HomeMy WebLinkAboutOrd 963-2022 Property Maintenance Code and Amending Chp 4CITY OF ANNA, TEXAS
ORDINANCE NO �443 �DJa
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ESTABLISHING A REVISED PROPERTY MAINTENANCE CODE AND AMENDING
CHAPTER 4 (BUILDING REGULATIONS) OF THE ANNA CITY CODE OF
ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE
NOT TO EXCEED $2,000, PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES, PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality with the full
power of local self-government charged with protecting the health, safety, and welfare of
its citizens; and
WHEREAS, in accordance with applicable Texas law, including, but not limited to,
Texas Local Government Code, Chapter 54, Texas Local Government Code Chapter
214, and Texas Health & Safety Code Chapters 341 and 342, the City seeks to exercise
its historical rights to define and prohibit nuisances within the limits of the municipality
and within 5,000 feet outside its limits; to enforce its ordinances as necessary to prevent
and summarily abate and remove nuisances; control and manage its public rights -of -
way in a competitively neutral and nondiscriminatory basis; to define and enforce rules
and penalties for violations of its ordinances, and police regulations governing fire
safety, zoning, and/or public health and sanitation; and implement certain police power
regulations in the use of those public rights -of -way; and
WHEREAS, the City is granted the authority under Texas law to enforce certain
ordinances relating to public safety, fire safety, dangerously damaged or deteriorated
buildings or improvements, conductions caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects and rodents, and the
condition, use, or appearances of property in the City;
WHEREAS, in accordance with Texas Health &Safety Code § 341.081, a home -rule
municipality may enact more stringent ordinances relating to matters covered by
Chapter 341 of that code; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds there is a
need to amend its current building regulations, property maintenance code, and related
procedures to better protect its residents and their property from nuisance conditions,
dangerous structures, sanitation hazards, and other matters detrimental to the public
health, safety, and welfare, to define prohibited conditions and maintenance
requirements and provide for quasi-judicial enforcement against owners of property, the
occupants of property, or both as circumstances warrant; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to establish more stringent
standards than specified by state law; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend The Anna City Code
of Ordinances ("Anna Code") as set forth in this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Amending Chapter 4, Article 4.04, Sec. 4.04.001 of the Anna Code
2.01 This ordinance amends Chapter 4 (Building Regulations), Article 4.04 (Property
Maintenance Code), Sec. 4.04.001 of the Anna Code to add the provisions below, to
become and made part of the Anna Code, to be alternately known as the City's
"property maintenance code" or "PMC" as set forth below, with added language
depicted by underlined text (example) and deleted language depicted by strikethrough
text (example), to read as follows:
ARTICLE 4.04 PROPERTY MAINTENANCE CODE
Sec. 4.04.001 Adopted
The 2018 edition of the International Property Maintenance Code ("IPMC", as
amended at time of adoption) has been adopted as the baseline (or "floor") of
regulation regarding the subject matter set forth therein, and has been amended in
certain particulars by city ordinance. Provisions of the Anna Code, where they
concern the same or similar subject matter as provisions of the IPMC, shall constitute
local amendments to such model code and have controlling effect to the extent of any
conflict. Copies of the sedelPMC, and certain rior amendments thereto, are on file in
the office of the city secretary, The provisions of the 2018 IMPC (as amended) -and
said -cede is hereby adopted by reference and in combination with other regulations
relating to property maintenance found in this article, is designated as the property
maintenance code of the city, the same as though such code were copiesd at length
herein.
(Ord. ,adopted ).
Section J. Adding Sec. 4.04.002 and Sec. 4.04.003 to Article 4.04 of the Anna
Code.
3.01 This ordinance amends Article 4 (Building Regulations), Article 4.04 (Property
Maintenance Code) of the Anna Code by adding the new provisions set forth below to
become and made part of Anna Code:
[0 R9]
Sec. 4.04.002 Scope &Intent
This article, together with any materials incorporated by reference, may be
referenced by the abbreviation "PMC". The provisions of this PMC apply to
all existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premise,
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.
.(2Z The PMC 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 most recent edition of the International
Existing Building Code and/or International Property Maintenance Code
which has been adopted by the City (as amended).
Sec.4.04.003 Applicability
(.ql
Generally. The provisions of this code shall apply to all matters affecting or
relating to structures and premises, as set forth in this article. Where, in a
specific case, different provisions of this PMC or an incorporated code
saecifv different requirements for the same subiect matter, the most
restrictive provision shall govern.
Maintenance. Equipment, systems, devices and safeguards required by this
PMC 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 utilitv which is required under this article 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 PMC 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 for property management shall be primarily responsible
for the maintenance of buildings, structures and premises. Occupants may
also be subject to citations or other enforcement action if violations of this
PMC are not timely remedied.
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 all international model codes adopted and amended by the
City, including without limitation the International Electrical Code,
International Energy Conservation Code, International Existing Building
Code International Fuel Gas Code International Fire Code International
Mechanical Code, International Plumbing Code, International Residential
Code.
Existing remedies. The provisions of the PMC shall not be construed to
abolish or impair existing remedies available —at law or in equityAo the city
or its officers or agents relating to the removal or demolition of any structure
which is unsafe or unsanitary.
� Workmanship. Repairs, maintenance work, alterations or installations which_
are caused directly or indirectly by the enforcement of this PMC shall be
executed and installed in a workmanlike manner and installed in accordance
with the manufacturer's installation instructions.
�f Historic buildings. The provisions of the PMC shall not be mandatory for
existing bungs or structures designated as historic bungs, so long as
such buildings or structures are judged by the code official to be safe and
their condition remains in the public interest of health, safety and welfare. A
person claiming exception from criminal enforcement of the PMC bears the
burden of proof that the building or structure constitutes a historic building in
the same manner as an affirmative defense. Unless otherwise required by
state law, only the following shall qualify as historic buildings which may be
granted waivers from mandatory compliance with the PMC:
(1) Those buildings and structures located in places or areas designated for
their historical, cultural, or architectural importance under the National
Historic Preservation Act;
(2) Buildings and structures certified as historic under an applicable city
landmark ordinance and meeting the requirements of the Texas
(3) Building located in areas designated as a historic district on the National
Register of Historic Places;
(4) Buildings designated as a Recorded Texas Historic Landmark;
(5) Buildings designated as a State Archeological Landmark or State
Antiquities Landmark;
(6) a building located in an area designated for development, restoration, or
preservation in a main street city under a main street program.
� A historic building exemption under (fl above shall not be construed or
applied to reduce the city's authority to regulate building products, materials,
and methods
Referenced codes and standards. The codes and standards incorporated
into this PMC shall be those that are listed in, and considered part of, the
requirements of this PMC to the prescribed extent of each such reference.
Where differences occur between provisions of this PMC and the referenced
and incorporated standards, the provisions of this PMC shall apply.
,� Reauirements 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 PMC, shall be determined by the code official in
a manner consistent with advancing the interest of public health and safety.
Sec. 4.04.004 Department of property maintenance inspection
(a) Generally. The department of property maintenance inspection is hereby
created and the executive official in charge thereof shall be known as the code
official.
(b) Appointment of code official. The code official shall be appointed by the city
manager as an at -will employee or independent contractor.
(c) Deputies and other employees. Subject to the approval of the city
managerI the code official shall have the authority to appoint deputy code
officials, other related technical officers, inspectors and other employees.
(d) Liability. The code official, officer or employee charged with the
enforcement of this PMC, while acting for the city in the lawful discharge of duties
and under the provisions of this PMC, 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.
(,e) Defense. 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 PMC shall be defended by the city attorney or the
designee of the city attorney until the final termination of the proceedings. The
Node 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 PMC, 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,
subiect to the statutory limits applicable to Texas municipalities.
Sec.4.04.005 Fees
The fees for activities and services performed by the department in carrying out
its responsibilities under this PMC shall be as indicated in the fee schedule in
appendix A of this code.
Sec. 4.04.006 Powers and duties of code official
ja) Generally. The code official shall enforce the provisions of this PMC.
fib) 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 PMC in the interest of public
health, safety and general welfare.
c) 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.
�d) 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.
(e) Identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this PMC.
(fl Notices and orders. The code official shall issue all necessary notices or
orders to ensure compliance with this PMC.
fig) Department records. The code official shall keep official records of all
business and activities of the department specified in_thep__rovsons of this F
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.
(h) Coordination of inspections. Whenever in the enforcement of this PMC 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.
�i) Inspections during declared disaster. While a declaration of disaster by the
governor of Texas, or a declaration of local disaster under Chapter 418,
Government Code is in effect, a building inspection for compliance with municipal
regulations or Chapter 214 of the Texas Local Government Code may be
performed by any person authorized to conduct such inspections under Texas
Local Government Code, Sec. 214.220 (as amended).
Sec.4.04.007 Approval
�a) Modifications. Whenever there are undue burdens involved in carrying out
the provisions of this PMC, 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 PMC unduly burdensome
and the modification is in compliance with the intent and purpose of this PMC 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.
(b) Alternative materials, methods and equipment. The provisions of this PMC
are not intended to prevent the installation of any material or to prohibit any
method of construction not specifically prescribed by this PMC, 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 PMC,
and that the material, method or work offered is, for the purpose intended, at least
the equivalent of that prescribed in this PMC in quality, strength, effectiveness,
fire resistance, durability and safety.
(c) Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this PMC, or evidence that a material or method does not
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.
y) Test methods. Test methods shall be as specified in this PMC orb oy
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.
rie) Test reports. Reports of tests shall be retained by the code official for the
period required for retention of public records.
(fl 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. Equipment which was previously determined to be dangerous
equipment under this code by the code official which is reused in any manner
shall constitute a nuisance and an offense in violation of this article unless the
city receives satisfactory documentation of the repair or reconditioning of the
equipment at issue and the code official provides a written authorization for its
reuse which unambiguously identifies the equipment authorized for reuse. Reuse
of material refurbished from a dangerous condition may require an inspection
from a qualified technician in the discretion of the city.
Sec. 4.04.008 Violations; specific penalties
�a) 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 PMC or to create, allow,
Dr maintain a condition of property that is in violation of any of the provisions of
this PMC.
(b) Notice of violation. The code official shall serve a notice of violation or
order in accordance with the applicable notice provision %J this PMC.
(c) Prosecution of violation; specific penalties. Failing to comply with a notice
of violation or order issued under section 4.04.010 or section 4.04.054 is a class
C misdemeanor, punishable by a fine not to exceed $1,000.00. Notwithstanding
the foregoing, at the sole discretion of the municipal prosecutor, any such failure
to comply or other violation of this PMC may be prosecuted as a class C
misdemeanor punishable by a fine not to exceed $500.00, and if so prosecuted
the failure to comply or violation shall be deemed a strict liability offense. A
violation of section 4.04.053 is a class C misdemeanor punishable by a fine not to
exceed $200.00. Subject to the municipal prosecutor's option to prosecute any
violation as a class C misdemeanor strict liability violation punishable by a fine not
to exceed $500.00, any violation of this PMC—other than failure to comply with a
notice of violation or order issued under section 4.04.010 or 4,04.054 or a
violation of section 4.04.053—is a class C misdemeanor punishable by a fine not
to exceed $2,000.00 or the maximum amount otherwise established by law. It is
no defense to prosecution for any violation of this PMC that the city or its agents
did not adhere to the notice and hearing procedures set forth in this PMC. Each
Jay that a violation continues after due notice has been served shall be deemed a
separate offense.
(d1 Other remedies. If a notice of violation or order issued under this PMC 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 PMC or of the order or direction made pursuant thereto.
,(e) Lien. Any action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the applicable violation or
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.
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% on the amount due from the date of
Payment by the city. In order to obtain a release of lien from the city, the current
properly owner shall pay to the city the lien amount plus any accrued interest, all
filing fees, and any expenses to be incurred by the city for preparing and filing the
release of lien. The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(fl Foreclosure. Subject to the approval by the city council, the city attorney
may bring a suit for foreclosure in the name %J 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 remedies provided by this section are in addition
to all other remedies. The city may foreclose a lien on property under this
subsection in a proceeding relating to the property brought under subchapter E,
chapter 33, Tax Code.
a) Abatement
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 illeaal act, conduct, business or utilization of the
building, structure or premises.
Sec. 4.04.009 Notices orders and abatement for violations that do not
constitute dangerous structures, junked vehicles, or defective swimming pool
enclosures
a) Notice to person responsible. Except in cases where the code official
determines that a violation of this PMC arises under section 4.04,010 (dangerous
structures) 4,04,053 (junked vehicles) or 4.04.054 (swimming pool enclosures), a
code official that determines that there has been a violation of this PMC or has
grounds to believe that a violation has occurred, shall give notice —in the manner
prescribed in subsections (b) and (c) of this section —to the property owner or
person responsible for the violation and other persons, if any, as specified in this
PMC. In cases involving dangerous structures, the notice shall be served and be
in the form prescribed by the provisions of section 4.04.010 or in any other
manner authorized by state law.
(b) Form. The notice prescribed in subsection (a) of this section 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 directive that if the violation(s) is not corrected within 10 days, the
city may enter the property to abate or otherwise correct the violation;
(5) Include a statement of the city's right to file a lien in accordance with section
4.04.009(e)a,
(6) 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.
(c) Method of service. Such notice shall be deemed to be properly served if a
copy thereof is given:
(1) Personally to the owner in writing;
(2) By regular mail 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
(3) If personal service cannot be obtained:
(A) By publication at least once in a newspaper of general circulation in the
(B) B py osting 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.
(d) Undelivered notice. If the code official mails a notice to a property owner in
accordance with this section 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.
fie) Penalties. Unless otherwise made compulsory by state law, penalties for
noncompliance with orders and notices shall be as set forth in section 4.04.009.
(fl Abatement by city. If the owner of property in the city_does not comply with
this PMC b abating the violation within 10 days of notice of a violation, the city
may do the work or make the improvements required and/or pay for the work
done or improvements made, and in either event may charge the expenses to the
owner of the property_
(1) In the event the violation is abated by the city, an administrative cost in the
amount set forth in section A4.016 of the fee schedule in appendix A of this
code shall be added to total cost of abatement.
(2) Where city employees are required to abate a violation (except for abating
weeds and tall grass violations), the city's actual costs shall include the
administrative cost, plus the charges set forth in section A4.016 of the fee
schedule.
(3) Where city employees are required to abate weeds and tall grass violations,
the city's actual cost shall include the administrative cost, plus the charges
set forth in section A4.016 of the fee schedule.
(q) Subsequent violations within one year. If another 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 anv action permitted by in this section and assess its
expenses in accordance with this PMC.
Sec. 4.04.010 Dangerous structures
(a) Generally. When a structure is found to be a dangerous structure by the
code official, the structure may be addressed pursuant to the provisions of this
section 4.04.010, providing for notice and a public hearing.
fib) Reference to state law. This section is adopted pursuant to chapter 54,
subchapter C, of the Texas Local Government Code, and for enforcement of
ordinances adopted under chapter 214, Texas Local Government Code.
(c) Definitions.
(1) Dangerous structure means a structure that is in an unsafe condition that
could iniure, hurt, or damage individuals or property and that:
(A) 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;
(B) Is boarded up fenced, or otherwise secured in any manner if the
structure constitutes a danger to the public even though secured from
entry, or if the means used to secure the structure are inadequate to
prevent unauthorized entry or use of the structure: or
(C) Is dilapidated, substandard, or unfit for human habitation and a hazard
to the public health, safety, and welfare, and which:
i. Contains one or more interior walls or other vertical structural
members that list lean or buckle to such an extent that a
plumb line passing through the center of gravity falls outside
of the middle third of its base:
ii. Exclusive of the foundation shows 33% or more
damage/deterioration to the supporting member(s) or 50% or
more damage/deterioration to the nonsupporting enclosure(s)
or to outside walls or coverings;
Hi. Has one or more improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have
insufficient strength to be reasonably safe for the purpose
used;
iv. Has been damaged by fire, wind, or other causes so as to have
become dangerous to persons or property;
v. Has become or is so dilapidated, decayed, unsafe, or
unsanitary, or which utterly fails to provide amenities essential
to decent living so that they are unfit for human habitation, or
are likely to cause sickness, disease, or iniury to the health or
welfare of those living therein;
vi. Has parts thereof which are attached in a manner that they
have or could fall and iniure persons or property;
vii. Has a foundation that is not so free of holes, cracks, buckling,
crumbling, and defects as to adequately support the structure;
vHi. Does not have a floor, exterior wall and roof that is so free of
holes, cracks and loose, rotten, warped or protruding boards
necessary to reasonably protect the occupants of the structure
from weather elements and from danger of collapse;
ix. Does not have interior walls and ceilings that are so free of
holes, cracks, loose plaster, loose and baggy wallpaper,
defective materials and structural deterioration as to
reasonably serve their purpose and as to protect the
occupants of the structure from danger of collapse and of fire,
or
x. Exists in violation of any provision of any applicable building
code(s) of the city, any_provision of the city's fire code, or other
ordinances of the city as such provisions relate to minimum
standards for buildings or structures.
