Download Chapter 8 - BUILDING STANDARDS CODE [21]

Chapter 8 - BUILDING STANDARDS CODE [21]
ARTICLE I. - IN GENERAL
Sec. 8-1. - Short title.
Sec. 8-2. - Chapter construction.
Sec. 8-3. - References to laws.
Sec. 8-4. - Definitions.
Sec. 8-1. - Short title.
The title of this chapter is the "Irving Building Standards Code."
(Ord. No. 2008-9000, § 2, 10-2-08)
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.
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.
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 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. Individuals living together as a single housekeeping unit.
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. Food waste.
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.
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.
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.
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.
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. All garbage, trash, and rubbish.
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. Combustible or noncombustible solid waste that is not putrescible, such as paper,
wrapping, cigarettes, cardboard, yard clippings, leaves, wood, glass, plastic, metal, bedding, crockery,
and similar materials.
Single location. Property held in common ownership that is on a single tract or on contiguous
tracts separated only by public streets.
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 mastermetered 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.
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)
ARTICLE II. - RESERVED
Secs. 8-5—8-11. - Reserved.
ARTICLE III. - ADDRESS NUMBERS
Sec. 8-12. - Assignment of numbers.
Sec. 8-13. - Responsibility.
Sec. 8-14. - Numbering.
Sec. 8-15. - Sizing of address numbers.
Sec. 8-16. - Specifications for numbers.
Sec. 8-17. - Approving authority and applicability.
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 multifamily 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.
Sec. 8-19. - License.
Sec. 8-19.1. - Certificate of occupancy.
Sec. 8-20. - Revocation of license and certificate of occupancy.
Sec. 8-21. - Reinstatement of certificate of occupancy and license.
Sec. 8-22. - Manufactured home community or recreational vehicle community 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: Fifteen (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
[22]
Sec. 8-23. - Compliance with article provisions.
Sec. 8-24. - Owner's and manager's general responsibilities.
Sec. 8-25. - Occupant's general responsibilities.
Sec. 8-26. - All structures and premises.
Sec. 8-27. - Multi-family dwelling community specific provisions.
Sec. 8-28. - Hotel specific provisions.
Sec. 8-29. - Manufactured home community and recreational vehicle community specific provisions.
Sec. 8-30. - Substandard structures.
Sec. 8-31. - Density.
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 eightyfive (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 each 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 powerwashing 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, nonslotted 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 sublessor 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 mastermetered 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. 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.
c. 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.
(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 multifamily dwelling community as required in chapter 57 of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas.
(7) Crime free multi-housing.
a. The owner and manager of each multi-family dwelling community risk rated "3" or "4"
shall:
1. Attend the crime free multi-housing advanced management techniques seminar as
provided by the City of Irving Police Department.
2. Conduct criminal background checks on all prospective residents and employees
seventeen (17) years of age or older.
3. Utilize the crime free lease addendum in all leases and other tenancies. A copy of
the wording of such addendum shall be kept on file in the Office of the City
Secretary of the City of Irving.
4. Sign and abide by the required crime free multi-housing agreement, which
agreement includes the management policies and criminal history questionnaire. A
copy of the wording of such agreement shall be kept on file in the Office of the City
Secretary of the City of Irving.
b. If a person presents mitigating circumstances regarding the person's conviction of a
category I crime as listed in the management policies, and if the owner or manager
accepts the mitigating circumstances, then the owner or manager may seek a
recommendation from the City of Irving Police Department regarding the presumptive
exclusion of that person in accordance with the management policies. If the police
department does not recommend that the presumptive exclusion be disregarded, then
the person subject to the presumption may appeal such presumption to the Irving
Municipal Judge. Such person shall have the burden of proof to show that the person
does not present a danger to the life, health, or property of the residents of the multifamily dwelling community and the City of Irving. The Irving Municipal Judge shall hear
and decide the appeal within five (5) working days of the filing. The issue shall be
decided in the same manner and with similar considerations as IV(f) of the Rules
Governing the Admission to the Bar of the State of Texas as set forth below. If five (5)
years have passed since the person was either convicted or incarcerated for a category
I crime, the person must prove:
1. That the best interest of the public as well as the ends of justice, would be served
by his or her residency or employment;
2. That he or she is of present good moral character and fitness; and
3. That during the five (5) years immediately preceding the present action, he or she
has been living a life of exemplary conduct.
