liens for ad valorem taxes, and the city may retain possession thereof until all costs are
paid and may sell the same at public auction as is hereinafter provided. The provisions of this
division shall not apply to motor vehicles which are subject to the state certificate of title act.
Sec. 6-213. Notice to owner.
The city manager or a designated representative shall mail a notice to the last known address of
the owner of such property by certified mail. Such notice shall describe the property being held,
give the name and address of the officer holding such property, and shall state that if the owner
does not claim such property within 90 days from the date of the notice such property will be
disposed of and the proceeds, after deducting the reasonable expense of keeping such property
and the costs of the disposition, placed in the treasury of the city.
Sec. 6-214. Redemption authorized.
The owner or any person legally entitled to possession of any impounded property may redeem
the same by proof of ownership and by paying to the city secretary the fees and expenses
incurred by the city in impounding and keeping the property.
Sec. 6-215. Sale authorized.
All abandoned property of every kind, and all stolen or recovered property which is not
necessary as evidence in a criminal case and which cannot be identified and returned to the
owner, which shall remain unclaimed with the police department for a period of thirty (30) days
may be sold and disposed of at public auction as provided below, or may be disposed of by
donation pursuant to Article 18.17(c) of the Texas Code of Criminal Procedure, subject to prior
approval of the city council. Bicycles pursuant to Article 18.17(c) of the Texas Code of Criminal
Procedure that are to be donated to local nonprofit organizations do not require prior council
approval.
Sec. 6-216. Publication of notice if owner unknown.
If the property has a fair market value of $500.00 or more and the owner or the address of the
owner is unknown, the city manager or a designated representative shall cause to be published
once in a paper of general circulation in the city a notice containing a general description of the
property held, the name of the owner if known, the name and address of the officer holding such
property and a statement that if the owner does not claim such property within 90 days from the
date of the publication such property will be disposed of and the proceeds, after deducting the
reasonable expense of keeping such property and the costs of the disposition, placed in the
treasury of the municipality or county disposing of the property. If the property has a fair market
value of less than $500.00 and the owner or the address of the owner is unknown, the city
manager or a designated representative may sell or donate the property. The city manager or a
designated representative shall deposit the sale proceeds, after deducting the reasonable expense
of keeping the property and costs of the sale, in the treasury of the city.
Sec. 6-217. Notice of sale.
The chief of police shall give to the city manager, or designated representative, a list of all
property subject to sale under- the provisions of this division and shall prepare written notice of
the time and place of a public auction for sale of all property recovered under this division. The
Page 75
sale under this article of any property that has a fair market value of $500.00 or more shall be
preceded by a notice published once at least fourteen (14) days prior to the date of such sale in a
newspaper of general circulation in the city, stating the general description of the property, the
names of the owner if known, and the date and place that such sale will occur. This article does
not require disposition by sale.
See. 6-218. Delivery to purchaser or other disposition of property; disposition of
proceeds.
The property sold at public auction or under sealed bid under the provisions of this division shall
be delivered to the purchaser, and if no person bids thereon, such property shall be disposed of
by the chief of police in an appropriate manner. In no event may property considered dangerous
or contraband in nature be sold or offered for sale at any such public auction. The proceeds of the
auction sale or sealed bid sale for such property shall be deposited in the general fund of the city
and used to defer the costs of impoundment, storage and sale of abandoned property, and to the
extent such proceeds exceed such costs, they shall be a part of the fund and revenues of the city.
See. 6-219. Reserved.
Division 2. Abandoned and Junked Motor Vehicles.
See. 6-220. Definitions.
The following words, ternis and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned inotor vehicle means a motor vehicle that:
(1) Is inoperable and more than five (5) years old and has been left unattended on
public property for more than forty-eight (48) hours;
(2) Has remained illegally on public property for more than forty-eight (48) hours;
(3) Has remained on private property without the consent of the owner or person in
charge of the property for more than forty-eight (48) hours;
(4) Has been left unattended on the right-of-way of a designated county, state, or
federal highway within the city for more than forty-eight (48) hours;
(5) Has been left unattended for more than twenty-four (24) hours on the right-of-way
of a turnpike project constructed and maintained by the Texas Turnpike Authority
division of the Texas Department of Transportation or a controlled access
highway; or
(6) Is considered an abandoned motor vehicle under V.T.C.A., Transportation Code §
644.153 (r).
Antique auto means a passenger car or truck that is at least twenty-five (25) years old.
Page 76
Garagelzeeper means an owner or operator of a storage facility.
Junked vehicle means a vehicle that is self-propelled and:
(1) Does not have lawfully attached to it:
(A) An unexpired license plate; or
(B) A valid motor vehicle inspection certificate; and
(2) Is:
(A) Wrecked, dismantled, or partially dismantled, or discarded; or
(B) Is inoperable and has remained inoperable for more than:
(i) Seventy-two (72) consecutive hours, if the vehicle is on public
property; or
(ii) Thirty (30) consecutive days, if the vehicle is on private property.
Motor vehicle means a vehicle that is subject to registration under V.T.C.A., Transportation
Code ch. 501.
Motor vehicle collector means a person who:
(1) Owns one or more antique or special interest vehicles; and
(2) Acquires, collects, or disposes of an antique or special interest vehicle or part of
an antique or special interest vehicle for personal use to restore and preserve an
antique or special interest vehicle for historic interest.
Motor vehicle demolisher means a person in the business of:
(1) Converting motor vehicles into processed scrap or scrap metal; or
(2) Wrecking or dismantling motor vehicles.
Outboard motor means an outboard motor subject to registration under V.T.C.A., Parks and
Wildlife Code ch. 31.
Special interest vehicle means a motor vehicle of any age that has not been changed from
original manufacturer's specifications and, because of its historic interest, is being preserved by a
hobbyist.
Page 77
Storage facility includes a garage, parking lot, or establishment for the servicing, repairing, or
parking of motor vehicles.
Watercraft means a vessel subject to registration under V.T.C.A., Parks and Wildlife Code ch.
31.
Sec. 6-221. Abandoned motor vehicles.
(a) Taking into custody. The police department may take into custody an abandoned motor
vehicle, watercraft, or outboard motor found on public or private property. The police
department may use department personnel, equipment, and facilities or contract for other
personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle,
watercraft, or outboard motor taken into custody by the department under this division.
(b) Notice. The police department or its designee shall send notice of abandonment of a
vehicle, watercraft, or outboard motor taken into custody to:
(1) The last known registered owner of each motor vehicle, watercraft, or outboard
motor:
(A) Taken into custody; or
(B) For which a garagekeeper's report is received pursuant to V.T.C.A.,
Transportation Code § 683.031.
(2) Each lienholder recorded under V.T.C.A., Transportation Code ch. 501, for the
motor vehicle or under V.T.C.A., Parks and Wildlife Code ch. 31, for the
watercraft or outboard motor.
