Ordinance No. 10,800ORDINANCE NO. 10,800
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IX "MINIMUM PROPERTY STANDARDS,"
DIVISION 3 "LEASED MULTIFAMILY DWELLINGS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 18 "BUILDINGS
AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM PROPERTY
STANDARDS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3
"MULTI-FAMILY DWELLING COMPLEXES" TO ESTABLISH NEW MULTI-
FAMILY DWELLING COMPLEX LICENSING REGULATIONS; CONTAINING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING
A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That Chapter 18 "Buildings and Building Regulations," Article IX "Minimum
property standards," Division 3 "Leased Multifamily Dwellings" of the Code of Ordinances,
Baytovvn, Texas, is hereby repealed in its entirety.
Section 2: That Chapter 18 "Buildings and Building Regulations," Article IX "Minimum
property standards," of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
division to be numbered and entitled Division 3 "Multi-family Dwelling Complexes," which shall
read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
DIVISION 3. MULTI-FAMILY DWELLING COMPLEXES
Subdivision I. In General
Sec. 18-681. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building or structure means a structure or building, the use of which is incidental
to that of the main building(s), and which is attached thereto or located on the same premises.
Bedroom means any room or space used or intended to be used for sleeping purposes.
Building means any structure used or intended for supporting or sheltering any use or
occupancy.
Building official means the chief building official of the city.
Common area means communal areas of the complex, including hallways, stairways, lobby
areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots.
Dwelling unit means a building or portion of a building which is arranged, occupied or
intended to be occupied as living quarters of a family and including facilities for food preparation,
sleeping and sanitation.
Indebted shall mean owing a debt to the city, without regard to ability or inability to pay
the same, where the amount is delinquent, provided that a debtor who remains current on all
obligations of an installment agreement executed by the debtor regarding a debt shall not be
deemed indebted for purposes of this division.
Landlord has the traditional meaning of owner or lessor, and additionally includes
management company, or managing agent, including on-site manager, of a multi-family dwelling
complex.
Multi-family dwelling complex:
(a) Multi-family dwelling complex means three (3) or more dwelling units that are under
common ownership or that are managed by the same person, and that are on the same
lot or on adjoining lots or tracts; and/or
(b) The term also includes any accessory structures and facilities incidental to the use
thereof, including but not limited to yards, courts, parking areas, storage buildings,
offices, maintenance buildings, equipment buildings, mail rooms, laundry facilities,
swimming pools, spas, ponds, wells, cabanas, play rooms and play yards, recreational
and picnic facilities, public assembly rooms, garages, carports, fences, walls, and all
other similar buildings, structures, and facilities on the premises.
(c) The term shall not include jails, hospitals, nursing homes, hotels, or motels. The term
shall not include dwelling units, which are owner-occupied or which are on a junior
college campus occupied by a student or a student and the student's family and in
which the dwelling unit is owned by the junior college. The term shall also not
include a dwelling as defined in section 26-211 or an assisted living facility licensed
by the state.
Owner means any person holding title to a multi-family dwelling complex, according to the
deed records in the county clerk's office of the county in which the complex is situated.
Surveillance device means an optical or electronic monitoring device capable of recording
information digitally or otherwise, but does not include dummy or fake cameras or other similar
decoy.
Tenant means a person, corporation, partnership or group other than the legal owner of
record, occupying a building or portion thereof.
Sec. 18-682. Purpose of division.
(a) The purpose of this division is to protect the life, health, safety, welfare, and property of the
occupants of multi-family complexes and the general public by establishing a process to
enforce the minimum building standards and to provide equitable and practical criminal,
administrative, and civil remedies for the violation of minimum building standards and
property maintenance codes.
(b) This division is found to be remedial and essential to the public interest, and it is intended
that this division be liberally construed to effect its purpose.
Sec. 18-683. Applicability and administration.
(a) This division shall apply to all multi-family dwelling complexes located in the city which are
now in existence or which may hereafter be constructed or converted from other uses.
(b) The building official is authorized to administer and enforce the provisions of this division.
SUBDIVISION II. REGISTRATION
Sec. 18-700. Certificate of occupancy.
(a) No multi-family dwelling complex shall be used or occupied, and no change in the existing
occupancy classification or ownership of a multi-family dwelling complex, or any portion
thereof, shall be made until the landlord has obtained a certificate of occupancy.
