HomeMy WebLinkAboutOrd 462-2009 Establishing Multi-Family Dwelling Regulations.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 462-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY ESTABLISHING A NEW SECTION 19 UNDER
EXISTING PART 11, ARTICLE 8, SAID NEW SECTION ESTABLISHING MULTI-
FAMILY DWELLING REGULATIONS; PROVIDING FOR LICENSE
REQUIREMENT AND REGISTRATION OF NAME; PROVIDING FOR LICENSE
APPLICATION, RENEWAL AND EXPIRATION; PROVIDING FOR LICENSE
FEES; PROVIDING FOR INSPECTIONS, RE -INSPECTIONS AND CERTIFICATE
OF OCCUPANCY; PROVIDING FOR APPEALS; PROVIDING FOR RELATED
REGULATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF $2,000 FOR EACH OFFENSE;
PROVIDING FOR INJUNCTIVE RELIEF AND DECLARING AN EFFECTIVE DATE
FOR THE ORDINANCE.
THEREFORE,ORDAINED BY THE CITY COUNCILOF -
ANNA, TEXAS, THAT: I
• • o �••• rmili - r -r •
In accordance with Part 11, Article 1, Section 9 of The Anna City Code of Ordinances
("Anna Code"), the City Council hereby amends Part 11, Article 8 of the Anna Code
by creating the following Section 19, entitled Multi -Family Dwelling Regulations.
Section 19. Multi -Family Dwelling Regulations
19.01 Title, Purpose, and Scope
(a) Title. This section of The Anna City Code of Ordinances ("Anna Code") is
titled the "Multi -Family Dwelling Regulations." It is referenced below as
this "section."
(b) Purpose. The purpose of this section is to provide minimum standards
and regulations to help safeguard and preserve life or limb, property, and
public welfare by regulating the licensing, use and maintenance of Multi -
Family Dwelling Units and associated Premises within the City.
(c) Scope. This section applies to all zoning districts, land and properties
within the City, including all vacant and occupied Apartment Complexes.
(d) Other law. If state statutes or other ordinances of the City conflict with the
standards and regulations of this section, the more restrictive standard
(or regulation) prevails.
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(e) Intent. It is the intent of this section to regulate and control public
nuisances and other conditions and circumstances that adversely affect
the health, safety, and welfare of the general public; it is not intended that
this section be interpreted or enforced to require the City to intervene in
matters that are primarily personal or private in nature, more
appropriately resolved between or among private persons or interests.
19.02 Definitions
Where terms are not defined in this subsection, they have their ordinary
accepted meaning within the context with which they are used. Words in the
singular form include the plural. Words in the masculine gender include the
feminine, and the feminine gender include the masculine. The following terms
are defined and apply to this section unless defined differently elsewhere in this
section:
Apartment Building means any Structure containing three or more Dwelling
Units used as a home, residence or sleeping place by one Person, or more
than one Person maintaining a common household, to the exclusion of others,
under a lease or rental contract or arrangement with one or more Owners of
the Structure.
Apartment Complex means an Apartment Building or more than one adjacent
Apartment Buildings, which are under common Ownership and management.
Building Official means the Building Official of the City of Anna or the City
Manager's designee.
Building Code means the applicable provisions of the Codes adopted under the
Anna Code, Part II, Article 8.
City means the City of Anna, Texas.
Dwelling Unit means a Structure, or that part of a Structure, which is used as a
residence or sleeping place by one Person, or more than one Person
maintaining a common household, to the exclusion of others, under a lease or
rental contract or arrangement with one or more Owners of the Structure.
Family means a number of individuals living together as a single housekeeping
unit, in which not more than three individuals are unrelated by blood, marriage,
or adoption.
Landlord means an Owner, Resident Manager, or Property Manager of an
Apartment Complex or any other Person held out by any Owner, Resident
Manager, and Property Manager as the appropriate Person with whom the
Tenant normally deals with concerning a Rental Agreement, Apartment
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Building or Apartment Complex.
License means a License issued by the Building Official for the operation of an
Apartment Complex in accordance with this section and referred to as
"License" in this section.