(c) Contents of notice. The notice under subsection (b) of this section 6-221 must:
(1) Be sent by certified mail not later than the tenth (10th) day after the date the
police department:
(A) Takes the abandoned motor vehicle, watercraft, or outboard motor into
custody; or
(B) Receives the garagekeeper's report under V.T.C.A., Transportation Code §
683.031;
(2) Specify the year, make, model, and identification number of the abandoned motor
vehicle, watercraft, or outboard motor;
(3) Give the location of the facility where the abandoned motor vehicle, watercraft, or
outboard motor is being held;
(4) Inform the owner and lienholder of the right to claim the abandoned motor
Page 78
vehicle, watercraft, or outboard motor not later than the twentieth (20th) day after
the date of the notice on payment o£
(A) Towing, preservation, and storage charges; or
(B) Garagekeeper's charges and fees under V.T.C.A., Transportation Code §
683.032; and
(5) State that failure of the owner or lienholder to claim the abandoned motor vehicle,
watercraft, or outboard motor during the period specified by paragraph (4) of this
subsection (c) of section 6-221 is:
(A) A waiver by that person of all right, title, and interest in the item; and
(B) Consent to the sale of the item at a public auction.
(d) Notice by publication.
(1) Notice by publication in one newspaper of general circulation in the city is
sufficient notice under this section 6-221 if:
(A) The identity of the last registered owner cannot be determined;
(B) The registration has no address for the owner; or
(C) The determination with reasonable certainty of the identity and address of
all lienholders is impossible.
(2) Notice by publication:
(A) Must be published in the same period that is required by subsection (c) of
this section for notice by certified mail and contain all of the information
required by that subsection, and
(B) May contain a list of more than one abandoned motor vehicle, watercraft,
or outboard motor.
(e) Storage fees. The police department or the agent of the police department that takes into
custody an abandoned motor vehicle, watercraft, or outboard motor is entitled to reasonable
storage fees:
(1) For not more than ten (10) days, beginning on the day the item is taken into
custody and ending on the day the required notice is mailed; and
(2) Beginning on the day after the day the police department mails notice and ending
on the day accrued charges are paid and the vehicle, watercraft, or outboard motor
Page 79
is removed.
(f) Auction or use of abandoned items; waiver of rights.
(1) If an abandoned motor vehicle, watercraft, or outboard motor is not claimed
before the twenty-first (21st) day after the date of the notice provided in
subsections (b) and (c) of this section 6-221:
(A) The owner or lienholder:
(i) Waives all rights and interests in the item; and
(ii) Consents to the sale of the item by public auction; and
(B) The police department may sell the item at a public auction or use the item
as provided by paragraph (h) of this section 6-221.
(2) Proper notice of the auction shall be given. A garagekeeper who has a
garagekeeper's lien shall be notified of the time and place of the auction.
(3) The purchaser of an abandoned motor vehicle, watercraft, or outboard motor:
(A) Takes title free and clear of all liens and claims of ownership;
(B) Shall receive a sales receipt from the police department; and
(C) Is entitled to register the motor vehicle, watercraft, or outboard motor and
receive a certificate of title.
(g) Auction proceeds.
(1) The police department is entitled to reimbursement from the proceeds of sale of
an abandoned motor vehicle, watercraft, or outboard motor for:
(A) The cost of the auction;
(B) Towing, preservation, and storage fees resulting from the taking into
custody; and
(C) The cost of notice or publication as required by subsections (b), (c) and (d)
of this section 6-221.
(2) After deducting the reimbursement allowed under paragraph (1) of this subsection
(g) of section 6-221, the proceeds of sale shall be held for 90 days for the owner
or lienholder of the item.
Page 80
(3) After the 90-day period provided in paragraph (2) of this subsection (g), proceeds
unclaimed by the owner or lienholder shall be deposited in an account that may be
used for the payment of auction, towing, preservation, storage, and notice and
publication fees resulting from taking other abandoned motor vehicles, watercraft,
or outboard motor into custody if the proceeds from the sale of the other items are
insufficient to meet those fees.
(4) The city may transfer funds in excess of $1,000.00 from the account described in
paragraph (3) of this subsection (g) to the city's general revenue account to be
used by the police department.
(h) Police department use of eertain abandoned motor vehicles.
(1) The police department may use an abandoned motor vehicle, watercraft, or
outboard motor for department purposes if the item is not claimed as provided for
in this section 6-221.
(2) If the police department discontinues the use of such an abandoned motor vehicle,
watercraft, or outboard motor, the department shall auction the item.
(3) This subsection (h) does not apply to a vehicle on which there is a garagekeeper's
lien.
(1) Disposal of vehicle abandoned in storage facility.
(1) The police department shall take into custody an abandoned motor vehicle,
watercraft, or outboard motor left in a storage facility that has not been claimed in
the period provided by notice required under subsection (b) of this section 6-221.
(2) The police department may use such a vehicle as authorized by subsection (h) or
sell the vehicle at auction as provided by subsection (f). If the vehicle is sold, the
proceeds of the sale shall first be applied to a garagekeeper's charges for service,
storage, and repair of the vehicle.
(3) As compensation for expenses incurred in taking the vehicle into custody and
selling it, the police department shall retain:
(A) Two percent (2%) of the gross proceeds of the sale of the vehicle; or
(B) All the proceeds if the gross proceeds of the sale are less than $10.00.
(4) Surplus proceeds from the sale shall be distributed as provided by subsection (g).
0) Demolition of abandoned motor vehicles. The procedures for handling the demolition of
an abandoned motor vehicle shall be in accordance with V.T.C.A., Transportation Code §
683.051 et seq.
Page 81
Sec. 6-222. Junked vehicles.
(a) Public nuisance.
(1) Declaration. A junked vehicle, including a part of a junked vehicle, that is visible
at any time of the year from a public place or public right-of-way:
(A) Is detrimental to the safety and welfare of the public;
(B) Tends to reduce the value of private property;
(C) Invites vandalism;
(D) Creates a fire hazard;
(E) Is an attractive nuisance creating a hazard to the health and safety of
minors;
(F) Produces urban blight adverse to the maintenance and continuing
development of municipalities; and
(G) Is a public nuisance.
(2) Offense; penalty. A person commits an offense under this division if he maintains
a public nuisance described by subsection (a)(1) of this section. Each day in
which the nuisance is maintained shall constitute a separate offense. Upon a
finding that the defendant is in violation of this section, the defendant is guilty of
a misdemeanor and subject to a fine not to exceed $200.00. The court shall order
abatement and removal of the nuisance on conviction.
(3) Abatement of nuisance. A junked vehicle constituting a public nuisance as
described by subsection (a)(1) may be abated and removed by the city manager or
designee in accordance with the following:
(A) Notice of removal.
(1) At least ten (10) days prior to the abatement and removal of the
junked vehicle, the city manager or designee shall provide notice
of the public nuisance. The notice must be personally delivered,
sent by certified mail with a five (5) day return requested, or
delivered by the United States Postal Service with signature
confirmation service to:
(i) The last known registered owner of the public nuisance;
(ii) Each lienholder of record of the public nuisance; and
(iii) The owner or occupant of:
(a) The property on which the public nuisance is
located; or
Page 82
(b) If the public nuisance is located on a public right-
of-way, the property adjacent to the right-of-way.
(2) If the post office address of the last known registered owner of the
public nuisance is unknown, notice may be placed on the public
nuisance or, if the owner is located, personally delivered.
(3) If the notice is returned undelivered, action to abate the public
nuisance shall be continued to a date not earlier than the eleventh
(11th) day after the date of the return.
(4) The notice must state that:
(i) The public nuisance must be abated and removed not later
than the tenth (10th) day after the date on which the notice
was personally delivered or mailed; and
(ii) Any request for a hearing must be made before that ten (10)
day period expires.
(B) Heating.
