HomeMy WebLinkAboutOrd 240-2005 Anna Property Maintenance Code.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 240-2005
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING A PROPERTY
MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS
AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES;
BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND
FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL
TO ENSURE THAT STRUCTURES AND PREMISES ARE SAFE, SANITARY
AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF
BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND
USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN THE
CITY; AND THE ABATEMENT OF NUISANCE CONDITIONS; PROVIDING
FOR THE ISSUANCE OF PERMITS AND COLLECTION FEES THEREFOR;
REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES
IN CONFLICT THEREWITH; ESTABLISHING A PENALTY AND A FINE NOT
TO EXCEED $2,000 OR THE MAXIMUM AMOUNT ALLOWED BY LAW;
ESTABLISHING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Adoption of amended Code.
A certain document in an amended form, attached hereto as "Exhibit 1" and also
known as the Property Maintenance Code of the City of Anna, Texas for
regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and
facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and the
condemnation of buildings and structures unfit for human occupancy and use,
and the demolition of such existing structures as herein provided; and the
abatement of nuisance conditions; providing for the issuance of permits and
collection of fees therefore; and each and all of the regulations, provisions,
penalties, conditions and terms of said Property Maintenance Code on file in the
office of the City of Anna, Texas and attached hereto as "Exhibit 1," are hereby
referred to, adopted, and made a part hereof, as if fully set out in this ordinance.
Section 2. Repealer.
The City of Anna Ordinances bearing the numbers and dates of adoption listed
below are hereby repealed:
Ordinance 103-85 adopted on or about September 10, 1985;
Ordinance 110-86 adopted on or about November 18, 1986;
Ordinance 111-86 adopted on or about November 18, 1986;
Ordinance 112-86 adopted on or about November 18, 1986;
Ordinance 105-87 adopted on or about August 11, 1987;
Ordinance 107-87 adopted on or about August 11, 1987;
Ordinance 109-87 adopted on or about August 11, 1987;
Ordinance 110-87 adopted on or about August 11, 1987;
Ordinance 95-06 adopted on or about July 11, 1995;
Ordinance 95-08 adopted on or about July 11, 1995;
Ordinance 95-15 adopted on or about October 10, 1995;
Ordinance 95-17 adopted on or about October 10, 1995;
Ordinance 95-18 adopted on or about October 10, 1995;
Ordinance 95-20 adopted on or about October 10, 1995; and,
Ordinance 97-10 adopted on or about August 12, 1997.
All other ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
Section 3. Penalty.
Violation of this Ordinance is punishable by a fine not to exceed $2,000 or the
maximum amount allowed by law if that amount is less than $2,000, in which
case the maximum amount is specified in Exhibit 1. Each day any such violation
shall continue shall constitute a separate offense punishable hereunder.
Section 4. Savings Clause.
If any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be unconstitutional or invalid in any manner, such decision
shall not affect the validity of the remaining portions of this ordinance. The City
Council of the City of Anna, Texas hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
Nothing in this ordinance or in the Property Maintenance Code hereby adopted
shall be construed to affect any suit or proceeding impending in any court, or any
rights acquired, or liability incurred, or any cause or causes of action acquired or
existing, under any act or ordinance hereby repealed as cited in Section 2 of this
ordinance; nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 5. Publication.
The City Secretary is hereby ordered and directed to cause this ordinance to be
published as required by law.
Section 6. Effective Date.
That this ordinance and the rules, regulations, provisions, requirements, orders
and matters established and adopted hereby shall take effect and be in full force
and effect upon the posting and/or publication of the caption of this Ordinance as
required by law.
PASSED by the City Council of the City of Anna, Texas, by the following vote on
this the 22nd day of November, 2005.
AYE 5
NAY 0
ABSTAIN 0
ATTEST:
APPROVED:
Na a Wilkison, City Secretary a Pelham, Mayor
"EXHIBIT 1" TO CITY OF ANNA, TEXAS
ORDINANCE 240-2005
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. The short title for these regulations is the Property Maintenance
Code of the City of Anna ("this code").
101.2 Scope. The provisions of this code apply to all existing residential and
nonresidential structures and all existing premises and constitute minimum
requirements and standards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the elements, safety
of lives, safety from any hazards, and for safe and sanitary maintenance; the
responsibility of owners, operators and occupants; the occupancy of existing
structures and premises; and for administration, enforcement and penalties.
101.3 Intent. This code shall be construed to secure its expressed intent, which
is to ensure public health, safety and welfare insofar as they are affected by the
continued occupancy and maintenance of structures and premises. Existing
structures and premises that do not comply with these provisions shall be altered
or repaired to provide a minimum level of health and safety as required herein.
Repairs, alterations, additions to and change of occupancy in existing buildings
shall comply with the International Existing Building Code.
101.4 Severability. If a section, subsection, sentence, clause or phrase of this
code is, for any reason, held to be unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this code.
SECTION 102
APPLICABILITY
102.1 General. The provisions of this code shall apply to all matters affecting or
relating to structures and premises, as set forth in Section 101. Where, in a
specific case, different sections of this code specify different requirements, the
most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by
this code or a previous regulation or code under which the structure or premises
was constructed, altered or repaired shall be maintained in good working order.
No owner, operator or occupant shall cause any service, facility, equipment or
utility which is required under this section to be removed from or shut off from or
discontinued for any structure, except for such temporary interruption as
necessary while repairs or alterations are in progress. The requirements of this
code are not intended to provide the basis for removal or abrogation of fire
protection and safety systems and devices in existing structures. Except as
otherwise specified herein, the owner or the owner's designated agent shall be
responsible for the maintenance of buildings, structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the International Existing Building Code.
102.4 Existing remedies. The provisions in this code shall not be construed to
abolish or impair existing remedies available—at law or in equity to the City or
its officers or agents relating to the removal or demolition of any structure which
is unsafe or unsanitary.
102.5 Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this code shall be
executed and installed in a workmanlike manner and installed in accordance with
the manufacturer's installation instructions.
102.6 Historic buildings. The provisions of this code shall not be mandatory
for existing buildings or structures designated as historic buildings when such
buildings or structures are judged by the code official to be safe and in the public
interest of health, safety and welfare.
102.7 Referenced codes and standards. The codes and standards referenced
in this code shall be those that are listed in Chapter 8 and considered part of the
requirements of this code to the prescribed extent of each such reference. Where
differences occur between provisions of this code and the referenced standards,
the provisions of this code shall apply.
102.8 Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixture, structure or
equipment, or for the public safety, health and general welfare, not specifically
covered by this code, shall be determined by the code official in a manner
consistent with advancing the interest of public health and safety.
SECTION 103
DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
103.1 General. The department of property maintenance inspection is hereby
created and the executive official in charge thereof shall be known as the code
official.
103.2 Appointment. The code official shall be appointed by the City Manager
as an at -will employee or independent contractor.
103.3 Deputies. Subject to the approval of the City Manager, the code official
shall have the authority to appoint deputy code officials, other related technical
officers, inspectors and other employees.
103.4 Liability. The code official, officer or employee charged with the
enforcement of this code, while acting for the City in the lawful discharge of
duties and under the provisions of this code, shall not thereby be rendered liable
personally, and is hereby relieved from all personal liability for any damage
accruing to person or property as a result of an act required or permitted in the
discharge of official duties.
Any suit instituted against any officer or employee because of an act performed
by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended by the City Attorney or the designee of
the City Attorney until the final termination of the proceedings. The code official
or any subordinate shall not be liable for costs in an action, suit or proceeding
that is instituted in pursuance of the provisions of this code, and the code official
or any subordinate, acting in good faith and without malice, shall be free from
liability for acts performed under any of its provisions or by reason of any act or
omission in the performance of official duties in connection therewith, subject to
the statutory limits applicable to Texas municipalities.
103.5 Fees. The fees for activities and services performed by the department in
carrying out its responsibilities under this code shall be as indicated in the
schedule attached to this code as Appendix 1.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official shall enforce the provisions of this code.
104.2 Rulemaking authority. The code official shall have no rulemaking
authority. However, with the approval of the City Manager, the code official may
make recommendations to the City Council to amend this code in the interest of
public health, safety and general welfare.