(b) Within thirty (30) days after a change of ownership of a multi-family dwelling complex, the
landlord shall obtain a new certificate of occupancy in order to continue operating. The
complex, including all occupied and all vacant dwelling units, shall be subject to a complete
certificate of occupancy inspection by the building official before a new certificate of
occupancy will be issued. Should the landlord make application for a certificate of
occupancy necessitated by a change in ownership within fifteen (15) days of such change, the
building official may extend the 30-day period if the requisite inspections cannot be
performed within thirty (30) days of the change in ownership.
(c) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of
the provisions of this code or codes adopted by the city. Certificates presuming to give
authority to violate or cancel the provisions of this code and other applicable codes shall not
be valid. Changes in the character or use of a building shall not be made except as provided
in the building code or property maintenance code, as applicable.
(d) The certificate of occupancy for all multi-family dwelling complexes shall be posted in a
conspicuous place on the premises of the complex, and shall not be removed except by the
building official.
(e) If the building official determines that the complex fails the certificate of occupancy
inspection, all units within the complex that are vacant at the time of inspection or thereafter
becoming vacant, shall be posted for nonoccupancy, and the landlord shall not allow the
occupancy of such units until the complex passes final inspection and is issued a certificate of
occupancy.
(f) The building official may revoke a certificate of occupancy in accordance with section 110.4
of the building code adopted in section 18-91.
Sec. 18-701. Registration required.
(a) The landlord of a multi-family dwelling complex shall annually register the complex with the
chief building official by December 31st of each year.
(b) The landlord of a multi-family dwelling complex which is constructed after the effective date
of this ordinance shall register the complex within thirty (30) days after the complex receives
its certificate of occupancy, and annually thereafter.
(c) A registration is valid for one year from the date the completed registration form is filed in
the office of the building official, and payment of the registration fee has been made, unless
the ownership of the complex changes.
(d) If a change of ownership of the complex occurs during the period that a registration is
otherwise valid, the landlord of the complex shall have thirty (30) days from the date the
change of ownership occurred to file a new registration with the building official and pay a
new registration fee.
(e) The registration shall be verified under oath and shall be on a form prescribed by the building
official and shall at a minimum contain the following information about the complex:
(1) Trade name, physical address and business address of the multi-family dwelling
complex;
(2) The names, addresses and telephone numbers of the owner, landlord if different from
the owner, property manager, resident manager, registered agent, any mortgagees,
and governmental funding agencies;
(3) The type of business entity that owns the complex;
(4) if the property is owned by a corporation, limited liability company, partnership,
limited partnership, trust or real estate investment trust, the name and physical
address of any of the following:
a. for a corporation, a corporate officer;
b. for a partnership, a general partner;
c. for a limited liability company, the managing or administrative member;
d. for a limited partnership, a general partner;
e. for a limited liability partnership, a general partner;
f. for a limited liability limited partnership, a general partner;
g. for a trust, a trustee;
h. for a real estate investment trust, a general partner or an officer; or
i. for any other legal entity not named above, a duly authorized agent.
(5) If the property is owned by a person, other than an individual, who resides outside the
state, the owner shall designate a registered agent in the state, who will accept legal
service on behalf of the owner. If the property is owned by a person who is an
individual and who lives outside the state, the individual shall either designate a
registered agent in the state, who will accept legal service on behalf of the owner, or
provide a physical address where the owner may receive legal service;
(6) The names and physical address (not a post office box) of designated employees or
authorized representatives who shall be assigned to respond to emergency conditions,
and a telephone number where each employee and representative can be contacted,
either directly or indirectly though a telephone answering service, during any twenty-
four-hour period. Emergency conditions as used in this subsection (e)(6) shall include
emergencies related to a condition of the multi-family dwelling complex that
materially affects the physical health or safety of an ordinary tenant;
(7) The names and physical address (not a post office box) of designated employees or
authorized representatives who shall be assigned to respond to the city's request for
information or assistance in the event of emergency conditions, and a telephone
number where each employee and representative can be contacted, either directly or
indirectly though a telephone answering service, during any twenty-four-hour period.
Emergency conditions as used in this subsection (e)(7) shall include fire, natural
disaster, flood, burst pipes, collapse hazard, and violent crime;
(8) A copy of a site plan depicting the total number of all buildings within the complex,
including a description of the use of each building, the location of each building
within the complex, and the number of dwelling units contained in each building;
(9) The total number of dwelling units;
(10) the number of dwelling units per category, broken down as the number of
efficiencies, one bedroom, two bedrooms, three bedrooms and four bedrooms;
(11) The habitable space in each unit;
(12) The habitable space in each bedroom;
(13) The number and type of alarm systems maintained by the landlord on the premises
and the names and telephone numbers of the alarm companies which respond to
alarms or relay alarms to emergency services;
(14) Certification by the landlord that:
a. an inspector holding the appropriate current licenses has inspected the fire
hydrants, fire sprinkler system and fire alarm systems since the date of the
last certificate of registration was issued under this division for the multi-
family dwelling complex and in any event within twelve months of
submitting a registration form, and
b. the inspections revealed that all such systems were in compliance with this
code and all codes adopted in compliance therewith.
