OR 2011-1269 Property Maintenance CodeAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ___2011-1269___
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 15 ARTICLE 15-14 TO REPEAL ARTICLE 15-11 THE
NEIGHBORHOOD INTEGRITY CODE IN ITS ENTIRETY AND
ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, 2009 EDITION, AS THE CITY OF COPPELL PROPERTY
MAINTENANCE CODE; PROVIDING AMENDMENTS TO THE
INTERNATIONAL PROPERTY MAINTENANCE CODE 2009
EDITION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER,
WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED
BY STATE OR LAW FOR SUCH OFFENSE WHICH IS A
VIOLATION OF PROVISION OF LAW THAT GOVERNS FIRE
SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION,
INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE
A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1
. That the City of Coppell Code of Ordinances be, and the same is,
hereby amended by amending Chapter 15, Article 15-14, by repealing Article 15-11 in its
entirety and replace it with the International Property Maintenance Code, 2009 Edition
with the amendments to read as follows:
“ARTICLE 15-14. PROPERTY MAINTENANCE CODE
There is hereby adopted the International Property Maintenance Code, 2009 Edition, and
made a part hereof for all purposes, the same as if fully copied in full herein, with the
exception of such sections hereof, which are hereafter deleted, modified or amended.
Sec. 15-14-2. Amendments.
The following sections of the International Property Maintenance Code, 2009 Edition, are
hereby amended to read as follows:
1. Section 101.1 shall be amended to read as follows:
101.1 Title
. These regulations shall be known as the Property Maintenance Code
of City of Coppell, hereinafter referred to as “this code.”
2. Section 102.3 shall be amended to read as follows:
102.3 Application of other codes
. Repairs, additions or alterations to a structure,
or changes of occupancy, shall be done in accordance with the procedures and
provisions of the International Building Code, International Fuel Gas Code,
International Mechanical Code and NFPA 70. Nothing in this code shall be
construed to cancel, modify or set aside any provision of the City of Coppell
Zoning Ordinance.
3. Section 103.1 shall be amended to read as follows:
103.1 General
. The department of property maintenance inspection, referred to
as the Building Inspection Department of the City of Coppell, hereinafter is
hereby created and the executive official in charge thereof shall be known as the
code official.
4. Section 103.5 shall be amended to read as follows:
103.5 Fees
. The fees for activities and services performed by the department in
carrying out its responsibilities under this code shall be as indicated in the fee
schedule as established by resolution of the City of Coppell shall be charged for
compliance with this article.
5. Section 107.1 shall be amended to read as follows:
107.1 Notice to owner(s) or to person(s) responsible
. Whenever the code
official determines that there has been a violation of this code or has grounds to
believe that a violation has occurred, notice shall be given in the manner
prescribed in Sections 107.2 and 107.3 to the owner(s) or to person(s) responsible
for the violation as specified in this code. Notices for condemnation procedures
shall also comply with Section 108.3.
6. Section 107.3 shall be amended to read as follows:
107.3 Method of service
. Such notice shall be deemed to be properly served if a
copy thereof is:
1. Delivered personally; or
2. Posting a notice of violation in a conspicuous place in or about the structure or
on a placard attached to a stake driven into the ground on the property to which
the violation relates, if the property contains no buildings; or
3. Sent certified or first class mail addressed to the last known address; or
4. If the notice is returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure affected by
such notice.
7. Section 111.1 shall be amended to read as follows:
111.1 Application for appeal.
Any person directly affected by a decision of the
building official or a notice or order issued under this code shall have the right to
appeal to the building and standards commission prior to the expiration of the
period for compliance in said order. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means. There shall be
a filing fee for an appeal to the building and standards commission in an amount
determined from time to time by resolution of the city council.
8. Sections 111.2 thru 111.8 shall be deleted and shall make reference to:
Article 2-6 Building and Standards Commission of the Code of Ordinances.