If five (5) years have not passed since the person was either convicted or
incarcerated for a category I crime, then the person may not appeal the
presumption. The decision of the Irving Municipal Judge shall be final.
c. The city council may approve updates or revisions to the lease addendum or the
required crime free multi-housing agreement, or any part thereof by resolution passed
at a properly posted meeting.
(8) 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)
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 twentyfour (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 onequarter-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.
Sec. 8-33. - Risk rating assessment.
Sec. 8-34. - Risk rating appeal process.
Sec. 8-35. - Requirements for risk rating 4 multi-family dwelling communities.
Sec. 8-36. - Risk rating does not stay other enforcement.
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 multifamily 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 nonappealable.
(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
[23]
Sec. 8-37. - Building and standards commission.
Sec. 8-38. - Authority of city to secure building before a hearing.
Sec. 8-39. - Proceedings.
Sec. 8-40. - Notice of proceedings.
Sec. 8-41. - Action of the building and standards commission.
Sec. 8-42. - Civil penalties, notices, assessments, and liens.
Sec. 8-43. - Action by city after building and standards commission issues order.
Sec. 8-44. - Action by city on noncompliance with order of the building and standards commission.
Sec. 8-45. - Refused or unclaimed notice.
Sec. 8-46. - Judicial review of a building and standards commission order.
Sec. 8-47. - Municipal court enforcement.
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 thirtycalendar 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.
Sec. 8-49. - Permit to move from one location in city to another—Required.
Sec. 8-50. - Exemption of governmental agencies.
Sec. 8-51. - Application; fee.
Sec. 8-52. - Public hearing.
Sec. 8-53. - Same—Issuance.
Sec. 8-54. - Inspection of building and tract of land.
Sec. 8-55. - Issuance of certificate of occupancy and compliance.
Sec. 8-56. - Permit to use city streets—Required; moving by unbonded or uninsured movers prohibited.
Sec. 8-57. - Application.
Sec. 8-58. - Reserved.
Sec. 8-59. - Investigations; issuance of permit.
Sec. 8-60. - Bond and insurance required for housemovers.
Sec. 8-61. - Hours during which moving authorized.
Sec. 8-62. - Notification of police chief, fire department, public utilities, etc.
Sec. 8-63. - Safety requirements.
Sec. 8-64. - Movements in transit through city; moving of super-heavy equipment, etc.
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.
Sec. 8-66. - Criminal offenses.
Sec. 8-67. - Criminal penalty; continuing violations.
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 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) 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.
Sec. 8-69. - Certificate of registration.
Sec. 8-70. - Registration fee.
Sec. 8-71. - Emergency contact.
Sec. 8-72. - Inspections of vacant buildings.
Sec. 8-73. - Insurance required.
Sec. 8-74. - Vacant building plan and inspections by the owner.
Sec. 8-75. - Removal of combustible materials from vacant building.
Sec. 8-76. - Result of issuance of a certificate of registration of a vacant building.
Sec. 8-77. - Notices by city.
Sec. 8-78. - Authority of building official.
Sec. 8-79. - Violations; penalty.
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 874 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)
ARTICLE XI. - MANDATORY APARTMENT COMPLEX CRIME REDUCTION PROGRAM
Sec. 8-80. - Definitions.
Sec. 8-81. - Authority of the police chief.
Sec. 8-82. - Community per capita crime index.
Sec. 8-83. - Crime risk threshold.
Sec. 8-84. - Mandatory crime reduction program; when required.
Sec. 8-85. - Notice of designation to participate in mandatory crime reduction program.
Sec. 8-86. - Delivery of notices.
Sec. 8-87. - Appeal from designation.
Sec. 8-88. - Apartment complex inspections.
Sec. 8-89. - Conference with the police chief.
Sec. 8-90. - Program fee.
Sec. 8-91. - Mandatory requirements for designated apartment complexes.
Sec. 8-92. - Modification of landscaping and fencing requirements.