(1) If a hearing is requested by a person for whom notice is required
under subsection (a)(3)(A), the hearing shall be held before the
municipal judge of the city not earlier than the eleventh (11th) day
after the date of the service of the notice.
(2) At the hearing, the junked motor vehicle is presumed, unless
demonstrated otherwise by the owner or other person to whom
notice of the hearing was provided, to be inoperable.
(3) An order requiring the removal of a public nuisance must include,
if the information is available at the location of the public
nuisance, the junked vehicle's:
(i) Description;
(ii) Vehicle identification number; and
(iii) License plate number.
(b) Inapplicability of subsection (a). The procedures set forth in subsection (a) of this section
6-222 shall not apply to a vehicle or vehicle part:
(1) That is completely enclosed in a building in a lawful manner and is not visible
from the street or other public or private property; or
(2) That is stored or parked in a lawful manner on private property in connection with
Page 83
the business of a licensed vehicle dealer or junkyard, or that is an antique or
special interest vehicle stored by a motor vehicle collector on the collector's
property, if the vehicle or vehicle part and the outdoor storage area, if any, are:
(A) Maintained in an orderly manner;
(B) Not a health hazard; and
(C) Screened from ordinary public view by appropriate means, including a
fence, permanent landscaping which may include rapidly growing trees or
shrubbery.
(3) It shall not be a defense under this division that the vehicle or part of a vehicle is
covered by car cover, car blanket, tarp or similar covering.
Sec. 6-223. Authority of officers.
Any person authorized by the city manager to administer the procedures authorized by this
division may enter private property for the purposes specified herein to examine a public
nuisance, obtain information as to the identity of the nuisance, and remove or cause the removal
of the nuisance. The municipal court shall be authorized to issue orders necessary to enforce the
procedures of this division. There shall be no right to a jury trial for any hearing before the
municipal court concerning junked vehicles.
Sec. 6-224. Procedure for removal of nuisance.
(a) Procedures for abatement and removal of a public nuisance must be administered by
regularly salaried, full-time employees of the city, except that any authorized person may remove
the nuisance.
(b) The relocation of a junked vehicle that is a public nuisance to another location in the
same municipality after a proceeding for the abatement and removal of the public nuisance has
commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at
the new location.
(c) When a junked vehicle is declared a public nuisance by the authorized officials of the city
and is ordered to be removed, it shall not be reconstructed or made operable after it has been
removed. In the event of removal of a junked motor vehicle as provided herein, the tow company
shall give notice to the Texas Department of Transportation no later than the fifth (5th) day after
the date of removal.
Secs. 6-225 - 6-250. Reserved.
Article XL Signs
See. 6-251. Purpose.
The purpose of this Section is to regulate the location, size, construction, erection, duration, use,
and maintenance of all signs within the jurisdiction of the city and the extraterritorial jurisdiction
on a content-neutral basis. The specific objectives of this Section are to balance the rights of
individuals to convey their messages through signs and the right of the public to be protected
Page 84
from potential harm; promote the health, safety, welfare, convenience, and enjoyment of the
public; protect the public from damage or injury caused or attributable to distractions and
destructions caused by improperly designed or located signs; protect and promote property
values; promote community environmental setting and appearance, especially where scenic
beauty is important; and to support the objectives of the individual zoning districts.
Sec. 6-252. Definitions.
Abandoned Sign. An on-premises sign, attached or detached, advertising a business that
has closed or ceased operation for a period of sixty (60) calendar days, or where the certificate of
occupancy has been revoked or expired.
Awning Sign. A pennanent sign that is directly applied, attached or painted onto an
awning, which is a retractable or non-retractable projection, shelter or structure of rigid or non-
rigid canvas, metal, wood, or other similar material approved that covers a pedestrian walkway,
intended for protection from the weather or as a decorative embellishment, projecting fi•om a
wall or roof of a structure over a window, walk, door, or the like. An awning sign is used to
advertise the name of the business, hours of operation, business telephone number, business
address, and/or website address.
Banner. An on-premise temporary sign made of vinyl, canvas, light fabric, light-weight
material, or corrugated plastic that is for advertisement or promotional purposes only in a
nonresidential district; displayed through either attaching to the building facade with which it is
associated or hanging between two (2) stakes. A banner advertises the business' name, opening
dates, telephone number, hours of operation, and/or type of products offered or sold.
Billboard. An off-premises sign erected in the outdoor environment for the propose of the
display of commercial or noncommercial messages not pertinent to the use of products sold on,
or the sale or lease of, the property on which it is displayed. Billboards include any of its
support, frame, or other appurtenances. Billboards are prohibited in the City of The Colony and
its extraterritorial jurisdiction.
Building. A structure which has a roof supported by columns, walls or air for the shelter,
support, or enclosure of persons, animals or chattels.
Building Official. The Building Official or his/her- designee or other city authorized agent
appointed by the City Manager.
Changeable Electronic Variable Message Sign (CEVMS). A sign which permits light to
be turned on or off intermittently or which is operated in a way whereby light is turned on or off
intermittently, including any illuminated sign on which such illumination is not kept stationary or
constant in intensity and color at all times when such sign is in use, including an LED (light
emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not
include a sign located within the right-of-way that functions as a traffic control device and that
described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved
by the Federal Highway Administrator as the National Standard.
Page 85
Dilapidated. Any surface element, background, panels, or support of any sign that has
finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous,
illegible, leaning, splintered, ripped, torn, twisted, or unsightly.
Erect. To build, construct, attach, hang, place, suspend, affix, or paint a sign(s) on the
exterior surface of a building or structure.
Facade. That portion of any exterior elevation on the building extending from grade to
top of the parapet, wall, eaves and the entire width of the building elevation.
Flag/Flag Pole. A piece of fabric or other flexible material attached to a ground
supported staff on one end used as a symbol of a nation, state, political subdivision, corporation,
or organization.
Illuminated Sign. Any sign which has characters, letters, figures, or designs illuminated
by electric lights, luminous tubes, or other means that are specifically placed to draw attention to,
to light up, or to provide nighttime viewing of the subject matter on the sign.
Inflatable Device Sign (IDS). A sign manufactured of plastic, cloth, canvas or other
flexible or light fabric, inflated with air, secured to the ground or roof of a building and does not
float. An IDS only advertises the opening dates, sale of items offered or sold, date of sale, name
of business, telephone number, and/or website information of a business.
Logo. Any design, insignia or other marking of a company or product, which is used in
advertisings to identify the company, business or product.
Menu Board Sign. A sign erected in conjunction with a use that incorporates a drive-thru
or drive-in and generally used to provide service and/or product options and pricing for patrons
who remain in a vehicle. No per-nit is required for menu board signs. Refer to requirements
found in Section 6-253(e).
Mixed Use Development. A tract of land or building/structure developed for two or more
different uses such as but not limited to, residential, office, manufacturing, retail, public, or
entertainment. With respect to this section all non-residential regulations apply to mixed use
developments.
Monument Sign. A free-standing sign characterized by construction of stone, concrete,
metal or brick, etc. set on a monument, ground mounted base. Permanent detached signs in non-
residential zoning districts shall be on premises monument signs except as provided within this
Ordinance.
Movement Control Signs, Private. A sign which directs vehicular or pedestrian
movement within or on the premises such as but not limited to, entrance, exit, overhead
clearance and which does not advertise the name of the establishment. A logo may be
incorporated in the design of the sign; however the logo cannot occupy more than 45% of the
sign area.
