1965-023 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, ESTABLISHING MINIMUM STANDARDS
GOVERNING THE CONDITION AND MAINTENANCE OF STRUCTURES,
DWELLINGS AND OTHER BUILDINGS, PROVIDING FOR INSPEC-
TION OF DWELLINGS AND OTHER BUILDINGS, PROVIDING PRO-
CEDURES FOR ENFORCEMENT OF PROVISIONS OF THE ORDINANCE,
AUTHORIZING THE MAKING AND ADOPTION OF RULES AND REG-
ULATIONS FOR ENFORCEMENT, FIXING CERTAIN RESPONSIBILITIES
AND DUTES OF OWNERS AND OCCUPANTS OF DWELLINGS AND OTHER
BUILDINGS, AUTHORIZING CONDEMNATION OF SUBSTANDARD AND
UNSAFE STRUCTURES AS NUISANCES, AND EXTABLISHING PRO-
CEDURE THEREFOR, PROVIDING FOR EMERGENCY ABATEMENT OF
DANGEROUS NUISANCES, PRESCRIBING PENALTIES FOR VIOLA-
T2ONS, REPEALING CONFLICTING ORDINANCES, PROVIDING A
SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
E,CT, I,ON i.
That the Code of Ordinances of the Cmty of Denton, Texas,
ms hereby amended by adding new Chapter Emghteen to sa~d Code
of Ordinances, entmtled "Unsafe Structures", whmch shall here-
after read as follows
CHAPTER EIGHTEEN
UNSAFE STRUCTURES
ARTICLE 18 01 - Defmnmt~ons
The following defmnmtlons shall apply mn the mnterpretatmon
and enforcement of this Chapter
{a) Dwel lmng
Dwelling shall mean any bumldmng whmch ms wholly or
partly used or intended to be used for l~vmng or
sleeping purposes by human occupants
(b) Extermination
Extermmnatmon shall mean the control and elmmmnatmon
of insects, rodents or other pests by elmmmnatmng
their harborage places, by removing or makmng lnac-
cessmble materials that may serve as their food, by
poisonmng, spraymng, fummgatmng, trappmng, or by any
other recognmzed and legal pest elmmmnatmon 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 authormty of the Cmty of
Denton, Texas, who shall be appomnted, and designated
as such, by the City Manager
(d) Infestation
"Infestation" shall mean the presence within or around
a building, of any ~nsects, rodents, or other pests
(e) Occupant
"Occupant" shall mean any person, over 1 year of age,
living, sleeping, cooking, or eating in, or having
actual possession of, a building, dwelling unit or
rooming unit
(f) O~erat~
"Operator"shall mean any person who has charge, care
or control of a building, or part thereof
(g) owner
"Owner" shall mean any person who, alone or jointly or
severally with others
a Shall have legal title to any structure or bu~tdlng
with or w~thout accompanying actual possession
thereof, or
b Shall have charge, care, or control of any building,
structure, dwelling un~t, as owner or agent of the
owner, or as executor, executrix, adm~nlstrator,
admlnlstratrlx, trustee, or guardian of the estate
of the owner Any such person thus representing
the actual owner shall be hound to comply w~th the
provisions of this Chapter, and of rules and regu-
latxons adopted pursuant thereto to the same extent
as if he were the owner
(h) Person
"Person" shall mean and include any ~ndlvldual, firm,
corporation, association, or partnership
(1) Rubbish
"Rubbish" shall mean combustible and noncombustible
waste materxals, except garbage, and the term shall
include the resldue from the burning of wood, coal,
coke, and other combustible material, paper, rags,
cartons, boxes, excelsior, rubber, leather, tree
branches, yard trlmmlngs, tin cans, metals, mineral
matter, glass, crockery and dust
(]) Supplied
"Supplied" shall mean paid for, furnished, or provided
by the owner or operator
(k) Meaning of certain words
"Meaning of certain words" Whenever the words
"building", "structure", "dwelling", or "dwelling
unit", "rooming house", "rooming unit", or "premises"
are used in 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 Ks hereby authorized and
directed to make lnspectlons to determine the condition of all
structures, buildings, dwellings, dwelling units, rooming un~ts,
temporary housing un~ts, and premises located w~th~n the City of
Denton, Texas, ~n order that he may perform his duty of safe-
guarding the health and safety of the occupants or of the gen-
eral public For the purpose of making such ~nspect~ons, the
Health and Safety Inspector ls hereby authorized to enter,
examine, and survey at all reasonable t~mes all structures,
buildings, dwellings, dwelling un~ts, rooming un,ts, temporary
housing units, and premises The owner or occupant of every such
structure, or the person in charge thereof, shall give the Health
and Safety Inspector free access to same and its premises at
all reasonable t~mes for the purpose uFf such ~nspectlon, examin-
ation and survey Every Occupant of such structure shall give
the owner thereof, or hls agent or employee, access to any part
thereof, or its premises, at all reasonable times for the purpose
of making such repairs or alterations as are necessary to effect
compliance with the provisions of thls Chapter, or with any
lawful ordinance or regulation adopted or any lawful order ~ssued
