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HomeMy WebLinkAboutO-1581-2-98ORDINANCE NO. 1581-2-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PROPERTY MAINTENANCE ORDINANCE NO. 1429-5-%, SO AS TO INCLUDE A NEW SECTION 7, MULTI-FAMH,Y REQUIREMENTS AS SHOWN IN EXHIBIT "A" ATTACHED HERETO; TO RENUMBER THE EXISTING SECTIONS 7 THROUGH 11 ACCORDINGLY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN EMERGENCY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, housing conditions, repair and maintenance, and environmental conditions must be continuously monitored so as to not create slums and blight; and, WHEREAS, surveys have been conducted of surounding cities which have shown there is a need for specific requirements to monitor multi -family development within the City; and, WHEREAS, the City Council has conducted continuing studies of Property Maintenance Ordinance No. 1429-5-96; and, WHEREAS, the City Council, after careful study, finds that it is in the best interest of the City of Allen and its citizens to amend Property Maintenance Ordinance No. 1429-5-96 to include a new Section 7, Multi- family Requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, ' TEXAS: SECTION 1. That Property Maintenance Ordinance No. 1429-5-96 of the City of Allen, Texas, be and the same is hereby amended by adding a new Section 7, Multi -family Requirements, as shown in Exhibit "A" attached hereto and made a part hereof for all purposes, and to renumber the existing Sections 7 through 11 accordingly. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 4. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. E E SECTION 5. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,ONTHE 19TIDAYOFFEBRUARx1998. APPROVED AS TO FORM: A. Don Crowder, CITY ATTORNEY APPROVED: Stephen Terrell, MAYOR ATTEST: J y Mor son, CMC, CITY SECRETARY Ordinance No. 1581-2-98 Page2 ERIMIT "A^ ORDINANCE NO. 1581-2-98 SECTION 7: MULTI-FAMH,Y RESIDENTIAL RESPONSIBILITY - IT SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER, THE PROPERTY MANAGEMENT FIRM, LANDLORD, OR APARTMENT MANAGER, TO MAINTAIN MULTI -FAMILY PROPERTY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. A. STRUCTURE - All installed systems, including, but not limited to plumbing, electrical, heating, air conditioning shall be maintained in a structurally sound and operative condition. The following items shall also be maintained by the responsible party: 1. Window panes and screens shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude min, moisture, and insects as completely as possible from entering the dwelling or structure. 2. Railings for stairs, steps, balconies, porches, and elsewhere as specified in the Building Code in effect at time of construction of the building. They shall be kept in sound repair, and their exterior surface materials shall be maintained weatherproof and shall be surface coated or protected as required to prevent deterioration. ' 3. The exterior doors, door hinges, and door latches of every habitable structure shall be maintained in good condition. Door locks in exterior doors of dwelling units shall be maintained in good repair and capable of tightly securing the door. 4. Parking lots, fire lanes, and required paved areas with legible parking and fire lane markings in accordance with City ordinances. 5. Swimming pools and fences shall be maintained in accordance with Section 5, Paragraph L of this ordinance. 6. Decorative features, such as cornices, entablatures, belt courses, corbels, term cotta trim, wall facings of every structure shall be maintained in good repair with proper anchorage and in a safe condition. 7. All exterior attachments, such as canopies, marquees, signs, awnings, stairways, fire escapes, standpipes, rain gutters, exhaust ducts and similar overhang extensions attached to a structure shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition, and their exterior surface materials shall be maintained weatherproof and shall be surface coated or protected as required to prevent deterioration. 8. Burglar bars shall comply with requirements of the building code and other ' codes or ordinances of the City. Burglar bars on windows of bedrooms of residential structures shall be constructed and maintained in such a way so as to be operable and openable from the interior of the residence without use of a key or special knowledge or effort. I9. Garage doors shall be capable of being closed reasonable plumb, and shall be kept in sound condition and good repair. B. MAINTENANCE - The responsible party shall: 1. Paint, waterproof, and repair the structure to prevent deterioration due to the elements. Conditions requiring repair include but are not limited to loose siding with holes, excessive cracks, or rotted boards which may permit air or water to penetrate rooms; loose roof covering; holes or leaks in the roof which may cause damage to the structure or rooms; and rotting, sagging, or deteriorating supports for steps, stairs, or porches. The exterior of all buildings, including roofs, shall be maintained to such an extent as to be free of rot, decay or deformity. 2. Repair holes, cracks, and other defects in stairs, railings, porches, steps, and balconies that may cause injury to a person. 3. Eliminate holes, excavations, sharp protrusions, and any other object or condition on the property which may cause injury to a person. 4. Provide drainage to prevent standing and stagnant water on the premises. No filling, excavation or other improvement shall be performed or constructed on any property which will have an adverse effect on an existing drainage pattern on an adjacent property. Any accumulation of stagnant water permitted or ' maintained on any lot or piece of ground. 