Page 86
Multi-Tenant Commercial Development. A building or group of buildings including, but
not limited to, shopping centers, and office centers, constructed and managed as a total entity
with customer and employee parking provided onsite.
Off-Premise Sign. A sign that advertises, promotes, or pertains to a business, person,
organization, activity, event, place, service, product, etc. at a location other than where the sign is
located. Off-premise signs are prohibited in the City of The Colony and its extraterritorial
jurisdiction unless specifically allowed in this ordinance.
On-Premises Sign. Any sign located on-premises to which location, facility or place of
business the sign refers to.
Person. Any person, firm, partnership, corporation, company, limited liability company,
organization, business or entity of any kind.
Pole Sign. Any sign, which is erected on a vertical fi•amework consisting of one (1)
upright supported by the ground. With the exception of Pole Signs specifically authorized by this
Ordinance, Pole Signs are prohibited in the City of the Colony and its extraterritorial jurisdiction.
Political Signs. A sign that relates to the election, to a public office, a political party, a
matter to be voted upon at a public election, or contains primarily a political message.
Portable Signs. Any sign designed or intended to be relocated from time-to-time, whether
or not it is permanently attached to a building or structure, or is located on the ground. Portable
signs include signs on wheels or on portable or mobile structures, such as, among other things,
trailers, skids, banners, tents or other portable structures, A-frame signs, T-shaped signs, airborne
devices, or other devices used for temporary display or advertising. Portable signs are prohibited
in the City of The Colony and its extraterritorial jurisdiction, except as specifically allowed by
other sections of this ordinance.
Premises. A lot or unplatted tract, or a combination of contiguous lots or unplatted tracts
if the lot or tract, or combination is under single ownership and is reflected in the plat or abstract
records of the city. Multi-tenant locations shall be considered as one lot or tract.
Projecting Sign. A sign attached and projecting out from a building face or wall,
generally at a right angle to the building a maximum of twelve inches (12"). A Projecting Sign
may advertise the name, telephone number, street address, and/or website information of a
business.
Pylon Sign. A freestanding sign other than a pole sign, permanently affixed to the ground
by supports, but not having the appearance of a solid base.
Roof Sign. A sign mounted on and supported by the roof portion of a building or above
the uppermost edge of a parapet wall of a building and which is wholly or partially supported by
such a building or a sign that is painted directly to or applied on the roof or top of a building or
Page 87
structure. A sign that is mounted on mansard facades, pent eaves or architectural projections,
such as canopies or the wall of a building or structure shall not be considered to be a roof sign.
Roof signs are prohibited in the City of The Colony and its extraterritorial jurisdiction.
Searchlight Sign. Signs that are used to announce, direct attention to, or advertise
businesses and events or attractions. Searchlight signs are prohibited within the City of The
Colony and its extraterritorial jurisdiction.
Sign. Any form of publicity or advertising which directs attention to an individual,
business, commodity, service, activity, or product, by means of words, lettering, parts of letters,
figures, numeral, phrases, sentences, emblems, devices, trade names, or trademarks, or other
pictorial matter designed to convey such information and displayed by means of print, bills,
posters, panels, or other devices erected on an open framework, or attached or otherwise applied
to stakes, posts, poles, buildings or other structures or supports. This definition shall also include
any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol,
or writing to advertise, announce the purpose of a person or entity, or communicate information
of any kind to the public.
Sign, attached. Any sign attached to, applied on, or supported by, any part of a building
(such as a wall, roof, window, canopy, awning, arcade, or marquee) located on premises.
Sign, detached. Any on-premises sign not attached to any part of a building, except signs
on vehicles which are moving or are parked only temporarily, incidental to their principal use for
transportation.
Sign, inarguee. A sign; either attached or a detached monument sign, designed to allow
advertising or wording to be changed on periodic intervals.
Special Event Sign. Any self-supporting sign specifically announcing one (1) special
event sponsored by a civic, non-profit, or philanthropic an organization of public interest.
Special Event Signage shall be reviewed as a part of the overall Special Event Permit as set out
in the Code of Ordinances, City of The Colony.
Subdivision Entry Sign. A sign mounted to a screening wall or engraved into a masonry
block which identifies a development, either residential or non-residential, and generally refers to
the platted name of the subdivision or planned development.
Temporary Sign. Any sign constructed of plywood or other light materials and intended
for display for a short period of time.
"V" Shaped Sign. Any free standing sign constructed of two (2) panels in the form of a
"V", when seen from above, with a maximum angle between the panels of 45 degrees.
Vacant Building Sign. No sign shall be permitted to remain on any vacant building,
except a sign pertaining to the lease or sale of the building to which it pertains, or a sign which is
under lease from the owner or his/her authorized agent when such sign is maintained by a person
Page 88
operating under his/her own bond. Vacant building signage is prohibited in the City of The
Colony and its extraterritorial jurisdiction.
Vehicular Sign. Any sign on or in a moving vehicle or on any vehicle parked temporarily,
incidental to its principal use for transportation. This definition shall not include signs or
lettering on company vehicles that advertises only the company name, address and phone
number. Signs placed or affixed to vehicles and or trailers that are parked on a public right-of-
way, public property, or private property so as to be visible from public view where the apparent
purpose is to advertise or direct people to a business or activity located on the same or nearby
property shall be prohibited in the City of The Colony and its extraterritorial jurisdiction.
Wall Sign. A sign erected against an exterior wall, erected parallel to a wall or painted
directly onto a wall. A wall sign is a sign painted on or erected parallel to a wall or attached;
supported throughout its entire length by the building face. A wall sign identifies the name of a
business and/or logo of a business. A wall sign may include neon tubing attached directly to a
wall surface when forming a border for the subject matter or when forming letters, logos, or
pictorial designs. No building shall have both a wall sign and an awning sign on the same
building face.
Window Sign. Any sign, poster, window slick, or other similar displayed item excluding
banners, located on the internal or external surface of a window for the purposed of advertising a
business" name, telephone number, website, information, services, commodities, and/or products
offered or sold that are available within the building that is visible fi•orn the public view.
Wind Device. Any pennant flag, streamer, spinner, balloon, cloud buster balloon, or
similar devices made of cloth, canvas, plastic, or any flexible material designed to float or
designed to move, or moves freely in the wind, with or without a frame or other supporting
structure, used for the purpose of advertising or drawing attention to a business, commodity,
service, sale or product. Flags, inflatable device signs (IDS), and banners shall not be considered
a wind device. Wind device(s) are prohibited in the City of The Colony and its extraterritorial
jurisdiction.
Sec. 6-253. Measurements and permits required.
(a) Sign Area. For the purposes of this Section, sign area shall be measured as follows:
(1) Square or rectangular- sign: length times height of the sign.
(2) Irregular shaped sign: area of rectangles or triangles or combination thereof
necessary to enclose the sign face. Sign composed of individual cutout letters or
figures: sum of area of rectangles, or triangles necessary to enclose each letter or
figure.
(b) Sign Height. Measurement of sign height shall be fi•om either grade or street elevation.
Page 89
(c) Distance between Signs. Whenever a minimum distance between signs is indicated in
this code, it means horizontal distance measured fi-om the points as if each sign touched the
ground.
