Codification Notes:

Ord. No.	Adopted	Codified	Status
100-14	Jan 5, 2001	TITLE 8	ACTIVE

ORDINANCE NO. 100-14

AN ORDINANCE OF THE CITY COUNCIL OF HAWK COVE, TEXAS, PROVIDING FOR THE REGULATION OF RENTAL DWELLING UNITS, DEFINING TERMS USED, ESTABLISHING POWERS AND DUTIES OF THE BUILDING OFFICIAL, ESTABLISHING MINIMUM STANDARDS FOR RENTAL DWELLING UNITS AND RESPONSIBILITIES OF LANDLORDS, ESTABLISHING REPONSIBILITIES OF TENANTS, ESTABLISHING REPAIR DUTIES OF LANDLORDS AND REPAIR NOTIFICATION REQUIREMENTS OF TENANTS, ESTABLISHING AFFIRMATIVE DEFENSES, ESTABLISHING RENTAL AGREEMENTS, DISCLOSURE, AND ADMINISTRATIVE RESPONSIBILITIES OF TENANTS ,FORBIDDING RETALIATORY EVICTIONS, ESTABLISHING PENALTIES, REQUIRING LICENSES, ESTABLISHING PROCEDURES FOR APPLICATIONS AND RENEWALS, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR PUBLICATION.

SECTION 1 - DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

ACTOR means a person identified in a complaint as having committed an offense under this article or whose criminal responsibility is an issue in a criminal action.

APARTMENT BUILDING means any structure containing three (3) or more dwelling units

APARTMENT COMPLEX means one (1) or more adjacent apartment buildings, which are under common ownership and management.

BATHROOM means an enclosed space containing one (1) or more bathtubs, showers, or both, and which may also include toilets, lavatories or fixtures serving similar purposes.

DWELLING UNIT means a house, apartment, structure, or that part of a structure, which is used as a home, residence or sleeping place by one (I) family.

FAMILY means an individual or two (2) or more persons related by blood, marriage or adoption, living together as a single housekeeping unit.

LANDLORD means the owner, property manager or resident manager of dwelling unit, apartment building, or any other person held out by any owner or property manager as the appropriate person with whom the tenant normally deals with, concerning the rental agreement, apartment building or dwelling unit. Landlord also means the grantor(s) in a lease/purchase agreement for a dwelling unit.

LENDER means any person claiming, or in whom is vested, the ownership, dominion or title of real property, including, but not limited to:

1 Holder of fee simple title;

2. Holder of life estate;

3. Holder of a leasehold estate for an initial term of five (5) years or more;

4. The buyer in a contract for deed;

5. A mortgagee, receiver, executor or trustee in control of real property, but not Including the holder of a leasehold estate or tenancy for an initial term of less than five (5) years.

PERSON includes an individual, corporation, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

PLUMBING FIXTURES include gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, dishwashers, garbage disposal units, clothes washing machines, catch basins, wash basins, bathtubs, shower tubs, sewer pipes, sewage systems, septic tanks, drains, vents, traps, and other fuel-burning or water using fixtures and appliances, together with all connections to pipes.

PREMISES means a lot, plot or parcel of land, including any structure thereon, and furthermore, including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant.

PROPERTY MANAGER means a person who, for compensation, has managing control of real property for the owner.

RENTAL AGREEMENT means and includes all written agreements, which establish or modify the terms, conditions, rules, regulations or any other provisions concerning the use and occupancy of a dwelling unit in an apartment building.

RESIDENT MANAGER means a property manager who resides m an apartment building.

STRUCTURE means that which is built or constructed, am edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

TENANT means any person who occupies a dwelling unit, for living or dwelling purposes with the landlord's consent.

SECTION 2: BUILDING OFFICIAL, POWERS AND DUTIES

(a) The building official is hereby designated as the administrator of this article. The building official may designate other city employees to perform the duties.

(b) In addition to the powers and duties otherwise prescribed for the building official, as administrator of this article, he is required to:

(1) Administer and enforce all provisions of this article.

(2) Keep records of all licenses issued.

(3) Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of application for licenses, the investigation of applicants, and other matters incidental or appropriate for the proper administration and enforcement of the provisions of this article; and

(4) Conduct on his own initiative, periodic investigations of apartment buildings and rental homes throughout the city, concerning their compliance with this article.