5. Erosion Control - All unpaved areas shall be maintained with grass, ground cover, or other type of landscaping to such an extent that the soil, when wet, will not be picked up and spread to sidewalks or adjacent private or public property and is not subject to erosion during rains. 6. Retaining Walls - All retaining walls shall be maintained in good condition. 7. Remove trees and tree limbs, in accordance with Tree Removal Section of Comprehensive Zoning Ordinance No. 1425-5-96, that are reasonably capable of damaging a structure or that are reasonably capable of causing injury to a person. 8. Completely secure all vacant or unoccupied dwelling units from unauthorized entry. 9. Provide and maintain on each building, and on the property, street address numbers, including unit numbers, and any additional signage as required by City of Allen Code of Ordinances, Section 5-25. ' 10. Maintain in compliance with all applicable ordinances property screening fences and all other fences. 11. The exterior property areas shall be maintained in a clean, safe, and sanitary condition. 12. Sidewalks and public walks shall be kept free of mud, debris, frozen precipitation or other obstruction that would impair or prevent their use. 13. Chimneys, antennas, towers, stacks, satellite dishes, and similar structures must be maintained structurally sound, free of deterioration, and firmly secured. 14. Fences: a. All fences shall be maintained reasonable plumb and structurally sound. Each structural and decorative member of a fence shall be free of deterioration and be compatible in size, material, and appearance with the remainder of the fence. b. A fence that has deteriorated to a condition that is likely to fall shall be repaired or replaced. C. Fences shall not be externally braced in lieu of replacing or repairing posts, columns, or other structural members. d. Any fence repair, alteration or modification most comply with all City of Allen ordinances. C. NUISANCES - The following items shall be deemed to be a nuisance and not allowed: 1. Noxious weeds and other rank vegetation. The regulations of high weeds and grass as contained in Section 5, Paragraph G, shall be adhered to. 2. Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber, or other things. 3. Any condition which provides harborage for rats, mice, snakes, and other vermin. 4. Any buildings or other structure which is in such a dilapidated or damaged condition that it is unfit for human habitation, does not serve its original intended function, or is kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. 5. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches. 6. Any building, structure, or other place or location where any activity which is in ' violation of local, state, or federal law is conducted, performed, or maintained. 8. Dense smoke, noxious fumes, gas, soot, or cinders, in unreasonable quantities. 9. Any portion of a building or structure that remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period of excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 10. Glare - Exterior lights placed on erected on private property shall be shielded, placed or erected so as not to create a traffic hazard or a public nuisance, and shall be erected so as to not produce direct illumination across the bounding property line. 11. The regulations of animals as contained in Section 5, Paragraph H, shall be adhered to. D. SOLID WASTE The responsible party shall provide solid waste receptacles or containers as required by the approved site plan, and the regulations of Section 5, Paragraph O shall be adhered to. 2. The shared or common areas of the premises shall be maintained in a clean and sanitary condition. 3. The premises shall be kept clean of all abandoned items such as abandoned ' motor vehicles, i.e. boxes, refrigerators, stoves, glass, building materials, building rubbish or similar items. E. BURNED STRUCTURE Whenever any building or structure within the multi -family complex is partially burned, the responsible party shall, within thirty (30) days, remove from the premises all refuse, debris, charred and partially burned lumber and material. Such thirty (30) days shall begin after the Fire Marshal has advised that the investigation is complete. If such building or structure shall be burned to such an extent that it is rendered incapable of being repaired, the owner or person in control shall, within sixty (60) days, remove from the premises all the remaining portion of the building or structure. Such sixty (60) days shall begin after the Fire Marshal has advised that the investigation is complete. If the building or structure is to be repaired, work shall begin within sixty (60) days and progressively be completed in 120 days. F. PARKING AND STORAGE OF VEHICLES 1. It shall be unlawful for the owner, occupant, or person in charge of property zoned for multi -family uses to permit the parking, standing, or storing of automobiles, buses, trucks, tractors, motorhomes, motorcycles, mopeds, farm machinery, all -terrain vehicles, boats, aircraft, recreational vehicles, golf carts, . go carts, trailers, campers, camper shells, wheeled towing frames, semi -tractor ' trailers, truck beds mounted on chassis, mobile homes, all vehicles motorized and non -motorized, within the front yard of the complex. Vehicles must be wholly parked or stored within the screened wall area, not block public walks, be ' in a good state of repair, maintained in such condition as not to be unsightly, and parked or stored in a safe manner, so as to protect the health and safety of all persons. 2. Inoperable and/or dismantled vehicles shall be regulated by the Abandoned Vehicle section of the Code of Ordinance (Chapter 9, Article )UI). G. ABATEMENT 1. Notice of violation and abatement of nuisances shall be in accordance with Section 8 of this Property Maintenance Ordinance.