§ 4-32. Minimum standards.

(a)

Responsibilities of landlord.

(1)

Property standards. A landlord shall:

a.

Eliminate trip hazards, holes, sharp protrusions, and other objects or conditions that exist on the premises or in common areas that are reasonably capable of causing injury to a person;

b.

Securely cover or close meter vaults or other structures to prevent entry and/or hazards created by open holes or exposed equipment;

c.

Provide an adequate number of covered solid waste receptacles or containers on the premises;

d.

Provide drainage to prevent standing water and flooding on the property;

e.

Remove dead trees and tree limbs that are reasonably capable of causing injury to a person or damaging property;

f.

Keep the doors and windows of a vacant dwelling unit or vacant portion of an apartment securely closed to prevent unauthorized entry;

g.

Keep all areas of the buildings, grounds, facilities and appurtenances in a clean and sanitary condition and report illegal dumping on their premises by tenants or nontenants to the city code enforcement officer or housing inspector in a timely manner.

h.

Notify the city in writing of any change in ownership or management of an apartment complex stating the name, address and contact information of the new owner/agent within 30 calendar days.

i.

The maximum number of tenants/occupants for any residential dwelling unit shall not exceed the limits as stated in subsection 1. below in accordance with the above-referenced codes.

1.

The maximum number of tenants who may reside in any dwelling unit shall be two occupants per bedroom plus one person (i.e. efficiency unit - three tenants; one bedroom - three tenants; two bedroom - five tenants; three bedroom - seven tenants; etc.).

2.

The owner/landlord may impose a more restrictive occupancy limit if so stated in the lease/rental contract.

(2)

Structural standards. A landlord shall:

a.

Protect the exterior surfaces of a structure which are subject to decay, by application of paint or other coatings;

b.

Provide and maintain railings for stairs, steps, balconies, porches, and elsewhere as specified in the city codes;

c.

Repair holes, cracks and other defects reasonably capable of causing injury to a person in stairs, steps, sidewalks, porches, balconies or breezeways;

d.

Maintain the roof and exterior walls of a dwelling unit or apartment building in a weathertight and watertight condition;

e.

Maintain floors, walls, ceilings, doorways, and all supporting structural members in a sound and proper functional condition, capable of bearing imposed loads safely;

f.

Maintain doors, windows, stairwells or other methods of egress free of obstructions, capable of being easily opened to the full extent required by city codes;

g.

Maintain chimney flues and vent pipes in sound and proper functional condition to prevent fumes from entering a habitable space and to preserve fire safety.

(3)

Utility standards. A landlord shall:

a.

Provide and maintain in working order all toilets, sinks, bathtubs, showers, connections, cleanouts (including keeping access points covered) to discharge sewage from a structure or land into a public sewer system;

b.

Provide and maintain in working order (without leaks) all pipes, fixtures, and appurtenances connected to a potable water source with adequate water pressure to all dwelling units;

c.

Provide and maintain a device to supply hot water between 115 and 140 degrees Fahrenheit or provide scald protection within each dwelling unit;

d.

Provide, connect and maintain in proper working order a kitchen sink, bathtub or shower, and bathroom lavatory to hot and cold water source in each dwelling unit;

e.

Connect all plumbing systems, electrical systems and mechanical systems in accordance with the adopted codes;

f.

Provide and maintain heating equipment capable of maintaining a minimum inside temperature of 68 degrees Fahrenheit in each habitable space of a dwelling unit;

g.

If the owner furnishes a fixed air conditioning system, he or she shall ensure it is designed and capable of maintaining a maximum inside temperature of 20 degrees cooler than any ambient outside temperature. If the owner furnishes window air conditioning units, fans or other ventilation devices, he or she shall maintain them in proper working order as with other appliances, equipment or fixtures. Note: if windows are the only source of ventilation then screens shall be required to be installed and maintained to prevent insects from entering dwelling unit, however, if screens are present they shall be maintained in proper condition;

h.

