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1969-021 NO AN ORDIINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REPEALING CHAPTER 5, ARTICLE IV, CONSISTING OF SECTIONS 5-44 THROUGH 5-56 INCLUSIVE AND ENACTING IN LIEU THEREOF A NEW ARTICLE IV CONSISTING OF SECTION 5-44 THROUGH 5-142 KNOWN AS THE MINIMUM HOUSING AND BUILDING STANDARDS CODE, PROVIDING FOR DEFINITIONS, PROVIDING FOR THE DESIGNATION OF RESPONSIBILITY FOR THE ENFORCEMENT OF THESE PROVISIONS, PRO- VIDING FOR THE PROCEDURE BEFORE THE BOARD OF ADJUSTMENT AND MEMBERS THEREOF, PROVIDING FOR AUTHORITY TO DEMOLISH SUBSTAND- ARD STRUCTURES, PROVIDING FOR NOTICE OF HEARING THEREOF, PRO- VIDING FOR LAND AREA REQUIREMENTS AND STANDARDS FOR STRUCTURES, PROVIDING A PENALTY AND PROVIDING A SAVINGS CLAUSE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That Chapter 5, Article IV of the Code of Ordinances, con- slst~ng of Sections 5-44 through 5-56, be and ~s hereby repealed and that there ~s enacted ~n lieu thereof a new Article IV of Chapte,r 5 consisting of Sections 5-44 through 5-142 which shall hereafter read as follows CHAPTER 5 BUILDINGS ARTICLE IV MINIMUM HOUSING AND BUILDING STANDARDS A GENERAL PROVISIONS SECTION 5-44 - TITLE OF ORDINANCE This ordinance shall be known as the M~n~mum Housing and Building Standards Code SECTION 5-45 - LEGISLATIVE FINDING OF FACT It is hereby found and declared that there exists in the C~ty of Denton, Texas, structures used for human habitation and non-residential purposes, which are or may become ~n the future, substandard w~th respect to structure, equipment, or maintenance, and further that such conditions together with ~nadequate pro- v~s~on for light and a~r, insufficient protection against f~re hazards, lack of proper heating, ~nsan~tary conditions, and over- crowding constitute a menance to the health, safety, morals, wel- fare, and reasonable comfort of its citizens It ~s further found ,and declared that the existence of such conditions, factors, or characteristics will, if not remedied, create slum and blighted areas requiring large scale clearance, and further t~at, ~n the absence of corrective measures, such areas will experience a deterioration of social values, a curbe~lment of ~nvestment and tax revenue, and an ~mpa~rment of economic values It is further found and declared that the establishment and main- tenance of minimum structural and environmental standards are essential to the prevention of blight and decay and the safeguard- lng of public health, safety, morals, and welfare SECTION 5-46 - PURPOSE OF ORDINANCE The purpose of this ordinance is to protect the public health, safety, morals, and welfare of the citizens of the City of Denton, Texas, by establishing m~nlmum standards governing the construction, use, occupancy, and maintenance of dwellings, dwelling units, rooming houses, rooming units, premises and all non-residential structures, establishing minimum standards governing utilities, facilities, and other physical components and conditions essential to make dwellings, dwelling un,ts, rooming houses, rooming units, and all non-residential structures and premises safe, sanitary, and fit for human use and habitation, flxlng certain responsibilities and duties of owners, operators, agents, and occupants of dwellings, dwelling units, rooming houses, rooming units, and all other non-residential structures, authoriz- ing and establishing procedures for the ~nspectlon of dwellings, dwelling units, rooming houses, rooming units, and all non-resl- dent~al structures, and the condemant~on and vacation of those dwellings, dwelling units, rooming houme~, rooming un,ts, and all non-residential structures unfit for human use, occupancy, and habitation, and flxlng penalties for the violation of the provisions of this ordinance This ordinance is hereby declared to be reme- dial and essential to the public interest, and it is intended that this ordinance be liberally construed to effectuate the purposes as stated above =2= SECTION 5-47 - DEFINITIONS 1 Accessory Structure A structure, the use of which is ~nc~dental to that of the main building, and which is attach- ed thereto or located on the same premises 2 Approved Approved by the head of the Department of Community Development under the provisions of this ordinance or the rules and regulations adopted pursuant thereto, or approv- ed by an authority designated by law or by th~s ordinance 3 Basement The portion of the building that ~s partly underground which has more than one-half ~ts height measured from clear floor to c~illng above the average finished grade of the ground adJoln~ng the building 4 Bathroom Enclosed space containing one or more bath- tubs, showers, or both, and which may also include toilets, lava- tor~es, or fixtures serwng s~mllar purposes 5 Board Board shall mean the Board of Adjustment of the City of Denton, Texas 6 Boardinghouse Boardinghouse shall mean a lodging- house where meals are provided by the operator 7 Building A combination of any materials, whether portable or f~xed, hawng a roof to form a structure affording shelter for persons, animals, or property The word building shall be construed, when used here~n, as though followed by the words or part or parts thereof unless the context clearly re- quires a different mmanlng 8 Building Code Building Code shall mean the current Building Code of the City of Denton, Texas 9 Cellar Lowermost portion of the building partly or totally underground hawng half or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground =3- l0 Department of Community Development Agency emp~wer- ed to enforce this ordinance 11 Director of Community Development D~rector empower- ed to enforce th~s Code 12 Dwelling Non-mobile building containing not more than two dwelling units occupied exclusively for residential uses Residential uses shall ~nclude a private garage, domestic storage and customary home occupations eonducted in the dwelling by the occupants, such as the practice of a profession 13 Dwelling Premises Dwelling premises shall mean the land, dwelling un,ts and aux~ll~ary buildings thereon used or intended to be used ~n connection w~th a dwelling 14 Dwelling Unit One or more rooms w~th l~wng, cook- lng, sanitary, and sleeping facilities ~erein, arranged for one family with whom may reside not more than four (4) lodgers or boarders 15 Open Space Area An area on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices and eaves 16 Extermination The control and elimination of in- sects, rodents, and vermin by eliminating their harborage places, by removing, or making inaccessible, materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other approved means of pest elimination 17 Gross Floor Area The total square foot area of all floors ~n a~bulld~ng measured to the outside faces of exterior walls or to the l~ne of an omitted