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Glenn Heights City Zoning Code

CHAPTER 50

BUILDINGS AND CONSTRUCTION

Sec. 50-1. - Building inspector.

(a)

Position established; appointment; compensation. The city council has created the position of building inspector. The building inspector shall be appointed by the city manager. The building inspector may receive such financial compensation as may be tendered by the city.

(b)

Duties and authority. The building inspector is authorized and directed to administer the building code, plumbing code, electrical code, housing code, zoning regulations, and such other codes and ordinances as the council may from time to time specify. The building inspector shall have such powers as may be necessary in the interest of public health, safety, and general welfare to interpret and implement the provisions of city codes and ordinances and shall have the authority to enter any building or premises within the city for the purpose of inspection or for the prevention of violations thereof.

(c)

Liability. The building inspector shall not be personally liable while acting for the city, and the inspector is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of the inspector's official duties.

(Code 1996, §§ 3.02.001—3.02.005)

Sec. 50-2. - Fees.

All fees authorized under this chapter shall be in the amount provided in the city fee schedule.

(Code 1996, § 3.03.001)

Sec. 50-3. - Appeals.

The board of adjustment shall hear and determine all appeals arising under the construction codes adopted in this chapter.

(Code 1996, § 3.03.002)

Sec. 50-4. - Building permits.

(a)

Conditions for issuance. No building permit shall be issued under this chapter unless the improvements set forth and described in the application for a permit demonstrate that the improvements shall comply with all applicable regulations of the city, including, but not limited to, those regulating housing standards, zoning, building, plumbing, development of additions or subdivisions, and electrical installations.

(b)

Removal of buildings in violation. Structures erected without first obtaining a building permit or erected in violation of this Code shall be removed.

(c)

Penalty. In addition to any remedial action or abatement procedure contained in the building code adopted in this chapter, any person violating any provisions thereof shall be punished as provided for in section 1-9. Each day of continuance of a violation shall constitute a distinct and separate offense.

(Code 1996, §§ 3.04.003—3.04.005)

Sec. 50-91. - Fence construction.

(a)

Permit required. It is unlawful for any person to construct a fence over 2½ feet in height on any lot without having first obtained a fence permit therefor from the building inspection department. Adequate plans and specifications, as determined by the building official, must accompany each application for a permit as described hereafter. This article shall apply to all persons constructing any such fence, regardless of whether acting as owner, agent, or contractor.

(b)

Permit application. Any person desiring to obtain the issuance of a fence permit shall submit application to the city building inspection department together with the appropriate permit fee.

(c)

Location and height restrictions. Fencing shall be in compliance with the following location and height restrictions:

(1)

No fence shall exceed eight feet in height on any residential lot;

(2)

No fence or any part of any fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a vertical plane so as not to overhang public property;

(3)

No fence shall be constructed on any platted residential lot which shall obstruct the right-of-way of any public street within the city;

(4)

No fence shall be constructed which will extend further than the front building line of any building on the right-of-way of any public road on any platted lot within the city;

(5)

Any fence located within any public easement shall be subject to removal upon request of those agencies having an interest in such easement;

(6)

No fences shall be constructed or maintained within such distances of the intersections of public streets or at such elevations as to obstruct a motorist's view of oncoming traffic within 50 feet of such intersection.

(d)

Materials. Materials permitted for fence construction shall be wood, masonry, chain link or other metal suitable for the construction of fences as determined by the building inspector. The use of barbed wire, razor ribbon, sheet metal, plastics or similar material are prohibited, except that barbed wire is permitted in rear and side yards of industrial zoned districts if the barbed wire strands are at least six feet above ground level and located a minimum of 300 feet from any residential district.

(Code 1996, §§ 3.16.001—3.16.004)

Sec. 50-92. - Green building program standards.

(a)

Program established. The city has established within the city an energy conservation program to be known as the green building program. The green building program sets forth the minimum standards for energy efficiency, water conservation, indoor air quality, and waste recycling for all single-family residential buildings platted after November 30, 2001 (minimum standards), as provided in this section.

(b)

Energy efficiency standard. The minimum standard for energy efficiency of single-family residential structures shall be the Environmental Protection Agency's Energy Star designation as it currently stands or may be amended.

