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O-2280-4-04ORDINANCE NO. 2280.4-04 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 6 "HEALTH AND ENVIRONMENT - BY ADDING ARTICLE VI ESTABLISHING A MULTI -FAMILY LICENSING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Allen, Texas, currently has no regulations that address the maintenance and safety concerns within multi -family dwelling complexes within the City; and, WHEREAS, the City finds it necessary to adopt a multi -family licensing ordinance to establish minimum standards for multi -family dwelling complexes within the City; and, WHEREAS, the City Council finds that this ordinance addresses the minimum standards to safeguard the health, safety and welfare within multi -family dwelling complexes; and, WHEREAS, the City Council further finds that this ordinance is in the best interest of the City and will provide the public health, safety and welfare of the citizens of Allen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by amending Chapter 6, in part, to add Article VI establishing a multi -family licensing ordinance to read as follows: "DIVISION 1. IN GENERAL Sec. 6-131. Title These regulations shall be known as the "Multi -Family Licensing Ordinance," may be cited as such, and will be referred to herein as `this code." Sec. 6-132. Purpose The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use, occupancy and maintenance of dwellings located within a multi -family dwelling complex through licensing. Sec. 6-133. Definitions For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the International Codes. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words in the ' singular include the plural, and the plural the singular. Words in the masculine include the feminine, and the feminine the masculine. Apartment Complex License. License issued by the Chief Building Official pursuant to this ordinance and referred to as "License" in this ordinance. Bedroom. Room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway. ' Chief Building Official. The administrative official charged with the responsibility of issuing permits and enforcing the zoning and building ordinances. City. City of Allen Dwelling Unit. A structure, or that part of a structure, which is used as a home, residence, or sleeping place by one or more persons maintaining a common household to the exclusion of all others. Electrical Code. The National Electrical Code; the edition of which is referenced by the most current Allen land Development Code. 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. International Codes. The International Building, Fire, Residential, Mechanical, Plumbing, Energy and Fuel Gas Codes as promulgated by the International Code Council; the editions of which are referenced by the most current Allen Land Development Code. Multiple Family Dwelling Complex. Referred to as an apartment complex in the body of the ordinance. Any building or portion thereof which is rented or leased to be occupied for compensation as three (3) or more dwelling units. ' Owner. A person claiming, or in whom is vested, the ownership, dominion or title of real property, including but not limited to: 1. Holder of fee simple title; 2. Halder of life estate; 3. Holder of leasehold estate for an initial term of five (5) years or more; 4. A buyer in contract for deed; 5. A mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate or tenancy for an initial term of less than five (5) years. Person. Includes an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or community entity. Premises. A lot, plot or parcel of land, including any structure thereon, and furthermore, 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. Property Manager. A person who for compensation has managing control of a multi -family dwelling complex for the owner. Resident Manager. A property manager or agent of a property manager who resides in the multi- family dwelling complex. Single Location. Property held in common ownership that is compact and contiguous property ' separated only by public streets. Tenant. Any person who occupies a dwelling unit for living or dwelling purposes with the consent of the landlord. Ordinance No. 2280-4-04, Page 2 DIVISION 2. LICENSE ' Sec. 6-134. License Required It shall be unlawful for any person to own, operate, manage or maintain an apartment complex in the City without a current and valid License as described herein, having been issued for said apartment complex. Any person owning, operating, managing or maintaining an apartment complex at more than one (1) location shall obtain a License for each separate location. However, apartment complexes to which a certificate of occupancy has been issued within the past five (5) years for original construction shall he exempt from this license requirement. Sec. 6135. License Application, Renewal and Expiration (a) An applicant for a License shall file with the Chief Building Official a written application upon a form provided for that purpose which shall be signed by the owner, or his agent. Should an applicant own an apartment complex at more than one (1) location, a separate application shall be filed for each location. The following information shall be required in the application: Name, address, telephone number of owner, property manager, resident manager, Trade name of apartment complex; number of dwelling units broken down as to number of efficiencies, one - bedroom, two-bedroom and three-bedroom; acknowledgement of receipt of copy of "Multi -Family Licensing Ordinance" and agreement to abide by same as a condition to receiving and maintaining a License. (b) All Licenses expire the 31 ' day of December of each year. I(c) The Chief Building Official may, at any time, require additional relevant information of the owner or property manager to clarify items on the application. (d) Upon changing ownership of the apartment complex, a new License shall be obtained within thirty (30) days of the change with the fee charged for the change on a prorated basis. The owner shall notify the City within thirty (30) days of the change of ownership, property manager or resident manager. Sec. 6136. License Fees The annual fee for a License shall be established by resolution of the City Council. No fee shall be assessed when the annual initial inspection, or re -inspection within (30) days of the initial inspection, results in a score of 80% or above. Sec. 6137. License Display and Transferability (a) Each License issued pursuant to this ordinance shall be posted and displayed in the apartment complex office in a conspicuous location to which tenants have access. (b) An apartment complex License is not assignable or transferable. (c) The form of the License shall be prepared by the Building Official. ' Sec. 6138. License Standards (a) Continued maintenance and observance of the standards contained in this Section are conditions that shall be complied with in order to retain a License and to obtain any renewal of a License. Ordinance No. 2280-4-04, Page 3 (b) It shall be unlawful for any person to permit or allow more than one (1) family to reside in any apartment complex dwelling unit. (c) All City building, electrical, plumbing, health, zoning and other applicable ordinances including the Property Maintenance Code, shall be complied with at all times. (d) The maximum number of persons per dwelling unit density in an apartment complex is as follows: I. The maximum number of adults that a landlord may allow to occupy a dwelling is three (3) times the number of bedrooms in the dwelling. Adult shall mean an individual eighteen (18) years of age or older. 2. The landlord may allow a higher occupancy rate if required by a state or federal housing law. 3. Licensee shall keep records indicating all tenants in each unit and head of household. Records shall be available for review by the Chief Building Official during regular working hours upon receipt of reasonable notice. 4. An owner shall not be prohibited from establishing a more restrictive density for each dwelling unit within his apartment complex. Sec. 6139. Inspections, Re -Inspections and Certificate of Occupancy (a) The owner, resident manager, and property manager, as a condition to the issuance of the License required by this ordinance, shall consent and agree to permit and allow the Chief Building Official to make the following inspections of the apartment complex when and as needed to ensure compliance with this ordinance, but not less than once per calendar year. (1) Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the owner, resident or property manager. (2) Right and access to inspect all unoccupied dwelling units (3) Right and access to inspect occupied dwelling units if the permission of the owner, occupant or person in control is given. (b) The Chief Building Official may enforce the provisions of this ordinance and upon presentation of proper identification and notification to the property manager or resident manager may enter, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the Chief Building Official may enter the aforementioned dwellings at any time. Whenever the Chief Building Official is denied admission to inspect any premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. (c) Certificate of Occupancy. Failure to comply with the terms of this ordinance after receipt of written ' notice of violation from the Chief Building Official setting out the violation and time to rectify such may result in revocation of the Certificate of Occupancy and/or License issued under this ordinance. Ordinance No. 2280-404, Page 4 (d) Reinstatement. Any person requesting a reinstatement or re -issuance of the Certificate of Occupancy shall be required to apply for and receive a new License issued under this ordinance as a condition ' precedent to the re -issuance or reinstatement of the Certificate of Occupancy. Sec. 6-140. Appeals (a) The owner, resident or property manager of such property may appeal any decision or order of the Chief Building Official to the City Manager of the City of Allen, by filing at the Office of the City Manager, within five (5) working days (Monday through Friday) of such decision or order, a written appeal to the City Manager on a form supplied by the City Manager. (b) Within five (5) business days after receiving the written appeal, the City Manager shall fix a date, time and place of the hearing of the appeal by the City Manager. Written notice of such date, time and place of the hearing shall be given to each appellant by the City Manager, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the written appeal. Sea 6-141— 6-160. Reserved." SECTION 2. 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 3. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the ' provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4. Any person, firm or corporation violating any of the provisions of this Ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such case provide; and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 27'rr DAY OF APRIL, 2004. APPROVED: nx Stephen rrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY TTORNEY SYiel ey B. Geo TRMC, C ECRETARY Ordinance No. 2280-4-04, Page 5