(D) Regardless of its structural condition, is an incomplete bung, or part
of a building (e.g., foundation/framing), or flatwork construction site
(forms and/or rebar) where there is no currently valid city -issued building
permit relating to the construction, renovation, modification, or demolition
of the structure, or said incomplete construction site is not sufficiently
monitored or secured against unauthorized access.
(2) Occupant means any individual living or sleeping in a residential building or
residential structure or having a right to possession, use, or occupancy of
any premises, including persons with a contractual right to enter and use a
structure or building for storage purposes. However, this definition shall not
be satisfied solely through a contract for storage or transport of personal or
commercial property with the owner of a parcel of real property which does
not provide any rights of control over the premises (i.e., storage facilities,
commercial parking facilities, and similar bailments).
�d) Declaration of nuisance. All structures that are found to be dan eq rous
structures, after notice and hearing as provided for under the provisions of this
section are hereby declared to be public nuisances and shall be secured,
repaired, vacated, or demolished as provided in this section.
(e) Designation of official. The code official or that person's designee shall —
with or without the assistance of other city personnel, officials, or consultants —
present all cases at hearings presided over by the commission.
(f) Building and standards commission established; procedures. A building
and standards commission ("commission") is hereby established, which shall be
constituted by the same members appointed by the city council to serve as the
city's board of adiustment. The purpose of the commission is to hear and
determine cases under this section 4.04.010. A majority of the regular members
of the commission must be present for any hearing. Vacancies shall be filled in
the same manner that vacancies are filled on the board of adiustment and the
regular membership of the commission and the regular membership of the board
of adjustment shall be the same. A majority of the entire regular commission
members shall adopt, as necessary, all rules for hearings and other commission
matters in accordance with this section. The city council shall have the authority
to review and modify such rules at its discretion. All meetings and hearings
conducted by the commission shall be open to the public and minutes shall be
kept of all such meetings and hearings, recording the vote of each member. Said
minutes shall be filed immediately in the offices of the city as public records. A
majority vote of the commission members voting on a matter is necessary to take
any action.
�g) Building and standards commission functions. After the public hearing
required under this section, the commission may do any or all of the following:
(1) Declare a structure to be a dangerous structure;
(2) Order the repair, within a fixed period as set forth in this section, of a
structure it determines to be a dangerous structure or a structure it
determines to be in violation of applicable health and safety ordinances,
code provisions, or other regulations adopted by the city:
(3) Order, in an appropriate case, the immediate removal of persons or property
found on private property, enter on private property to secure the removal if
it is determined that conditions exist on the property that constitute a
dangerous structure, and order action to be taken as necessary to remedy,
alleviate, or remove any dangerous structure found to exist;
(4) Issue orders or directives to any peace officer of the state, including a sheriff,
or constable, or the chief of police of the city, to enforce and carry out the
lawful orders or directives of the commission
(5) Determine the amount and duration of the civil penalty the city may recover
as provided for under the Texas Local Government Code, chapter 54,
subchapter B, by filing a certified copy of the order with the district clerk for
Collin County; or
(6) Take any other appropriate action as set forth under this section.
(h) Pre -hearing notice. Except as otherwise stated in this section 4.04.010,
when a structure is found to be a dangerous structure by the code official, the
code official must send or deliver written notice of a public hearinq regarding the
dangerous structure. The notice must be sent or delivered on or before the 10th
Jay before the date of the hearing by personal delivery, by certified mail with
return receipt requested, or by delivery by the United States Postal Service using
signature confirmation service, to the record owner(s) of the affected property,
and each holder of a recorded lien against the affected property, as shown by the
records in the office of the county clerk of the county in which the affected
property is located if the address of the lienholder can be ascertained from the
deed of trust establishing the lien or other applicable instruments on file in the
Ace of the county clerk. The notice must also be provided to the public and to all
unknown owners on or before the 10th day before the date of the hearing, by:
(1) publishing the notice in a newspaper of general circulation in the city, and
(2) posting a copy of the notice on the front door of each improvement situated
on the affected property or as close to the front door as practicable. The
notice must contain the name and address of the known owner(s) of the
structure a legal description of the property, and the date, time, and place
of the public hearing_
The notice must contain a general description of the conditions) of the dangerous
structures) that must be remedied 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 applicable standards set forth in this PMC
or referenced in this section and the time it will take to reasonably perform the work.
(i) Hearinq_and order. A hearing under this section 4.04.010 must be held by
the commission. After the public hearing, if a structure is found by the commission
to be a dangerous structure according to the standards set forth or referenced in
this section, the commission may order that the structure be vacated, secured,
repaired, removed, or demolished by the owner within a reasonable time as
provided by this section. The commission also may order that the occupants, if
any, be relocated within a reasonable time. In a public hearing to determine
whether a structure complies with the standards set out in this section 4,04.010,
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 applicable standards
set forth in this PMC or referenced in this section and the time it will take to
reasonably perform the work.
(j.) Content of order; time limit. The commission's order shall be in writing and
shall require the owner of the structure to within 30 days vacate, secure, repair,
remove or demolish the structure unless the owner or lienholder establishes at
the hearing that the work cannot reasonably be performed within 30 days.
(k) Allowing more than 30 days to complete work. If the commission allows the
owner more than 30 days to repair, remove, or demolish the structure, the
commission 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 to secure the property in a reasonable manner from
unauthorized entry while the work is being performed, as determined by the
commission.
(I) Allowing more than 90 days to complete work. The commission may not
issue an order allowing the owner 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:
(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.
�,m) Progress reports; bond. If the commission allows more than 90 days to
structure the order shall require the owner to reg-ularly submit progress reports to
the commission to demonstrate compliance with the time schedules established
for commencement and performance of the work. The order may require that the
owner appear before the code official or the code official's designee to
demonstrate compliance with the time schedules. If the owner owns property,
including structures or improvements on property, within the municipal boundaries
that exceeds $100 000.00 in total value, the commission may include in the order
a requirement that the owner post a cash or surety bond in an amount adequate
to cover the cost of repairing removing, or demolishing a structure under this
section. In lieu of a bond the commission may require the owner, lienholder, or
mortgagee to provide a letter of credit from a financial institution or a guarantee
from a third party approved by the commission. The bond must be posted, or the
letter of credit or third-partyguaranteeprovided, not later than the 30th day after
the date the commission issues the order.
(n) Post -hearing notice. If the owner was not present at the public hearing, the
commission 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 commission 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 commission
satisfies the requirements 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 following records are searched:
(1) Real property records of the county in which the structure is located;
(2) Records of the appraisal district in which the structure is located;
(3) Records of the secretary of state;
(4) Assumed name records of the county in which the structure is located;
(5) Tax records of the municipality; and
(6) Utility records of the municipality.
(oZ Content of post -hearing notice. Once steps have been taken to identify
each mortgaqee and lienholder as referenced in subsection (n) of this section, 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 structure if the ordered action is
not taken within a reasonable time.
jp) Alternative procedure. As an alternative to the procedure prescribed by
subsections (n) and (o) of this section, the city may make a diligent effort to
discover each mortgagee and lienholder before conducting the public hearing
referenced in subsection (i) of this section 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 this the applicable standards set forth in this PMC or
referenced in this section 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 including the time and place it is to be held. 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 (p), the order issued by the commission as a
result of the public hearinq may specify a reasonable time as provided by this
section 4.04,010 for the structure 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.
(q) Filing and publication of order. Regardless of which of the two procedures
set forth above is exercised by the a1y, the commission shall within 10 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 the hearing was held;
(C)A brief statement indicating the contents of the order; and
(D) Instructions stating where a complete copy of the order may be obtained.
jr) Mailing or personal delivery of order. If the city did not proceed under the
alternative procedure described in subsection (p) of this section, then, after the
public hearing, the code official 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
�s) Remedies in the event of noncompliance; assessment of expenses. 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 structure or relocate the occupants at its own expense.