wall, whichever ~ncludes the largest area 18 Garbage The an~mal~ vegetable, and mineral wastes resulting from th~ handling, preparation, cooking and consumption of food 19 Grade Natural surface of the ground, or surface ground after completion of any change in contour 20 Floor Space The total area of all habitable space 21 Habitable Space Space occupied by one (1) or more persons for living, sl~ping, eating, or cook~ng, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, and basement or cellar recreation rooms 22 Infestation The presence, w~th~n or contiguous ~e a dwellin~ un~t, rooming house, rooming un~t, or premises, of insects, rodents, vermin, or other pests 23 Kitchen Spaee, s3xty (60) square fete or more in floor area w~th a m3n3mum width of f3ve (5) feet used for cook- lng or preparation of food and deemed habitable space 24 K3tchenette Space, less than s3xty (60) square feet 3n floor area used for cooking or preparation of food and not deemed habitable space 25 Lodginghouse Lodg~nghouse shall mean any dwelling or part thereof wh3ch contains one or more lodging units, and ~n wh3ch space ~s occupied or intended to be occup3ed by f~ve or more persons who are not husband and w3fe, son or daughter, mother or father, s3ster o~ brother of the owner or operator 26 Lodging Unit Lodging unit shall mean any room or group of rooms wh3ch formaa s~ngle and separate habitable un3t within a lodging or boardinghouse and used or 3ntended to be used for living and s)eeping, but not for cook3ng 27 Multiple Residence (a) bu31dlDg containing three (3) or more dwelling un~ts, (b) bulld3ng containing living, san3tary, and sleep3ng facil3tles occupied by one (1) or two (2) famil3es and more than four (4) lodgers res3ding with e3ther one of such famlllee$ (c) building w3th one (1) or more sleeping -5- rooms other than a one or two family dwelling used or occupied by permanent or transient paying guests or tenants 28 Non-Residential Structure A structure which is used for other than residential purposes or a part of such structure or a structure part of which is used for other than non-residential purposes and where applicable the premises on which such structures are situated 29 Occupant Any person over one (1) year of age llv- lng, sleeping, cooking, or eating in or having actual possession of a dwelling unit or rooming unit 30 Operator Any person who has charge, care, or con- trol of a muBt(ple residence or rooming house ~mwhlch dwelling units or rooming units are let or offered for occupancy 31 Outside Design Temperature Temperature based on the average of the l~w temperature recorded in the area, either dur- ing the last twenty-five (25) years or as long as temperature records have been kept 32 Owner Owner or owners of the freehold of the pre- m~ses or lesser estate therein, a mortgagee or vendee in possess- ~on, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or copporatlon, in control of a building 33 Plumbing Plumbing shall mean and ~nclude all of the following suppl~ed facilities, equipment and devices Gas p~pes, water pipes, toilets, lavatories, sinks, laundry tubs, ~nstalled d~shwashers, garbage disposal units, installed clothes-washing machines, catch bas~ns, wash basins, bathtubs, shower baths, waste, sewer p~pes and sewage system, septic tanks, drains, vents, traps, and any other fuel-burning or water-using fixtures and appliances together with all connections to water, waste, and sewer or gas p~es 34 Potable Water Water duly approved as satisfactory and safe for drinking 35 Premises A lot, plot, or parcel of land ~nclud~ng the buildings or structures thereon 36 Public Sewer Sewer operated by a public authority, or public utility and available for public use 37 Rooming House A building or part thereof which contains one (1) or more rooming un, ts and ~n which space ~s occupied or intended to be occupied by f~ve (5) or more persons who are not husband or wife, son or daughter, mother or father, or s~ster or brother of the owner or operator 38 Rooming Unit Any room or group of rooms forming a single habitable unit used or ~ntended to be used for living or sleeping but not for cooking purposes 3g Rubbish All combustible and ~n-combust~b&~ waste, except garbage 40 Sewage Waste from a flush toilet, bath, s~nk, lava- tory, ~$hwashing machine or laundry machine or the water-carried waste from any other fixture or equipment or machine 41 Structure That which ~s built or constructed, an edifice or building of any k~nd, or any piece of work artifi- cially built up or composed of parts joined together in some definite manner SECTION 5-48 - APPLICABILITY TO ALL STRUCTURES, RESIDENTIAL AND NON-RESIDENTIAL Every port~on of a building or premises, residential and non-residential, shall comply w~th the prows~ons of th~s ord- inance, irrespective of when such build~ng shall have been con- structed, altered, or repaired, and ~rrespect~ve of any permits or l~censes which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the bqildl~g or for the ~nstallat~on or repair of equipment or facilities prior to the effective date of this ordinance This ordinance establishes m~nimum standards for the ~n~t~al and con- '7= tlnued use and occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building equipment or facili- ties except as provided in Section 5-123 SECTION B-49 - CONFLICT OF PERMITS AND LICENSES All departments, divisions, officials, and employees of the City of Denton, Texas, who have the duty or authority to ~ssue permits or licenses in regard to the construction, ~nstalla- tlon, repair, use or occupancy of any structure shall conform to the provisions of this ordinance and no permit or license shall be ~ssued if such would be in conflict w~th th~s ordinance, except as provided in Section 5-123 SECTION 5-50 - DUTIES OF THE DIRECTOR OF COMMUNITY DEVELOPMENT The Director of Community Development shall have the authority to enforce any and all ordinances of the City of De~ton, Texas, pertaining to code enforcement, rehabilitation, conser- vation, demolition, clearance, or redevelopment programs necessary for the elimination of blighting, deteriorating, deteriorated, or dilapidated conditions existent within the C~ty of Denton, Texas SECTION 5-51 EXISTING REMEDIES Nothing in this ordinance shall be deemed to abolish or impair existing remedies of the City of Denton, Texas, or its officers or a~enc~es relative to the removal or demolition of any buildings which are deemed to be dangerous, unsafe, or in- sanitary SECTION 5-52 - ENVIRONMENTAL SURVEYS The Director of Community Development shall have the authority to make or cause to be made surveys in any area of the City to determine the general conditions of structures, the extent of deterioration, lack of facilities, maintenance, unsafe -8- and insanitary conditions, the extent of overcrowding, land use, and other relevant factors