Ordinance No. 3,900r]
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AN ORDINANCE AMENDING CHAPTER 33, 'URBAN REHABILITATEN
STANDARDS," OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE VIII,
"MULTI- FAMILY DWELLINGS°; REPEALING INCONSISTENT
PROVISIONS; CONTAINING A SAYINGS CLAUSE; PROVKWZ G FOR A
PENALTY OF $1,000.00; AND PROVIDING FOR TI•Z R-q LICATIONJ
AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 33 -4 "Definitions" of Chapter 33 of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended by adding the
following definitions which read as follows:
Administrator. The Chief Building Inspector or such other person who
may be designated by the City Manager.
Multi- Family Dwelling Complex: any building, or portion thereof, which
is rented, leased, or let to be Occupied for compensation as three or
more dwelling units or which is occupied as a home or place of
residence by three or more families Jiving independently of each other
and doing their own cooking in the said, building, and shall include flats
and apartments.
Multi - Family Dwelling Manager: a person who for compensation has
managing control of a multi - family dwelling complex.
Resident: any person who occupies a dwelling unit for living or
dwelling purposes.
Occupant Family: any number of individuals living together as a single
housekeeping unit in which not more than four individuals are unrelated
by blood, marriage, or adoption.
Urban nuisance: a premise or structure that.•
(A) is dangerous to the physical health or safety of an occupant
or other person, or
(B) because of violations of this Chapter, its state of disrepair
appears so unreasonable that it caused injury, damage,
harm, or inconvenience to a considerable portion of the
community and the use and enjoyment of property,
materially interfering with the property use or comfort
enjoyment of surrounding property, taking into
consideration the nature and use of the properties in the
area and the character of the community in which they
are situated, which condition would be substantially
offensive and annoying to persons of ordinary sensibilities,
tastes, and habits living in the community.
Section 2: That Chapter 33, 'Urban Rehabilitation Standards," of the Code of
Ordinances of the City of Baytown, Texas, Is hereby amended by adding a new
Article VIII, "Multi- Family Dwellingsp' to read as follows:
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Article !M
MULTI - FAMILY DWjj_v% GS
Sec. 33 -100, 1 of article.
(a) The purpose of this article is to protect the health, safety,
morals, and welfare of the citizens of Baytown by establishing minimum
standards applicable to residential structures which are leased to
tenants of multi - family dwellings. Minimum standards are established
w;th respect to utilities, facilities, and other physical components
essential to making a structure safe, sanitary, and fit for human use
and habitation
(b) This Article is found to be remedial and essential to the public
interest, and it is intended that this Article be liberally construed to
effect its purpose. All multi - family structures within Cite City on the
effective date of this Article or constructed thereafter must comply
with the provisions of this Article.
Sec. 33 -101. License application,
It shall be unlawful for any person to own, operate, manage or
maintain an multi- family dwelling without a current and vftlid license
having been issued for Bald multi - family dwelling. Any person owning
or operating, managing or maintaining a multi- family dwelling at more
than one location shall obtain a license for each separate location.
An owner or the owner's authorized representative of a multi - family
dwelling shall file with the administrator the trade name of his
multi- family dwelling, and it shall be unlawful for any person to use or
• permit to be used a trade name without having such name on file with
the administrator.
An applicant for a license shall file with the administrator a written
application, on the form provided for that purpose, signed by the owner
or the multi - family dwelling manager. Should an applicant own a
multi - family dwelling at more than one location, separate application
will be filed for each location. The following information shall be
required in the application;
(1) Name, address, telephone number of owner,
multi- family dwelling manager, mortgagee (if there is a
mortgage against property); trade names of the
multi- family dwelling; names and addresses of all
registered agents in case the parties above named are
corporations; number of dwelling units broken down as
number of efficiencies, one bedroom, two bedrooms, three
bedrooms, and four bedrooms; habitable space in each
unit; habitable space in each bedroom, acknowledgement of
receipt of copy of this article of Chapter 33 of the Code
of Ordinances of the City of Baytown, and an agreement
to abide by the same as a condition of receiving/maintain-
ing a license.
(2) All licenses expire one year after date of issuance.
(3) Upon changing ownership of the multi - family dwelling,
a new license shall be obtained within thirty days of the
change with the fee charged on a prorated basis. The
owner shall notify the city within 30 days of the change
of ownership, multi - family dwelling manager, or resident
manager.
(4) License. The annual fee for a license including any
reinstatement or license renewal under this division is
$1.00 per unit, with a minimum of $25.00 per multi - family
dwelling. The fee for license issued during the year
should be prorated on the basis of a whole month. The
fee for issuance or replacement for lost, destroyed, or
mutilated license is $5.00.
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() The owner shall designate thereon a natural
person
who shall be the agent for purposes of notice and other
communications allowed under this Article.
(6) The owner shall present evidence that the
multi- family dwelling complex has been spraved and
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treated for insects, rodents, and vermin by a certified
person, licensed under the Texas Structural Pest Control
Act, within the preceding six (6) months.
(7) The owner must certify that all dwelling units are
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e ui ed with a smoke detector device in P r oiler working
orderF
Sec. 33 -102. L+cM display
License display replacement and transferability.
(a) Each license issued pursuant to this Article shall be
posted and displayed in the multi - family dwelling office or
a conspicuous place to which occupants have acces.%
(b) A replacement license may be issued for one lnst,
destroyed or mutilated upon application on the form
provided by the administrator. A replacement license
shall have the word "replacement" stamped across the face
and shall bear the same number as the one it replaces.
(c) A multi - family dwelling license is not assignable
or
transferable.
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(d) The form of the license shall be prepared by the
administrator.
Sec. 33 -103. Violation; no es% penalty.
(a) When the administrator determines there is a violation
of this division or any rule or regulation adopted pursuant
to this division, before issuing a citation to municipal
court, he shall give notice of the violation to the person
responsible or designated agent. The notice must be in
writing, specifying the alleged violation and providing a
reasonable time for compliance..
(b) If the owner of the property resides outside Harris
County, the administrator may give notice to the
multi- family dwelling manager. Upon receipt of notice of
a violation, the multi- family dwelling manager shall notify
the owner of the specifics of the notice of violation
within ten days. The owner and the multi- family dwelling
manager shall be equally responsible for corrections of the
violations.
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(c) After notice, a person who knowingly continues to
violate a provision of this Article,
or fails to perform an
act required of him by this Chapter, commits an offense.
(d) A person who violates a provision of this Ordinance is
guilty of a separate offense for each day or portion of a
day during which the violation is committed, continued, or
permitted, and each offense is punishable by a fine of not
less that $200.00 nor more than $1,000.00.
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Sec. 33- 104. Minimum standards: responsibilities of owner.
(a) Property standards. An owner shall:
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(1) eliminate holes, excavations, sharp
protrusions, and other objects or conditions
3 that exists on the land and is reasonably
capable of causing injury to a person;
(2) securely cover or close a well, cesspool,
-= or cistern;
(3) provide solid waste receptacles or
containers when required by the applicable
provisions of the Code of Ordinances, City of Baytown, Texas;
(4) provide drainage to prevent standing
water and flooding on the land;
(5) remove dead trees and tree limbs that
are reasonably capable of causing injury to a
person; and
(6) keep the doors and windows of a vacant
structure, or vacant portion of a structure,
securely closed to prevent unauthorized entry.
(b) Structural standards. An owner shall:
(1) protect the exterior surfaces of a
structure which are sul ,ect to decay by
application of paint or other- coating;
(2) fill hollow, masonry supporting piers, if
used, with concrete and anchor the piers to
concrete footings with a 5/8" steel dowel;
(3) provide and maintain railings for stairs,
steps, balconies, porches, and elsewhere as
specified in the Baytown Building Code;
(4) repair holes, cracks, and other defects
reasonably capable of causing injury to a
person in stairs, porches, steps and balconies,
(5) maintain a structure intended for human
occupancy and a structure used as an
accessory to structure intended for human
occupancy in a weather -tight and water -tight
condition;
(6) maintain floors, walls, ceilings and all
supporting structural members in a sound
condition, capable of bearing imposed loads
Osafely;
(7) provide cross- ventilation of not less than
1 1/2 square feet for each 25 lineal feet of
wall in each basement, cellar; and crawl
space;
(8) repair or replace chimney flue and vent
attachments that do not function properly;
(9) repair holes, cracks, breaks, and loose
surface materials that are health or safety
hazards in or on floors, walls, and ceilings;
and
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(10) provide and maintain a moisture - resistant
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finish or material for the flooring or
subflooring of each bathroom, shower room,
and toilet room; and
(11) comply with those standards currently
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required by Chapter 7, "Buildings," of the
Code of Ordinances of the City of Baytown,
Texas.
(c) Utility standards. An owner shall:
(1) provide and maintain in operating
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condition connections to discharge sewage
from a structure or land into a public sewer
system where available;
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(2) provide and maintain in operating
condition a toilet connected to a water
source and to a ,
public sewer, where
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available, in each dwelling unit;
(3) provide and maintain in operating
condition connections and pipes to supply
potable water at adequate pressure to a
dwelling unit; J
(4) provide and maintain in operating
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condition a device to supply hot water of a
minimum temperature of 120 degrees F.
within each dwelling unit,
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(S) provide and connect a kitchen sink,
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bathtub or shower, and lavatory tc a cold and
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hot water source in each dwelling unit;
(6) connect plumbing fixtures and heating
equipment that the owner supplies in
accordance with the City of Baytown
Plumbing Code and Building Code;
(7) provide heating equipment capable of
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maintaining a minimum inside temperature of
70 degrees F. in each dwelling unit;
(8) provide and maintain in operating conditi j
on supply lines for electrical service to each t
dwelling unit if electrical service is available
within 300 feet;
(9) connect each heating and cooking device
that burns solid fuel to a chimney or flue;
and
(10) provide and maintain in operating
condition electrical circuits and outlets
sufficient to safely cae!y a load imposed by
normal use of appliances and fixtures, and
(11) must comply with all applicable
Building, Electrical, Plumbing or other code
of the City of Baytown.
(d) Health standards. An owner shall:
(1) eliminate rodents and vermin in or on
the land;
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(2) provide a structure intended for human
habitation with a screen for keeping out
insects at each opening of the structure
except doors
(3) maintain the interior of a vacant structure
or vacant portion of a structure free. from
rubbish and garbage;
(4) keep the interior of a structure free form
insects, rodents, and vermin, except as
specified in paragraph (f) of this section;
It is a defense to prosecution under Subsection (a) of
s section that the premises concerned is the site of new
nstruction and reasonable and continuous progress is
oerng made to complete the construction.
(f) It is a defense to prosecution under Subsection (d)(4)
of this section that the structure was treated to eliminate
insects, rodents, and vermin by a person licensed under the
Texas Structural Pest Control Act once within the
preceding six (6) months.
Sec. 33 -105. Reduction of occupancy load; vacation of a structure,
placing of placard on structuire.
(a) The administrator shall, by certified mail, return
receipt requested, send to the last known address of the
owner or multi - family dwelling manager, lessor and
resident of the structure, giving notice of a hearing to
consider.
(1) reduction of occupancy load of a
structure or a portion of a structure that is
overcrowded.
(2) vacation of a structure or portion of a
structure that is unsanitary or unsafe and,
therefore, presents a danger to the health,
safety, or welfare of occupants.
(b) The administrator may place or cause to be placed a
placard on a structure or dwelling unit that is unsanitary
or unsafe warning of its dangerous condition. A person
commits an offense if:
(1) without authority from the administrator,
he removes or destroys a placard placed by
the administrator,
(2) he occupies a vacant structure or
dwelling unit on which the administrator has
placed a placard; or
(3) as owner or operator of a structure or
dwelling unit, he authorizes a person to
occupy a vacant structure of dwelling unit on
which the administrator has placed a placard.