104.3 Inspections. The code official shall make all of the required inspections,
or shall accept reports of inspection by approved deputies. All reports of such
inspections shall be in writing and be signed by the person who performed the
inspection and by the code official if someone other than the code official
performed the inspection. With the approval of the City Manager, the code
official is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise.
104.4 Right of entry. The code official is authorized to enter the structure or
premises at reasonable times to inspect, subject to constitutional restrictions on
unreasonable searches and seizures. If entry is refused for any reason, the code
official is authorized to pursue recourse as provided by law to gain entry, subject
to the prior approval of the City Manager and the City Attorney.
104.5 Identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
104.6 Notices and orders. The code official shall issue all necessary notices or
orders to ensure compliance with this code.
104.7 Department records. The code official shall keep official records of all
business and activities of the department specified in the provisions of this code.
Such records shall be retained in the official records as long as the building or
structure to which such records relate remains in existence, unless otherwise
provided for by other regulations.
104.8 Coordination of inspections. Whenever in the enforcement of this code
or another code or ordinance, the responsibility of more than one code official of
the City is involved, it shall be the duty of the code officials involved to coordinate
their inspections and administrative orders as fully as practicable so that the
owners and occupants of the structure shall not be subjected to visits by
numerous inspectors or multiple or conflicting orders. Whenever an inspector
from any agency or department observes an apparent or actual violation of some
provision of some law, ordinance or code not within the inspector's authority to
enforce, the inspector shall report the findings to the code official or other law
enforcement officer having jurisdiction.
SECTION 105
APPROVAL
105.1 Modifications. Whenever there are undue burdens involved in carrying
out the provisions of this code, the code official shall have the authority to grant
modifications for individual cases, provided the code official shall first find that
special individual reasons make the strict letter of this code unduly burdensome
and the modification is in compliance with the intent and purpose of this code and
that such modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and entered in the
department files.
105.2 Alternative materials, methods and equipment The provisions of this
code are not intended to prevent the installation of any material or to prohibit any
method of construction not specifically prescribed by this code, provided that any
such alternative has been approved. An alternative material or method of
construction shall be approved where the code official finds that the proposed
design is satisfactory and complies with the intent of the provisions of this code,
and that the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety.
105.3 Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this code, or evidence that a material or method does not
conform to the requirements of this code, or in order to substantiate claims for
alternative materials or methods, the code official shall have the authority to
require tests to be made as evidence of compliance at no expense to the City.
105.3.1 Test methods. Test methods shall be as specified in this code or by
other recognized test standards. In the absence of recognized and accepted test
methods, the code official shall be permitted to approve appropriate testing
procedures performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by the code official for
the period required for retention of public records.
105.4 Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good and proper working
condition and approved.
SECTION 106
VIOLATIONS
106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this code.
106.2 Notice of violation. The code official shall serve a notice of violation or
order in accordance with the applicable notice provision of this code.
106.3 Prosecution of violation. Failing to comply with a notice of violation or
order issued under Section 108 or Section 303 is a Class C misdemeanor,
punishable by a fine not to exceed $1,000. Notwithstanding the foregoing, at the
sole discretion of the municipal prosecutor, any such failure to comply or other
violation of this code may be prosecuted as a Class C misdemeanor punishable
by a fine not to exceed $500, and if so prosecuted the failure to comply or
violation shall be deemed a strict liability offense. Subject to the municipal
prosecutor's option to prosecute any violation as a Class C misdemeanor as a
strict liability violation punishable by a fine not to exceed $500, any violation of
this code—other than failure to comply with a notice of violation or order issued
under Section 108 or 303 or a violation of Section 302A—is a Class C
misdemeanor punishable by a fine not to exceed $2,000 or the maximum amount
otherwise established by law. A violation of Section 302A is a Class C
misdemeanor punishable by a fine not to exceed $200. It is no defense to
prosecution for any violation of this code that the City or its agents did not adhere
to the notice and hearing procedures set forth in this code. Each day that a
violation continues after due notice has been served shall be deemed a separate
offense.
106.4 Other remedies. If a notice of violation or order issued under this code is
not complied with, the code official shall institute the appropriate proceeding at
law or in equity to restrain, correct or abate such violation or to require the
removal or termination of the unlawful occupancy of the structure in violation of
the provisions of this code or of the order or direction made pursuant thereto.
106.4.1 Lien. Any action taken by the authority having jurisdiction on such
premises shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate. To obtain a lien against the
property, the mayor, municipal health authority, or municipal official designated
by the mayor must file a statement of expenses with the county clerk of Collin
County. The lien statement must state the name of the owner, if known, and the
legal description of the property. The lien attaches upon the filing of the lien
statement with the county clerk. The lien obtained by the City is security for the
expenditures made and interest accruing at the rate of 10 percent on the amount
due from the date of payment by the City. The lien is inferior only to: (1) tax liens;
and (2) liens for street improvements. Subject to the approval by the City
Council, the City Attorney may bring a suit for foreclosure in the name of the City
to recover the expenditures and interest due. The statement of expenses or a
certified copy of the statement is prima facie proof of the expenses incurred by
the City in doing the work or making the improvements. The remedy provided by
this section is in addition to all other remedies. The City may foreclose a lien on
property under this subchapter in a proceeding relating to the property brought
under Subchapter E, Chapter 33, Tax Code.
106.5 Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the City Attorney from instituting appropriate action to restrain,
correct or abate a violation, or to prevent illegal occupancy of a building, structure
or premises, or to stop an illegal act, conduct, business or utilization of the
building, structure or premises.
SECTION 107
NOTICES, ORDERS AND ABATEMENT FOR VIOLATIONS THAT DO NOT
CONSTITUTE DANGEROUS STRUCTURES OR JUNKED VEHICLES
107.1 Notice to person responsible. Except in cases where the code official
determines that a violation of this code arises under Section 108 (dangerous
structures), 302A (junked vehicles) or 303 (swimming pool enclosures), a code
official that determines that there has been a violation of this code or has
grounds to believe that a violation has occurred, shall give notice—in the manner
prescribed in Sections 107.2 and 107.3—to the person responsible for the
violation and other persons, if any, as specified in this code. In cases involving
dangerous structures, the notice shall be served and be in the form prescribed by
the provisions of Section 108.
107.2 Form. The notice prescribed in Section 107.1 shall be in accordance with
all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is
being issued.
4. Include a correction order allowing a reasonable time to make the repairs
and improvements required to bring the dwelling unit or structure into
compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the City's right to file a lien in accordance with
Section 106.
7. Include a statement that if the owner commits another violation of the
same kind or nature that poses a danger to the public health and safety on
or before the first anniversary of the date of the notice, the City without
further notice may correct the violation at the owner's expense and assess
the expense against the property.
107.3 Method of service. Such notice shall be deemed to be properly served if
a copy thereof is given:
personally to the owner in writing;
by certified mail, return receipt requested, to the owner at the owner's
address as recorded in the appraisal district records of the appraisal
district in which the property is located; or
if personal service cannot be obtained: (A) by publication at least once in
a newspaper of general circulation in the City; (B) by posting the notice on
or near the front door of each building on the property to which the
violation relates; or (C) by posting the notice on a placard attached to a
stake driven into the ground on the property to which the violation relates.
If the code official mails a notice to a property owner in accordance with this
Subsection 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 to have been delivered.
107.4 Penalties. Unless otherwise made compulsory by state law, penalties for
noncompliance with orders and notices shall be as set forth in Section 106.
107.5 Abatement by City. If the owner of property in the City does not comply
with this code by abating the violation or petitioning for appeal within ten days of
notice of a violation, the City may: (1) do the work or make the improvements
required; and (2) pay for the work done or improvements made and charge the
expenses to the owner of the property. If a violation covered by a notice under
this Section occurs within the one-year period, and the City has not been
informed in writing by the owner of an ownership change, then the City without
notice may take any action permitted by in this subsection and assess its
expenses in accordance with this code.
107.6 Hearing or appeal. Except in cases where the code official determines
that a violation of this code arises under Section 108 (dangerous structures),
302A (junked vehicles) or 303 (swimming pool enclosures), hearing or appeal
procedures shall be in accordance with Section 111. In cases involving
dangerous structures, junked vehicles, or swimming pool enclosures, hearing or
appeal procedures shall be in accordance with the provisions of Section 108,
302A or 303, respectively.
