Loading...
18-109 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-109 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 3.11.002, "PENALTY FOR VIOLATION," OF ARTICLE 3.11, "PROPERTY MAINTENANCE CODE," OF CHAPER 3, "BUILDING REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES BY REPEALING SAID SECTION IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 3.11.002, "MULTIFAMILY REGISTRATION AND INSPECTIONS," OF ARTICLE 3.11, "PROPERTY MAINTENANCE CODE," OF CHAPTER 3, "BUILDING REGULATIONS," BY ESTABLISHING PROCEDURES FOR THE REGISTRATION AND INSPECTIONS OF MULTIFAMILY COMPLEXES AND ASSOCIATED DWELLINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that it is necessary to ensure the public health, safety, and welfare of the occupants of multifamily dwellings of the Town of Prosper, Texas ("Prosper"), for the continued use and occupancy regardless of the date of the construction; WHEREAS, the Town Council has further investigated and determined there is a need to preserve property values and promote the economic vitality, continued maintenance, and investments in existing and future multifamily complexes and associated dwelling units; and WHEREAS, the Town Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to require the registration and inspections of multifamily complexes and the associated dwelling units in the existing property maintenance code contained in Article 3.11, "Property Maintenance Code," of Chapter 3, "Building Regulations," of the Town's Code of Ordinances NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Section 3.11.002, "Penalty for Violation," of Article 3.11, "Property Maintenance Code," of Chapter 3, "Building Regulations," of the Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Section 3.11.002, "Multifamily Registration and Inspections," of Article 3.11, "Property Maintenance Code," of Chapter 3, "Building Regulations," of the Town's Code of Ordinances to read as follows: "Sec. 3.11.002 Multifamily Registration and Inspections (a) Definitions Buildina code. The building code adopted by the Town in section 3.04. Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit and meeting the requirements of section 3.11. Clean. Free from dirt, impurities or multiple stains; hygienic conditions and practices that serve to promote or preserve health. Common area. Communal areas of the complex, including, but not limited to hallways, stairways, lobby areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots. awellina unit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family and includes facilities for food preparation, sleeping and sanitation. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Hot water. Water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. Landlord. The owner, operator, lessor, management company, managing agent or on - site manager of a multifamly dwelling. Multifamilv complex: Any and all property, structures, common areas, open space, recreation areas, swimming pools, and parking and drive aisle areas associated with a multifamily development. Multifamilv dwellinq. A building or buildings containing three (3) or more dwelling units. Occupant. Any individual living or sleeping in a building, or having possession of a space within a building. Premises. A lot, parcel, tract or plot of land, with the buildings and structures. Propertv manager. A person who, for any form of consideration, has managing control of a premises. Representative sample. Any number of dwelling units at the multifamily establishment as determined by the Town Manager or the Town Manager's designated representative. Tenant. A person, corporation, partnership or group other than the legal owner of record, occupying a building or portion thereof as a unit. Town. The Town of Prosper, Texas. Town staff. The staff of the Town of Prosper, Texas duly authorized to enforce the provisions of this ordinance as it exists or is amended. (b) Registration Required. (1) The landlord of a multifamily dwelling complex that is one (1) year or older with (3) or more dwelling units shall annually register the complex with the Department of Development Services of the Town. For newly constructed multifamily dwelling complexes, the landlord shall register the complex on or before the one (1) year Ordinance No. 18-109, Page 2 anniversary of the issuance of the first certificate of occupancy for the first building intended for occupancy. (2) A registration is valid for one (1) calendar year, unless the ownership of the complex changes. (3) If a change in ownership of the complex occurs during the period that a registration is otherwise valid, the landlord of the complex shall have thirty (30) days from the date the change of ownership occurred to file a new registration with the Department of Development Services. (4) Town staff shall provide notice of the requirement to submit the required initial and/or annual registration and fee as established below to the property owner as identified on the tax roll and to the landlord, if known. Notice shall be provided via the United States mail. (5) Notice of the first, initial registration shall be provided to the property owner and landlord, if known, a minimum of sixty (60) calendar days prior to the deadline to submit the completed registration and fees. (6) Notice of subsequent annual, renewal registrations shall be provided to the owner and landlord, if known, a minimum of thirty (30) calendar days prior to the deadline to submit the completed registration and fees. (7) Annual registration or renewals postmarked or received after the identified deadline date shall be assessed an additional fee increase of: (A) Ten percent (10%) if received within thirty (30) calendar days after the due date; (B) Thirty percent (30%) if received within thirty-one (31) to sixty (60) calendar days after the due date; or (C) Fifty percent (50%) if received more than sixty-one (61) days after the due date. (8) All fees must be current with the Town prior to the renewal of a registration certificate. (9) The fees are established in Appendix A to this code, as it exists or may be amended. (10) The registration shall be on a form prescribed by the Department of Development Services and shall at a minimum contain the following information about the complex: (A) The trade name, physical address, business mailing address and total number of residential units; (B) The names of designated employees or authorized representatives who shall be assigned to respond to emergency conditions and a telephone number where said employees can be contacted during any twenty-four (24) hour period. Emergency conditions shall include fire, natural disaster, flood, burst pipes, collapse hazard and violent crime; (C) The names, addresses, and telephone numbers of the property owner, property manager, resident manager, registered agent, and the type of business entity which owns the complex; and (D) The names, addresses and telephone numbers of any mortgage lienholders. Ordinance No. 18-109, Page 3 (11) A landlord commits an offense if the landlord operates a multifamly dwelling complex which is not currently registered with the Town as prescribed. (12) Posting of the registration in the primary leasing office, and visible to the public, is required and is non -transferable. (c) Inspection. (1) To determine compliance with minimum building and property maintenance standards in accordance with the International Property Maintenance Code and other applicable Town codes and to determine compliance with this article, Town staff shall conduct scheduled inspections of the premise. (2) Inspections required. An inspection of the multifamily complex by the Town staff to determine compliance with applicable state and local law including periodic inspections, follow-up inspections, and inspections based on indications of code violations, including complaints filed with the Town Manager or Town Manager's designated representative. (3) Inspections by Town staff are intended to identify and abate issues identified in the list of "Multifamily Rental Inspection Components" as maintained and periodically updated by the Town. Inspection of the premise shall include, (A) All building exteriors; (B) All exterior and interiors of common areas; (C) Vacant dwelling units; (D) Outdoor and any unenclosed areas on the premise; and (E) Representative sample of ten percent (10%) with a minimum of five (5) occupied dwelling units upon receipt of consent by the unit's tenant or other recourse as provided by law. (4) Town staff may inspect portions of a multifamly complex as frequently as the Town Manager, Building Official, Fire Marshal or their designated representatives deem necessary. (5) Town staff shall make follow-up inspections of a multifamly complex which fails a periodic inspection and to inspect all areas included in the periodic inspection until such time as the violations are abated. (5) Offenses. A landlord commits an offense if the landlord: (1) Operates a multifamly dwelling complex which is not currently registered with the Town of Prosper as required by this article; (2) Fails to pay administrative fees as required by this article; (3) Maintains a property in violation of the Town's Property Maintenance Code; or (4) Commits any other violation of this article." Ordinance No. 18-109, Page 4 SECTION 3 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF DECEMBER, 2018. O F PR 7f ■ � — o � C D � as vim, pu° � ATTEST`+'... I APPROVED: �^M Ray Smith, M yor Ordinance No. 18-109, Page 5 APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 18-109, Page 6