§ 4-31. Minimum property maintenance and safety standards for multifamily structures.

(a)

General.

(1)

Reference to laws. Any reference in this section to ordinance, section, statute, or other law or portion of law, includes the cited law as it exists at the time this section becomes effective and includes all the cited law's successors. The minimum standards set forth herein for health, safety, welfare, fire protection, sanitation, property maintenance, nuisance abatement, refuse management, high weeds and grass, and building codes are adopted and derived from the following as adopted or amended:

a.

Terrell City Code Revised

b.

2015 International Building Code (IBC)

c.

2015 International Residential Code (IRC)

d.

2015 International Fire Code (IFC)

e.

2015 International Property Maintenance Code (IPMC)

f.

2015 International Plumbing Code (IPC)

g.

2015 International Mechanical Code (IMC)

h.

2015 International Fuel Gas Code (IFGC)

i.

2015 International Existing Building Code (IEBC)

j.

2014 National Electrical Code (NEC)

k.

HUD Minimum Housing Standards (Form HUD-52580-A)

l.

Texas Property Code - Title 8 - Landlords and Tenants

m.

Texas Local Government Code (TLGC) - Chapters 54 and 214

(2)

Purpose. The purpose of this code is to provide minimum standards to protect the health, safety, morals, and welfare of the citizens of the City of Terrell by establishing minimum property maintenance and safety standards applicable to the use, occupancy, and maintenance of all multifamily structures, dwelling units, and premises. These minimum standards are established to ensure all structures, facilities and properties are safe, sanitary, and fit for human use and habitation. It is not intended that this Code be interpreted or enforced to require the city to intervene in matters which are primarily personal, private in nature or civil disputes between landlords and tenants which may be appropriately resolved between or among private interests without material damage to the public health, safety, or welfare.

(3)

Compliance. This Code is found to be remedial and essential to the public interest, and it is intended that this Code be liberally construed to effectuate its purposes. All existing multifamily structures, dwelling units, accessory structures, swimming pools, spas, fences and premises located within the corporate city limits of the City of Terrell on the effective date of this Code, or constructed or developed thereafter must comply with the provisions of this Code.

NOTE: All existing multifamily buildings, dwelling units, accessory buildings, club houses and other structures designed for tenant use shall be required to have an initial inspection (or qualified alternate inspection as provided for in Ord. No. 2385) and all violations or deficiencies corrected no later than December 31, 2009 in accordance with the requirements of this ordinance. Noncompliance after this date may result in assessment of additional fees and/or subject the property owner to civil penalties or other penalties as provided for herein.

(b)

Definitions.

Accessory building means a structure on the same lot as the main building.

Apartment means a room or suite of rooms arranged or designed to be used as a residence by a single family, individual, or group of individuals living as a single household.

Apartment building means any residential structure containing three or more dwelling units.

Bathroom means an enclosed space containing one or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes.

Bedroom means an enclosed space used or intended to be used for sleeping purposes and not as a kitchen, dining room, bathroom, living room, closet, storage space, hallway, utility space, entryway, garage, patio or breezeway. (Note: The square footage of a kitchen, living room, dining room, bathroom, closet, storage space, hallway, utility space, entryway, garage, patio or breezeway shall not be included as a sleeping area in determining the minimum occupancy area required for sleeping purposes.)

Building Code means the codes listed in subsection (a)(1) above as adopted or amended.

Building official means the duly appointed person authorized and directed to enforce all provisions of this Code, to render interpretations of this Code and to adopt policies and procedures in order to clarify the implementation the provisions of this Code.

Certificate of inspection means that the apartment dwelling unit, building, structure and/or premises meets the minimum property, health, safety and sanitation standards as set forth in this ordinance and other adopted codes of the City of Terrell.

Certificate of occupancy means authorization to occupy or use a structure in accordance with the adopted or referenced codes listed herein issued by the building official of the City of Terrell.

City means the City of Terrell, Texas.

Dangerous or substandard building means a structure or building where conditions exist as outlined in V.T.C.A., Texas Local Government Code chapters 54 and 214 and the Terrell City Code Revised which could possibly threaten the health, safety, general welfare or property of any person or persons.

Director of municipal development means the department head appointed to administer and direct the operations of the building inspections, code enforcement, health and planning and zoning divisions of the city.

Dwelling means a structure designed or intended to be used or occupied for residential purposes.

Dwelling unit means any room or group of rooms occupied, or which is intended or designed to be occupied as a single unit providing complete independent living facilities for one individual, group of individuals not to exceed six unrelated persons, a single family, or single household which includes permanent provisions for living, sleeping, eating, cooking, and sanitation. (See also definition of "multifamily complex or apartment complex" for occupancy load limits.)

Efficiency unit means a dwelling unit containing only one habitable room with a maximum number of occupants of three persons.