(c)

Water conservation standard. The minimum standards for water conservation are as follows:

(1)

A drought-tolerant landscaping option for homebuyers (turf and plants) must be provided;

(2)

Information in models concerning the benefits of xeriscaping and water conservation practices must be provided;

(3)

If bedding areas are installed, they must be mulched (recycled-content mulch or compost);

(4)

If an irrigation system is installed, it must include a rain and freeze sensor, installed to manufacturer's specifications;

(5)

If an irrigation system is installed, it must be a zoned irrigation system.

(d)

Indoor air quality. The minimum standards for indoor air quality are as follows:

(1)

Mechanical room walls exposed to living areas must be insulated to R-11;

(2)

Range hoods vented to the outside must be provided;

(3)

Unvented fireplaces and gas logs having a fan that blows any portion of the combustion gases into living spaces are not allowed;

(4)

One carbon monoxide (CO) detector, hardwired, shall be installed per 1,000 square feet of living space (minimum of one per floor) in all houses where an attached garage or any combustion appliance is used;

(5)

All joints in the air distribution system shall be sealed with duct mastic or approved equivalent;

(6)

Total duct leakage measured in CFI at 25 pascals pressure shall be less than or equal to five percent of the square footage served by each unit or equal to or less than ten percent of the fan flow at high speed for each system installed;

(7)

Airflow to each room will match designed airflow calculations to within plus or minus ten percent;

(8)

Exterior ventilation system installed per ASHRAE standards must perform at:

a.

Kitchen—100 CFM;

b.

Bathroom—20 CFM (continuous) or 50 CFM (spot);

c.

Master bedroom—20 CFM;

d.

Other bedrooms—10 CFM;

(9)

A furnace or duct-mounted electronic/electrostatic air cleaner option for homebuyers must be provided;

(10)

If a central vacuum system is installed, it must exhaust to the outside;

(11)

HVAC plenums on the supply side must be constructed of sheet metal (no duct board) with external insulation (minimum R-6 if located in unconditioned space).

(e)

Waste recycling. The minimum standards for waste recycling are as follows:

(1)

Construction waste (brick and wood) hauled from the building site by the builder shall be taken to a site or facility legally empowered to accept it for recycling as approved by the county and state in which the facility is located;

(2)

A construction waste reduction/reuse plan shall be written and followed by builder;

(3)

Unwanted building materials shall be donated to a nonprofit building organization;

(4)

A built-in recycling center option with two or more bins (minimum of five gallons each) shall be provided for homebuyers;

(5)

A composting system option installed in the yard shall be provided for homebuyers (manufactured or made at site).

(Code 1996, §§ 3.18.001—3.18.005; Ord. No. 720-02, 3-4-2002)

Sec. 50-113. - Permit required.

(a)

Moving structures. It is unlawful for any person, firm, or corporation to move or cause to be moved a house or building from one location to another within the city, or to move a house or building from without the city to a location within the city, or to move a house or building within the city to a point outside the city, or to move a house or building through or across the city, without giving the city secretary notice of such intent 72 hours prior to such move, and the securing of a permit therefor as provided in this article.

(b)

Wrecking or dismantling structures. It is unlawful for any person, firm, or corporation to wreck or dismantle any house or building, the value of which exceeds $1,000.00 within the city, without securing a permit therefor as provided in this article.

(c)

Exception. Nothing in this article will be applicable to buildings not exceeding 500 square feet used for storage, hobby, or workshop purposes.

(Code 1996, § 3.11.001)

Sec. 50-114. - Bond required.

(a)

Any person, firm, or organization who desires to dismantle a building within the city or move a building or house into, within, or through the city is hereby required to post a bond with the office of the city secretary as a guarantee that the following conditions will be met:

(1)

That the building moved into or within the city will be restored within 180 days to meet city building, plumbing, housing, and electrical codes, and that the grounds will be completely cleared and cleaned;

(2)

That any damage done to the streets belonging to the city or privately owned property within the city shall be repaired and restored to its original condition before the damage was incurred. Such repairs must be made within a period of 30 days from the date of the moving of the building;

(3)

That any structure being torn down will be completely dismantled, and the grounds cleared, within 90 days after permit is issued.

(b)

The amount of the bond for a house mover shall be $20,000.00. In addition, a performance bond in the amount of $5,000.00 shall be required of any person moving a building into the city or within the city which does not meet city construction codes. Such performance bond shall guarantee that the building will be restored in a manner that meets all city construction codes within 180 days.

(Code 1996, § 3.11.003)

Sec. 50-115. - Route to be disclosed.