Sec. 8-93. - Adoption of rules by zoning board of adjustment sitting as permit license and appeal board.
Sec. 8-94. - Appeals to district court.
Sec. 8-95. - No private cause of action.
Sec. 8-80. - Definitions.
In this article, the following terms shall have the following meanings:
Apartment complex. A multi-family dwelling community that contains ten (10) or more dwelling
units that are leased or offered for lease and are not independently owned. This term includes the
property on which the apartment complex is located.
Board. The zoning board of adjustment sitting as a permit license and appeal board.
Chapter 125 crimes. Those crimes listed in Chapter 125 of the Texas Civil Practice and Remedies
Code, as amended, including murder; capital murder; sexual assault; aggravated sexual assault;
aggravated assault; robbery; aggravated robbery; unlawfully carrying a weapon; prostitution; gambling;
delivery, possession, manufacture, or use of a controlled substance; discharging a firearm in a public
place; reckless discharge of a firearm; engaging in organized criminal activity; commercial distribution or
manufacture of obscene material. The term does not include non-applicable crimes.
Community per capita crime index or crime index. A statistically-determined level of criminal
activity in an apartment complex in the city during a twelve-month period that is expressed on a per
capita basis and calculated in accordance with section 8-82.
Crime risk threshold. A statistically-determined level of criminal activity in apartment complexes
in the city during a twelve-month period, adjusted for the occupancy of the apartment complexes
surveyed and expressed on a per capita basis and that is calculated in accordance with section 8-83.
Designated apartment complex. An apartment complex that is required to participate in a
mandatory crime reduction program under section 8-84.
Entry door. Each door of a dwelling unit that leads from the exterior of the dwelling unit into the
interior of the dwelling unit. The term excludes sliding glass doors.
Licensed apartment complex. An apartment complex holding a license pursuant to article IV of
this chapter.
Non-applicable crimes. All offenses involving domestic violence, forgery, counterfeiting, fraud,
embezzlement, stolen property (buying, receiving, or possessing), crimes against family and children,
driving while intoxicated, violations of alcoholic beverage laws, and vagrancy.
Occupancy rate. The percent of units in a multi-family dwelling community that are occupied as
reported in the most recent multi-family dwelling community license application.
Part I crimes. Murder (excluding suicide and murder resulting from domestic violence), rape,
robbery, aggravated assault (excluding domestic violence), burglary, theft, and auto theft. The term
does not include non-applicable crimes.
Part II crimes. Assaults other then those listed as Part I crimes, narcotics offenses (restricted to
those of delivery, possession, or manufacture), arson, vandalism, weapons offenses, prostitution,
gambling, and disorderly conduct. The term does not include non-applicable crimes.
All other defined terms may be found in section 8-4.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-81. - Authority of the police chief.
The police chief shall implement and enforce this article and may by written order establish such
rules, regulations, or procedures, not inconsistent with this article, as the police chief determines are
necessary to discharge any duty under or to affect the policy of this article.
(Ord. No. 2009-9113, § 3, 9-3-09)
Sec. 8-82. - Community per capita crime index.
(a) The police chief shall calculate on a monthly basis the community per capita crime index for each
licensed apartment complex in the city.
(b) The community per capita crime index for an apartment complex is calculated as follows:
(1) Determine the total number of bedrooms in the apartment complex as reported in the
most recent multi-family dwelling community license application filed with the building
official;
(2) Multiply the number of bedrooms at the apartment complex by two (2) (two (2)
occupants are counted for each bedroom) to produce the ideal occupancy number for
the apartment complex;
(3) Multiply the ideal occupancy number by the occupancy rate of the apartment complex
to produce the actual occupancy number;
(4) Divide the number of Part I crimes occurring at the apartment complex within the
preceding twelve (12) months by the actual occupancy number and multiply the result by
one hundred (100) to produce the community per capita crime index for Part I crimes;
(5) Divide the number of Part II crimes occurring at the apartment complex within the
preceding twelve (12) months by the actual occupancy number and multiply the result by
one hundred (100) to produce the community per capita crime index for Part II crimes;
and
(6) Divide the number of Chapter 125 crimes occurring at the apartment complex within the
preceding twelve (12) months by the actual occupancy number and multiply the result by
one hundred (100) to produce the community per capita crime index for Chapter 125
crimes.