SECTION 108
DANGEROUS STRUCTURES
108.1 General. When a structure is found to be a dangerous structure by the
code official, the structure may be condemned or otherwise addressed pursuant
to the provisions of this Section 108, providing for notice and a public hearing.
108.1.1 Reference to state law. This Section 108 is adopted pursuant to Texas
Local Government Code §214.001, et. seq.
108.2. Pre -hearing notice. When a structure is found to be a dangerous
structure by the code official, the code official must send the owner of the
structure notice of a public hearing regarding the dangerous structure. The
notice must be sent certified mail, return receipt requested and must state that
the owner, lienholder, or mortgagee will be required to submit at the hearing
proof of the scope of any work that may be required to comply with the ordinance
and the time it will take to reasonably perform the work.
108.3 Hearing and order. A hearing under this section may be held either by
the municipal court or by the City Council. After the public hearing, if a structure
is found by the City Council or the municipal court to be a dangerous structure
according to the standards set forth in this code, the City Council or the municipal
court may order that the building be vacated, secured, repaired, removed, or
demolished by the owner within a reasonable time as provided by this section.
The City also may order that the occupants, if any, be relocated within a
reasonable time. In a public hearing to determine whether a building complies
with the standards set out in an ordinance adopted under this section, the owner,
lienholder, or mortgagee has the burden of proof to demonstrate the scope of
any work that may be required to comply with the ordinance and the time it will
take to reasonably perform the work.
108.3.1 Content of order. In conducting the public hearing required under this
section, the City Council or the municipal court shall require the owner,
lienholder, or mortgagee of the building to within 30 days: (1) secure the building
from unauthorized entry; or (2) repair, remove, or demolish the building, unless
the owner or lienholder establishes at the hearing that the work cannot
reasonably be performed within 30 days.
If the City Council or the municipal court allows the owner, lienholder, or
mortgagee more than 30 days to repair, remove, or demolish the building, the
City shall establish specific time schedules for the commencement and
performance of the work (said schedules must be incorporated into the order)
and shall require the owner, lienholder, or mortgagee to secure the property in a
reasonable manner from unauthorized entry while the work is being performed,
as determined by the hearing official.
The City may not issue an order allowing the owner, lienholder, or mortgagee
more than 90 days to repair, remove, or demolish the structure or fully perform all
work required to comply with the order unless the owner, lienholder, or
mortgagee: (1) submits a detailed plan and time schedule for the work at the
hearing; and (2) establishes at the hearing that the work cannot reasonably be
completed within 90 days because of the scope and complexity of the work.
If the City allows the owner, lienholder, or mortgagee more than 90 days to
complete any part of the work required to repair, remove, or demolish the
building, the order shall require the owner, lienholder, or mortgagee to regularly
submit progress reports to the City to demonstrate compliance with the time
schedules established for commencement and performance of the work. The
order may require that the owner, lienholder, or mortgagee appear before the
code official or the code official's designee to demonstrate compliance with the
time schedules. If the owner, lienholder, or mortgagee owns property, including
structures or improvements on property, within the municipal boundaries that
exceeds $100,000 in total value, the City may include in the order a requirement
that 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 under this subsection. In lieu of a bond, the City 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 City. The bond must be posted, or
the letter of credit or third party guaranty provided, not later than the 30th day
after the date the City issues the order.
108.4 Post -hearing notice. If the owner was not present at the public hearing,
the City shall send a copy of the order to the owner by certified mail, return
receipt requested. If the owner or responsible party does not take the ordered
action within the time allotted in the order, the City shall make a diligent effort to
discover each mortgagee and lienholder having an interest in the structure or in
the property on which the structure is located. 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) county
real property records of the county in which the building is located; (2) appraisal
district records of the appraisal district in which the building is located; (3) records
of the secretary of state; (4) assumed name records of the county in which the
building is located; (5) tax records of the municipality; and (6) utility records of the
municipality.
Once these steps have been taken to identify each mortgagee and lienholder,
the code official shall obtain personal delivery on or shall send by certified mail,
return receipt requested, to each identified mortgagee and lienholder a notice
containing: (1) an identification, which is not required to be a legal description, of
the structure and the property on which it is located; (2) a description of the
violation of the City's standards that is present at the structure; and (3) a
statement that the City will vacate, secure, remove, or demolish the structure or
relocate the occupants of the building if the ordered action is not taken within a
reasonable time.
108.5 Alternative Procedure. As an alternative to the procedure prescribed by
Subsections 108.2 —108.4, the City may make a diligent effort to discover each
mortgagee and lienholder before conducting the public hearing referenced in
those subsections and may give them a notice of and an opportunity to comment
at the hearing. The notice must be sent certified mail, return receipt requested,
and must state that the owner, lienholder, or mortgagee will be required to submit
at the hearing proof of the scope of any work that may be required to comply with
the ordinance and the time it will take to reasonably perform the work. In
addition, the City may file notice of the hearing in the Official Public Records of
Real Property in the county in which the property is located. 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. 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 subsequent recipient of any interest in the property who acquires
such interest after the filing of the notice. If the City operates under this
subsection, the order issued by the City as a result of the public hearing may
specify a reasonable time as provided by this section 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 this section 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. 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.
108.6. Filing, publication and mailing of order. Regardless of which of the
two procedures set forth above is exercised by the City, the City shall within ten
days after the date that the order is issued: (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 municipality in which the structure is located a notice containing: (A) the
street address or legal description of the property; (B) the date of the hearing; (C)
a brief statement indicating the contents of the order; and (D) instructions stating
where a complete copy of the order may be obtained. After the public hearing,
the City shall promptly mail by certified mail, return receipt requested, or
personally deliver a copy of the order to the owner of the structure and to any
lienholder or mortgagee of the structure. The City shall use its best efforts to
determine the identity and address of any owner, lienholder, or mortgagee of the
structure.
108.7 Remedies in the event of noncompliance. If the structure is not
vacated, secured, repaired, removed, or demolished, or the occupants are not
relocated within the allotted time, the City may vacate, secure, remove, or
demolish the building or relocate the occupants at its own expense. This
subsection does not limit the ability of the City to collect on a bond or other
financial guaranty that may be required elsewhere in this section. If the City
incurs expenses under this subsection, 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 county clerk in the county in which the property is
located. 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.
108.8 Undelivered notice. When the City or its agent mails a notice in
accordance with this section to a property owner, lienholder, or mortgagee 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.
108.9. Additional authority to secure a substandard building. The City may
secure a structure that the code official determines: (1) violates the minimum
standards of this ordinance; and (2) is unoccupied or is occupied only by persons
who do not have a right of possession to the building.
108.9.1. Notice. Before the 11th day after the date the structure is secured, the
City shall give notice to the owner by: (1) personally serving the owner with
written notice; (2) depositing the notice in the United States mail addressed to the
owner at the owner's post office address; (3) 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 (4) 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.
108.9.2. Content of notice: The notice 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 of the City standards 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.
108.9.3. Hearing. The City Council or municipal court shall conduct a hearing at
which the owner may testify or present witnesses or written information about
any matter relating to the City's securing of the structure if, within 30 days after
the date the City secures the structure, the owner files with the City a written
request for the hearing. The City shall conduct the hearing within 20 days after
the date the request is filed.
108.9.4. Expenses. The City has the same authority to assess expenses under
this section as it has to assess expenses under subsection 108.7. A lien is
created under this section in the same manner that a lien is created under
subsection 108.7 and is subject to the same conditions as a lien created under
that section.
108.9.5. Seizure and sale of property to recover expenses. The City may
foreclose a lien on property under this section: (1) in a proceeding relating to the
property brought under Subchapter E, Chapter 33, Tax Code (V.T.C.A., Tax
Code §33.91 et seq.); or (2) in a judicial proceeding, if: (A) a building or other
structure on the property has been demolished; (B) a lien for the cost of the
demolition of the building or other structure on the property has been created and
that cost has not been paid more than 180 days after the date the lien was filed;
and (C) ad valorem taxes are delinquent on all or part of the property.