Prior to the securing of a permit to move a structure through or within the city, the proposed route of movement must be disclosed to the city secretary at least 24 hours prior to the move. The city secretary shall inform the police department of the proposed route, and the city secretary and the police chief shall set the time of the move through the city and approve the route.

(Code 1996, § 3.11.004)

Sec. 50-116. - Construction codes applicable.

Any structure moved from one place to another within the city or any structure moved into the city limits shall be set on a concrete slab or a pier and beam foundation and shall comply with the city building, plumbing, housing, and electrical code specifications.

(Code 1996, § 3.11.005)

Sec. 50-117. - Damages.

(a)

If within a 30-day period after the building has been moved it shall appear to the city secretary that any damage has been done to the streets, wires, trees, or any other public or private property within the city, the city secretary shall assess the amount of such damage suffered by the city or the owner of such property damaged.

(b)

The party who secured the permit to move the building shall be held responsible for any and all damages, and written notice shall be given to the party by certified mail notifying the permit holder that the same has 30 days to compensate the city or private property owners for damage or repair, to the satisfaction of the city council, for any damage suffered as a result of the move.

(c)

Should compensation or repairs not be made within 30 days, the city shall file suit in the appropriate court to collect damages brought about by the city's loss. In addition, the bond posted for the security of a permit as provided for in this article shall be ordered forfeited, and the sureties on the bond shall be immediately notified of the damages suffered and demand shall be made on the principal and surety of the bond for immediate payment.

(Code 1996, § 3.11.006)

Sec. 50-118. - Conflicting provisions.

Nothing in this article shall be construed to overcome, modify, or in any way affect city zoning regulations. In the event of ambiguity or conflict arising of the comparison of this article and the zoning regulations, the zoning regulations shall be controlling.

(Code 1996, § 3.11.007)

Sec. 50-150. - Purpose, findings, and intent.

The city recognizes a need for a residential rental property registration and inspection program within the city to ensure compliance with city and state life safety, health, fire, and zoning codes and to further provide a means to encourage both absentee and local landlords to correct violations and to maintain their residential rental property in a safe and habitable condition for tenants.

(Ord. No. O-22-25, § 1(3.20.001), 11-12-2025)

Sec. 50-151. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the departments or divisions of the city designated by the city manager to administer and enforce the provisions of this article and any person designated by such a department or division to represent the department or division for said purpose.

Building means any structure having a roof that is built, maintained, or intended for use for the shelter or enclosure of persons, animals, or property of any kind.

Dwelling means any enclosed space wholly or partly used or intended to be used for human habitation, living, sleeping, cooking, eating, and sanitation and shall include any outhouse or appurtenance belonging thereto.

Dwelling unit means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single-family for human occupancy, such as living, sleeping, cooking, and eating purposes.

Landlord means any person who leases, barters, or rents a rental unit to another.

Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including a property manager, the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Property manager means the owner or the person appointed or hired by the owner to be responsible for the daily operation of a rental unit.

Rent means the offering, holding out or actual leasing of a rental unit to a person other than the owner and generally involves the payment of an amount of money as consideration for the right to occupy the rental unit, although other forms of consideration or no consideration at all may be involved.

Residential rental unit or rental unit means a single-family dwelling, two-family dwelling (duplex) or townhouse, or any portion thereof, that is rented or offered for rent for periods of 30 days or more.

RRCO means a rental registration certificate of occupancy.

Single-family dwelling means a freestanding building or manufactured home on one lot, occupied by not more than one family.

Tenant means any person who rents or leases a rental unit for living or dwelling purposes.

Townhouse means a single-family unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with a yard or public way on at least two sides.

Two-family dwelling (duplex) means a freestanding building or manufactured home on one lot, having separate accommodations for and occupied by not more than two families, one family in each dwelling unit.

(Ord. No. O-22-25, § 1(3.20.002), 11-12-2025)

Sec. 50-152. - Registration required.

(a)

In addition to an RRCO as a prerequisite to occupancy of a rental unit, each owner of a rental unit within the city shall register each such rental unit with the city in accordance with procedures contained in this article. A separate registration shall be required for each separate rental unit. Every owner of an unregistered rental unit as of the date of adoption of the ordinance from which this article is derived shall complete an initial registration application and pay an initial registration fee within 30 days of the effective date of the ordinance from which this article is derived.