necessary to implement the purposes of this ordinance SECTION 5-53 AND SECTION 5-54 Reserved SECTION 5-55 JURISDICTION OF THE BOARD OF ADJUSTMENT Whenln its judgment, the public convenience, health, wel- fare, safety, or morals will be substantially served and the appropriate use of the neighboring property will not be sub- stant~ally or permanently injured, the Board of Adjustment may ~n specific cases after public not~ce and public heanng and subject to appropriate conditions and safeguards authorize the following variances and special exceptions to the regulations herein established and take action relative to the continuance or d~scont~nuance of blighted, deteriorated, obsolete and sub- standard structures within the meaning of this ordinance a Hear and dec~de appeals where it is alleged there is any error on any order, requirement, decision or determination made by the Department of Com- munity Development or consider on ~ts own motion plans, surveys and specifications for any proposed repair of structures coming under the Board's jurisdiction b Permit the repair of substandard structures sub- ject to certain requirements pertaining to the structure or permlses as may be deemed necessary to protect adjoining property owners C Require the vacation of structures deemed to be unfit for human use or habitation as provided ~n th~s Article d Require the demolition of structures deemed to be substandard and unfit for human use and habitation as provided in th~s Article e A variance may be granted when the literal Inter- pretation of th~s ordinance would result in an unreasonable or unnecessary hardship SECTION 5-56 - OPERATION PROCEDURE The Board of AdJustment shall adopt rules to govern ~ts proceedings provided that such rules are not ~nconslstent with -9- th~s ordinance or State Law Meetings of the Board shall be held at the call off,he chairman or ~n h~s absence, the v~ce- chairman or a designated acting chairman or at such other t~mes as the Board may determine The :ha~rman or acting chairman may administer oath and compel the attendance of witnesses SECTION 5-57 - PUBLIC MEETING All meetings of the Board shall be open to the public The Board shall keep m~nutes of its proceedings, showing the vote of each member upon each question or ~f absent or fall~ng to vbte Indicating such fact and shall keep a record of ~ts meetings and other official actions, all of which shall be ~mmed~ately f~led ~n the Off~ce of the Director of Community Development and shall be a public record The Director of Community Development or his designated representative shall act as Secretary to the Board ~n matters arising from th~s chapter SECTION 5-58 - APPEALS TO THE BOARD Appeals to the Board may be taken by any person aggrieved or by any officer, department or board of the City of Denton affected by any decision of the D~rector of Community Development Such appeal shall be taken within ten (10) days after the decision has been rendered by the D~rector by f~l~ng in the D~rector's Off~ce a n~ce of appeal specifying the grounds thereof The D~rector shall cause all documents constituting the records upon which the action was appealed from to be forwarded ~o the Board SECTION 5-59 STAY OF PROCEEDINGS An appeal shall stay all proceedings ~n furtherence of the action appealed from unless the D~rector certifies to the satisfaction of the Board that by reason of facts stated ~n the certificate, a stay would cause ~mmlnent peril to l~fe or pro- perty -10- SECTION 5-60 NOTICE OF INTENT TO DEMOLISH Whenever the Director of his designated representative has taken all necessary steps prescribed under this Ordinance and has not been successful in requiring compliance on struct- ures that are unfit for human use or habitation or that are obsolete, d~lapldated, or substandard, he shall issue a not~ce of ~ntent to demolish to the Board and to the owner, occupant, agent, lessee, lessor, or any other person or persons provided for by Section 5-58 Thennotlce of intent to demolish shall cause the Board to make an examination of the case and render a decision, If the Board upholds the intent to demolish by the D~rector the Board shall issue an order to demolish, instruct- lng the D~rector to advertise for b~ds for demolition of the substandard structure or structures SECTION 5-61 NOTICE OF HEARING The Board shall hold a public hearing on all appeals made to it and written not~ce of such public hearing shall be sent to the applicant and others who are owners of real property lying wlthln two hundred (200) feet of the property on which the appeal is made Such notice shall be g~ven not less than ten (10) days before the date set for hearing to all such owners who have ~e~dered their said property for city taxes as the ownership appears on the last c~ty tax roll Such notice may be served by depositing the same properly addressed and postage pa~d in the United States Post Off~ce Notice shall also be given by publishing the same in the official newspaper of the City of Denton at least ten (10) days prior to the date set for the hearing which notice mhall state the t~me and place of such hearings SECTION 5-62 - HEARINGS At a public hearing relative to any appeal, any interested party may appear in pm~son, by h~s agent or by h~s attorney The burden of proof shall be on the applicant to establish the -11- necessary facts to the satisfaction of the Board that the Order of the Director of Community Development should be set aside or qualified SECTION 5-62 - RECOVERY OF DEMOLITION COSTS The expenses ~ncurred pursuant to Section 5-58 of th~s Article shall be pa~d by the owner of the affected premises The Department of Community Developmmnt shall keep an accurate record of the demolition costs along with a record of any sal- vage recovered and forward this ~nformatlon to the Off~ce of the Tax Collector of the C~ty of Denton for h~s collection The entire cost of demolition, less any salvage recovery shall be lev~ed, assessed and collected by the Tax Off~ce, on or be- fore the date the ad valorem taxes are due, and failure to so pay by the property owner will constitute a misdemeanor In the event that such charges are not pa~d when due, the Tax Collector of the C~ty of Denton w~ll file with the County Clerk of Denton County, Texas, a sworn statement by the Director of Community Development setting out the expenses that the C~ty of Denton has ~ncurred pursuant to Section 5-60 of th~s Ordinance, and the C~ty of Denton shall thereby perfect a privileged l~en on the property ~nvolved, second only to tax l~ens and l~ens for street improvements, together with ten (10%) percent ~nterest from the date such payment was due SECTION 5-64 - COURTS It ~s not the ~ntent of this Ordinance to declare, and it does not so declare, anything to be a nuisance which ~s not such in fact Any person to whom any order ~s d~rected, or