(d) Permits Required. Except as otherwise provided, no sign may be erected, relocated,
posted, painted, or maintained, and no advertising structure may be erected, relocated, or
maintained by any person without first obtaining a permit from the building official. In addition
to the permit required from the building official, electrical signs also require electrical permits
under the electrical code.
(e) Exceptions. No permit or fee is required for the following type signs, but such signs are
subject to all other provisions of this Section:
(1) Signs not exceeding one (1) square foot in area.
(2) Governmental Signs, for civic, non-profit, or philanthropic use only of public
interest only; which are regulated by a policy adopted by Council.
(3) Movement Control Signs, Private, which do not exceed four and half (4 '/2) square
feet and are no higher than three feet (3').
(4) National and State Flags
(5) Menu Boards that are a maximum of eight feet (8') in height and do not exceed
seventy-two (72) square feet in area. Only two (2) menu boards are permitted per
drive-thru.
(6) Signage for Special Events shall be reviewed with the Special Events Permit.
(f) Applications. All applications for sign permits must include a dimensioned drawing
illustrating the location and design of the sign, the height, base, frame materials, color schemes,
and letter size to be contained within the sign. If the sign is an electrical sign, electrical plans and
specifications, and a site plan showing the location of the sign is also required. When requested
by the building official, more detailed plans may be required and such plans may be required to
be prepared by a registered professional engineer or architect.
(g) Fees. Fees shall be as required by the Master Fee Schedule.
(h) Permit Expiration. A permit for a sign shall expire if the work is not completed within
180 days after work is commenced. A permit issued under this division for a sign which conflicts
with any provision of this Code is void.
(i) Required Inspections. All signs require an inspection by the building inspection
department prior to covering electrical work and at completion of sign construction.
Page 90
0) Construction Materials. All signs shall conform to the city's standard specifications for
building materials and design. Monument signs shall employ the same material, colors, and
textures as the associated primary structures. Monument and pylon signs adjacent to public right-
of-way shall be landscaped around the base, and may incorporate elements into the design to
protect the sign from vehicular damage.
(k) Prohibited Signs. A sign not referenced in or governed by this Ordinance; any sign
erected or installed without the issuance of a pennit, either prior to or after the adoption of this
Ordinance (if a permit was required); any sign that emits odor or visible matter; any sign erected
or installed in or over a public right-of-way or access easement, unless permitted within this
ordinance; any sign that does not comply with this or other applicable municipal ordinances, or
those which do not comply with Federal or State laws; or any sign not allowed or defined by this
ordinance; which include but not limited to:
(1) Billboards
(2) Pole Signs
(3) Portable and Marque Signs
(4) Roof Signs
(5) Vehicular Signs
(6) Searchlights
(7) Wind Devices
(8) Signs attached to fences, utility poles, and trees
(9) Signs that advertise events or businesses located outside the city limits of The
Colony.
(10) Temporary Signs, except as permitted in Table 6-256.
(11) Signs containing graffiti, obscene, indecent or immoral words, pictures,
descriptions or other matter.
(12) Signs that are illuminated to an intensity to cause glare or brightness to a degree
that could constitute a hazard or nuisance.
(13) Signs erected in violation of the building code of the city.
(14) Signs imitating traffic or emergency signs.
Page 91
(15) Changeable electronic variable message signs and other moving, flashing,
intermittently lighted, changing color, beacons, revolving or similarly constructed
signs shall not be allowed.
(1) Relocation. Notwithstanding any other provision of this ordinance, any sign which is a
legally existing nonconforming sign may be relocated on the same lot or tract of land if the sign
is required to be removed from its present location because the property upon which the sign is
located is acquired by any governmental agency or other entity which has or could have acquired
the property through the exercise of its power of eminent domain. Such relocated sign shall be
placed, insofar as possible to comply with all the provisions of the section.
Sec. 6-254. Enforcement authority.
(a) The Building Official, or their designee(s), any peace officer, and any code enforcement
officer is hereby authorized to issue a citation and to order the repair or removal of any
dilapidated, abandoned, illegal, or prohibited signs from property within the corporate city limits
of The Colony, in accordance with the enforcement mechanisms set forth in this section.
(b) If the owner of property fails or refuses to comply with this article, the city shall give
written notice to the property owner. The notice shall be delivered by mail to the owner or
mailed or the owners post office address. If delivery in person is not possible, or the owner's
address is unknown, notice shall be given by publication in the city's official newspaper at least
once.
(c) A notice of violation shall contain a statement setting forth the requirements of this
article, that the owner has ten (10) days from the date of this notice to correct the violation, if the
owner fails to correct the violation, the city will either abate the violation or issue a citation, and
if the owner fails to pay the cost for abatement, a lien shall be filed against the property to secure
all cost and fees.
(d) In the event that any temporary or portable sign is erected without a permit the Building
Official or their designee may remove any sign without notice and be impounded for five (5)
business days. Those signs may be redeemed by the owner upon payment of a fee as outlined in
the adopted fee schedule. All signs not redeemed within five (5) business days will be destroyed.
Sec. 6-255. Appeals to sign board of appeals.
(a) Creation of board. There is hereby established a sign board of appeal consisting of five
(5) current members of the board of adjustment and alternates. Alternate members may serve as
replacement members in the event of absence or disqualification.
(b) Quorum. A majority of members, which is three (3) members, shall constitute a quorum.
In the event of the absence of the chairman and vice-chairman, the three (3) members
constituting the quorum shall elect for that meeting a member to preside as acting chairman and
assume the duties of chain ian. All motions shall be decided by a simple majority to the motion.
(c) Meetings. All meetings shall be open to the public. The board shall establish the dates,
time and place of meetings.
Page 92
(d) Records. All proceedings of the sign board of appeal shall be recorded in minutes of
meetings and such minutes approved and made a matter of public record.
(e) Powers and duties. The sign board of appeal shall have the following powers and
perform the following duties:
(1) The sign board of appeal may hear and decide appeals which allege error in any
order, requirement, decision, or deternination made by the building official in connection
with the refusal to grant a pen-nit required by this article, the revocation of a permit
granted under the provisions of this article or a decision involving any substantive or
material interpretation of a provision of this article. The decision of the sign board of
appeal with regard to such appeal shall be final.
(2) A variance shall not be granted to relieve a self-created or personal hardship, nor
shall it be based solely on economic gain or loss. In order to make a finding of hardship
and to grant a variance fi•om this article, the board must determine that:
(A) The requested variance does not violate the intent of the ordinance.
(B) The requested variance will not adversely affect surrounding properties.
(C) The requested variance will not adversely affect public safety.
(D) Special conditions exist with are unique to the applicant or property.
(3) All action regarding variance requests shall become final.
(4) The sign board of appeal shall only exercise those duties which are provided in
this section.
Sec. 6-256. Registration of nonconforming portable and off-premises (billboard)
signs.
On or after the adoption of this ordinance, it shall be unlawful for any person to maintain any
off-premises (billboard) sign on any premises within the corporate limits and off-premises
(billboard) signs within the extraterritorial jurisdiction of the City of The Colony without having
valid registration tag affixed thereto as required in this section as follows:
(1) Application. To register a nonconforming off-premises (billboard) sign,
application shall be made to the Building Official on forms provided for that purpose.
The application shall be accompanied by the payment of the applicable fee and shall
contain the name and address of the owner of the sign, the exact location of the sign, the
date of placement and any other information reasonably required by the Building
Official.