108.9.6 Salvage materials. When any structure has been ordered demolished
and removed, the governing body or other designated officer shall have the right
to sell the salvage and valuable materials at the highest price obtainable. The
net proceeds of such sale, after deducting the expenses of such demolition,
removal and sale, shall be promptly remitted with a report of such sale or
transaction, including the items of expense and the amounts deducted, to the
owner, subject to any order of a court. If such a surplus does not remain to be
turned over, the report shall so state.
SECTION 108A
DANGEROUS EQUIPMENT
108A.1 Dangerous equipment Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the structure which
is in such disrepair or condition that such equipment is a hazard to life, health,
property or safety of the public or occupants of the premises or structure.
108A.2. Procedure and remedies. Regarding equipment that is deemed
dangerous, the provisions of Section 108 shall apply as if set forth here in full,
except that the word "equipment" shall take the place of the words "structure" and
"building."
SECTION 109
EMERGENCY MEASURES
109.1 Imminent danger. When in the opinion of the code official, there is
imminent danger of failure or collapse of a building or structure which endangers
life, or when any structure or part of a structure has fallen and life is endangered
by the occupation of the structure, or when there is actual or potential danger to
the building occupants or those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or the operation of defective or dangerous equipment, the code official
is hereby authorized and empowered to order and require the occupants to
vacate the premises forthwith. The code official shall cause to be posted at each
entrance to such structure a notice reading as follows: "This Structure Is Unsafe
and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful
for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or
demolishing the same.
109.2 Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the code official, there is imminent danger due to an
unsafe condition, the code official shall order the necessary work to be done,
including the boarding up of openings, to render such structure temporarily safe
whether or not the legal procedure herein described has been instituted; and
shall cause such other action to be taken as the code official deems necessary to
meet such emergency.
109.3 Closing streets. When necessary for public safety, the code official shall
temporarily close structures and close, or order the authority having jurisdiction to
close sidewalks, streets, public ways and places adjacent to unsafe structures,
and prohibit the same from being utilized.
109.4 Emergency repairs. For the purposes of this section, the code official
shall employ the necessary labor and materials to perform the required work as
expeditiously as possible.
109.5 Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid by the City. When adjudged appropriate by the
City Attorney, the City may institute appropriate action against the owner of the
premises where the unsafe structure is or was located for the recovery of such
costs.
109.6 Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon petition
directed to the City Council, be afforded a hearing as described in Section 108.3
of this code.
SECTION 110
TRANSFER OF OWNERSHIP
110.1 Transfer of ownership. It shall be unlawful for the owner of any dwelling
unit, structure or premises who has been served with a compliance order or upon
whom a notice of violation has been served under any part of this code, to sell,
transfer, mortgage, lease or otherwise dispose of such dwelling unit, structure or
premises to another until the provisions of the compliance order or notice of
violation have been complied with, or until such owner shall first furnish the
grantee, transferee, mortgagee or lessee a true copy of any compliance order or
notice of violation issued by the code official and shall furnish to the code official
a signed and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
SECTION 111
MEANS OF APPEAL
111.1 Application for appeal. This section does not apply to hearing or appeal
procedures in cases involving dangerous structures under Section 108 or cases
involving swimming pools under Section 303. Said procedures are governed by
Section 108 and Section 303 respectively. In all other cases, any person directly
affected by a decision of the code official or a notice or order issued under this
code shall have the right to appeal to the City Council, provided that a written
application for appeal is filed within 14 days after the day the decision, notice or
order was served. An application for appeal shall be filed with the City Secretary
and shall be based on a claim that the true intent of this code or the rules legally
adopted hereunder have been incorrectly interpreted, the provisions of this code
do not fully apply, or the requirements of this code are adequately satisfied by
other means.
111.2 Appeals board. The board of appeals shall consist of the City Council.
If the City Council desires, it may refer the appeal to the municipal court for a
bench trial. In such cases, the decision of the court shall be final.
111.3 Notice of meeting. Except in cases where the City Council refers an
appeal to the municipal court, the City Council shall provide notice of any appeal
hearing over which it presides in accordance with the Open Meetings Act, and
any such appeal hearing shall take place in a public hearing during an open
session of a Council meeting. Any appeal hearing before the City Council shall
occur within 40 days of the City's receipt of a petition for appeal.
111.4 Open hearing. All hearings before the City Council or the municipal court
shall be open to the public to the extent required by the Open Meetings Act. The
appellant, the appellant's representative, the code official and any person whose
interests are affected shall be given an opportunity to be heard.
111.4.1 Procedure. The City Council shall adopt and make available to the
public through the City Secretary procedures under which a hearing over which it
presides will be conducted. The procedures shall not require compliance with
strict rules of evidence, but shall mandate that only relevant information be
received.
111.6 Board decision. The City Council shall modify or reverse the decision of
the code official only by a concurring majority vote.
111.6.1 Records and copies. The decision of the City Council shall be
recorded in the minutes of the City Council meeting. Upon request, copies shall
be furnished to the appellant and to the code official. The decision by the City
Council is final.
111.7 Administration. The code official shall take immediate action in
accordance with the decision of the City Council or the municipal court, as the
case may be.
111.8 Stays of enforcement. Appeals of notice and orders (other than
Imminent Danger notices) shall stay the enforcement of the notice and order until
the appeal is heard by the City Council or municipal court.
CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for
the purposes of this code, have the meanings shown in this chapter.
201.2 Interchangeability. Words stated in the present tense include the future;
words stated in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural, the singular.
201.3 Terms defined in other codes. Where terms are not defined in this code
and are defined in the International Building Code, International Fire Code,
International Zoning Code, International Plumbing Code, International
Mechanical Code, International Existing Building Code or the ICC Electrical
Code, such terms shall have the meanings ascribed to them as in those codes.
201.4 Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted meanings
such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "structure," "rooming house," "rooming unit," "housekeeping unit" or
"story" are stated in this code, they shall be construed as though they were
followed by the words "or any part thereof or any premises on which they are
located."
201.6 Geographic scope. To the extent that this code prohibits nuisances, it
applies within the City and within 5000 feet outside the corporate limits. In this
code, references to conditions or areas as being "in the City" or "within the City"
or similarly described conditions or areas include all areas within the corporate
limits and within 5000 feet outside the corporate limits of the City.
SECTION 202
GENERAL DEFINITIONS
ABATE. Eliminate by removal, repair, rehabilitation, or demolition.
APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or completely below
grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or
shower.
BEDROOM. Any room or space used or intended to be used for sleeping
purposes.
CODE OFFICIAL. The official who is charged with the administration and
enforcement of this code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
DANGEROUS STRUCTURE. A structure that: (1) is dilapidated, substandard, or
unfit for human habitation and a hazard to the public health, safety, and welfare;
(2) regardless of its structural condition, is unoccupied by its owners, lessees, or
other invitees and is unsecured from unauthorized entry to the extent that it could
be entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children; or (3) is boarded up, fenced,
or otherwise secured in any manner if the building constitutes a danger to the
public even though secured from entry or the means used to secure the building
are inadequate to prevent unauthorized entry or use of the building.
DWELLING UNIT. A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
EASEMENT. That portion of land or property reserved for present or future use
by a person or agency other than the legal fee owner(s) of the property. The
easement shall be permitted to be for use under, on or above a said lot or lots.
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 elimination of insects, rats or other pests by
eliminating their harborage places; by removing or making inaccessible materials
that serve as their food; by poison spraying, fumigating, or trapping; or by use of
any other approved pest elimination methods.
GARBAGE. The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
GUARD. A building component or a system of building components located at or
near the open sides of elevated walking surfaces that minimizes the possibility of
a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar
areas are not considered habitable spaces.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable
space equipped and intended to be used for living, sleeping, cooking and eating
which does not contain, within such a unit, a toilet, lavatory and bathtub or
shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening
injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
JUNKED VEHICLE. 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) inoperable and has remained inoperable for more than: (i) 72 consecutive
hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the
vehicle is on private property.
LABELED. Devices, equipment, appliances, or materials to which has been
affixed a label, seal, symbol or other identifying mark of a nationally recognized
testing laboratory, inspection agency or other organization concerned with
product evaluation that maintains periodic inspection of the production of the
above -labeled items and by whose label the manufacturer attests to compliance
with applicable nationally recognized standards.