(b)

Unless otherwise provided in this section, each owner of a rental unit within the city shall make application for registration with the city and schedule an inspection of said rental unit with the administrator within 30 days after the date of acquiring ownership of a rental unit or within 30 days after the date an owner of a dwelling unit converts the dwelling unit into a rental unit.

(c)

Application for rental unit registration shall be made upon a form provided by the city for such purpose, and shall include, at a minimum, the following information:

(1)

The owner's name, address, and work and home telephone number, driver's license number, or identification card number and state of issuance of the owner;

(2)

If the owner is a partnership, the names of all partners, the principal business address, and telephone number of each partner;

(3)

If the owner is a corporation, the person registering must state whether the corporation is organized under the laws of this state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the main individual in charge of the local office of such corporation, if any, and the names of all officers and directors or trustees of such corporation and, if a foreign corporation, the place of incorporation;

(4)

The name, address and telephone number of the property manager or person having the authority to act on behalf of the owner;

(5)

The name, address, and telephone number of mortgagee (if there is a mortgage against property);

(6)

The street address of the rental unit;

(7)

The maximum number of persons that the unit is designed to occupy as determined by the current adopted International Residential Code and current adopted International Property Maintenance Code, as amended; and

(8)

The signature of the owner or agent.

(d)

The city shall, within 30 days after receipt of the registration application, either issue a certificate of registration or notify the owner that the application does not comply with the requirements of this article.

(e)

Unless otherwise provided in this article, a certificate of registration shall be valid for each rental unit until such time as there is a change in ownership for that unit. A change in ownership shall be deemed to have occurred upon any of the following:

(1)

Any change in the individual ownership of the unit;

(2)

Any change in the ownership of any entity in whose name the current registration for the unit is issued;

(3)

Where the residential rental unit is managed by a property manager, upon any change in the individual property manager and/or the property manager's ownership; or

(4)

Upon the dissolution of any entity having ownership over the unit or upon said entity:

a.

Petitioning for reorganization under the federal bankruptcy code;

b.

Being adjudged bankrupt; or

c.

Becoming insolvent or having a receiver appointed due to the insolvency.

(f)

The initial, renewal, and annual registration fees for all registration applications shall be as set forth in the city's fee schedule. Registration fees are nonrefundable. Registration applications must be renewed annually.

(g)

Any registration fee required to be paid under this article shall be deemed late if received by the city after the due date established by this article, and the owner shall be required to submit a nonrefundable late registration fee in an amount set forth in the city's fee schedule.

(h)

No rental unit may be occupied by a tenant without first having a valid certificate of registration. It is an offense for an owner of a rental unit within the city to permit or allow a tenant to occupy any rental unit without first being issued a valid certificate of registration for the rental unit in accordance with this article. If an owner is required to register more than one rental unit, the owner's failure to register any individual rental unit shall constitute a separate offense. Each and every day that the owner continues to fail to register a rental unit within the city shall also constitute a separate offense.

(i)

It shall further be unlawful for any person to file a false rental registration application with the city.

(Ord. No. O-22-25, § 1(3.20.003), 11-12-2025)

Sec. 50-153. - Change of ownership registration.

(a)

Registration under this article shall remain in effect until the earlier of:

(1)

A change of ownership of the residential rental unit; or

(2)

The RRCO or registration is revoked or suspended for any reason.

(b)

Upon a change of ownership, the new owner of each residential rental unit shall complete a change of ownership registration application for each unit in the manner provided by this article and deliver the same, together with all applicable registration and inspection fees, to the building official's office within 30 days of the change in ownership.

(c)

The city shall not be required to send notice to an owner for a change of ownership registration required under this section.

(d)

No person shall make connections from a utility, source of energy, power, or water to any residential rental unit regulated by this article until the owner and unit are in full compliance with this article.

(e)

This section does not apply to owner-occupied residential rental units.

(Ord. No. O-22-25, § 1(3.20.004), 11-12-2025)

Sec. 50-154. - Residential rental certificate of occupancy standards.

(a)

Required. A residential rental certificate of occupancy (RRCO) is required for all residential rental units prior to occupancy by a tenant. An RRCO shall expire one year after issuance and must be renewed annually or upon a change in tenants. It shall be unlawful for any person to own, operate, manage, or maintain a residential rental unit or portion thereof, or to offer for occupancy thereof, without a current and valid RRCO having been issued for said property by the city, or to violate any other requirement of this article. Any person owning, operating, managing, or maintaining a residential rental unit shall obtain an RRCO for each separate unit prior to offering that unit for rent.