(c) Example of calculation of community per capita crime index.
Apartment size:
100 units
Apartment occupancy rate:
90% occupied
Apartment crime in 12-month
10 Part I Crimes; 20 Part II Crimes
15 Chapter 125 Crimes
Apartment-unit mix:
70 one-Bedrooms; 30 two-Bedrooms
Total Bedrooms
130
Ideal occupancy number = 130 x 2 = 260 (with two occupants counted for each bedroom)
Actual occupancy number = 260 x 90% = 234
Community Per Capita Crime Index for Part I Crimes = (10 ÷ 234) x 100 = 4.3
Community Per Capita Crime Index for Part II Crimes = (20 ÷ 234) x 100 = 8.5
Community Per Capita Crime Index for Chapter 125 Crimes = (15 ÷ 234) x 100 = 6.4
(Ord. No. 2009-9113, § 3, 9-3-09)
Sec. 8-83. - Crime risk threshold.
(a) The police chief shall collectively calculate on a monthly basis the crime risk threshold for all licensed
apartment complexes in the city.
(b) The crime risk threshold for apartment complexes is calculated as follows:
(1) Determine the total number of licensed apartment complexes in the city.
(2) Add together each apartment complex's Part I crimes and divide the sum by the total
number of licensed apartment complexes to produce the average for Part I crimes.
(3) Subtract each apartment complex's Part I crimes from the average community per capita
crime index for Part I crimes to get the apartment complex's deviation from the average
community per capita crime index for Part I crimes.
(4) Add the square of each apartment complex's deviation from the average community per
capita crime index for Part I crimes together and divide the sum by the total number of
licensed apartment complexes to produce the average squared deviation for Part I
crimes.
(5) Take the square root of the average squared deviation for Part I crimes and add it to the
average community per capita crime index for Part I crimes to produce the crime risk
threshold for Part I crimes.
(6) Repeat the process using each apartment complex's Part II crimes and Chapter 125
crimes to determine the crime risk threshold for Part II crimes and Chapter 125 crimes,
respectively.
(c) Example of calculation of crime risk threshold.
Apartment Complex No.
1 2 3 4 5 6
7 8 9 10 SUM
Part I Crimes
12 9 3 10 12 22 7 11 15 19 120
Deviation from Average Community Per Capita Crime Index
0 -3 -9 -2 0 10 -5 -1 3 7 0
Deviation Squared
0 9 81 4 0 100 25 1 9 49 278
Average Community Per Capita Crime Index for Part I Crimes = 120 ÷ 10 = 12
Average squared deviation = 278 ÷ 10 = 27.8
Standard deviation = √27.8 = 5.27
Crime Risk Threshold for Part I Crimes = 12 + 5.27 = 17.27
(Note: To calculate the crime risk threshold for Part II crimes and Chapter 125 crimes, repeat the
formula using Part II crimes and then for Chapter 125 crimes.)
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-84. - Mandatory crime reduction program; when required.
(a) An apartment complex must participate in the mandatory crime reduction program when the
apartment complex has:
(1)
A community per capita crime index for Part I crimes that is greater than the crime risk
threshold for Part I crimes for all licensed apartment complexes in the city and a
community per capita crime index for Part II crimes that is greater than the crime risk
threshold for Part II crimes for all registered apartment complexes in the city; or
(2) A community per capita crime index for Chapter 125 crimes that is greater than the
crime risk threshold for Chapter 125 crimes for all registered apartment complexes in the
city.
(b) An apartment complex must remain in the mandatory crime reduction program for six (6) months or
until the apartment complex's community per capita crime index falls below the crime risk threshold
for the applicable types of crime, whichever occurs later.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-85. - Notice of designation to participate in mandatory crime reduction program.
(a) The police chief shall provide written notice to the owner and manager of each apartment complex
designated to participate in the mandatory crime reduction program.