Multi -Family Dwelling Unit means a Dwelling Unit comprising part of an
Apartment Building.
Owner means a Person claiming, or in whom is vested, the Ownership,
dominion or title of real property, including, but not limited to:
(1) holder of fee simple title;
(2) holder of life estate;
(3) holder of leasehold estate for an initial term of five years or
more;
(4) a Landlord, as defined in this subsection;
(5) a buyer in a contract for deed; or
(6) a mortgagee, receiver, executor or trustee in control of real
property; but not including the holder of a leasehold estate or
tenancy for an initial term of less than five years.
Person means and includes a natural Person, corporation, business trust,
estate, trust, partnership or association, two or more Persons having a joint
interest, or any other legal or commercial entity.
Premises means a lot, plot or parcel of land, including any Structure thereon,
and furthermore, including an Apartment Building or Apartment Complex, its
appurtenances, grounds and facilities held out for the use of Tenants generally
and any other area or facility promised for the Tenant's use.
Property Manager means a Person who for compensation has managing
control of real property for an Owner.
Resident Manager means a Property Manager or agent of a Property Manager
who resides in the Apartment Complex or elsewhere on the associated
Premises.
Rental Agreement means and includes all agreements, written or oral, which
establish or modify the terms, conditions, rules, regulations, or any other
provisions concerning the use and occupancy of a Structure.
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Structure means that which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined
together in some definite manner.
Tenant means any Person who occupies a Structure for living or dwelling
purposes under a Rental Agreement or with or without the consent of the
Landlord who claims ownership or control of the Structure.
Trade Name means the common name of an Apartment Complex as held out
by an Owner in signage, advertising, or otherwise, if such name is in any way
different than the legal name of the Owner.
19.03 License Required; Registration of Trade Name
(a) It shall be unlawful for any Person to own, operate, manage or
maintain an Apartment Complex in the City without a current and
valid License as described herein having been issued for same.
Any Person owning, operating, managing, or maintaining an
Apartment Complex at more than one location must obtain a
License for each separate location. The License issued to an
Owner authorizes such Owner and its bona fide agents or
employees to lease out a Multi -Family Dwelling Unit to Tenants at
the locations of the Premises specified in the License.
(b) An Owner must register with the Building Official the Owner's full
legal name and the Trade Name of an Apartment Complex, if any,
and may not use or permit to be used more than one trade name at
a single location.
19.04 License Application, Renewal and Expiration
(a) An applicant for a License or his agent must complete, execute and
file with the Building Official a written application form provided by
the City for that purpose. If an applicant owns an Apartment
Complex at more than one location, a separate application must be
completed, executed, and filed for each location. The following
information must be disclosed in the application:
Name, address, telephone number of Owner, Property Manager,
and any Resident Manager;
The trade name of Apartment Complex;
The number of Dwelling Units broken down as to number of
efficiencies, one -bedroom, two -bedroom and three -bedroom;
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Acknowledgement of receipt of a copy of this section as amende(f
and a pledge to abide by same as a condition to receiving anio-j
maintaining a License.
(b) All Apartment Complexes in operation at the time that this section
becomes effective must apply for a License by December 31, 2009.
(c) Licenses issued on or before December 31, 2009 expire December
31, 2010. All Licenses issued after December 31, 2009 expire the
31st day of December of the year in which they are issued.
(d) The Building Official may, at any time, require additional relevant
information of the Owner or Landlord to clarify items on the
application. The applicant must promptly provide the information in
a written document signed by the applicant, unless the requirement
for a written document is waived by the Building Official.
(e) Upon changing ownership of an Apartment Complex, a new
License must be obtained within 30 days of the change with the fee
for the new License being charged on a prorated basis. The Owner
shall notify the City within 30 days of the change of ownership,
Property Manager or Resident Manager.
19.05 License Fees
The annual fee for an Apartment Complex License is $100 or $25 per Dwelling
Unit, whichever is greater. The fee for issuing a replacement for a lost,
destroyed, or mutilated License is $25. The fee is payable to the City upon
issuance of the License. No refund of a License fee will be made, even in
cases in which an Apartment Complex is sold or its operation is discontinued
during the period for which a License was originally granted.