pursuant to the provisions of th~s Chapter
ARTICLE 18 03 - 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 prov~slon of this Chapter
or of any rule or regulation adopted pursuant thereto,
notlce shall be glven of such alleged violation to the
person or persons responsible therefor, as hereinafter
provided Such not~ce shall
(1) Be in wrltlng, and shall clearly state the nature
of the violation,
(2) Allow a reasonable time for the performance of any
act ~t requires ~n order to eliminate the noted
violation, sa~d t~me not to exceed thirty (30) days,
(3) Include a statement of the reasons why ~t ~s being
issued,
(4) Be served upon the owner or his agent, and the
occupant Such notice shall be deemed to be
properly served upon an owner or agent and occu-
pant, 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 notice will
contain an outline of remedial action, which, if
taken, will effect compliance with the provisions
of this Chapter and with rules and regulations
adopted pursuant thereto
(b) Hearing and Appeal
Any person affected by any notice which has been issued
in connection with the enforcement of any provisions 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 Council of the City of
Denton, provided that such person shall file, within
ten (10) days after the day the not.ce was served, in
the office of the City Secretary, a written petition
requesting such hearing and setting forth a brief state-
ment of the grounds therefor Upon receipt of such
petition, said Council shall set a time and place for
such hearing and shall give the petitioner written
notice thereof At such hearing the petitioner shall
be given the opportunity to be heard and to show why
such notice should be modified or withdrawn The hearing
shall commence not later than the first regular meeting
of the Council held after the date on which the peti-
tion was filed, however, the Council may postpone the
date of the hearing for a reasonable time, if in its
judgment there is good and sufficient reason for such
postponement
After such hearing, the Council shall sustain, modify
or withdraw the notice, depending upon its finding as
to whether the provisions of this Chapter and of the
rules and regulations adopted pursuant thereto have
been complied with If the Council sustains or modifies
such notice, it shall be deemed to be an order Any
notice served purusant to this Article shall automat-
ically become an order if a written petition for a
hearing is not filed an the office of the C~ty Secretary
within ten (10) days after such notice is served
The proceedings at such hearings, including the findings
and decisions of the Council, shall be summarized,
reduced to writing, and entered as a matter of public
record in the office of the City Secretary Such record
shall also include a copy of every notice or order
issued in connection w~th the matter Any person ag-
grieved by the decision of the Council may seek relief
therefrom in any court of competent jurisdiction, as
provided by the laws of the state
(c) Emergency Action
Whenever the Health and Safety Inspector finds that an
emergency exists which requires lr~nedlate action to pro-
tect the public health or safety, he may, without
notice or hearing, issue an order reciting the exis-
tence 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 Chapter, such order shall be effective immediately
Any person to whom such order is directed 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 findings as to
whether the provisions of this Chapter and of the
rules and regulations adopted pursuant thereto have
been complied w~th, the Health and Safety Inspector
shall continue such order in effect, or modify It, or
revoke it
ARTICLE 18 04 - Adoption of Rules and Regulations by the Health
and Safety Inspector
The Health and Safety Inspector is hereby authorized to
make, subject to approval by the Council of the City of Denton,
and, after a public hearing has been bald by said Council, to
adopt such written rules and regulations as may be necessary for
the proper enforcement of the provisions of this Chapter provided
that such rules and regulations shall not be in conflict with
the provisions of this Chapter The Health and Safety Inspector
shall file a certified copy of all such rules and regulations
which he may adopt with the City Secretary of the City of Denton,
Texas
ARTICLE 18 05 - General Requirements Relating to the Safe and
Sanitary Maintenance of Dwelling, Parts of
Dwellings and Dwelling Units
No person shall occupy as owner-occupant or let to another
for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not comply with the following require-
ments
(a) Every foundation, floor, wall, ceiling, and roof shall
be reasonably weathertlght, watertight, and rodentproof,
shall be capable of affording privacy, and shall be kept
in good repair,
(b) Every window, exterior door, and basement hatchway shall
