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1964-027 / AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ESTABLISHING MINIMUM STANDARDS ~OVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS AND OTHER BUILDINGS, PROVIDING FOR INSPECTION OF DWELLINGS AND OTHER BUILDINGS, PROVIDING PROCEDURES FOR ENFORCEMENT OF PROVISIONS o~ THE O%DINANC~, AU~ZZL~ THE mtKING AND ADOPTION OF RULES AND REGULATIONS FOR ENFORCEMENT, FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS AND OTHER BUILDINGS, AUTHORIZING CONDEMNATION OF DWELLINGS UNFIT FOR HUMAN HABITATION, AND ESTABLISHING PROCEDURE THEREFORE, PRESCRIBING PENALTIES FOR VIOLATIONS, REPEALING CONFLICTING ORDINANCES, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding new Chapter Eighteen to said Code of Ordinances, entitled "Unsafe Structures" which shall hereafter read as follows CHAPTER EIGHTEEN uNSAFE STRUCTURES ARTICLE 18 01 - Def~nltlons The following def~nlt~ons shall apply an the interpretation and enforcement of this Chapter (a) Dwelling Dwelling shall mean any building which is wholly or partly used or intended to be used for l~v~ng or sleeping purposes by human occupants (b) Extermination ~=term~natlon 9hall mean the control and elimination of ~nsects, rodents, or other pests by ellmlnat~ng their harborage places, by removing or making ~naccess~ble materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest ellmlnat~on methods approved by the Health and Safety Inspector (c) Health and Safety Inspector "Health and Safety Inspector" shall mean the legally designated health and safety authority of the C~ty of Denton, Texas, who shall be appointed, and designated as such, by the C~ty Manager (d) Infestatlon "Infestation" shall mean the presence within or around a dwelllng, of~any insects, rodents or other pests (e) Occupant "Occupant" shall mean any person, over 1 year of age, l~vlng, sleeplng, cooklng, or eating in, or havlng actual possession of, a dwelling unit or rooming unit (f) Operator "Operator" shall mean any person who has charge, care, or control of a building, or part thereof, in which dwelllng un,ts or rooming un~ts are let (g) Owner "Owner" shall m can any person who, alone or ]olntly or severally w~th others a Shall have legal tltle to any dwelling or dwelling un~t, w~th or w~thout accompanying actual possession thereof, or b Shall have charge, care, or control of any dwelling or dwelling un~t, as owner or agent of the owner, or as executor, executrix, administrator, admlnlstratr~x, trustee, or guardlan of the estate of the owner, Any such person thus representing the actual owner shall be bound to comply w~th the provisions of th~s Chapter, and of rules and requlat~ons adopted pursuant thereto to the same extent as ~f he were the owner (h) Person "Person" shall mean and ~nclude any ~nd~v~dual, f~rm, corporation, association, or partnership Rubbish "Rubbmsh" shall mean combustmble and noncombustible waste matermals, except garbage, and the term shall ~nclude the resldue from the burnlng of wood, coal, coke and other combustm~le matermal, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trlmmlngs, tin cans, metals, mlneral matter, glass, crockery and dust (3) Supplied "Supplmed" shall mean pa~d for, furnished, or provided by the owner or operator (k) Meaning of certamn words ~Meanlng of certaln words" Whenever the words "dwelling", or "Dwellmng unlt"~ "roommng house"~ "rooming un~t"t or "premises" are used an th~s Chapter, they shall be construed as though they are followed by the words, "Or any part thereof" ARTICLE 18 02 - INSPECTION The Health and Safety Inspector is hereby authorized and directed to make ~nspectlons to determine the condition of dwellings, dwelling units, rooming units, temporary housing units, and premises located w~thln the City of Denton, Texas, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public For the purpose of making such ~n~pectlons, the Health and Safety Inspector is hereby authorized to enter, examine, and survey at all reasonable t~mes all dwellings, dwelling un~ts, rooming units, temporary housing un~ts, and premises The owner or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge ~ereof, shall give the Health and Safety Inspector free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such ~nspectlon, examination and survey Every occupant of a dwelling or dwelling unit shall give the owner thereof, or h~s agent or employee, access to any part of such dwelling or dwelling unit, or its p~em~ses, at all reasonable time for the purpose of making such red, irs or alterations as are necessary to effect compliance with the provisions of th~s Chapter, or with any lawful ordinance or regulation adopted or any lawful order issued pursuant to the provisions of this Chapter ARTICLE 18 08 - Enforcement (a) Notice Whenever the Health and Safety Inspector determines that there are reasonable grounds to believe that there has been a v~olatlon of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, notice shall be given of such alleged violation to the person or persons responsible therefore, as hereinafter provided Such notice shall (1) Be in writing, and shall clearly state the nature of the v~olatlon, (2) Allow a reasonable time for the performance of any act it requires in order to eliminate the noted violation, said time not to exceed thirty (30) days, (3) Include a statement of the reasons why it is being issued, (4) Be served upon the owner or has agent, and the occupant Such notice shall be deemed to be properly served upon an owner or agent and occupant, if served personally, or if a copy thereof is sent by registered or certified mall to the last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if such notice is served by any other method authorized or required under the laws of this state Such