Provide and maintain a safe electrical supply line to each dwelling unit and ensure sufficient electrical circuits and outlets to safely carry a load imposed by normal use of appliances and fixtures;

i.

Pay all utility bills obligated by the landlord in timely manner to prevent disruption or disconnection of utilities by utility companies or the city and otherwise ensure that utilities are provided at all times in as much as possible.

(4)

Health and safety standards. A landlord shall:

a.

Make a reasonable effort to eliminate insect, rodent or vermin pests in or on the premises, in vacant structures or vacant portions of a structure, and in occupied dwelling units (a reasonable effort shall be evidence of a regular pest control program);

b.

Maintain the interior of a vacant structure or vacant portion of a structure free from rubbish and garbage;

c.

Provide and maintain appropriate covered receptacles and conveniences for the removal of ashes, rubbish, garbage and any other waste materials and to arrange for frequent removal of such waste materials (trash compacting units shall be fitted with a child-proof lockout device to prevent injury or death of children);

d.

Maintain in proper working order all lighting for parking lots, exterior security lighting, breezeways, stairwells, porch lights, or other common areas;

e.

Maintain in proper working order and free from obstruction all fire safety devices, fire alarms, exit signage, fire suppression systems, access, fire lanes, exits, locks or gates for access by the fire department;

f.

Maintain clearly visible street and unit addresses for each building and dwelling unit;

g.

Maintain swimming pool and spa safety devices in accordance with city codes including child safety lockout devices on gates and fences;

h.

Maintain and ensure proper installation of insect-proof screens for every window or other opening used for ventilation purposes from a dwelling unit directly to or from an outdoor space when air-conditioning is not being used;

i.

Provide tenants with a 24-hour emergency number for the landlord, owner's agent, employee or property manager;

j.

Notify the city when the landlord/owner evicts a tenant for criminal activity, vandalism or willful destruction of property, creating a nuisance, or other illegal acts.

(b)

Responsibilities of tenant.

(1)

General duties. A tenant shall:

a.

Maintain the interior of a dwelling unit occupied by the tenant in a clean and sanitary condition free from rubbish and garbage;

b.

Remove pets or other animals from a dwelling unit if the presence of the animal or animals is a health hazard or creates a nuisance;

c.

Connect tenant-supplied appliances, fixtures, devices, equipment, or other appurtenances in accordance with standard safe practices and codes so as not to overload electrical, mechanical or plumbing systems;

d.

Not disable, remove batteries from a smoke detector, or otherwise allow any occupant of the unit to cause a smoke detector to not function properly. It shall be the tenant's responsibility to replace the batteries in their unit's smoke detectors a minimum of once a year.

e.

Place all ashes, rubbish, garbage and other waste materials in the appropriate covered receptacles provided for same by the landlord (receptacles must not be capable of being overturned or accessed by dogs or other animals);

f.

Not alter, remodel, construct, or repair any structure or interior of a dwelling unit without the express consent of the landlord and with proper permits issued by the city. All work shall be done in accordance with the adopted codes of the city;

g.

Not install any deadbolt or door lock that does not comply with state or city codes;

h.

Not exceed the maximum safe occupancy load limits of the dwelling unit as required by the city codes;

i.

Not conduct any business from the dwelling unit in violation of the home occupation regulations as stated in the city codes;

j.

Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;

k.

Not deliberately or intentionally destroy, deface, vandalize, damage, impair or remove any part of the premises or knowingly permit any person to do so;

l.

Conduct himself, and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises. For the purpose of this article, such unpermitted conduct includes, but is not limited to, any loud playing of music, television, radio, instrument or any other mechanical device;

m.

When vacating the apartment, remove all trash and debris.

NOTE: The above list of responsibilities of a tenant is not to be construed to be comprehensive or exhaustive, wherein, the tenant's rights and responsibilities as well as the duties and remedies of the landlord are covered by contractual lease agreements, other city codes and by the Texas Property Code - Title 8 - Chapters 91 and 92.

(Ord. No. 2385, Art. II, 10-7-08)