Chapter 8 - BUILDING STANDARDS CODE[1]

Footnotes:

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Editor's note— Ord. No. 2008-9000, § 2, adopted Oct. 2, 2008, amended Ch. 8 in its entirety, in effect deleting former Ch. 8 and enacting a new Ch. 8 to read as set out herein. Former Ch. 8 pertained to similar subject matter. For a complete history of former Ch. 8 see the Code Comparative Table.

Charter reference— Regulation of building construction, Art. III, § 28.

Cross reference— Billboards and signs, Ch. 7; Irving Minimum Housing Code, Ch. 8A; burglar alarm systems, Ch. 9; nursing homes, Ch. 11; child-caring facilities, Ch. 13; fences, Ch. 15; fire protection, Ch. 17; obstructing rooms and hallways in buildings, § 24-6; disposal of waste from building construction, § 33-5; setback lines, Ch. 33A; streets and sidewalks, Ch. 34; subdivision, Ch. 35; trailers and mobile homes, Ch. 38; water and sewer systems, Ch. 41; zoning, Ch. 42; flood damage prevention, Ch. 47; hotel/motel fire alarms, Ch. 51.

State Law reference— Municipal regulation of housing and other structures, V.T.C.A., Local Government Code ch. 214; mandatory building and rehabilitation codes, V.T.C.A., Local Government Code § 214.211 et seq.

ARTICLE I. - IN GENERAL

Sec. 8-1. - Short title.

The title of this chapter is the "Irving Building and Property Maintenance Standards Code.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2018-10114, § 1, 9-20-18 )

Sec. 8-2. - Chapter construction.

This chapter shall be construed to secure its intent to ensure public health, safety, and welfare. It establishes minimum requirements and standards for the continued use and occupancy of all buildings regardless of the date of their construction. It is enacted pursuant to Texas Local Government Code Chapters 54 and 214 and is necessary to protect health, life, and property, and to preserve the good government, order, and security of the City of Irving and its inhabitants.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-3. - References to laws.

Any references in this chapter to any ordinance, section, statute, or other law or portions of law, includes the cited law as it exists at the time this chapter becomes effective and includes all the cited law's successors.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-4. - Definitions.

AGA. American Gas Association.

Accessory building or accessory structure. A subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building.

Alteration. Any change, addition, or modification in construction; or replacing, adding, modifying, removing, or exchanging manufactured homes, recreational vehicles, or other structures, moving in a new or additional manufactured home, recreational vehicle, or other structure, changing or adding manufactured home community or recreational vehicle community plot or lot lines, and changing manufactured home community or recreational vehicle community property lines.

Athletic facility. A building, room, or portion of a room accessible to all residents, which is used for athletic or exercise activity.

Back end. The end of a manufactured home or recreational vehicle which is the opposite end from the front end of the unit.

Back side. The side of the manufactured home or recreational vehicle which is the opposite side from the front side of the unit.

Bathroom. An enclosed space or spaces containing one (1) or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes.

Bedroom. A 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.

Brush shall mean scrub vegetation or dense undergrowth.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building and standards commission. The building and standards commission established in this chapter and Texas Local Government Code Chapter 54, Subchapter C.

Building code. The current locally adopted building, residential, electrical, plumbing, mechanical, fuel gas, energy, and fire codes.

Building official. The city manager designee to this position or his or her designated representative.

Carport. A roof projecting from the wall of a building or supported on posts or columns and used to shelter motor vehicles, boats, camper tops, or trailers.

Carrion shall mean the dead and putrefying flesh of any animal, fowl or fish.

Certificate of occupancy. A certificate issued by the building official authorizing occupancy of a building following an inspection to determine compliance with the minimum and maintenance standards in this chapter.

City. The City of Irving or its designated representative, including, but not limited to, the city manager, code enforcement director, building official, fire chief, and police chief.

City manager. The city manager of the City of Irving or his or her designated representative.

Clean condition. Free from:

a. Chemical contamination; or

b. Microbial contamination; or

c. Insect or rodent contamination; or

d. Displaying or undergoing spoilage or putrefaction.

Clubhouse. A building or room accessible to all residents, which is used for meetings or recreation.

Code shall mean the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Code enforcement director. The code enforcement director of the City of Irving or his or her designated representative.

Commercial residential property. Includes multi-family dwelling community, manufactured home community, and recreational vehicle community.

Commission. The City of Irving Building and Standards Commission.

Driveway. A private accessway leading from a street or other thoroughfare to a building, garage, recreational vehicle, or manufactured home.

Duplex. A single structure designed and constructed with two (2) dwelling units under a single roof for occupancy by two (2) families, one (1) in each unit.

Dwelling. A structure, including multi-family dwelling community building, single-family, duplex, triplex, manufactured home, recreational vehicle, or hotel, occupied or for the purpose of human habitation or residence.

Dwelling unit. Any room or group of rooms occupied, or which is intended or designed to be occupied as the home or residence of one (1) individual, group of individuals, Family, or household for housekeeping purposes.

Easily cleanable:

a. Readily accessible; and

b. Made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

Efficiency. A dwelling unit that has only one (1) habitable space.

Essential utility. Gas, electric, water, sanitary sewer, storm sewer, heating fuel, heating system, and air conditioning.

Family. One (1) or more persons who are related to the head of the household by blood, marriage, or adoption and no more than three (3) unrelated persons living together as a single housekeeping unit and occupying a single dwelling with single kitchen facilities on a non-profit, cost-sharing basis. Foster children shall be considered to be related members of the family.

Filth shall mean any matter in a putrescent state.

Fire chief. The fire chief of the City of Irving or his or her designated representative.

Front end. The end of a manufactured home or recreational vehicle where the tongue would be attached or where the headlights are.

Front side. The side of the manufactured home or recreational vehicle where the front door is located or left side when facing the tongue or headlights.

Garbage shall mean all decayable wastes.

Good condition. Free from structural deficiencies and in compliance with the minimum standards of all applicable laws.

Habitable space. A space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Heat detection system. A centrally monitored heat detection system permitted and approved by the fire chief.

Hotel. Building in which hotel rooms are located; includes motel.

Hotel room. The portion of the hotel or motel which may be used by a guest as a permanent or temporary residence, including single rooms and suites.

Housekeeping unit. Room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking, and eating which does not contain, within such unit, a toilet, lavatory, and bathtub or shower.

HUD. The United States Department of Housing and Urban Development.

Impure or unwholesome matter shall mean a putrescible or nonputrescible condition, object or matter, which tends, may, or could produce injury, death, or disease to human beings.

Installation. The construction of the foundation systems, whether temporary or permanent, and the placement and erection of a recreational vehicle, manufactured home, manufactured home component, manufactured home accessory, including fuel tanks, on or near the foundation system and includes supporting, blocking, leveling, securing, anchoring, and properly connections of multiple or expandable sections or components, and performing minor adjustments.

Junk shall mean all worn out, worthless, or discarded material, including, but not limited to, odds and ends, old iron or other metal, glass, and cordage.

Landlord. The owner, owner's agent, lessor, or sublessor of a building, unit, or section of ground; any person who has control of a building or of any portion of real property.

License. A license issued by the city to persons who qualify to own or manage a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel.

Licensee. The person who qualifies to own or manage a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel.

Manager. A person in control of the property. This term includes landlord, operator, property manager, resident manager, or a person who is responsible for the day-to-day operations of a property. In a condominium regime, this includes the council of owners.

Manufactured home. See the definition in Section 1201.003 of the Texas Occupations Code.

Manufactured home community. Any lot, tract, or parcel of land used in whole or in part for parking two (2) or more manufactured homes.

Manufactured home unit plot. A section of the manufactured home community designated for the placement of a single manufactured home.

Master-metered multi-family dwelling community. A multi-family dwelling community where the occupants are provided one (1) or more utility services for which they do not pay the utility company directly.

Multi-family dwelling community. Any building or group of buildings which provide four (4) or more dwelling units on a single platted lot, or if the land on which the building or buildings is unplatted, then any building or group of buildings which provide four (4) or more dwelling units on a tract or on contiguous tracts of land under a common ownership or a condominium regime.

Multi-family dwelling community license. A license issued by the building official pursuant to this chapter.

Objectionable, unsightly or unsanitary matter shall mean any matter, condition, or object, which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities.

Occupant. Any person living, sleeping, cooking, eating in, or having actual possession of a building or a space within a building, including a resident.

Office. A location on the property of a building, multi-family dwelling community, manufactured home community, or recreational vehicle community, where business is conducted for the property.

Outside temperature. The temperature measured in the shade immediately outside the building in question.

Owner. A person claiming, or in whom is vested, the ownership, dominion, or title to real property, including, but not limited to:

a. The owner of a fee simple title;

b. The holder of a life estate;

c. The holder of a leasehold estate for an initial term of five (5) years or more;

d. The buyer in a contract for deed;

e. A mortgagor, borrower, or debtor under a deed of trust or promissory note;

f. A mortgagee, receiver, executor, or trustee in control of real property;

g. The landlord, lessor, or sublessor of a dwelling, commercial residential property, or hotel;

h. The agent of the owner of a fee simple title, holder of a life estate, holder of a leasehold, buyer, mortgagee, receiver, executor, trustee, landlord, lessor, sublessor, or other person in control of the property. Landlord, lessor, or sublessor; and the landlord, lessor, or sublessor of a dwelling, commercial residential property, or hotel.

Permit. An official document or certificate issued by the city authorizing performance of a specified activity.

Person. An individual, corporation, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

Placard. Notice placed on the exterior of a building or dwelling unit which the building and standards commission has determined to be dangerously damaged or deteriorated, or likely to endanger persons or property.

Plumbing. Gas pipe, fuel supply line, private underground fuel main, domestic water supply line, toilet, lavatory, sink, laundry tub, catch basin, wash basin, bathtub, shower, waste sewer pipe, sewerage system, septic tank, drain, vent, trap, any other fuel-burning or water-using fixture or appliance, private fire hydrant, and all connections to water, waste, sewer, or gas pipes.

Police chief. The police chief of the City of Irving or his or her designated representative.

Pool. Any structure, swimming pool, spa, basin, chamber, or tank containing an artificial body of water for swimming, diving, or physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks.

Porch or deck. A structure adjacent to an entry door of a building.

Public works director. The public works director or his or her designated representative.

Putrescible waste shall mean waste liable to become putrid (decomposed or rotten), usually applied to food and animal products.

Premises. A lot, plot, or parcel of land including any structures thereon.

Recreational vehicle. A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, including slide out, self-propelled, or towable and designed primarily not for use as a permanent dwelling unit, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle community. Any lot, tract, or parcel of land used in whole or in part for parking two (2) or more recreational vehicles.

Refuse shall mean a heterogeneous accumulation of worn out, used up, broken, rejected or worthless materials and includes garbage, rubbish, paper or litter and other decayable or nondecayable waste.

Resident. Any person who inhabits a dwelling unit for living or dwelling purposes with the manager's consent.

Right-of-way. Land which is used as a roadbed for a street, alley, or highway intended for use by the public at large, or land set aside as an easement or in fee, either by agreement or condemnation.

Risk rating. A quantitative designation of 1 (best) through 4 (worst), assigned to a multi-family dwelling community based on several factors including, but not limited to, age, property condition, maintenance standards, provision of life safety systems, management practices, and other factors as determined by the city manager or his or her designated representative and as set forth in the risk rating assessment form maintained in the office of the code enforcement director.

Rooming unit. Room or group of rooms forming a single habitable unit occupied or intended to be occupied for living or sleeping, but not for cooking purposes.

Rubbish shall mean trash, debris, rubble, stone, useless fragments of building materials, or other miscellaneous useless waste or rejected matter.

Single location. Property held in common ownership that is on a single tract or on contiguous tracts separated only by public streets.

Stagnant shall mean foul or stale from standing.

Street. Any roadway, fire lane, accessway, or alley.

Structure. That which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Triplex. A single structure designed and constructed with three (3) dwelling units under a single roof for occupancy by three (3) families, one (1) in each unit.

Unit. Manufactured home space, manufactured home, recreational vehicle, washateria, office, clubhouse, and athletic facility.

Unit plot. A piece of ground set aside and designated for occupancy for one (1) manufactured home, recreational vehicle, or actually occupied by a manufactured home or recreational vehicle.

Unit plot line. The imaginary or actual marked line around any manufactured home unit plot or recreational vehicle unit plot.

Utility company. The entity providing gas, electric service, water, or sanitary sewer to a master-metered multi-family dwelling community.

Utility interruption. The termination of utility service to a master-metered multi-family dwelling community, by a utility company for nonpayment of billed service.

Washateria. A self-service laundry room accessible to all residents which contains one (1) or more washer and dryer.

Weeds shall mean vegetation, including grass, that because of its height is objectionable, unsightly or unsanitary, but excluding:

(1) Shrubs, bushes, and trees,

(2) Cultivated flowers, and

(3) Cultivated crops.

Zoning ordinance. The City of Irving, Texas Development Codes: Zoning and Subdivision Ordinances.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2009-9138, § 1, 12-3-09; Ord. No. 2011-9308, § 2,

2-9-12; Ord. No. 2018-10114, §§ 2, 3, 9-20-18 )

ARTICLE II. - RUBBISH; HIGH WEEDS, GRASS AND EDGING REQUIREMENTS, AND DANGEROUS WEEDS

Sec. 8-5. - Rubbish and other unsanitary matter.

A person owning, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, within the city commits an offense if said person permits or allows any stagnant or unwholesome water, sinks, filth, carrion, weeds, rubbish, brush, refuse, junk, or garbage, or impure or unwholesome matter of any kind, or objectionable, unsightly matter of whatever nature to accumulate or remain on such real property or within any easement area on such real property or upon any adjacent right-of-way for streets and alleys between the property line of such real property and where the paved surface of the street or alley begins. Such condition or conditions are hereby defined as public nuisances.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-6. - Weeds and edging requirements.

(a) High weeds and grass. A person, owner, tenant, agent, or person responsible for any premises within the city, occupied or unoccupied, commits an offense if said person permits or allows weeds to grow on the premises to a greater height than ten (10) inches. Said premises shall include, but not be limited to, the parkway between sidewalk and the curb; the right-of-way between any fence, wall, or barrier and the curb or pavement if such exists or the center line of said right-of-way; or the area between a fence, wall, or barrier and within any abutting drainage channel easement to the top of such channel closest to the property.

(b) Agricultural properties. With respect to uncultivated agricultural properties, a person, owner, tenant, agent, or person responsible for such property commits an offense if said person permits or allows weeds to grow to a greater height than ten (10) inches within one hundred fifty (150) feet from any adjacent property under different ownership or any street right-of-way. However, on cultivated agricultural properties where the distance between the growing crop and abutting property under different ownership or street right-of-way is less than one hundred fifty (150) feet, the person, owner, tenant, agent, or person responsible for such property commits an offense if said person permits or allows weeds to grow to a greater height than ten (10) inches between such growing crop and such property or street right-of-way. A person commits an offense if the person permits or allows weeds or crops on a corner lot to grow to any height which would create a traffic hazard, visibility obstruction, or otherwise impede the accessibility of a sidewalk, driveway or street.

(c) Edging . A person, owner, tenant, agent or person responsible for any premises within the city, occupied or unoccupied, commits an offense if said person fails to maintain all ground cover, including but not limited to grass; weeds; ivy; and other decorative groundcovers, by mowing, trimming, and/or edging such that it does not encroach over the edge of sidewalks; pedestrian ways; driveways; flatwork; curbs; and/or street pavement.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-7. - Notice of violation.

In the event that any person violates the provisions of this article, the code enforcement director shall give notice to such person setting forth the violation.

(1) Notice required. Such notice shall be given in any one (1) of the following ways:

a. Personally to the owner in writing;

b. 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

c. If personal service cannot be obtained:

1. By publication at least once;

2. By posting the notice on or near the front door of each building on the property to which the violation relates; or

3. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.

(2) Return of notice . If the notice to a property owner is returned by the United States Postal Service as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.

(3) Continuing notice . In a notice provided under this section, the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without

further notice may correct the violation at the owner's expense and assess the expenses against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by section 8-8 and assess its expenses as provided in section 8-9.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-8. - Work or improvements by city.

If such person fails or refuses to correct the violation of this article as set forth in the notice within seven (7) days of such notice, the city may do such work or cause such work to be done to bring the real property into compliance with this article.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-9. - Assessment of expenses; lien.

(a) Assessment of expenses. The costs, charges, and expenses incurred in doing or having such work done or improvements made to the real property, including the sum two hundred and fifty dollars ($250.00) per lot or tract of land, which sum is hereby found to be the cost to the city of administering the terms of this article, shall be a charge to and personal liability of such person.

(b) Lien . If a notice of violation of this article is given to the owner of such real property and the owner fails or refuses to timely correct the violation such that the city has to do the work or cause such work to be done to bring the real property in compliance with this article, the aforementioned costs, charges, and expenses shall be, in addition to a charge to and personal liability of the owner, a privileged lien upon and against such real property, including all fixtures and improvements thereon. In order to perfect such lien, the code enforcement director shall first give such owner written notice of demand for payment of such charges. Such written notice may be given by any one (1) of the methods provided for in section 8-7. If the owner fails or refuses to make complete payment of the charges within twenty (20) days of such notice, the code enforcement director shall file a written statement of such charges with the Dallas County Clerk for filing in the county land records. The statement shall contain the following:

(1) The name of the owner;

(2) A description of the real property;

(3) The amount of the charges, including interest thereon;

(4) A statement that all prerequisites required by this section for the imposition of the charges and the affixing of the lien have been met; and

(5) A statement, signed by the code enforcement director under oath, that the statements made therein are true and correct.

The statement may also contain such other information deemed appropriate by the code enforcement director.

(c) Interest . All charges shall bear interest at the rate of ten (10) percent per annum from the date the city incurs the expense. The city may bring suit to collect the charges and interest due, institute foreclosure proceedings, or both as provided by state law. The statement, as provided herein or certified copy thereof, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien. The owner or any other person responsible as provided herein shall be jointly and severally liable for the charges.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-10. - Dangerous weeds.

In the event that a property owner permits or allows weeds to grow on the premises to a height greater than forty-eight (48) inches and such weeds are deemed by the city's code enforcement director to be an immediate danger to the health, life, or safety of any person, the code enforcement director, without notice to the property owner, may do such work or cause such work to be done to bring the real property into compliance with this section. The costs, charges, and expenses incurred in doing or having such work done or improvements made to the real property shall be assessed to the property owner and if not paid, may be filed as a lien against the property in accordance with section 8-9. Not later than the tenth day after the date upon which the weeds were abated under this section, notice of the abatement and charges incurred shall be given to the property owner. Such notice shall contain the following:

(1) An identification of the property, which is not required to be a legal description;

(2) A description of the violations that occurred on the property;

(3) A statement that the city abated the weeds;

(4) The amount of the charges, including interest thereon; and

(5) An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-11. - Appeal.

If, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files a written request for a hearing with the code enforcement director, the code enforcement director shall forward the request and all documents related to the matter to the city manager, who shall conduct an administrative hearing on the abatement of dangerous weeds under section 8-10 and/or the assessment of the administrative charges under section 8-9. The administrative hearing shall be conducted not later than the twentieth day after the date the request for a hearing is filed. The property owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. Within ten (10) working days of the date of the hearing, the city manager shall provide written notice of his decision concerning the appeal. The city manager may, after hearing, waive the assessment of charges in the event the city manager determines that the requirements for abatement of dangerous weeds provided in section 8-11 were not met and may uphold, alter or waive the assessment of administrative charges upon a finding of good cause for so doing. The decision of the city manager is final.

( Ord. No. 2018-10114, § 4, 9-20-18 )

Sec. 8-11.5. - Penalty.

Any person who intentionally, knowingly or unlawfully violates or permits the violation of any provision of this chapter shall be guilty of a Class C misdemeanor offense and punished by a fine not to exceed two thousand dollars ($2,000.00). Each day in which a violation of this chapter exists shall constitute a separate offense.

( Ord. No. 2018-10114, § 4, 9-20-18 )

ARTICLE III. - ADDRESS NUMBERS

Sec. 8-12. - Assignment of numbers.

The city shall have sole authority to assign address numbers for all buildings which numbers shall be subject to change by the city.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-13. - Responsibility.

It shall be the responsibility of the owner, owner's agent, and manager of property subject to this article to comply with the street address requirements.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-14. - Numbering.

The owner and manager of each structure or occupancy shall affix official street address numbers assigned to each building and each unit as follows:

(a) Multi-family dwelling communities.

(1) Street number required. The owner and manager shall post street address numbers or other identifying numbers designated by the city on each multi-family dwelling community structure; shall post the range of street address numbers at each entrance to the multi-family dwelling community; if there is a name sign posted at each entrance, shall post the range of street address numbers on this sign; and, if there are covered parking structures, shall post the building address numbers on the faces of the covered parking structures adjacent to the fire lane or access way at all locations that provide pedestrian access to a building. The street address numbers required by this subsection shall be at least six (6) inches in height with a one-inch-stroke and otherwise comply with the requirements of this chapter.

(2) Dwelling unit numbers required.

a. The owner and manager shall post on each dwelling unit in a multi-family dwelling community structure at its main entrance a number distinguishing the unit from all other units in the structure. The numbers shall be no less than one and one-half (1½) inches in height and the stroke shall be one-fourth (¼) inch and comply with the requirements of section 8-16 of this chapter.

b. In a multi-family dwelling community which has more than one (1) vehicular access to one (1) or more structures, the city may require the posting of more than one (1) set of street numbers or other identifying numbers on each structure in order that each structure may be identified from each vehicular access point. The street address numbers or other identifying numbers required by this subsection shall be at least six (6) inches in height with a one-inch stroke and otherwise comply with the material requirements of section 8-16 of this chapter.

c. A multi-family dwelling community that provides no more than four (4) dwelling units, has a building line no more than fifty (50) feet from the nearest edge of the nearest street or access way, has posted street numbers on it that are at least three (3) inches in height and is otherwise in compliance with sections 8-15 and 8-16 of this chapter is exempt from this subsection.

(b) Commercial and industrial buildings.

(1) Single structures. The owner and manager of each commercial and industrial building shall have posted on it at the front entrance and at the rear entrance, if there is a rear entrance, street address and suite numbers designated by the city. Street address numbers shall be of the size and of the material required in sections 8-15 and 8-16 of this chapter.

(2) Complexes of multiple structures.

a. If there is more than one (1) structure forming a commercial or industrial building complex, the owner and manager of the complex shall post the street address number designated by the city at the main driveway entrance from the public street to the complex and shall post on each structure at the front entrance and at the rear entrance, if there is a rear entrance, a street address or suite number distinguishing it from all other structures in the complex.

b. Where in a commercial or industrial building complex, there is more than one (1) vehicular access to each structure, the city may require the posting of more than one (1) set of numbers on each structure in order that each structure may be identified from each vehicular access point. The street address numbers required by this subsection shall be at least six (6) inches in height with a one-inch-stroke and otherwise comply with the requirements of section 8-16 of this chapter.

(c) Single-family, duplex, triplex. The owner of each single-family, duplex, and triplex dwelling structure shall place on it the proper street number designated by the city in some conspicuous place in order that the numbers can be seen and read from the street. The owner of each single-family, duplex, and triplex dwelling structure with a rear doorway or entryway shall also place the proper street number on the rear of the premises in some conspicuous place in order that the numbers can be seen and read from the alley or rear entrance. The size and stroke width of the street address number shall be that designated by section 8-15 and of the material designated by section 8-16 of this chapter.

(d) Manufactured homes in manufactured home communities. The owner and occupant of each manufactured home located in a manufactured home community shall post and maintain the proper street address numbers matching the street address numbers posted on the manufactured home's lot or pad, designated by the city on the side of the manufactured home facing the nearest vehicular access to the manufactured home. Neither the owner nor the occupant of any manufactured home located in a manufactured home community shall post any other street address numbers on the manufactured home except those designated by the building official for the lot or pad on which the manufactured home is located. The owner and manager of each manufactured home community shall post and maintain the proper street address numbers designated by the building official on each lot or pad in the manufactured home park in addition to any street address numbers posted on the manufactured homes. The size and stroke width of the street address number shall be that designated by section 8-15 and of the material designated by section 8-16 of this chapter.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-15. - Sizing of address numbers.

When the size of street numbers is not specifically stated in this article and when street address numbers face a public or private street, driveway, or access way, the minimum size of each number shall be based upon the following formula unless otherwise specified:

Distance from Posted Number Location to

Street, Driveway, or Access Way

Minimum Size of

Numbers

Minimum

Width of

Stroke

Up to and including fifty (50) feet Three (3) inches high One-half inch

From fifty-one (51) feet to and including one hundred (100) feet Five (5) inches high Three-fourths

inch

From one hundred and one (101) feet up to and including one

hundred and fifty (150) feet Six (6) inches high One inch

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-16. - Specifications for numbers.

The number assigned by the city as required by this section shall be of a durable material which shall not tarnish, fade, corrode, or peel on account of the action of the elements and shall be of a color contrasting to its background. Numbers shall be visible from the public street, alleyway, and any other access.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-17. - Approving authority and applicability.

The building official or fire chief may approve a variance to this article if it improves the effectiveness of the street numbering system. This article shall apply to all existing structures within the corporate limits of the City of Irving, Texas.

(Ord. No. 2008-9000, § 2, 10-2-08)

ARTICLE IV. - LICENSE, CERTIFICATE OF OCCUPANCY, AND PERMIT

Sec. 8-18. - Scope.

This article shall apply to all existing designated properties, the structures, and all existing premises thereon regardless of the date of their construction.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-19. - License.

(a) License required. Any person who owns or manages a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel in the city shall obtain a current and valid license having been issued by the city for each. Any person owning, managing, or maintaining a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel at more than one (1) location shall obtain a license for each separate location. The city will not issue a certificate of occupancy for any multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel that does not have a license issued to it.

(b) License application and issuance.

(1) An owner or manager shall file a city-supplied application with the building official for each location. The following correct and current information is required in the application:

a. Names, current addresses, and telephone numbers of all owners, managers, lien holders, and insurance companies;

b. State-issued driver's license or identification numbers and dates of birth of all owners and managers;

c. Names, addresses, state-issued driver's license or identification numbers, and dates of birth of all registered agents, presidents, and vice-presidents, if any of the above-named parties are corporations;

d. Names, addresses, state-issued driver's license or identification numbers, and dates of birth of all registered agents, presidents, and vice-presidents, if any of the registered agents are corporations;

e. One trade name;

f. Zoning district in which the property is located;

g. Telephone number, name, and address of a person responsible for paying utility bills, including the utility bills for the common area of a manufactured home community or recreational vehicle community;

h. The number of units as follows:

1. Multi-family dwelling community. The number of dwelling units broken down by number of efficiencies, one-bedroom, two-bedroom, and three-bedroom;

2. Manufactured home community and recreational vehicle community. The number of manufactured home plots and recreational vehicle plots; and

3. Hotel. The number of hotel rooms; and

i. The current occupancy rate, in percentage, of a multi-family dwelling community.

(2) Any person shall not use or permit to be used more than one (1) trade name at a single location.

(3) It is the duty of an owner and manager to update all information provided in the application within seven (7) calendar days of any change.

(4) The city may, at any time, require additional relevant information of the owner or manager to clarify items on the application. The owner and manager shall provide the information the city requires within seven (7) calendar days of the city's request.

(5) When more than fifty (50) percent of the ownership changes or there is a change of a general partner, the new owners and partners shall obtain a new license within thirty (30) days of the change. There is no fee for such a new license.

(6) The owner or licensee shall notify the city in writing of each change in ownership and each change in manager and individual responsible for compliance with this chapter, and any information required in this section within seven (7) calendar days of the change.

(7) A condominium regime seeking a license shall provide in addition to the foregoing information a copy of the application file-marked by the Dallas County Clerk of the instrument creating the condominium regime. The condominium regime shall also name a designated agent to receive notices relating to the premises and give the agent's street address and current correct telephone number, as well as name the council of owners. Such council of owners is hereby deemed to be a manager of the property.

(8) If an annual license cannot be issued at the time the application is filed, a temporary license may be issued upon payment of the license fee. The temporary license shall be valid until such time as the annual license is issued or the temporary license is revoked for failure or refusal to comply with this chapter.

(9) No annual license may be issued until the applicant has met all the requisites for it and paid all applicable fees.

(c) License expiration and renewal.

(1) Multi-family dwelling community, manufactured home community, recreational vehicle community. Each license expires on December 31 of each year and the owner shall renew it no later than January 1 of the following year.

(2) Hotel. Each license expires on March 31 of each year and the owner or manager shall renew it no later than April 1 of the same year.

(d) License fee.

(1) All applicants for a license for a multi-family dwelling community, manufactured home community, or recreational vehicle community shall pay license fees as follows:

a. Multi-family dwelling community. The fee for a license is thirteen dollars and sixteen cents ($13.16) per dwelling unit, washateria, clubhouse, athletic facility, and office per calendar year. If an additional dwelling unit, washateria, clubhouse, athletic facility, or office is constructed on the multi-family dwelling community premises after the city has issued a license, the city will not issue a certificate of occupancy for the new dwelling unit, washateria, clubhouse, athletic facility, or office until the licensee has paid a fee of one dollar and 966/1000 cent ($1.0966) per dwelling unit, washateria, clubhouse, athletic facility, and office for each month left in that current year. When a multi-family dwelling community begins operation, the annual licensing fee for the first year of operation shall be one dollar and 966/1000 cent ($1.0966) per dwelling unit, washateria, clubhouse, athletic facility, and office for each month the community is in operation that year.

b. Manufactured home community and recreational vehicle community. The fee for each manufactured home community or recreational vehicle community license is seven dollars and twenty cents ($7.20) per authorized manufactured home site, recreational vehicle site, washateria, clubhouse, athletic facility, and office per calendar year. If additional spaces are constructed on the manufactured home community or recreational vehicle community premises after the city has issued a license, the city will not issue a certificate of occupancy for any new units until the licensee has paid a fee of sixty cents ($0.60) per unit, washateria, clubhouse, athletic facility, and office for each month left in that current year. When a manufactured home community or recreational vehicle community begins operation, the annual licensing fee for the first year of operation shall be sixty cents ($0.60) per unit, washateria, clubhouse, athletic facility, and office for each month the community is in operation that year.

(2) Should the license payment be made by check or other instrument, which is not honored, the license for which the payment was made to secure shall be null and void without additional action by the city.

(3) The license fee shall be paid at the time the initial application is filed and at the time each renewal application is filed with the building official.

(4) The fee for issuing a replacement or duplicate license is twenty dollars ($20.00).

(5) The applicant shall pay a late charge equal to ten (10) percent of the annual license fee for any portion of the first month the annual license fee is late and five (5) percent of the annual license fee for any portion of each succeeding month the annual license fee is late or twenty-five dollars ($25.00) for any portion of any month the annual license fee is late, whichever is greater.

(e) License display.

(1) Multi-family dwelling community, manufactured home community, recreational vehicle community. The owner and manager shall post and display each license issued pursuant to this chapter in the office or in another conspicuous place to which occupants have access.

(2) Hotel. The owner and manager shall make each license issued pursuant to this chapter available for inspection on request.

(f) License replacement and transferability.

(1) A replacement license may be issued for one lost, destroyed, or mutilated upon application on the form provided by the building official. A replacement license may have the word "replacement" stamped across its face and may bear the same number as the one it replaces.

(2) A license pursuant to this chapter is not assignable or transferable from one person to another or from one place to another.

(3) The form of the license may be prepared by the building official.

(g) License standards. The owner and manager shall maintain the premises in compliance with the provisions of this chapter and with all applicable laws in order to obtain, retain, or renew a license.

(h) Appeal of license denial.

(1) If the building official denies a license, the owner or manager may appeal the denial to the construction board of appeals. License appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such denial.

(2) Failure of any person to file an appeal in accordance with this section is a waiver of his or her right to a hearing and the building official's decision shall be final.

(3) The denial of a license by the building official is not stayed pending appeal.

(i) It shall be unlawful and a violation of this section for an owner or manager to intentionally, knowingly, recklessly, or negligently provide, cause to be provided, or allow false information to be provided in response to any of the terms of this section.

(j) It shall be unlawful for an owner or manager to intentionally, knowingly, recklessly, or negligently commit, permit, or allow a violation of any of the terms of this section.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2009-9113, § 2, 9-3-09)

Sec. 8-19.1. - Certificate of occupancy.

It shall be unlawful for an owner or manager to intentionally, knowingly, recklessly, or negligently commit, permit, or allow a building or structure to be used or occupied without a valid certificate of occupancy issued pursuant to Section 110 of the International Building Code.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-20. - Revocation of license and certificate of occupancy.

(a) For failure to comply with the terms of all applicable laws, the building official, fire chief, or city council may revoke a license authorized by this chapter and revoke a certificate of occupancy for those units or structures in violation.

(b) If the building official or fire chief revokes a license or certificate of occupancy, the owner or manager may appeal the revocation to the construction board of appeals. Certificate of occupancy appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such revocation.

(c) Failure of any person to file an appeal in accordance with this section is a waiver of his or her right to a hearing and the building official's or fire chief's decision shall be final.

(d) The revocation of a certificate of occupancy by the building official or fire chief is stayed pending appeal.

(e) Public utilities discontinued. If an owner's certificate of occupancy is revoked in any manner, the city may notify all public utility companies serving the building that the certificate of occupancy for the units in violation has been withdrawn and request that all public utility services be discontinued from those units in violation.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-21. - Reinstatement of certificate of occupancy and license.

(a) If the license or certificate of occupancy is revoked by the building official, they may be reinstated or reissued by the building official upon the occurrence of all the following: compliance with the violation notice; compliance with current code requirements governing fire protection systems and electrical systems; and on request by the owner or manager.

(b) If the license or certificate of occupancy is revoked by the fire chief, they may be reinstated or reissued by the fire chief upon the occurrence of all the following: compliance with the violation notice; compliance with current code requirements governing fire protection systems and electrical systems; and on request by the owner or manager.

(c) If the license or certificate of occupancy is revoked by the city council, the city council may resolve to reinstate or reissue said license and certificate of occupancy upon the occurrence of all the following: compliance with the violation notice; compliance with current code requirements governing fire protection systems and electrical systems; and on request by the owner or manager.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-22. - Manufactured home community or recreational vehicle community permit.

(a) It is unlawful for any person to change or extend any existing manufactured home community or recreational vehicle community unless he or she has a valid permit issued by the building official in the name of such person for the specific change or extension. All changes or extensions of a manufactured home community or recreational vehicle community shall comply with the zoning ordinance.

(b) It is unlawful for any person to locate or relocate, alter, extend, or construct a manufactured home, recreational vehicle, or accessory building, within a manufactured home community or recreational vehicle community unless he or she has a valid permit issued by the building official in the name of such person for the specific placement, alteration, extension, or construction. All manufactured home, recreational vehicle, and accessory building placements, alterations, extensions, or construction shall comply with applicable codes, ordinances and the zoning ordinance. Setbacks and separations shall be maintained for all manufactured homes, recreational vehicles, accessory buildings and other structures as follows:

(1) Porches and accessory buildings must be a minimum of five (5) feet from an interior street and/or from any adjacent manufactured home or recreational vehicle.

(2) A carport may be attached to the manufactured home or recreational vehicle unit it serves but may not be closer than five (5) feet to any adjacent manufactured home or recreational vehicle.

(3) A freestanding accessory structure shall be no closer than five (5) feet to a manufactured home or recreational vehicle at any point. It is an affirmative defense to this section that the accessory structure is located within eight (8) inches of the manufactured home or recreational vehicle it serves. It is an additional affirmative defense to this section that neither the manufactured home nor the accessory structure has been moved since October 26, 2000.

(4) Between any end of manufactured home or recreation vehicle and private roadway: Five (5) feet.

(5) Between any side of manufactured home or recreational vehicle and private roadway: Ten (10) feet.

(6) Separations between manufactured homes or recreational vehicles:

a. Front side to back side: Fifteen (15) feet.

b. Front side to end: Fifteen (15) feet.

c. End to end: Ten (10) feet.

d. End to back side: Ten (10) feet.

e. Front side to front side: Twenty (20) feet.

f. Back side to back side: Fiftenn (15) feet.

(c) All applications for a permit shall contain the following:

(1) A permit application properly completed;

(2) Name, address, and current correct telephone number of the applicant;

(3) Name, address, and current correct telephone number of the owner of the property;

(4) The address and legal description of the manufactured home community or recreational vehicle community;

(5) A plot plan providing:

a. The date of preparation, name of preparer, scale, north point;

b. Name of manufactured home community or recreational vehicle community and its owner;

c. Location of property line boundaries and dimensions of the tract;

d. Location and width of all accessways, Driveways, and parking areas;

e. Proposed placement of all manufactured homes and recreational vehicles; and

f. All required front, rear, and side setback lines in compliance with the zoning ordinance.

(d) The applicable fee shall be charged at the time of permit issuance.

(e) When, upon review of the application and receipt of the required fee, the building official is satisfied that the proposed plan meets the requirements of this chapter and all applicable laws, he or she may issue a permit.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2009-9138, § 9, 12-3-09)

ARTICLE V. - MINIMUM MAINTENANCE STANDARDS[2]

Footnotes:

--- (2) ---

State Law reference— Minimum maintenance standards authorized, V.T.C.A., Local Government Code § 214.0011.

Sec. 8-23. - Compliance with article provisions.

Each owner, manager, and occupant of each structure and premises within the city shall comply with the applicable provisions of this article. The standards established in this article shall be the minimum

standards for the continued use and occupancy of all structures and premises regardless of when they were constructed. Any structure or premise that is in violation of these standards is hereby declared to be in violation of this article and may be ordered to be one (1) or more of the following: vacated, secured, repaired, removed, or demolished.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-24. - Owner's and manager's general responsibilities.

The owner and manager of the premises shall maintain the structures and premises in compliance with these minimum standards. A person shall not occupy or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. The standards of this article are intended to complement the requirements of any other applicable code or ordinance of the City of Irving, and shall not be deemed to lower any more restrictive standard required by the codes at time of original construction or subsequent remodeling. The duty of an owner and manager to maintain premises in compliance with this article is not affected by any duty this article creates upon the occupants thereof, even if the owner or manager has, by agreement, imposed upon the occupants the duty of maintaining the premises and complying with this article.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-25. - Occupant's general responsibilities.

Occupants of a building, dwelling unit, rooming unit, hotel room, or housekeeping unit shall keep in a clean, sanitary, and safe condition that part of the building, dwelling unit, rooming unit, hotel room, housekeeping unit, or exterior premises which they occupy and control.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-26. - All structures and premises.

(a) Exterior grounds and premises. The owner and manager shall maintain all exterior grounds and premises in a clean, safe, and sanitary condition, including, but not limited to, as follows:

(1) Maintain parking lots, fire lanes, driveways, sidewalks, porches, patios, and other paved areas free from deterioration, holes, excavations, sharp protrusions, or any other object or condition which may cause injury to a person;

(2) Provide and maintain legible parking and fire lane markings;

(3) Maintain vehicular and pedestrian control devices in good condition;

(4) Cover and maintain all exposed ground with pavement, stone screenings, other solid or semi-pervious material, or vegetative growth that is capable of eliminating soil erosion and dust, and that is free of holes and depressions that may injure a person or property;

(5) Maintain wells, cesspools, and cisterns securely covered or closed;

(6) Remove trees and tree limbs that are reasonably capable of damaging a structure, or that are reasonably capable of causing injury to a person, or which are within fourteen (14) feet of a fire lane measured vertically from the surface of the fire lane to the lowest point of the tree limb or branch;

(7) Maintain fences, gates, and screening walls in good condition; and

(8) Maintain all exterior property and premises free from rubbish or garbage except as contained in covered, leakproof containers; shall provide containers of adequate size and number and shall

be serviced with adequate regularity to prevent an overflow; and shall remove excess rubbish and garbage or items too large for the provided containers.

(b) Exterior of structures.

(1) The owner and manager shall maintain the exterior of all structures and equipment thereon in good condition, structurally sound, and in a sanitary condition, so as not to pose a threat to the public health, safety, or welfare including, but not limited to, as follows:

a. Maintain all exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. It is an affirmative defense to the oxidation removal requirement if the surface is designed for stabilization by oxidation or that the structure is a manufactured home or recreational vehicle that will not be in place longer than ninety (90) days;

b. Maintain all structural members free from deterioration, and capable of safely supporting the imposed dead and live loads;

c. Maintain all foundation walls plumb and free from open cracks and breaks in such condition so as to prevent the entry of rodents and other pests;

d. Provide mechanical ventilation or screened cross-ventilation openings of not less than one and one-half (1½) square feet for each twenty-five (25) linear feet of wall in each basement, cellar, and crawl space;

e. Maintain all exterior walls free from holes, breaks, and loose or rotting materials;

f. Maintain all exterior walls and exposed surfaces of metal or wood to protect them from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment;

g. Maintain the roof and flashing sound, tight and without defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good condition and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance;

h. Maintain all cornices, belt courses, corbels, trim, wall facings, and similar decorative features in good condition with proper anchorage and in a safe condition;

i. Maintain all overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts in good condition and properly anchored so as to be kept in a sound condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment;

j. Maintain every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, structurally sound, in good condition, with proper anchorage and capable of supporting the imposed loads;

k. Maintain all chimneys, cooling towers, smoke stacks, and similar appurtenances structurally safe and sound, and in good condition;

l. Maintain every window, skylight, door, and frame in sound condition, good condition, and weather tight:

1. All glazing materials shall be maintained free from cracks and holes;

2. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware; and

3. Every window which opens directly to or from an outdoor space shall be equipped with a tightly fitting insect-proof screen of not less than sixteen (16) mesh per inch; and

m. Maintain all exterior doors, door assemblies, and hardware in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door.

(2) Security devices. The owner and manager of all residential rental property shall comply with the Texas Property Code Chapter 92, Residential Tenancies, Subchapter D, Security Devices;

(3) Storm drainage. The owner and manager shall provide and maintain drainage of roofs and paved areas, yards and courts, and other open areas on the premises in a way so as not to be discharged in a manner that creates a public nuisance.

(c) Interior of structure.

(1) The owner and manager shall maintain the interior of a structure and equipment therein in good condition, structurally sound, and in a sanitary condition, and occupants shall maintain that part of the structure which they occupy or control in a clean and sanitary condition, including, but not limited to, as follows:

a. Maintain all structural members structurally sound, and capable of supporting the imposed loads;

b. Maintain all interior surfaces, including windows and doors, in good, clean, and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected;

c. Maintain every stair, ramp, landing, or other walking surface in sound condition and good condition;

d. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers, or tracks as intended by the manufacturer of the attachment hardware; and

e. Every dwelling unit shall contain a kitchen that meets, and every hotel room that contains a kitchen or kitchenette shall meet, the following requirements:

1. Food-contact surfaces shall be smooth and easily cleanable; impermeable to liquid; unpainted; not resurfaced; free from areas which are inaccessible to cleaning and inspection; free from breaks, seams, cracks, chips, pits, or similar imperfection; and free from difficult-to-clean internal corners or crevices;

2. Surfaces for equipment not intended for contact with food but which are exposed to splash or food debris or which otherwise require frequent cleaning shall be smooth, washable, free of unnecessary ledges, projections or crevices; readily accessible for cleaning; and constructed of such material in such repair as to be easily maintained in a clean and sanitary condition;

3. Gaskets and seals used for temperature control on doors into refrigeration systems shall be maintained clean, firm-fitting, and intact; and

4. Grease extracting ventilation hoods shall be provided which are readily removable and listed by a recognized testing laboratory.

(2) Fuel burning equipment. The owner and manager shall provide and maintain:

a. That fuel burning heating and cooking devices be properly vented to the outside;

b. That all fuel supply lines and fuel containers be securely installed to avoid accidental displacement;

c. All required clearances to combustible materials;

d. All safety controls for fuel-burning equipment be in effective operating condition; and

e. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment.

(3) Mechanical. The owner and manager shall provide and maintain heating and cooling facilities in all dwellings as follows:

a. Heating facilities shall be capable of maintaining a room temperature of sixty-eight (68) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms at any point measured a distance of not more than three (3) feet above floor level, and not more than two (2) feet from an exterior wall;

b. Cooking appliances shall not be used to provide space heating to meet the requirements of this subsection;

c. Cooling facilities shall be capable of maintaining a room temperature of at least fifteen (15) degrees cooler than the outside temperature, but in no event higher than eighty-five (85) degrees, in all habitable rooms, bathrooms, and toilet rooms at any point measured a distance of not less than five (5) feet above floor level, and not more than three (3) feet from an exterior wall;

d. All rooms, and all other enclosed spaces, shall be ventilated in a manner sufficient to keep them free of excessive heat, steam, condensation, vapors, offensive odors, smoke, and fumes; and

e. Intake and exhaust air ducts shall be maintained in such a manner as to prevent the entrance of dust, dirt, and any other contaminating material.

(4) Electrical. The owner and manager shall properly install and maintain all electrical equipment, wiring, and appliances in a safe manner, including, but not limited to:

a. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code;

b. Artificial light fixtures with protective shields capable of preventing broken glass from falling in areas where food may be exposed and where equipment or utensils may be stored; and

c. Ground-fault circuit-interrupter protected receptacles shall be provided for the following locations:

1. Bathrooms;

2. Kitchens where the receptacles are installed to serve the countertop surfaces; and

3. Laundry, utility, and wet bar sinks where the receptacles are installed within six (6) feet of the outside edge of the sink.

(5) Egress required. The owner and manager shall ensure that every bedroom has at least one (1) window or opening facing directly to the outdoors which is capable of being opened far enough to permit egress by any adult.

a. It is an affirmative defense to this subsection that the windows conform to all applicable laws at the time of their construction and have been adequately maintained and upgraded to current building code requirements in response to any Alteration, fire damage, repair, or addition.

b. When an unsafe condition exists through lack of, or improper location of exits, the building official, code enforcement director, or fire chief may require the owner and manager to install additional exits.

(d) Essential utilities.

(1) Multi-family dwelling communities. If the owner or manager is responsible for the provision of an essential utility for a dwelling unit in a multi-family dwelling community, he or she shall ensure that these utilities are provided at all times. If an essential utility is interrupted due to an accident, natural event, or equipment malfunction, the owner and manager shall cause repairs to begin as soon as practical and shall have service reinstated within twenty-four (24) hours, except as otherwise provided for sewer systems in this chapter. Except in cases beyond the reasonable control of the owner or manager, if repairs are not completed and service reinstated within twenty-four (24) hours, affected residents shall be relocated to temporary housing.

(2) Hotel. The owner and manager are responsible for provision and payment for essential utilities, and shall ensure that essential utilities are provided to each hotel room at all times. If an essential utility is interrupted due to an accident, natural event, or equipment malfunction, the owner and manager shall cause repairs to begin as soon as practical and shall have service reinstated within twenty-four (24) hours, except as otherwise provided for sewer systems in this chapter. Except in cases beyond the reasonable control of the owner or manager, if repairs are not completed and service reinstated within twenty-four (24) hours, affected residents shall be relocated to temporary housing.

(3) If the owner or manager is responsible for payment for an essential utility for a dwelling unit, he or she shall ensure that these essential utilities are not discontinued due to payment delinquency. Termination of an essential utility due to non-payment is grounds for the revocation of the certificate of occupancy.

(e) Handrails. The owner and manager shall provide and maintain every exterior and interior flight of stairs having more than four risers with a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface which is more than thirty (30) inches above the floor or grade below with guards. Handrails shall not be less than thirty (30) inches high or more than forty-two (42) inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than forty-two (42) inches high above the floor of the landing, balcony, porch, deck, ramp, or other walking surface. Intermediate rails shall be spaced to prohibit the passage of: a four (4) inch sphere for rails installed after August 30, 1991; a six (6) inch sphere for rails installed prior to August 30, 1991; or a nine (9) inch sphere for rails installed prior to February 1, 1979. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(f) Extermination. The owner and manager shall maintain all structures free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, the owner and manager shall take proper precautions to prevent reinfestation. The owner, manager, and occupant shall maintain those portions of the interior of a structure under his or her control free from rubbish, garbage, and other substances that may encourage infestation by insects, rodents, or vermin, and from all unsanitary conditions and shall cause the structure to be exterminated of insects, rodents, and other pests by an exterminator licensed by the state within ten (10) days after receiving written notice from the city that extermination is necessary.

(g) Plumbing in all structures and premises.

(1) If municipal water and sewer systems are within one hundred (100) feet of the property line of a dwelling other than a manufactured home or recreational vehicle, the owner and manager shall provide and maintain the following plumbing facilities connected to said systems in compliance with the building code and so as not to pose any health or sanitation hazard:

a. Kitchen sink, lavatory basin, and either a bathtub or shower all of which are provided with both hot and cold water;

b. Flush toilet; and

c. Water heating equipment adequate to supply hot water to every kitchen sink, lavatory basin, and bathtub or shower at a temperature of not less than one hundred ten (110) degrees Fahrenheit.

(2) The owner, manager, and occupant shall:

a. Maintain all occupied areas and all plumbing equipment and facilities in a clean, sanitary condition at all times; and

b. Connect plumbing fixtures and heating equipment that the occupant supplies in compliance with applicable laws.

(3) The owner and manager shall take immediate action to clear stoppages and partial blockages of all sanitary sewer systems. the owner and manager shall within twenty-four (24) hours after written notice of a malfunctioning sewer system:

a. Reinstate properly functioning sewer service; and

b. Complete removal of all residue, and complete treatment of all affected areas with a suitable disinfectant, including, but not limited to, inside structures, underneath structures, and all premises under the control of the owner and manager. It is unlawful for the owner, manager, or any person under his control to permit washing or power-washing sewage and debris. It is an affirmative defense to the washing requirement that the debris and wash water are contained, collected, and properly disposed of.

(4) If repairs are necessary that involve excavating to replace or rearrange sanitary sewer piping, the public works director may grant additional time for the owner or manager to complete the repair and restore properly functioning sewer service. Said additional time shall not exceed forty-eight (48) hours for a total of seventy-two (72) hours after written notice.

(5) If repairs involving excavation are necessary, the owner and manager shall establish an electronic record of the internal problems using a sewer line video inspection system or by taking photographs or video of the repairs once the line is excavated. The owner and manager shall maintain said record to confirm to the City of Irving that the repairs were completed.

(6) Written notice of a malfunctioning sewer system shall be effective upon the earliest of any of the following:

a. Upon personal service;

b. Upon delivery to the person's office during normal business hours;

c. Upon posting such notice on the door of the person's residence or office; or

d. Seventy-two (72) hours after depositing the notice, enclosed in a postpaid, properly addressed envelope, in a post office or official depository under the care and custody of the United States Postal Service.

(7) The owner and manager shall notify the code enforcement director and the public works director of sewer overflows immediately, but in no case later than twenty-four (24) hours, after the overflow.

(8) The owner and manager shall maintain access points (i.e., cleanouts and manholes) to sanitary sewer piping closed and tightly capped at all times. It is an affirmative defense that there is construction, cleaning, inspection, or repair actively occurring.

(9) If a notice is provided under this section in excess of two (2) times within a twelve-month period, the owner and manager shall have the sanitary sewer piping cleaned and the internal piping condition assessed by a video inspection system. The cleaning and video assessment shall, at a minimum, include the piping from the point of blockage downstream to the City of Irving sewer system. The owner and manager shall retain an electronic record of said condition assessment and provide it as requested by the City of Irving.

(10) If a notice is provided under this section in excess of four (4) times within a twelve-month period, the owner and manager shall maintain a written agreement to have the sanitary sewer piping, including, but not limited to, sewer mains and lateral lines, cleaned at least once every two (2) months. The owner and manager shall retain a copy of said written agreement and provide it as requested by the City of Irving. If the structure and premises improve to such a condition that notice is not required for twelve (12) consecutive months, the owner and manager may reduce the cleaning frequency to once annually.

(11) If a notice is provided under this section in excess of six (6) times within a twelve-month period, it is deemed that all or part of the sanitary sewer piping under the control of the owner and manager is in total structural failure. When all or part of the sanitary sewer piping is deemed to be in total structural failure, the owner and manager shall conduct a complete assessment of the sewer piping and replace the failed area. The owner and manager shall retain an electronic record of said condition assessment and provide it as requested by the City of Irving.

(12) The costs, charges, and expenses incurred by the City of Irving in responding to, cleaning up, applying appropriate disinfectant to raw sewage and residue that entered the public right-of-way from the structure and premises, or causing such work to be done, shall be a charge to and a personal liability of the owner and manager.

(h) Fire safety. The owner and manager shall provide and maintain a safe, continuous, and unobstructed path of travel from any point in a structure to the public way. Means of egress shall comply with the International Fire Code, including, but not limited to, as follows:

(1) At least one (1) emergency escape window or door shall be provided for each nonsprinklered bedroom below the fourth story;

(2) Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. It is an affirmative defense to this subsection that the minimum net clear opening for emergency escape and rescue grade-floor openings and for buildings built prior to February 1, 1979, shall be five (5) square feet;

(3) The minimum net clear opening height dimension shall be twenty-four (24) inches. The minimum net clear opening width dimension shall be twenty (20) inches. The net clear opening dimensions shall be the result of normal operation of the opening. It is an affirmative defense to this subsection that the minimum net clear opening height or width shall be twenty-two (22) inches for windows legally installed prior to February 1, 1979;

(4) Emergency escape and rescue openings shall have the bottom of the clear opening not greater than forty-four (44) inches measured from the floor. It is an affirmative defense to this subsection that the bottom of the clear opening height forty-eight (48) inches for windows legally installed prior to February 1, 1979;

(5) Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with this section and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening; and

(6) When an unsafe condition exists due to the provision of an insufficient means of egress system or emergency escape opening, the city may require the owner or manager to comply with this section.

(i) Fire protection systems. The owner and manager shall provide and maintain all systems, devices, and equipment to detect a fire, smoke, or carbon monoxide, actuate an alarm, or suppress or control a fire or any combination thereof in operable condition at all times in accordance with the International Fire Code, including, but not limited to, as follows:

(1) Smoke alarms shall be installed and maintained on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms and in each room used for sleeping

purposes. It is an affirmative defense to this subsection that the bedroom or sleeping room was constructed prior to August 29, 1991; and

(2) Smoke alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup. It is an affirmative defense to this subsection that battery backup is not required for smoke alarms legally installed prior to August 29, 1991. It is an affirmative defense to this subsection that smoke alarms are permitted to be solely battery operated if the alarm was legally installed prior to February 1, 1979.

(j) Alterations. Each owner, manager, and occupant of a building shall not alter the building or its facilities so as to create any noncompliance with any applicable law.

(k) Vacant units, structures, and land. In addition to the other requirements of this section, the owner and manager shall maintain:

(1) All vacant units, structures, and premises thereof or vacant land in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety; and

(2) All vacant or unoccupied structures or parts of structures completely secure from unauthorized entry. Minimum standards for securing a structure are:

a. All openings in a structure, including all floor levels, shall be secured to prevent entry by unauthorized persons. One (1) building entrance may be secured with a door of either solid core wood or steel construction, having no window in the door, and the door shall be securely locked to allow access only to authorized persons. Said door shall be secured with a through-bolted hasp and padlock if the door swings in;

b. If plywood materials are used to secure buildings, such materials shall be no less than one-half (½) inch thick, exterior grade. Particle board, wafer board, masonite, or other similar materials shall not be used for purposes of boarding-up a building;

c. Mechanical fasteners used for wood board-up materials shall be round-headed, non-slotted carriage bolts no less than three-eighths-inch in diameter with washers and nuts on the interior face;

d. The primary method of securing plywood boards shall be by the use of through-bolt compression fastening, using plywood on the exterior face and wood bracing constructed of minimum two-inch by four-inch (nominal) lumber installed on the interior side of the opening to be secured, perpendicular to the long dimension of the opening. Such bracing shall extend at least six (6) inches beyond the edge of the opening on each side in order to be securely braced against the building structure;

e. Wood construction used to secure a structure opening shall contain at least one (1) bolt in each corner and additional bolts no more than four (4) feet on center continuously along the perimeter. Each bolt shall fully penetrate the wood bracing on the interior side of the opening; and

f. The surfaces of such securing materials exposed to the weather shall be protected with the application of exterior grade paint, or a similar weather resistant finish, which blends with the background color of the building.

(3) It is an affirmative defense to the requirement of through-bolt compression fastening that such fastening is impossible due to the construction or condition of the opening. In such event, the opening shall be covered with plywood secured with minimum three-inch-long wood screws fastened on four-inch centers around the circumference of the opening.

(4) Nothing in the minimum standards of this section shall preclude an owner or manager from utilizing superior materials, such as metal, masonry, or concrete, or proprietary systems such as VPS systems, which exceed the durability and reliability of the foregoing standards, to secure a vacant structure or portion of a structure.

(5) In the event that a structure becomes unsecure after compliance with the standards in this section, the owner and manager shall resecure immediately and maintain said building in a secure manner.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-27. - Multi-family dwelling community specific provisions.

(a) In addition to the provisions in section 8-26 herein, each owner and manager of a multi-family dwelling community shall comply with this section.

(b) Emergency telephone number. The owner and manager of a multi-family dwelling community shall provide to each resident a current correct emergency telephone number which shall be answered twenty-four (24) hours each day by an owner, an employee or agent of the owner, a manager, or a telephone answering service for the multi-family dwelling unit in which the resident resides, in order to be able to respond to all resident emergencies which cannot wait until the first business hours.

(c) Management registration.

(1) All managers of a multi-family dwelling community shall register as such with the city. Such registration shall include the name of the person or management company, street address, a current correct telephone number, and a current correct emergency telephone number which shall be answered twenty-four (24) hours each day by an owner, an employee or agent of the owner, or a manager and any other information as determined by the building official.

(2) An owner shall not use a manager that is not registered with the city pursuant to this subsection.

(d) Disclosure of ownership.

(1) The landlord shall disclose to each resident and the code enforcement director the name and either a street address or post office box address of the holder of record title in accordance with the provisions set forth in Section 92.201 of the Texas Property Code, as amended.

(2) The owner, agent, or manager of a condominium shall disclose to each tenant and the code enforcement director the name and business address of the owner, lessor, or sub-lessor of the dwelling unit rented by the tenant and provide the names and addresses of those persons responsible for the maintenance of the common area of a condominium by supplying said information to each tenant within seven (7) days after receiving a written request by the tenant or code enforcement director.

(e) Utilities to master-metered multi-family dwelling community.

(1) Utility company records. Before providing utility service to a new account at a master-metered multi-family dwelling community, a utility company may obtain, and the applicant for utility service shall provide:

a. The name and address of the owner or owners of the building;

b. The name and address of the manager responsible for paying the utility bills; and

c. The name and address of the first-lien holder, if any.

(2) The utility company may maintain a record of the information obtained per subsection (1) and may make it available to the city.

(3) Notice of utility interruption.

a. A utility company may make a reasonable effort (including, but not limited to, messenger delivery) to provide notice of a pending utility interruption to residents of a master-metered multi-family dwelling community.

b. Prior to disconnecting service, a utility company providing gas, electricity, water, or sanitary sewer may send to the building official a copy of each termination of service letter or notice sent to the owner or manager of a master-metered multi-family dwelling community.

(f) Crime prevention standards. The owner and manager of a multi-family dwelling community shall provide the following crime prevention measures:

(1) Signs for emergencies and code violations. The owner and manager of a multi-family dwelling community shall post and maintain signs on the premises of the community which include the following:

a. Emergency numbers . The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any twenty-four-hour period. Emergency conditions shall include fire, natural disaster, flood, collapse hazard, burst pipes, or violent crime.

b. Notice for reporting code violations. A sign for reporting code violations to the city in a form approved by the code enforcement director.

(2) Sign requirements. The sign required by this section shall be a minimum of twelve (12) inches by twenty-four (24) inches. Sign facings shall be fabricated out of weather-proof material. The signs shall have a white background, with letters and numbers in a contrasting color. At each multi-family dwelling community there shall be at least one (1) sign posted, and an additional sign for each fifty (50) dwelling units in excess of fifty (50). The signs shall be prominently displayed in exterior, publicly accessible areas of the complex. If the community has an on-site management office, one (1) sign shall be on the exterior of the office.

(3) Lighting.

a. Exterior illumination shall be provided at appropriate points adjacent to all building entrances, including individual dwelling units. Lighting shall be sufficient to illuminate areas where hazards may reasonably exist, and shall be operable between a half hour after sunset and a half hour before sunrise.

b. Security lighting must be provided, maintained, and operated so that it adequately illuminates all parking areas, walkways, stairs, steps, doorways, and garbage storage areas of the apartment complex to such a degree that the facial features of a person at least five (5) feet tall are distinguishable from a distance of thirty-five (35) feet.

c. If control mechanisms for such lighting are not accessible by each tenant, such illumination shall be activated and deactivated by a photo cell or seasonally-adjusted timer switch, not operable by individual tenants of the community.

d. The owner and manager shall repair all inoperable exterior lighting fixtures within a reasonable period of time after being notified that the fixture is not working. In no instance shall a reasonable period of time be deemed to mean more than seven (7) days.

e. Security lighting must be in compliance with all applicable city ordinances and state law.

(4) Vacant buildings. The owner and manager shall maintain all vacant buildings pursuant to the standards otherwise in this chapter.

(5) Security gate access.

a. The owner and manager of a multi-family dwelling community which has unstaffed security gates which restrict vehicle access onto the premises shall provide the police chief with master codes to the gates so that police vehicles and personnel and ambulance and ambulance personnel are allowed unrestricted entry onto the premises when responding to emergencies and calls for service and routine patrols.

b. Prior to changing the master codes, the owner and manager shall notify the police chief of the new codes.

c. The owner and manager shall equip all security gates with a manual override to be used in the event of a power outage or system failure. The owner and manager shall notify the police chief of the location of the override.

d. The owner and manager shall provide access through such security gates by fire trucks and fire personnel as required by the International Fire Code as adopted by the city.

(6) Graffiti abatement. An owner and manager shall remove graffiti from his or her multi-family dwelling community as required in chapter 57 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas.

(7) An owner or manager commits an offense if the owner or manager knowingly violates this section.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2008-9011, § 1, 11-6-08; Ord. No. 2018-10083, § 1,

7-19-18 )

Sec. 8-28. - Hotel specific provisions.

(a) In addition to the provisions in section 8-26 herein, each owner and manager of a hotel shall comply with this section.

(b) Fire safety requirements. Each owner and manager shall:

(1) Cause to be conspicuously displayed immediately adjacent to or on the inside of every exit door from a sleeping room, a diagram depicting two (2) evacuation routes;

(2) Cause fire drills exclusively for staff members to be conducted quarterly for each shift;

(3) Cause records of fire drills to be maintained on the premises for review by the city in compliance with the International Fire Code;

(4) Cause an emergency plan to be submitted to and approved by the fire department.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-29. - Manufactured home community and recreational vehicle community specific provisions.

(a) In addition to the provisions in section 8-26 herein, each owner and manager of a manufactured home community and recreational vehicle community shall comply with this section.

(b) Parking manufactured homes prohibited generally. It is unlawful for any person to park a manufactured home within the City of Irving for longer than forty-eight (48) hours. Affirmative defenses to this subsection are:

(1) That the manufactured home is in a manufactured home community;

(2) That the manufactured home is parked on property where manufactured homes are manufactured or sold and where no one occupies a manufactured home as a dwelling or sleeping place; and

(3) That the manufactured home is parked on the property as a temporary office or display unit and where no person occupies a manufactured home as a dwelling or sleeping place.

(c) Roster of manufactured homes and recreational vehicles.

(1) The owner, licensee, and manager of each manufactured home community shall keep a roster of all manufactured homes and recreational vehicles located within the manufactured home community or recreational vehicle community. The roster shall contain the following information:

a. The make, model, and year of each manufactured home and recreational vehicle.

b. The vehicle identification number and name of the owner of each manufactured home and license number and name of the owner of each recreational vehicle and the state issuing the license.

c. Dates of each manufactured home and recreational vehicles moved into and or out of the manufactured home or recreational vehicle community.

(2) The owner and manager shall make the roster available for inspection at all times by the city.

(d) Driveways and roadway. The owner and manager of each manufactured home community or recreational vehicle community in the city shall provide in the manufactured home community or recreational vehicle community:

(1) At least one (1) driveway entrance or private street entering from a public street into the manufactured home community or recreational vehicle community that is at least twenty-four (24) feet wide with a minimum turning radius of thirty (30) feet;

(2) A properly marked fire access roadway that abuts each manufactured home plot or recreational vehicle plot and that is not less than twenty-four (24) feet wide at any point with a thirty-foot turning radius and vertical clearance of not less than fourteen (14) feet.

(3) Service roads, fire lanes, access ways, private streets, and roadways constructed and maintained so that they are weathertight and capable of supporting the imposed load of a forty thousand (40,000) pound fire apparatus with two-thirds ( 2/3 ) of the weight on the rear axle, capable of allowing free passage of fire department apparatus. At the discretion of the fire chief, a manufactured home community or recreational vehicle community owner shall provide laboratory testing analysis with a certifying letter that the entire surface meets the requirements of this subsection.

(4) Street name signs at each end of each block of each public and private street.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-30. - Substandard structures.

(a) A structure does not meet the minimum standards of the city if it is in violation of any applicable law, or

(1) Is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;

(2) Is unoccupied by its owners, lessees, or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;

(3) Is boarded up, fenced, or secured, but

a. Constitutes a danger to the public even though secured from entry; or

b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building by vagrants, children, or other uninvited persons;

(4) There exist conditions caused by accumulations or refuse, vegetation, or other matter that create breeding and living places for insects and rodents; or

(5) The condition, use, or appearance of property is in violation of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, or the Zoning Ordinance.

(b) A structure is unsafe and dangerous if its structural condition presents a substantial hazard to its occupants, adjoining property, or other persons by not providing minimum safeguards to protect or warn occupants in the event of fire, or because the structure contains unsafe equipment or is so damaged decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable

foundation, that partial or complete collapse is possible or that has any of the following structural deficiencies:

(1) Walls or other vertical structural members which list, lean, or buckle in excess of one-quarter-inch horizontal measurement for each one-foot of vertical measurement;

(2) A supporting member, exclusive of the foundation, which shows thirty-three (33) percent or more damage or deterioration;

(3) A nonsupporting enclosing outside wall or covering with fifty (50) percent damage or deterioration;

(4) Parts that may fall and injure a person or property;

(5) A floor or roof that has insufficient strength to be reasonably safe for the purpose for which it is used and to support the weight of emergency personnel and equipment as determined by the fire chief;

(6) A foundation that has holes, cracks, buckling, crumbling, or defects that may cause said foundation to be unable to provide adequate support;

(7) A floor, exterior wall, or roof that has holes, cracks, or loose, rotten, warped, or protruding boards that may injure a person;

(8) An interior wall or ceiling that has holes, cracks, loose plaster, defective materials, or structural deterioration that may defeat the purpose of the wall or ceiling or that may fail to protect the occupants of the structure from danger of collapse or fire;

(9) Damage by fire, explosion, wind, vandalism, or elements of nature so that there may be a danger to life, safety, or to the general health and welfare of a person;

(10) Absence of an essential utility for forty-eight (48) hours or more;

(11) Inaccessibility of any part of the structure to fire, police, EMS, or other emergency vehicles; or

(12) Sewage flowing into the right-of way.

(c) The fire chief, police chief, or building official shall be authorized to order the immediate evacuation of any structure which in his or her opinion is unsafe due to hazardous conditions that present imminent danger to the structure's occupants.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-31. - Density.

(a) Notwithstanding the provisions of all other city ordinances, the maximum number of persons per unit is as follows:

(1) Dwelling unit. No more than two (2) occupants per each bedroom plus one (1) additional occupant are permitted to reside in a dwelling unit.

(2) Hotel.

a. The maximum number of occupants per hotel room in which the same group of occupants stays fewer than thirty (30) consecutive days is no more than four (4) occupants per each bedroom plus one (1) additional occupant.

b. The maximum number of occupants per hotel room in which the same group of occupants stays thirty (30) or more consecutive days is as follows: in an efficiency hotel room, the density shall not exceed three (3) occupants; in a one-bedroom hotel room, the density shall not exceed four (4) occupants; in a two-bedroom hotel room, the density shall not exceed five (5) occupants; in a three-bedroom hotel room, the density shall not exceed six (6) occupants.

(b) The owner, manager, and licensee shall keep records that reflect the number of occupants in each dwelling unit. Said records shall be available for review by the city during regular working hours or upon receipt of reasonable notice.

(c) It shall be unlawful and a violation of this section for an owner or manager to permit or allow a violation of any of the terms of this section.

(d) It is unlawful for an occupant to violate, or permit, or allow any person or persons to reside in the occupant's unit in violation of this section.

(e) It is an affirmative defense to the density requirements of this section that a family residing in a dwelling unit in April 1985 continues to reside in the same dwelling unit. This defense does not apply to, permit, or allow any additional unrelated parties to reside in the occupied dwelling unit.

(f) An owner may establish a more restrictive density for each dwelling unit provided the density is based upon occupants per each bedroom.

(g) Multi-family dwelling community notice display. To assist compliance with the density requirements of this chapter, all licensees of a multi-family dwelling community shall display in a conspicuous place, the following notice, the form of which may be furnished by the building official:

CITY OF IRVING IMPOSES THE FOLLOWING MAXIMUM DENSITY

REQUIREMENTS:

One-bedroom or efficiency — No more than three (3) occupants per unit.

Two-bedrooms — No more than five (5) occupants per unit.

Three-bedrooms — No more than seven (7) occupants per unit.

Four or more bedrooms — No more than nine (9) plus two (2) additional occupants for each additional bedroom.

Or, in the alternative, the licensee may display a similar notice that states the licensee's density requirements that are as strict as or stricter than the standards set by this section.

(Ord. No. 2008-9000, § 2, 10-2-08)

ARTICLE VI. - INSPECTIONS

Sec. 8-32. - Inspections.

(a) Authorization. The city is authorized to make inspections to determine the condition of all existing residential and nonresidential structures, and all premises located within the city without prior notice to the owner, manager, or occupant of said property.

(b) Admittance.

(1) In cases of emergency where extreme hazards are known to exist which may involve imminent injury to a person, loss of life, or severe property damage, city employees, or their designated representatives, may enter dwellings, dwelling units, or hotel rooms at any time.

(2) For the purpose of making the inspections authorized and required by the provisions of this chapter, city employees, or their designated representatives, are hereby authorized to enter, examine, and survey at all reasonable times all multi-family dwelling communities, dwellings, dwelling units, hotel rooms, all common areas, and all premises within the city. Should the occupant, manager, or other person in charge refuse entry, the inspector may use the resources provided by law to gain entry.

(3) All complaints made by a tenant pursuant to Texas Property Code, Section 92.052, Landlord's Duty to Repair or Remedy, may be made in writing, signed and dated by the tenant, and copied by the tenant to the city. A copy of the written notice shall serve as right of entry for the city to conduct inspections in a complainant's dwelling unit.

(4) All complaints made by an occupant of a condominium in regard to the common area of the condominium shall be delivered to the person designated as an agent by the council of owners, if any such person has been designated. If no such designated person exists, any person in possession of a condominium, including, but not limited to, the board of directors or council of owners, shall be considered as agent in this subsection. A copy of the complaint made to such agent for the council of owners may be made in writing, signed and dated by the occupant, and copied by the occupant to the city. A copy of the complaint to said agent, shall serve as right of entry for the above-referenced officials to conduct inspections of the condominium common area.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-33. - Risk rating assessment.

(a) Each multi-family dwelling community is subject to a risk rating assessment. A notice that each multi-family dwelling community is subject to such assessment will be filed with the Dallas County real estate records.

(b) The code enforcement director is authorized to assess each multi-family dwelling community for a risk rating once per calendar year, with follow-up or compliance assessments as necessary.

(c) Notice of the risk rating report of a multi-family dwelling community will be made by personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the owner, manager, or lienholder of the affected multi-family dwelling community, as shown on the current multi-family dwelling community license application filed with the city, within thirty (30) business days of the report.

(d) An owner, manager, or lienholder may request another inspection once per calendar year within thirty (30) calendar days of the date of a risk rating report in an attempt to modify the rating of a multi-family dwelling community.

(e) The results of a risk rating become final thirty (30) calendar days from the date the report is mailed in accordance with subsection (c) above, unless modified pursuant to said subsection.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-34. - Risk rating appeal process.

(a) An owner, manager, or lienholder, jointly or severally aggrieved by a risk rating by the code enforcement director, may file an application to appeal to an administrative appellate panel within thirty (30) calendar days after the date of the risk rating report. The application must be filed with the code enforcement department and state the basis for the appeal.

(b) The administrative appellate panel shall consist of three members: one representative each from the building official's office, the city attorney's office, and the code enforcement department. Administrative appellate rulings shall be made by a simple majority of the members. The appeal to the administrative panel must be heard no later than thirty (30) days from the date the hearing request is filed, unless otherwise agreed to by the city and the applicant.

(c) The authority of the administrative appellate panel is limited in that it may modify a risk rating only if error is shown by the appellant as of the date of the risk rating report. Subsequent repair, renovations, work, or presentation of a scope and schedule do not form a basis for the administrative appellate panel to modify a risk rating.

(d) An owner, manager, or lienholder, jointly or severally aggrieved by a decision of the administrative appellate panel, may file an appeal to the construction board of appeals within thirty (30) calendar days after the date of the administrative appellate ruling. The authority of the construction board of appeals is limited in that it may modify a risk rating only if error is shown by the appellant as of the date of the risk rating report. Subsequent repair, renovations, work, or presentation of a scope and schedule do not form a basis for the administrative appellate panel to modify a risk rating. Risk rating appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code. The rulings of the construction board of appeals shall be final and non-appealable.

(e) Filing for any appeal does not stay the deadlines related to a risk rating report.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-35. - Requirements for risk rating 4 multi-family dwelling communities.

(a) An owner, manager, or lienholder of a multi-family dwelling community as of July 1, 2009, which receives a risk rating of 4 as a result of any inspection on or after July 1, 2009, shall be required to:

(1) Install a heat detection system; and

(2) Improve its risk rating to 3 or better within twelve (12) months of the date of the inspection that resulted in the risk rating of 4.

(b) If an owner, manager, or lienholder described in subsection (a) herein fails to comply with said requirements in subsection (a), the building official shall revoke the certificate of occupancy for failure to meet the minimum standards set forth in this chapter. An owner, manager, or lienholder may appeal the revocation to the construction board of appeals. Certificate of occupancy appeals shall be handled in accordance with the provisions set forth in Section 112 of the 2003 International Building Code with the exception that the appeal shall be in writing, filed with the building official within seven (7) calendar days of such revocation.

(c) An owner who purchases property after July 1, 2009, and applies for a certificate of occupancy for a multi-family dwelling community which has a current risk rating of 4, may be issued a temporary certificate of occupancy and shall be required to do the following within six (6) months of the application to obtain a certificate of occupancy:

(1) Install a heat detection system; and

(2) Improve the risk rating to 3 or better.

(d) Only one (1) owner per multi-family dwelling community per rolling twelve-month period may take advantage of the provisions of subsection (b) or (c). If such an owner fails to comply with the requirements of subsection (b) or (c), whichever is applicable, the building official shall automatically revoke the temporary certificate of occupancy for failure to meet the minimum housing standards set forth in this chapter.

(e) If a multi-family dwelling community receives a risk rating of 4, subsequent upgrades that improve the multi-family dwelling community's risk rating shall not relieve the owner, manager, and lienholder from the requirement of installing a heat detection system. The installation of a heat detection system shall not establish the basis for which a multi-family dwelling community may be maintained with a risk rating of 4. It shall be a violation of this chapter to maintain a multi-family dwelling community at a risk rating of 4 other than temporarily as set forth herein.

(f) Ownership changes of a multi-family dwelling community shall not extend any requirement deadlines set forth in this chapter, except as specifically provided herein.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-36. - Risk rating does not stay other enforcement.

Risk ratings under this article do not stay proceedings in civil or criminal court for violations of any ordinances of the city.

(Ord. No. 2008-9000, § 2, 10-2-08)

ARTICLE VII. - BUILDING AND STANDARDS COMMISSION[3]

Footnotes:

--- (3) ---

State Law reference— Dangerous structures, V.T.C.A., Local Government Code § 241.001 et seq.; mandatory building and rehabilitation codes, V.T.C.A., Local Government Code § 214.211 et seq.

Sec. 8-37. - Building and standards commission.

(a) There is created a building and standards commission to hear and determine cases concerning alleged violations of ordinances:

(1) For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits, including, but not limited to, the building codes as adopted and the minimum standards for buildings in this chapter;

(2) Relating to the fire safety of a building or improvement, including, but not limited to, provisions in the International Fire Code as adopted in chapter 17 herein, relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;

(3) Relating to dangerously damaged or deteriorated buildings or improvements, including, but not limited to, provisions in sections 8-26 through 8-30 herein;

(4) Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents, including, but not limited to, sections 8-26 through 8-30 and chapter 32 herein, and the zoning ordinance; or

(5) Relating to a building code or to the condition, use, or appearance of property in the city including, but not limited to, provisions regarding the minimum standards for buildings in this chapter;

(b) The commission shall consist of one (1) five-member panel. The members of the commission shall be residents of the city and shall be appointed by the city council to terms of two (2) years. The city council shall appoint regular members on the commission to designated places 1 through 5. Terms of Places 1, 3, and 5 expire in November of odd-numbered years. Terms of Places 2 and 4 expire in November of even-numbered years.

(c) A member may be removed for cause on a written charge in accordance with section 54.033, Texas Local Government Code. Before a decision on removal is made, the city council must hold a public hearing on the matter if requested by the commission member subject to the removal action.

(d) Any vacancy shall be filled for the unexpired term.

(e) The city council may appoint five (5) or more alternate members who shall serve in the absence of one (1) or more regular members when requested to do so by the mayor or city manager. By the adoption of this chapter, the mayor requests alternate members to serve in place of a regular

member due to absence or as part of a rotation of regular and alternate members. Alternate members shall serve for the same period and are subject to removal in the same manner as regular members. Vacancies for alternates shall be filled in the same manner as vacancies for regular members. The city council may appoint alternates on the commission to designated Places 1 through 5. The terms of alternates for Places 1, 3, and 5 shall expire in November of odd-numbered years. Terms of alternates for Places 2 and 4 expire in even-numbered years.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-38. - Authority of city to secure building before a hearing.

(a) The code enforcement director or building official may, before notice and hearing, secure a building that violates the minimum standards in this chapter and is unoccupied or is occupied only by persons who do not have a right of possession if:

(1) Before the eleventh day after the building is secured, the owner is given notice by:

a. Personally serving the owner with written notice;

b. Depositing the notice in the United States mail addressed to the owner at the owner's post office address;

c. Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's post office address is unknown; or

d. Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown.

(b) The notice pursuant to this section must contain:

(1) An identification, which is not required to be a legal description, of the building and the property on which it is located;

(2) A description of the violation that is present at the building;

(3) A statement that the city will secure or has secured, as the case may be, the building; and

(4) An explanation of the owner's entitlement to request a hearing about any matter relating to the city's securing of the building.

(c) The commission shall conduct a hearing pursuant to this section at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building if, within thirty (30) days after the date the city secures the building, the owner files with the city a written request for the hearing. The commission shall conduct the hearing within twenty (20) days after the date the request is filed.

(d) The city has the same authority to assess expenses under this section as it has to assess expenses under section 8-44 herein. A lien is created under this section in the same manner that a lien is created under section 8-44 herein and is subject to the same conditions as a lien created under that section.

(e) The authority granted in this section is in addition to that granted by section 214.001 of the Texas Local Government Code and other sections in this article.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-39. - Proceedings.

(a) All cases to be heard by the commission must be heard by a panel of at least five (5) members and/or alternate members.

(b) A majority of the entire commission shall adopt rules for the entire commission in accordance with this chapter. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges being brought by the city relating to alleged violations of ordinances.

(c) A majority vote of the members voting on a matter is necessary to take any action under this chapter.

(d) The code enforcement director or his or her designee shall present all cases before the commission panel.

(e) Meetings of the commission panel shall be held at the call of the chairman, or in the chairman's absence, the acting chairman, and at other times as determined by the commission. All meetings of the commission shall be open to the public. The chairman or acting chairman may administer oaths and compel the attendance of witnesses.

(f) The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. Each commission panel shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records.

(g) Public hearings will be conducted by the building and standards commission in accordance with the rules of the commission to hear and consider alleged violations of ordinances by owners, managers or occupants of buildings.

(h) If no appeals are taken from the decision of the commission within the required period, the decision of the commission panel is final and non-appealable.

(i) In a public hearing to determine whether a building complies with the standards set out in this chapter, the owner, lienholder, or mortgagee, has the burden of proof to demonstrate the scope of work that may be required to comply with this chapter, and the time it will take to reasonably perform the work.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-40. - Notice of proceedings.

(a) Notice of proceedings before the building and standards commission panel shall be given:

(1) By personal delivery, by certified mail with return receipt requested or by delivery by the United States Postal Service using signature confirmation service to the record owners of, and each holder of a recorded lien against, the affected property as shown by the records in the Office of the Dallas County Clerk if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the Dallas County Clerk;

(2) The owner or manager shown on the current license on file with the city, if applicable; and

(3) To all unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.

(b) The notice must be:

(1) Posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the commission panel and must state the date, time and place of the hearing; and

(2) Published in a newspaper of general circulation in the City of Irving on one occasion on or before the tenth day before the date fixed for the hearing.

(c) The commission may file notice of a proceeding before a commission panel in the Dallas County Official Public Records of Real Property. The notice must contain the name and address of the owner of the affected property, if that information can be determined from a reasonable search of the instruments on file in the office of the Dallas County Clerk, a legal description of the affected property and a description of the proceeding. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.

(d) The city must exercise due diligence to determine the identity and address of a property owner or lienholder to whom the city is required to give notice. The city exercises such due diligence when it searches the following records:

(1) Dallas County Official Public Records of Real Property;

(2) Dallas County Appraisal District records;

(3) Texas Secretary of State records, if the property owner or lienholder is a corporation, partnership or other business association;

(4) Dallas County assumed name records;

(5) City tax records; and

(6) City utility records.

(e) All notices herein shall be sent or given by the code enforcement director.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-41. - Action of the building and standards commission.

After a public hearing, if a building is found to be in violation of this chapter, the commission may:

(a) Enter into the minutes its findings that:

(1) A building is in violation of the minimum standards of this chapter;

(2) A building is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare;

(3) A building is unoccupied by its owners, lessees, or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;

(4) A building is boarded up, fenced, or secured, but;

a. Constitutes a danger to the public even though secured from entry; or

b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building by vagrants, children, or other uninvited persons.

(5) The materials or methods used to construct the building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances or exits do not meet the standards set forth in this chapter in regard to the preservation of public safety;

(6) A building or improvement does not meet fire safety standards as designated in the International Fire Code as adopted in chapter 17 herein;

(7) A building or use thereof is in violation of sections 8-26 through 8-30 and chapter 32 herein in that there exist conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents;

(8) The condition, use or appearance of property is in violation of the minimum standards in this chapter;

(9) Determine the amount and duration of final civil penalties the city may recover; and

(10) Determine that a building fails to meet the requirements necessary to retain a certificate of occupancy or multi-family dwelling community license.

(b) Make an order that:

(1) Declares a building substandard;

(2) The owner, lienholder or mortgagee of a building:

a. Secure it from unauthorized entry; or

b. Repair, remove or demolish the building.

(3) Persons or property be immediately removed from a building and designate the city to enter on the property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance;

(4) Action be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;

(5) The building(s) be vacated and/or that any or all occupants be relocated within a reasonable time;

(6) Authorizes any peace officer of the state, including the police chief, sheriff, or constable, to enforce and carry out the lawful order or directives of the commission; and

(7) The owner(s) of the property pay to the city the amount of civil penalties found to be owed. The commission may not order conditional civil penalties.

(c) Time limits.

(1) An order may require that a building shall be secured as found necessary in a manner which prevents entry by unauthorized persons.

(2) An order may require that a building must be repaired, removed, or demolished within thirty (30) days unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days.

(3) If the commission allows the owner, lienholder, mortgagee, manager or occupant more than thirty (30) days to repair, remove or demolish the building, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, mortgagee, manager or occupant to secure the property in a reasonable manner from unauthorized entry while the work is being performed.

(4) The commission may not allow the owner, lienholder, mortgagee, manager or occupant more than ninety (90) days to repair, remove or demolish the building or fully perform all work required to comply with the order of the commission unless the owner, lienholder, mortgagee, manager or occupant:

a. Submits a detailed plan and time schedule for the work at the hearing; and

b. Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work.

(5) If the commission allows the owner, lienholder, mortgagee, manager or occupant more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the commission shall require the owner, lienholder, mortgagee, manager or occupant to regularly submit progress reports to the commission to demonstrate that the owner, lienholder, mortgagee, manager, or occupant complied with the time schedules established by the commission for commencement and performance of the work. The order may require that

the owner, lienholder, mortgagee, manager, or occupant appear before the commission to demonstrate compliance with the schedules. If the owner, lienholder or mortgagee owns property, including structures or improvements on the property, within the city boundaries that exceeds one hundred thousand dollars ($100,000.00) in total value, the commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building. In lieu of a bond, the commission may require the owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the commission. The bond must be posted, or the letter of credit, or third party guaranty provided not later that the thirtieth day after the date the commission issues the order.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-42. - Civil penalties, notices, assessments, and liens.

(a) Civil penalties may be assessed by the commission in amounts not to exceed one thousand dollars ($1,000.00) per day for each day a property owner is in noncompliance with an order of the commission or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed ten dollars ($10.00) a day for each violation, if the city proves:

(1) The property owner was notified of the requirements of the chapter and the owner's need to comply with the requirements; and

(2) After notification, the property owner committed an act in violation of the chapter or failed to take an action necessary for compliance with the chapter.

(b) A determination of civil penalties made by the building and standards commission is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty.

(c) Civil penalties and expenses assessed herein shall constitute a personal liability of the property owner and a lien against the property.

(d) All civil penalties and assessments for expenses to repair a building accrue interest at the rate of ten (10) percent per annum.

(e) A property owner against whom a civil penalty is assessed or expenses are assessed shall be given notice of such order pursuant to section 8-43 herein.

(f) Promptly after the imposition of a lien for the assessment of a civil penalty or expenses, the code enforcement director shall cause a written notice of such imposition of lien in the office of the Dallas County Clerk.

(g) A certified copy of an order establishing the amount and duration of a civil penalty must also be filed with the district clerk. No other proof is required for a district court to enter final judgment of the penalty.

(h) An abstract of judgment shall be issued against all parties found to be the owners of the subject property or in possession of that property.

(i) A lienholder does not have standing to bring a proceeding for judicial review on the ground that the lienholder was not notified of the proceedings before the commission panel or was unaware of the condition of the property unless the lienholder had first appeared before the commission panel and entered an appearance in opposition to the proceedings.

(j) The penalties provided for in this section are in addition to any other penalties or enforcement remedies that the city may have under any applicable laws.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-43. - Action by city after building and standards commission issues order.

(a) Within ten (10) days after the date a building and standards commission order is issued, the city shall:

(1) File a copy of the order in the office of the city secretary; and

(2) Publish in a newspaper of general circulation in the city a notice containing:

a. The street address or legal description of the property;

b. The date of the hearing;

c. A brief statement indicating the results of the order; and

d. Instructions stating where a complete copy of the order may be obtained.

(b) The city shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder or mortgagee of the building.

(c) The city satisfies the requirements of this section to make a diligent effort, to use its best efforts or to make a reasonable effort to determine the identity and address of an owner, a lienholder or a mortgagee if the city searches the following records:

(1) Dallas County Official Public Records of Real Property;

(2) Dallas County Appraisal District records;

(3) Records of the secretary of state;

(4) Dallas County assumed name records;

(5) Tax records of the city; and

(6) Utility records of the city.

(d) Upon a finding by the commission that a building is dangerously damaged or deteriorated or is likely to endanger persons or property, the city may place a placard on all dwelling units which the commission has determined to be dangerously damaged or deteriorated or likely to endanger persons or property, with the following language: "Warning! This Structure has been found to be dangerously damaged or deteriorated or likely to endanger Persons or property. The Building/Unit is to be vacated immediately. This notice is to remain on this Building until it is repaired or demolished in compliance with the order of the Building and Standards Commission. It is unlawful to remove this Placard."

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-44. - Action by city on noncompliance with order of the building and standards commission.

(a) If an owner does not take the action ordered by the commission within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or property on which the building is located. The city shall personally deliver, send by certified mail with return receipt requested or deliver by the United States Postal Service using signature confirmation service, to each identified mortgagee and lienholder a notice containing:

(1) An identification, which is not required to be a legal description, of the building and the property on which it is located;

(2) A description of the violation that is present at the building; and

(3) A statement that the city will vacate, secure, remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.

(b) As an alternative to subsection (a):

(1) The city may make a diligent effort to discover each mortgagee and lienholder before conducting the commission's public hearing and may give them a notice of and an opportunity to comment at the hearing.

(2) In addition, the city may file notice of the hearing in the Official Public Records of Real Property in Dallas County.

a. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property and a description of the hearing.

b. The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice.

(3) If the city operates under this subsection, the order issued by the commission may specify a reasonable time as provided by the time limits described in section 8-41 herein for the building to be vacated, secured, repaired, removed or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time as provided by section 8-41 for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner.

(4) Under this subsection, the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action.

(c) If a building is not vacated, secured, repaired, removed or demolished or the occupants are not relocated within the allotted time, the city may:

(1) vacate, secure, remove or demolish the building, or relocate the occupants at its own expense and then collect on a bond or other financial guaranty that may be required in this chapter;

(2) If the building is a residential building with ten (10) or fewer dwelling units, repair the building to the extent necessary to bring the building into compliance with the minimum standards; and

(3) Withdraw the owner's certificate of occupancy and cancel the license authorized by this chapter for those units or structures in violation.

(d) If the city incurs expenses under this section, the city may assess the expenses on, and the city has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the Dallas County Clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city and the balance due.

(e) If the notice is given and the opportunity to relocate the residents of the building or to repair, remove or demolish the building is afforded to each mortgagee and lienholder as authorized herein, the lien is a privileged lien subordinate only to tax liens.

(f) In any judicial proceeding regarding enforcement of the city's rights under Section 214.0015 of the Texas Local Government Code and this article, the prevailing party is entitled to recover reasonable attorney's fees from the nonprevailing party.

(g) A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by an individual sixty-five (65) years of age or older.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-45. - Refused or unclaimed notice.

When the city mails a notice in accordance with this article to a property owner, lienholder, or mortgagee, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.

Sec. 8-46. - Judicial review of a building and standards commission order.

(a) Any owner, lienholder or mortgagee of record, jointly or severally aggrieved by an order of the commission, may file in Dallas County District Court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed with the court within thirty (30) calendar days after the respective dates a copy of the order of the commission is personally delivered, mailed by first class mail, certified return receipt requested or delivered to them by the United States Postal Service using signature confirmation service to all persons to whom notice is required to be sent under Section 54.035 of the Texas Government Code. Notice of the order shall be pursuant to section 8-43 herein. If a petition is not filed within the thirty-calendar day period by an owner, lienholder or mortgagee, the order of the commission shall become final as to that owner, lienholder or mortgagee upon the expiration of such thirty-calendar day period.

(b) On filing of the petition, the district court may issue a writ of certiorari directed to the commission to review the decision and order of the commission and shall prescribe in the writ the time within which a return on the writ must be made, which must be longer than ten (10) days and served on the relator or the relator's attorney.

(c) The commission may not be required to return the original papers acted on by it, but it is sufficient for the commission to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.

(d) The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(e) The allowance of the writ does not stay proceedings on the commission decision appealed from.

(f) The district court's review of the order of the commission shall be in accordance with Sections 214.0012 and 54.039, Texas Local Government Code.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-47. - Municipal court enforcement.

Proceedings by the building and standards commission do not affect proceedings under the jurisdiction of the municipal court.

(Ord. No. 2008-9000, § 2, 10-2-08)

ARTICLE VIII. - MOVING BUILDINGS

Sec. 8-48. - Moving old or used houses, buildings, etc., into city prohibited; exceptions.

(a) It shall be unlawful for any person to move into, or in any manner to bring into, the city any old or used house, any old or used building or structure, or any assembled portion of any old or used house, building or structure, from outside the city for the purpose of placing such house, building, or structure upon any lot or tract of ground for permanent use or occupancy of any nature whatsoever.

(b) The city council may authorize the moving of old or used buildings or structures into the city from outside the city for the purpose of placing such buildings or structures upon a lot or tract of land for temporary use by any governmental agency of the United States or the state, or any church or nonprofit organization under the terms and provisions of section 8-65; provided that any permit issued by the city council for any temporary use shall state the term or period of time which such building may be used.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-49. - Permit to move from one location in city to another—Required.

It shall be unlawful for any person to move or relocate any old or used house, any old or used building or structure, or any assembled portion of such house, building, or structure from one location in the city to another location, lot, or tract of land in the city without first obtaining a permit to do so from the city council.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-50. - Exemption of governmental agencies.

The United States government, the state, the county, the city, the Irving Independent School District or any governmental agency of the federal, state, county or municipal government, are hereby exempted from complying with the provisions of section 8-49; provided that each governmental agency desiring to move a building shall first notify the city building official in writing of such proposed move and secure the approval of the city building official of such proposed relocation of such building.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-51. - Application; fee.

(a) Any person desiring to move or relocate any old or used house, building or structure from one location in the city to another location, lot or tract of land in the city shall file an application with the building official of the city requesting that he be permitted to move or relocate a particular house, building or structure from one location to another location, lot, or tract of land in the city. Upon the filing of the application, the applicant shall pay the building official one hundred dollars ($100.00) to help pay the cost of processing the application to the city council and the cost of mailing notices required by this chapter.

(b) The application shall contain the following information:

(1) Name, address, and telephone number of applicant.

(2) Description and size of the house, building or structure to be moved, together with a picture thereof.

(3) Legal description of the lot and the local address upon which the house, building or structure is to be moved or relocated on if a permit is granted by the city council.

(4) A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, building or structure is to be moved or relocated and the location of existing buildings or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoining lots.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-52. - Public hearing.

After receiving an application and report of the building official under this article, the city council shall set a date for a public hearing on the application. Public notice of the public hearing shall be sent to owners of real property lying within two hundred (200) feet of the lot or tract of land upon which the house, building or structure is to be located. Such notice shall be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax rolls. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-53. - Same—Issuance.

(a) After a public hearing under the preceding section, the city council shall either grant or deny the request, taking into consideration the location and size of the lot upon which the house, building or structure is to be located; the size and construction of the house, building or structure to be moved; the population density in the area and the location and use of buildings, structures and land in the area; provided, that no request shall be granted if the city council shall find:

(1) That the house, building or structure to be moved does not meet all of the requirements of this Code or other applicable ordinances of the city.

(2) That the lot or tract of land with the house, building or structure thereon would not meet all of the requirements of this Code or other applicable ordinances of the city.

(3) That the house, building or structure to be moved has deteriorated more than fifty (50) percent of its original value by virtue of fire or by virtue of age or normal wear and tear or other elements.

(4) That the moving of such house, building or structure upon the lot or tract of land would cause injury to persons or property or damage to the streets or other public improvements.

(b) If the city council shall grant the request to move such house, building or structure, the city council by resolution shall cause a special permit to be issued authorizing the moving of such house, building or structure upon the lot or tract of land under such conditions, requirements or restrictions as the city council shall determine.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-54. - Inspection of building and tract of land.

Upon the filing of an application under this article, the building official shall investigate the application by inspecting the house, building or structure to be moved or relocated upon the lot or tract of land and the lot or tract of land upon which the house, building or structure is to be located. He shall then advise the city council as to whether the house, building or structure meets the requirements of the building code, and other applicable ordinances of the city and whether or not the lot and house, building, or structure, if allowed to be moved onto the designated lot or tract of land, would meet all of the requirements of the building code and other applicable ordinances of the city.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-55. - Issuance of certificate of occupancy and compliance.

The building official of the city shall not issue a certificate of occupancy and compliance for the use of a house, building or structure moved under this article until it complies with all requirements of this code or other applicable ordinances of the city.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-56. - Permit to use city streets—Required; moving by unbonded or uninsured movers prohibited.

No person shall move any house, building or structure, or any portion thereof, which house, building, structure or portion thereof is more than eight (8) feet in width over, across or along any street in the city without first obtaining a permit therefor from the building official of the city. No person, except a bonded and insured house mover, shall move any such house, building, or structure over, across or along any street in the city.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-57. - Application.

Each person desiring to move a house, building or other structure for which a permit is required, over, across or along any public street in the city shall make a written application for a permit setting forth the following information:

(1) Type, kind and description of the house, building, or structure.

(2) The extreme dimensions of the length, height and width of such house, building or structure.

(3) The present location and proposed new location by lot, block, subdivision and street number of such house, building or other structure.

(4) The approximate time such house, building or other structure will be upon the public streets and the contemplated route that will be taken to the new location.

(5) Such other information as may be required by the building official.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-58. - Reserved.

Sec. 8-59. - Investigations; issuance of permit.

Upon receipt of an application for a house moving permit, the building official shall make an inspection of the house, building or other structure to be moved over, across or along a public street in the city to determine if such house, building or other structure may be moved under the provisions of this article, and if found to be in conformity with the requirements of this article and with all other ordinances and regulations of the city applicable thereto, the building official shall issue a house moving permit to move such house, building or other structure; provided that no permit shall be issued by the building official if he shall find that the moving of such house, building or other structure will cause injury or damage to any person or property or damage to the streets or other public improvements.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-60. - Bond and insurance required for housemovers.

Before any person shall engage in the business of moving any house, building, or other structure over, across, or along any public street in the city, he shall furnish to the city the following bond and insurance:

(1) Bond. A good and sufficient surety bond in the penal sum of two thousand dollars ($2,000.00) in a form to be approved by the city, which bond shall be carried by a surety company authorized to transact business in the state. Such bond shall be payable to the city for the use and benefit of the city or any person or utility company in the city and shall be conditional that the principal shall:

a. Pay to the city all damages to streets or other property owned or controlled by the city, which damages are occasioned or caused in any manner by the principals' use of his house moving permit.

b. Pay to the city all damages to any tree, awning, wire, fire alarm, telegraph or electric pole, or wire or equipment, which damages are occasioned or caused in any manner by the principals' use of his house moving permit.

c. Pay to the city all damages to any other property or person, which damages are occasioned or caused in any manner by the principals' use of his house moving permit.

d. Comply with all regulations and ordinances of the city against all liabilities, judgments, claims, costs, and expenses which may in anywise occur against the city by reason of the granting of a house moving permit or use of such permit by the principal.

Such bond may be filed in connection with one (1) permit or may cover all permits issued to the principal during any calendar year, and such bond shall constitute a continuing liability notwithstanding any recovery thereon and shall contain a provision for a ten-day written notice to the city of cancellation by the surety.

(2) Insurance. A policy or policies of public liability insurance issued by an insurance company authorized to do business in the state insuring the public against any loss or damages that will result to any person or property caused by the negligent or willful acts of the house mover or his agents or employees in the moving or arising out of the moving of any house, building or other structure over, across or along any public street in the city or the moving of any house, building or other structure in the city in the following minimum amounts:

a. For damages arising out of bodily injury to or death of one (1) person in any one (1) accident —- $5,000.00.

b. For damages arising out of bodily injury to or death of two (2) or more persons in any one (1) accident —- $50,000.00.

c. For injury to, or destruction of, property in any one (1) accident —- $10,000.00.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-61. - Hours during which moving authorized.

Each house moving permit issued shall limit the moving of such house, building or other structure to the hours between 9:00 a.m. and 4:00 p.m. and between 7:00 p.m. and 12:00 p.m. No house mover shall move any house, building or other structure except during such hours or on Saturday or Sunday.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-62. - Notification of police chief, fire department, public utilities, etc.

Each house mover shall at least twenty-four (24) hours prior to the time the moving operations commence notify the police chief and the fire chief of the city and all public utility companies, railroads

and other persons where facilities are involved in such movement and make arrangements with the police chief, the fire chief, all utility companies, railroads and other persons involved for escort service and for the removal, relocation and replacement of wires, poles or other improvements to enable the house, building or other structure to be moved with proper clearance and safety.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-63. - Safety requirements.

(a) No person shall move any house, building or structure over, across or along any public street in the city unless accompanied or escorted by a police officer designated by the police chief.

(b) Every house, building, or other structure being moved over, across or along any public street after dark shall be equipped with sufficient lights continuously burning for the protection of the public. There shall be a minimum of five (5) red lights placed on each side of the building in such manner as to indicate the extreme width, height and size of such house, building or structure.

(c) No house, building, or other structure shall be parked or left standing for any period of time upon any public street in the city, except when in continuous travel upon the public street.

(d) When more than fifty (50) percent of the street, measured between curbs is occupied at night by the house, building or other structure or when in the opinion of the building official, flagmen are necessary to direct or caution traffic, the owner or person moving such house or building shall employ at his/her expense, two (2) flagmen to remain continuously with such house or building while the same is upon the public streets of the city.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-64. - Movements in transit through city; moving of super-heavy equipment, etc.

No permit shall be required to move a house, building or structure through the city in transit to a location outside of the city or for the moving of super-heavy or over-sized equipment or the transportation of commodities over any state or federal highway within the city when such movement is with a valid permit issued by the Texas Department of Transportation.

(Ord. No. 2008-9000, § 2, 10-2-08)

ARTICLE IX. - NOTICES AND PENALTIES

Sec. 8-65. - Notice for enforcement.

(a) Notice to an owner of real property for the purpose of enforcing The Code of Civil and Criminal Ordinances of the City of Irving, Texas, may include the following statement in the notice: "According to the real property records of Dallas County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not." The notice must be delivered in person or by certified mail, return receipt requested.

(b) If the city sends a notice to the owner of the property to which the notice relates as shown on or after the tenth day before the date notice is sent by the Dallas County real property records, and the record owner no longer owns the property, the record owner shall execute an affidavit provided with the notice by the governmental entity stating:

(1) That the record owner no longer owns the property; and

(2) The name and last known address of the person who acquired the property from the record owner.

(c) The record owner shall deliver the affidavit in person or by certified mail, return receipt requested, to the code enforcement director not later than the twentieth day after the date the record owner receives the notice.

(d) If the code enforcement director receives an affidavit under subsection (c), the code enforcement director shall send the appropriate notice to the person named in the affidavit as having acquired the property. A notice sent under this subsection must include the statement authorized by subsection (a)(1).

(e) If the code enforcement director receives an affidavit under subsection (c), he or she shall:

(1) Maintain the affidavit on file for at least two (2) years after the date the entity receives the affidavit; and

(2) Deliver a copy of the affidavit to the chief appraiser of the appraisal district in which the property is located.

(f) The city is considered to have provided notice to a property owner if the city complies with the statute, rule, regulation, or ordinance under which the notice is sent and if it:

(1) Complies with subsection (a) and does not receive an affidavit from the record owner; or

(2) Complies with subsection (d) and does not receive an affidavit from the person to whom the notice was sent under subsection (d).

(g) If the city complies with this section and does not receive an affidavit under subsection (c), the record owner is presumed to be the owner of the property for all purposes to which the notice relates.

(h) For purposes of this section, "real property" does not include a mineral interest or royalty interest.

(i) All notices herein shall be sent or given by the code enforcement director.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-66. - Criminal offenses.

(a) It is unlawful for the owner or manager of a building to knowingly:

(1) Permit a building or structure to be in violation of any provision of this chapter;

(2) Permit a building to exist in a dilapidated or substandard condition, or condition unfit for human habitation and a hazard to the public health, safety, and welfare;

(3) Permit a building to be unoccupied and unsecured from unauthorized entry to the ex

tent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;

(4) Permit a building that is boarded up, fenced, or otherwise secured to:

a. Constitute a danger to the public; or

b. Have inadequate means to secure the building from unauthorized entry or use;

(5) Permit a building to be unoccupied or occupied only by persons who do not have a right of possession and violate any applicable law;

(6) Permit a building to exist in a dangerously damaged or deteriorated condition or in a condition likely to endanger persons or property;

(7) Permit a building to be occupied when the building does not meet the minimum building or maintenance standards as set forth in this chapter;

(8) Permit a building to operate with a risk rating of 4 except as provided in this chapter; or

(9) Permit a building to operate without updating information required by a license as set forth in this chapter;

(10) Permit a building or unit to be occupied that does not have a certificate of occupancy.

(b) It is unlawful for the owner, manager, occupant or lessee of a building to knowingly:

(1) Remove or destroy a placard placed by the city without authority from the code enforcement director, building official, police chief or fire chief;

(2) Occupy a building or room on which the city has placed a placard;

(3) Permit a person to occupy a building or room on which the city has placed a placard; or

(4) Permit interference with an employee of a utility company posting notices of a utility interruption at dwelling units of a master-metered multi-family dwelling community.

(5) Remove a notice of utility interruption posted at a dwelling unit of master-metered multi-family dwelling community. It is an affirmative defense to prosecution under this subsection that the person is a resident of the dwelling unit from which notice is removed.

(c) The owner or manager of a master-metered multi-family dwelling community commits an offense if the owner or manager fails to pay a utility bill and the nonpayment results in the interruption to any dwelling unit of an essential utility service.

(1) Each violation of this subsection is considered a separate offense for each dwelling unit to which an essential utility service is interrupted.

(2) It is an affirmative defense to prosecution under this subsection that the occupant of a dwelling unit to which utility service is interrupted is in arrears in rent to the owner or manager of the master-metered multi-family dwelling community.

(d) It is unlawful for any person to knowingly:

(1) Own or manage a manufactured home community or recreational vehicle community that contains any manufactured home built after 1976 that is not constructed and installed in compliance with all applicable laws, rules, and regulations, including, but not limited to, those of the United States Department of Housing and Urban Development; or

(2) Own, keep or occupy a manufactured home built after 1976 that is not constructed and installed in compliance with all applicable laws, rules and regulations including, but not limited to, those of the United States Department of Housing and Urban Development.

(Ord. No. 2008-9000, § 2, 10-2-08)

Sec. 8-67. - Criminal penalty; continuing violations.

(a) A violation of any of the provisions of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). However, a fine for the violation of a provision of this chapter that governs fire safety, zoning, or public health and sanitation, including dumping or refuse, may not exceed two thousand dollars ($2,000.00).

(b) Violations that govern fire safety, zoning, or public health and sanitation include, but are not limited to, those violations in buildings, dwelling units, multi-family dwelling communities, manufactured home and recreational vehicle communities, hotels, and on grounds.

(c) An offense under article X or article XI is punishable by a fine not to exceed two thousand dollars ($2,000.00).

(d) Each day any violation of any provision of this chapter continues shall constitute a separate offense. Each structure or ground which is in violation of any part of this chapter is a separate offense. Each violation in any structure or ground is a separate offense.

(e) The penalties provided for in this section are in addition to any other enforcement remedies that the city may have under other city ordinances or state law.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2009-9081, § 3, 6-11-09; Ord. No. 2009-9113, § 3,

9-3-09)

State Law reference— Penalty for ordinance violations, V.T.C.A., Local Government Code §

54.001.

ARTICLE X. - VACANT BUILDING REGISTRATION

Sec. 8-68. - Definitions.

Applicant. The owner of a vacant building that applies for a certificate of registration under this article.

Certificate of registration. A certificate of registration issued by the building official to the owner of a vacant building under this article.

Occupied. One or more persons lawfully conduct business in or reside in a building as the legal or equitable owner, operator, lessee, or invitee pursuant to a valid certificate of occupancy.

Registrant. A person issued a certificate of registration for a vacant building under this article.

Vacant building. A building, other than a single-family home, duplex, or tri-plex, that, regardless of its structural condition, is not occupied by its owner, lessees, or other invitees.

All other defined terms may be found in section 8-4.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-69. - Certificate of registration.

(a) Registration required. Any person who owns a vacant building shall obtain and maintain a current and valid certificate of registration. A certificate of registration is required only if each building on the premises is a vacant building.

Affirmative defenses to this subsection include:

(1) The building has been occupied in the preceding ninety (90) days;

(2) The building suffered damage or destruction from a fire, flood, storm, or similar event that was not the result of the actions of the owner and that rendered the building incapable of being occupied, the building was occupied at the time of the fire, flood, storm, or similar event, and only one hundred and eighty (180) days have passed since the fire, flood, storm, or similar event occurred;

(3) The building is in the process of being renovated, rehabilitated, repaired, or demolished pursuant to and with all necessary permits and has been occupied in the preceding one hundred and eighty (180) days;

(4) The building is in the process of being repaired or demolished pursuant to an order of the building and standards commission or court order issued by a court of competent jurisdiction in a case in which the city is a party;

(5) The building is in the process of being marketed and advertised for lease or sale and has been occupied within the preceding one hundred and eighty (180) days; or

(6) The building is owned by the State of Texas or the United States of America.

(b) Registration application and issuance.

(1) An owner of a vacant building shall submit to the city an application on a form supplied by the building official. The following information must be supplied on the application:

a. The name, street address, mailing address, facsimile number, e-mail address, and telephone number of the applicant;

b. The name, street address, mailing address, facsimile number, e-mail address, and telephone number of the owner or all owners of the vacant building;

c. If the owner is not an individual, the name, street address, mailing address, facsimile number, e-mail address, and telephone number of the high managerial agent of the owner and a copy of the documents establishing the business;

d. The name, street address, mailing address, facsimile number, e-mail address, and telephone number of all mortgagees, lien holders, or other persons with a financial or legal interest in the vacant building;

e. All address numbers and names for the vacant building and all dwelling unit numbers for dwelling units located in the vacant building;

f. A description of the use of building, such as multi-family dwelling community, manufactured home community, hotel, automobile repair garage, office building, gasoline service station, or warehouse;

g. The number of vacant buildings on the premises and the square footage of each vacant building;

h. The number of pools, structures, dwelling units, or accessory structures on the premises;

i. The last date that the vacant building was occupied;

j. A description of any hazardous materials, uses, or conditions that currently exist in the vacant building;

k. The number of tanks on the premises, including underground gasoline storage tanks;

l. The name, street address, mailing address, facsimile number, e-mail address, and telephone number of a person or persons to contact in an emergency as required by section 8-71 of this article;

m. Proof of insurance as required by section 8-73 of this article;

n. A sketch or diagram showing the configuration of the vacant building and premises which need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;

o. Documentary evidence of payment of ad valorem taxes owed in connection with the vacant building or the premises on which it is located;

p. A vacant building plan as required by section 8-74 of this article; and

q. Additional information as the applicant wishes to provide the city or that the building official deems necessary to determine if the requested certificate of registration should be granted.

(2) The applicant shall not provide a post office box as the address for the owner or emergency contact person on the application for a certificate of registration.

(3) The applicant shall sign the application for the certificate of registration.

(4) The applicant must notify the building official in writing of any material change in the information contained in the application for a certificate of registration within seven (7) days of the change, including a change of ownership of the vacant building.

(5) Issuance. The building official shall issue a certificate of registration to the applicant if the building official determines that:

a. All required fees have been paid to the city;

b. The applicant has submitted a complete application and has complied with all requirements for issuance of a certificate of registration; and

c. The applicant has not made a false statement as to a material matter in the application for the certificate of registration.

(c) Transfer of certificate of registration prohibited. A certificate of registration is not transferable to a new owner of the vacant building or to a vacant building on another premises.

(d) Denial. If the building official determines that the requirements of subsection (b)(5) of this section have not been met, the building official shall deny the certificate of registration to the applicant. The building official shall deliver written notice to the applicant that the certificate of registration has been denied and the basis for the denial.

(e) Expiration and renewal.

(1) A certificate of registration expires:

a. One (1) year after the date of issuance;

b. Upon demolition of all vacant buildings on the premises pursuant to a valid demolition permit and removal of all demolition debris from the premises such that the premises is to grade;

c. When the ownership of the vacant building or premises changes; or

d. When the vacant building becomes legally occupied pursuant to a valid certificate of occupancy.

(2) An owner shall renew a certificate of registration by making application in accordance with section 8-69 and paying all fees described in section 8-70. A registrant shall apply for renewal of the certificate of registration at least thirty (30) days but no more than sixty (60) days prior to its expiration.

(f) Revocation and reinstatement.

(1) The building official shall revoke a certificate of registration if the:

a. Registrant fails to comply with any provision of the city ordinances or any state or federal law applicable to vacant structures or properties;

b. Registrant intentionally makes a false statement regarding a material matter in the application for the certificate of registration or in a hearing concerning the certificate of registration;

c. The vacant building plan is not approved by the building official pursuant to section 8-74 of this article; or

d. Registrant failed to pay a fee required by this article at the time the payment was due.

(2) Prior to revoking the certificate of registration, the building official shall deliver written notice of the possible revocation, the basis of the revocation, and a statement that the registrant has ten (10) days after delivery to comply with the notice to prevent revocation.

(3) Upon revocation of the certificate of registration, the building official shall send written notice of revocation, the basis of the revocation, and a statement informing the registrant of the right to appeal a revocation.

(4) Once during a registration period, the building official may reinstate a certificate of registration of a vacant building if the basis of the revocation is remedied within thirty (30) days of revocation.

(g) Appeal of revocation or denial.

(1) If the building official denies the issuance or renewal of a certificate of registration or revokes a certificate of registration, the action is final unless the registrant files a written appeal to the construction board of appeals within seven (7) calendar days of delivery of the notice of revocation.

(2) If a written request for an appeal hearing is filed with the building official within the seven-day period, the construction board of appeals shall hear the appeal within thirty (30) days from the city's receipt of the appeal unless otherwise agreed by the city and the appellant.

(3) Failure to file an appeal in accordance with this section is a waiver of appeal and the building official's decision shall be final.

(4) The revocation of a certificate of registration is stayed pending appeal.

(5) At the appeal hearing, the construction board of appeals is limited to affirming or reversing the denial or revocation based upon proof by the appellant that there was error as of the date of the revocation or denial. Subsequent repair, renovation, correction, or payment of a fee shall not form the basis of the board's decision. Otherwise, the appeal shall be handled in accordance with Section 112 of the 2003 International Building Code. The decision of the board is final as to administrative remedies, and no rehearing or appeal may be granted.

(h) Presentation of certificate of registration. The certificate of registration must be presented upon request to the code enforcement director, building official, or city employee or to a peace officer.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-70. - Registration fee.

(a) Applicants for issuance or renewal of a certificate of registration shall pay two hundred fifty dollars ($250.00) as an administrative fee and seventy-five dollars ($75.00) for the yearly inspection. The city is exempt from these fees.

(b) The fee shall be paid at the time the initial application is filed and at the time each renewal application is filed with the building official.

(c) The fee for issuing a replacement or duplicate certificate of registration is twenty dollars ($20.00).

(d) If the certificate of registration expires pursuant to subsection 8-69(e) less than six (6) months from issuance and the registrant files a written request with the building official within sixty (60) days of the expiration, the two hundred fifty dollars ($250.00) administrative fee will be prorated on a monthly basis and partially refunded to the registrant.

(e) If the certificate of registration expires pursuant to subsection 8-69(e), no yearly inspection has been performed by the city, and the registrant files a written request with the building official within sixty (60) days of the expiration, the seventy-five dolars ($75.00) inspection fee will be refunded to the registrant.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-71. - Emergency contact.

The owner shall designate a person or persons who will be able to arrive at the premises on which a vacant building is located within one (1) hour of being contacted by a city employee regarding an

emergency at or in the vacant building or premises. An emergency includes a fire, serious police incident, natural disaster, or other condition that requires an immediate response to prevent adverse health impacts and risk substantial danger of injury to persons or property.

The designated person shall be at least twenty-one (21) years of age, be authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building, and be capable of being contacted twenty-four (24) hours a day and seven (7) days a week.

In the application for the certificate of registration, the owner shall supply the name, street address, mailing address, facsimile number, e-mail address, and telephone number of the designated person to the city.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-72. - Inspections of vacant buildings.

(a) An applicant or registrant shall permit representatives of the city to inspect, at reasonable times and upon request, the interior of the vacant building to determine whether the vacant building complies with this article, any other city ordinance, or any state or federal law. An applicant or registrant also shall permit subsequent inspections, at reasonable times and upon request, until the noted violations have been remedied.

(b) The code enforcement director shall inspect the interior and exterior of a vacant building at least once during each twelve-month period.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-73. - Insurance required.

The owner shall maintain in full force and effect liability insurance during the registration period for the vacant building in an amount of not less than one million dollars ($1,000,000.00) for any vacant building. The policy shall designate the city as an additional insured and cover any loss or damage resulting from damages to persons or property resulting from the owner's supervision, management, and maintenance of the vacant building, the use of the building, or a condition of the vacant building. The insurance policy shall require notice to the building official within thirty (30) days of the policy's lapse, cancellation, or change in coverage. The insurance policy must be written by an insurance company approved by the State of Texas and issued in a standard form approved by the Texas Department of Insurance. The owner shall provide a current certificate of insurance upon application, reinstatement, or renewal of the certificate of registration and every six (6) months that the building is required to be registered pursuant to this article. Upon a reasonable request by the building official, the owner shall provide the building official such additional information and documents as are necessary to ensure compliance with this section.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-74. - Vacant building plan and inspections by the owner.

(a) Vacant building plan required. At the time that the owner applies for a certificate of registration or renewal of the certificate of registration, the owner shall submit to the building official a vacant building plan containing the following information:

(1) The amount of time that the building is expected to remain vacant;

(2) A plan and time table for correcting all current violations of city ordinances and state and federal law at the building or its premises;

(3) A plan for regular maintenance of the building during vacancy in compliance with city ordinances and state and federal law;

(4) The measures that the owner will take to ensure that the vacant building is secured according to subsection 8-26(j) of The Code of Civil and Criminal Ordinances of the City of Irving;

(5) The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during the building's vacancy, including provisions for lighting, security patrols, alarm systems, and fire suppression systems or execution of a trespass affidavit, allowing peace officers to enforce criminal trespass laws at the property; and

(6) The measures that the owner will take to monitor and inspect the vacant building and its premises on at least a weekly basis; such inspections must be performed by a person who is at least twenty-one (21) years of age and authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building.

(b) Approval of plan by building official. The vacant building plan submitted by the applicant must be approved by the building official, which approval may not be unreasonably withheld. The building official must approve or disapprove the vacant building plan within ten (10) working days of receipt.

(c) Notification of change. A registrant shall notify the building official in writing of any material change in the information contained in the vacant building plan within seven (7) days of the change. Such change must be approved by the building official and may form the basis of a revocation of the certificate of registration.

(d) Inspection by the owner. The owner of a vacant building shall monitor and inspect the vacant building and its premises on at least a weekly basis; such inspections must be performed by a person who is at least twenty-one (21) years of age and authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building. If within fourteen (14) days of the city observing that a vacant building, for which a vacant building plan has been filed, is unsecured or that weeds remain uncut or litter remains on the property in violation of city ordinances, there is a presumption that the owner has failed to inspect the vacant building and its premises on a weekly basis.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-75. - Removal of combustible materials from vacant building.

The owner of a vacant building shall maintain the interior of the vacant building or vacant portion of the building free from refuse, garbage, industrial waste, trash, rubbish, or combustible material.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-76. - Result of issuance of a certificate of registration of a vacant building.

Upon issuance of a certificate of registration of a vacant building, the building official shall revoke the certificate of occupancy for the vacant building.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-77. - Notices by city.

A notice required to be given by the city pursuant to this article is deemed to have been delivered by the city on the date that it is hand delivered to the applicant/registrant or three (3) days after the date the notice is placed in the United States mail to the address provided by the applicant/registrant in the application for the certificate of registration.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-78. - Authority of building official.

The building official shall implement and enforce this article and may establish in writing such policies, regulations, or procedures, not inconsistent with this article as the building official determines are necessary to discharge any duty under or to affect the policy of this chapter.

(Ord. No. 2009-9081, § 2, 6-11-09)

Sec. 8-79. - Violations; penalty.

A person who violates a provision of this article, or fails to perform an act required of the person by this article commits an offense. A person commits a separate offense each day or portion of a day during which the violation is committed, permitted, or continued.

(Ord. No. 2009-9081, § 2, 6-11-09)