(b) The notice must include the following information:
(1) The name and address of the apartment complex;
(2) A statement that the apartment complex is required to participate in a mandatory crime
reduction program, including a description of the fee and other requirements of the
program;
(3) The community per capita crime index and crime risk threshold used to calculate the
apartment complex's qualification for the mandatory crime reduction program;
(4) The actual occupancy number used to calculate the apartment complex's community
per capita crime index;
(5) The number of Part I, Part II, and Chapter 125 Crimes used to calculate the apartment
complex's community per capita crime index, including the date, time, and location of
each offense;
(6) A statement that a mandatory inspection of the apartment complex premises will be
conducted by the police chief at a scheduled date and time; and
(7) The process of appealing the police chief's decision requiring an apartment complex to
participate in a mandatory crime reduction program.
(c) Designation of an apartment complex for participation in the mandatory crime reduction program
and application of the requirements of this article are binding upon all subsequent owners or other
transferees of an ownership interest in the apartment complex.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-86. - Delivery of notices.
Any written notice that the police chief is required to give to an apartment complex under this
article is deemed to be delivered:
(1) On the date the notice is hand delivered to the owner or manager of the apartment
complex; or
(2) Three days after the date of notice is placed in the United States mail with proper
postage and properly addressed to the owner or manager of the apartment complex at
the address provided for in the most recent multi-family dwelling community license
application.
(Ord. No. 2488, § II(1), 12-1-08)
Sec. 8-87. - Appeal from designation.
(a) If the police chief designates an apartment complex for participation in the mandatory crime
reduction program pursuant to this article, this action is final unless the owner or manager of the
apartment complex files a written appeal to the zoning board of adjustment with the city secretary
not later than ten days after receiving notice of being a designated apartment complex.
(b) The zoning board of adjustment shall sit as a permit license and appeal board for purposes of hearing
appeals under this article.
(c) If the appeal of the police chief's decision is based on changes in an apartment complex's occupancy
rate, then the owner or manager of the apartment complex shall, at the time of filing the appeal, also
file with the city secretary and the police chief a copy of a current and valid license for every
occupied dwelling unit in the apartment complex.
(d) If a written request for an appeal is filed timely under subsection (a), the board shall hear the appeal.
The city secretary shall set a date for the hearing within sixty (60) days after the date the appeal is
filed.
(e) A hearing by the board may proceed if a quorum of the board is present. The board shall hear and
consider evidence offered by any interested person. The formal rules of evidence do not apply. Any
dispute of fact must be decided on the basis of preponderance of the evidence presented at the
hearing.
(f) In deciding the appeal, the board is limited to the issue of whether the apartment complex's
community per capita crime index was greater than the crime risk threshold calculated for all
registered apartment complexes in the city for the particular types of crime that qualified the
apartment complex for designation under section 8-84 at the time of designation. The board shall
affirm the decision of the police chief if the board finds that the apartment complex's community per
capita crime index exceeded the applicable crime risk threshold at the time of designation and shall
reverse the police chief's decision if the board finds that the community per capita crime index did
not exceed the applicable crime risk threshold at the time of designation.
(g) The board's decision must be by a majority vote. Failure to reach a majority vote will leave the
decision of the police chief unchanged. The decision of the board is final, and no rehearing may be
granted.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-88. - Apartment complex inspections.
(a) After an apartment complex has been designated to participate in the mandatory crime reduction
program, the police chief shall inspect the apartment complex to:
(1) Determine whether the apartment complex is in compliance with applicable city
ordinances and state laws relating to public safety and security, including, but not limited
to, requirements for locks, door viewers, signage, building numbering, and crime
prevention addenda;
(2) Evaluate what changes and improvements to the premises and operations of the
apartment complex will assist in reducing the occurrence of crimes at the apartment
complex; and
(3) Determine whether the apartment complex is in compliance with this article.
(b) The police chief is authorized at a reasonable time to inspect:
(1) The exterior of the apartment complex; and
(2) The interior of the apartment complex, if the permission of the owner, manager, or
other person in control is given or a search warrant is obtained.
(c) The police chief shall inspect a designated apartment complex at least twice during each period that
the apartment complex is required to participate in the mandatory crime reduction program. The
first inspection must be conducted for the purposes of subsection (a)(1) and (a)(2), and the second
inspection must be conducted for the purposes of subsection (a)(3). Other inspections may be
conducted as the police chief deems necessary for the administration and enforcement of this
article.
(d) The owner, operator, manager, or person in control of an apartment complex commits an offense if,
either personally or through an agent or employee, he refuses to permit a lawful inspection of the
apartment complex as required by this section.
(e) Whenever an apartment complex is inspected by the police chief and a violation of this article or any
other city ordinance or state law applicable to the apartment complex is found, the apartment
complex will, after the expiration of any time limit for compliance given in a notice or order issued
because of the violation, be reinspected by the police chief to determine if the violation has been
eliminated.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-89. - Conference with the police chief.
(a) At least once during each period that an apartment complex is required to participate in the
mandatory crime reduction program, the police chief shall require a conference with the owner or
manager of a designated apartment complex to review:
(1) The requirements of the mandatory crime reduction program;
(2) The results of the police chief's inspection of the apartment complex;
(3) Any voluntary recommendations for reducing crimes on or near the apartment complex;
and
(4) Any other information the police chief wishes to discuss at the conference.
(b) An owner or manager of a designated apartment complex commits an offense if he fails to attend a
scheduled conference after receiving notice of the conference from the police chief.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-90. - Program fee.
(a) A program fee of two hundred fifty dollars ($250.00) will be charged to each designated apartment
complex to defray the costs incurred by the police chief in conducting inspections of the apartment
complex, attending conferences with the owner or manager of the apartment complex, and
administering and enforcing the mandatory crime reduction program. A separate program fee is
required each time an apartment complex is designated to participate in the mandatory crime
reduction program.
(b) The owner or manager of a designated apartment complex shall pay the program fee to the police
chief within thirty (30) days after receiving notice of being a designated apartment complex.
(c) No refund of a program fee will be made.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-91. - Mandatory requirements for designated apartment complexes.
(a) Within thirty (30) days after receiving notice of being a designated apartment complex, the
apartment complex must meet all of the requirements of this section, except subsections (f) and (g)
(entry doors and fencing). Subsections (f) and (g) (entry doors and fencing) just be met within sixty
(60) days after receiving notice of being a designated apartment complex. The police chief may
extend the deadlines of this subsection, in increments not exceeding thirty (30) days each, upon a
showing that the work cannot be performed within the required time period because of its scope
and complexity.
(b) Lighting.
(1) 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.
(2) Security lighting must be in compliance with all applicable city ordinances and state law.
If there is any conflict between subsection (b)(1) of this section and another city
ordinance or state law, the other law will prevail.
(c) Landscaping.
(1) No bush or shrub on the premises of the apartment complex may be taller than three (3)
feet, except as follows:
a. The police chief may allow the owner or manager to maintain a shrub or bush taller
than three (3) feet if the owner or manager cuts the foliage three (3) feet from the
ground and a person on one (1) side of the shrub or bush has a clear view of the feet
and lower leg of a person on the other side of the shrub or bush;
b. In order to request such a modification, the owner or manager must make a written
request to the police chief within ten (10) days of the first inspection of the property
pursuant to subsection 8-88(a)(1);
c. Within ten (10) days of receiving a written request from the owner or manager of the
apartment complex for a modification, the police chief shall grant or deny the request
in writing and deliver it to the owner or manager; and
d. A copy of the request by the owner or manager for a modification and the approval
by the police chief must be maintained by the police chief while the apartment
complex remains in the mandatory crime reduction program.
(2) No tree on the premises of the apartment complex may have a canopy lower than seven
(7) feet above the ground.
(3) All trees, shrubs, bushes, and other landscaping must be maintained in compliance with
all applicable city ordinances and state law. If there is any conflict between subsection
(c)(1) or (c)(2) of this section and another city ordinance or state law, the other law will
prevail.
(d) Locked common areas. All enclosed common areas of the apartment complex (including, but not
limited to, laundry rooms, club rooms, and fitness rooms) must be kept locked and may only be
accessed with a key, key card, key pad, or similar device.
(e) Key control plan. A description of the plan and procedures for storing and assessing keys, key cards,
and key codes to dwelling units, enclosed common areas, and other facilities of the apartment
complex must be filed with the police chief.
(f) Entry doors. Each entry door must be solid core or metal.
(g) Fencing.
(1) The perimeter of the premises of a designated apartment complex must be enclosed
with a fence that is at least six (6) feet high, except that if a lower height is required by
another ordinance, the fence must be the maximum height allowed under the other city
ordinance.
(2) Notwithstanding subsection (g)(1) of this section, vehicular driveways and pedestrian
walkways are not required to be fenced or gated, except that the combined width of
openings in the fence of vehicular driveways and pedestrian walkways may not exceed
ten (10) percent of the perimeter of the area of the property required to be fenced.
(3) All fencing must be maintained in compliance with applicable city ordinances and state
law. If there is any conflict between subsection (g)(1) or (g)(2) of this section and another
city ordinance or state law, the other law will prevail.
(h) Pay phones. All pay phones on the premises of the apartment complex must be blocked to incoming
calls or removed from the apartment complex.
(i) Trespass affidavits.
(1) An owner or manager of the apartment complex shall execute a trespass affidavit, on a
form provided by the police chief for that purpose, that authorizes the police
department to enforce, on behalf of the apartment complex, all applicable trespass laws
on the premises of the apartment complex.
(2) A true and correct copy of the trespass affidavit must be posted at the apartment
complex in a manner and location so that it is clearly visible to the public at all times.
(j) Background checks.
(1) A current official criminal history report (issued by the Texas Department of Public
Safety within the preceding twelve (12) months) must be obtained on all current and
prospective employees of the apartment complex.
(2) A current official criminal history report (issued by the Texas Department of Public
Safety within the preceding twelve (12) months) must be obtained on all prospective
tenants seventeen (17) years of age or older who apply for occupancy in the apartment
complex.
(3) A current credit report must be obtained on all prospective tenants eighteen (18) years
of age or older who apply for occupancy in the apartment complex.
(4) All records maintained on an employee or tenant in compliance with this subsection
must be retained at the apartment complex for at least ninety (90) days following the
date of any termination of the employee's employment or the tenant's occupancy at the
apartment complex.
(5) The owner or manager of the apartment complex shall make all records maintained
under this subsection available for inspection by a police officer at reasonable times
upon request.
(k) Crime watch meetings.
(1) Crime watch meetings at the apartment complex.
a. At least one (1) crime watch meeting must be held every six (6) weeks at the
apartment complex.
b. The owner or manager must post notice in the common areas of the apartment
complex in English and Spanish notifying the tenants of the crime watch meetings at
least ten (10) days prior to the meeting.
c. The police chief must be given at least ten (10) days' advance, written notice of the
meeting.
(2) Neighborhood crime watch meetings. The owner or manager of the apartment complex
each calendar year shall attend at least three (3) crime watch meetings other than the
meetings required by subsection (k)(1). The meetings attended must be held by crime
watch organizations consisting of business owners, single-family residential property
owners, or managers, employees, or tenants of multifamily dwelling communities, or any
combination of those groups, gathered for the purpose of improving the quality of life in
and around the properties, promoting crime prevention, reducing criminal opportunity,
and encouraging cooperation with the City of Irving Police Department. The meetings
must be attended in the neighborhood in which the apartment complex is located or, if
that neighborhood has no crime watch organization, then in the nearest neighborhood
that does. A written statement, signed by a crime watch chair, verifying that the crime
watch meeting was attended by the owner or manager of the apartment complex must
be submitted to the police chief upon request.
(3) Apartment complex crime prevention and information seminar. The owner or manager
shall attend the apartment complex crime prevention and information seminar as
provided by the City of Irving Police Department.
(l) Residential security survey.
(1) An owner or manager of the apartment complex shall distribute a residential security
survey, on a form provided by the police chief, to each tenant of the apartment complex
who is eighteen (18) years of age or older.
(2) The owner or manager of the apartment complex shall file all returned surveys with the
police chief within thirty (30) days after distribution.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-92. - Modification of landscaping and fencing requirements.
