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HomeMy Public PortalAboutOrdinance No. 1077-07 01-09-2007 • 1077-07 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 14-336 "INSPECTION WHEN CERTAIN ONE-FAMILY TO FOUR-FAMILY DWELLINGS ARE VACATED" OF ARTICLE VIII "UNSAFE, SUBSTANDARD, DANGEROUS BUILDINGS" OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE TO AMEND THE INSPECTION REQUIREMENT FOR RESIDENTIAL PROPERTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS 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 age of the housing stock in the city has resulted in housing that does not meet the minimum standards of habitability; and • WHEREAS, one-family tofour-family residential dwellings that are 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 standards adopted by the city for the continued use and occupancy of such structures; and WHEREAS, the City Council of the City of Richland Hills has determined that it is necessary to amend the requirements for annual inspections ofone-family to four-family residential rental units. 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: Sec. 14-336. 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: (i) 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 (ii) 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: (1) 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 current 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 the date of issuance. (c) Rental Inspection. (1) All Rental Residences will be subject to inspection for the purposes of ensuring compliance with the minimum housing standards set forth in the Richland Hills City Code. (2) Each Rental Residence shall be inspected by the City a minimum of once • annually. Follow-up inspections shall be conducted as necessary to verify compliance with the minimum housing standards set forth in the Richland Hills City Code. (3) The City is authorized to obtain a warrant to conduct an inspection permitted by this section when consent to enter the property has been refused or otherwise cannot be obtained. (d) Enforcement. (1) 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) 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 subsection. • • (e) 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 this 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. (f) Exceptions from authority to prevent occupancy. The Chief Building Official shall not 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. SECTION 2. • PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the Ciry 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. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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 maybe prosecuted until final disposition by the courts. SECTION 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM ~ The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance inbook or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION ~ 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 no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. • SECTION 8. . 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 DAY OF , 2006. HONORABLE DAV L. RAGAN, MAYOR ATTEST: ;CITY SECRETARY ,.~`~~Q`~ y/~~'%, .r . ~ EFFECTIVE DATE: ~0 0 ~ v / r^ 'a= G' APPROVED TO ORM AND LEGALITY: . ~ ~ ~ ~ • '~~iiiiri n n n i~~~~~r TIM G. RALLA, CITY ATTORNEY • Ilv V~IC~j Drafl Only Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 281318541 FORT WORTH, TX 76102 • (817) 390-7761 Invoice Date: 3/9/2007 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/2007 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28131854 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: ORDINANCE NO. 1 Publication Date: 3/9/2007 Description Location'. Col Depth Li>page MU Rate Amount ORDINANCE NO. 1077-07 AN ORDIN I3580 1 82 82 LINE $0.53 $43.46 ORDfNANCE NO. Ths Gtt~tyy Secretary of 1077-07' the City of Richland AN ORDINANCE OF Hills. is hereby au- THE CITY OF thorizedto publish this RICHLAND HILLS ordinance and the exhibits to this ordi- $43.46 TEXAS AMENDING nance in book or Net Amount: SECTION 14-336 "IN- pamphlet ' form for SPECTION WHEN general distribution CERTAIN ONE- among the p, ublic, and FAMILY TO FOUR- the operative provi- FAMILYDWELLINGS sions of this ordinance ARE VACATED" OF and the exhibits to this ARTICLE VIII "UN- ordinance as so SAFE. SUBSTAN- published shall be DARD, DANGEROUS admissible in evi- BUILDINGS" OF Bence in .all courts CHAPTER 14"BUILD- without proof than the INGS AND BUILDING production thereof. REGULATIONS" OF Any person, firm or THE CITY CODE TO corporation who vio- AMEND THE IN- Isles, disobeys, omits, SPECTION RE- ~ neglects or refuses to QUIREMENT FOR con7ply with or who R E S f D E N T I A L resists the enforce- " PROPERTIES PRO- ment of any of the VIDING THAT' THIS provisions of this Or- • ORDINANCE SHALL durance shall be tined 3 BE CUMULATIVE OF no more than Two ALL ORDINANCES; ~ M PROVIDING A SEV- Thousand Dollars and ~ ~ h no cents ($2,000) for ERABILITY CLAUSE; each viglation of this ~ PROVIDING APEN- Ordinance. Each day - - - - - - ALTY FOR VI .that a violation is THE STAT sn°vil4~s°V~~""~S~ per~itted to exist shall COUnty Of ~ PROVI ING conatituta a saparete PUQLICATION REcc..ttuUIRED ggY Before me ANFq PROVIDIN~AN fl PgICHLAND Y HI~ fe, this day personally appeared Deborah Baylor, Bid and Legal Coordinator EF ECTIVE DA E. CITY COUNCIL Jan- forthe Star- I elegram, published by uarv s, aoo~. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached Gipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Signed 1~ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, March 1 , 2 7. Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIiJ08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 281318541 • Invoice Amount: $43.46 PO Number: Amount Enclosed: $