9. Section 112.4 shall be amended to read as follows:
112.4 Failure to comply
. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a fine of not
less than the amount of the permit fee required by code and not to exceed One
Thousand ($1,000.00) dollars.
10. Add Section 113 Rental Registration as follows:
113.1 General.
The City of Coppell recognizes a need for an organized
inspection program of residential rental units within the city in order to upgrade
rental units to meet city and state life safety, health, fire and zoning codes within
the city and to provide a more efficient system for compelling both absentee and
local landlords to correct violations and to maintain, in proper condition, rental
property within the city. The city recognizes that the most efficient system to
provide for rental inspections is the creation of a program requiring the
registration of all residential rental units within the city so that orderly inspection
schedules can be made by city officials.
:
11. Add Sections 113.2 thru 113.16 to read as follows
113.2 Registration requirements.
No person shall hereafter occupy, allow to be
occupied or let to another person for occupancy any residential rental property
within the city for which a registration statement has not been properly made and
filed with the building inspection department of the city. Registration shall be
made upon forms furnished by the city for such purpose and shall specifically
require the following minimum information:
1.Name, address and phone number of the property owner.
2.Name, address and phone number of the designated local property manager if
the property owner lives outside the metropolitan area.
3.The street address of the rental property.
4.The number and types of units within the rental property (dwelling units or
sleeping rooms).
5.The maximum number of occupants permitted for each dwelling unit or
sleeping room.
6.The name, phone number and address of the person authorized to make or
order repairs or services for the property, if in violation of city or state codes,
if the person is different than the owner or local manager.
113.2.1 Manner of registering.
The registration must be made on or before
th
January 30, and annually thereafter by the property owner or designated local
property manager in the office of the building inspection department of the city.
113.2.2 Transfer of property.
Every new owner of rental property (whether as
fee owner or contract purchaser) shall be required to furnish to the building
inspection department the new owner's name, address and phone number and the
name, address and phone number of the owner's designated local manager before
taking possession of the rental property. No registration fee shall be required of
the new owner during the year in which possession takes place provided that the
previous owner has paid all registration fees and has complied with all
requirements of this article and any notices from the city concerning violations of
health, zoning, fire or safety codes of the city. If any change in the type of
occupancy as originally registered is contemplated by the new owner, a new
registration statement will be required.
113.3 Inspection required.
All dwellings, boardinghouses, rooming houses,
lodging houses, and/or tourist houses that rent to permanent residents and
dormitories shall be inspected systematically for compliance with this article and
all other applicable laws.
Exception:
The provisions of this section shall not apply to:
1.Dwellings, buildings, structures and uses owned and operated by any
governmental agency;
2.Dwellings, buildings, structures and uses licensed and inspected by the
state;
3.Hotels that do not rent to permanent residents;
4.Where a nonresidential business or activity, or a state-licensed and
state-inspected use occupies a portion of a building and premises
which would be otherwise subject to this article, the provisions of this
article shall be applicable to the residential and common or public
areas of such building and premises.
113.4 Frequency of inspections.
All rental dwellings subject to this article shall
be inspected at least once every two years or upon change of occupancy, except as
provided herein.
113.4.1 Inspection of multifamily:
Ten percent of the entire complex
will be inspected each year. As a result of such inspection, a list of all
violations found in each unit, if any, shall be maintained by the inspection
department. For each additional unit that fails due to a high risk item, one
additional unit will be inspected. Any re-inspection shall require an
additional fee as established by resolution of the City Council. High risk
re-inspections shall be conducted within three business days.
113.5. Rental Registration Certificate required.
No person shall rent, lease or
let for occupancy any dwelling subject to this division without having a valid,
current rental registration certificate for that dwelling.
113.6 Inspection procedure.
If, upon completion of the biennial inspection, the
premises are found to be in compliance with all applicable city codes and
ordinance and the appropriate fee has been paid, the city shall issue a rental
registration certificate for the premises. However, if, upon completion of the
inspection, the premises are found to be in violation of one or more provisions of
applicable city codes and ordinances, the city shall provide written notice of such
violation and shall set a re-inspection date before which such violation shall be
corrected. If such violation has been corrected within that period, the city shall
issue a rental registration certificate for the premises. If such violations have not
been corrected within that period, the city shall not issue the rental registration
certificate and may take any action necessary to enforce compliance with
applicable city codes and ordinances. If such uncorrected violations do not pose
an immediate threat to the health, safety, and welfare of the occupants, the city
manager or designee may authorize the occupancy of the premises for a period
not to exceed 90 days.
113.7 Request for inspection.
The owner of any dwelling subject to this division
[article] may request inspections of said dwelling at any time.
113.8 Certificate expiration date.
The rental registration certificate issued
pursuant to this division shall expire two years from the date of the biennial
inspection. The rental registration certificate shall have the expiration date
prominently displayed on its face.
113.9 Certificate transferability.
A rental registration certificate issued pursuant
to this division shall be transferable to succeeding owners; provided that within
five days of the transfer, the transferor shall provide written notice of said transfer
to the Chief Building Official or designee. Such notice shall contain the name and
address of the succeeding owners. The failure to provide such notice may result in
the suspension or revocation of the certificate of occupancy.
113.10 Certificate availability.
Upon the request of an existing or prospective
tenant, the owner or the owner's agent shall produce the rental registration
certificate.
113.11. Suspension or revocation of certificate.
If the Chief Building Official
or designee, after a hearing before the Chief Building Official or designee
determines that any person has failed to comply with this article or any applicable
city code or ordinance, the Chief Building Official or designee may suspend or
revoke the rental registration certificate held by that person. Such a hearing shall
be held not less than seven calendar days after notice of time, place, and subject
of the hearing has been sent to the certificate holder at the holder's last known
address or business address. The city's representative shall present evidence in
support of the suspension or revocation, and the certificate holder shall be
permitted to rebut such evidence and present any other evidence that is, in the
discretion of the Chief Building Official, relevant and material. Based upon the
evidence presented at the hearing, the hearing officer shall issue a written
decision. The suspension or revocation of any rental registration certificate shall
not release or discharge the certificate holder from paying any fees due to the city,
nor shall such certificate holder be released from prosecution for violating any
code or ordinance.
113.12 Maintenance of records.
All records, files, and documents pertaining to
this article shall be maintained by the building inspection department and made
available to the public as allowed or required by state law or city ordinance.
113.13 Exemptions.
The provisions of this article shall not apply to hospital
units, nursing units or retirement-home units licensed by the state located within
the city, all of which shall be specifically exempt from registration under this
article.
113.4. Fees.
A fee schedule as established by resolution of the city shall be
charged for compliance with this article.
113.15 Nuisance, injunction.
Any violation of this article is hereby declared to
be a nuisance. In addition to any other relief provided by this article, the city
attorney may apply to a court of competent jurisdiction for an injunction to
prohibit the continuation of any violation of this article. Such application for relief
may include seeking a temporary restraining order, temporary injunction and
permanent injunction.
113.16 Other actions, prosecution, court cases.
Nothing in this article shall
prevent the city from taking action under any of its city fire, housing, zoning or
other health safety codes for violations thereof to seek injunctive relief or criminal
prosecution of such violations in accordance with the terms and conditions of the
particular ordinance or code under which the city would proceed against the
property owner, designated property manager or occupant of any residential rental
dwelling unit covered by this registration and inspection article.
12. Section 202 add new definitions to read as follows:
BOARDINGHOUSE, ROOMING HOUSE, LODGING HOUSE AND
TOURIST HOUSE.
Building arranged or used for the lodging, with or without
meals, for compensation, by individuals who are not members of the family.
FENCE.
Any wall or structure more than 18 inches in height erected or
maintained for the purposes of enclosing, screening, restricting access to or
decorating the surrounding lot, parcel, building or structures.
