From
Jana Mims
Title
An ordinance amending Chapter 28, "Housing Enforcement," of the city Code of Ordinances Article I, providing definitions, providing enforcment and penalties; and establishing Article III "Multi-Family Housing Standards" to establish standards, inspection procedures, and certification and decertification including a rating system and fees; and amending Chapter 29, "Code Enforcement," to remove all references to Apartment/Multi-Family Housing except where adopted by reference in Chapter 28
Presenter
William A. Hills, Director
Recommended Action
Approve
Analysis
This proposed ordinance has been presented to the City Council, Finance and Government, Public Safety, and Development Committees. In recent years, there has been an increase in the deterioration of our aging multi-family communities, both in structural integrity and increased criminal activity. The number of tenant complaints has increased; as well as calls for city Police, Fire and Medical services. Housing and Neighborhood Services, in cooperation with the Grand Prairie Police Department, proposed to amend and expand the regulations for multi-family housing operations to deter criminal activity, improve property maintenance in Multi-family Housing (MFH),and increase owner/management accountability.
Housing and Neighborhood Services and the Police Department efforts have resulted in the development of an ordinance which will significantly improve the overall quality of the Multi-Family Housing in the City of Grand Prairie. Under this ordinance, the city will continue the standard process of inspections and addressing code issues at all Multi-Family Housing units; however, Housing Enforcement Officers and the Police Department’s problem solving unit will now also address public safety issues occurring on the properties through the Crime Free Multi-Family Housing program as well.
Housing and Neighborhood Services will begin utilizing a Calls For Service (CFS) ratio (dividing the number of disturbance calls by the number of apartment units) for each property. Based on those criteria, the city will determine a Tier rating of I, II, or III (Tier I being the best, Tier II standard, and Tier III being unacceptable) for each property. Lower Tiered properties will be subject to additional inspections, additional fees (for additional inspections), and a requirement for security.
We are requesting that the City Council approve this ordinance making its effective date January 1, 2013, with all associated penalties for lower Tier ratings (Tier II and/or III properties) enforced beginning January 1, 2014.
Financial Consideration
The proposed fee structure is contained within the ordinance, with no increase in fees during the 2013 implementation period anticipated.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 28, "HOUSING ENFORCEMENT," OF THE CITY CODE OF ORDINANCES ARTICLE I; AND PROVIDING DEFINITIONS, PROVIDING ENFORCEMENT AND PENALTIES, AND ESTABLISHING ARTICLE III MULTI-FAMILY HOUSING STANDARDS' TO ESTABLISH STANDARDS, INSPECTION PROCEDURES, AND CERTIFICATION AND DECERTIFICATION INCLUDING A RATING SYSTEM AND FEES;AND AMENDING CHAPTER 29, "CODE ENFORCEMENT," TO REMOVE ALL REFERENCES TO APARTMENT/MULTI-FAMILY EXCEPT WHERE ADOPTEDBY REFERENCE IN CHAPTER 28.
WHEREAS, there has been an increase in the deterioration in both the structural integrity and criminal activity of our aging multi-family communities; and
WHEREAS, the city council is determined to protect the health, safety and welfare of our citizens residing in or around multi-family communities; and
WHEREAS, this ordinance can significantly improve the overall quality of multi-family housing in the City of Grand Prairie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. that Chapter 28 "Housing Enforcement," Article I is hereby amended and Article III is established to read as follows;
Article I. IN GENERAL
Sec. 28-1. - Definitions.
For the purpose of this article, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this section. Terms, words, and phrases, and their derivatives used but not specifically defined in this article, shall have the meaning ascribed in any currently adopted building code.
Annual fee: An annual fee is hereby authorized to be charged to the ownership of all apartment communities to provide for inspections to insure compliance with the requirements of this chapter.
Apartment: A dwelling unit as defined in this article.
Apartment complex: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of five (5) or more families living independently of each other in dwelling units as defined in this article.
Appropriate city official or appropriate city officer: refers to the city officer and employees that are authorized to enforce the provisions of this chapter and other city ordinances and the laws applicable within the city. These officials are set out for example in section 28-2, but are not limited to those officials. Any employee or agent of the city authorized to enforce the provisions and to inspect or examine buildings or property within the city will qualify as an appropriate city official.
Approved: As to materials and types of construction, refers to approval by the code compliance manager, or his authorized representative, as the result of investigation and tests conducted by the code compliance manager, or his authorized representative, or by reason of accepted principles or tests by national authorities, technical or scientific organizations.