SECTION 3. MINIMUM STANDARDS, RESPONSIBILITIES OF LANDLORD

(a) PROPERTY STANDARDS. A landlord shall:

(1) Eliminate a hole, excavation, sharp protrusion, and other objects or conditions that exist on the premises and are reasonably capable of causing injury to a person;

(2) Securely cover or close a well, cesspool or cistern;

(3) Provide an adequate number of solid waste receptacles or containers on the premises of all apartment buildings;

(4) Provide drainage to prevent standing water and flooding on the land;

(5) Remove dead trees and tree limbs that are reasonably capable of causing injury to a person;

(6) Keep the doors and windows of a vacant dwelling unit or vacant portion of an apartment building securely closed to prevent unauthorized entry;

(7) Keep all areas of apartment buildings, grounds, facilities and appurtenances in a clean and sanitary condition.

(b) STRUCTURAL STANDARDS. A landlord shall:

(1) Protect the exterior surfaces of a structure which are subject to decay, by application of paint or other coating;

(2) Provide and maintain railings for stairs, steps, balconies, porches, and elsewhere as specified in the Uniform Building Code;

(3) Repair holes, cracks and other defects reasonably capable of causing injury to a person in stairs, porches, steps and balconies;

(4) Maintain a dwelling unit or apartment building in a weathertight and watertight condition;

(5) Maintain floors, walls, ceilings and all supporting structural members in a sound condition, capable of bearing imposed loads safely;

(6) Repair or replace chimney flue and vent attachments that do not function properly;

(7) Repair holes, cracks, breaks and loose surface materials that are health or safety hazards in or on the floors, walls and ceiling.

(c). UTILITY STANDARDS. A landlord shall:

(1) Provide and maintain in working order connections to discharge sewage system from a structure or land into an approved septic system or public sewer system;

(2) Provide and maintain in working order a toilet to a water source and to a septic system or a public sewer in each dwelling place;

(3) Provide and maintain in working order connections and pipes to supply potable water at adequate pressure to a dwelling unit;

(4) Provide and maintain a devise to supply hot water of a constant minimum temperature of one hundred and twenty (120) degrees Fahrenheit within each dwelling unit;

(5) Provide, connect and maintain in working order a kitchen sink, bathtub or shower and lavatory to a cold and hot water source in a dwelling unit;

(6) Connect plumbing fixtures and heating equipment that the owner supplies in accordance with the plumbing code and mechanical code;

(7) Provide heating equipment capable of maintaining a minimum inside temperature of sixty-eight (68) degrees Fahrenheit in each room of a dwelling unit;

(8) In dwelling units which are air-conditioned, provide and maintain air conditioning equipment capable of maintaining a maximum inside temperature of seventy-eight (78) degrees Fahrenheit, with an outside temperature of ninety-eight (98) degrees Fahrenheit;

(9) Provide and maintain supply lines for electrical service to each dwelling unit;

(10) Connect each heating device that burns solid fuel to a chimney or flue;

(11) Provide and maintain electrical circuits and outlets sufficient to safely carry a load imposed by normal use of appliances and fixtures;

(12) Maintain all electrical, plumbing, heating and other facilities supplied by the owner in good working condition at all times, and

(13) Pay all utility bills on time to prevent all cut-off of utilities by utility companies, if utilities are part of the lease agreement

(d) HEALTH STANDARD landlord shall:

(1) Eliminate rodents and vermin in or on the land;

(2) Maintain the interior of a vacant structure or vacant portion of a structure free from rubbish and garbage;

(3) Keep the interior of a vacant structure or vacant portion of a structure free from insects, rodents and vermin; and

(4) For apartment buildings, provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish, garbage and other waste materials and to arrange for frequent removal of such waste materials.

(e) DEFENSE TO PROSECUTION. It is a defense to prosecution under subsection (a) of this section that the Premises concerned is the site of new construction and reasonable and continuous progress is being made to complete the construction.