19.06 License Display, Replacement and Transferability
(a) Each License issued under this section must be posted and
displayed in an Apartment Complex office in a conspicuous
location to which Tenants have access. If there is no office on site,
an Owner shall provide each Tenant a copy of the license.
(b) A replacement License may be issued for a lost, destroyed or
mutilated License upon application on the form provided by the
Building Official. A replacement License must have the word
"Replacement" stamped across its face and must bear the same
number as the one it replaces.
(c) An Apartment Complex License licenses only one Person to
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operate a single Apartment Complex and is not assignable or
transferable, even as to a subsequent purchaser of an Apartment
Complex.
(d) The form of the License must be prepared by the Building Official.
19.07 Appointment, Powers and Duties of Building Official
(a) The Building Official is designated as the administrator of this
section.
(b) In addition to the powers and duties previously prescribed for the
Building Official, as administrator of this section he or she is
required to:
(1) administer and enforce all provisions of this section;
(2) keep records related to and copies of License applications
and Licenses issued;
(3) adopt rules and regulations, not inconsistent with the
provisions of this section, with respect to the form and
content of applications for Licenses, the investigation of an
application, and other matters incidental or appropriate to his
or her powers and duties as may be necessary for the proper
administration and enforcement of the provisions of this
section and within the scope of the subject matter and intent
of this section; and,
(4) conduct, on his or her own initiative, periodic investigations of
Apartment Complexes throughout the City concerning
compliance with this section.
19.08 Inspections, Re -inspections and Certificate of Occupancy
(a) The Owner, as a condition to the issuance of the License required
by this section, must consent to allow —and by accepting a License
does consent to grant and allow —the Building Official to make the
following inspections of the Apartment Complex or Premises at any
reasonable time that the Building Official determines an inspection
is needed to ensure compliance with this section:
(1) right and access to inspect all portions of the Premises and
Structures located on the Premises. This includes all storage
areas, community buildings, swimming pools, athletic
facilities, club rooms, equipment rooms and all other portions
of the facilities not constructed as Dwelling Units on the
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Premises, upon reasonable advance notice being given to
the Owner, , Tenant, Landlord, or Property Manager, as
necessary;
(2) right and access to inspect all unoccupied parts of any
Structure; and,
(3) right and access to inspect occupied Dwelling Units with the
permission of either the Owner, Property Manager, Resident
Manager, Tenant, occupant, or Person in control, as
necessary.
(4) Annually, once each year, the Owner, Resident Manager or
Property Manager shall make all dwelling units in the
apartment complex available for inspection by the Building
Official. The Building Official and the Owner, Resident
Manager or Property Manager shall agree on a reasonable
date and time for each annual inspection. If mutual
agreement cannot be reached as to an inspection time, the
annual inspections shall occur between December 1 and
December 31 of each year.
(b) The Building Official may enforce the provisions of this section and
upon presentation of proper identification and notification to the
Owner, Property Manager or Resident Manager may enter any unit
between the hours of 8:00 a.m. and 5:00 p.m.; provided, however,
that in cases of emergency where hazards are known to exist,
which may involve imminent injury to Persons, loss of life or severe
property damage, the Building Official may enter the
aforementioned dwellings at any time during such emergencies for
the purpose of emergency response. In any instance where the the
Building Official is denied admission to inspect any Premises,
inspection shall be made only under authority of a warrant issued
by a magistrate or judge authorizing the inspection. Unlawful or
unreasonable denial of inspection by the Building Official is a
violation of this section and may be grounds for revocation of a
License and penalties under section 19.12.
(c) If required by the Building Official, a representative of the Owner,
Property Manager or Resident Manager, who is at least 18 years of
age, must be present during an inspection.
(d) Re -inspection Fee. A re -inspection may be charged to verify that
violations have been repaired or corrected. The fee shall be $25
per unit for each re -inspection of noted violations in a dwelling unit
and $50 for noted violations on the exterior Premises. Failure to
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pay a re -inspection fee shall be considered a violation of this article
and subject to penalties in section 19.12.