LET FOR OCCUPANCY OR LET. 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 or contract for the sale of land.
NUISANCE. Each of the following is a nuisance:
(1) a condition or place that is a breeding place for flies;
(2) spoiled or diseased meats intended for human consumption;
(3) a restaurant, food market, bakery, other place of business, or vehicle in which
food is prepared, packed, stored, transported, sold, or served to the public and
that is not constantly maintained in a sanitary condition;
(4) sewage, human excreta, wastewater, garbage, or other organic wastes
deposited, stored, discharged, or exposed in such a way as to be a potential
instrument or medium in disease transmission to a person or between persons;
(5) a vehicle or container that is used to transport garbage, human excreta, or
other organic material and that is defective and allows leakage or spilling of
contents;
(6) a collection of water in which mosquitoes are breeding in the limits of a
municipality or a collection of water that is a breeding area for Culex
quinquefasciatus mosquitoes that can transmit diseases regardless of the
collection's location other than a location or property where activities meeting the
definition of Section 11.002(12)(A), Texas Water Code, occur;
(7) a condition that may be proven to injuriously affect the public health and that
may directly or indirectly result from the operations of a bone boiling or fat
rendering plant, tallow or soap works, or other similar establishment;
(8) a place or condition harboring rats;
(9) the presence of ectoparasites, including bedbugs, lice, and mites, suspected
to be disease carriers in a place in which sleeping accommodations are offered
to the public;
(10) the maintenance of an open surface privy or an overflowing septic tank so
that the contents may be accessible to flies;
(11) an object, place, or condition that is a possible and probable medium of
disease transmission to or between humans; and
(12) any condition of property or matter prohibited by this code.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or
occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession
of a space within a building.
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
premises 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.
PERSON. An individual, corporation, partnership or any other group acting as a
unit.
POOL. A permanent swimming pool, permanent wading or reflection pool, or
permanent hot tub or spa over 18 inches deep, located at ground level, above
ground, below ground, or indoors.
POOL YARD. An area that contains a pool.
POOL YARD ENCLOSURE OR ENCLOSURES. A fence, wall, or combination
of fences, walls, gates, windows, or doors that completely surround a pool.
PREMISES. A lot, plot or parcel of land, easement or public way, including any
structures thereon.
PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise permanently
appropriated to the public for public use.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not for cooking
purposes.
RUBBISH. Combustible and noncombustible waste materials, if they are
inoperable or not in operation, or discarded, abandoned, dumped or stored on
any exterior property areas in an unsightly, unsafe or unsanitary manner, except
garbage, and including but not limited to: (1) the residue from the burning of
wood, coal, coke and other combustible materials; (2) paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery, lumber, dirt piles, construction debris,
containers, and dust; (3) refrigerators, appliances (and similar equipment and
other electrical or motorized appliances or equipment); (4) furniture, and, (5)
other similar materials.
STRICT LIABILITY OFFENSE. An offense punishable by not more than $500 in
which the prosecution in a legal proceeding is not required to prove criminal
intent as a part of its case.
STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the legal
owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or
shower.
VENTILATION. The natural or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same lot with a structure.
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum
conditions and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures
and exterior property in compliance with these requirements, except as otherwise
provided for in this code. A person shall not occupy as owner -occupant or permit
another person to occupy premises which are not in a sanitary and safe condition
and which do not comply with the requirements of this chapter. Occupants of a
structure, dwelling unit, rooming unit or housekeeping unit are responsible for
keeping in a clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they occupy and control.
301.3 Vacant structures and land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary condition
as provided herein so as not to cause a blighting problem or adversely affect the
public health or safety.
SECTION 302
NUISANCES ON EXTERIOR PROPERTY AREAS
302.1 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. Nuisances specified in this section and other nuisances—that
do not constitute dangerous buildings, junked vehicles or defective swimming
pool enclosures—are prohibited on all external property areas and must be
abated by the property owner or may abated by the City in accordance with
Section 107. The City may recover expenses and create and enforce liens as
provided for under Section 106 when it abates such a nuisance condition.
302.2 Grading and drainage. All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water
thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of repair, and
maintained free from hazardous conditions.
302.4 Weeds and tall grass. All premises and exterior property shall be
maintained free from weeds or plant growth in excess of 12 inches. 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, gardens or agricultural crops. Upon failure of the
owner or agent having charge of a property to cut and destroy weeds after
service of a notice of violation under Section 107, they shall be subject to
prosecution in accordance with Section 106. Upon failure to comply with the
notice of violation, any duly authorized employee of the City or contractor hired
by the City shall be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall be paid
by the owner or agent responsible for the property as provided under Section
107.
302.4.1. Dangerous weeds. The code official may cause to be abated, without
notice, weeds that: (1) have grown higher than 48 inches; and, (2) are an
immediate danger to the health, life, or safety of any person.
302.4.1.1 Notice of abatement of dangerous weeds. Not later than the 10th
day after the date the City abates weeds under this subsection, the City shall
give notice to the property owner in the manner required by Section 107.
302.4.1.2 Content of notice. The notice shall contain: (1) an identification,
which is not required to be a legal description, of the property; (2) a description of
the violations of the ordinance that occurred on the property; (3) a statement that
the City abated the weeds; and (4) an explanation of the property owner's right to
request a hearing about the City's abatement of the weeds.
302.4.1.3 Hearing. The City Council or municipal court shall conduct a hearing
on the abatement of dangerous weeds under this subsection if, not later than the
30th day after the date of the abatement of the weeds, the property owner files
with the City Secretary a written request for a hearing. The hearing shall be
conducted not later than the 20th day after the date a request for a hearing is
filed. The owner and code official or their respective legal representatives may
testify or present any witnesses or written information relating to the City's
abatement of the weeds.
302.4.1.4 Expenses. The City may assess expenses and create liens under
this section as it assesses expenses and creates liens under Section 106. A lien
created under this section is subject to the same conditions as a lien created
under Section 106.
302.5 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.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or private property
or that of another tenant.
302.7 Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound and in good
repair.
302.8 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.
SECTION 302A
JUNKED VEHICLES
302A.1 Authority to abate junk vehicle. In accordance with this section and
other provisions of this code, the code official is authorized to abate and remove
from private or public property or a public right-of-way a junked vehicle or part of
a junked vehicle as a public nuisance. The municipal court may issue necessary
orders to enforce the provisions of this section.
302A.2 Reconstruction prohibited. Once removed, a junked vehicle may not
be reconstructed or made operable.
302A.3 Notice to Texas Department of Transportation. Not later than the fifth
day after a junk vehicle is removed, the code official shall provide notice to the
Texas Department of Transportation identifying the vehicle or part of the vehicle.
302A.4 Right of entry. The code official has right of entry to inspect as set forth
in Section 104.4.
302A.5 Removal to another unlawful location. The relocation of a junked
vehicle that is a public nuisance to another location in the City or within 5000 feet
of the City's boundaries after a proceeding for the abatement and removal of the
junked vehicle has commenced has no effect on the proceeding if the junked
vehicle constitutes a public nuisance at the new location.
302A.6 Notice of violation. A notice of violation must provide not less than ten
days' notice of the nature of the nuisance. The notice must be personally
delivered or sent by certified mail, return receipt requested, to:
1. the last known registered owner of the nuisance;
2. each lienholder of record of the nuisance; and
3. the owner or occupant of: (A) the property on which the nuisance is
located; or (B) if the nuisance is located on a public right-of-way, the
property adjacent to the right-of-way.
If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the junked vehicle or, if the owner is located,
personally delivered. If notice is returned undelivered, action to abate the
nuisance shall be continued to a date not earlier than the 11th day after the date
of the return.
302A.7 Content of notice. The notice must state that: (1) the nuisance must be
abated and removed not later than the 10th day after the date on which the
notice was personally delivered or mailed; and (2) any request for a hearing must
be made before that ten-day period expires.
302A.8 Hearing. The City Council or municipal court shall conduct hearings
under the procedures adopted under this subsection.
302A.8.1. Time for hearing. If a hearing is requested by a person for whom
notice is required under Section 302A.6, the hearing shall be held not earlier than
the 11 th day after the date of the service of notice.