This section does not limit the ability of the city to collect on a bond or other
financial guaranty that may be required elsewhere in this PMC. If the city incurs
expenses under this section 4,04,010, 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 structure was located. Any expenses
incurred by the city relating to the relocation of any personal property may be
included in the lien. 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 structure was located, the amount of
expenses incurred by the city, and the balance due.
(t) Undelivered notice. When the code official or other city 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.
�u) Additional authority to secure substandard structure. The city may secure a
structure that the code official determines:
(1) Violates the minimum standards of this PMC or other minimum standards
referenced in this section 4.04.010i and
(2) Is unoccupied or is occupied only by persons who do not have a right of
possession to the structure.
(v) Notice pertaining to securing structure. Before the 11th day after the date a
structure is secured under subsection (u) of this section, 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 10-day period in a newspaper of
general circulation in the county in which the structure is located if personal
service cannot be obtained and the owner's post office address is unknown;
(4) Posting the notice on or near the front door of the structure if personal
service cannot be obtained and the owner's post office address is unknown.
(w) Content.of notice pertaininq to securing structure. The notice referenced
under subsection (v_) of this section must contain:
(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 standards that is present at the
structure;
(3) A statement that the city will secure or has secured, as the case may be, the
structure; and
(4) An explanation of the owner's entitlement to request a hearing about any
matter relating to the city's securing of the structure.
(x) Hearing regarding securing of structure. After securing a substandard
structure under subsection (u) of this section, the commission 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 the owner files a
written request for a hearing with the commission within 30 days after the date the
city secures the structure. The commission shall conduct the hearing within 20
Jays after the date the request is filed.
Sj/) Expenses for securing of structure. The city has the same authority to
assess expenses for securing a substandard structure under subsection jul of
this section as it has to assess expenses under subsection (s) of this section. A
lien is created under this subsection (y) in the same manner that a lien is created
under subsection (s) of this section and is subject to the same conditions as a lien
created under that subsection.
�z) Seizure and sale of property to recover expenses. The city may foreclose a
lien on property under this section 4.04.010:
(1) In a proceeding relatin_ tcLo the property brought under subchapter E, chapter
33, Tax Code (V.T.C.A., Tax Code section 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 structure 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.
(aa) Sale of salvage materials. When any structure has been ordered
demolished or removed, the city or its agents) shall have the right to sell the
salvaae 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, subiect to any order of
a court. If such a surplus does not remain to be turned over, the report shall so
state.
ebbI Additional notice content: The city may include the following statement in
any notice sent certified mail, return receipt requested, or which is delivered in
person and which relates to the enforcement of this article: "According to the real
property records of Collin County, you own the real property described in this
notice. If you no longer own the property, you must execute an affidavit stating
that you no longer own the property and stating the name and last known address
of the person who acquired the property from you. The affidavit must be delivered
in person or by certified mail, return receipt requested, to this office not later than
the 20th day after the date you receive this notice. If you do not send the affidavit,
it will be presumed that You own the property described in this notice, even if you
Jo not." If a suitable affidavit is received within the required period, it will be
maintained in city files for no less than two years after the date of receipt, and a
copy will be delivered to the chief appraiser of Collin County, Texas.
State law reference -Authority of municipality to regulate dangerous and
substandard structures, V.T.C.A., Local Government Code, sec. 214.001 et seq.
Sec. 4.04.011 Dangerous equipment
�a) Generally. 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.
fib) Procedure and remedies. Regarding equipment that is deemed dangerous,
the provisions of section 4.04.010 shall apply as if set forth here in full, except
that the word "equipment" shall take the place of the words "structure" and
"building." Further, with respect to dangerous equipment, the words "abate" or
"demolish" shall include any measure necessary to mitigate the hazard presented
including without limitation those which are destructive), and the term "remove"
shall include the transfer of property to another location.
Sec. 4.04.012 Emergency measures
Sa) Imminent danger. When, in the opinion of the code official, there is
imminent danger of failure or collapse of a building, structure, or equipment 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
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.
(b) Temporary safeguards. Notwithstanding other provisions of this PMC,
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 closing or securing of openings, to render such structure temporarily
safe, the removal of dangerous materials or debris, or the abatement of some
other unsafe condition, 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.
(c) Closing structures and adjacent 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.
(d) 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.
(e) Costs of emergency repairs. Costs incurred in the performance of
eI ergency work shall be paid by the city. The city may file a lien in accordance
with the provisions of section 4.04.008(e) or institute appropriate action against
the owner of the premises where the unsafe structure or unsafe condition is or
was located, or take any other action allowed in law or in equity, for the recovery
of such costs.
�fl Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter be afforded a
hearing under the procedures described in section 4.04.052(h) of this PMC.
Sec. 4.04.013 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 PMC, to sell, transfer, mortgage, lease or
otherwise dispose of such dwelling unit, structure or premises to another until the
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.
Sec. 4a014 Interpretation; geographic scope
(a) Generally. Unless otherwise expressly stated, the following terms shall, for
the purposes of this PMC, have the meanings shown in this section.
(b) 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.
(c) Terms defined in other codes. Where terms are not defined in this PMC
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.
(d) 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.
(e) Parts of premises. Whenever the words "dwelling unit," "dwelling,"
"premises," "building," "structure," "rooming house," "rooming unit," "housekeeping
unit" or "story" are stated in this PMC, they shall be construed as though they
were followed by the words "or any part thereof or any premi wses on which they
are located."
(fl Geographic scope. To the extent that this PMC prohibits nuisances, it
applies within the city and within 5,000 feet outside the corporate limits. In this
PMC, 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 city's
jurisdiction, including both the corporate limits and within 5,000 feet outside the
corporate limits of the city.
3
ec.4.04.015 Definitions
Abate means to eliminate by removal, repair, rehabilitation, or demolition.
Apartment building means any structure containing three or more dwelling units
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.
Approved means to approve by the code official.
Basement means that portion of a building which is partly or completely below
rg ade.
Bathroom means a room containing plumbing fixtures including a bathtub or
shower.
Bedroom means any room or space used or intended to be used for sleeping
purposes.
Code official means the official who is charged with the administration and
enforcement of this PMC, or any duly authorized representative.
Condemn means to adjudge unfit for occupancy.
Dangerous structure means 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 means a single unit providing complete, independent living facilities
for one or more persons, includingpermanent provisions for livinq_sleeping,
eating, cooking and sanitation.
Easement means that portion of land or property reserved for present or future
use by a person or agency other than the legal fee owners) of the property. The
easement shall be permitted to be for use under, on or above a lot or lots.
Exterior property means the open space on the premises and on adioining
property under the control of owners or persons of such premises.
Extermination means 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 sprayinq, fumigating, or trapping: or by use of
any other approved pest elimination methods.
Garbage means the animal %J vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Guard means the building component or a system of buildingcomponents located
at or near the open sides of elevated walking surfaces that minimizes the
)ossibility of a fall from the walking surface to a lower level.
Habitable space means the 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 means a room or group of rooms forming a single habitable
;Pace 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.
Indoor occupiable work space means (1) any portion of a nonresidential structure
which is used in the course of commercial or business activity; and (2) any portion
of a residential structure used in the course of a commercial or business activity
persons who are not also residents of the structure.
Imminent danger means a condition which could cause serious or life -threatening
injury or death at any time.
Infestation means the presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
Junked vehicle means in 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 registration sticker; and
(A) Wrecked, dismantled or partially dismantled, or discarded; or
(B) Inoperable and has remained inoperable for more than:
72 consecutive hours, if the vehicle is on public property; or
ii.
Labeled means 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 means to permit, provide or offer possession or
occupancy of a dwelling, dwelling unit, rooming unit, building, premises 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 means and includes:
(1) A condition or place that is a breedinc,�,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
guinguefasciatus mosquitoes that can transmit diseases regardless of the
collection's location other than a location or property where activities
meeting the definition of section 11.00202)(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 PMC.
Occupancy means the purpose for which a building or portion thereof is utilized or
occupied.
Occupant means any individual living or sleeping in a building, or having right of
possession of a space within a building for purposes of residence or property
stora e.
Openable area means part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Person means anyperson who has charge, care or control of a structure or
premises which is let or offered for occupancy.
Operator means an individual, corporation, partnership or any other group acting
as a unit.
Owner means any person, agent, person, 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 properly by a court.
