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O-3869-10-21 ORDINANCE NO.3869-10-21 - AN ORDINANCE OF THE CITY COUNCIL OF'THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,ARTICLE VI, "MULTI-FAMILY LICENSING"; BY AMENDING THE LICENSE AND INSPECTION REGULATIONS FOR MULTI-FAMILY COMPLEXES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000)FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,THAT: SECTION 1. Chapter 6,Article VI of the Code of Ordinances of the City of Allen,Texas,is amended to read as follows: "ARTICLE VI.—MULTI-FAMILY LICENSING Sec.6-131. Title. These regulations shall be known as the"Multi-Family Licensing and Inspection Ordinance,"and may be cited as such. Sec.6-132.-Purpose. The purpose of this article is to safeguard the life,health, safety,welfare, and property of the occupants of multi-family dwelling complexes and the general public,by developing a process to enforce City building code standards and City property maintenance codes;and to provide equitable and practical remedies for the violation of City building code standards and City property maintenance codes. Sec.6-133.-Definitions. For the purpose of this article,the terms,words, or phrases shall have the meanings given herein. Bedroom. Any room or space used or intended to be used for sleeping purposes. Building official. The official or other designated authority charged with the administration and enforcement of the City building code. City. City of Allen. City manager. City manager or designee. Common area. Communal areas of the multi-family dwelling complex,.including but not limited-to hallways, stairways, lobby areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots. Director. The official, or designee, charged with the administration and enforcement of this article by the city manager. Dwelling unit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for not more than one family, and including facilities for food preparation, sleeping, and sanitation. Family. A number of individuals living together as a single housekeeping unit,in which not more than four (4)individuals are unrelated by blood,marriage, or adoption. Multi family complex license. License issued by the City pursuant to this article. Multi family dwelling complex. Any building or portion thereof which is designed, built, rented, leased which contains three (3) or more dwelling units or apartments, including age restricted'senior living facilities which are not licensed and inspected by the State.The term shall not include hotels,motels,or owner-occupied dwelling units. Owner. Any person, partnership, corporation, or other legal entity having a legal or equitable title to the property. Person. An individual,corporation,partnership, or any other legal entity. Premises. A lot, plot, or parcel of land, including any structure thereon, including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area of facility whose use is promised to the tenant. Tenant. Any person who occupies a dwelling unit for living or dwelling purposes with the consent of the landlord. Sec. 6-134.—Applicability and administration. (a) This article shall apply to all multi-family complexes located in the city with three(3)or more dwelling units and which are more than one(1)year old measured from the date of the issuance of the certificate of occupancy for the original construction of such multi-family complex. (b) The director is authorized to administer and enforce the provisions of this article. Sec.6-135.-License required. (a) It shall be unlawful for any person to own, operate, or manage a multi-family complex in the City without a current and valid license having been issued for said multi-family complex.Any person who owns, operates, or manages managing a multi-family complex at more than one (1) location shall obtain a license for each multi-family complex. A multi-family complex for which the initial certificate of occupancy has been issued for the original construction thereof shall be exempt from this license requirement for a period of one year from the date of issuance of the certificate of occupancy. (b) A license issued pursuant to this Article is not assignable or transferable. • Ordinance No.3869-10-21,Page 2 Sec. 6-136.-License application,renewal,and expiration. (a) Any person who owns,operates,or manages a multi-family dwelling complex shall file a city-supplied application for a licensee with the director for each multi-family dwelling complex location. The application shall include the following information: (1) Name, address,telephone number of the owner, operator, and the property manager. (2) Trade name of the multi-family complex. (3) Number of dwelling units broken down by bedroom configurations including efficiencies, one- bedroom,two-bedroom,three-bedroom,etc. (4) Emergency contact information including the names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number at which said persons can be contacted during any twenty-four-hour period. Emergency conditions include but are not limited to fire, natural disaster, flood, collapse hazard, burst pipes, crime or similar events or conditions. (5)The application shall be signed by the owner,operator, or manager of the multi-family complex. (b) The licenses shall expire on December 31, of each calendar year and shall be renewed annually. Any newly constructed multi-family complex applying for an initial license shall submit a license application within the one year after date of issuance of the certificate of occupancy for original construction of the multi-family complex. (c) The director may from time to time revise the license application form and require additional information. (d) The director may at any time, require the applicant to submit additional information to clarify the application. (e) If there is a change in ownership of a multi-family complex,the owner,operator,or manager is required to submit a new license application and obtain a new license within thirty (30) days after the date of change in ownership with no license fee charged for such change. The owner or manager shall notify the City within thirty(30)days after the date of the change of ownership. (f) The license application shall be accompanied by the applicable license fee. Sec.6-137.