302A.8.2. Purpose of hearing, burden of proof and presumption. The
purpose of the hearing is so that the City Council or municipal court may
determine whether the vehicle constitutes a junked vehicle The person
appealing the determination of the code official and the code official, or their
respective legal representatives, shall have an opportunity to be heard and to
question witnesses. The person appealing the determination of the code official
has the burden of proving that the vehicle is not a junked vehicle. At the hearing,
the junked motor vehicle is presumed, unless demonstrated otherwise by the
owner, to be inoperable.
302A.9 Order to abate. At the conclusion of the hearing, if the City Council or
municipal court concludes that the property in question is a junked vehicle, it may
issue an order requiring removal of the vehicle to a lawful location within ten days
of the day the order is issued.
302A.9.1 Content of order. The order must state that if the owner does not
remove the junked vehicle in accordance with the order, the City may cause the
vehicle to be removed and any expenses incurred by the City will allow for a lien
in the amount of those expenses against the real property on which the junked
vehicle was located at the time of the violation. If the following information is
available at the location of the nuisance, a resolution or order requiring removal
of the nuisance must include the vehicle's:
1. description;
2. vehicle identification number;
3. license plate number; and
4. current location of the vehicle.
Section 302A.10 Junked vehicle disposal. A junked vehicle, including a part
of a junked vehicle, may be removed to a scrap yard, a motor vehicle demolisher,
or a suitable site operated by a municipality or county. A municipality or county
may operate a disposal site if its governing body determines that commercial
disposition of junked vehicles is not available or is inadequate. A municipality or
county may: (1) finally dispose of a junked vehicle or vehicle part; or (2) transfer it
to another disposal site if the disposal is scrap or salvage only.
Section 302A.11 Exceptions. Inapplicability of Section. Procedures adopted
under this section may 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 the business of a licensed vehicle
dealer or junkyard; or (3) that is an antique or special interest vehicle stored by a
motor vehicle collector on the collector's property, if the vehicle or 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, rapidly growing trees, or shrubbery.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Private swimming pools, hot tubs and spas shall be
maintained in a clean and sanitary condition, and in good repair.
303.2 Notice, hearing and enforcement The City may repair, replace,
secure, or otherwise remedy an enclosure or fence around a swimming pool that
is damaged, deteriorated, substandard, dilapidated, or otherwise in a state that
poses a hazard to the public health, safety, and welfare. The City may require
the owner of the property on which the swimming pool or enclosure or fence is
situated—after notice and hearing complying with the procedures set forth in
Sections 108.2 through 108.5—to repair, replace, secure, or otherwise remedy
an enclosure or fence of a swimming pool that the City or an appropriate City
official, agent, or employee determines violates the minimum standards adopted
under this section.
303.2.1 Other notice. If the enclosure or fence is on unoccupied property or is
on property occupied only by persons who do not have a right of possession to
the property, the City shall give notice to the owner—in accordance with the
procedures set out in Sections 108.9.1 and 108.9.2—of the City's action to repair,
replace, secure, or otherwise remedy an enclosure or fence of a swimming pool.
303.2.2 Expenses. If the City incurs expenses under this subchapter, 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
swimming pool or the enclosure or fence is situated. 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 in the office of the
county clerk in the county in which the property is situated. 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
swimming pool or the enclosure or fence is situated, the amount of expenses
incurred by the City, and the balance due. The lien is a privileged lien
subordinate only to tax liens and all previously recorded bona fide mortgage liens
attached to the real property to which the City's lien attaches.
303.2.3 Entry. The code official acting under the authority granted by this
section, may enter any unoccupied premises at a reasonable time to inspect,
investigate, or enforce the powers granted under this subchapter or any
ordinance adopted pursuant to this subchapter. After providing a minimum of 24
hours' notice to the occupant, the code official, acting under the authority granted
by this section, may enter any occupied premises to inspect, investigate, or
enforce the powers granted under this subchapter or any ordinance adopted
pursuant to this subchapter. If entry is refused or otherwise denied or obstructed,
the code official must report the refusal or obstruction to the office of the City
Attorney before proceeding with enforcement.
303.3 Enclosure. Every private swimming pool, hot tub or spa must meet the
following enclosure requirements: (1) height of the pool yard enclosure must be
at least 48 inches as measured from the ground on the side away from the pool;
(2) openings under the pool yard enclosure may not allow a sphere four inches in
diameter to pass under the pool yard enclosure; (3) if the pool yard enclosure is
constructed with horizontal and vertical members and the distance between the
tops of the horizontal members is at least 45 inches, the openings may not allow
a sphere four inches in diameter to pass through the enclosure; (4) if the pool
yard enclosure is constructed with horizontal and vertical members and the
distance between the tops of the horizontal members is less than 45 inches, the
openings may not allow a sphere 1 3/4 inches in diameter to pass through the
enclosure; (5) the use of chain link fencing materials is prohibited entirely for a
new pool yard enclosure that is constructed after January 1, 1994; (6) the use of
diagonal fencing members that are lower than 49 inches above the ground is
prohibited for a new pool yard enclosure that is constructed after January 1,
1994; (7) decorative designs or cutouts on or in the pool yard enclosure may not
contain any openings greater than 1 3/4 inches in any direction; (8) indentations
or protrusions in a solid pool yard enclosure without any openings may not be
greater than normal construction tolerances and tooled masonry joints on the
side away from the pool; (9) permanent equipment or structures may not be
constructed or placed in a manner that makes them readily available for climbing
over the pool yard enclosure; and (10) the wall of a building may be part of the
pool yard enclosure only if the doors and windows in the wall comply with section
303.3.1. The owner of a multiunit rental complex with a pool or a property
owners association that owns, controls, or maintains a pool is not required to: (A)
build a pool yard enclosure at specified locations or distances from the pool other
than distances for minimum walkways around the pool; or (B) conform secondary
pool yard enclosures, located inside or outside the primary pool yard enclosure,
to the requirements of this section.
303.3.1 Doors. A door, sliding glass door, or French door may not open directly
into a pool yard if the date of electrical service for initial construction of the
building or pool is on or after January 1, 1994. A door, sliding glass door, or
French door may open directly into a pool yard if the date of electrical service for
initial construction of the building or pool is before January 1, 1994, and the pool
yard enclosure complies with Subsection 303.3.1.1, 303.3.1.2, or 303.3.1.3, as
applicable.
303.3.1.1 If a door of a building, other than a sliding glass door or screen door,
opens into the pool yard, the door must have a: (1) latch that automatically
engages when the door is closed; (2) spring-loaded door -hinge pin, automatic
door closer, or similar device to cause the door to close automatically; and (3)
keyless bolting device that is installed not less than 36 inches nor more than 48
inches above the interior floor.
303.3.1.2 If French doors of a building open to the pool yard, one of the French
doors must comply with Subsection 303.3.1.1(1) and the other door must have:
(1) a keyed dead bolt or keyless bolting device capable of insertion into the
doorjamb above the door, and a keyless bolting device capable of insertion into
the floor or threshold; or,
(2) a bolt with at least a 3/4 -inch throw installed inside the door and operated
from the edge of the door that is capable of insertion into the doorjamb above the
door and another bolt with at least a 3/4 -inch throw installed inside the door and
operated from the edge of the door that is capable of insertion into the floor or
threshold.
303.1.1.3 If a sliding glass door of a building opens into the pool yard, the sliding
glass door must have: (1) a sliding door handle latch or sliding door security bar
that is installed not more than 48 inches above the interior floor; and (2) a sliding
door pin lock that is installed not more than 48 inches above the interior floor.
303.1.1.4 A door, sliding glass door, or French door that opens into a pool yard
from an area of a building that is not used by residents and that has no access to
an area outside the pool yard is not required to have a lock, latch, dead bolt, or
keyless bolting device.
303.1.1.5 A keyed dead bolt, keyless bolting device, sliding door pin lock, or
sliding door security bar installed before September 1, 1993, may be installed not
more than 54 inches from the floor.
303.1.1.6 A keyed dead bolt or keyless dead bolt, installed in a dwelling on or
after September 1, 1993, must have a bolt with a throw of not less than one inch.