(2) Issuance of Registration Tag. If the Building Official determines that the off-
Page 93
premises (billboard) sign is lawfully nonconforming off-premises (billboard) sign, he/she
shall issue a registration tag to the applicant. The owner of the sign shall cause the tag to
be affixed in a conspicuous place on the corresponding off-premises (billboard) sign
registered.
(3) Removed or Destroyed Signs. Any owner who removes or causes the removal of
any validly registered nonconforming off-premises (billboard) sign from any premises
shall, within five (5) business days of its removal, report the removal to the Building
Official.
(4) Invalidation of Registration. The Building Official shall invalidate any
registration tag for a nonconforming off-premises (billboard) sign when:
(A) It is removed from the premises for any reason;
(B) It has been damaged or destroyed so as to lose its nonconforming off-
premises (billboard) sign states as provided in the Section;
(C) It has become an abandoned sign.
Sec. 6-257. Signs allowed in specific zoning districts.
The type of signs allowed and special requirements relating to signs in specific zoning districts
are described in this Section. If no limitations are set for a particular zoning district, the general
specifications prescribed in this division for a particular type of sign prevail. It is unlawful for
any person to erect or maintain any sign in a zoning district mentioned in this Section unless
such sign is of a type specifically allowed in such district. Table 6-256 lists the signs allowed by
zoning district.
]l'i:Uc31L1?(o) "'i(oc;1P'I Jn~irll[]l']fli.'1®
SIGNS
l~rrS iiic $ by°7nh ',U~~oA.+t 1a~
® ' = u0ti4b e; (U)bl )°§it=5oGl + `
Residential districts
• Monument and wall signs as permitted by the
All SF and Duplex • Subdivision Entry signs Planning and Zoning Commission at times of site
districts • Temporary signs plan approval for nonresidential uses allowed in
(Garage Sale and Open residential districts
House only) • Temporary signs (All types of Temporary Signs)
• Window signs
All ME residential • Temporary signs (All • Monument and wall signs as permitted by the
districts types of Temporary Planning and Zoning Commission at the time of
Signs) site plan approval for nonresidential uses allowed in
residential districts
• Temporary signs (All types of Temporary Signs)
• Window signs
• Nonresidential districts
Page 94
• Business signs can be monument or wall signs,
All BP, SC, GR & 01 • Temporary signs provided that only one monument sign per business
districts (Political and Personal is allowed for each 150 feet of street frontage
Property Signs only) . All signs permitted, unless otherwise specified in this
ordinance
• One wall sign per street frontage (per tenant)
• Illuminated signs, provided that they are not erected
within 100 feet of a residential district
• Transportation signs on parking lots
• Window signs
• Temporary signs (Political and Personal Property
Signs only)
All BP and GR districts • Temporary signs • All signs permitted in the BP and GR districts, unless
(Political and Personal otherwise specified in this ordinance
Property Signs only) (Political and Personal Property Temporary Signs
only)
• Directional signs i
• Temporary signs • All signs permitted in the BP and GR districts,
All BP, GR, and SC
districts ~(Political and Personal unless otherwise specified in this ordinance
Property Signs only) (Political and Personal Property Temporary Signs
only)
* Note. Signs displaying noncommercial messages are allowed in any zoning district.
Sec. 6-258. Specific criteria for certain signs.
(a) Monument Signs - Single Tenant Nonresidential Uses
(1) Location. Signs shall not be placed in that portion of any corner lot in the city
which portion is included in a triangle of the street corner of the lot formed by a
diagonal line intersecting the curbline, at twenty feet (20') from the street corner
intersection of the curbline.
(2) Height. The maximum allowable overall height of the sign including the base,
measured from existing grade or ground level is ten feet (10'). Creating a grade
by berming or adding fill to increase the height of the sign is prohibited.
(3) Sign Area. The sign area illustrating the business name or retail center name must
not exceed forty-eight (48) square feet. The overall sign area, including the base
and/or supporting fi•ame, may be no more than eighty (80) square feet.
(4) Construction Material. Monument signs shall have bases and exterior frames that
feature the same material combination and color as the primary structure.
(5) Setback. The entire body of the sign must be at least ten feet (10') from the
property line. If the monument sign is located within or adjacent to a parking area,
landscaping and distance fi-om paving must be as approved by the Sign Advisory
Board.
Page 95
(6) Lighting. Single-faced or double-faced sign lighting is allowed. Lighting is
permissible by back fluorescent or accent lighting. No lighting shall produce shine
or produce glare onto public streets or adjacent residential property.
(7) Distance Between Signs. The minimum distance between monument signs shall
be 150 feet per premise, unless otherwise authorized by the Planning and Zoning
Commission.
(b) Monument Signs for Multi-Tenant Commercial Development
(1) Height. The Planning and Zoning Commission may consider the maximum
allowable overall height of the sign, including the base measured from existing
grade or ground level or grade of main travel lane, to thirty feet (30'). Creating a
grade by berming or adding fill to increase the height of the sign is prohibited. A
monument sign located in the Gateway Overlay District that exceeds thirty feet
(30') in total height may be considered during the site plan approval process or if
a site plan has already been approved for the property then a revised site plan
must be approved by Council in accordance with the Zoning Ordinance. In such
consideration, a study of the viewing distance of such sign and if the sign
hampers, hinders or interferes with visibility of adjacent properties or uses, and if
the sign is compatible with the corridor on which it is composed in relation to
height, width, depth, colors, messages and message style, angles, and affects on
adjacent properties and/or uses will be required.
(2) Sign Area. The total sign area excluding the base must not exceed 100 square feet.
The overall sign area, including the base and/or supporting frame, must not
exceed 150 square feet.
(3) Construction Material. Unless alternatives are approved by the Planning and
Zoning Commission, monument signs shall have bases, and exterior frames of the
same material combination and color as the primary structure. Bases shall be a
minimum of two feet (2') in height for signs less than five feet (5') in total height.
For signs greater than five feet (5') in total height, the base must be at least forty
percent (40%) of the sign height, but no less than two feet (2') high. All bases
must have a minimum width of one foot (1').
(4) Setback. The entire body of the sign must be at least ten feet (10') from the
property line.
(5) Lighting. Single-faced or double-faced sign lighting is allowed. Lighting is
permissible by back fluorescent or accent lighting. No lighting shall shine or
produce glare onto public streets or adjacent residential properties.
(c) Signs for Multiple Buildings Located on Single Premises: Signs located in the front yard
of lots containing multiple main buildings which are separate and independent buildings
must adhere to the following guidelines:
Page 96
(1) Wall signs are allowed.
(2) Monument signs are allowed if the main building exceeds 3,000 square feet.
(3) No monument sign may be spaced closer than 150 feet along the street frontage
for any one lot or development.
(4) The monument sign criteria stated above in this Section applies.
(d) Pylon Signs
(1) Location. Permitted for multi-tenant properties located within the frontage of
State Highway 121 and located within the Gateway Overlay District. One (1)
multi-tenant pylon sign on sites containing six (6) or more acres of land or one (1)
pylon sign for a minimum of two (2) contiguous lots containing a minimum of
three (3) acres for the purpose of identifying business establishments. Must be
setback ten feet (10') from any property line or easement line.
(2) Size and Height. Pylon signs shall have a maximum height of forty feet (40')
measured from grade. Multi-tenant signs shall have a maximum effective area of
250 square feet per side if a double faced sign. Two (2) or more contiguous lots
shall have a maximum effective sign area of 500 square feet per side if double
faced sign. Support material shall contain two (2) vertical supports to be located
at the outer extremities of the sign face, single pole signs are prohibited. The
vertical supports (pole) shall be of an approved metallic or non-wooden material.