SECTION 4. RESPONSIBILITIES OF TENANT

(a) A tenant shall:

(1) Maintain the interior of a dwelling unit occupied by the tenant free from rubbish and garbage;

(2) Remove an animal or animals from a dwelling unit if the presence of the animal or animals is a health hazard to a tenant;

(3) Connect plumbing fixtures and heating equipment that the tenant supplies in accordance with the plumbing code and the mechanical code;

(4) Place all ashes, rubbish, garbage and any other waste material in the appropriate receptacles if provided for same by the landlord;

(5) Not alter a structure or its facilities so as to create a nonconformity with section;

(6) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;

(7) Not deliberately or intentionally destroy, deface, damage, impair or remove any part of the premises of knowingly permit any person to do so;

(8) Conduct himself, and require other persons on the premises with his consent to conduct themselves, in a manner that will not disturb his neighbor's peaceful enjoyment of the premises. For purposes of this article such unpermitted conduct includes, but is not limited to any loud playing of music, television, radio, instrument or any other mechanical device;

(9) When vacating the apartment, remove all trash and debris or risk the loss of a portion of the security deposit.

SECTION 5. REPAIR DUTIES

(a) The landlord has the duty to furnish and maintain premises in accordance with the standards enumerated in Section 3. In addition, the landlord shall at times during the occupancy of a tenant make all repairs necessary to keep and maintain the premises in accordance with the standards provided for in Section 3.

(b) The landlord shall provide to all tenants an emergency telephone number which is answered at all times during the day.

(c) Upon notice by the tenant in writing of any defective condition in the premises or dwelling unit in noncompliance with the standards stated in Section 3, the landlord shall repair such condition within a reasonable period of time. If the landlord fails to complete such repairs within seven (7) days, the tenant may file a complaint in writing to the building official for enforcement of the article. The building official shall establish a time in which the repair must be completed, based upon the nature of and the difficulty involved, and shall issue a citation if the defect is not corrected within such reasonable time.

(d) In emergency situations, the tenant shall notify the landlord immediately by way of the emergency telephone number. For purposes this article, "emergency situations" are defined as a stopped up commode, overflowing bathtub or sink, broken pipes, leaking roof, immediate adverse effects on the health or safety of the tenant or his/her property.

Upon notification, the landlord shall respond immediately and furnish assistance to the tenants within one (1) hour from such notification, where possible.

SECTION 6. NOTICE REQUIREMENTS

(a). A person "notifies" or "gives a notice or notification" to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know it. A person "receives" a notice or notification when:

(1) It comes to his attention; or

(2) In case of the landlord, it is delivered at the place of business of the landlord, through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence.

(b) A tenant may not file a complaint with the building official under the terms of this article until seven (7) days have elapsed following written notice to the manager.

SECTION 7. AFFIRMATIVE DEFENSES

Notwithstanding all other sections of this article, it will be an affirmative defense to a complaint if the defendant landlord or tenant is able to establish that:

(a) The noncomplying condition described in the complaint was repaired within the prescribed time limits set forth in Section 5;

(b) The noncomplying condition was repaired within the time units established by the building official, or that the period for repair was reasonable due to circumstances beyond the control of the landlord;

(c) The required notice in Section 5 was not provided;

(d) The noncomplying condition was caused by the deliberate or intentional conduct of the complaining party;

(e) The noncomplying condition could have been corrected but for the tenant's refusal to permit access to his apartment.

SECTION 8. RENTAL AGREEMENT; DISCLOSURE; ADMINISTRATIVE RESPONSIBILITIES

(a) A landlord shall disclose to the tenant, by properly posting in the office, the name and address of

(1) Each property manager and resident manager;

(2) The management company responsible for the operation of the company;

(b) A landlord shall leave notice of entry, whenever it is necessary to enter an apartment or dwelling unit without the specific permission of the tenant. Such notice shall include date, time, purpose and the person who has entered the dwelling or apartment unit.

(c) The landlord shall distribute to all tenants a copy of this, describing the rights and responsibilities of the tenants, and shall keep a logbook with name, date and signature of the person receiving it, for a period of one (1) year, for official use by the city.

SECTION 9. RETALIATORY EVICTION

(a) A landlord shall not retaliate against a tenant by increasing rent or cutting off utilities, or evict the tenant from the premises because:

(1) The tenant has made a complaint to the building official about conditions in the apartment or dwelling unit which might not be in compliance with the health, housing or fire codes, as required by this article and the Code, and which conditions materially affect the health and safety of the tenant, and the condition was not caused by the tenant;

(2) The tenant makes a general complaint to the landlord about violation of his rights under this article;

(3) The tenant files complaint against landlord under this article (b) Even if the tenant claims '"retaliation"' the landlord may still evict him or her, if:

(A) The rent is overdue;

(B) There are code violations caused by the tenant or his or her visitor;

(C) The tenant is damaging property, disturbing the peace, or using the apartment for illegal purposes.