not,ce will contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and w~th rules and =egulatlons adopted pursuant thereto (b) Hearing and Appeal Any person affected by any notlce which has been ~ssued in connection with the enforcement of any prov~szons of this Chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Councll of the Czty of Denton, provided that such person shall f~le, wlthzn 10 days after the day the not~ce was served, zn the offzce of the C~ty Secretary, a written petltlon requesting such hearing and setting forth a brzef statement of the grounds therefore Upon receipt of such petition, sa~d Council shall set a t~me and place for such hearlng and shall gzve the petItioner written not,ce thereof At such hearing the pet~tloner shall be given the opportunity to be heard and to show why such notice should be modified or wlthdrawn The hearzng shall commence not later than the first regular meeting of the Council held after the date on which the petition was flled, however, the Counczl may postpone the date of the hearing for a reasonable t~me, zf ~n ~ts judgment there ~s good and sufficient reason for such postponement After such hearlng, the Councll shall sustain, modzfy, or w~thdraw the notice, dependzng upon zts fznd~ng as to whether the provls~ons of thzs Chapter and of the rules and regulations adopted pursuant thereto have been complied with If the Council sustains or modlfzes such not~ce, shall be deemed to be an order Any notice served pursuant to thls Article shall automatically become an order if a written pet~tzon for a hearing zs not flled in the office of the C1ty Secretary wzthln 10 days after such not~ce is served The proceedlngs at such hearlngs, zncludzng the findings and dec~slons of the Counczl, shall be summarized, reduced to wr~tzng, and entered as a matter of publzc record 1n the off,ce of the C~ty Secretary Such record shall also ~nclude a copy of every not~ce or order issued ~n connection wlth the matter Any person aggrieved by the decision of the Counczl, may seek rellef therefrom zn any court of competent 3urmsdlctlon, as provzded by the laws of the state (C) Emergency Action Whenever the Health and Safety Inspector f~nds that an emergency exists which requlres ~mmed~ate action to protect the public health, he may, wlthouttnotlce or hearing, 1ssue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency Notwithstanding the other provisions of this chaptera such order shall be effective ~mmedlately Any person to whom such order is d~rected shall comply therewith immediately, but upon petition to the Council shall be afforded as soon as possible, a hearing After such hearing, depending upon the finds as to whether the provisions of th~s chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Health and Safety Inspector shall continue such order ~n effect, or modify ~t, or revoke it ARTICLE 18 04 - Adoption of Rules and Regulations by the Health and Safety Inspector The Health and Safety Inspector zs hereby authorized to make, sub]ect to approval by the Counczl of the Czty of Denton, and, after a public hearing has been held by sazd Council, to adopt such wrztten rules and regulations as may be necessary for the proper enforcement of the provzslons of thzs Chapter provided that such rules and regulations shall not be zn conflict w~th the provzslons of this Chapter The Health and Safety Inspector shall fzle a certified copy of all such rules and regulations whzch he may adopt with the C~ty Secretary of the C~ty of Denton, Texas ARTICLE 18 05 - General Requlrements Relatzng to the Safe and Sanitary Maintenance of Dwellings, Parts of Dwellzngs and Dwelling Unlts No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unzt, for the purpose of l~vzng there~n, which does not comply w~th the following requirements, (a) Every foundation, floor, wall, ceiling, and roof shall be reasonably weathert~ght, watertight, and rodentproof, shall be capable of affording privacy, and shall be kept ~n good repalr, (b) Every wzndow, exterior door, and basement hatchway shall be reasonably weathertlght, watertight, and rodentproof, and shall be kept ~n sound working condmt~on and good r~pa~r, (c) Every inside and outside stairway and steps, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept ~n sound condlt~on and good repair, (d) Every plumbing flxture and water and waste pipe shall be properly installed and maintained zn good sanitary working condzt~on, free from defects, leaks, and obstructions, (e) Every water closet compartment floor surface and bathroom floor surface shall be constructed and mazntalned so as to be reasonably lmpervzous to water and so as to permlt such floor to be easlly kept ina clean and sanitary condltlon, (f) Every facility, p~ece of equipment, or utlllty which is required under this chapter shall be so constructed or ~nstalled that it w~ll function safely and effectively, and shall be maintained ~n satisfactory working condition, (g) NO owner, operator, or occupant shall cause any service, fac~llty, equipment, or utllzty which ls required under this chapter to be removed from or shut off from or dis- continued for any occupied dwelling let or occupied by h~m, except for such temporary ~nterruptmon as may be necessary while actual repazrs or alterations are zn process, or during temporary emergencies, (h) No owner shall occupy or let to any other occupant any vacant dwelling unit unless ~t ~s clean, sanitary, f~t for human occupancy, and which does not constitute a f~re hazard ARTICLE 18 06 - Designation of Unfit Structures and Legal Procedure of Condemnatlon The designation of dwell~ngg, dwelling un~ts or other structures as unfit for human habltat~on and the procedure for the condemnation and placarding of such unfit dwellings, dwelling un~ts or other structures shall be carried out ~n compliance w~th the following requirements (a) Any dwelling, dwelling unit or other structure which shall be found to have any of the following defects shall be condemned as unfit for human habltatlon and shall be so designated by the Council of the C~ty of Denton and placarded by the Health and Safety Inspector (1) One which is so damaged, decayed, d~lapldated, un- sanitary, unsafe, or vermln-~nfested that ~t creates a serious hazard to the health or safety of any occupant or to the publlc, or (2) One which lacks ~llum~nat~on, ventilation, or sanitary facilities adequate to protect the health or safety of any occupant or the public, or (3) One which because of ~ts general condltlon or locatlon ls unsanltary, or otherwise dangerous, to the health or safety of any occupant or of the public, or (4) One which constitutes a f~re hazard to any occupant or to the public (b) Any dwelling, dwelllng unit or other structure condemned as unfit for human hab~tatlon, and so deslgnated and placarded, shall be vacated wlthln a reasonable tlme as ordered by the Council of the C~ty of Denton (c) No dwelling or dwelllng unit which has been condemned and placarded as unfit for human habitation shall again be used for human habltat~on untll wrltten approval ls secured from and such placard ~s removed by order of the sa~d Council The Health and Safety Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated (d) No person shall deface or remove the placard from any dwelling, dwelling unit or other structure which has been condemned as unfit for human habitation and placarded as such, except as provided an Subsectlon (c) above (e) Any person affected by any notice or order relatlng to the condemning and placarding of a dwelling, dwelling unit or other structure as unfit for human habitation may request and shall be granted a hearing on the matter before the Council under the provisions set forth above ARTICLE 18 05 - Procedure for Removal of Condemned dwellings, Dwelling Units or Other Structures (a) Removal by Owner If any dwelling, dwelling unit or other structure condemned under the provisions of this chapter is, or becomes, a public hazard or health nuisance, it shall be removed by the owner thereof within thirty (30) days of recelvlng proper notice in writing from the Health and Safety Inspector for such removal (b) Removal by Health and Safety Inspector If the owner of any%such dwelling, dwelling unit or other structure fails or refuses to remove same within thirty (30) days of receiving the notice to remove, or if such owner cannot be reached to serve with notice, the Health and Safety Inspector shall cause the structure to be removed, and he shall keep a careful account of all expenses incurred, reporting in writing to the C~ty Secretary the total cost of the work (c) Special Assessment for Cost of Removal - Not~ce and Hearing (1) The City Secretary shall Issue e~ther a personal notice, or a notice to be published in the official newspaper in the City of Denton, notifying the owner of the removed dwelling, dwelling unit or other structure to appear before the City Council for a hearing on a date to be fixed by the Councll, said date being at least 10 days after the notice, and to show cause why the said charge or cost shall not be ~mposed against sa~d ~wner and h~s premises as a special assessment (2) If it appears to the Council, upon the hearing, that the said charge is reasonable and covers only the cost and expense required, the Council shall levy a special amsessment against the lot, tract or parcel of land from which any such structure was removed, and the said special assessment shall constitute a lien against the said premises, and a personal charge against the said owner, and the same shall he collected by the Tax Collector as other taxes are collected in the City of Denton ARTICLE 18 08 - Penalties Any person who shall vlolate any provls~on of this Chapter, or any provision of any rule or regulation adopted pursuant to authority granted by th~s Chapter, shall, upon convlctlon, be punlshed by a flne of not less than $1 00 nor more than $100 00 and each day's failure to comply w~th any such provision shall constitute a separate offense SECTION II In any case where a provision of th~s ordinance zs found to be zn conflict with a provlszon of any zonmng, building, f~re, safety, or health ordinance or code of the Czty of Denton· Texas, ex~st~ng on the ef~ ctlve date of thls ordinance, the provision whzch establishes the hmgher standard for the promotion and protectzon of the health and safety of the people shall prevail In any case where a provision of this Chapter is found to be zn conflict with a prov~slon of any other ordinance or code of the C~ty of Denton, Texas, existing on the effective date hereof which establishes a lower standard for the protection and promotzon of the health and safety of the people, the provisions of this ordinance shall be deemed to prevall~ and such other ordinances and codes are hereby declared to be repealed to the extent that they may be found zn conflict herewmth SECTION III If any section, subsect~on~ paragraph, senten~ce clause, or phrase of thls ordinance should be declared invalid for any reason whatsoever, such declslon shall not affect the rema~nlng portions of this ordinance, which shall remaln ~n full force and effect, and to this end the prov~slons of th~s ordinance are hereby declared to be severable SECTION IV That this Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby d~rected to cause the captlon of th~s oNd~nance to be published twice ~n the Denton Record Ch=onlcle wlthln ten (10) days of the date of ~ts passage PASSED AND APPROVED th~s~& day of .~~ , A D 1964 Warren Wh~tson, Jr · Mayor Czty of Denton, Texas Clty of Denton, Texas J~ Q. Barton, C~ty Attorney City of Denton~ Texas