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Home My Public Portal AboutOrdinance No. 1010-05 04-12-2005 • ORDINANCE NO. 1010-OS AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY CODE OF THE CITY OF RICHLAND HILLS, TEXAS, "BUILDINGS AND BUILDING REGULATIONS" BY THE AMENDMENT OF REQUIREMENTS FOR INSPECTION OF RENTAL RESIDENTIAL BUILDINGS THAT BECOME VACANT TO EXPAND SUCH INSPECTIONS TO BUILDINGS CONTAINING UP TO FOUR RESIDENTIAL UNITS, REMOVING NUISANCE ORDINANCE PROVISIONS FROM THE VIOLATIONS THAT CAN RESULT IN DENIAL OF CERTIFICATES OF OCCUPANCY, AND CORRECTING CERTAIN ERRORS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING 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 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has previously adopted an ordinance providing for an annual inspection of single-family or two-family residential rental units when they become vacant and • requiring that such dwelling units meet minimum standards before they are again occupied; and . WHEREAS, the City Council has now determined that the scope of such ordinance should be expanded to include buildings that contain up to and including four separate residential units; and WHEREAS, the City Council has now determined that the scope of such ordinance should be modified to clarify that nuisance ordinances of the City relating to the exterior of such structures should be noted during such inspections, but enforced through the means contained in such nuisance ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Section 14-336 of Article VIII of Chapter 14 of the Richland Hills City Code is hereby amended to provide as follows: Inspection When Certain One-family to Four-family Dwellings Are Vacated. (a) Rental residence defined. For purposes of this Section, a rental residence is • defined as any residential unit located in any building containing from one to four family residential units, any part of which is: (1) rented, leased or • otherwise occupied for a fee by a person other than the owner or the owner's immediate family immediately prior to the time the residence becomes vacant, or (2) to be rented, leased or otherwise occupied by a person other than the owner or the owner's immediate family. A rental residence shall be considered vacant when either of the following conditions exist: (I) the occupants vacate the residence, regardless of whether any time elapses 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 new certificate of occupancy from the city, unless the owner already holds a current and valid certificate of occupancy. For purposes of this Chapter, a certificate of occupancy for a rental residence shall be considered current and valid for one year from date of issue. (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) be inspected by the building inspector for compliance with the building, plumbing, electrical and other minimum standards in this Chapter, with the owner or the owner's representative present at the time of the inspection; and (2) have been found in compliance with the minimum standards in this Chapter and the other ordinances of the City. (d) Enforcement. (I) 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. 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) Without a current certificate of occupancy, no permanent electric or water service maybe obtained for the residence. • RENTAL PROPERTY INSPECTION ORDINANCE AMENDMENT SECTION 14-336 Page 2 S:\TEMPI\WP\ORDINANCIORD 1010-OS 4-12-OS.DOC . (3) The owner must obtain all permits required for the work needed to bring the building into compliance with this Section. (4) 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) days while repairs are underway or when the building is being shown for sale or renting. (f) Inspection procedures and fees. (1) When a residence is inspected under the provisions of this 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. (g) Exceptions from authority to withhold certificate of occupancy. The Chief Building Official shall not withhold a certificate of occupancy or otherwise prevent occupancy of a rental residence because of a violation of Chapter 34 of the City Code, unless, in the judgment and of the Chief Building Official, the violation presents a serious and immediate danger to the general public or the occupants of such residence, but shall enforce such violation through the enforcement mechanisms provided in Chapter 34 and other provisions of the City Code and state law. • RENTAL PROPERTY INSPECTION ORDNANCE AMENDMENT SECTION 14-336 Page 3 S:\TEMPI\WP\ORDINANCIORD 1010-OS 4-12-OS.DOC . SECTION 2. 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. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this 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 4. 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 5. REMEDIES SAVED All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the ordinances of the City of Richland 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 6. 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. • RENTAL PROPERTY INSPECTION ORDINANCE AMENDMENT SECTION 14-336 Page 4 S:\TEMPI\WP\ORDINANC\ORD 1010-OS 4-12-OS.DOC . SECTION 7. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required bylaw. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS 12~' DAY OF Apri12005. d ~ : , ~ T HONORABLE NELDA STRODER, MAYOR ~ 1 - ATTEST: i -~,,F•~, ter., ~:a~"~, ~ '~r, ~ • p ov • ~ ` ~ ` ~ ` ~ KI SLITTER, CITY SECRETARY EFFECTIVE: ~ /w ~ C~Q~~ APP VEDA TO ORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • RENTAL PROPERTY INSPECTION ORDINANCE AMENDMENT SECTION 14-336 Page 5 S:\TEMP1\WP\ORDINANC\ORD 1010-OS a-12-OS.DOC Ilv V~IC~j Preview Star-Telegram Customer ID: CIU08 40o w. 7th street Invoice Number: 254215731 FORT WORTH, TX 76102 (st7~39o-7761 Invoice Date: 4/17/05 Federal Tax ID 22-3(482x4 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25421573 RICHLAND HILLS, TX 76 1 1 8-623 7 Sales Rep: 073 Description: CITY OF RICHLAN Attn BARBARA . WRIGHT Publication Dates: 4/16/05 - 4/17/05 Description Location Col Depth Linage 1~2U lZat~ An>tount CITY OF RICHLAND HILLS - ORDiN 13580 1 68 68 LINE $0.29 $39.04 CITY OF'LRI~HLAND AN DINAI~C~ 0]O-Q~ TER N4DOF THE CIArPi~ Net Amount: $39.04 CODE OF THE CITY OF RICHLAND BIUIL~INGS TEAXNS~ BUILDING REGULA- TIONS" BY THE AMENDMENT OF FOR U (INSPECTION OF RENTAL RESI- DENTIAL BUILD- INGSTHATBECOME VACANT TO EX- PAND SUCH IN- SPECTIONS TO BUILDINGS CON- TAINING UP TO FOUR RESIDENTIAL UNITS REMOVING • NUISANCE ORDI- J NANCE PROVI- SIONS FROM THE VIOLATIONS THAT ~ppr'p""~•.,, CAN RESULT IN ~R•' CHRISTY L. HOLLAND DENIAL OF CER- TIFICATES OF OC- MY COMMISSION EXPIRES CUPANCY AND ~UhI 91, 2QO8 CORRECTING CER= ••;f 94 TAIN ERRORS THE STATE OF ' PR~vIDING THAT THI ORDINANCE COUnty Of Tarran SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- Before me, a No ERABILITY cLAUSE• d County and State, this day personally appeared Lisa Wesselman, Bld and Legal COOrdlnator for the Star-Tele! pUBL,CATIOgN Fns tar-Telegram, Inc. at Fort Worth in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attaches' pND PIAOVIDIYNG AN rent was published in the above med paper on the I' ted dates: BIDS 8I LEGAL DEPT. STAR TLEGRAM (617) 390-731 EFFECTIVE DATE. Any person, firm or corporation who vio- ' latex, disobeys, omits, neglects or refuses to Signed ~ comply with or who resists the enforce- ~ ment of an of the SUBSCRIBED Al` din°ance shalt e~fi ed'E ME, THIS Thursday, Apr' 2 05.- not more than Two Thousand .Dollars /~~ri~ ooo.oo> for earn Notary Public v Each day that t~ s e1 oort•t~i- PPeF101/EASDSEBY A~~'~ Thank You F~ ciiHrLA" couN~i%ent APRIL 12, 2005. - Y.._._..~..~. _..y.... _ v_._. .-.V _ .M~ ..-....W Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 254215731 • Invoice Amount: $39.04 PO Number: Amount Enclosed: $