be reasonably weathertlght, watertight, and rodentproof,
and shall be kept in sound working condition and good
repair,
(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 in sound condition and good repair,
(d) Every plumbing fixture and water&waste pipe shall be
properly installed and maintaIned in good sanitary
worklng condition, free from defects, leaks, and
obstructions,
(e) Every water closet compartment floor surface and bath-
room floor surface shall be constructed and maintained
so as to be reasonably impervious to water and so as to
permit such floor to be easily kept in a clean and
sanitary condItion,
(f) Every faollity, piece of equipment, or utility which
is required under this chapter shall be so constructed
or installed that it will function safely and effectively,
and shall be maintained in satisfactory working condlt~on~
(g) No owner, operator, or occupant shall cause any service,
facility, equipment, or utility which is required under
this chapter to be removed from or shut off from or
discontInued for any occupied dwelling let or occupied
by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are
in process, or during temporary emergencies,
(h) No owner shall occupy or let to any other occupant any
vacant dwelling unit unless it is safe, clean, sanitary,
fit for human occupancy, and which does not consltute
a fire hazard
ARTICLE 18 06 - Designation of Unsafe Structures and Legal
Procedure of Condemnation
IThe deslgnatlon of structures, buildings, dwellings, or
dwelling units as unsafe, and the procedure for the condemnation
and placarding of such unsafe bulldlngs, dwellings, dwelling
units or other structures shall be carried out in compliance
with the following requirements
(a) Any building, dwelling, dwelling unit or other structure
which shall be found to have any of the following de-
fects shall be condemned as unsafe and shall be so
designated by the Council of the City of Denton and
placarded by the Health and Safety Inspector
(1) One which is so damaged, decayed, dilapidated, un-
sanitary, unsafe, or vermln-~nfested that it creates
a serious hazard to the health or safety of any
occupant, ad]olnlng structure, or to the public, or
(2) One which lacks illumination, ventilation, or sanitary
facilities adequate to protect the health or safety
of any occupant or the public, or
(3) One which because of its general condition or loca-
tIon is unsanitary, or otherwise dangerous, to the
health or safety of any occupant or of the public, or
(4) One which constitutes a fire hazard to any occupant,
adjoining structure, or to the public
(b) Any bu~ldang, dwelling, dwelling unit or other structure
condemned as unsafe, and so designated and placarded,
shall be vacated w~than a reasonable time as ordered
by the Councal of the Caty of Denton
(c) No dwelling or dwelling unit whach has been condemned
and placarded as unfat for human habatat~on shall agaan
be used for human habatataon until written approval as
secured from and such placard ~s removed by order of
the said Council The Health and Safety Inspector shall
remove such placard whenever the defect or defects upon
which the condemnataon and placarding actaon were based
have been elam~nated
(d) No person shall deface or remove the placard from any
buildang, dwelling, dwelling unat or other structure
which has been condemned as unsafe and placarded as
such, except as provided an Subsectaon (c) above
(e) Any person affected by any not.ce or order relatang to
the condemndmng and placarding of a bualdang, dwellzng,
dwelling unit or other structure as unsafe may request
and shall be granted a hearzng on the matter before the
Councal under the provisions set forth above
(f) Ail structures condemned under thzs Article are con-
s~dered nuisances an fact and shall be abated as pro-
v~ded below
ARTICLE 18 07 - Procedure for Removal of Condemned Buald~ngs,
Dwellangs, Dwelling Unats or other Structures
(a) Emergency Removal
(1) By Owner
If any building, dwelling, dwelling unit or other
structure condemned under the provasaons of thas
Chapter ls, or becomes, a publmc hazard or health
nuisance whach constztutes an emergency, as defaned
below, at shall be removed by the owner thereof
wlthln thlrty (30) days of recelvlng proper notlce
an wr~tang from the Health and Safety Inspector for
such removal, unless same ~s removed under the pro-
v~saons of Article 18 03 (c), above
(2) By Health and Safety Inspector
If the owner of any such bulldzng, dwelling, dwellzng
unit or other structure whach constitutes an emergency,
as defzned below, falls or refuses to remove same
withln thirty (30) days of receiving the not.ce to
remove, or ~f such owner cannot be reached to serve
with notace, and the provzsaons of Artacle 18 03 (c)
above, have not been applied, the Health and Safety
Inspector shall cause the structure to be removed,and
