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HomeMy WebLinkAboutOrd 1092-2024-02 Amending Code of Ordinances Article 4.08 Rental Housing, Division 1CITY OF ANNA, TEXAS ORDINANCE NO. 10q 2 - A3 :2 U - O2 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF ANNA, TEXAS, BY AMENDING ARTICLE 4.08 (RENTAL HOUSING), DIVISION 1 (SINGLE-FAMILY AND DUPLEX DWELLINGS); ESTABLISHING REGULATIONS FOR LANDLORDS AND OWNERS OF RENTAL PROPERTIES; OTHERWISE REGULATING RENTAL PROPERTIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna deems it necessary for promoting the health, safety and general welfare of the City and its residents, to adopt and enforce regulations regarding residential rental properties which are offered for lease or rent in the City; and WHEREAS, the City currently has regulations in place that require landlords to maintain all residential renter -occupied dwellings in safe or sanitary conditions, and a need continues to exist to protect the health and safety of those citizens who increasingly occupy residential rental property; and WHEREAS, the residential rental program shall continue to be implemented Citywide and shall apply to each single-family, two-family (Duplex), townhouse, multi -family (apartment) and other residential rental unit or property in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1: That Chapter 4 Building Regulations, Article 4.08 Rental Housing, Division 1 Single -Family and Duplex Dwellings of the Anna City Code of Ordinances be and is hereby amended as follows: CHAPTER 4 BUILDING REGULATIONS ARTICLE 4.08 RENTAL HOUSING Division 1. Single -Family, and -Duplex Dwellings, Townhomes and Short -Term Rentals Sec.4.08.001 Definitions For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates otherwise: Code compliance manager. Shall person designated by the city manager as being responsible for the administration and enforcement of this article. Dwelling unit. A structure or that part of a structure which is used as a residence. CITY OF ANNA, TEXAS ORD. NO. 0 - 0 —02 PAGE 1 Landlord. The owner, property manager, or any person having or exercising supervision or control over rental property that is or is intended to be occupied by another. A person having or exercising supervision or control of rental property is, for all purposes under this article, deemed a landlord, regardless of whether ownership or title to the real estate is vested in another. Owner. Any person claiming, or in whom is vested, the ownership, dominion or title of real property, including, but not limited to: (1) The holder of fee simple title; (2) The holder of a life estate; (3) The holder of a leasehold estate for a term of at least five years; (4) The holder of a leasehold estate who, in tam, subleases property to another; or (5) The buyer in a contract for deed. As used in this division, owner also includes any agent, association, company, corporation, firm, partnership, person or organization of any kind having a legal or equitable interest in a rental property. Rental property or rental properties. A single-family or duplex dwelling unit, a short-term rental, or a townhouse, not eeetip:ea by the owner, and whigh that is leased or rented or intended to be leased or rented to another ne or more Dersons, for or without consideration; the term also includes any such structure in which individual rooms or spaces within such structure are leased or rented or intended to be leased or rented to one or more Dersons. for or without consideration. Short -tern: rental(s). A rental property, including a single-family dwelling or a unit in a condominium, townhome, apartment, cooperative, or time share that is rented wholly or partly for a fee for a period not longer than 30 days. Tenant. Any person who occupies rental property for residential purposes with the landlords consent, regardless of whether the occupancy is in exchange for monetary consideration. Townhouse. One of a series of not less than three nor more than 10 attached one -family dwellings under common roof with common exterior wall and separated from one another by single partition walls without openings from basement to roof. (Ordinance 838-2019, sec. 1, adopted 12/10/19. Ordinanl09Z-Z0Z4 - ado ted 2 /2 2/20*4 Sec. 4.08.002 Applicability: adoption of Disable Persons Location Act This division shall apply to all single-family and duplex dwelling rental properties, short-term rentals, and townhouse rental properties within the territorial limits of the city. Division 2 of this article shall apply to apartment buildings, apartment complexes, multifamily dwellings not covered by this division, and the individual apartments and dwelling units within those buildings. (Ordinance 838-2019, sec. 1, adopted 12/10/19, Ordinancoq 2 -L0L4 adopted 2/274 Zoe4 CITY OF ANNA, TEXAS ORD. NO. 104 Z - ZO L4 -0,2 PAGE 2 Sec. 4.08.003 Registration of rental properties required (a) No person shall own, operate, lease, rent or maintain rental property within the city without first registering the rental property with the city. Rental properties shall be