Building: Any building or structure, or portion thereof, which is used, or designed or intended to be used, for human habitation, for living, sleeping, cooking, working or eating purposes or any combination thereof. For purposes of this chapter, the term shall include a manufactured home, mobile home, prefab building, manufactured building, industrial building, site built building and any structure which is used or designed to be used for human habitation.
Building code: A set of rules that specify the minimum acceptable level of safety for constructed objects such as buildings and non-building structures, and for various components of those structures. The main purpose of the building codes is to protect public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures. The building code becomes law of a particular jurisdiction when formally enacted by the appropriate authority. Grand Prairie has adopted several sets of building codes, and when the word is used in this chapter and in this Code of Ordinances, the term is construed to mean the applicable building code, any notation as to the year of publishing and any revisions, amendments or replacements. It also includes any applicable local amendments or modifications as they are adopted by the city council. The term includes, but is not limited to: The International Building Code, International Plumbing Code, International Mechanical Code, Uniform Housing Code, International Fire Code, National Electric Code, Uniform Swimming Pool Code, International Residential Code and International Energy Conservation Code.
Commissioned security officers: Are officers who have successfully passed a state and national criminal history check and the thirty-hour training class provided by the Private Security Bureau of the Texas Department of Public Safety.
Court: An open, unoccupied space, bounded on two (2) or more sides by the walls of the building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts.
Crime Free Multi-Housing: The CFMH program provides partnership between police, local property owners/managers, housing department and residents to foster a safe, healthy, crime-free community in rental housing. The program uses a unique three-phase approach that ensures resident-friendly techniques that will be applied to achieve crime prevention goals. Management training, security assessment and resident safety/crime watch make up the components. The Crime Free Program does not imply there is no crime in a designated area, but rather this is to warn that there can be serious consequences for any one affiliated with illegal/criminal activity.
Drug related: Includes, but is not limited to, the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, giving away, providing a place to use, or fortification of a place involving any illegal or controlled drug, narcotic or drug paraphernalia.
Dwelling: Any building or any portion thereof, which is not an apartment house, a lodging house or a hotel, as defined in this article, which contains one (1) or two (2) dwelling units or guest rooms, used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.
Dwelling unit: A suite of two (2) or more habitable rooms which are occupied or which are intended or designed to be occupied by one (1) family with facilities for living, sleeping, cooking and eating.
Existing (apartment) building: A building erected or one for which a legal building permit has been issued prior to the adoption of this article originally.
Exit: A continuous and unobstructed means of egress to a public way, and shall include intervening doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exterior courts and yards.
Family: An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons (excluding servants), who need not be related by blood or marriage, living together in a dwelling unit.
Grade (ground level): The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the above ground level shall be measured from the sidewalk.
Habitability: All apartment units, hotel and motel rooms and all buildings made available for residence must be fit for humans to live, and will meet all other building or health requirements to allow for sleeping, living, cooking or eating purposes, and will include appropriate connections for all necessary sanitary and mechanical facilities.
Habitable room: Any room meeting the requirements of this article for sleeping, living, cooking or eating purposes excluding such enclosed places as closets, painters, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
Interior lot: A lot other than a corner lot.
Kitchen: A room used or designed to be used for the preparation of food.
Let or let for occupancy: To permit, provide or offer possession or occupancy of a dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to recorded or unrecorded agreement of contract for the sale of land.
Manager: Shall mean any person who manages the business operations of any hotel or bed and breakfast inn, including the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, or handles guest affairs and oversees security.
Nuisance: Shall be defined as follows:
(1) Any public nuisance known at common law or equity.
(2) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, septic tanks, or excavations; abandoned refrigerators or motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental to health, safety and welfare.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewerage or plumbing facilities.
(7) Uncleanliness.
(8) Whatever renders air, food or drink unwholesome or detrimental to the health, safety and welfare of human beings.
(9) An abandoned structure, basin chamber, pool or tank located indoors or outdoors containing an artificial body of water intended to be used for swimming, diving or recreational bathing, including spas or hot tubs, which becomes unfit to be used for the purpose intended
Occupied space: The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane excluding permitted projections as allowed by this article.
Operator: Any person who is the proprietor of any hotel or apartment complex, whether in the capacity of the owner, lessee, receiver, sub-lessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the dwelling unit.
Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Person: An individual, corporation, partnership or any other group acting as a unit.