FRONT YARD.
Open, unoccupied space on a lot facing a street and extending
across the front of a lot between the side yard lines.
GRAFFITI.
Words, phrases, designs, symbols, letters, or drawings written,
painted, or scratched on sidewalks, fences, walls, windows, walls of buildings,
trees, or other structures or items.
HIGH-RISK ITEMS.
Unsafe or unsanitary plumbing, electrical hazards,
unsanitary conditions, missing or inoperable smoke detectors, structural hazards,
inadequate heat (as required by the International Building Code), improperly
secured premise, inadequate exits.
HOTEL.
A room or rooms in any building or structure kept, used, maintained,
advertised or held out to the public to be an inn, motel, hotel, apartment hotel,
lodging house, boarding house, rooming house, tourist house, dormitory or place,
where sleeping, rooming, office, conference or exhibition accommodations are
furnished for lease or rent, whether with or without meals.
LANDLORD.
Any owner, resident or non-resident, who leases or rents his
single-family residence to another.
MULTIFAMILY DWELLINGS.
A building or portion thereof containing more
than two dwelling units.
NUISANCE.
The following shall be defined as nuisances whatever is dangerous
to human life or is detrimental to health, as determined by the health officer,
including but not limited to the following:
a.Any public nuisance known at common law.
b.Any attractive nuisance which may prove detrimental to children
whether in a building, on the premises of a building, or upon an
unoccupied lot. This includes any abandoned wells, shafts, basements,
or excavations; abandoned refrigerators and motor vehicles; any
structurally unsound fences or structures; un-fenced privately owned
playground equipment; or any lumber, trash, fences, brush, debris or
vegetation which may be hazardous for children;
c.Graffiti of any type;
d.Any tree, shrub, or other plant which creates a hazard or risk of
damage or destruction to persons or property;
e.Any substandard condition under this code.
PERSON.
An individual, corporation, partnership or any other group acting as a
unit and/or as a legal entity.
PERMANENT RESIDENT.
Any person who occupies or has the right to
occupy any room or rooms in a hotel or motel for at least thirty (30) consecutive
days.
PROPERTY MANAGER.
A person other than the owner that has managing
control of a rental property.
REAR YARD.
A space unoccupied by principle structure extending for the full
width of the lot between a principle structure and the rear lot.
RENT.
The offering, holding out or actual leasing of a rental unit to an occupant
other than the owner and generally involves the payment of a rental amount
although other forms of consideration may be involved or no consideration at all
may be involved.
RENTAL PROPERTY.
Any single family dwelling, two-family dwelling,
multifamily dwelling, town home, dormitory, boardinghouse, lodging house,
tourist house, rooming unit or combination of any such dwelling unit as defined
herein.
REPAIR.
The replacement of existing work with the same kind of material used
in the existing work, not including additional work that would change the
structural safety of the building, or that would affect or change required exit
facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating
installations, or that would be in violation of a provision of law or ordinance. The
term “repair” or “repairs” shall not apply to any changes of construction.
REPAIR, FENCE.
The construction or repair of fifty percent (50%) or less of
the perimeter of an existing fence.
REPLACE, FENCE.
The construction, reconfiguration, relocation or repair of
fifty percent (50%) or more of the perimeter of an existing fence.
SIDE YARD.
An open unoccupied space on the same lot with the building,
situated between the building and the side line of the lot, and extending through
the street or the front line shall be deemed a side yard.
SINGLE-FAMILY DWELLING, ATTACHED.
A building located on a
separately platted lot with use and occupancy identical to other single-family
dwellings except without the required yard setbacks in front, side or rear. This is
a structure that has one or more walls extending from ground to roof separating it
from adjoining structures and sometimes referred to as townhouses.
SINGLE-FAMILY DWELLING, DETACHED.
A building designed for one
family in a single dwelling unit. This shall include manufactured homes as
defined herein.