303.1.2 Window and Window Screens. A wall of a building constructed before
January 1, 1994, may not be used as part of a pool yard enclosure unless each
window in the wall has a latch and unless each window screen on a window in
the wall is affixed by a window screen latch, screws, or similar means. This
section does not require the installation of window screens. A wall of a building
constructed on or after January 1, 1994, may not be used as part of a pool yard
enclosure unless each ground floor window in the wall is permanently closed and
unable to be opened.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. 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.
304.2 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.
304.3 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 4 inches (102 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm).
304.4 Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the imposed dead
and live loads.
304.5 Foundation walls. All foundation walls shall be maintained plumb 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.
304.6 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.
304.7 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 free from
obstructions. Roof water shall not be discharged in a manner that creates a
public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels, terracotta trim,
wall facings and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
304.9 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 rust by periodic
application of weather -coating materials, such as paint or similar surface
treatment.
304.10 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.
304.11 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.
304.12 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.
304.13 Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained free from cracks and
holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall
be easily openable and capable of being held in position by window hardware.
304.14 Insect screens. During the period from [DATE] to [DATE], every door,
window and other outside opening required for ventilation of habitable rooms,
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 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall
have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means,
such as air curtains or insect repellent fans, are employed.
304.15 Doors. All exterior doors, door assemblies and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units, rooming
units and guestrooms shall tightly secure the door. Locks on means of egress
doors shall be in accordance with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained
to prevent the entrance of rodents, rain and surface drainage water.
304.17 Guards for basement windows. Every basement window that is
openable shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
304.18 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.
304.18.1 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 meeting specifications set forth herein. Such deadbolt locks shall be
operated only by the turning of a knob or a key and shall have a lock throw of not
less than one -inch. For the purpose of this section, a sliding bolt shall not be
considered an acceptable deadbolt lock. Such deadbolt locks shall be installed
according to manufacturer's specifications and maintained in good working order.
All deadbolt locks required by this section shall be designed and installed in such
a manner so as to be operable inside of the dwelling unit, rooming unit or
housekeeping unit without the use of a key, tool, combination thereof or any
other special knowledge or effort.
304.18.2 Windows. Operable windows located in whole or in part within six feet
(1828 mm) 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 window sash locking devices.
304.18.3 Basement hatchways. Basement hatchways that provide access to a
dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall
be equipped with devices that secure the units from unauthorized entry.
SECTION 305
INTERIOR STRUCTURE
305.1 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.
305.2 Structural members. All structural members shall be maintained
structurally sound, and be capable of supporting the imposed loads.
305.3 Interior surfaces. 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.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch,
deck or other walking surface shall be maintained in sound condition and good
repair.
305.5 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.
305.6 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.
SECTION 306
HANDRAILS AND GUARDRAILS
306.1 General. Every exterior and interior flight of stairs having more than four
risers shall have a handrail on one side of the stair and every open portion of a
stair, landing, balcony, porch, deck, ramp or other walking surface which is more
than 30 inches (762 mm) above the floor or grade below shall have guards.
Handrails shall not be less than 30 inches (762 mm) high nor more than 42
inches (1067 mm) high measured vertically above the nosing of the tread or
above the finished floor of the landing or walking surfaces. Guards shall not be
less than 30 inches (762 mm) high above the floor of the landing, balcony, porch,
deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted
building code.
SECTION 307
RUBBISH AND GARBAGE
307.1 Accumulation of rubbish or garbage. All exterior property and
premises, and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all
rubbish in a clean and sanitary manner by placing such rubbish in approved
containers.
307.2.1 Rubbish storage facilities. The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner of the
premises shall be responsible for the removal of rubbish.
307.2.2 Refrigerators. Refrigerators and similar equipment not in operation
shall not be discarded, abandoned nor stored on premises without first removing
the doors.
307.3 Disposal of garbage. Every occupant of a structure shall dispose of
garbage in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
307.3.1 Garbage facilities. The owner of every dwelling shall supply one of
the following: an approved mechanical food waste grinder in each dwelling unit;
an approved incinerator unit in the structure available to the occupants in each
dwelling unit; or an approved leakproof, covered, outside garbage container.
307.3.2 Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof containers
provided with close -fitting covers for the storage of such materials until removed
from the premises for disposal.
SECTION 308
EXTERMINATION
308.1 Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent reinfestation.
308.2 Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
308.3 Single occupant. The occupant of a one -family dwelling or of a single -
tenant nonresidential structure shall be responsible for extermination on the
premises.
308.4 Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or shared areas of
the structure and exterior property. If infestation is caused by failure of an
occupant to prevent such infestation in the area occupied, the occupant shall be
responsible for extermination.
308.5 Occupant. The occupant of any structure shall be responsible for the
continued rodent and pest -free condition of the structure.
Exception: Where the infestations are caused by defects in the structure,
the owner shall be responsible for extermination.
CHAPTER 4
LIGHT, VENTILATION AND
OCCUPANCY LIMITATIONS
SECTION 401
GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum
conditions and standards for light, ventilation and space for occupying a
structure.
401.2 Responsibility. The owner of the structure shall provide and maintain
light, ventilation and space conditions 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 chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation
herein prescribed, artificial light or mechanical ventilation complying with the
International Building Code shall be permitted.
SECTION 402
LIGHT
402.1 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 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 (914 mm) 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.
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 of the floor area of the interior room
or space, but not less than 25 square feet (2.33 m2). The exterior glazing area
shall be based on the total floor being served.
402.2 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 (19m2) of floor area or equivalent illumination, provided that
the spacing between lights shall not be greater than 30 feet (9144 mm). 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 one foot candle (11 lux) at
floors, landings and treads.
402.3 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.
SECTION 403
VENTILATION
403.1 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 45 percent of the minimum glazed area required in Section
402.1
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 of the floor area of the interior room or space,
but not less than 25 square feet (2.33m2). The ventilation openings to the
outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall
comply with the ventilation requirements for habitable spaces as required by
Section 403.1, 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.
Exception: Where specifically approved in writing by the code official.
403.3 Process ventilation. Where injurious, toxic, irritating or noxious fumes,
gases, dust or mist is generated, a local exhaust ventilation system shall be
provided to remove the contaminating agent at the source. Air shall be exhausted
to the exterior and not be recirculated to any space.
403.4 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.
SECTION 404
OCCUPANCY LIMITATIONS
404.1 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.
404.2 Minimum room widths. A habitable room, other than a kitchen, shall not
be less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a
clear passageway of not less than three feet (914 mm) between counter fronts
and appliances or counter fronts and walls.
404.3 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 (2134 mm).
Exceptions:
1. In one -and two-family dwellings, beams or girders spaced not less than
four feet (1219 mm) on center and projecting not more than six inches (152 mm)
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 eight inches (2033 mm) with not less than six feet four inches (1932 mm) 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 (2134 mm) 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 (1524 mm) or
more shall be included.
404.4 Bedroom requirements. Every bedroom shall comply with the
requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Area for sleeping purposes. Every bedroom occupied by one person
shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom
occupied by more than one person shall contain at least 50 square feet (4.6 m2)
of floor area for each occupant thereof.
404.4.2 Access from 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.
404.4.3 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.
404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be
used for sleeping purposes.
404.4.5 Other requirements. Bedrooms shall comply with the applicable
provisions of this code including, but not limited to, the light, ventilation, room
area, ceiling height and room width requirements of this chapter; the plumbing
facilities and water -heating facilities requirements of Chapter 5; the heating
facilities and electrical receptacle requirements of Chapter 6; and the smoke
detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants
than permitted by the minimum area requirements of Table 404.5.
TABLE 404.5
MINIMUM AREA REQUIREMENTS
MINIMUM AREA IN SQUARE FEET
i
6 or more
SPACE 1-2 occupants 3-5 occupants occupants
Living room "'No requirements 120 150
Dinin room a, No requirements 80 100
Bedrooms Shall comply with Section 404.4
For SI: 1 square foot=0.093 m2
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy
area for sleeping purposes.
404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5
shall not be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
404.5.2 Combined spaces. Combined living room and dining room spaces
shall comply with the requirements of Table 404.5 if the total area is equal to that
required for separate rooms and if the space is located so as to function as a
combination living room/dining room.