Attached to such certification shall be the results of the third party inspector;
(15) Certification by the landlord that any access gates and any surveillance devices are in
proper working order;
(16) Certification by the landlord that the landlord is not indebted to the city, including,
but not limited to, indebtedness related to ad valorem taxes and/or utility services;
(17) Certification by a person, licensed under the Texas Structural Pest Control Act,
Vernon's Ann. Civ. St. art. 135b-6, that the multi-family dwelling complex has been
sprayed and treated for insects, rodents and vermin within the preceding six months;
(18) a certification that every dwelling unit is equipped with a smoke detector device in
proper working order;
(19) Acknowledgement of receipt of copy of this division; and
(20) An agreement to abide by this division.
(0 If any change in the information required by subsections (e)(l) through (e)(13) occur, the
owner shall notify the building official in writing within thirty (30) days of the change, in a
manner prescribed by the chief building official.
Sec. 18-702. Fees.
(a) Basis. The landlord of a multi-family dwelling complex shall pay the city fees to offset the
city's costs of administration, registration and inspection. The fees shall be paid at the time of
registration.
(b) Registration fees.
(1) An annual fee of $24.00 for the first dwelling unit and $8.00 per dwelling unit, with a
minimum of $50.00 per multifamily dwelling complex, shall be:
a. submitted annually with the registration form required by section 18-701; and
b. submitted with a new registration upon a change of ownership of the complex.
(2) Annual registrations postmarked or received later than December 31st shall be
assessed an additional fee of:
a. ten percent of the registration fee within one month of the due date,
b. thirty percent of the registration fee if within two months of due date, and
c. fifty percent of registration fee thereafter.
(3) Registrations received after thirty (30) days of ownership change shall be assessed a
late fee of S75.00 at the time of the registration.
(c) Reissuance fees. The fee for issuance or replacement of a lost, destroyed or mutilated
certificate of registration is $35.00.
SUBDIVISION III. INSPECTIONS
Sec. 18-710. Inspection by chief building official.
(a) The chief building official may conduct:
(1) inspections for issuance of certificate of occupancy;
(2) inspections based on indications of code violations, including complaints filed with
the chief building official;
(3) periodic inspections; and
(4) follow-up inspections.
(b) The following areas of a multi-family dwelling complex shall be subject to periodic
inspection by the building official:
(1) all building exteriors;
(2) all exterior and interior common areas;
(3) vacant dwelling units; and
(4) occupied dwelling units upon receipt of complaint by the unit's tenant or as otherwise
allowed by law.
(c) The building official may inspect portions of a multi-family dwelling complex as frequently
as the building official deems necessary. The building official shall schedule periodic
inspections no less frequently than once every year.
(d) The landlord of a multi-family dwelling complex shall make all exteriors, all exterior and
interior common areas, and all vacant dwelling units of the complex available to the building
official for inspections at all reasonable times subject to the authority provided by subsection
(I) below.
(e) The landlord of a multi-family dwelling complex that fails a periodic inspection shall correct
all violations identified by the periodic inspection report within thirty (30) days or within a
reasonable time in accordance with industry standards.
(f) The building official is authorized to make follow-up inspections of a multi-family dwelling
complex which fails the initial periodic inspection and to inspect all areas included in the
periodic inspection as well as occupied dwelling units, in such frequency and scope as the
building official deems necessary to determine compliance with this division and with all
applicable codes.
(g) If the complex fails the first follow-up inspection, the city shall assess the landlord a follow-
up inspection fee of $25.00 per dwelling unit for the gross number of dwelling units within
each building in which a violation persists. Written notice of the assessed follow-up
inspection fee shall be sent by the building official via U.S. mail to the landlord.
(h) The landlord of a multi-family dwelling complex that fails a non-periodic inspection shall
correct all violations identified by the non-periodic inspection. Violations identified by a non-
periodic report shall be corrected within a reasonable time in accordance with industry
standards. If the multi-family dwelling complex fails a follow-up non-periodic inspection,
the landlord shall pay the city a follow-inspection fee of S25.00 per dwelling unit for the
gross number of dwelling units within each building in which a violation persists.