TWO-FAMILY DWELLING (DUPLEX).
A building containing two dwelling
units.
TRASH AND DEBRIS.
All manner of refuse including, but not limited to:
mounds of dirt; piles of leaves, grass and weed clippings; paper trash; useless
fragments of building material; building materials that have not been in use in
over 30 days; rubble; furniture other than furniture designed for outside use;
useless household items and appliances; items of salvage, such as scrap metal and
wood; old barrels; tires; objects that hold water for an extended time; tree and
brush trimmings and other miscellaneous wastes or rejected matter.
VEHICLE.
Any and every device in, upon or by which a person or property is or
may be transported, drawn or moved upon a street, highway, waterway or airway
and shall include but is not limited to any automobile, bus, truck, tractor,
motorhouse, farm machinery, motorcycle, scooter, moped, all-terrain vehicle,
boat, boat trailer, aircraft, recreational vehicle, golf cart, go-cart, trailer, fifth
wheel trailer, camper, camper shell, wheeled towing frame, semi tractor, semi
tractor trailer, truck bed mounted on a chassis and mobile home. This definition
does not include non-motorized bicycles, small engine lawn mowers and devices
of similar scale.
VEHICLE, INOPERATIVE.
A vehicle without a motor, including but not
limited to trailers, campers, camper shells, and wheeled towing frames, that is not
in operating condition because it is wrecked, dismantled, partially dismantled,
dilapidated or has one or more flat tires.
VEHICLE, SPECIAL.
A vehicle designed and used primarily for recreational
uses. A special vehicle shall be, but is not limited to, the following: motor home,
motorhouse, camper, camper shell, boat on or off of a trailer, RV, fifth wheel
trailer or any similar vehicle.
VEHICLE, UTILITY.
A vehicle designed and used primarily for utilitarian
uses. A utility vehicle shall be, but is not limited to, the following: trailer,
tractor, farm machinery, boat trailer without a boat, truck bed mounted on a
chassis, wheeled towing frame, utility trailer, boxed trailer, flat bed trailer, car
carrier, panel truck or other similar vehicle.
URBAN NUISANCE.
A premises or structure that is dilapidated, substandard,
or unfit for human habitation and a hazard to the public health, safety, and
welfare; regardless of its structural condition, is unoccupied by its owner, lessees,
or other invitees and is 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; or boarded up, fenced, or
otherwise secured in any manner if: the structure constitutes a danger to the public
even though secured from entry; or the means used to secure the structure are
inadequate to prevent unauthorized entry or use of the structure.
13. Section 302.2 shall be amended to read as follows:
302.2 Grading and drainage.
All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water
thereon, or within any structure located thereon. Furthermore, no filling,
excavation or other improvement shall be performed or constructed on any
property which will have an adverse effect on an existing drainage pattern on an
adjacent property.
Exception:
Approved retention areas and reservoirs.
14. Section 302.3 shall be amended to read as follows:
302.3 Sidewalks and driveways
. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of repair, and
maintained free from hazardous conditions, mud, debris, frozen precipitation or
other obstruction that would impair or prevent their use.
15. Section 302.4 shall be amended to read as follows:
302.4 Weed(s), brush and other material over 12 inches high.
It shall be
unlawful for any person owning or occupying any real property within the
corporate limits of the city to permit weed(s) or any other combustible material to
grow to a height greater than 12 inches upon any such real property including but
not limited to alleys, city r.o.w., and utility easements. All vegetation, not
regularly cultivated, and which exceeds 12 inches in height shall be presumed to
be a fire hazard and constitute a nuisance.
Exception:
With respect to lots, tracts or parcels of land designated for
agricultural use by the appropriate County Appraisal District and/or lots, tracts or
parcels zoned Agricultural District as per the City of Coppell Zoning Map, the
provisions of this section shall not apply to any area greater than 50 feet from any
property line and right-of-way line of such street or thoroughfare. Furthermore,
crop shall not grow to a height greater than 4 feet.