against whose property any action is taken or proposed to be taken under the terms and prowslons of th~s Ordinance, shall have the right to appeal such order or action to any court of competent jurisdiction after hawng f~rst exhausted the remedies -12- provided by this Ordinance and provided that such action is f~led w~th~n thirty (30) days after the decision of the Board of Adjust- ment has been publicly announced, or entered ~n the minutes et a public meeting B MINIMUM REQUIREMENTS SECTION 5-65 - LAND AREA REQUIREMENTS All land areas, improved and unimproved, shall be reason- ably free from holes and excavations, sharp protrusions, and other objects or conditions which might be a potential cause of personal injury Walks, steps, and driveways that contain holes or other hazards shall be f~lled, repaired, or replaced as the need ~ndicates All wells, cesspools, or c~sterns shall be se- curely closed Trees, limbs, shrubs or other plant life that constitute a hazard shall be removed SECTION 5-66 FREE FROM RUBBISH AND GARBAGE All land areas shall be kept free from organic and ~nor- ganlc mater~al that m~ght become a health, accident, or f~re hazard as defined here~n All land areas, ~mproved and unimprov- ed, shall be kept clean at all times Metal containers with covers shall~be provided for the temporary storage of garbage and rubbish D~sposal of rubbish and other refuse by means of ~nclneration shall be done in accordance w~th all regulations of the C~ty of Denton Materials of an Inflammable nature shall be safely stored as provided ~n the F~re Code or be removed from the premises SECTION 5-67 DISCHARGE OF SEWAGE Sewage must be d~scharged into a public sewer system ex- cept as provided in Section 5-93 Discharge of sewage shall not be permitted upon the surface of the ground or ~nto natural or art~f~cqal surface dra~nageways -13- SECTION 5-68 - STORM WATER DRAINAGE Storm water shall be properly drained to prevent re- current or excessive pondtng or the entrance of water into any basement or cellar The ground surrounding the structure shall, when practical, be graded away from the building and foundation Conductors or drain pipes, where utilized, shall function pro- perly Storm water sewers, dry wells, or other satisfactory drainage systems shall be used where required by the Building Code, or by any other ordinance SECTION 5-69 - WEEDS AND PLANT GROWTH ' Exterior property areas shall be kept cut or mowed to preven~ weeds, brush, or other plant growth becoming a health or f~re hazard Weeds, brush and other plant growth shall be cut or,mowed on all exterior property areas whenever such weeds, brush ar other plant growth are allowed to grow to an extent determined to be a fire or health hazard, or contrary to Section 12 33 of the Code of Ordinances All sidewalks, driveways, and entrances used for ingress and egress shall be free from weeds, ~brush, overhanging or protruding limbs of trees and other ~lant growth Any l~mbs of trees that have become rotted or dec~yed to the point of being dangerous to persons shall be re- moved SECTION 5-70 INSECT AND RODENT HARBORAGE All land areas shall be kept reasonably free from sources of ~nsect, vermin and rodent breeding, harborage, and ~nfestation Where insect, rodent, or vermin breeding areas, harborage or ~n- festatl,on exist, such areas, harborage, or infestation shall be el~m~nalted SECTION 5-71 - DOMESTIC ANIMALS AND PETS Domestic animals and pets shall not be kept on any pre- -14- Foundations and walls shall be considered to be in good repair and structurally sound ~f found free from damage or defects and capable of bearing ~mposed loads as required by the Building Code, provided that whenever hollow masonry blocks are used as supporttng p~ers, such p~ers shall be anchored to the concrete footing with e 5/8" steel dowell and the hollow p~er f~lled with concrete SECTION 5-75 - STAIRS, PORCHES, LANDINGS, AND RAILINGS The stairs, porches, landings, and ra~l~ngs affixed to the exterior of every structure shall be kept in good repair and structurally sound Ra~lings shall be provided for stairs and balconies and, where necessary, for porches and accessible roofs Stairs and perches shall be considered to be Tn good repair and structurally sound when found to be free of holes, cracks and capable of supporting imposed loads Properly balustraded rail- ings shall be provided when there ~s clear danger of accident or personal injury and mu~t be capable of beanng normally im- posed loads SECTION 5-76 WEATHER AND WATER-TIGHT Every structure shall be so maintained that ~t wlll be weather and water-t~ght Exterior walls, roofs, and all open- ~ngs around doors, w~ndows, chimneys, and all other parts of the structure shall be so maintained as to keep water from entering the structure and to prevent undue heat loss Damaged materials must be repaired or replaced All parts of the structure that show evidence of dry rot or deterioration shall be replaced and refinished to be in conformity wlth the rest of the structure SECTION 5-77 PROTECTIVE COATING FOR WOOD SURFACES All exterior wood surfaces of a structure that are not of a species inherently resistant to decay shall be treated periodically wlth a protective coating or other preservative to -16- mlses in such manner so as to create insanitary conditions or constitute a nuisance Domestic animals and pets shall be maintained in accordance w~th applicable regulations of the C~ty Insanitary conditions, inappropriate types of pets or animals and excessive numbers of same constitute conditions which may be considered a nuisance under th~s section (See also Chapter 4 of th~s Code ) SECTION 5-72 DEPRECIATION OF SURROUNDING PROPERTY All land~a~eas shall be so maintained as not to cause a substantial depreclat~on in property values ~n the immediate neighborhood Exterior property areas shall be kept free from objects, materials, and conditions which will have an adverse effect on adjacent premises by reducing the desirability of l~wng conditions ~n the immediate netghborhodd and causing a substantial depreciation in property values SECTION 5-73 STRUCTURAL REQUIREMENTS Requirements herein shall pertain to both accessory and primary structures Accessory structures and fences located on all land areas shall be kept in good repair, free from health, f~re and accidenlhhamards and vermin, insect, and rodent harbor- age Accessory structures shall be kept structurally sound and in good repair or removed from the premises Effective rodent proofing or exterminat~on must be done, where necessary, ~n these structures The exterior of such structures shall be made weather-resistant through the use of decay-resistant materials or the application of paint or other preservatives Privies, exceptlas prowded ~n Section 5-94, shall be removed from the premises or demolished SECTION 5-74 FOUNDATION WALLS The foundation