(e) Awning Signs
(1) Location. In no case shall the supporting structure of an awning sign extend into
or over the right-of-way. No building shall have both a wall sign and an awning
sign on the same building face. An awning sign shall only be permitted in
conjunction with a nonresidential use or in a nonresidential zoning district.
(2) Size and Height. The maximum height of an awning sign shall not exceed four
feet (4'). The width of an awing sign shall not exceed seventy-five percent (75%)
in length of an awning.
(3) Construction Materials. Awning signs must be constructed of rigid or non-rigid
canvas, metal, wood, or other similar material approved by the Building Official.
Awning signs shall be secure and may not swing, sway, or move in any manner.
An awning sign shall not contain any moving devices.
(f) Projecting Signs
Page 97
(1) Location. A projecting sign is permitted only in conjunction with a nonresidential
use or nonresidential zoning district. When a projecting sign is constructed over a
pedestrian sidewalk, a minimum of nine feet (9') clearance shall be provided
between the grade of the sidewalk and the lowest portion of the projecting sign.
(2) Size and Height. A projecting sign shall not extend above a building wall. The
maximum area of a projecting sign is twelve (12) square feet.
(g) mall Signs
(1) Sign Area. A wall sign may be up to ten percent (10%) of the facade or sixty (60)
square feet, whichever is greater. There is no limit on the number of signs on
each facade.
(h) Banners
(1) Location. A banner shall be securely attached to the front, side or rear face of a
building. A banner shall not face a residential neighborhood, unless separated by
a major thoroughfare. Upon approval from the building inspection and traffic
divisions a banner may be allowed to cross City right-of-way.
(2) Size and Height. No portion of a banner shall exceed the height of the wall or
exceed forty-eight (48) square feet in area. A banner shall be placed a minimum
of nine feet (9') above grade at any pedestrian walkway. In the case of a multi-
tenant commercial development no one (1) development may have more than
three (3) active banner permits at one time.
(3) Timeframe. A permit is required and is only good for a maximum of thirty (30)
days. Only four (4) banner permits are allowed per business per calendar year
with thirty (30) days between each permit.
(4) Grand Opening Banners. The City will allow one (1) grand opening banner for
the introduction, promotion, or announcement of a new business, store, shopping
center, or office, or the announcement or introduction or promotion of an
established business changing ownership or location. A permit shall be required
however fees will be waived.
(i) Inflatable Device Signs (IDS)
(1) Location. An IDS shall not be located within the required parking area,
driveways, fire lanes, or the public right-of-way.
(2) Height. Maximum height of an IDS shall be thirty feet (30').
(3) Tirneframe. One (1) IDS is permitted per platted lot. In the case of multiple
businesses or tenants on a platted lot, each business is permitted to erect an
Page 98
inflatable device three (3) times per calendar year, for a maximum of ten (10)
days each, provided that no more than one (1) inflatable device is located on the
lot at any time and the minimum of thirty (30) days elapse between the removal of
a permitted IDS by one (1) business and placement of another IDS by another
business.
(j) Temporary Signs
(1) Garage Sale /Open House Temporary Signs
(A) Location. Signs shall not be located within any state right-of-way or
median.
(B) Size and Height. Signs shall not exceed three feet (3') in height or exceed
three (3) square feet in area. A maximum of two (2) signs are permitted
per lot.
(C) Timefi°ames. Signs can only be displayed from 8 a.m. on Friday to 8 a.m.
on Monday.
(2) Property Sale and Lease Temporal y Signs
(A) Location. Signs shall not be located within any state right-of-way or
median.
(B) Size and Height:
(i) Residential: Signs shall not exceed three feet (3') in height or
exceed six O 6 square feet in area.
(ii) Non-residential: Signs shall not exceed ten feet (10') in height or
exceed sixty (60) square feet in area.
(C) Timeframes: Signs must be removed within seventy-two (72) hours after
the property has been sold or leased.
(3) Political Signs
(A) Location. Signs shall not be located within any public right-of-way or
median.
(B) Size and Height. Signs shall not exceed eight feet (8') in height or exceed
thirty-six (36) square feet in area. Political signs shall not contain any
moving elements or parts.
Page 99
(C) Tim ./names. Signs can only be displayed ninety (90) days before early
election and must be removed within ten (10) days after the general
election day.
(4) Temporary Construction
(A) Location. Signs shall not be located within any public right-of-way or
median, except as otherwise permitted.
(B) Size and Height. Signs shall not exceed ten feet (10') in height or exceed
sixty (60) square feet in area. A maximum of three (3) temporary
construction signs are allowed per lot at one (1) time.
(C) Timeframes. Signs must be removed within seventy-two (72) hours after
issuance of a green tag or a certificate of occupancy, whichever comes
first.
Secs. 6-259 - 6-269. Reserved.
Article. XII. Recreational Vehicle Regulations
See. 6-270. Definitions.
The following words, terms and phrases shall have the meanings respectively ascribed to them in
this section, except where the context clearly indicates a different meaning:
Camper shell shall mean a small housing or rigid canopy used as a pickup truck accessory for
use as temporary living quarters during travel, recreation or vacation use. The housing is usually
made of fiberglass or aluminum, is mounted atop the pickup truck's rear bed, generally covers
the entirety of the pickup truck bed, and is large enough to be used for camping purposes. This
structure shall be considered a dependent house trailer.
Dependent house trailer shall mean a trailer or structure which does not have sewer or water
connections, a flushable toilet, a tub or shower, or a lavatory or sink within the unit.
Driveway shall mean the vehicular accessway from a street to a dwelling or garage that is located
between the street right-of-way and the front plane of the building upon and which a hard surface
is placed and used for vehicles to travel or park upon.
Independent house trailer shall mean a trailer which has approved sewer and water connections
to accommodate, and containing, a flushable toilet, a tub or shower, and a lavatory or sink within
the unit.
Owner shall mean any person who has control, direction, maintenance or supervision of such
trailer, whether as owner or otherwise.
Page 100
Overnight stay shall mean the habitation of a recreational vehicle between the hours of 8:00 p.m.
and 8:00 a.m.
Person shall mean any individual, firm, trust, partnership, public or private association or
corporation.
Recreational vehicle shall mean an independent house trailer including, but not limited to, any of
the following:
(1) Folding camping trailer. Also known as a pop-up trailer; a light-weight unit with
sides that collapse for towing, mounted on wheels and designed for travel,
recreation and vacation use.
(2) Travel trailer. A portable structure built on a chassis; designed to be used as a
temporary living quarters for travel, recreational or vacation uses; and, when
factory equipped for the road, it shall have a body width not exceeding eight and
one-half feet, and a body length not exceeding forty feet (40'). Travel trailers are
nonmotorized and must be pulled by a motor vehicle in a fifth wheel or bumper
pull capacity.
(3) Motor home. A vehicular unit which does not exceed the length and width
limitations provided by law, is built on a self-propelled motor vehicle chassis and
is primarily designed to provide temporary living quarters for travel, recreation
and vacation use.
Recreational vehicle park shall mean any development, site, parcel or tract of land designed,
maintained or intended to be used for the purpose of providing short term accommodation up to
and including thirty (30) days or less for placement of two (2) or more recreational vehicles, and
shall include all buildings used or maintained for use of the occupants in the park.