16. Add Sections 302.4.1 thru 302.4.11 to read as follows:
302.4.1 Groundcover.
All groundcover including but not limited to
grass, weed(s), ivy, and other decorative groundcovers shall be maintained
by mowing, trimming, and/or edging so as to be in conformance with
Section 302.4 of this section and shall be maintained so as not to encroach
over the edge of sidewalks, pedestrian ways, driveways, flatwork, curbs,
and street pavement. This shall not preclude the use of permeable
pavement or permeable flatwork techniques that incorporate groundcover
in their design provided the areas are maintained in accordance with this
section.
302.4.2 Objectionable matter.
It shall be the lawful duty of any person
owning or occupying real property, within the corporate limits of the city,
to keep such property free from rubbish, and other objectionable,
unsightly, or unsanitary manner. It shall further be the lawful duty of any
person owning any building, establishment, or real property, to keep such
improvements or property free from filth, carrion, or other impure or
unwholesome matter.
302.4.3 Stagnant water.
It shall be unlawful for any person owning or
occupying real property, within the corporate limits of the city, to permit
stagnant water therein, and it shall be the duty of said persons to fill up,
drain, or regrade any lot, ground or yard which has stagnant water therein.
302.4.4 Notice to owner(s) or to person(s).
Notice shall be given in the
manner prescribed in Sections 107.2 and 107.3 to the owner(s) or to
person(s) responsible for the violation as specified in this code.
302.4.5 Subsequent violations within one year.
The city, in the notice of
violation, may inform the owner(s) or person(s) responsible in the manner
prescribed in Sections 107.2 and 107.3 that if the owner commits another
violation of the same kind or nature that poses a danger to the public
health and safety on or before the first anniversary of the date of the
notice, the city without further notice may correct the violation at the
owners expense and assess the expense against the property. If a violation
covered by a notice under this subsection occurs within the one year
period, and the city has not been informed in writing by the owner of an
ownership change, then the city without notice may take any action
permitted by this article and assess expenses as provided by this article.
302.4.6 City may perform work and charge expenses.
If the owner or
occupant of property in the city does not comply with a requirement in this
article within ten days of notice of a violation, the city may do the work or
make the improvements required and pay for the work done and
improvements made and charge the expenses to the owner of the property.
The expenses incurred by the City of Coppell, with city council approval,
pursuant to the correcting of conditions as set forth in this article, shall be
assessed against the real estate on which the work is done or
improvements made.
302.4.7 Expenses of compliance.
In the event that it becomes necessary
for the city to go onto property and do, or cause to be done, the work
necessary to compel compliance with the requirements of this article, the
following expenses shall be charged, levied, assessed and collected against
such property:
1. Actual costs of necessary work;
2. $100.00 administrative fee; and
3. Ten percent interest per year.
302.4.8 Assessments of expenses.
In the event the owners of premises
upon which work was performed by the city and charges incurred, fails or
refuses to pay such charges and expenses within 60 days after the work
was done, the city tax assessor and collector shall file with the county
clerk of Dallas County a lien statement which describes the expenses the
city has incurred pursuant to the provision of this article, the name of the
owner, if known, and the legal description of the property. This lien is
security for the expenditures made and interest occurring at the rate of ten
percent on the amount due from the date of payment by the municipality.
This lien is inferior only to tax liens and liens for street improvements.
302.4.9 Foreclosure.
The city may bring a suit for foreclosure in the
name of the city to recover the expenditures and interest due in any lien
obtained pursuant to this article.
302.4.10 Additional authority to abate dangerous weed(s).
302.4.10.1
Notwithstanding the other provisions to this article, the
city may abate, without notice, weed(s) that have grown higher than
48 inches and are an immediate danger to the health, life, or safety
of any person.
302.4.10.2
If the city abates weed(s) under this section, the city shall
give notice to the property owner in a manner required by Sections
107.2 and 107.3 not later than the tenth day after the date that the
city abates weed(s) under this section. This notice shall contain:
1. An identification, which is not required to be a legal description,
of the property;
2. A description of the violations of the ordinance that occurred on
the property;
3. A statement that the city abated the weeds; and
4. An explanation of the property owner's right to request an
administrative hearing about the city abatement of the weeds.
302.4.10.3
The city shall conduct an administrative hearing on the
abatement of weeds under this section if, not later than the 30th day
after the date of the abatement of the weed(s), the property owner
files with the city a written request for a hearing.
302.4.10.4
An administrative hearing conducted under this section
shall be conducted no later than the 20th day after the date a request
for hearing is filed. The owner may testify or present any witnesses
or written information relating to the city's abatement of the weed(s).
302.4.10.5
Expenses under this section may be assessed in liens
created under the same conditions expressed in this article. The
grant of authority in this section is in addition to all other powers
granted by this article.
302.4.11 Maintenance of subdivision.
Within the boundaries of a
subdivision plat, the homeowner's association shall be responsible for
maintaining all common areas, and shall be considered the owner or
occupant of the common areas for purposes of this article.
17. Section 302.7 shall be amended to read as follows:
Section 302.7 Accessory structures
. All accessory structures, including
detached garages, carports, awnings, patio covers, sheds, storage buildings,
retaining walls, fences and walls, shall be maintained structurally sound and in
good repair.
18. Add Sections 302.7.1 and 302.7.2 to read as follows:
Section 302.7.1 Portable storage container(s) and/or unit(s).
It shall be
unlawful for any person, occupant, or owner to place on any public street
or city right-of-way a portable storage container(s) and/or unit(s)including
but not limited to PODS, Mobile Mini, Smart Box, and Mini Storage
units. Furthermore, such portable storage container(s) and/or unit(s) shall
not be placed on any property for a period longer than forty-five (45)
consecutive days.
Section 302.7.2 Fences and retaining walls.
All fences and retaining
walls shall be maintained reasonably plumb and structurally sound.
Fences and retaining walls that are broken, loose, damaged, missing parts
(i.e. pickets, slates, posts, wood rails, brick, and panels) shall be repaired,
replaced or removed. Each structural and decorative member of a fence or
a retaining wall shall be free of deterioration and be compatible in size,
material, and appearance with the remainder of the fence or retaining wall.
A fence or retaining wall that has deteriorated to a condition that is likely
to fall or if any portion of the fence is more than 15 degrees out of vertical
alignment shall be repaired, replaced, or removed. Fences or retaining
walls shall not be externally braced in lieu of replacing or repairing steel
posts, columns, or other structural members.
19. Add Section 302.8.1 to read as follows:
Section 302.8.1 Parking regulations.
No vehicle, special vehicle, and/or utility
vehicle shall be parked on any lot unless parked on a concrete driveway or solid
concrete slab. Certain vehicles, such as, but not limited to any trailer, boat, boat
trailer, stock trailer, camper trailer, semitrailer, mobile home, truck tractor,
recreational vehicle or bus shall not be parked on any public street within any
residential area of the city for a period longer than two hours.
20. Add Section 302.10 to read as follows:
Section 302.10 Glare.
Exterior lights placed or erected on private property shall
be shielded, placed or erected so as not to create a traffic hazard or a public
nuisance.
21. Add Section 302.11 to read as follows:
Section 302.11 Trees, shrubs and plants
. Trees, shrubs, and plants shall not
obstruct the access to or from any door or window of any structure which is used,
or is required by city codes and ordinances to be used, for ingress or egress.
Trees, shrubs, or plants that are dead and/or which are hazardous to persons or
property shall be removed. Foliage of hedges, trees, and shrubs in public rights-
of-way shall be maintained by the property owner adjacent to the right-of-way,
such that the minimum overhang above a sidewalk shall be seven (7) feet. The
minimum overhang above a street, alley, or public driveway shall be fourteen (14)
feet.