(b)

RRCO issuance, renewal, and expiration. An RRCO shall be required for each residential rental property under lease and/or occupancy on the effective date of the ordinance from which this article is derived and shall be in full compliance on or before one year of and from the effective date of the ordinance from which this article is derived. For residential rental properties offered leased or occupied for rent after the effective date, an RRCO shall be obtained prior to occupancy.

(1)

All RRCOs shall expire with a change of tenant;

(2)

An applicant for an RRCO shall be a written application submitted to the city on a form provided for that purpose. The application shall be signed by the owner or designated and authorized representative. Should an applicant own more than one residential rental property at more than one location, a separate application shall be filed for each rental unit. The following information shall be required in the application:

a.

The address of property;

b.

The name of tenant and all other residents of the rental property; and

c.

An acknowledgment by property owner (or property manager) and tenant of receipt of copy of the residential rental property ordinance codified in this article as a condition to receiving and maintaining an RRCO;

(3)

The administrator may at any time require additional relevant information of the owner or property manager to clarify items on the application and to ensure compliance with this article.

Upon a change of tenant of residential property, a new RRCO shall be obtained before the new tenant may occupy the property. An RRCO fee shall be charged for the issuance of an RRCO.

(c)

RRCO fees. The fee for an RRCO, or for the reinstatement or renewal of an RRCO, shall be as set forth in the city's fee schedule.

(d)

Replacement and transferability. A replacement RRCO may be issued for one lost, destroyed, or mutilated upon application on a form provided by the city. A replacement RRCO shall have the word "Replacement" stamped across its face and shall bear the same number as the one it replaces:

(1)

A residential rental property RRCO is not assignable or transferable;

(2)

The form of the RRCO shall be prepared by the administrator;

(3)

The RRCO shall be held by the owner, and a second copy shall be kept on the premises.

(e)

Standards of maintenance. In addition to the requirements set forth in this article, all exterior and interior residential rental properties, whether occupied or vacant, shall be maintained as set forth in this section.

(f)

Maintenance responsibility.

(1)

The owner of any property in the city, whether vacant or occupied, shall be responsible for the maintenance of all structures, equipment, appliances, and accessories to the property in compliance with all applicable laws, ordinances and permit requirements in force in the city;

(2)

No owner shall permit the occupancy of property that is not in a safe and sanitary condition, or that does not comply with all laws, ordinances and permit requirements in force in the city;

(3)

The owner shall be responsible for paying all abatement fees, taxes, and liens assessed on the property;

(4)

The owner shall notify the city of any eviction notice issued to a tenant. Furthermore, the owner shall provide, to the city, a plan for the cleanup and removal of personal items from the property 24 hours after the eviction and shall be responsible for such cleanup and removal. Upon eviction, the owner or person in control shall not place or leave personal items of the evicted tenant on the street or the exterior of the premises for a period of more than 24 hours after eviction;

(5)

Tenants of any property shall be responsible for keeping the interior and exterior of the property in a clean, orderly, and sanitary condition as provided in this article and other applicable city ordinances and adopted codes;

(6)

No tenant or owner shall willfully or wantonly, or by neglect or negligence, damage, deface, or destroy any part of the property or cause or allow to exist any condition detrimental to safety or sanitation or in violation of any ordinance;

(7)

In the event of any dispute between owner and tenant, or when the tenant is absent, unwilling, or unable to correct the violations, the property owner shall be held responsible for compliance with all ordinances that affect the property;

(8)

All exterior areas of residential rental units and the interior of every structure shall be kept clean and free from any accumulation of rubbish, trash, debris, filth, or garbage.

(g)

Inspections during occupancy. Upon the request of a tenant, the administrator may inspect a property for structural, electrical, mechanical, or plumbing problems, ceiling leaks, smoke detector checks, and insect or rodent infestation. The owner has 30 days to correct or repair any inspection failures or deficiencies.

(Ord. No. O-22-25, § 1(3.20.005), 11-12-2025)

Sec. 50-155. - Inspection required upon change in occupancy.

(a)

The owner shall provide written notice to the building official upon each and every change in occupancy. A change in occupancy shall mean a change in all tenants occupying a rental unit. The notice required by this section shall clearly indicate whether there was a change in tenant or whether the rental unit was vacated by the previous tenants and is presently unoccupied.