Prostitution related: Includes, but is not limited to, city and/or state codes violations that involve prostitution or prostitution related crimes; such as pimping or pandering.
Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling of roof above. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such basement or cellar shall be considered a story.
Structure (accessory)/service room: Any room used for storage, bath or utility purposes, and not included in the definition of habitable room.
Substandard building: See section 28-18.
Superficial floor area: That net floor area within the enclosing walls of the room in which the ceiling height is not less than five (5) feet, excluding built-in equipment such as wardrobes, cabinets, kitchen units or fixtures.
Tier 1: As defined.in this chapter.
Tier 2: As defined in this chapter.
Tier 3: As defined in this chapter.
Used: Used or designed or intended to be used.
Vent shaft: A court used only to ventilate or light a water closet, bath, toilet or utility room or other service.
Window: Glazed opening, including glazed doors, which open upon a yard, court or recess from a court, or a vent shaft open and unobstructed to the sky.
Yard: An open, unoccupied [area] other than a court, unobstructed from the ground to the sky, except where specifically provided by this article, on the lot on which a building is situated.
Sec. 28-2. - Departments-Authority to enforce.
(a) Official designated. The housing and neighborhood services director, environmental services director, fire chief or fire marshall and all duly authorized employees of their departments shall have the authority to enforce provisions of this chapter and other city ordinances relating to enforcement procedures set forth in the Code of Ordinances for the city concerning apartment houses, complexes and hotels. This shall not be construed so as to prevent employees of another city department, division or other authorized personnel of the city from enforcing the provisions of this chapter.
(b) Right of entry. Upon presentation of proper credentials, the proper city official or his authorized representatives may enter any building, structure or premises in the city to perform any duty imposed upon such officers by this article. This includes the ability of the city staff to ask a competent person with knowledge of building construction and/or conditions to accompany them, and includes the ability for the city staff to take pictures or obtain samples for testing.
Sec. 28-3. - Same-Duties.
The chief building official, housing and neighborhood services director, and environment services director shall be in charge of the appropriate compliance. Each department or division shall be responsible for enforcement of this chapter and of the city's environmental, housing, and zoning codes and ordinances. The appropriate director or manager shall designate employees to enforce City Code provisions. Enforcement personnel shall be responsible for performing recurring inspections of properties in order to cause the abatement of environmental, health, zoning and housing nuisances.
Sec. 28-4. - Jurisdiction and authority of municipal court in code, housing, and environment enforcement.
(a) The Municipal Court of Record of the City of Grand Prairie is hereby given civil jurisdiction to enforce the municipal ordinances in this chapter and other city ordinances that were authorized under V.T.C.A., Local Government Code ch. 214, subch. A (and any viable preceding legislation or future amendments to such subchapter, which deals with dangerous structures).
(b) The municipal court of record is hereby given concurrent jurisdiction with a district court or a county court at law within the city limits and for property owned by the city located in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances, including the ordinances in this chapter of the Code of Ordinances or ordinances found elsewhere.
(c) The municipal court of record is hereby given authority to issue search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation and authority to issue seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
Sec. 28-5. - Purpose.
The purpose of this chapter is to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of hotels and multi-family properties.
Sec. 28-6. - Applicability of chapter.
(a) General. The provisions of this chapter shall apply to all buildings or portions thereof, used, or designed or intended to be used as a hotel or multi-family properties. Such occupancies in existing buildings may be continued as provided in the applicable currently adopted building code, except such structures as are found to be substandard, as defined in this chapter. Where any building or portion thereof is used or intended to be used as a hotel or multi-family properties, the provisions of this chapter shall apply to the separate portions as if they were separate buildings.
(b) Alteration. Existing hotels and multi-family properties which are altered or enlarged shall be made to conform to this chapter insofar as the new work is concerned.
(c) Relocation. Existing hotels and multi-family properties which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this chapter and the ordinances of the city.
Sec. 28-7. - Chapter cumulative.
In any case when a provision of this chapter is found to be in conflict with any other section of this Code of Ordinances, any applicable building code, any regulation adopted pursuant thereto, or any other ordinance or regulation of the city, the provision which established the higher standard for the promotion of the health, safety and general welfare of the people shall govern.
Article III. Multi-Family Housing Standards
Sec. 28-17. - Applicable chapter 29 standards.
The requirements of chapter 29 relating to space and occupancy standards, structural requirements, mechanical requirements, exits, fire protection, abatement of prohibited condition, and substandard buildings are adopted for this chapter. Additionally Article III of chapter 29 section 28, referring to Dangerous Structures is adopted by reference.
Sec. 28-18. - Multi-Family Housing complexes generally.
(a) The owner or owners, their agents and employees, of any apartment complex within the city shall comply with the following requirements set forth in this section.
(b) For purposes of this section:
(1) Apartment complex shall mean two (2) or more apartment buildings under common ownership or management which are situated on one (1) lot or adjacent lots and operated or managed as a single entity;
(2) Apartment building shall mean a structure containing (2) or more self-contained groups of common rooms which are designed, constructed and used as dwelling units;
(3) Operated or managed as a single entity shall mean a group of two (2) or more apartment buildings which has a single person, firm, corporation, partnership, association, agent or employee thereof who is responsible for the management, control, maintenance or supervision of the apartment buildings whether by written or oral agreement to conduct said management, control, maintenance or supervision.
(4) However, under no set of circumstances shall the provisions of this section apply to multi-family living units which have two (2) or less dwelling units.
(c) Nothing in this section is to be interpreted to apply the provisions of this section to condominium units. For purposes of this section, "condominium unit" shall mean any building or collection of buildings which have separate dwelling units owned by the person or persons living in the units which share common areas.
(d) Security devices.
(1) All exterior doors other than sliding glass doors, screen doors or garage doors, but including doors between the living area and the garage, are to be equipped with deadbolt locks and either night latches, and, in accordance with V.A.T.S., Property Code § 92.151 et seq., or any amendments thereto, a keyless bolting device and a door viewer.
a. A "deadbolt lock" shall mean a lock in a door, with the lock operated from the exterior by a key and from the interior without a key by knob or lever.
b. A "night latch" shall mean a disc (door stopper) latch or door lock, with the lock operating without a key and only from the interior by knob or lever.
c. A "keyless bolting device" is defined as a door lock not in the doorknob that locks with a bolt into a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed or into a metal doorjamb that serves as the strike plate, operable only by knob or lever from the door's interior and not in any manner from the door's exterior, or as otherwise described in the property code, and shall not include a chain latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-mounted barrel bolt, surface-mounted swing bar door guard, spring loaded night latch, foot bolt or other lock or latch. The exceptions of the property code apply relative to the age of the tenants.
(2) Upon the permanent departure of a tenant by way of either expiration of the lease, or by way of forcible entry and detainer action, apartment complexes shall change or alter the deadbolt lock and doorknob lock in such a way as to ensure that the key or keys owned by the previous resident shall not be capable of unlocking the deadbolt lock and doorknob lock. For purposes of this subsection, "rekeying" shall mean altering the internal order of the tumblers in the deadbolt lock in such a way as to render operation of the deadbolt lock or doorknob lock by the previous key ineffective. This requirement may be met by either replacing the deadbolt lock and doorknob lock or by rekeying the deadbolt lock and doorknob lock.
(e) All exterior sliding glass doors are to have pin locks in addition to the manufacturer lock. For purposes of this subsection, "pin lock" shall mean a sliding glass door lock, with the lock operated without a key and only from the interior.
(f) All windows are to have at least one (1) window latch. For purposes of this subsection, "window latch" shall mean a lock on a window capable of being opened, with the lock operated without a key and capable of being operated only from the interior.
(g) All apartment complexes shall have exterior lighting in all areas accessible to the general public, including, but not limited to, common areas and parking lots. All such lighting is to be controlled by a photo cell or seasonally adjusted timer switch. The intensity of said lighting is to be no less than 0.25 foot candle power in all areas accessible to the general public as measured between 2 and 4 feet from the ground.
(h) Each apartment complex shall designate a person, who is a full-time paid employee who may be contacted in the event of an emergency. The phone number for an emergency contact shall be prominently displayed on the front entry door of the offices of that apartment complex.
(i) It is the official policy of the city to encourage participation in the Crime Free Multi-Housing Program and on-site security measures at all apartment complexes within the city and to encourage controlled entry systems for those apartment complexes where such systems would be feasible.
(j) The purpose of Crime Free Multi-Housing is to protect the health, safety, morals, and welfare of the occupants of apartment complexes and other citizens of the city of Grand Prairie by obtaining greater compliance with minimum property standards through the establishment of a Crime Free program thereby reducing the crime rate within the apartment complexes. The program utilizes three key phases to reduce crime in rental communities: Phase I (Advanced Management Techniques Seminar) is designed for the owner and/or the key property employees such as managers, leasing agents and maintenance supervisors. Phase II of the program requires the landlord to meet the minimum-security requirements of Crime Prevention Through Environmental Design (C.P.T.E.D.). Phase III of the program involves property management hosting a Safety Social event annually for the residents of their community.
Sec. 28-19. - Annual Multi-Family Housing Inspection procedures.
(a) Each year, the city staff notify the owner/manager of the property 30 days prior to the initial inspection and shall inspect the apartment units available for habitation, under such appropriate rules and regulations as may be established by the city department responsible for such inspections. The staff may inspect every unit available for rental each year, or may conduct such inspections based upon the age of the units, the history of violations at the apartment complex, and whatever other factors may be applicable. If the inspection of less than the total amount of units at the apartment complex reveals numerous violations, the Housing and Neighborhood Services Director may direct the inspection of other units up to 100% and citations may be assessed as applicable.
(b) If the owner or manager of an apartment unit does not intend to offer unit or units for habitation purposes at the time of inspection, such owner or manager may designate the units that will not be occupied, with the effect that such units may not be occupied or made available for occupancy until such time as the owner or manager has submitted such units for inspection by the appropriate city staff that conducts such inspection, and until such time as the vacant unit has been approved for habitation.
(c) There shall be an inspection and if necessary, re-inspection fee for each unit, which may be amended by action of the city council. Such fee, whether or not a unit designated for occupancy is actually inspected or if the officers inspect a representative sample of the units is required. If it is necessary to re-inspect a unit to determine if corrections have been made, such re-inspection shall be subject to a fee per unit and/or building.
(d) If units are designated as unoccupied by the owner or management, they need not be submitted for the annual inspection until such time as such owner or manager shall prepare the unit for occupancy, unless, in the opinion of the city staff responsible for conducting the inspections, there is reason to believe that the vacant unit is in such a condition that it could affect other units within the same building, or that the vacant unit has some structural or internal damage that is or is not visible from the outside, but which affects other units to the effect that they may not be habitable. In addition, if the number of units that are designated as uninhabitable constitute a majority of a building or area of the complex, the vacant units may be designated for inspection at the discretion of the city staff members responsible for such inspections.
(e) If an inspection is required of vacant or unoccupied units, either by the owner or manager or the city, all appropriate inspection and reinspection fees will be due.
(f) If the owner or manager of an apartment complex or building, does not make the apartment available for inspection, they are subject to citation. If a unit has been designated as unoccupied, it shall not be rented or made available for occupancy until such unit has been submitted for inspection and has been approved for occupancy by the city.
(g) At least ten (10) days prior to any inspection, the owner or manager of an apartment complex shall cause to be issued to each tenant of the apartment complex a notice of inspection. The notice of inspection shall contain, at a minimum, the date and time of the inspection, and the office number of the code enforcement division. The property representative must provide a signed notice of inspection, giving authorization for the housing enforcement officer to inspect all occupied units.
(h) At least three (3) days prior to any inspection called for under subsection (1) above, the owner or manager of an apartment complex shall contact the housing enforcement division to determine the number of officers from the housing enforcement division that will conduct the inspection. The owner or manager of the apartment complex will then make provision for an employee and/or employees of the apartment complex to accompany the officer(s) for the entire time that the officer(s) is/are on apartment complex property. The intentional failure to provide such employee and/or employees to accompany the officer(s) is an offense that is subject to citation.
(i) In preparation for annual inspection, the owner, manager or operator will make provisions to have the calculated number of units made available for inspection based upon the table below:
|
Age of Complex |
Tier 1 |
Tier 2 |
Tier 3 |
|
1 - 9 years |
10% |
20% |
50% |
|
10 - 19 years |
20% |
50% |
100% |
|
20 - 25 years |
30% |
60% |
100% |
|
26 years + |
40% |
75% |
100% |
It shall be unlawful for the Apartment Manager/Owner to not make available the number of units identified by ratio for inspection.
(j) All apartment complex building units and all apartment units shall be identified by their appropriate numbers and/or letters. The numbers and/or letters of the building units shall be of highly contrasting colors to the background surface on which they are mounted and located so as to be clearly visible from the adjacent street or streets. For purposes of this section, the term "apartment complex" shall mean any group of two (2) or more apartment building units. For purposes of this section, the term "building unit" shall mean any building or structure which houses two (2) or more apartment units. For purposes of this section, the term "apartment unit" shall mean any group of rooms which are designed or used primarily for human habitation.
(1) Apartment complexes of two (2) or more building units shall have the individual building number and/or letters identified with figures as to be plainly visible from the abutting street or streets. The building unit numbers and/or letters shall measure twelve (12) inches in height with a two-inch stroke. The lowest and highest identification numbers and/or letters for the individual apartment units in that building unit shall be mounted directly under the building unit numbers and/or letters and shall measure five (5) inches high with a three-quarter-inch stroke. Individual apartment units shall have the appropriate apartment unit numbers and/or letters on or over the main entrance of each apartment unit and such apartment unit numbers and/or letters shall not be less than three (3) inches in height. Building units having streets on more than one (1) side shall have the building unit identification numbers and/or letters on at least two (2) sides facing the streets. The fire marshal's office shall designate on the site plan which sides of the building unit are to be identified with the appropriate numbers and/or letters.
(2) The front and rear numbering requirements of this section shall be the duty and responsibility of the owner, agent, and manager of each apartment unit within the city limits.
(3) Building unit numbers must be clear from any form of obstruction.
Sec. 28-20. - Annual Multi-Family Housing Certification.
(a) Annual application. An application for an annual apartment certification to operate shall be filed with the housing and neighborhood services director on a yearly basis by the operator of each apartment complex. The deadline for submitting the application shall be January 1st of the applicable year or if this date falls on a Saturday or Sunday, on the next business day. The application shall be submitted with the defined processing fee of one hundred fifty dollars ($150.00) and a photo copy of the driver’s license of the property manager or other individual that is completing the application. The processing fee will be waived if the apartment complex is a certified participating member, in all phases, of the Grand Prairie Police Crime Free Multi-Housing Program or scored as a Tier 1 Property the previous year. The apartment certification shall be issued or denied within sixty (60) days upon receipt of the completed application. Application for an annual apartment certification shall be filed on forms provided by the city.
(b) Authorization. The application for an apartment certification hereunder shall constitute the consent of the applicant and owner to an inspection of the entire licensed premises at reasonable times by the housing enforcement officers, code enforcement officers, building inspectors, sanitarian inspectors, and fire inspectors of the City of Grand Prairie and other authorized agencies of the City of Grand Prairie for the purpose of determining whether there is any violation by the premises sought to be permitted of any ordinances of the City of Grand Prairie or any law of the State of Texas.
(c) Change in operator. Whenever a change in the operator occurs at an existing apartment complex, the new operator shall apply for an annual apartment certification to operate within ten (10) business days after the effective date of the change in operator. If the prior operator’s apartment certification to operate was denied or revoked, a provisional apartment certification may be issued with special conditions designated by the housing and neighborhood services director.
(d) Change in owner. Whenever a change in the owner occurs at an existing apartment complex, the owner shall apply for an annual apartment certification to operate within ten (10) business days after the effective date of the change in ownership. If the prior owner’s apartment certification to operate was denied or revoked, a provisional apartment certification may be issued with special conditions designated by the housing and neighborhood services director.
(e) Certification term. Certifications shall be for a period of one (1) year commencing on January 1st and terminating on the last day of December of the respective year.
(f) Certification display. The management shall display the apartment certification in the leasing office in an open and conspicuous place.
(g) It shall be unlawful for an apartment complex not to submit the application and applicable fees.
Sec. 28-21. - Multi-Family Housing Certification-Grounds for denial.
(a) The housing and neighborhood services director may deny an apartment certification (during the application process of any new property owner) to Tier 1, Tier 2, and Tier 3 apartments for any of the following reasons:
(1) The apartments do not comply with the minimum requirements of Tier 3 standards;
(2) The owner/operator and/or their property manager is or has been a registered sex offender; or
(3) Three (3) years has not expired from either the date the applicant and/or their manager was convicted or completed parole or probation for any offense which relates directly to the operation of an apartment, whether as an owner, operator, or manager, or from any offense constituting a class B (or higher) misdemeanor related to drugs and/or prostitution or felony involving weapons, narcotics, assault, or crimes of moral turpitude.
(4) The applicant has, within three (3) years immediately preceding the date of filing the application, had an apartment certification suspended or revoked in any jurisdiction.
