§ 4-35. Enforcement.

(1)

Reinspections. The owner/landlord shall have 30 days to remedy all conditions identified as a violation of this ordinance [Ord. No. 2385] during the routine annual inspection and call for a reinspection. If the dwelling unit, building, structure, or other area on the premises fails a second time, the owner/landlord will be granted one additional 30-day period in which to remedy the violations and call for a second reinspection. If the violations still exist at the time of the second reinspection the city shall have the following options:

a.

Grant further extensions if the owner/landlord can provide evidence that the delay is beyond the owner's or agent's control and/or provide evidence of a contract for services to abate the violation within a reasonable time in which a definite completion schedule is provided along with a detailed work plan indicating the scope of work.

b.

Assess additional fees as prescribed in the adopted fee schedule.

c.

Contact the various utility companies or city departments to have the utilities disconnected to the individual dwelling unit or to the entire structure if necessary to ensure the safety of the tenants or the public.

d.

If an imminent danger exists to the tenants of a dwelling unit, adjacent units, or the entire building the landlord/owner may be ordered to vacate portions of the building or the entire structure as determined by the building official or fire marshal until the violation is abated.

e.

Refer the unsafe, dangerous, or substandard structure to the buildings and standards commission for adjudication.

f.

File a complaint through the city attorney's office or otherwise cause a civil suit to be brought against the owner for injunctive relief and/or the assessment of civil penalties.

(2)

Certificates of inspection/occupancy.

a.

Initial certificate of inspection. Every dwelling unit located within an existing multifamily apartment complex (three or more dwelling units) located in the City of Terrell as of the effective date of this ordinance [Ord. No. 2385] shall be required to be inspected prior to December 31, 2009, in order to obtain an initial certificate of inspection which will be valid for one year from the date of issue. No certificate shall be issued for a dwelling unit which has any code violations which have not been corrected.

b.

Certificate of inspection. A certificate of inspection shall be issued to the landlord/owner (or their designated agent) after the unit has been determined to meet all the minimum standards as set forth herein. Said certificate shall have the issue date, unit address, inspector's signature and expiration date.

c.

Annual renewal of certificate of inspection required. Every dwelling unit receiving a valid initial Certificate of Inspection in calendar year 2009 shall be required to be inspected once a year thereafter in order to renew the certificate. The annual inspection shall occur within 30 days of the anniversary date of the issue date of the certificate in order to facilitate an orderly inspection schedule by the city and to ensure compliance with this ordinance [Ord. No. 2385]. Failure to renew the certificate within 30 days of its expiration date may result in revocation of the certificate, assessment of extra fees as stated in the fee schedule, or subject the owner to other remedies as listed herein. No certificate shall be renewed for a dwelling unit which has any code violations which have not been corrected.

d.

New multifamily construction. All newly constructed multifamily units will obtain an initial certificate of occupancy (C.O.) upon completion of construction and passing a final building permit inspection and will also receive a certificate of inspection which will remain valid for the remainder of the calendar year in which the units were constructed plus all of the following calendar year after which time the units will be required to receive annual inspections in accordance with this ordinance [Ord. No. 2385].

e.

HUD subsidized units. Any multifamily dwelling unit that is occupied by a tenant who is receiving housing assistance through the Terrell Department of Housing and HUD which is subject to an annual HUD required inspection shall receive a certificate of inspection after having passed the HUD inspection. Any dwelling unit receiving a HUD inspection will be exempt from the requirement for a city-initiated inspection during the same calendar year and the fee for the certificate shall be waived. However, if the city-initiated inspection is conducted prior to a subsidized tenant occupying a dwelling unit and the certificate has already been issued, this does not exempt the unit from the required HUD annual inspection which is a federal mandate. Other state or federal mandated inspections which require dwelling units to meet or exceed the minimum standards as required in this ordinance [Ord. No. 2385] shall be similarly credited towards a certificate of inspection upon delivery of bona fide documentation to the city.

f.

Revocation of a certificate of inspection. Upon failure to comply with the provisions of this ordinance [Ord. No. 2385] by December 31, 2009, or if the owner of a multifamily apartment complex fails to remedy or abate violations of this ordinance after proper notice of violations has been given, the certificate of inspection for a dwelling unit may be revoked by the building official. Notice of revocation of the certificate shall be given to the tenant (if occupied) and landlord/owner of record by personal delivery, U.S. Postal Service certified mail return receipt requested on or before the tenth day prior to having utilities disconnected. If the U.S. Postal Service returns the notice as "refused" or "unclaimed" the validity of the notice is not affected, and the notice is considered delivered. Revocation of the certificate of inspection may also result in the ultimate revocation of the entire structure's certificate of occupancy, additional fees, penalties or civil action being initiated by the city.

g.

Emergency revocation of a certificate of occupancy (C.O.). If an occupied dwelling unit(s) or building is found to have such extreme hazards as to pose such imminent danger to the tenants or public at large as to render the unit(s) or building unsafe for human habitation, the building official shall have the authority to immediately revoke the C.O. and order the building, structure or dwelling unit(s) to be vacated until said hazards are abated or remedied.

h.

Reinstatement of the inspection certificate/certificate of occupancy. The suspended certificate may be reinstated or reissued by the building official upon verification of compliance with the violation notice and payment of a double fee on written request by the owner/landlord.

i.

Temporary certificate. A temporary certificate may be issued for the purpose of having the necessary utilities connected for repairs or construction work to be accomplished.

j.

Fees. Fees for a certificate of inspection shall be according to the Fee Schedule Ordinance 2374 as adopted or amended.

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