404.6 Efficiency 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 (20.4 m2). A unit occupied by three
occupants shall have a clear floor area of not less than 320 square feet (29.7
m2). 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 30
inches (762 mm) 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.
404.7 Food preparation. All spaces to be occupied for food preparation
purposes shall contain suitable space and equipment to store, prepare and serve
food 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.
CHAPTER 5
PLUMBING FACILITIES AND
FIXTURE REQUIREMENTS
SECTION 501
GENERAL
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing
systems, facilities and plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and maintain
such plumbing facilities and plumbing fixtures in compliance with these
requirements. A person shall not occupy as owner -occupant or permit another
person to occupy any structure or premises which does not comply with the
requirements of this chapter.
SECTION 502
REQUIRED FACILITIES
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or
shower, lavatory, water closet and kitchen sink which shall be maintained in a
sanitary, safe working condition. The lavatory shall be placed in the same room
as the water closet or located in close proximity to the door leading directly into
the room in which such water closet is located. A kitchen sink shall not be used
as a substitute for the required lavatory.
502.2 Rooming houses. At least one water closet, lavatory and bathtub or
shower shall be supplied for each four rooming units.
502.3 Hotels. Where private water closets, lavatories and baths are not
provided, one water closet, one lavatory and one bathtub or shower having
access from a public hallway shall be provided for each ten occupants.
502.4 Employees' facilities. A minimum of one water closet, one lavatory and
one drinking facility shall be available to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water
cooler, bottled water cooler or disposable cups next to a sink or water dispenser.
Drinking facilities shall not be located in toilet rooms or bathrooms.
SECTION 503
TOILET ROOMS
503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not
constitute the only passageway to a hall or other space, or to the exterior. A door
and interior locking device shall be provided for all common or shared bathrooms
and toilet rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units,
dormitory units or housekeeping units shall have access by traversing not more
than one flight of stairs and shall have access from a common hall or
passageway.
503.3 Location of employee toilet facilities. Toilet facilities shall have access
from within the employees' working area. The required toilet facilities shall be
located not more than one story above or below the employees' working area
and the path of travel to such facilities shall not exceed a distance of 500 feet
(152 m). Employee facilities shall either be separate facilities or combined
employee and public facilities.
Exception: Facilities that are required for employees in storage structures
or kiosks, which are located in adjacent structures under the same ownership,
lease or control, shall not exceed a travel distance of 500 feet (152 m) from the
employees' regular working area to the facilities.
503.4 Floor surface. In other than dwelling units, every toilet room floor shall
be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to
be easily kept in a clean and sanitary condition.
SECTION 504
PLUMBING SYSTEMS AND FIXTURES
504.1 General. All plumbing fixtures shall be properly installed and maintained
in working order, and shall be kept free from obstructions, leaks and defects and
be capable of performing the function for which such plumbing fixtures are
designed. All plumbing fixtures shall be maintained in a safe, sanitary and
functional condition.
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances
for usage and cleaning.
504.3 Plumbing system hazards. Where it is found that a plumbing system in a
structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, inadequate venting, cross connection, backsiphonage,
improper installation, deterioration or damage or for similar reasons, the code
official shall require the defects to be corrected to eliminate the hazard.
SECTION 505
WATER SYSTEM
505.1 General. 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.
505.2 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.
505.3 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.
505.4 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 (430C). 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.
SECTION 506
SANITARY DRAINAGE SYSTEM
506.1 General. All plumbing fixtures shall be properly connected to either a
public sewer system or to an approved private sewage disposal system.
506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall
function properly and be kept free from obstructions, leaks and defects.
SECTION 507
STORM DRAINAGE
507.1 General. 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.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601
GENERAL
601.1 Scope. The provisions of this chapter shall govern the minimum
mechanical and electrical facilities and equipment to be provided.
601.2 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 do not comply with the requirements of this
chapter.
SECTION 602
HEATING FACILITIES
602.1 Facilities required. Heating facilities shall be provided in structures as
required by this section.
602.2 Residential occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68°F (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.
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.
602.3 Heat supply. Every owner and operator of any building who rents, leases
or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms,
either expressed or implied, to furnish heat to the occupants thereof shall supply
heat during the period from [DATE] to [DATE] to maintain a temperature of not
less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. 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.
2. In areas where the average monthly temperature is above 30°F (-1 °C) a
minimum temperature of 65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be
supplied with heat during the period from [DATE] to [DATE] to maintain a
temperature of not less than 65°F (18°C) during the period the spaces are
occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special
temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical
activities.
602.5 Room temperature measurement. The required room temperatures
shall be measured three feet (914 mm) above the floor near the center of the
room and two feet (610 mm) inward from the center of each exterior wall.
SECTION 603
MECHANICAL EQUIPMENT
603.1 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.
603.2 Removal of combustion products. All fuel -burning equipment and
appliances shall be connected to an approved chimney or vent.
Exception: Fuel -burning equipment and appliances which are labeled for
unvented operation.
603.3 Clearance. All required clearances to combustible materials shall be
maintained.
603.4 Safety controls. All safety controls for fuel -burning equipment shall be
maintained in effective operation.
603.5 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 -burning equipment.
603.6 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.
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be provided with an
electrical system in compliance with the requirements of this section and Section
605.
604.2 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.
604.3. 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.
SECTION 605
ELECTRICAL EQUIPMENT
605.1 Installation. All electrical equipment, wiring and appliances shall be
properly installed and maintained in a safe and approved manner.
605.2 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.
605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room and furnace room shall contain at least one
electric lighting fixture.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General. Elevators, dumbwaiters and escalators shall be maintained to
sustain safely all imposed loads, to operate properly, and to be free from physical
and fire hazards. The most current certificate of inspection shall be on display at
all times within the elevator or attached to the escalator or dumbwaiter; or the
certificate shall be available for public inspection in the office of the building
operator.
606.2 Elevators. In buildings equipped with passenger elevators, at least one
elevator shall be maintained in operation at all times when the building is
occupied.
Exception: Buildings equipped with only one elevator shall be permitted
to have the elevator temporarily out of service for testing or servicing.
SECTION 607
DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of obstructions and shall
be capable of performing the required function.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
SECTION 701
GENERAL
701.1 Scope. The provisions of this chapter 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.
701.2 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 chapter.
SECTION 702
MEANS OF EGRESS
702.1 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.
702.2 Aisles. The required width of aisles in accordance with the International
Fire Code shall be unobstructed.
702.3 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 Intemational Building Code.
702.4 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.
SECTION 703
FIRE -RESISTANCE RATINGS
703.1 Fire -resistance rated assemblies. The required fire -resistance rating of
fire -resistance -rated walls, fire stops, shaft enclosures, partitions and floors shall
be maintained.
703.2 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.
SECTION 704
FIRE PROTECTION SYSTEMS
704.1 General. 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.
704.2 Smoke alarms. Single or multiple -station smoke alarms 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 alarms shall be installed in accordance with the
International Fire Code.
704.3 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.
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.
704.4 Interconnection. Where more than one smoke alarm is required to be
installed within an individual dwelling unit in Groups 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.
Exceptions:
1. Interconnection is not required in buildings which are not undergoing
alterations, repairs, or construction of any kind.
2. 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
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.
CHAPTER 8
REFERENCED STANDARDS
This chapter lists the standards that are referenced in various sections of this
document. The standards are listed herein by the promulgating agency of the
standard, the standard identification, the effective date and title, and the section
or sections of this document that reference the standard. The application of the
referenced standards shall be as specified in Section 102.7.
ICC International Code Council
5203 Leesburg Pike, Suite 600
Falls Church, VA 22041
Standard reference
Title
number
ICC EC -03
ICC Electrical CodeTm—Administrative
IBC -03
International Building Code® .
IEBC-03
International Existing Building CodeTm
IFC -03
i International Fire Code®
IMC -03
1 International Mechanical Code®
IPC -03
International Plumbing Code®
IZC-03
International Zoning Code®
Referenced in code section
number
201.3, 604.2
201.3, 401.3, 702.3
101.3, 102.3, 201.3
201.3, 702.1, 702.2, 704.1, 704.2
201.3
201.3, 505.1, 602.2, 602.3
201.3