-License fee. Each applicant for a license for a multi-family dwelling complex, or for the renewal of a license, shall at the time of submittal of the application pay an annual license fee in an amount established by resolution of the city council from time to time. Sec.6-138.-License suspension, denial,and revocation. (a) The director may suspend, revoke, or deny a license for failure to comply with any of the terms or provisions of this article. (b) A license may be denied,suspended,or revoked if the applicant provides or has provided an incomplete application, false or misleading information in the license application. Ordinance No.3869-10-21,Page 3 (c) A license may be suspended or revoked for failure of the owner, manager, or designee to attend the annual training required by this article. (d) Whenever a license is suspended or revoked, the holder of the license shall be notified in writing that the license is, upon delivery of the notice, immediately suspended or revoked. The suspension or revocation shall continue until the director determines that the multi-family complex is in compliance with this article, or a license has been reinstated. Suspension of, or revocation of a license shall not preclude the director from taking other enforcement action authorized by law. (e) The director may,without advance notice,suspend the license of a multi-family complex if the complex is found to have one or more violations that constitutes an imminent hazard to public health or safety. (f) While the license is under suspension, or if application has been denied, or if the license has been revoked the owner, operator or manager may not allow any new tenants to occupy any dwelling unit in the multi-family complex until the multi-family complex is in compliance with this article as determined by the director,or a license has been issued or reinstated. (g) The applicant for,or holder of a license may appeal the denial,suspension,or revocation of the license to the city manager, by submitting a written appeal stating the reasons for such appeal to the office of the city manager, within five (5) business days after receipt of notice of such denial, suspension, or revocation. (h) Within five (5) business days after receipt of an appeal, the city manager shall set a date, time, and place for the hearing of the appeal and deliver written notice thereof to such person in accordance with this article. (i) A notice required to be provided or delivered by the City pursuant to this article is deemed to have been delivered by the City on the date that it is hand delivered, or three (3) days after the date the notice is sent by first class mail United States mail postage prepaid addressed to the person provided in the appeal or license application for the license. Sec.6-139.—Owner,Operator and Manager Responsibilities. (a) The owner,operator,and manager of a multi-family complex shall maintain the structures and premises in compliance with the requirements established by this article and applicable City codes and ordinances. The owner, operator, and manager of a multi-family complex shall not permit a person to occupy, nor may a person occupy or permit another person to occupy any dwelling unit in a multi- family complex which is not in a sanitary and safe condition, and Which does not comply with the requirements of this article or City code and ordinances. (b) At the time each tenant signs a lease for a dwelling unit in a multi-family complex the owner,operator or manager thereof shall provide to the tenant the following information: (1) Multi-Family Program summary as provided by the city. (2) List of City and community contacts for services. (3) State and Federal Fair housing information and as may be provided by City. (4) Any additional information as may be provided by the City. Ordinance No.3869-10-21,Page 4 (c) Once each calendar year the owner, manager, or a designated representative, for each licensed multi- family complex shall attend training on City code requirements and crime prevention as established by the Director, from time to time. (d) The owner,operator,or manager of a multi-family complex shall inspect each dwelling unit in a multi- family complex prior to leasing such dwelling unit and shall comply with the following: (1) The inspection of a dwelling unit shall be conducted by the owner, operator, or manager and with the tenant when the occupancy of the dwelling unit changes,and at a minimum each dwelling unit shall be inspected at least once each calendar year. (2) The owner, operator, or manager shall prepare a written inspection report for each inspection and shall provide the tenant with a copy of such inspection report. The owner, operator, or manager shall maintain copies of such inspection reports on the premises of the multi-family complex and shall make such inspection reports available to the director for inspection upon request. The inspection reports shall be maintained by the owner, operator, or manager for a minimum of three (3)years following the date of each such inspection. (e) The owner, operator, or manager of a multi-family complex shall inspect the community rooms, common areas and grounds of the multi-family complex at least once each calendar year and prepare a written inspect report for each such inspection. Such inspection reports shall note and identify any safety and maintenance issues. Such inspection reports shall be maintained by the owner, operator, or manager for a minimum of three (3) years following the date of each such inspection, and shall make them available to the director for inspection upon request. Sec. 6-140.—Required postings. Each licensed multi-family dwelling complex shall have prominently displayed in the front lobby/reception area or, for those premises without a front lobby/reception area,a conspicuous,publicly accessible area on the premises of the multi-family complex visible to the public the following: (a) Current and valid license certificate. (b) Signs displaying a telephone number at which emergency conditions can be reported during any twenty- four(24)hour period. (c) Sign stating, "TO REPORT UNRESOLVED VIOLATIONS OF THE CITY'S PROPERTY MAINTENANCE CODE FOR THESE PREMISES, PLEASE CONTACT THE CITY OF ALLEN CODE COMPLIANCE DIVISION." Sec. 6-141.—Inspections and Re-Inspections. (a) To determine compliance with City building and property maintenance standards in accordance with applicable City codes and ordinances, and to determine compliance with this article,the director may conduct: (1) Periodic inspections; (2) Follow-up inspections; and Ordinance No.3869-10-21,Page 5 (3) Inspections based on indications of City code or ordinance violations, including complaints filed with the City or the director. (b) The following areas of a multi-family dwelling complex shall be subject to periodic inspection by the director: (1) All building exteriors; (2) All exterior and interior common areas; (3) All mechanical,maintenance, storage and equipment rooms and closets; (4) Vacant dwelling units; (5) Occupied dwelling units upon receipt of consent by the tenant of the dwelling unit or as may be provided by law. (c) The director and or the building official may inspect portions of a multi-family dwelling complex as frequently as the director or building official deems necessary. (d) The owner, operator, or manager of a multi-family dwelling complex shall make all exterior, interior, and exterior public areas, and vacant dwelling units of the multi-family complex available to the director for inspections at all reasonable times. If entry is refused or not obtained the director is authorized to seek a warrant as allowed by law. (e) The owner,operator,or manager shall be provided a copy of City inspection reports,including a list of any City code or ordinance violations or deficiencies requiring correction and a timeframe for correction of such violations or deficiencies. The owner, operator, or manager shall correct such violations or deficiencies identified in the inspection report within the timeframe established by the director or the City. Failure to correct such violations or deficiencies may result in additional enforcement actions including,but not limited to the suspension or revocation of the license. Sec.6-142.—Inspection standards. - (a) This article is intended to complement the requirements of other applicable City code and ordinances and shall not be deemed to lower any more restrictive standards required by City codes and ordinances. (b) Multi-family complexes shall comply with all applicable City codes and ordinances. (c) It shall be unlawful for any person to permit or allow more than one (1) family to reside in any multi- family complex dwelling unit. 'The owner, operator, or manager shall maintain records identifying the number of occupants of each dwelling unit and make such records available to the director for review and inspection. - Sec.6-143.—Offenses. (a) It shall be unlawful for any person to violate any provision of this article. (b) A person commits an,offense if the person owns, operates or manages, or causes to operated, a multi- family complex without a current valid license issued by the director,or while the license is suspended. Ordinance No.3869-10-21,Page 6 (c) A person commits an offense if the person owns, operates, or manages, or causes to operated, a multi- family complex which is in violation of City codes or ordinances. (d) A person commits an offense if such person submits a license application that contains false or misleading information. (e) A person commits an offense if the person owns, operates, or manages, or causes to operated, a multi- family complex and the owner or manager, or designee for such multifamily complex has failed to attend the annual training as required by this article. (f) A person commits an offense if the person owns, operates, or manages, or causes to operated, a multi- family complex and rents, leases, advertises or holds out for rent, any multi-family complex without a current valid license having been issued for such premises. Sec.6-144.-Penalties. (a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense; and each day such violation continues to exist, shall constitute a separate offense. (b) In addition to the penalties of this article,the City is authorized to file suit for injunctive relief as may be necessary to enforce the provisions of this article." SECTION 2. All ordinances of the City 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. Should any word,sentence,paragraph, subdivision,clause,phrase,or section of this ordinance or of the Code of Ordinances, as amended hereby,be adjudged or held to be void or unconstitutional,the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances,as amended hereby,which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 5. Any person,firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances 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 6. This ordinance shall take effect immediately from and after its passage and publication of the caption as the law and charter may require. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,ON THIS THE 26TH DAY OF OCTOBER 2021. TijbariiVED: th M.Fulk,MA OR Ordinance No.3869-10-21,Page 7 APPROVED AS TO FORM: ATTEST: 0&- Peter G. Smith,CIT ATTORNEY /1' Shelley E.Georg RMC, CITY SECRETARY (PGS:10-21-21:TM.125534) -• Ordinance No.3869-10-21,Page 8