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