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Home My Public Portal AboutOrdinance No. 0980-04 03-08-2004 • ORDINANCE NO. 980-04 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY CODE OF THE CITY OF RICHLAND HILLS, TEXAS, "BUILDINGS AND BUILDING REGULATIONS" BY THE ADDITION OF REQUIREMENTS FOR A NEW CERTIFICATE OF OCCUPANCY AFTER RENTAL RESIDENTIAL BUILDINGS BECOME VACANT; PROVIDING FOR PAYMENT OF AN INSPECTION FEE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVHING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVHING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 ofthe Texas Constitution and Chapter 9 ofthe Local Government Code; and WHEREAS, the age of the housing inventory in the city and a lack of maintenance by some owners has resulted in some housing that does not meet the minimum standards of habitability; and WHEREAS, one-family and two-family residential dwellings occupied as rental units are particularly susceptible to deterioration, neglect, damage or other factors which lead to the deterioration of such structures so that they no longer meet minimum stands adopted by the city for the continued use and occupancy of such structures. WHEREAS, the City Council has determined that it is necessary to adopt this ordinance providing for an annual inspection of single-family or two-family residential rental units when they become vacant and requiring that these dwelling units meet minimum standards before they are again occupied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Article VIII of Chapter 14 of the Richland Hills City Code is hereby amended by the addition of Section 14-336, which section shall provide as follows: Inspection When Certain One-family and Two-family Dwellings Are Vacated. (a) Rental residence defined. For purposes of this Section, a rental residence shall be any single-family or two-family residence which is rented, leased or otherwise occupied for a fee by a person other than the owner, at the time the residence becomes vacant. A rental residence shall be considered vacant • when: • (1) the prior occupants vacate the residence, regardless of the period of time before new occupants occupy the residence, or (2) when any utility service is shut off or transferred to a new occupant's name because of change of occupants. (b) Certificate of occupancy required. When a rental residence becomes vacant, before the residence may again be occupied, the owner must obtain a current certificate of occupancy from the city. Without a current certificate of occupancy, no permanent electric or water service may be obtained for the residence. It shall be unlawful for any person to rent or lease a rental residence to any other person unless a current certificate of occupancy has been issued. (c) Requirements for a certificate of occupancy. Before the city will issue a certificate of occupancy to a rental residence which becomes vacant, the residence must: (1) have been inspected by the building inspector within the last consecutive twelve (12) months for compliance with the building, plumbing, electrical and other minimum stands inthis building Section, with the owner or the owner's representative present at the time ofthe • inspection; and (2) have been found in compliance with the minimum stands in this Section within the last twelve (12) months. (d) Enforcement. (1) If the inspection by the building inspector reveals the building is not in compliance with this Section, the building inspector shall give notice of noncompliance to the owner who shall bring the building into compliance within ten (10) days of the date of the notice. (2) The owner must obtain all permits required for the work needed to bring the building into compliance with this Section. (3) A building that is under a substandard building order by the city council shall be repaired or demolished pursuant to that order rather than this paragraph. (e) Temporary utilities. Upon request of the owner, the building inspector may authorize temporary electric utility service for a period not to exceed ten (10) • CERTIFICATE OF OCCUPANCY AFTER RESIDENI'fAI, BUILDING BECOMES VACANT Page 2 C:\Documents and Settirtgs\lkennedy\Locat Settings\Temporary [ntemet Files\OLK44B\CettiScate of Occupancy after Residential Building Becomes Vacantwpd • days while repairs are underway or when the building is being shown for sale or renting. (f) Inspection fees. (1) When a residence is inspected under the provisions ofthis Section, the owner of the property shall pay an inspection fee to the city as provided in the Fee Schedule contained in Appendix A to the City Code. An inspection fee will be charged for each time the inspector is prevented from inspecting the building though no fault of the city, including but not limited to the failure of the owner or the owner's representative to meet the inspector at the residence at the appointed time. (2) The building inspector will not inspect a building unless the owner or a representative of the owner, who is at least 18 years of age, is present. SECTION 2. AMENDMENT OF FEE SCHEDULE Appendix A ofthe Richland Hills City Code is hereby amended by the addition of section shall • provide as follows: Section 14-336 Application for inspection and initial inspection $30.00 Inspection to authorize temporary electricity $30.00 First additional inspection trip required $40.00 Each additional inspection trip required $75.00 SECTION 3. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. • CERTIFICATE OF OCCUPANCY AFTER RESIDENFIAL BUILDING BECOMES VACANT Page 3 C:\Documents and Settings\llcennedy\Local Settings\Temporary In[emet Files\OLK44B\Certificate of Occupancy after Residential Building Becomes Vacant.wpd • SECTION 4. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections ofthis ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. PENALTY CLAUSE Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. REMEDIES SAVED • All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations ofthe ordinances ofthe City ofRichland Hills, as amended, which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. PUBLICATION IN PAMPHLET FORM The City Secretary is hereby authorized to publish this ordinance in book or pamphlet form for general distribution to the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. • CERTIFICATE OF OCCUPANCY AFTER RESIDENTIAL BUILDING BECOMES VACANT Page 4 C:\Documenis and Settings\llcennedy\Local Settings\Temporary Internet Files\OLK44B\Ceitificate of Occupancy after Residential Building Becomes Vacantwpd • SECTION 8. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 8 DAY OF ; , 2004. /1 ' ~ ~ ~ ~ ~ Hal` y'. T HONORABLE NELDA S TRODER, MAYOR ~y'trs'~~..1 - ~ ~ ,e `i. ` • ~ M'"P TERRI LIS, CITY SECRETARY f~~~~'Mz NMCb EFFECTIVE: ~~'~Tr APPROVED AS TO FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • CERTIFICATE OF OCCUPANCY AFTER RESIDENTIAL BUILDING BECOMES VACANT Page 5 C:\Documents and SettingsVkennedy\Local Settings\Temporary Internet Fdes\OLK44B\Certificate of Occupancy after Residential Building Becomes Vacant.wpd ~~~f ~ ~ ~ Ilv V~IC~j Nrevie~~~ Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252530421 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 3/6/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25253042 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attu .iUSTIN . VAIJC',HN Publication Dates: 3/1/05 -3/6/05 Description ''~'~oCation Col Depth Linage RIU Rate Amount CITY OF RICHLAND HILLS The fol I3580 1 78 78 LINE $0.28 $44.34 CITY OF RICHLAND OR CORPORATION HILLS WHO VIO~T~S, The following ordi- DISOBEYS I S, Hance was adoppt~ed NEGLECTS OR RE- byy the Richland Hills FUSES TO COMPLY C7 Council on'March WITH OR WHO RE- Net AmOUnt: $44.34 8, 2004 (caption and SISTS THE EN- penalty clause only): FORCEMENT OF ORDINANCE NO. ~ ANY OF THE PRO- 980-04 VISIONS OF THIS AN QRDINANCE ORDINANCE SHALL AMENDING CHAP- BE FINED NOT TER 14 OF THE CITY MORE THAN TWO CODE OF THE CITY THOUSAND DOL- OF RICHLAND LABS ($2,000.00) HILLS TEXAS FOR E H OF- BUILl51NGS ANCS FENSE. EACH DAY BUILDING REGULA-i THAT A VIOLATION TIONS" BY THE! IS PERMITTED TO ADDITION OF EXIST SHALL CON- R E Q U R I E M E N T S STITUTE A SEPA- FOR A NEW CER- RATE OFFENSE. TIFICATE OF OC-~ APPROVED: ATTEST: CUPANCY AFTER' /S/ /S/ RENTAL RESIDEN- NELDA S. STRODER • TIAL BUILDINGS MAYOR KIM SUT~ BECOME VACANT' TER CITY SECRE- PROVIDING FOES TARS' PAYMENT OF /kN A complete copy of this INPSPECTfON FEE' ordinance is available .~`~"v Py''•., (~HRiSTY G, HOLLAND PROVIDING THAT for review.ln the City 'a4 ~ THIS ORDINANCE ~ Secretary's Office, MY COMMIS510N EXPIRES SHALL BE CUMU- City Hall 3200 Diana ;,,y, July 31, 2808 LATIVE OF ALL Drive, Richland Hills, ' ; ORDINANCES; Texas ~~%E,F~~,. THE ST, PROVIDING A SEV- - ,4,,, ERABILITY CLAUSE' COUnty ~ PROVIDING FOES PUBLICATION AS REQUIRED Y LAW ANpp PROVI 1 API Before n EFFECTIVE nd for said County and Stale, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the <_ANY PcE~RSOr ~~~~RM d by the Star-Tele ram Inc. at Fort Worth in Tarrant Coun Texas• and who after bein dui sworn did de ose and sa g , tY, g Y , p Y that the attached clipping of an advertisement was published in the above Ham paper on the listed dates: BIDS 8t LEGAL DEPT. STAR TLEGRAM (817) 390-7320 ~ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, March 5, Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 252530421 i Invoice Amount: $44.34 PO Number: Amount Enclosed: