11 - Rental Property Maintenance CodeItem No. 11
T1717 MArm,
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: RENTAL PROPERTY MAINTENANCE CODE
DATE: July 6, 2018
BACKGROUND: Squalor is unsafe and unsanitary, affecting both neighbors and the overall
community, and for those reasons cities have been given the legal authority to take measures to
abate conditions that affect the public health and safety. It is not just the private business of the
occupants of substandard structures or the owners thereof. Disease vectors spread, fire dangers
can affect other properties, and none of us wants to face the loss of life of a resident of our city
knowing we could have done something to prevent it, yet did not because of the opposition of a
property owner making money off a dilapidated structure. In response, in 2016 the city staff
worked to develop a modified International Property Management Code in an effort to provide
additional tools to try to maintain minimum living standards and slow the decline of residential
properties. The city council denied that recommended ordinance due to legitimate concerns, so a
much smaller program was proposed in 2017. That short, local ordinance was also denied.
However, in December 2017, the council gave direction to develop another, but briefer in scope,
ordinance to address dilapidated residential rental properties. In response, we put together a
committee of five local property owners to give us feedback and to try to ensure our ultimate
recommendations were logical and practical in the real world. The committee met three times,
and we also communicated with them by email and phone. We had one committee meeting that
turned into a public meeting due to some inaccurate information that spread, and then a formal
presentation with the public was made on June 19. As a result of the feedback we received at
that meeting, we made a number of changes prior to the city attorney drafting actual ordinance
language. These included adding a 7 -day compliance period; including duplexes, triplexes,
boarding houses and similar properties under the ordinance requirements; providing an appeal
process; clarifying it is not a violation of the water and sewer requirement if service has been
turned off because a tenant did not pay his/her bill; and requiring an occupant of a rental property
to give the owner reasonable notice of a violation prior to an order being issued by the city.
STATUS OF ISSUE: The proposed ordinance addresses six very basic safety standards only:
failing roofs, failing foundations, dangerous electricity or gas, no functioning water or sewer, no
windows, and no doors. Very few rental properties in Paris have these types of issues, so very
few property owners will ever be affected in any way by this ordinance. Unfortunately, the fact
is, we do have citizens of our community living in abominable conditions. We believe we
should have none and that as a city we have a responsibility to do what we can to prevent these
serious safety and health issues and to stop tolerating these types of properties and abuses. No
certificates of occupancy will be required, there is no requirement to retroactively bring these
buildings up to the international building code, and there will be no universal inspections of
rental properties. Properties will only be inspected of a complaint is received or a violation is
observed by a city employee, essentially as occurs now with other code compliance issues.
These are very basic health and safety standards we believe our residents have a right to expect.
BUDGET: NA
RECOMMENDATION: Approve attached ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 7, `BUILDINGS AND BUILDING REGULATIONS," OF
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ADD
ARTICLE VIII, "RESIDENTIAL RENTAL PROPERTY MAINTENANCE CODE;"
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Paris finds that that all persons residing in
the City deserve housing that is at least minimally safe; and
WHEREAS, the City Council further finds that while most owners of residential
rental properties maintain said properties in a safe manner, there exist in the City
residential rental properties that fall below generally accepted health and safety standards
for housing, and that such properties should be made to be sanitary and safe for the
residents thereof; and
WHEREAS, such substandard housing is detrimental not only to the occupants
thereof, but also has a deleterious effect on surrounding properties and the neighborhoods
in which they are located; and
WHEREAS, the City has not heretofore adopted any residential rental property
maintenance code; and
WHEREAS, in order to attain the objective of sanitary and safe housing for all
residents of residential rental properties, the City Council finds it to be in the best interest
of the citizens of the City of Paris to adopt minimal health and life safety standards for said
properties and to require the owners of said properties to maintain their properties in such
a manner as to meet such standards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Chapter 7, "Buildings and Building Regulations," of the Code of
Ordinances of the City of Paris shall be and is hereby amended to add Article VIII,
"Residential Rental Property Maintenance Code," to read as follows:
"Sec. 7-170. General Intent.
"(a) Title: These regulations shall be known as the Residential Rental Property
Maintenance Code of the City of Paris, herein referred to as the "Rental Code."
"(b) Purpose: The purpose of this Rental Code is to provide minimum standards to
safeguard life or limb, health, property, and public welfare by regulating and
controlling the maintenance of residential rental properties as defined herein. This
Rental Code establishes minimum basic standards for safety from fire and for the safe
and sanitary maintenance of residential rental properties. This Rental Code is in
addition to other building and safety codes and ordinances adopted by the City in this
Code of Ordinances, including but not limited to the Fire Code.
"(c) Applicability. The provisions of this Rental Code shall apply to all existing
residential rental, single family dwellings, duplexes, triplexes, quadraplexes, boarding
or rooming houses, and group homes or halfway houses used, designed, or intended to
be used for dwelling purposes on a rental basis.
"Sec. 7-171 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:
"Duplex shall mean a structure containing two dwelling units.
"Dwelling unit shall mean a single unit providing complete, independent living
facilities for one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
"Group Home or halfway house shall mean a residential facility that provides
training, care, supervision, treatment, or rehabilitation to persons with mental illness;
persons with intellectual or developmental disabilities; the aged; the otherwise disabled;
persons convicted of crimes; or persons suffering from drug or alcohol addiction;
regardless of the number of such persons residing or receiving services therein.
"Occupant shall mean any individual living or sleeping in a building, or having
possession of a space within the building.
"Owner shall mean any person, agent, operator, firm or corporation or any officer,
principal or majority owner of a firm or corporation having legal or equitable interest in
the property; or recorded in the official records of Lamar County, Texas as holding title to
the property; or otherwise having control of the property, including 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.
"Person shall mean an individual, corporation, partnership or any other group acting
"Qua ra lex shall mean a structure containing four dwelling units.
"Too Rent or let property shall mean to permit, provide or offer possession or
occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a
person who is or is not the legal owner of record thereof, pursuant to a written or
unwritten lease, agreement, or license.
'Renter or tenant shall mean a person, corporation, partnership, or group dwelling
in residential rental property pursuant to a written or unwritten lease, agreement, or
license with or from the owner.
"Residential rental property or residential rental unit shall mean a structure
containing a singledwelling unit, a duplex, a triplex, a quadralex, a rooming or boarding
house, or a group home or halfway house. The term shall not include structures in
apartment complexes which contain more than four () dwelling units.
"Rooming house or boarding house shall mean a building arranged or occupied for
lodging, with or without meals, for compensation and not occupied as a one- or two-family
dwelling.
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unit occupied or intended to be occupied for sleeping or living, but not for cooking
purposes,
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"The owner of a residential rental property as defined herein shall maintain such
property in compliance with the standards set forth herein and shall not permit another
person to occupy said residential rental property that is not in a sanitary and safe condition
"(a) The exterior of a structure shall be maintained in good repair, and shall be
structurally sound and sanitary so as not to pose a threat to the public health,
safety, or welfare. Foundation walls shall be maintained plumb and free
from open breaks and shall be kept in such condition so as to discourage the
entry of rodents and other pests. Exterior walls shall be free from large
holes, breaks, and large areas of rotted materials.
"(b) Exterior doors, door assemblies, and hardware shall be maintained in good
functioning condition. Exterior windows shall be maintained in a sufficient
condition to prevent the ready access of water, vermin, insects, and other
animals, and shall not present an undue danger of bodily injury as a result of
broken glass.
"(c) All residential rental units shall be served with running water and
functioning wastewater collection. Plumbing fixtures shall be properly
installed and maintained in working order and shall be kept free from
obstruction, leaks, and defects and be capable of performing the function for
which such fixtures are designed. Fixtures shall be maintained in a safe,
sanitary, and functional condition, and shall be properly connected to either
a public water system or to an approved private water system and shall also
be properly connected to either a public or private wastewater system or to
an approved private sewage disposal system.
"(d) Electrical and gas systems must present no hazard to the occupants or the
structure. Equipment, wiring, and appliances shall be properly installed
and maintained in a safe and approved manner. Flexible electric cords
shall not be used for permanent wiring, or for running through doors,
windows, or cabinets, or concealed within walls, floors, or ceilings.
"(e) The roof shall be sound, tight, and free of defects that admit rain in an
amount that causes or may cause deterioration of the walls or roof structure.
The roof must be free of significant signs of deterioration, fatigue, or rotting;
must have proper anchorage; and must be capable of supporting all nominal
loads.
Sec. 7-172 Notice of violation.
"(a) Notice required. In the event that any person owning occupied residential
rental property within the corporate limits of the City fails or refuses to
comply with the provisions of this article, the City shall give seven (7) days'
notice of the violation to the owner prior to taking any further legal action
against the owner.