and walls of every structure shall be structurally sound and shall be maintained in good repair -15- prevent structural deterioration Exterior wood surfaces shall be adequately protected against deterioration through the periodic appl~catlon~ approved protective coatings SECTION 5-78 ENTABLATURES, CORNICES, BELT COURSE All cornices, entablatures, belt courses, corbels, ter- racotta trim, wall facings, and s~m~lar decorative features shall be maintained in good repair w~th proper anchorage and in a safe condition SECTION 5~79 CHIMNEYS All chimneys, cooling towers, smoke stacks, and s~m~lar appurtenances shall be maintained structurally safe, sound, and ~n good repair, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating material such as paint or s~mllar surface treatment SECTION 5-80 VERMIN AND RODENT FREE The exterior of every structure shall be so maintained as to be vermin and rodent free as required by the Health Code SECTION 5-81 SCREENING REQUIRED Every w~ndow, door, and other openings to outdoor space in the exterior of every structure shall be effectively protected against the entrance of insects Every opening except bulkheads used for ingress and egress from a structure used for human habit- ation directly to or from outdoor space shall be suppl~ed with either a self-closing device or a self-closing screen door and every w~ndow ~n every habitable room, bathroom, to~let room or compartment and every other opening to outdoor space shall be equipped w~th approved screening, prowded that such screening ~s necessary for effective protection against insects SECTION 5-82 - STRUCTURE INTERIOR Cellars, basement, and crawl spaces ~n every structure shall be reasonably free from dampness to prevent conditions -17- conductive to decay or deterioration of the structure Cross ventl}at~on shall be provided ~n every basement, cellar and crawl space consisting of at least one (1) w~ndow, opening or vent located near each corner of the structure The aggregate ventilation area shall not be less than one (1) square foot for every one hundred (100) lineal feet of wall space or one (1) percent of the total area of the enclosed space, whichever ~s greater SECTION 5-83 - STRUCTURAL MEMBERS Supporting structural members of every structure shall be structurally sound and capable of bearing the load safely Supporting structural members shall be considered to be struct- urally sound ~f such members are capable of bearing imposed loads safely and if there ~s no evidence of deterioration SECTION 5-84 CHIMNEYS, FLUES, AND VENTS Chimneys and all flue and vent attachments shall be stru- cturally sound and free from defect, performing the function for which they were designed and are used Chimneys, flues, gas vents, or other draft-producing equipment shall prowde sufficient draft to develop the rated output of the connected equipment Chimneys, flue linings, where required, flues, gas vents, and their supports shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases SECTION 5-85 - STAIRS, LANDINGS, STEPS, AND RAILINGS Inter,or stairs of every structure shall be structurally sound and free from defects Ra~llngs shall be provided for sta~rs,lbalcon~es, landings, and stairwells Treads or risers that evidence excessive wear or are broken, warped, or loose sh~ll be repaired Stairs shall be securely fastened to support normally ~mposed loads Properly balustraded railings capable of bearing normally imposed loads shall be placed on the open portions of stairs, balconies, landings, and stairwells Stairs ~n multiple residences shall comply wlth applicable sections of the Bulldlng Code SECTION 5-86 FLOORS, WALLS AND CEILINGS Floors, walls, and ceilings of every structure shall be structurally aound and maintained in a clean and~nltary con- dlt~on Same shall be free from cracks, breaks, loose plaster, and similar conditions Floors shall be considered to be struc- turally sound where capable of safely bearing ~mposed loads and shall be maintained Ina clean and sanitary condition Walls and ceilings shall be considered to be structurally sound and ~n good repair when clean, free from cracks, breaks, loose plaster, and s~mllar conditions SECTION 5-87 BATHROOM FLOORS Bathroom, shower room, and toilet room or compartment floors of every structure shall be water resistant The floor surface of every bathroom, shower room, and toilet room or com- partment shall be constructed or covered w~th a moisture resis- tant finish ornmater~al Such floors shall be kept in a dry, clean, and sanitary condition SECTION 5-88 FREE FROM RUBBISH AND GARBAGE The interior of every structOre shall be maintained free from rubbish and garbage and other refuse that might become a health, accident, or fire hazard Metal containers with ~l§ht- fltt~ng covers shall be provided for the temporary storage of rubbish, garbage, and other refuse, Dlsposal of garbage by gar- bage disposal units shall be in accordanc~ ~th all applicable regulations of the City of Denton Materials of an ~nflammable nature shall be stored so as to comply with the F~re Code or be removed from the premlses SECTION 5-89 INSECT AND ROBENT HARBORAGE The interior of every structure shall be free from in- sect, rodent, and vermin infestation Where insect, rodent or -19- vermlnlinfestation, harborage or breeding areas exist, such areas, harborage or infestation shall be eliminated Articles of val~e shall be stored in such a manner as not to constitute pestllqntlal harborage SECTION 5-90 BASIC FACILITIES Every structure shall be supplied with a potable water supply There shall be adequate water supply and pressure at all lnsltalled hot and cold water outlets All required facilities in every dwelling unit and rooming house shall be connected to a source iof potable water The supply and pressure shall be suffi- cient alt all times for the operation of all installed plumbing flxturels and equipment Where water is not supplied from a public source,I the source and system utilized shall be approved by the C~ty of, Denton, or State of Texas SECTION 5-91 - HOT WATER i ~very structure shall have an adequate supply of hot water, properly connected to plumbing fixtures requiring hot water i Water hea~ng equipment shall be installed according to the appllicable regulations of the City Such equipment shall ~ properly maintained and capable of delivering water at a constant m~nlmumI temperature of 120° F at all times at each hot water outlet SECTION 5-92 - PLUMBING FIXTURES REQUIRED Every structure shall have the following plumbing fixtures properl~ installed and maintained Kitchen sink, tollet, bathtub or showier, and lavatory ~ltchen sinks, bathtubs, showers, and lavatorlies shall be properly connected to both hot and cold water lines I All non-residential structures shall have plumbing Install- ed and ~alntalned to all the requirements of the Health Code and the