Pool means 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 means an area that contains a pool.
Pool yard enclosure or enclosures means a fence, wall, or combination of fences,
walls, pates, windows, or doors that completely surround Cl pool.
Premises means a lot, plot or parcel of land, easement or public way, including
any structures thereon.
Public accommodation means any premises, structure, building, room, or facility
that is privately owned and operated for profit and that is eq nerally accessible to
the public regardless of whether payment is required for the public to pain access
and includes, but is not limited to, the following:
(1) An inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than five rooms for rent or
hire and that is actually occupied by the proprietor of such establishment as
the residence of such proprietor;
(3) A motion picture house, theater, concert hall, stadium, or other place of
exhibition [or] entertainment;
(4) An auditorium, convention center, lecture hall, stadium, or other place of
public gathering;
(5) A bakery, grocery store, clothing_ store, hardware store, shopping center, or
other sales or rental establishment:
(6) A Laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service,
shoe repair service, funeral parlor, gas station, truck stop, office of an
accountant or lawyer, pharmacy, insurance office, professional office of a
health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or post-qraduate
private school, or other place of education;
(11) A daycare center, senior citizen center, homeless shelter, food bank,
adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place
of exercise or recreation.
Public way means 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 means a building arranged or occupied for lodging, with or
without meals, for compensation and not occupied as a one- or two-family
Melling.
Rooming unit means 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 means 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
aq rbage, 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
Strict liability offense means an offense punishable by not more than $500.00 in
which the prosecution in a legal proceedinq is not required to prove criminal intent
as a part of its case.
Structure means that which is built or constructed or a portion thereof.
Tenant means 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 means a room containing a water closet or urinal but not a bathtub or
shower.
Ventilation means the natural or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from, any space.
Workmanlike means executed in a skilled manner, e.q., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
Yard means an open space on the same lot with a structure.
Sec. 4.04.016 Referenced standards
This section lists the standards that are referenced in various sections of this
article. 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 4.04.003(a).
NFPA 70 National Electrical Code -Administrative Provisions 4.04.014(c), 4.04.154(b)
IBC-03 International Building Code 4.04.015(c), 4.04.091(c), 4.04.192(c)
IEBC-03 International Existing Building Code 4.04.003, 4.04.004(c), 4.04.015(c)
IFC-03 International Fire Code 4.04.015(c), 4.04.192(a), 4.04.192(b), 4.04.194(a), 4.04.194(c)
IMC-03 International Mechanical Code 4.04.015(c)
IPC-03 International Plumbing Code 4.04.015(c), 4.04.125(a), 4.04.152(b), 4.04.152(c)
IZC-03 International Zoning Code 4.04.015(c)
Sec. 4.04.017 General penalty
Any violation of this article is punishable by a fine not to exceed $2,000.00 or the
maximum amount allowed by law if that amount is less than $2,000.00, in which
case the maximum amount is specified in section 4.04.008 of this article. Each day
any such violation shall continue shall constitute a separate offense punishable
hereunder.
3
ecs.4.04.018-4.04.050 Reserved.
2. General
Sec. 4.04.051 Applicability; responsibility for compliance
�a) Scope. The provisions of this division shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures, equipment and
exterior property_
(b) 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 PMC. 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 division. 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.
c1 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.
Sec. 4.04.052 Nuisances on exterior property areas
(a) Sanitation; abatement. 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 division and other nuisances —
that do not constitute dangerous structures, 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 4.04.010. The city may recover expenses and create and enforce liens as
provided for under section 4.04.009 when it abates such a nuisance condition.
(b) Grading AA ; e. 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, with the exception of approved
retention areas and reservoirs.
(c) 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.
(d) Weeds and tall grass. All premises and exterior property shall be
maintained free from weeds or plant growth in excess of 8 inches. All noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants
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 4.04.010, they shall be subject to prosecution in
accordance with section 4.04.009. Upon failure to comply with the notice of
violation, any 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 4.04.010&
fie) 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.
State law reference —Additional authority to abate dangerous weeds without
notice, V.T.C.A., Health and Safety Code, sec. 342.008.
� Notice of abatement of dangerous weeds. Not later than the 10th day after
the date the city abates weeds under 4.04.052, the city shall give notice to the
property owner in the manner required by section 4.04.010.
�,q) Content of notice regarding abatement of dangerous weeds. 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 PMC 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.
(h) Hearing. The city's board of adjustment or municipal court shall conduct a
hearing on the abatement of dangerous weeds under this section or on any other
abatement or corrective actions taken under section 4.04,012 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 code official shall determine whether to bring the hearing before the
city's board of adjustment or municipal court such that the hearing may take place
within said time period. The owner and code official or their respective legal
representatives may testify or present any witnesses or written information or
other relevant evidence relating to the city's abatement, corrective action, or
assessment of expenses related to the alleged violation. The purpose of the
hearing shall not include any determination of any related criminal proceeding.
(i) Expenses. The city may assess expenses and create liens under this
section as it assesses expenses and creates liens under section 4.04.008. A lien
created under this section is subiect to the same conditions as a lien created
under section 4.04.008.
�U 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 incurious to
human health. After extermination, proper precautions shall be taken to eliminate
rodent harborage and prevent reinfestation.
(k) 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 abuftinq or admacent public or private property or
that of another tenant.
(I) Accessory structures. All accessory structures, including detached
garages fences and walls, shall be maintained structurally sound and in good
repair.
(m) Defacement of property; abatement of Graffiti. No person shall willfully or
wantonly damage, mutilate, or deface any exterior surface located on any private
premises or public property by placing thereon any marking, carving, or other
condition constituting graffiti. Such a violation shall be a class C misdemeanor
punishable upon conviction by a fine in accordance with the general penalty
provided in section 1.01.009 of this code.
(1) "Graffiti" means, but is not necessarily limited to, visual blight which can be
observed from any public property, right-of-way, or from the private premises
of another person, typically embodied by an unauthorized form of painting,
scratching, writing or inscription (including without limitation initials, slogans,
or drawings), regardless of the content or nature of the material that has
been applied to any wall, building, fence, sign, or other structure or surface.
(2) It shall be the duty_of each owner of a premises within the territorial limits of
the city to keep and maintain their properties, including buildings or fences
or other structures or other surfaces, free of graffiti and to promptly remove
such graffiti from the premises. The failure to observe this duty shall be a
class C misdemeanor punishable upon conviction by a fine in accordance
with the general penalty provided in section 1.01.009 of this code. The owner
is not required to remove graffiti from the owner's premises if the qraffiti is
located on transportation infrastructure and the removal of the graffiti would
create a hazard for the person performing the removal.
(3) In the event that the owner of a premises affected by graffiti fails to remove
the graffiti, the city may give notice to remove and offer to remove the graffiti
from the premises free of charge. Any offer to remove graffiti is at the city's
sole election and in addition to and without waiver of any other remedies or
enforcement procedures, including but not limited to the issuance of
citations. If the owner does not contact the city to accept an offer made under
this subsection (m)(3) on or before the 15th day following issuance of the
offer to remove the graffiti, the owner shall be deemed to have refused the
city's offer.
(4) The notice provided under subsection (m)(3) above shall be either (i) given
personally to the owner in writing;(ii) by letter sent via certified mail,
addressed to the owner at the owner's address as contained in the records
of the Collin County Appraisal District; or, if neither (i) nor (ii) can be
accomplished, then the notice shall be NO given by publication at least once
in a newspaper of general circulation in the city, posted on or near the front
door of each building on the premises to which the notice relates, or posted
on a placard attached to a stake driven into the ground on the premises to
which the notice relates. The notice provided to the owner must include all
exceptions to the removal requirement provided in Texas Local Government
Code section 250.006(h) (as amended).
(5) If the city makes an offer to remove graffiti under this subsection and that
offer is refused, the city may require the owner to remove the graffiti on or
before the 15th day after the date the owner receives notice under
subsection (m)(3) above. If the owner then fails to remove the graffiti on or
before the 15th day after the date of receipt of the notice sent under
subsection (m)(3) above, the city may remove the graffiti and charge the
expenses of removal to the owner in accordance with the city's fee schedule.
The fee schedule shall be deemed to state a charge for graffiti removal by
the city in the amount of the city's actual costs to remove the graffiti,
including an administrative fee as set forth in section A4.017 of the fee
schedule in appendix A of this code.
