OR 2014-1393 Property Maintenance Code
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _2014-1393
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 15 ARTICLE 15-14 TO ADOPT THE
INTERNATIONAL PROPERTY MAINTENANCE CODE 2012
EDITION, AS THE CITY OF COPPELL PROPERTY
MAINTENANCE CODE; PROVIDING AMENDMENTS TO THE
INTERNATIONAL PROPERTY MAINTENANCE CODE 2012
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 Code of Ordinances of the City of Coppell Texas be and
the same is hereby amended by amending Chapter 15, Article 15-14 in part to adopt the
International Property Maintenance Code, 2012 Edition, with amendments to read as
follows:
“ARTICLE 15-14. PROPERTY MAINTENANCE CODE”
There is hereby adopted the International Property Maintenance Code, 2012 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. 15-14-2Amendments.
.
The following sections of the International Property Maintenance Code, 2012 Edition, are
hereby amended to read as follows:
1.Section 101.1shall be amended to read as follows:
101.1 Title
. These regulations shall be known as the Property Maintenance Code of
the 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 Energy Conservation Code,
International Fire Code, International Fuel Gas Code, International Mechanical Code,
International Residential 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, is hereby created and the
executive official in charge thereof, Chief Building Official or designee, 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 the 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 by 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 replaced by:
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, referred to as the City, 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.
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 January
th
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, boarding-houses, 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.
5. Properties that are currently being occupied by family member(s) with
a written notice given to Building Inspection and no rental payments
are being collected from occupant.
113.4 Frequency of inspections.
All rental dwellings subject to this article shall be
inspected 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.
113.4.2 Inspection of townhome(s):
The owner of multiple townhomes shall
provide written notice to Building Inspection indicating the type of
registration classification of their townhomes as listed below:
a. Residential classification which shall be inspected upon change of
occupancy with appropriate fees; or
b. Multifamily classification which shall require ten percent of the entire
complex be inspected each year with appropriate fees.
113.5. Rental Registration Inspection required.
No person shall rent, lease or let
for occupancy any dwelling subject to this division without having a valid, current
rental registration inspection for that dwelling.
113.6 Inspection procedure.
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 for violation to be corrected. If such uncorrected violations do not
pose an immediate threat to the health, safety, and welfare of the occupants, the Chief
Building Official 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 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.
113.9 Exemptions.
The provisions of this article shall not apply to hospital units,
nursing home units or retirement-home units licensed by the state located within the
City and properties that are currently being occupied by family member(s) and no
payments are being collected all of which shall be specifically exempt from
registration under this article.
113.10 Fees.
A fee schedule as established by resolution of the City shall be charged
for compliance with this article.
113.11 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.
113.12 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.
113.13 Failure to register or obtain inspection.
If the owner or local property
manager fail to register a property within the time prescribed or fails to obtain a
passing inspection prior to occupancy, they shall be liable to a fine not to exceed Two
Thousand ($2,000.00) dollars.
11. 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,
scratched on or applied to 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, ANTIQUE.
A passenger car or truck that is at least 35 years old.
VEHICLE COLLECTOR.
A person who: (a) owns one or more antique or special
interest vehicles; and (b) acquires, collects or disposes of an antique or special interest
vehicle or part of them for personal use to restore and preserve an antique or special
interest vehicle for historic interest.
VEHICLE, SPECIAL INTEREST.
A vehicle of any age that has not been changed
from the original manufacturer’s specifications and, because of its historic interest is
being preserved by hobbyist.
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.
12. 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.
13. 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.
14. 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 any street or thoroughfare. Furthermore, crops shall not be
allowed to grow to a height greater than 4 feet.
15. 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
or Denton 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.
16. 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.
17. 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.
18. Amend Section 302.8 to read as follows:
Section 302.8 Motor Vehicles.
Except as provided for in other regulations, no
inoperable or unlicensed motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major disassembly,
disrepair, or in the process of being stripped or dismantled. Paint of vehicles is
prohibited unless conducted inside an approved spray booth.
Exceptions:
1. A vehicle of any type is permitted to undergo major overhaul, including body
work, provided that such work is performed inside a structure or similarly
enclosed area designed and approved for such purposes.
2. A vehicle that is completely enclosed within a building in a lawful manner and
is not visible from the street or other public or private property.
3. That is stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or a junk yard; or
4. That is antique or special interest vehicle stored by a vehicle collector on the
collector’s property, if the vehicle or part and the outside storage area, if any, are:
(a) maintained in an orderly manner; (b) not a health hazard; and (c) screened
from ordinary public view by appropriate means including a fence, rapidly
growing trees or shrubbery.
19. Add Section 302.8.1 and 302.8.2 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 be parked on any public street within any residential
area of the City for a period longer than two hours.
Section 302.8.2 Non-conforming parking surfaces.
Pre-existing, non-conforming
gravel driveways/ parking surfaces (those installed prior to the current solid parking
surface requirement) shall be maintained to be free of grass and weeds.
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, operator
systems if provided, 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.
28Add Section 304.20 Burglar bars to read as follows:
.
Section 304.20 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 (Z day of
i6,%A.t ,2014.
0
APPROVED
I
1,121, a
• ' N HUNT,MAY I R
ATTEST:
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j / /
HRISTEL PETTINOS,CITY SE ' TARY
APPROVED AS TO FORM:
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ROBERT HAGER,CIT ATTORNEY