Bu~llding Code pertaining to the installation and maintenance of suchl items -20- ~n a structure shall be properly installed, connected, and capable of performing the function for which it was designed All heating, cook~ng, and water-heating equipment burn- lng sol~d fuels shall be rigidly connected to a chimney or flue and such heating equipment burn~m~ l~qu~d or gaseous fuels shall be rigidly connected to a supply l~ne, and where required, to a chimney, flue, or vent Heating equipment shall be ~nstalled in a manner which will avoid the dangerous concentration of fumes and gases Heating equipment shall not be forced to operate beyond the safe capacity for which it was designed Where necessary, exposed heating risers, heating ducts, and hot waterlines shall be covered w~th an Insulating mater~al or guard Repairs and ~nstallat~ons shall be made in accordance with the applicable regulations of the City SECTION 5-102 MAINTENANCE AND OPERATION OF HEATING EQUIPMENT Every heating, cooking, and water-heating device shall be so maintained and operated as to be free from fire, health, and accident hazards All fuel-burning equipment, components, and accessories shall be free from leaks and obstructions and function properly Repairs shall be made ~n accordance with the applicable )ooa~ regulations of the C~ty SECTION 5-103 STORAGE OF FUELS All fuels stored on the premises for the operation of heat~p~oduc~ng equipment shall be stored in a safe manner Fuels shall be stored so as to comply w~th the State Law and provisions of the IFire Code No fuel, o~1, gasoline, or h~ghly Inflammable fuel shlall be stored w~thin any structure used for human habitat- ion, except ~n a manner approved by the Fire Marshal of the C~ty of Dentlon, Texas -23- SECTION 5-104 - MAINTENANCE OF ELECTRICAL WIRING AND DEVICES Electrical wiring and devices shall be so e~ign~d, installed, and maintained as not to be a potential source of ignition of combustible mater~al or an electrical hazard The rating or setting of oyercurrent devices shall not be in excess of the carrying capacity of the c~rcult conductor Defective or unsafe wiring and equipment shall be repaired or replaced No temporary wiring shall be ~nstalled as a permanent method of wiring Extension cords shall be run directly from portable electric f~xtures or appliances to outlets and shall not l~e under floor covering or extend through doorways, transoms or other openings through structural elements When the capacity of c~rcuits within a building is insufficient to carry the load ~mposed by normal use of appl~a~a~ and f~xtures as indicated by the name plate rating of such appliaaoes, additional c~rcu~ts shall be provided or the use of excessive appliances dlscont}nued Necessary repairs, alterations, and lnstallattmms shall be made ~n accordance w~th Chapter 9 and Chapter 25 of the Code of the City of Denton, Texas SECTION 5-105 LODGING AND BOARDINGHOUSE REQUIREMENTS Every boardinghouse, lodginghouse and lodging unit, as hereinafter specified, located within the city shall comply w~th the following requirements The provisions of Sections 5-63 through 5-104 shall be applicable to each lodging and boardinghouse and lodging unit For the purposes Qf this Section, whenever ~n the above eaumerated Sections the term "dwelling" ~s used, it shall be construed to mean "lodging or boardinghouse" SECTION 5-106 - APPLICATION FOR CERTIFICATE OF OCCUPANCY Every owner or operator of a lodging or boardinghouse shall make application for a Certificate of Occupancy card at the Depart- -24- ment of Community Development on a form provided by such Depart- ment A fee of ten dollars to cover cost of inspection must accompany each application Upon receipt of an application for an occupancy card, an inspection shall be made of the lodging or rooming house for which such application has been made and if the lodging or boardinghouse complies with all of the provisions of th~s Chapter, then the Department of Community Development shall issue a Certificate of Occupancy to the applicant Occu- pancy Certificates shall be renewed annually and application for renewal shall be made during the two-month period preceding the anniversary date of the previously issued Certificate Certificates of Occupancy shall designate the maximum number of persons who may occupy a lodging or boardinghouse and each lodging unit therein, and the owner or manager shall designate the room number assigned to each unit The operator shall display the Certificate of Occupancy at all t~mes in a conspicuous place near the main entrance of the lodging or boardinghouse No person shall alter, tamper, or remove any such Certificate of Occupancy from the lodging or boardinghouse without written permission of the Director of Community Development who shall keep a duplicate of the Certlf~- cate in hls files All rooming and boardinghouses within the city must have been Issued a Certificate of Occupancy by January 1, 1970, and after January l, 1970, no person shall own or operate a lodging or boardinghouse which has not been lssued a Certificate of Occupancy SECTION 5-107 NUMBERING OF UNITS The owner or operator of a lodging or boardinghouse conta~nllng slx or more lodging un,ts within such dwelling shall place or cause to be placed a number on the outside of the main door of each unltl The~mber on the outside of the door to the lodging unit shall correspond to the number for that unit design- -25- ated on the occupancy record card for that particular lodging- house or boardinghouse No two lodging units shall bear the ~ same number The maximum number of persons who may occupy the lodging unit shall be posted in each such unit and shall not be changed without the written approval of the Director of Community Development or his representative SECTION 5-108 - FLBSH TOILET AND LAVATORY BASIN Every lodging and boardln~bo~m shall be supplied with at least one approved flush toilet and lavatory basin in good working condition for each eight persons or fraction thereof residing wlthln the lodging or boardinghouse In counting such persons, members of the operator's family who share the use of such sanitary facilities shall be included, but the occupants of any lodging units that are otherwise provided with an approved flush toilet and lavatory basin shall be excluded All such sanitary facilities shall be located wlthln the lodg- ing or boardBnghouse as to be directly accessible to all per- sons sharing such ~acllltles without entering another lodging unit SECTION 5-109 - BATHTUB AND SHOWER BATH Every lodging and boardinghouse shall be supplied with at least one bathtub or shower bath in good working condition for each eight persons or fraction thereof residing within a lodging or boardinghouse In counting such persons, members of the operator's family who share the use of such sanitary facil- Ities shall be included but