(6) The city may assess the expenses for removal of the graffiti against the
premises on which the work is performed to remove the graffiti. If the city
desires to make such an assessment, the city will file a statement of
expenses with the county clerk. The statement of expenses shall contain (i)
the name of the premises owner, if known; (ii) the legal description of the
premises; and (iii) the amount of expenses incurred in the removal of the
graffiti.
(7) If the city assesses expenses for graffiti removal and files a statement of
expenses with the county clerk under this subsection, a lien maybe attached
to the premises where the removal was performed by the city.
(8) The city may take any actions relating to graffiti through its code
y the city manager. The provisions related to removal of graffiti herein are
cumulative of other available actions and remedies, including the issuance
of citations against the owner or operator of the premises upon which graffiti
exists and/or the person(s) who placed the graffiti on the premises.
State law reference —Graffiti, V.T.C.A., Penal Code, sec. 28.08.
Sec. 4.04.053 Junked vehicles
(a) Authority to abate junked vehicle. Junked vehicles are declared to be
nuisances under Texas law if visible at any time of the year from a public place or
public right-of-way. In accordance with this section and other provisions of this
PMC 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. Procedures for abatement and removal of a public
nuisance under this section shall be administered only by full-time employees of
the city, but the city may authorize other agents to remove a nuisance.
jb) Reconstruction prohibited. Once removed, a junked vehicle may not be
reconstructed or made operable.
(c) Notice to state department of transportation. Not later than the fifth day
after a junk vehicle is removed, the code official shall provide notice to the state
department of transportation identifying the vehicle or part of the vehicle.
(d) Right of entry. The code official has right of entry to inspect as set forth in
section 4.04.006(d).
(e) Removal to another unlawful location. The relocation of a junked vehicle
that is Cl public nuisance to another location in the city or within 5,000 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.
(fl Notice of violation.
(1) A notice of violation must provide not less than 10 days' notice of the nature
of the nuisance. The notice must be personally delivered or sent by certified
mail, return receipt requested, to:
(A) The last known registered owner of the nuisance;
(B) Each lienholder of record of the nuisance and
(C)The owner or occupant of:
the nu
ii. If the nuisance is located on a public right-of-way, the property
adiacent to the right-of-way.
(2) 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.
(g) 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 10-day period expires.
(h) Hearing. The city's board of ad1ustment or municipal court shall conduct
hearings under the procedures adopted under this section.
(i) Time for hearing. If a hearing is reauested by a person for whom notice is
required under subsection (f) of this section, the hearing shall be held not earlier
than the 11th day after the date of the service of notice.
(i) Purpose of hearing, burden of proof and presumption. The purpose of the
hearing is so that it may be determined 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 iunked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
�k) Order to abate. At the conclusion of the hearing, if it is determined that the
property in question is a iunked vehicle, an order shall be issued requiring
removal of the vehicle to a lawful location within 10 days of the day the order is
issued.
I) Content of order. The order must state that, if the owner does not remove
the iunked 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 iunked 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;
location of t
(3) License plate number (if available at the location of the nuisance); and
(4) Current location of the vehicle.
(m) Junked vehicle disposal; state notification. 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. No later than
the 5t" day after the date of removal of a junked vehicle, the code official shall
provide notice of the vehicle or part of vehicle subject to removal to the state
department of motor vehicles. A municipal disposal site may be established or
operated if the city council determines that commercial disposition of junked
vehicles is not available or is inadequate. A municipality or county may;
(1) Finally_dispose of a iunked vehicle or vehicle part; or
(2) Transfer it to another disposal site if the disposal is scrap or salvage only.
(n) Affirmative defenses; inapplicability of section. If proven by defendant in
the manner of an affirmative defense, a vehicle or vehicle part shall not constitute
a violation of this ordinance if:
(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;
(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 Cl health hazard and
(C) Screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees, or shrubbery.
State law reference —Junked vehicles, V.T.C.A., Transportation Code, sec.
683.071 et seq.
Sec. 4.04.054 Swimmingnools, spas and hot tubs
(a) Generally. Private swimming pools, hot tubs and spas shall be maintained
in a clean and sanitary condition, and in good repair.
fib) 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
sections 4.04.010(h) through (p)Ao 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.
c) 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 section 4,04.010N) and Ww of the city's action to repair,
replace secure, or otherwise remedy an enclosure or fence of a swimming pool.
(d) Expenses. If the city incurs expenses under this section, 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.
(e) 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 section or any ordinance adopted
pursuant to this section. 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 section or any ordinance adopted pursuant to this section. 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.
(f Enclosure requirements. Everyprivate 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 an
openings may not be greater than normal construction tolerances and tooled
masonry ioints 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 subsection Jul of this section.
The owner of a multi -unit 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.
�q) 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 (q)(1),(g)(2), or (g)(3) of this section, as
(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) A latch that automatically engages when the door is closed;
(B) A spring -loaded door -hinge pin, automatic door closer, or similar device
to cause the door to close automatically; and
(C)A keyless bolting device that is installed not less than 36 inches nor more
than 48 inches above the interior floor.
(2) If French doors of a building open to the pool yard, one of the French doors
must comply with subsection (g)(1)(A) of this section and the other door
must have:
(A) A keyed deadbolt 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
(B) 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.
(3) If a sliding�glass door of a building opens into the pool yard, the sliding glass
door must have:
(A) A sliding door handle latch or sliding door security bar that is installed not
more than 48 inches above the interior floor• and
(B)A sliding door pin lock that is installed not more than 48 inches above the
interior floor.
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, deadbolt,
or keyless bolting device.
(5) A keyed deadbolt, 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.
(6) A keyed deadbolt or keyless deadbolt, installed in a dwelling on or after
September 1, 1993, must have a bolt with a throw of not less than one inch.
(h) Windows 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
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.
State law references —Swimming pool enclosures, V.T.C.A., Local Government
Code, sec. 214.101 et seq.; pool yard enclosure for multiunit rental complex,
property owners' association, etc., V.T.C.A., Health and Safety Code, ch. 757.
Sec. 4.04.055 Exterior structure
(a) General standards. 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.
,fib) 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 watertight. 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.
(c) 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 four inches (102 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm).
(d) Structural members. All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live
loads.
(e) 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.
f) 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.
fig) 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, putters 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.
(h) Decorative features. All cornices, belt courses, corbels, terra-cotta trim,
wall facings and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
(i) 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.
�j) 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.
,�k) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and
similar appurtenances shall be maintained structurally safe and sound, and in
aood repair. All exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coatinq
materials, such as paint or similar surface treatment.
(I) 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.
(m) Window, skylight and door frames. Every window, skylight, door and frame
shall be kept in sound condition, good repair and weathertight.
fin) Glazing. All glazing materials shall be maintained free from cracks and
holes.
jo) Openable windows. Every window, other than a fixed window, shall be
wi
(p) Insect screens.
(1) During the period from certificate of occupancy to demolition, 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.
(2) Exception: Screens shall not be required where other approved means are
employed, such as air curtains or insect repellent fans.
(q) Doors. All exterior doors, door assemblies and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units, rooming
units and questrooms shall tightly secure the door. Locks on means of egress
doors shall be in accordance with section 4.04.192(c).
(r) Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
(s) 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.
(t) 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.
�u) Door locks. 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 slidinq 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.
(v) Window locks. Operable windows located in whole or in part within six feet
a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let
shall be equipped with window sash locking devices.
(w) Basement hatchway locks. Basement hatchways that provide access to Cl
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.
Sec. 4.04.056 Interior structure
(a) General standards. 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.
(b) Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
(c) 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.
,(d) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch,
deck or other walking surface shall be maintained in sound condition and good
repair.
fie) Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads Cl"d shall be maintained in
good condition.
(fl 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.
Sec. 4.04.057 Handrails and guardrails
�a) General standards. 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
auards. Handrails shall not be less than 30 inches (762 mm) high nor more than
42 inches_(1.067 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.
fib) Exception. Guards shall not be required where exempted by the adopted
building code.
Sec. 4.04.058 Rubbish and garbage
�a) 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.
fib) 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.
(c) Rubbish storage facilities. The owner of everYoccupied premises shall
supply approved covered containers for rubbish, and the owner of the premises
shall be responsible for the removal of rubbish.
�d) Refrigerators. Refrigerators and similar equipment not in operation shall
not be discarded, abandoned nor stored on premises without first removing the
doors.
fie) 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.