(e) Certificate of Occupancy. Failure to comply with the terms of this
section after receipt of written notice of violation from the Building
Official setting out the violation and time period to cure the violation
shall result in revocation of any certificate of occupancy previously
issued and any License issued under this section.
(f) Reinstatement. Any Person requesting a reinstatement or re -
issuance of the Certificate of Occupancy shall be required to apply
for and receive a new License issued under this section as a
condition precedent to the re -issuance or reinstatement of the
Certificate of Occupancy.
19.09 Appeals
The Owner or Property Manager of property regulated by this
Ordinance may appeal any decision or order of the Building
Official related to the enforcement of this section to the Board of
Adjustments, under the same procedures set forth in Part III-C,
Section 43.05, of the Anna •!'
19.10 License Standards
(a) Continued compliance with the regulations and standards in this
section must be maintained in order to obtain a License or to
obtain a License renewal.
(b) It is unlawful for any Person to permit or allow more than one
Family to reside in any single Dwelling Unit. A Landlord shall keep
records identifying all Tenants in each unit and head of each
household. Records shall be available for review by the Building
Official during regular working hours upon receipt of reasonable
notice
(c) All city building, electrical, mechanical, plumbing, health, zoning
and other applicable ordinances, including the property
maintenance code, shall be complied with at all times.
(d) The Owner, Landlord, and/or Property Manager shall require that
an apartment lease contract be executed between the Apartment
Complex and the Tenant and/or Tenants who will occupy a
Dwelling Unit. The lease shall contain a provision which allows the
Owner, Landlord and Property Manager to open and allow access
to the Dwelling Unit for inspections conducted under this section. If
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the Apartment Complex's standard lease • does not contain
the provision stated in this section, the Owner and/or Property
Manager shall require the Tenant to sign, as a condition for
occupancy of a Dwelling Unit, a document provided by the City
which will allow the Owner, Landlord, or Property Manager to open
and allow access to a Dwelling Unit to the Building Inspector for
the purpose of inspections conducted as provided for under this
•
19.11 Retaliatory Eviction
(a) A Landlord may not retaliate against a Tenant by increasing rent or
cutting off utilities, or evict the Tenant from the Premises because:
(1) the Tenant has made a good faith complaint to the Building
Official about conditions of the premises, Apartment
Complex, or Dwelling Unit that might not be in compliance
with other ordinances or which conditions materially affect the
health and safety of the Tenant or the Tenant's property, and
the condition was not deliberately or intentionally caused by
the Tenant;
(2) the Tenant makes a general complaint to the Landlord about
a violation of his or her rights under this section; or,
(3) the Tenant files a complaint with the Building Official against
the Landlord under this section.
(b) Notwithstanding a claim of retaliation under this section, a Landlord
may still evict a Tenant if the Landlord would have a right to evict
the Tenant under the Rental Agreement and state law and:
(1) the Tenant's rent obligations are overdue;;
(2) the Tenant or his or her agent, invitee, or visitor deliberately
or intentionally caused any violation(s) of this section; or
(3) the Tenant is damaging property, disturbing the peace, or
using the Dwelling Unit for illegal purposes.
19.12 Penalty
Any Person, firm or corporation violating any of the provisions of this
section shall be deemed guilty of a misdemeanor and, upon conviction, shall
be punished by a penalty of fine not to exceed the sum of $2,000 for each
offense, and each day such violation exists or continues, it shall constitute a
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separate offense.
19.13 Injunctive Relief
In addition to and cumulative of all penalties, the City has the right to
seek injunctive relief to remedy any and all violations of this section.
Section 2. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any Person
convicted of any such violation shall be fined in an amount not to exceed $2,000 for
each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be held
to be invalid or unconstitutional, the remainder of such ordinance shall continue in
full force and effect the same as if such invalid or unconstitutional provision had
never been a part hereof. The City 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 section, subsection, sentence, clause, and phrase be
declared unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and
upon the posting and/or publication, if required by law, of its caption and the City
Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 8th day of September,
2009.
ATTESTED: APPROVED:
C' Secretary, Natha Wilkison ,,� ® F , or, ar en . Driskell
eel',
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