(5) The applicant has knowingly made a material misstatement in the application for the Tier 3 apartments may also be denied an apartment certification to operate if their summary grading score falls to a Tier 3 level based on CFS ratio and the apartment fails to meet the Tier 1 or Tier 2 CFS ratio within twelve (12) months of being notified of their Tier 3 standing.
Sec. 28-22. - Multi-Family Housing Certification-Revocation.
(a) The housing and neighborhood services director may have an apartment’s certification revoked (at any time for cause) if the owner or operator is convicted of drug related or prostitution related crimes.
(b) A Tier 3 apartment may have their apartment certification revoked by the housing and neighborhood services director if the property is not improved to a minimum Tier 2 rating by the next annual inspection date.
(c) In processing a revocation, the housing and neighborhood services director shall prepare an investigation report that details the circumstances that have led to the revocation. It may include, but not be restricted to, any or all of the following:
(1) Frequency or occurrence of violation(s), arrest(s), or call(s) for service;
(2) Seriousness of the violation(s), arrests(s), or call(s) for service;
(3) History of violation(s), arrest(s), or call(s) for service;
(4) Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem;
(5) The impact of the violation(s), arrest(s), or call(s) for service on the surrounding property and community;
(6) The financial impact to the city.
(d) Upon notice of revocation, the owner may appeal the revocation within twenty (20) days to the municipal court. If the revocation is sustained or not appealed, it remains in effect for twelve (12) months.
Sec. 28-23. Multi-Family Housing Classifications
(a) Calls for Service (CFS). Calls for Service are used to calculate the Calls for Service Ratio. Calls include, but are not limited to serious emergency calls for service, (police and fire) that result in a city employee being dispatched or directed to the apartment complex.
This shall include any calls within the surrounding neighborhood that, through information or investigation, can be attributed or traced to the apartment premises, and any self-initiated activity and/or investigation based on the observation(s) of an emergency services representative. Calls for service shall be measured per event or occurrence at an apartment. Multiple calls for one discrete event shall count as one call for service. Calls for Service include but are not limited to;
(1) Any and all high priority emergency service calls;
(2) Commission of crimes that are drug related or drug related arrests;
(3) Commission of crimes that are prostitution related or prostitution related arrests;
(4) Commission of calls that are a breach of the peace;
(5) All fire alarms at an apartment complex;
(6) Immediate public safety and health issues at an apartment;
(7) Property related crimes.
(b) Calls for Service Apartment Ratio. The ratio is calculated by taking the number of Calls for Service divided by the total number of apartment units in an apartment community over one year. Apartment communities with an annual ratio of greater than 1.00 calls per unit will be subject to a reduced Tier rating and possible certification revocation.
(c) New Apartment Community Tier Rating. An apartment community which has not previously operated in Grand Prairie shall be presumed to be a Tier 1 apartment community for the first year of its operation.
(d) Summary Grading Score. The Summary Grading Score (SGS) is utilized to assess the number and types of serious outstanding violations, code convictions and calls for service observed on a property annually. Each property will receive a Tier rating based on the SGS which has a maximum of 100 points. Tier 1 scores indicate that a property has obtained a score between 80 and 100. Scores between 70 and 79 are identified as Tier 2 properties as described in this ordinance. Scores of 69 and below will be identified as a Tier 3 property as described in this ordinance. All properties will be subject to Tier requirements.
(e) Tier Rating Calculation. The Tier Rating will be calculated using the Calls for Service Apartment Ratio (CFSAR), and Summary Grading Score (SGS) for each apartment community located within the City of Grand Prairie during the previous calendar year, or during actual operations if less than twelve (12) months.
Tier 1. Acceptable: SGS is 80 - 100
Tier 2. Low: SGS is 70 - 79
Tier 3. Unacceptable: SGS is 69 and below
(f) Tier Notification. Upon completion of the annual inspection in each calendar year the Housing and Neighborhood Services Director shall notify each apartment representative within the City, in writing, of their Tier classification.
(g) Tier Appeals. To appeal the Summary Grading Score (SGS) or tier classification, a written request must be submitted to the Housing and Neighborhood Services Director within ten (10) days of receiving their designation.
Sec. 28-24. Tier Rating for Multi-Family Housing Requirements.
(a) Tier 1 Properties are those that receive a Summary Grading Score between 80 - 100.
(b) Tier 2 and Tier 3 Property Requirements. Tier 2 and Tier 3 property owners, operators, property managers or any person who lets shall require the head of a household to provide evidence of his or her identity in addition thereto, the full and true identity of each individual that will be residing in the apartment.