(fl 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
Melling unit; or an approved leak -proof, covered, outside garbage container.
(g) Containers. The operator of every establishment producing garbage shall
provideI and at all times cause to be utilized, approved leak -proof containers
provided with close -fitting covers for the storage of such materials until removed
from the premises for disposal.
3
ec.4.04.059 Extermination
�a) 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.
(b) Responsibility of owner. The owner of any structure shall be responsible for
extermination within the structure prior to renting or leasing the structure.
Cl Structure with single tenant. The occupant of a one -family dwellinu or of a
single -tenant nonresidential structure shall be responsible for extermination on
the premises.
(d) Structure with 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.
(e) Responsibility of occupant.
(1) The occupant of any structure shall be responsible for the continued rodent -
and pest -free condition of the structure.
(2) Exception: For non-residential structures, residential structures without
occupants, or where the infestations are caused by defects in the structure,
the owner shall be responsible for extermination.
Secs.4.04.060-4.04.090 Reserved.
Division 3. Light, Ventilation and Occupancy Limitations
Sec.4.04.091 Generally
(a) Scope. The provisions of this division shall govern the minimum conditions
and standards for light, ventilation and space for occupying a structure.
(b) 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 section.
�c) Alternative devices. In lieu of the means for natural liuht and ventilation
herein prescribed, artificial light or mechanical ventilation complying with the
International Buildinq Code shall be permitted.
3
ec.4.04.092 Light
(a) Habitable spaces.
(1) Every habitable space shall have at least one window of approved size
facing directly to the outdoors or to a court. The minimum total window area
for every habitable space shall be 8% of the floor area of such room.
Wherever walls or other portions of a structure face a window of any room
and obstructions to ingress and egress 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 contributinq to the required minimum
total window area for the room.
(2) 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 8% 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 [area] being served.
(b) 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 footcandle (11 lux) at floors,
landings and treads.
(c) 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.
Sec.4.04.093 Ventilation
�a) Habitable spaces.
(1) 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% of
the minimum window area required in section 4.04.092(a).
(2) 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.
(1) Every bathroom and toilet room shall comply with the ventilation
requirements for habitable spaces as required by subsection (a) of this
section, 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 not be recirculated.
(2) Exception: Where speccal�/ approved in writing by the code official.
(c) Process ventilation. Where inLriousI toxic, irritating or noxious fumes,
aases, 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.
(d) 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.
Sec. 4.04.094 Occupancy limitations
(a) 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.
�b� 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.
(c) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry
areas a luumal oilet rooms Cl"d habitable basement areas shall have a clear
ceiling height of not less than seven feet (2134 mm). Exceptions are as follows:
(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
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.
(d) Bedroom requirements. Every bedroom shall comply with the requirements
of subsections (e) through (i) of this section.
(e) 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.
(f) 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. Units that contain fewer than two
bedrooms are exempt from this provision.
(q) 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.
(h) Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used
for sleeping purposes.
(i) Other requirements. Bedrooms shall comply with the applicable provisions
of this PMC including, but not limited to, the light, ventilation, room area, ceiling
height and room width requirements of this article, the plumbing facilities and
water -heating facilities requirements of division 4 of this article, the heating
facilities and electrical receptacle requirements of division 5 of this article, and the
smoke detector and emergency escape requirements of division 6 of this article.
(j) Overcrowding. Dwelling units shall not be occupied by more occupants
than permitted by the minimum area requirements of table 4.04.094.
TABLE 4.04.094. MINIMUM AREA REQUIREMENTS
Minimum Area in Square Feet
Space 1-2 Occupants M Occupants 6 or More Occupants
Living rooma. b No requirements 120 150
Dining roomag b No requirements 80 100
Bedrooms Shall comply with section 4.04.094(d) r(e)l
For SI: 1 square foot = 0.093 m2
a. See section 4.04.094 I for combined living room/dining rooms aces.
b. See section 4.04.094(k) for limitations on determining the minimum occupancy
area for sleeping purposes.
�k) Sleeping area. The minimum occupancy area required by table 4.04.094
shall not be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. All sleeping areas shall comply with subsections (d),
(e) and (k) of this section.
�I) Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of table 4.04.094 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.
(,m) Efficiency units. 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 reauired areas shall be exclusive of the areas reauired by
subsections (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 PMC 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.
(n) Food preparation facilities. 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.
3
ecs.4.04.095-4.04.120 Reserved.
Division 4. Plumbing Facilities and Fixture Requirements
3
ec.4.04.121 Generally
(a) Scope. The provisions of this division shall govern the minimum plumbing
systems, facilities and plumbing fixtures to be provided.
(b) Responsibility. The owner of the structure shall provide and maintain such
plumbinq 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
division.
Sec. 4.04.122 Required facilities
(a) 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.
(b) Rooming houses. At least one water closet, lavatory and bathtub or shower
shall be supplied for each four rooming units.
(c) 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 10 occupants.
(d) Employee facilities. A minimum of one water closet, one lavatory and one
drinking facility shall be available to employees.
(e) 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.
Sec. 4.04.123 Toilet rooms
(a) 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 located on or in a public accommodation, apartment complex or
apartment building.
(b) 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.
c Location of employee toilet facilities.
(1) 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.
(2) 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.
�d) 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.
(e) Design standards. All toilet rooms and bathrooms intended for multiple
simultaneous users located in or on public accommodations, apartment
complexes, or apartment buildings shall have installed to surround each toilet a
toilet stall consisting of a combination of partitions and vertical supports
jcollectively referenced below as "toilet -stall components'). Each toilet stall shall
be configured to provide adequate privacy. The material of any toilet -stall
component shall be opaque such that it is not in any manner transparent or
translucent and shall have a smooth, hard, nonabsorbent surface to permit such
materials to be easily kept in a clean and sanitary condition.
r'fl Maintenance. All toilet rooms and bathrooms located in or on public
accommodations, apartment complexes, or apartment buildings shall be
maintained in a sanitary condition and all materials used as toilet -stall
components shall have no new or aftermarket perforations, holes, openings or
damage that would permit viewing or the passage of matter into or out of a toilet
stall through said materials.
) Violations. It shall be an offense for any owner, operator or manager of a
premises to which this section 4.04.123 applies to fail to construct and maintain at
all times a toilet room or bathroom in accordance with the standards and
requirements set forth in this section. Each day that a condition exists that is a
violation of this section is a separate offense.
(h) Conflicts with federal or state law. The standards and requirements set
forth in this section are not intended to make any applicable federal or state law,
standard, or restriction, including but not limited to the Americans with Disabilities
Act, any less restrictive. To the extent that a standard or requirement in this
section conflicts with an applicable federal or state law, the federal or state law
shall take precedence to the extent of such conflict unless the standard or
restriction in this section fulfills such applicable federal and state law, and is more
restrictive than same without interfering with the purpose of same.
Sec. 4.04.124 Plumbing systems and fixtures
(a) General standards. All plumbing_fixtures shall CHIroperly 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.
(b) Fixture clearances. Plumbing fixtures shall have adequate clearances for
usage and cleaning.
�c) Plumbing system hazards. Where it is found that a elumbing 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.
Sec. 4.04.125 Water system
�a) General standards. 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.
(b) 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.
(c) 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.
�d) 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 (43°C). A qas-burning water heater shall not
be located in anv 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.
Sec. 4.04.126 Sanitary drainage system
(a) General standards. All plumbing fixtures shall be properly connected to
either a public sewer system or to an approved private sewage disposal system,
in compliance with this PMC, state law, and the city's adopted codes (as
amended).
fib) Maintenance. Every plumbing stack, vent, waste and sewer line shall
function properly and be kept free from obstructions, leaks and defects.
Sec. 4.04.127 Storm drainage
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.
Division 5. Mechanical and Electrical Requirements
Sec.4.04.151 Generally
�a) Scope. The provisions of this division shall govern the minimum
mechanical and electrical facilities and equipment to be provided.
jb) Responsibility. The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance with the
requirement of this PMC and the city's adopted codes (as amended). 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 division.
Sec. 4.04.152 Heating facilities
(a) Facilities required. Heating facilities shall be provided in structures as
required by this section.
(b) Residential occupancies.
(1) 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.
(2) Exception: In areas where the average monthly temperature is above 30°F
(-VC), a minimum temperature of 65°F (18°C) shall be maintained.