Egress means a safe and unobstructed means of exit from a structure leading to safe and open space at ground level.

Emergency escape and rescue opening means an opening (typically a window) facing directly to the outdoors of a structure which is capable of being easily opened by the occupant with a minimum height of 24 inches and a minimum width of 20 inches with a minimum total of 5.7 square feet in size. Required for each room used as a bedroom.

Extermination means the control and elimination of insect, rodent or vermin pests.

Family means one or more persons related by blood, affinity (marriage), or adoption to the second degree of consanguinity; or a group not to exceed six persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit. The definition of the second degree of consanguinity for the purpose of defining a single family is spouse, siblings, parents, grandparents, children, or grandchildren in accordance with V.T.C.A. Texas Government Code chapter 573.

Fire marshal means the appointed official authorized to enforce all adopted fire codes of the city.

Floor area (net) means the total area of all habitable space used or designed for living, sleeping, eating, or cooking excluding bathrooms, toilet rooms, pantries, closets, halls, breezeways, storage, attics or utility spaces measured in square feet.

Floor area (gross) means the total area of a dwelling unit including both habitable and non-habitable space that is air-conditioned excluding garages, common areas, open porches, or areas which are not climate controlled measured to the inside walls of the unit and shown in square feet.

Garbage means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Guest, invitee, or visitor means any person(s) who stays with a tenant in a dwelling unit free of charge for 30 days or less per calendar year with the landlord's consent. Persons staying longer than 30 days in a calendar year shall be considered tenants for the purpose of occupancy loads.

Infestation means the presence within or contiguous to a dwelling unit of insect, rodent, or vermin pests or visible evidence of their presence in the absence of the actual living organism.

Kitchen means a space at least 60 square feet in size used cooking and the preparation of food.

Kitchenette means a space less than 60 square feet in size used for cooking and the preparation of food.

Landlord means the owner, property manager, resident manager, agent or any other person held out by any owner or property manager as the appropriate person with whom the tenant or public normally deals with, concerning leases, rental agreements, contracts, payment of rents, maintenance, complaints, emergencies, etc., of the apartment building as well as having budgetary authority to effect repairs in a timely manner as required to abate or correct violations of this ordinance [Ord. No. 2385].

Laundromat means a self service room or separate building accessible to all residents or tenants and which contains one or more washers and dryers.

Litter means garbage, refuse, rubbish, and all other waste material deposited on the ground or in any other place other than in an approved waste receptacle.

Multifamily complex or apartment complex means any building or group of buildings which provide three or more dwelling units on a single platted lot or on a single tract or contiguous tracts of land under a common ownership if the land on which the building or buildings is located is unplatted.

Occupancy load limit means the maximum number of tenants or persons who can safely occupy or reside in a dwelling unit.

Occupant means any person over one year of age living, sleeping, cooking, eating in, or having actual possession of a dwelling unit.

Owner means a person claiming, or in whom is vested, the ownership, dominion, or title to real property, including, but not limited to:

(1)

The owner of fee simple title;

(2)

The holder of a life estate;

(3)

The holder of a leasehold estate for an initial term of five years or more;

(4)

The buyer in a contract for deed;

(5)

A mortgagee, receiver, executor, or trustee in control of real property; or

(6)

The landlord, lessor, or sublessor of a dwelling or apartment building.

Person means an individual, corporation, business trust, estate trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

Plumbing means any system, appurtenance, fixture or appliance that is connected to, discharges to or utilizes gas, fuel, water, or sewage disposal including, but not limited to, toilets, lavatories, sinks, laundry tubs, catch basins, wash basins, bathtubs, showers, water heaters, water faucets, water lines, waste sewer pipes and sewerage systems, septic tanks, drains, vents, traps, appliances or private fire hydrants.

Potable water means water duly approved as satisfactory and safe for drinking by the water utility department of the city.

Premises means a lot, plot, parcel or tract of land including any structures located thereon.

Refuse means all solid wastes including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, dead vegetation, junk vehicles, trash, paper, wood, yard clippings, discarded man-made products, glass, etc.

Structure means that which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Swimming pool means any structure, basin, chamber, or tank containing an artificial body of water having a depth of 24 inches or more at any point.

Tenant means any person who occupies a dwelling unit for living or dwelling purpose with the landlord's consent.

Unfit for human habitation means a condition exists which could possibly threaten the life, health, safety, property, or general welfare of the occupant including those occupants of other dwelling units in the same building or apartment structure. (See "dangerous or substandard buildings.")

Uninhabitable means the same as unfit for human habitation.

(Ord. No. 2385, Art. I, 10-7-08; Ord. No. 2629, Arts. I, II, 3-3-15 ; Ord. No. 2698, Arts. I, II, 8-15-17 )