(a) The owner or manager of a designated apartment complex may request a modification of the fencing
requirements set forth in subsection 8-91(g) by filing a written request with the city secretary not
later than ten (10) days after receiving notice of:
(1) Being designated for participation in a mandatory crime reduction program under
section 8-84; or
(2) Having a previously-granted fencing modification revoked by the police chief under
subsection (h) of this section.
(b) the owner or manager of a designated apartment complex may appeal the decision of the police
chief not to grant a landscaping modification as set forth in subsection 8-91(c) by filing a written
request with the city secretary not later than ten (10) days after receiving notice of the police chief's
decision of denial.
(c) If a written request is filed under subsections (a) and (b) with the city secretary within the ten-day
limit, the board shall consider the request. The city secretary shall set a date for the hearing within
forty-five (45) days after the date the written request was filed.
(d) A hearing by the board may proceed if a quorum of the zoning board of adjustment is present. The
board shall hear and consider evidence offered by any interested person. The formal rules of
evidence do not apply. Any dispute of fact must be decided on the basis of a preponderance of the
evidence presented at the hearing.
(e) The board shall grant the request for a fencing modification if it finds that:
(1) An existing fence or other barrier, or a proposed fence or other barrier, on the premises
of the apartment complex will serve to defer and reduce crime at the apartment
complex to the same extent as the fence required under subsection 8-91(g); and
(2) The existing fence or barrier, or the proposed fence or barrier, complies with all other
applicable city ordinances and state law.
(f) The board shall grant the owner or manager's request to maintain a shrub or bush taller than three
(3) feet and cut the foliage three (3) feet from the ground if it finds that:
(1) A person on one (1) side of the shrub or bush has a clear view of the feet and lower leg
of a person on the other side of the shrub or bush; and
(2) Such modification will serve to defer and reduce crime at the apartment complex to the
same extent as the requirement that shrubs or bushes not exceed three (3) feet
pursuant to subsection 8-91(c).
(g) The board shall grant or deny the request for a landscaping or fencing modification by a majority
vote. Failure to reach a majority vote will result in denial of the request. The decision of the board is
final, and no rehearing may be granted.
(h) If the board grants the request for a landscaping or fencing modification, the modification remains
valid and does not have to be renewed each time an apartment complex is designated for
participation in the mandatory crime reduction program, unless the police chief revokes the
landscaping or fencing modification upon a determination that the modified landscaping or fence or
other barrier:
(1) Fails to deter and reduce crime at the apartment complex to the same extent as the
landscaping or fence or other barrier required under subsections (c) or (g) respectively of
section 8-91; or
(2) Fails to comply with a city ordinance or state law applicable to fences and landscaping.
(i) Upon revoking a landscaping or fencing modification, the police chief shall notify the owner and
manager of a designated apartment complex in writing of the revocation. The notice must include
the reason for the revocation, the date the police chief orders the revocation, and a statement
informing the owner and manager of the right to appeal the decision by filing a new request for a
landscaping or fencing modification in accordance with subsection (a). The police chief may not
revoke a landscaping or fencing modification under subsection (h) sooner than six (6) months after
the modification is granted by the board.
(j) The grant of a request for modification of the landscaping or fencing requirements of subsections 891(c) or (g) does not exempt a designated apartment complex from any other provision of this
chapter or other applicable city ordinances or state law.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-93. - Adoption of rules by zoning board of adjustment sitting as permit license and appeal board.
The board may adopt rules to govern its proceedings and conduct of business before the board.
Any rule or rules shall be adopted by a resolution by the board entered upon the minutes of the board
and a copy thereof shall be filed with the city secretary.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-94. - Appeals to district court.
Once the decision of the board is final under sections 8-87 and 8-92, the decision may be
appealed to the state district court by the city, the owner or manager of the apartment complex, or by
any other person aggrieved by the decision. An appeal to the state district court must be filed within
thirty (30) days after the date of the board's final decision. An appeal to the state district court is limited
to a hearing under the substantial evidence rule.
(Ord. No. 2009-9113, § 4, 9-3-09)
Sec. 8-95. - No private cause of action.
This article does not create a private cause of action other than one brought by the city or
expand existing tort liability against an owner, manager, or other person in control of the designated
apartment complex.
(Ord. No. 2009-9113, § 4, 9-3-09)