(c) Heat supply_
(1) Every owner and operator of any building who rents, leases or lets one or
more dwelling units, rooming units, or dormitory or guest rooms on terms,
either expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period from certificate of occupancy to demolition to
maintain a temperature of not less than 68°F (20°C) in all habitable rooms,
bathrooms, and toilet rooms. Notwithstanding the foregoing, 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 (as amended)
of the version last adopted by the city_
(2) In areas where the average monthly temperature is above 30°F (1 °CZ, a
minimum temperature of 65°F (18°C) shall be maintained.
(d) Occupiable work spaces. Indoor occupiable work spaces shall be supplied
with heat during months of October through March to maintain a temperature of
not less than 65°F (18°C) during the period the spaces are occupied. Exceptions
to this rule are:
(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.
(e) 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.
Sec. 4.04.153 Mechanical equipment
ja) 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.
(b) Removal of combustion products.
(1) All fuel -burning equipment and appliances shall be connected to an
approved chimney or vent.
(2) Exception: Fuel -burning equipment and appliances which are properly
designed for unvented operation and labeled for such uses by the
manufacturer.
(c) Clearance. All required clearances to combustible materials shall be
maintained.
(d) Safety controls. All safety controls for fuel -burning equipment shall be
maintained in effective operation.
(e) 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.
(fl 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.
Sec. 4.04.154 Electrical facilities
(a) Facilities required. Every occupied building shall be provided with an
electrical system in compliance with the requirements of this section and section
400481550
(b) 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.
(c) 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.
Sec. 4.04.155 Electrical equipment
(a) Installation. All electrical equipment, wiring and appliances shall be
properly installed and maintained in a safe and approved manner.
(b) 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
[Cl 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.
Sec. 4.04.156 Elevators escalators and dumbwaiters
�a) General standards. 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.
(b) Elevators.
(1) In buildings equipped with passenger elevators, at least one elevator shall
be maintained in operation at all times when the building is occupied.
(2) Exception: Buildings equipped with only one elevator shall be permitted to
have the elevator temporarily out of service for testing or servicing.
Sec. 4.04.157 Duct systems
Duct systems shall be maintained free of obstructions and shall be capable of
performing the required function.
Secs.4.04.158-4.04.190 Reserved.
Division 6. Fire Safety Requirements
Sec.4.04.191 Generally
�a) Scope. The provisions of this division 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.
fib) Responsibility. The owner of the premises shall provide and maintain such
fire safety facilities and equipment in compliance with these requirements and the
codes adopted by the city. 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 division.
Sec. 4.04.192 Means of egress
�a) General standards. 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.
(b) Aisles. The required width of aisles in accordance with the International
Fire Code shall be unobstructed.
�c) 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 International Building Code.
(d) 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.
Sec. 4.04.193 Fire -resistance ratings
(a) Fire -resistance rated assemblies. The required fire -resistance ratin oq f fire -
resistance -rated walls, fire stops, shaft enclosures, partitions and floors shall be
maintained.
fib) Opening protectives. Required opening protectives shall be maintained in
an operative condition. All fire and smoke -stop doors shall be maintained in
operable condition. Fire doors and smoke barrier doors shall not be blocked or
obstructed or otherwise made inoperable.
Sec. 4.04.194 Fire protection systems
�a) General standards. 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.
fib) Smoke alarms required. 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.
(c) Installation of smoke alarms. Single- or multiple -station smoke alarms shall
be installed in accordance with the International Fire Code.
(d) Power source for smoke alarms.
(1) 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.
(2) 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.
(e) Interconnection of smoke alarms.
(1) 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.
(2) Exceptions:
(A) Interconnection is not required in buildings which are not undergoing
(B) 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.
Section 4. Specific Amendments to 2018 International Property Maintenance
Code Provisions
4.01 By its Ordinance 859-2020, the City Council previously adopted the 2018 IPMC,
subject to amendments set forth in Exhibit A of said ordinance. The City Council hereby
amends Ordinance 859-2020 by adopting the following additional modifications to the
terms of the 2018 IPMC and incorporates them as part of the Anna Code, with added
language depicted by underlined text (example) and deleted language depicted by
strikethrough text (example), to read as follows:
CHAPTER 1
SECTION 102
APPLICABILITY
Section 102.3 Application of other codes. Repairs, additions, or alterations to a
structureI or changes of occupancy, shall be done in accordance with the
procedures and provisions of all other codes and standards applicable to the
subject matter, including without limitation the International Building Code,
International Existing Building Code, International Energy Conservation Code,
International Fire Code, International Fuel Gas Code, International Mechanical
Code, International Residential Code, International Plumbing Code, and NFPA 70,
as each has been respectively adopted and amended by the City of Anna. Nothing
in this code shall be construed to cancel, modify, or set aside any provision of the
City of Anna Zoning and Subdivision Regulation Ordinances, as they currently exist
or may be amended.
Section 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
and as further regulated in Section 102.7.1 and 102.7.2 and application provisions
of the Anna City Code of Ordinances including without limitation of Chapter 9
(Planning and Development Regulations)a, and the International Electrical Code
International Energy Conservation Code, International Existing Building Code
International Fuel Gas Code International Fire Code International Mechanical
Code, International Plumbing Code, International Residential Code Bw+Iding,
, and all Mealth Codes adopted by the City
of Anna, as they currently exist or may be amended. Where differences occur
between provisions of this code and the above -referenced codes and regulations,
the most restrictive provision shall apply. To the extent of any conflict between this
code and state law the more restrictive provision shall apply; provided, however,
that state law shall govern to the extent this code conflicts with state law provisions
governing mandatory procedures for abatement of substandard conditions or other
violations of this code including definitions, notices, hearings, appeals, liens, and
other procedures or enforcement matters and any such state law provisions are
deemed to be incorporated herein and enforceable as if set forth in full.
SECTION 107
NOTICES AND ORDERS
107.1 Notice to person responsible. Whenever the code official determinates that
there has been a violation of this code or has grounds to believe that a violation
has occurred, notice shall be given in the manner prescribed in Sections 107.2 and
107.3 and as otherwise provided by the Anna Code to the person responsible for
the violation as specified in this code. Notices for condemnation procedures i, f any
apply, shall comply with Section 108.3 and Texas law. 44+4The notice shall include
information regardingpfevide 4ef the city's shall have the right to in#ei:m the
property owner or agent having charge that if he or she commits another violation
of the same kind of nature that poses a danger to the public health and safety any
time within one year from the original notice, the city may institute the appi:�apfiate
PFE)Geedings at law eF to correct or abate such violations without further notice at
the owner's expense, and assess the expense against the property in accordance
with Texas law.
107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with
all of the following and include additional information set forth in the Anna Code:
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 or owner's authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section
106.3.
107.3 Method of Service. Such notice shall be deemed to properly served if a
copy thereof is: delivered personally, or sent by certified mail with return receipt
requested OF fiFSt GIGISS maul addressed to the last known address of the record
owner(s) of the property, 9F sent by Gertified OF fiF6t Glass mail addFessed to the
Dreperty owner at the prepeFty owneF's address as recorded in the appraisal district
records of the appraisal district in which the property is located, or sent by certified
or first-class mail addressed to the person responsible for the violation. If the notice
is returned as "refused" or "unclaimed " , the
validity of the notice is not affected, and is considered as delivered, and a copy
thereof shall be posted in a conspicuous place in or about the structure affected by
such notice or a stake driven into the ground on the property to which the violation
relates.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.3 Notice. Whenever the code official has condemned a structure or equipment
under the provisions of this section, notice of related proceedings before the
buildinq standards commission shall be posted on the front door of each
improvement situated on the affected property or as close to the front door as
practicable, '
and served-oaalso given to the owner, owner's authorized agent or the person or
persons responsible for the structure or equipment, and all lienholders of record to
the address ascertained from the deed of trust on file in the office of the county
clerk, in accordance with Section 107.3. If the notice pertains to equipment, it shall
be placed on the condemned equipment. The notice shall be in the form prescribed
in Section 107.2.
Section 5. 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. Cross-references in other parts, articles or sections of the
Anna Code which make reference to previous enactments carrying the same
designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and
effect of the cross-reference. 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
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective immediately upon passage by majority
vote of the City Council, or 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 day of
20220
ATTESTED:
City Secretary, Carrie Land " =,, .�°° .� ,.A
rrrrrrr n n u n t����
COVED:
• 1,
Nate Pike