registered each calendar year upon expiration, which is the 31st of December of every year. Registration shall be by written application submitted to and on a form provided by the code compliance manager identifying, at a minimum, the name and address of the owner, the name and address of the landlord, and the address, age and interior square footage of the rental property. Registration may be approved but occupancy may not occur unless and until the rental property has been inspected for compliance with the minimum standards set forth in this article. (b) Rental property registration may be denied, suspended or revoked by the code compliance manager if: (1) The application contains false information; (2) There are utility fees and/or charges over 60 days past due for the rental property over which the landlord is responsible; (3) The rental property is not in compliance with the standards set forth in this article; (4) Access to the property by the code compliance manager has been impaired so as to prevent timely inspection of the premises; (5) A change in tenancy has occurred and the landlord or owner has failed to request an inspection as required by this article; or (6) There exists any condition in, on or near the rental property that renders the rental property unsafe or unfit for human habitation or occupancy or presents a threat to public health or safety. (c) A denial, suspension or revocation may be appealed to the city manager if written notice of the appeal is received within twenty (20) days of the denial, suspension or revocation. The city manager's decision shall be final and binding. (Ordinance 838-2019, sec. 1, adopted 12/10/19: Ordina0nce 92-2024-0 adopted Z/Z:�/Zo2i1 Sec. 4.08.004 Applications and fees (a) The code compliance manager may, at any time, require additional information of the owner or landlord to clarify or supplement items on the application for registration. (b) The annual fee for issuing a registration shall be as set forth in section A2.008 of appendix A of this code. The fees are nonrefundable and are payable to the city when application is made to the city for the registration. The code compliance manager shall waive a registration fee for a new registration that is required solely because the rental property has had a change in tenancy occurring less than six months after the most recent previous tenancy; provided, however, that there shall be no such waiver for a short-term rental (STR) as that term may be defined elsewhere in this code. (Ordinance 838-2019, sec. 1, adopted 12/10/19. Ordinao9*Z - 2G24-olo ted 2 2 GJP�I Sec. 4.08.005 Appointment, powers and duties of code compliance manager CITY OF ANNA, TEXAS ORn. NO. t oq Z - ZO Z4 -O Z. PAGE 3 (a) The code compliance manager is hereby designated as the administrator of this article. (b) In addition to the powers and duties previously prescribed for the code compliance manager, said person shall: (1) Administer and enforce all provisions of this article; (2) Keep and maintain records of all registrations issued; (3) Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of applications for registrations, the investigation of applicants, 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 article; and (4) Conduct, on his or her own initiative, periodic investigations of rental properties throughout the city concerning compliance with this article. (Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinat)97-- 7oa4—a adopted 2/ A-7/ 20124 Sec. 4.08.006 Minimum standards All rental properties, inclusive of the primary dwelling structure, all accessory structures, and the premises comprising the property, shall be kept and maintained by the owner and the landlord in accordance with the following minimum standards: (1) The property must be maintained in a safe and habitable condition; (2) The property must be adequately served by all utilities, including but not limited to electricity, water and sanitary sewer services; (3) Any violations of the city's nuisance regulations; (4) Prohibiting junk motor vehicles, high grass and weeds, dangerous vegetation, dilapidated fencing, and accumulations of stagnant water, rubbish, and unwholesome matter of any kind shall be remedied in a timely manner upon notification; and (5) The property shall be kept and maintained in accordance with the standards and requirements set forth in the International Property Maintenance Code, as adopted by the city, or the provisions of any building, residential or property code adopted by the city for the purposes of protecting the life, health or safety of occupants or residents. (Ordinance 838-2019, sec. 1, adopted 12/10/19� Ordinance1o42_'_'"_oZ ado ted V2420 tf Sec. 4.08.007 Inspections; certificate of registration (a) Inspection. Rental property shall be inspected for compliance with the provisions of this article as follows: (1) Upon first-time registration,or if warranted by receipt of a complaint; and CITY OF ANNA, TEXAS ORD. NO. J0q Z - ZOZII -pZ PAGE 4 (2) Annually or —with the exception of short-term rentals--Eeeheach time there is