22. Add Section 302.12 to read as follows:
Section 302.12. Nuisances.
All properties shall be maintained free of any
nuisances.
23. Add Section 302.13 to read as follows:
Section 302.13 Erosion Control.
The unpaved areas of the property shall be
maintained with grass, ground cover, or other type of landscaping to such an
extent that the soil, when wet, will not be picked up and spread to sidewalks or
adjacent private or public property and is not subject to erosion during rains.
24. Add Section 302.14 to read as follows:
Section 302.14 Antennas, towers, stacks, etc.
Antennas, towers, stacks, satellite
dishes, and similar structures must be maintained structurally sound, free of
deterioration, firmly secured, and must comply with applicable requirements of
the City of Coppell Zoning Ordinance, as amended.
25. Add Section 302.15 to read as follows:
Section 302.15 Residential Outside Storage
. It shall be unlawful for any person
to allow, permit, conduct or maintain any outside storage on any portion of a lot
or tract, unless screened from public view. Prohibited outside storage shall
include, but is not limited to, the following: Building and landscape material
(exception: allowed only during an active remodeling permit) including firewood,
chemicals; items associated with a home occupation; or other matter associated
with nonresidential activity, appliances and or furniture not designed for outdoor
use; appliances designed for outdoor use but not currently installed; tools,
equipment not connected with a residential use; lawn maintenance equipment;
motor vehicle parts and/or accessories; other items or personal property which are
not customarily used or stored outside and which are not made of a material that
is resistant to damage or deterioration from exposure to the outside environment;
or trash, garbage or other refuse.
26. Section 304.3 shall be amended to read as follows:
[F] Section 304.3 Premises identification
. Buildings shall have approved
address numbers placed in a position to be plainly legible and visible from the
street or road fronting the property and rear alleyway where such alleyway exists.
These numbers shall contrast with their background. Address numbers shall be
Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches
(102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
27. Section 304.15 Doors shall be amended to read as follows:
Section 304.15 Doors.
All exterior doors, garage doors, door assemblies and
hardware shall be maintained in good condition. Locks at all entrances to
dwelling units and sleeping units shall tightly secure the door. Locks on means of
egress doors shall be in accordance with Section 702.3.
28. Add Section 304.19 Burglar bars to read as follows:
Section 304.19 Burglar bars.
Burglar bars shall comply with requirements of
the building code and other codes or ordinances of the city. Burglar bars on
windows of bedrooms of residential structures shall be constructed and mounted
in such a way so as to be operable and openable from the interior of the
residence.”
Section 2
. If any section, subsection, paragraph, sentence, phrase or work in this
ordinance, or application thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Coppell, Texas hereby
declares it would have enacted such remaining portions despite any such invalidity.
Section 3
. That the repeal of any ordinance or any portion thereof by the
preceding sections shall not affect or impair any act done or right vested or accrued or
any proceeding, suit or prosecution had or commenced in any cause before such repeal
shall take effect; but every such act done, or right vested or accrued, or proceedings, suit
or prosecution had or commenced shall remain in full force and effect to all intents or
purposes as if such ordinance or part thereof so repealed shall remain in force.
Section 4
. That any person, firm or corporation violating any of the provisions of
this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas
shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for
each offence, except where a different penalty has been established by State law for such
offense, the penalty shall be that fixed by State law, and for any offense which is a
violation of any provision of law that governs fire safety, zoning or public health and
sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense; and each and every day such
offense is continued shall constitute a new and separate offense.
Section 5. That this ordinance shall become effective immediately from and after
its passage and the publication of the caption, as the law and charter in such cases
provide.
DULY PASSED by the City Council of Coppell, Texas, this the ��day of
2011.
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PE T OS, CITY S CRETARY
AS TO FORM:
ROBERT HAGER, OXY ATTORNEY