Residential zoning district shall mean SF-1, SF-2, SF-3, SF-4, D, and TH zoning districts as
defined by the Code of Ordinances, appendix A, as amended. Residential properties in planned
development (PD) districts shall be included if storage is permitted in the approved special
regulation adopted in accordance with the Code of Ordinances, Appendix A, as amended,
concept or development plan.
Sanitary station shall mean a facility consisting of:
(1) A four inch (4") sewer riser pipe connected to a sewerage system;
(2) Surrounded at the inlet end by a concrete apron sloped to the drain;
(3) Provided with a suitable hinged cover; and
(4) A water outlet with necessary appurtenances used for removing and disposing of
wastes from a recreational vehicle's holding tanks.
Page 101
Street shall mean and include any street, alley, avenue, lane, boulevard, drive, public place, or
highway commonly used for the purpose of travel within the corporate limits of the city.
Storage of recreational vehicles shall mean a recreational vehicle as defined above that is
parked, stored, or otherwise maintained on a lot or property, as permitted herein, that:
(1) Is not occupied for living or sleeping purposes;
(2) Is not connected to electricity or water service; and
(3) Is stored in its collapsed position, if it is of the collapsible type.
Sec. 6-271. Recreational vehicle parks.
Recreational vehicle parks shall be permitted only in zoning districts allowed by the
comprehensive zoning ordinance, as provided in the Code of Ordinances, Appendix A, as
amended.
Sec. 6-272. Storage of recreational vehicles-by zoning districts.
(a) Nonresidential zoning districts. Storage of recreational vehicles in nonresidential zoning
districts is permitted only in zoning districts that permit "Storage, open (with screening)" or in
other zoning districts when used as a temporary construction trailer. Storage of recreational
vehicles in nonresidential zoning districts is permitted only under the following guidelines:
(1) A certificate of occupancy is required prior to storage of vehicles. Zoning-
ordinance regulations will limit the maximum number of vehicles based on lot
coverage, parking standards, and/or applicable regulations under the Code of
Ordinances, as amended.
(2) Vehicles shall be parked on a permanent, hard-surfaced area which shall consist
of concrete, asphalt, brick, or comparable surface;
(3) The parking pad site must be of an adequate size to accommodate parking of all
tires on the vehicle at one time;
(4) No recreational vehicle can be parked upon any public street or alley within the
city in accordance with section 19-24 of the Code of Ordinances; and
(5) Recreational vehicles shall not block public sidewalks, streets or alleys.
(b) Residential zoning districts. Storage of recreational vehicles in residential zoning districts
is permitted only under the following guidelines:
(1) Vehicles shall not be commercial type;
(2) No more than one (1) recreational vehicle is permitted per lot;
Page 102
(3) Vehicles shall be parked on a permanent, hard-surfaced area which shall consist
of concrete, asphalt, brick, or comparable surface;
(4) The parking pad site must be of an adequate size to accommodate parking of all
tires on the vehicle at one tinge;
(5) Vehicles must be stored in the side or rear yard upon an improved surface other
than a driveway located in the front yard;
(6) No vehicles can be parked upon any public street or alley within the city in
accordance with section 19-24 of the Code of Ordinances; and
(7) Vehicles shall not block public sidewalks, streets or alleys.
Sec. 6-273. General regulations.
(a) Discharging of gray and black ivater. No person shall cause, permit or allow liquid
wastes from sinks, commonly known as gray water, or toilets, commonly known as black water,
shall be discharged onto or allowed to accumulate on the ground surface. Gray and black water
must be discharged in an approved sanitary station.
(b) Private driveways and storage areas. Private driveways and storage surfaces shall be
maintained in good, safe condition and be free of litter, holes, excavation, protrusions, cracks or
other failures that may affect the use, safety, appearance, or drainage of the property or of the
adjoining property.
(c) Temporary on-street parking. Notwithstanding section 19-24 of the Code of Ordinances,
a recreational vehicle may be temporarily parked on the street for the purpose of loading and
unloading for not more than seven (7) occasions each calendar year. Each occasion shall be
defined as one continuous twenty-four (24) hour period, or part thereof, for loading and one (1)
twenty-four (24) hour continuous period for unloading. Each occasion shall be separated by at
least two (2) full calendar days regardless of the length of time used for loading or unloading of
the vehicle.
(d) Electrical connections. Recreational vehicles may be connected to the primary structure's
electrical wiring system when an approved type of disconnecting device and over current
protective equipment are provided. The service per outlet shall be 120 volts AC, 15 amperes or
30 amperes or in accordance with the adopted National Electric Code, whichever is more
restrictive.
(1) Outlet receptacles at each driveway or storage area shall be located not more than
twenty-five feet (25') from the recreational vehicle. Receptacles shall be of
weatherproof construction installed in accordance with the adopted National
Electric Code.
Page 103
(2) Recreational vehicles shall be connected to the outlet receptacle by an approved
type of flexible cable with connectors and plug.
(3) All exposed noncurrent-carrying metal parts shall be grounded by means of an
approved grounding conductor with branch circuit conductors or other approved
method of grounded metallic wiring. The neutral conductor shall not be used as an
equipment ground for recreational vehicles or other equipment.
(e) Overnight stay in recreational vehicles --By zoning districts.
(1) Nonresidential zoning districts. Overnight stay in nonresidential zoning districts is
not permitted. Recreational vehicles, however, may be used for temporary
construction trailers as an accessory use to an active construction site and
occupied during active construction activity during the hours of 6:00 a.m. to 9:00
p.m.
(2) Residential zoning districts. Overnight stay in a recreational vehicle in residential
zoning districts in accordance with this section is permitted only under the
following guidelines:
(A) Recreational vehicles shall be parked on a permanent, hard-surfaced
driveway which shall consist of concrete, asphalt, brick, or comparable
surface that provides access to a garage, carport or other approved parking
area;
(B) Recreational vehicles must be parked in the front, side or rear yard upon
any driveway or improved surface required above;
(C) Overnight stay is limited to a maximum of fourteen (14) days during a
calendar year.
(D) Electrical and water connections to the vehicle must be in accordance with
manufacturer recommendations; however, no water or electrical
connection can be longer than twenty-five feet (25') between the
recreational vehicle and its source.
Sec. 6-274. Deed restrictions.
Nothing contained within this article shall be construed to supersede any private deed restrictions
or covenants which permits the use of vehicle regulations contained herein.
Sec. 6-275. Penalty for violation.
Any person, firm, or corporation violating any of the provisions of this article shall be deemed
guilty of a misdemeanor and, upon conviction in the municipal court of the city, shall be
punished by a fine not to exceed the sum of $2,000.00 for each offense. Every day a violation
occurs shall constitute a separate offense."
Page 104
SECTION 4. That Chapter 10, Sections 10-1 to 10-108, of the Code of Ordinances of
the City of The Colony, Texas, entitled "Health and Sanitation" is repealed in its entirety, and is
reserved for future use.
SECTION 5. 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 6. 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 7. 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 Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 8. 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 5th day of October, 2010.
!rte
Joe/ McCourry ayor
ATTEST:
l
Christie Wilson, City Secretary'
APPROVED AS TO FOR :
:f IfIVfcSari, y Attorney
Irr Si
S
t.
Page 105
r~_