SECTION 10. PENALTIES

(a) Any person violating any provision of this ordinance shall upon conviction thereof, be subject to a fine of not exceeding five hundred dollars ($500.00) per day.

(b) After notice, a person who knowingly continues to violate a provision of this article, or fails to perform an act required of him by this article, commits an offense, and upon conviction thereof, shall be fined as specified in Section 10(a) of this Code. A person commits a separate offense each day or portion of a day during which a violation occurs or continues.

SECTION 11 LICENSE REQUIRED

(a) Any person, business, partnership, firm or corporation which has, maintains, conducts, operates, rents, or offers to rent any dwelling unit within the corporate limits of Hawk Cove, Texas, must obtain a landlord license from the building official within ninety (90) days of the passage of this ordinance. The license issued to an owner authorizes such owner and its bona fide agents or employees to rent dwelling units to tenants.

(b) An applicant for a license shall file with the building official a written application upon a form provided for that purpose by the City of Hawk Cove, Texas. The application shall be signed by the owner, Should an applicant have dwelling units at more than one location, a separate form is required for each location, and such form will be provided by the City of Hawk Cove as part of the application. The following information shall be required in the application: NAME, PRIMARY ADDRESS, TELEPHONE NUMBER OF THE OWNER, PROPERTY MANAGER AND RESIDENT MANAGER IF ANY, AND LENDER IF ANY, STREET ADDRESS OF THE DWELLING UNIT(S). If the owner of the business is a corporation, the name of the registered agent on file with the secretary of state. The building official may at any time, require additional information on the owner or property manager, if any, to clarify items on the application

(c) If the dwelling unit(s) being licensed have a resident manager, the owner is required to notify the building official of the notice of change, together with name, address and telephone number of the new manager, within ten (10) days.

(d) Each permit granted pursuant to this ordinance shall expire on December 31, of each year. A non-refundable permit fee of fifty ($S0.00) dollars per year shall be charged for each full year, or a prorated fee shall be charged if the permit is first issued for less than a full year.

(e) An existing permit may be renewed by the payment of the fifty ($50.00) dollars annual fee on or before January 1st of each succeeding year, unless the permit has been otherwise cancelled by the City Council.

SECTION 12. REVOCATION

(a) The Building Official shall revoke or suspend any permit issued under this section, after ten (10) days notice by registered or certified mail, upon a hearing before the City Council for any of the following grounds:

(1) Violation of any of the provisions of this ordinance.

(2) Failure or refusal to comply with of to maintain requirements and standards set forth in this ordinance.

(b) APPEALS. Upon revocation or suspension of any permit issued under this ordinance, after notice and hearing as set forth above, the holder of any such revoked or suspended permit may appeal the decision to the City Council. Said request for appeal must be filed within fifteen (15) days of revocation of the permit. After hearing the evidence, the City Council shall determine whether such permit should be revoked or suspended, and for what period. If it is found by the City Council that the permit should be revoked or suspended, such revocation or suspension shall be effective immediately without further notice or action.

SECTION 13. SEVERABILITY CLAUSE.

If any section, article, paragraph, sentence, clause, phrase or word in the Ordinance or application thereof, to 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 the Ordinance; and the City Council hereby declares it would have passed such remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 14. REPEALER

All ordinances or parts of ordinances of the City of Hawk Cove, Texas in conflict with or inconsistent with this ordinance are repealed to the extent of the conflict or inconsistency.

SECTION 15. ISSUANCE OF CERTIFICATES OF OCCUPANCY

No certificates of occupancy will be issued for a rental dwelling unit unless:

(1) The owner of the dwelling unit holds a valid landlord's license issued under this ordinance, and

(2) The dwelling unit meets all the requirements of this section and of the Uniform Building Codes and Uniform Fire Codes, Uniform Electrical Code, and Uniform Plumbing Code, as adopted by ordinance.

SECTION 16. EFFECTIVE DATE

That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides.

CONCLUSION

DULY PASSED AND APPROVED, by the City Council of the City of Hawk Cove, Texas, this the 5th day of January, 2001.

Hawk Cove:Ord 100-14