(i) In the event that there is a dispute regarding a fee assessed, the landlord of a multi-family
dwelling complex must file with the building official a written request for an administrative
hearing not later than the thirtieth (30th) day after the fee is assessed under subsection (g) or
(h) of this section. The fee shall be considered assessed on the date the notice is mailed by
the city to the landlord.
(j) An administrative hearing shall be conducted by the city manager on the assessment of a fee
under subsection (g) or (h) of this section not later than the twentieth (20lh) day after the date
the hearing request is filed.
(k) In addition to the other authority granted by this section, the building official is authorized to
inspect a multi-family dwelling complex with greater frequency than provided above if the
building official has cause to believe that the complex is not in compliance with this division,
this code or other applicable codes of the city.
(I) In addition to other authority granted by this section, the building official has all rights and
authority granted by Article 18.05 of the Texas Code of Criminal Procedure. Inspections
shall comply with all federal, state, and local laws, regulations, and ordinances.
(m) If the building official determines that a dwelling unit fails an inspection made pursuant to
subsection (a) of this section, all units within the building in which such dwelling unit is
located that are vacant at the time of inspection or thereafter become vacant, shall be posted
for nonoccupancy, and the landlord shall not allow the occupancy of such units until the units
in the building pass the applicable inspection.
Sec. 18-711. Landlord/tenant inspections.
(a) The landlord of a multi-family dwelling complex shall conduct a visual inspection of each
dwelling unit within the complex.
(1) The inspection of a dwelling unit shall be conducted:
a. A minimum of once annually; and
b. When the occupancy of the unit changes.
(2) The landlord shall sign each inspection report, and shall require a tenant to sign the
report for the tenant's dwelling unit. If the tenant disagrees with any notation made by
the landlord on the report, the landlord shall permit the tenant to make written
comments on the report prior to signing it. The landlord shall provide the tenant with
a copy of the report after it is signed by the tenant and the landlord.
(3) The minimum building and property maintenance standards established by the
property maintenance code and other applicable city codes shall be covered by the
inspection, including, but not limited to, the following items:
(4) The failure of a landlord to make inspections as required by this subsection, to
maintain records of the inspections, and to permit inspection of those records
pursuant to subsection (b) may cause the complex to fail inspection.
(b) A landlord shall maintain reports of the inspections conducted pursuant to subsection (a) for
all dwelling units within the multi-family dwelling complex.
(1) The reports shall either be on a form provided by the building official or on a form
that complies with the requirements of the building official. A lease document
containing information required by this subsection may serve as part of the report.
(2) A report shall include:
a. places for marking whether the dwelling unit complies with the standards set
by this section;
b. the names of all persons authorized to occupy the dwelling unit, excluding
overnight guests;
c. The names of designated employees or other authorized persons who shall be
assigned to respond to emergency conditions, and a telephone number where
said employees can be contacted, either directly or indirectly via an
answering service, during any twenty-four-hour period. Emergency
conditions as used in this subsection (b)(2)(c) shall include emergencies
related to a condition of the multi-family dwelling complex that materially
affects the physical health or safety of an ordinary tenant; and
d. A notice for reporting code violations to the city in a form provided by the
building official.
(3) The landlord shall maintain these inspection reports on the premises of the complex,
and shall make them available to the building official for inspection at all reasonable
times. If there is no business office on the premises of the complex, the landlord shall
maintain reports at the landlord's central business office, and shall make them
available to the building official for inspection at the complex at all reasonable times.
(4) The inspection reports shall be maintained for a minimum of three (3) years.
SUBDIVISION IV. CRIME PREVENTION STANDARDS
Sec. 18-720. Crime prevention standards.
The landlord of a multi-family dwelling complex shall provide the following crime
prevention measures:
(1) Signs for emergencies and code violations. A landlord of a multi-family dwelling
complex shall post and maintain signs on the premises of the complex which include
the following:
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a. Emergency numbers.
1. A telephone number that will be answered 24-hours a day for the
purpose of reporting to the landlord emergencies related to a
condition of the multi-family dwelling complex that materially affects
the physical health or safety of an ordinary tenant; and
2. A telephone number of the city's dispatch center for police, fire and
emergency medical services for other emergencies, including fire,
natural disaster, flood, collapse hazard, burst pipes, or violent crime.
A sign for reporting emergency conditions must be in a form approved by the
building official.
b. Notice for reporting code violations. A sign for reporting code violations to
the city in a form approved by the building official.
(2) The signs required by subsection (a) shall be a minimum of twelve (12) inches by
twenty-four (24) inches. Sign facings shall be fabricated out of weather-proof
material. The signs shall have a white background, with letters and numbers in a
contrasting color. At each multi-family dwelling complex there shall be at least one
sign posted, and an additional sign for each fifty (50) dwelling units in excess of fifty
(50). The signs shall be prominently displayed on exterior, publicly accessible areas
of the complex. If the complex has an on-site management office, one sign shall be
on the exterior of the office.