occupants of any lodging units who are Otherwise provided wlth an approved bathtub or shower bath shall be excluded All such sanitary facilities shall be so located within the lodging or boardinghouse as to be directly accessible to all persons sharing such facilities without enter- lng another lodging unit -26- SECTION 5-110 WATER AND SEWER CONNECTIONS Every kitchen sink, lavatory, basin, flush toilet, and bathtub or shower bath required under the provisions of this Section shall be properly connected to a water l~ne of the C~ty, if such water line lies within one hundred feet of the lodging or boardinghouse premises, and to a sewer llnel of the City if such ~ewer line lies within one hundred feet of the lodging or boardinghouse premises If a City water lilne does not lie w~thin one hundred feet of the lodging or boar,d~nghouse premises, the kitchen sink, layatory, basin, flush tolllet, and bathtub or shower bath shall be properly connected to an adequate supply of safe, potable water approyed by the Health Officer or h~s deputy If a city sewer line does not lie within one hundred feet of the lodging or boardinghouse premises, the k~chen s~nk, lavatory, basin, flush toilet, and bathtub or shower Qath shall be connected through an approved sewer connection to an adequate septic tank or other waste disposal system approved b~ the Health Officer er his deputy, and the Director of Utilities of the City SECTION 5-111 HOT AND COLD WATER Every k~tchen sink, lavatory, basin, and bathtub or shower bath required under this section shall be supplled with hot and cold water properly connected as required ~n ~he preceding paragraph and the Plumbing Code SECTION 5.112 - IMPERVIOUS FLOORING The floor surface of every bathroom, toilet rqom or com- partme~nt shall be constructed of material ~mperv~ous ~o water, or ~f ,constructed of material not impervious to water, ~t shall be covlered with fitted linoleum or painted or varnished so as to makle the floor surface reasonably lmperwous to wa~er All such floors shall be kept in a dry, clean and sanitary condition by the operator -27- SECTION 5-113 RUBBISH AND GARBAGE, STORAGE AND DISPOSAL The operator shall be responsible for the supply, main- tenance and cleanliness of stora§e containers as required by the Health Code and by Chapter 12 of the Code of Ordinances The occupant shall be responsible for the removal of all rubbish and garbage from the lodging unit and the storage of such waste in a clean, non-fire hazardous and sanitary manner by placing it ~n containers, as required by Chapter 12, Article I of the Code of the City of Denton, Texas SECTION 5-114 HEATING FACILITIES Every lodginghouse, boardinghouse, and lodglng unit shall be supplied heating facilities which bear the seal of approval of an approved, nationally recognized testing agency and which heating facilities are used in the manner for which they were designed and approved Such heating facilities shall be ~nstalled in compliance with all ordieamees of the City and the provisions of this Chapter, and shall be capable of safely and adequately heatlng all habitable rooms, bathrooms, and toilet rooms or com- partments within its walls to a temperature of at least 70°F at three feet above the floor level in the center of the room when the Outside temperature is twenty degrees fahrenheit Doors, windows~ and other parts of the lodg~nghouse, boardinghouse, or lodging unit shall be constructed and mainta~ned so as to prevent abnormal heat losses SECTION 5-115 - SCREENING OF VENTS Every opening which is used for ventilation purposes from a lodginghouse, boardinghouse, and lodging unit d~rectly to or from outdoor space shall be equipped with screening which shall be provided by the owner All screening required under this par- agraph shall not be less than sixteen meshes to the ~nch and shall be installed and maIntained in a manner affording complete -28- protection against entry in the lodglnghouse, boardinghouse, or lodgings, unit of flies, mosquitoes, and insects SECTION 5-116 - CLEAN AND SANITARY MAINTENANCE The operator shall be responsible for the clean, non-fire hazardous, and sanitary maintenance of all walls, floors, and ceilings in eYery lodging unit and every common area of the lodg- ing or boardinghouse SECTION 5-117 EXTERMINATION The operator shall be responsible for the extermination of rodents, vermin, or other pests within every portion of the lodging Or boardinghouse and in any portion of the structure that is leased or occupied by him, provided, however, that when- ever infestation also occurs in any other portion of the structure or whenever ~nfestatlon is caused by failure of the owner to carry out the provisions of this chapter, extermination shall be the responsibility of the owner SECTION 5-118 - MAINTENANCE OF PLUMBING AND EQUIPMENT The operator shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing f~xtures, sanitary facilities, appliances and equip- ment The owner of the above plumbing fixtures, sanitary f~- l~tles, appliances and equipment shall be responsible for the maintenance thereof ~n absence of written agreement to the contrary SECTION 5-119 SLEEPING SPACE PER PERSON In every dwelling unit and in every rooming and lodging unit, e~very room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor area, and every room eccup~ed for sleeping purposes by more than one occu- pant shall contain at least fifty square feet of floor area for each occupant twelve years of age and over and at least thirty- -29- f~ve square feet of floor area for each occupant under twelve years of age SECTION 5-120 - COOKING PROHIBITED No cooking shall be permitted in any lodging unit SECTION 5-121 - MEANS OF EGRESS Each story of a lodging or boardinghouse shall have t~ approved and unobstructed means of egress and there shall be unobstructed access from each lodging unit to be the means of egress SE6TION 5-122 - APPLICABELITY OF CERTAIN SEOTIONS OF THE BUILDING CODE Wheneyer the provisions of this chapter require the const~mction, installation, alteration, or repair of a dwelling, lodging or boardinghouse or of its facilities, utilities, or equipment, the required work shall be done ~n full compliance with the applicable provisions of the Building Code of the City except as provided in Section 5-123, below SECTION 5-123 - AUTHORITY TO ACT ON NUISANCES Nothing in th~s chapter shall be deemed to abolish or ~mpalr any ex~st~ng remedies of the city or ~ts officers or agencies relating to the removal or abatement of nuisances or to the removal 0¢ demolition of any buildings which are deemed to be dangerous, unsafe, or ~nsanitary SECTION 5-124 - CONFLICTS WTIH OTHER ORDINANCES, ETC In any case where a provision of th~s Article ~s found to be Tn conflict wlth a provision of any zoning subd~vison, building, fire, safety, or health ordinance or any regulation adopted