(c) A public hearing to consider reduction of occupancy
load or vacation of a structure shall be held before the
board at least 10 days after receipt of a notice by the
owner, lessor, and residents or at least 5 days after the
notice is returned undelivered. A hearing may be initiated
by anyone having evidence of overcrowding and signing a
complaint form provided by the administrator. The
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complainant shall present evidence of the overcrowded
conditions of the structure and the owner, lessor, or
: resident may present evidence.
(d) The Board shall order reduction of the occupancy load
if it finds the structure or dwelling unit is overcrowded or
vacation of a structure or dwelling unit if it finds the
structure is dangerous to the health, safety, or welfare of
the residents. Notice of the order to reduce the
occupancy load or to vacate shall be given to the
residents and the owner, and the order shall be filed in
the deed records of Harris County. If any party is
aggrieved by the decision of the Board, he may appeal the
decision to State District Court within 10 days of the
entry of the decision where the matter will be tried de
novo.
(e) Each resident of a structure or dwellino unit that has
been ordered vacated shall vacate the structure or
dwelling unit within a specified time which is determined
by the board. No person shall occupy a structure or
dwelling unit that has been ordered vacated. The
residents of a structure or dwelling unit that has been
ordered reduced in occupancy load shall reduce the
occupancy to the number ordered within the time specified
by the Board.
(f) A structure or dwelling unit is overcrowded if the
following standards are not met:
(i) F1 space per person. Each structure
® or dwelling unit shall contain at least 150
square feet of habitable floor space for the
first occupant and at least 100 square feet of
additional habitable floor space for each
additional occupant.
(2) Sleeping space per person. In each
structure or dwelling unit of two or more
rooms, each room occupied for sleeping
purposes by one occupant shall contain at
least 70 square feet of floor space, and every
room occupied for sleeping purposes by more
than one person shall contain at least 50
square feet of floor space for each occupant.
(3) S ecial Provisions. Children under 12
Monts of age ` shhate — not be considered
occupants.
Sec. 33 -106. inspections, reinspectiors sad certificate of occupancy.
(a) The owner or multi - family dwelling manager of a
multi- family dwelling shall consent and agree to permit
and allow the administrator to annually inspect all dwelling
units in the multi - family dwelling complex. The
administrator and the owner, or multi - family dwelling
manager may agree on a reasonable date and time for
each annual inspection.
(b) In the event any of the inspections authorized in this
Ordinance require a third inspection due to noted
violations, then a $100.00 reinspection fee shall be paid
prior to the second reinspection.
® (c) The board has the following additional powers and
duties:
To hear an appeal of any decision of the
administrator of this Ordinance, upon the
filing at the office of the City Manage:
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within five working days of such decisive: a
" = written appeal an a form supplied by thr City
Manager.
Section 3: If any provision, section, exception. subsection, paragraph,
sentence, clause or phrase of this ordinance or the application of same to any
person or set of circumstances, shall for any reason be held unconstitutional, void or
invalid, such invalidity shall not affect the validity of the remaining provisions of
x =:t this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordnance are declared to be severable.
Section 4: All ordinances or parts of ordinances inconsistent with the terms
of this ordinance are hereby repealed, provided however, that such repeal shall be
only to the extent of such inconsistency and in all other respects this ordinance
shall be cumulative of other ordinances regulating and governing LTV subject matter
covered by this ordinance.
Section 5: Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
® of not more than ONE THOUSAND AND NO /100 ($1,000.00) DOLLARS.
Section 6: This Ordinance shall take effect from and after ten (10) days from
its passage by the City Council. The City Clerk is hereby directed to give notice
hereof by causing the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10) days after the
passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 12th day of July, 1984.
ALLEN CAIWOIV, Mayor
ATTEST:
L. City Clerk
APPROVED:
® B. S , Cit ttorney
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