(1) Tier 2 apartment communities will be inspected on a semi-annual basis
(2) Tier 3 apartment communities will be inspected on a quarterly basis
(3) If an apartment community obtains a Tier 2 rating due to their Calls for Service Ratio, the apartment community is required to become a certified participating member, in all phases, of the Grand Prairie Police Crime Free Multi-Housing Program.
(4) Tier 3 apartment communities are required to become certified participating members of the Grand Prairie Police Crime Free Multi-Housing Program.
(c) Tier 3 Property Requirements.
(1) Tier 3 property owners are required to have twenty-four (24) hour on site security provided by commissioned security officers or licensed TCLEOSE certified peace officers if the low Tier rating is based on points lost due to high CFS.
(2) All commissioned security officers while working for a Tier 3 property must be in uniform and must be registered and hold a Class B Security Contractor License issued from the Private Security Bureau of the Texas Department of Public Safety.
(3) Apartment communities with an initial SGS of 69 and below will require quarterly inspections. Additionally, the property will be subject to citation.
Sec. 28-25. Unsecured vacant Multi-Family Housing building
No owner or person having charge of any unoccupied apartment building or similar structure within the city shall leave said building or structure unlocked, un-boarded or otherwise unsecured, so that unauthorized persons may enter said building or structure. An unsecured apartment building or structure shall constitute prima facie, a condition of immediate danger from fire to the building and adjoining buildings and the HNS Director, or such official's designated representative shall immediately notify the owner of said unsecured building to secure the same, and if said structure or building is not secured within forty-eight (48) hours after the owner or person in charge of the building has been notified, the code compliance manager or such official's designated representative shall secure the apartment building at the expense of the owner or person in charge of said building or structure, the cost of expense of the work required to secure such building to be charged against the owner of the property as provided by Article 4436, Vernon's Annotated Civil Statutes, as amended.
Sec. 28-26. Partially burned Multi-Family Housing buildings.
Whenever any apartment building or other like structure in the city is partially burned, the owner, or any person in charge or control thereof, shall, within thirty (30) days after notice from the appropriate city official or designee, remove all refuse, debris, charred and partially burned lumber and material from the premises, and begin making the necessary repairs to the building. If said building or structure shall be burned to such an extent that it is rendered incapable of being repaired as required by this or any other provision of the ordinances of the city, the owner of the property upon which same is located, or person in charge or control thereof, shall remove all of the remaining portion of the building or structure from the ground. In this regard, the appropriate city official shall notify the building advisory and appeals board and other necessary officials of the city for appropriate proceedings under article III of chapter 29.
Sec. 28-27. Multi-Family Housing Inspection Fee Schedule
(a) A fee shall be authorized to be charged to the responsible party to provide for inspections to insure compliance with the requirements of this chapter. The fee shall be twelve dollars and sixty cents ($12.60) per unit per year and shall be charged to the ownership of each apartment community.
(b) Fees for Tier II ($18.90) and Tier III ($25.20) apartment communities are increased due to the required number of mandatory inspections. Inspection fees paid more than sixty (60) days after the due date will incur a five (5) percent late fee.
(c) A re-inspection fee of twenty-five dollars ($25.00) will be assessed for any units/buildings requiring a second and/or subsequent re-inspections due to substandard conditions. Re-inspection fees paid more than sixty (60) days after being assessed, will incur a five (5) percent late fee.
(d) All inspection fees including but not limited to annual and re-inspection fees are subject to the issuance of citation if not paid within 30 days of issuance.
(e) After notification by the Housing and Neighborhood Services Director, each apartment complex will be billed the inspection fees associated with their Tier Rating.
(f) It shall be unlawful not to pay annual and/or re-inspection fees within 30 days of issuance.
Sec. 28-28. - Penalty and fines.
(a) Failure to comply. Any person, whether as owner, manager, tenant, or other person in charge of the property, who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof; who shall erect, construct, alter, demolish or move any structure, without an appropriate permit; or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punished by a fine as provided in Section 1-8 of the Code of Ordinances. Citations and fines may be issued or enforced in addition to any civil action or revocation of permit.
(b) Fines. Any person, firm, corporation, partnership, association, or agent having primary responsibility for discharge of a duty imposed by law under this section who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), unless such violation is a violation of an ordinance or regulation affecting zoning, fire safety, or public health and sanitation, in which case the fine shall not be more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 6TH DAY OF November, 2012.