a change in tenancy. and-tke-The owner or landlord shall request that the inspection be conducted by the city before the new tenancy commences. (b) No registration or release of utilities shall be issued if, as a result of an inspection, if is determined that the rental property does not comply with the standards of this article and other applicable provisions of this code. (c) Any life safety or critical deficiencies noted by the inspection shall be corrected prior to issuance of a certificate of registration and prior to occupancy. A re -inspection may not be necessary if the owner or landlord submits sufficient proof to the city from which the city can determine that all noted violations have been appropriately repaired or corrected. Sufficient proof includes, but is not limited to, an affidavit stating that the repairs have been completed, receipts for materials used in the repair or receipts for the work done to complete the repair, and/or photographs of the repair(s). (d) Certificate of registration. No rental property shall be occupied unless a valid certificate of registration has been issued by the city for the premises. A certificate of registration is required for each change in tenancy. The certificate shall be issued if, after inspection, the rental property complies with this article and other applicable provisions of this code. (Ordinance 838-2019, sec. 1, adopted 12/10/19 Ordinance1o42- 2024-0Z adopted Sec. 4.08.008 Violations; affirmative defenses (a) No person may violate any provision of this article, including landlords, owners, tenants and occupants of rental property. (b) A person commits an offense if the person acts in the capacity of a landlord without a valid registration issued under this article. (c) A landlord or an owner commits an offense if the landlord or owner rents, leases, or allows another to occupy rental property that is not registered, has not passed a city inspection, or does not have a valid certificate of registration. (d) A landlord or an owner commits an offense if the landlord or owner rents, leases, or allows another to occupy rental property after having been provided with notice of a cease and desist order issued by the code compliance manager to vacate the premises or repair or remediate a condition that is a violation of this article or causes a public nuisance. (e) No landlord or owner may prevent or impair an inspection under this article, or knowingly conceal, cover or disguise any condition that is a violation of the standards imposed by this article. (f) It shall be an affirmative defense to the prosecution of an offense under this article if: (1) The rental property is a bed and breakfast, defined herein as a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations of not more than four rooms are provided or offered for transient guests for compensation; CITY OF ANNA, TEXAS Otte. NO. 10 g 2- 20 2 4- 0 Z PAGE 5 (2) The tenant is hired by the owner as a short-term caretaker of the dwelling or is related to the owner within one degree of affinity or consanguinity; or (3) The rental property is not used for residential purposes. (Ordinance 838-2019, sec. 1, adopted 12/10/19. See end of article for full history of this article.) Sec. 4.08.009 Penalties; remedies (a) A violation of this article is punishable by a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day a violation continues shall be deemed a separate offense. (b) Unless otherwise expressly provided for herein, no intent need be pleaded or proven in the prosecution of an offense under this article, and a person in violation shall be strictly liable, regardless of intent. (c) The remedies provided for in this article are cumulative of each other and of any other remedy provided for and allowed by law. In addition to any other remedy allowed by law, the city may seek injunctive relief in any court of proper jurisdiction to restrain or enjoin a violation of any provision of this division. (Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinkacce -2o"'-'Zado ted Z tWZo 4 SECTION 2: That all ordinances of the City of Anna in conflict with the provisions of this ordinance be and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances and ordinances of the City, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4: That if any section, paragraph, sentence, subdivision, clause, phrase or provision of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision hereof other than the part so decided to be unconstitutional, illegal, or invalid and shall not affect the validity of the remainder of this ordinance or any other provision of the ordinances of the City of Anna. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2000.00) for each offense. SECTION 6: That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. CITY OF ANNA, TEXAS ORD. NO. 16 9 Z- Z O 2 - 0 Z- PAGE 6 Passed by the City Council of the City of Anna, Texas, this the 27`s day of February 2024. APPROVED:G2�k Nate Pike, Mayor ATTESTED: Carrie Land, City Se retary� CITY OF ANNA, TEXAS ORD. NO. 10 4 Z - Z O Z4 - O Z PAGE 7