(b)

An inspection of the rental unit shall be required upon the city's receipt of written notice of a change in occupancy required to be submitted pursuant to subsection (a) of this section. Inspections required under this section shall be performed in the same manner as and in accordance with the applicable inspection procedures established by this article for the rental unit.

(Ord. No. O-22-25, § 1(3.20.006), 11-12-2025)

Sec. 50-156. - Single-family and two-family (duplex) dwellings and townhouse inspections.

(a)

The administrator, in addition to any other applicable requirement of this article, may inspect the interior and exterior of a residential rental unit to determine compliance with applicable state and local laws, including, but not limited to, the current adopted International Residential Code, the International Property Maintenance Code, and any substandard building codes of the city, as amended. The administrator may provide written notice of the date and time that the inspection will be conducted. Upon request and/or consent of the owner if the residential rental unit is vacant, or tenant if the unit is occupied, the administrator may conduct an inspection of the interior of a residential rental unit.

(b)

The administrator shall enforce the provisions of this article upon presentation of proper identification to the owner or tenant in charge of any residential rental unit and, with the owner or tenant in charge of any residential unit and, with permission of the same, may inspect the rental unit in accordance with this section between the hours of 8:00 a.m. and 5:00 p.m. The administrator's authority to conduct both exterior and interior inspections is subject to all limitations provided in state and federal law. If entry is refused by the owner or any occupant, or if consent to enter the rental unit could not be obtained, the administrator is authorized to seek a warrant permitting the administrator's entry pursuant to state law, as the same may be amended from time to time. Any warrant issued will constitute authority for the administrator to enter upon and inspect the premises described therein. A failure to permit an inspection shall further be grounds for the suspension or revocation of an RRCO or registration.

(Ord. No. O-22-25, § 1(3.20.007), 11-12-2025)

Sec. 50-157. - Administrator's powers and duties.

The administrator shall have the authority to:

(1)

Administer and enforce all provisions of this article;

(2)

Keep records of all licenses issued;

(3)

Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of application for registration, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article;

(4)

Conduct periodic inspections of residential rental properties throughout the city to ensure compliance with this article and all other city ordinances and state laws related to the purpose and/or enforcement of this article.

(Ord. No. O-22-25, § 1(3.20.008), 11-12-2025)

Sec. 50-158. - Appeals.

An owner, tenant, or other person or entity affected by the enforcement of this article may appeal a decision of the administrator, including, but not limited to, the denial, suspension or revocation of a residential rental registration or RRCO, to the board of adjustment, which shall have the authority to act as a board of appeals under this article. Any such appeal must be made in writing and within 15 calendar days following the date of the enforcement action or decision of the administrator. The decision of the board shall be final.

(Ord. No. O-22-25, § 1(3.20.009), 11-12-2025)

Sec. 50-159. - Enforcement; violations and penalties.

(a)

Any person who violates any provision of this article shall be guilty of a misdemeanor which, upon conviction, shall be punishable by a fine not to exceed $500.00. However, a fine for the violation of a provision of this article that governs fire safety, zoning, or public health and sanitation shall be punishable by a fine not to exceed $2,000.00. Each day that an unmitigated violation of this article is committed, continued, or permitted shall constitute a separate, punishable offense. Property owners found to be guilty of a misdemeanor violation as described above may have their RRCO suspended or revoked for the units affected until all violations are resolved to the satisfaction of the administrator.

(b)

Nothing in this article shall preclude the city's pursuit of any and all other remedies allowed under civil and criminal statutes, and in equity, to address situations and conditions which are treated in this article, under the theory of public nuisance or public health and safety. Neither shall the city be required, nor prohibited, to issue criminal citations before, after, or during any proceeding prescribed in this article. Specifically, in addition to provisions of this article, the city asserts full authority to exercise its right to remedies under all provisions of the Texas Local Government Code, including, but not limited to, V.T.C.A., Local Government Code §§ 54.012 through 54.020, in prosecution of civil suits for enforcement, injunctive relief, and civil penalties to remedy conditions of public concern described in this article.

(c)

In addition to any other remedy, if registration or an RRCO is revoked, the administrator may cause the termination of utility services to a residential unit.

(d)

The owner, agent, property manager, lessee, and any other person in control of a residential rental unit shall be jointly and severally liable and responsible in a criminal proceeding for a violation of this article.

(e)

Unless otherwise specified in this article, no culpable mental state is required for the commission of an offense under this article.

(Ord. No. O-22-25, § 1(3.20.010), 11-12-2025)