(3) Lighting.
a. Exterior illumination shall be provided at appropriate points adjacent to all
building entrances, including individual dwelling units. Lighting shall be
sufficient to illuminate areas where hazards may reasonably exist, and shall
be operable between a half-hour after sunset and a half-hour before sunrise.
b. If control mechanisms for such lighting are not accessible by each tenant,
such illumination shall be activated and deactivated by a photo cell or
seasonally-adjusted timer switch, not operable by individual tenants of the
complex.
c. A landlord shall repair all inoperable exterior lighting fixtures within a
reasonable period of time after being notified that the fixture is not working.
In no instance shall a reasonable period of time be deemed to mean more than
seven (7) days.
(4) Vacant buildings.
a. All openings in vacant buildings and dwellings shall be closed and secured
from unlawful entry by the installation and maintenance of appropriate
locking devices and intact doors and windows which are proportioned to
securely and completely fit the openings.
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b. Alternatively, openings may be secured in accordance with section 26-260.
(5) Security gate access.
a. A landlord of a multi-family dwelling complex which has unstaffed security
gates which restrict vehicle access onto the premises shall provide the chief of
police with master codes to the gates in writing so that police vehicles and
personnel, fire vehicles and personnel, and ambulance and ambulance
personnel are allowed unrestricted entry onto the premises when responding
to emergencies and calls for service and routine patrols.
b. Prior to changing the master codes, the landlord shall notify the chief of
police of the new codes in writing.
c. All security gates shall be equipped with a manual override to be used in the
event of a power outage or system failure. The landlord shall notify the chief
of police of the location of the override.
d. Access through such security gates by fire trucks and fire personnel shall be
provided as required by the fire code and in section 94-186.
(6) Graffiti abatement. A landlord shall remove graffiti from the landlord's multi-family
dwelling complex within a reasonable period of time, which shall not exceed seven (7) days.
(7) Occupancy limits. A landlord shall not permit the number of persons occupying a dwelling
unit to exceed the occupancy load of the unit based on the standards set in the property
maintenance code.
SUBDIVISION V. ENFORCEMENT
Sec. 18-725. Offenses; defense.
(a) A landlord commits an offense if the landlord:
1. operates a multi-family dwelling complex without a valid certificate of occupancy;
2. operates a multi-family dwelling complex which is not currently registered with the
building official;
3. uses or permits to be used a trade name without having such name on file with the
building official;
4. fails to pay the fees as required by this division;
5. maintains a property in violation of the city's property maintenance code;
6. fails to make landlord/tenant self inspections as outlined in section 18-711;
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7. fails to maintain the landlord/tenant self inspections and make the same available as
provided in section 18-711;
8. fails to post certificates and/or signs as required in section 18-726; and
9. fails to comply with any provision of this division.
(b) It is a defense to the offenses listed in subsection (a) of this section, if a landlord, who is not
the owner of the complex, provides the property owner's name, street address, and telephone
number to the building official, who issues the citation, or the chief building official.
Sec. 18-726. Posting.
Each multi-family dwelling complex shall have prominently displayed in a conspicuous,
publicly accessible area on the premises of the complex a current and valid registration certificate.
Sec. 18-727. Enforcement
a. A violation of this division is a Class C misdemeanor punishable as provided in section I-14
of this code.
b. Nothing in this division prohibits the city from enforcing civil and criminal enforcement
remedies concurrently or availing itself of any other remedy allowed by law.
Section 3: 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 the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the ordinance or the application of same to any person or the set of circumstances, shall for
any reason be held unconstitutional, void or invalid, such invalidity shall not effect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances
and to this end all provisions of this ordinance are declared to be severable.
Section 5: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more
than FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
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
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of this ordinance to be published in the official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
Section 7: The annual registration requirements contained in this ordinance for multi-
family dwelling complexes in operation on January 1,2008, shall be extended until January 31, 2008.
INTRODUCED, READ, AND PASSED by the affirmative^e of the City Council of
Baytown, this the 10* day of January, 2008.
KNAUf/lnterim City^ lerk
STEPHEN H. DONCARLOS, Mayor
APPROVED AS TO FORM:
ACIO RAMIREZ, Sr., Uty\A«omey
R.\Karen\l:ilcs\CityCoiincil\Ordinanccs\2008\January KhMulliraniilyDwcllingOrdinanceRcvisedOII02008.doc
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