"(b) Manner of notice. The notice shall be given:
"(1) Personally to the owner in writing; or
"(2) By letter addressed to the owner at the owner's address as recorded in
the appraisal district records of the appraisal district in which the
property is located; or
"(3) If personal service cannot be obtained or the owner's address is
unknown:
"a. By publication at least once; or
"b. By posting notice on or near the front door of each building on
the property to which the violation relates; or
"c. By posting notice on a placard attached to a stake driven into the
ground on the property to which the violation relates.
"(4) Any notice forwarded to the owner by mail as provided in subsection
(2) of this section and returned by the United States Postal Service as
"refused" or "unclaimed" shall not affect the validity of the notice, and
the notice shall be considered as delivered.
"(c) Contents of notice. The notice shall contain:
"(1) The name and address of the record owner;
"(2) An identification, which is not required to be a legal description, of the
property upon which the violation is located;
"(3) A statement in conformance with Section 54.005 of the Texas Local
Government Code affording a former property owner the opportunity,
by sworn affidavit, to disavow current ownership and responsibility
for the property;
"(4) A statement describing the violation and the work necessary to
correct the violation;
"(5) A statement that the owner may, within five (5) days of the date of the
notice of a violation, submit a written request to the appropriate
person named in the notice for an informal hearing before the City
Manager or his designee to contest whether the violation exists; and
"(6) A statement that the City may, at anytime after the expiration of seven
(7) days from the mailing of the notice file a criminal misdemeanor
complaint in municipal court with a maximum fine of two thousand
dollars ($2,000.00) for each day the violation exists, in addition to or
in lieu of any other remedy provided by law.
"(d) Informal hearing. If a written request is received according to
subsection (c)(5) of this section, an informal hearing shall be held before the
City Manager or his designee. Unless the owner requests and is granted an
immediate hearing and waives the right to notice, notice of the time and
place of the hearing shall be sent to the owner by certified mail. At the
hearing, the City Manager or his designee may consider all facts relating to
the existence of a violation. After the hearing, the City Manager or his
designee may determine that a violation requiring abatement does or does
not exist.
Sec. 7-174 Violations, Penalties, and Inspections
"(a) Each individual violation of this Article is hereby declared a Class C
misdemeanor prosecutable in the Municipal Court of the City of Paris, Texas,
and upon adjudication of guilt thereof, any occupant, Lessee, owner, lessor,
agent or other person who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this
article shall be assessed a fine not to exceed two thousand dollars
($2,000.00) for each offense in accordance with the provisions of section
1-6 of the Code of Ordinances of the City of Paris, Texas. Each day that a
violation is permitted to exist shall be deemed a separate offense for which
a separate fine may be assessed. Appeals from the Municipal Court shall be
taken in the same manner as appeals from all other judgments of that Court.
Violations of this Article are strict liability offenses subject to the defenses to
prosecution set forth in this section.
"(b) Upon conviction or deferred disposition, the property upon which the
violation or violations occurred and which is the subject of the Municipal
Court case, shall be subject to inspection by City inspectors for a period of
24 months after the date of conviction or the entry into an agreement for
deferred disposition to determine that the property is in compliance with
the ordinance. The property owner shall be assessed a fee of $25.00 for
each such inspection.
"(c) These inspections authorized in this article shall be at the discretion of City
code inspectors. Code inspectors shall give reasonable notice to the
owner and the residents of the property, and efforts will be made to
coordinate dates and times of inspections with the owners and/or
occupants. Failure of the owner or occupant to make the property
available for inspection will constitute a separate violation of the
ordinance, and any violations discovered during such inspections will
be separate violations as well. Convictions and/or deferred dispositions
on new violations discovered during any 24 month inspection period will
result in a new 24 month period during which the owner or occupant must
make the property available for inspection.
"(d) It shall be a defense to prosecution under this Article that:
"(1) the occupant or tenant of residential rental property failed to give the
owner reasonable notice of a violation of this Article prior to the City's
sending a violation notice to the owner; and
"(2) the violation is corrected by no later than three (3) days prior to trial
on the violation to the Court or no later than ten (10) days prior to
trial on the violation to a jury.
"a. For the purposes of this subsection, a reasonable notice from
the occupant or tenant to the owner shall be 24 hours in the
case of a life- or health -threatening condition such as arcing
electricity or non-functioning plumbing and 5 business days in
the event of non -health- or life-threatening conditions.
"(e) It shall be a defense to prosecution under this Article that a residential rental
property lacks functioning water and sewer service if the reason for that
failure is that an occupant or tenant has failed to pay a utility bill, provided
that the property otherwise complies with Section 1-171(c) herein."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be
guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 23rd day of July, 2018.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney