§ 4-34. Inspections.

(1)

Inspections authorized. The municipal development department director, building official, housing inspector, health inspector and fire marshal are authorized to make inspections to determine the condition of dwelling units and premises located within the city to determine their compliance with the minimum standards as adopted.

(2)

[Frequency of inspections.] The municipal development department director, building official, housing inspector, health inspector and fire marshal or their designated representatives are authorized to routinely perform inspections, and the owner/landlord shall grant irrevocable consent and agree to allow inspections, upon any and all portions of the multifamily premises including the right to inspect individual dwelling units, as deemed necessary, as a condition of receiving a valid certificate of inspection, at least once every year of:

a.

The exterior of the structures and all of the common grounds of all multifamily housing complexes with three or more dwelling units;

b.

Any or all unoccupied dwelling units;

c.

Any or all occupied dwelling units;

d.

Any or all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms, playgrounds, and all other portions of the premises not constructed as dwelling units that are intended for common use by tenants;

e.

Any dwelling unit, common grounds, or other structures upon receipt of a complaint from any person, city department or division that any dwelling unit, common grounds, or other structure may be in violation of this chapter. Complaints shall be in writing, signed and dated by the complainant, as required by the Texas Property Code, Section 92.052 and delivered to the owner/landlord and to the municipal development department if the owner or his representative fails to remedy the complaint in accordance with Chapter 92 of the Texas Property Code.

(3)

Inspection scheduling.

a.

The director of municipal development or his designee and the owner/landlord may agree on a reasonable date and time for the initial inspection and annual inspections thereafter. However, in the event the parties cannot agree on an inspection time or if scheduling, time constraints or other factors are likely to prevent the city from inspecting the property in a timely manner on or before deadlines expire the inspections shall be scheduled by the city after giving the owner/landlord written notice of the date and time of each inspection no less than 15 days prior to the scheduled inspection.

b.

In the event that the city-designated inspector is denied admittance or entry to conduct an inspection, said denial shall not be a violation of this chapter, however, the landlord/owner shall be required to reschedule the inspection within ten days. A second denial of admittance may result in additional inspection fees or securing right of entry by obtaining an administrative search warrant.

c.

An inspection may occur at any time between the hours of 8:00 a.m. and 5:00 p.m. on the date of the scheduled inspection.

d.

All future annual inspections shall be scheduled within 30 days of the anniversary date in which the previous year's inspection was conducted.

e.

Tenants of occupied units scheduled for inspection shall have the right to be present during such inspections. The owners/landlord shall notify tenants of occupied dwellings of scheduled inspections not less than seven days prior to the scheduled date of the inspection.

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