he shall keep a careful account of all expenses ~ncurred,
reportzng an writing to the City Secretary the total
cost of the work
(b) Emergency Defined
When it shall appear that a building or structure is
substandard under the terms of this article and that
such building or structure or the manner of ~ts use
constitutes an immediate and serious danger to life
or property, the condition shall constitute an emergency
(c) Normal Procedure
Where an emergency does not ex~st, the following
steps may be taken to remove unsafe buildings, dwellings,
dwelling units and other structures and to abate same
as nuisances
(1) The owner, and occupant if any, shall be given
notice in writing, either in person or by regis-
tered or certified mall to his last known address,
that his structure has been declared unsafe and a
nuisance and that an order by the City Council has
been issued to remove same, and that such owner,
and occupant if any, shall have ten (10) days from
the date of the notice to appeal the order to
the City Council as provided in Article 18 03 (b)
of this Chapter
(2) If the owner or occupant falls to perfect such
appeal, or if the order is affirmed by the City
Council, the City Attorney shall enforce such
order by filing an appropriate action in the court
havln~ ~Fis~ictton zn ~he matter
(d) Neither the City of Denton nor any authorized agent
or officer acting under the terms of this chapter shall
be liable or have any liability by reason of any order
issued, or work done, in compliance with the terms of
this Chapter
ARTICLE 18 08 - Special Assessment for Cost of Removal - Notice
and Hearing
(a) The C~ty Secretary shall issue either a personal notice,
or a notice to be published in the offlclal newspaper
in the City of Denton, notifying the owner of any
building, dwelling, dwelling unit or other structure
removed under the emergency provisions of this Chapter
to appear before the City Council for a hearing on a
date to be fixed by the Council, said date being at
least 10 days after the notice and to show cause why
the charge or cost of removal shall not be imposed
against said owner and his premises as a special as-
sessment
(b) If it appears to the Council, upon the hearing, that
the sa~d charge is reasonable and covers only the cost
and expense required, the Council shall levy a special
assessment against the lot, tract or parcel of land from
which any such structure was removed, and the sa~d special
assessment shall constitute a lien against the sa~d
premises, and a personal charge against the sa~d owner,
and the same shall be collected by the Tax Collector
as other taxes are collected ~n the C~ty of Denton
ARTICLE 18 09 - Penalties
Any person who shall violate any provls~on of th~s Chapter,
or any provision of any rule or regulation adopted pursuant to
authority granted by th~s Chapter, shall, upon conviction, be
punished by a fine of not less than $1 00 mot mO~snthan $100 00
and each day's failure to comply w~th any such prov~slon shall
constitute a separate offense
~ECTION II~
In any case where a provision of th~s ordinance is found to
be in conflict with a provls~on of any zoning, bulld~ng, f~re,
safety, or halth ordinance or code of the C~ty of Denton, Texa~,
existing on the effective date of this ordinance, the provision
which establishes the higher standard for the promotion and pro-
tectlQn of the health and safety of the paople shall prevail In
any case where a provls~on of th~s Chapter ~s found to be ~n con-
fl~ct with a provision of any other ordinance or code of the City
of Denton, Texas, existing on the effective date hereof which es-
tablishes a i~e~vs~n~&~d for the protection and promotion of
the health and safety of the people, the provisions of th~s or-
dinance shall be deemed to prevail, and such other ordinances
and codes are hereby declared to be repealed to the extent that
they r0ay be found ~n conflict herewith C~ty of Denton Ordinance
64-27 is hereby expressly repealed and superseded by this enactment
SECTION III.
If any section, subsection, paragraph, sentence clause, or
phrase of this ordinance should be declared invalid for any reason
whatsoever, such decision shall not affect the remaln~ng port~ons
of this ordinance, which shall remain ~n full force and effect,
and to this end the prov~slons of th~s ordinance are hereby de-
clare~ to be severable
SECTION IV
That th~s ordinance shall become effective fourteen (14)
days from the date of ~ts passage, and the C~ty Secretary ~s
hereby directed to cause the caption of th~s ordinance to be
published twice ~n the Denton Record Chronicle within ten (10)
days of the date of ~ts passage
PASSED and APPROVED th~s ~ ~ ~tday of ~=~, A D 1965
Warren Whltson, Jr , Mayor
City of Denton, Texas
ATTESTz/~
Br6o~k~ Holt, C~ty Secretary
City of Denton, Texas
APPROVED AS TO LEGAL FORM
t k
Q Barton, C~ty Attorney
y of Denton, Texas