pursuant thereto, or any other ordinance, or Code, or regulation of the City, the provlmon which establishes the higher standard for the promotion of the health, safety and welfare of the people shall prevail -30- SECTION 5-125 ISSUANCE OF PERMITS OR LICENSES TO CON- FORM TO CHAPTER , All departments, officials, and employees of the City which ~aYe the duty or authority to issue permits or licenses m in regard to the const~ction, installation, repm~r, use, or occupaQcy of dwellings, dwelling premises, or dwelling fixtures, equipment or facilities shall conform to the provisions of th~s Article, except as provided in Section 5-123 Any permit or m llcens~ issued in conflict w~th the provimons of this Article, except as pro¥ided in Section 5.123, shall be null and void SECTION 5-126 SHIFT OF RESPONSIBILITIES BETWEEN OWNER, OPERATOR, AND OCCUPANT Nothing ~n this Article shall prevent an owner, operator, or occupant from sh~fting the responsibility of the one to the other,lpro¥ided that the primary and final responsibility in every case shall remain upon the person here~n designated SECTION 5-127 PROSECUTION OF EXISTING VIOLATIONS This A~ticle shall not affect violations of any other ordlnamces, codes, or regulations of the City existing prior to the ef~ectiye date of this ordinance, and such violations shall be gov~rnmd and shall continue to be punishable to the full m extent:of the law under the provisions of such ordinances, codes,or regulations In effect at the t~me the violation was committed C PROCEDURE SECTION 5-128 - INSPECTION OF STRUCTURES The D~rector of Community Development shall be authorized to mak~ or cause to be made inspections to determine the condition of anYlstructure and premlses in order to safeguard the health, safetyi morals, and welfare of the public The said Director m or h~Sldes~gnated representatives shall be authorized to enter any structure or premises at any reasonable t~me -31- SECTION 5-129 - ACCESS TO STRUCTURES The owner, operator, agent, or occupamt of every struc- ture or premises shall give personnel authorized in Section 5-128 access to such structure and premises for the purpose of such inspection at any reasonable time SECTION 5-130 - IDENTIFICATION OF PERSONNEL Inspectors and authorized personnel of the Department of Community Development shall be supplied with official identi- fication and upon request shall exhibit such identification when entering any structure or premises SECTION 5-131 NOTICE OF VIOLATION Whenever the Director of the Department of Community Development determines that there has been a vlolatlon or that there are reasonable grounds to believe that there has been a violation or alleged violation of this ordinance or any rule or regulation adopted pursuant thereto, he shall give notlce of such violation or alleged ¥iolat~on to the person or persons res- pons~ble for such violation Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time fo~ compliance SECTION 5-132 DEMOLITION AS COMPLIANCE Any owner of a building receiving a notice of violation stating that such building does not comply with the provisions of this ordinance may demolish the building and such action shall be deemed compliance SECTION 5-133 - VACATED DWELLING MADE SECURE The owner, agent, or operator of any structure which has been designated as un(~t for human habitation or use and vacated pursuaQt to an order by the Director of Community Development / make shall such structure safe and secure in whatever manner the Dir- ector or Board may require Any vacant building open at the doors -32- and windows, if unguarded, shall be deemed dangerous to human life amd a nuisance within the meaning of these provisions SECTION 5-134 - NOTICE OF INTENT TO DEMOLISH Whenever the Director of Community Development deter- mines that a building is unfit for human use as set out ~n this ordinance, he shall include within his notice of ¥iolat~on pro- wded for ~n Section 5-131 a statement of his ~ntention to bring the ¥~latlon before the Board of Adjustment for their consider- ation and decision i SECTION 5-135 DESIGNATION OF UNFIT STRUCTURES Any structure haying any of the defects described below are deemed unfit for human habitation or use and shall be so placarded a The structure lacks illumination, ventilation, sanitation, heat, or other facilities adequate to protect the health and safety of the occu- pants or the public b The structure ~s damaged, decayed, d~lapldated, insanitary, unsafe, or verm~n-~nfested ~n such a manner as to create a serious hazard to the health and safety of the occupants o~ the public c The structure, because of the location, general conditions, state of the premises, or number of occupants, ~s so ~nsan~tary, unsafe, overcrowded, or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public SECTION 5-136 - REMOVAL OF PLACARD No person shall deface or remove the placard from any struct,ure which has been designated as unfit for human habitation until written approval ~s secured from the D~rector of Community Develo,pment or Board of Adjustment SECTION 5-137 - RECORDING OF NOTICES Whenever a notice or order has been issued for any ~nfrac- tlon of thls ordinance, the D~rector of Community Development may file a copy of such notice or order in the off~ce of the County -33- SECTION 5-441 DUTIES OF THE LEGAL OFFICER The City Attorney shall upon complaint of the Director of Community Development, or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct, or remove such vlolatlon and to take such other legal action as he deems necessary to carry out the terms and provisions of this ordinance The remedies pro¥1ded for herein shall be cumu- lative and not exclusive and shall be in addition to any other remedies provided by )aw, any and all remedies may be pursued con- currently or consecutiYely~ and the pursuit of any remedy shall not be construed as an election o~ the waiver of the r~ght ~ pursue any or all of the o~hers PART II SEVERABILITY If any section or provision of this ordin- ance should be held invalid for any reason whatsoever, such ~n- validity shall not affect the remaining portion of this ordinance which shall remain in full force and effect and the provisions of th~s ordinance are declared to be severable PART III SAVINGS CLAUSE This ordimance shall not affect violations of any other ordinance, code or regulation of the City of Denton, Texas, ex~st~ng prior to the effective date of th~s ordinance, and such wolatlon sh~ll be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes, or regulation in effect at the time the violation was committed PART IV Th~s ordinance shall take effect fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle within ten (lO) days of the date of its passage -35- A D 1969 ~OR CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JACK Q BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS -36-