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HomeMy WebLinkAbout1969-0628 - Ordinance - 05/23/1969ORDINANCE NO, 628 STANDARD HOUSING CODE CITY OF COLLEGE STATION AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND MAINTENANCE OF DWELLINGS, DWELLING UNITS AND ACCESSORY STRUCTURES; ESTABLISHING MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES, AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF DWELLINGS AND ACCESSORY STRUCTURES; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF DWELLINGS; CREATING A HOUSING BOARD OF ADJUSTMENTS AND APPEALS AND FIXING THE DUTIES AND RESPONSIBILITIES THEREOF; AUTHORIZING THE INSPECTION OF DWELLINGS AND ACCESSORY STRUCTURES AND PROVIDING FOR THE CONDEMNATION OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABITATION AND USE; AND FIXING PENALTIES FOR VIOLATIONS. BE IT ORDAINED by the City Council of the City of College Station, Texas: WHEREAS, within the area of jurisdiction of the CITY OF COLLEGE STATION, Brazos County, Texas, there are or may be dwellings, dwelling units and accessory structures which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment; containing defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, light and sanitary facilities or other conditions render such dwellings and accessory structures unsafe, unsanitary and dangerous or detrimental to the health, safety, morals, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, unavailable or insufficient financing, inadequate sanitary facilities, overcrowded conditions in residential occupancies, buildings and premises and from general neighborhood neglect; and WHEREAS, it has become common knowledge that these conditions can be relieved, in a measure prevented, and often eliminated through planned and properly enforced minimum housing standards, resulting thereby in the upgrading of living conditions, improving the quality of life, and an overall enhancement of the general health, safety and welfare of all residents and property owners of the community; Now, therefore, be it enacted, that: • 01634 Ordinance No. 628 Page 2 The Standard Housing Code for the City of College Station, Texas, the whole thereof, save and except such portions as may hereafter be amended, of which three (3) copies have been and are now filed in the City Office of said City of College Station, Brazos County, Texas, and the same are hereby adopted and incorporated as fully as if set forth at length herein, and from the date on which this ordinance shall take effect, the provisions therein shall be controlling in the use, maintenance and occupancy of all dwellings (permanent, movable, and mobile), dwelling units and/or structures within the area of jurisdiction of the City of College Station, Texas. 100.1 TITLE AND SCOPE: The provisions embraced in the following sections shall constitute and be known as THE STANDARD HOUSING CODE of the City of College Station, Brazos County, Texas. The code establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except as are contrary to the provisions of this code. Every building, permanent, movable, or mobile, used in whole or in part as a dwelling unit or as two or more dwelling units, or as rooming or boarding houses, shall conform to the requirements of this code irrespective of the primary use of such building, and irrespective of when such building may have been constructed, altered or repaired. This Code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof (which are public safety, health, and general welfare) through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removable, demolition, use and occupancy of dwellings (permanent, movable, and mobile), apartment houses, rooming houses or building structures or premises used as such. 100.2 EXISTING BUILDINGS: The provisions of this Code shall apply to any dwelling, apartment, apartment house or rooming house irrespective of when said building was constructed, altered, or repaired. 0 635 Ordinance No. 628 Page 3 (a ). If, within any period of twelve months, alterations or repairs costing in excess of fifty percent of the then physical value of the building are made to an EXISTING building, such building shall be made to conform to the require- ments of the Building Code of the City of College Station for NEW BUILDINGS. (b). If an existing building is damaged by fire or otherwise in excess of fifty percent of its then physical value before such damage is repaired, it shall be made to conform to the requirements of the Building Code of the City of College Station, Texas for NEW BUILDINGS. (c ). If the cost of such alterations or repairs, or the amount of such damage, is more than twenty-five but not more than fifty percent of the then physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the Building Code of the City of College Station for NEW BUILDINGS to such extent as the BUILDING OFFICIAL may determine. (d). Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of the Building Code of the City of College Station, Texas or in such manner as will not extend or increase an existing non -conformity or hazard, may be made with the same kind of materials as those of which the building is constructed. (e). For the purpose of this section, the "PHYSICAL VALUE" of a building or structure, as hereinafter defined, shall be determined by the Building Official. 100.3 MAINTENANCE: All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Code in a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this Code. The tenant shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this Code. 100.4 MOVING DWELLINGS AND STRUCTURES: The owner of any dwelling or structure, or his designated agent, shall secure a permit from the Building Official at the City Hall of the City of College Station, Texas before moving a dwelling or structure into, within, or out of the City Limits .and be responsible to the extent of this Code. 01636 Ordinance No. 628 Page 4 MINIMUM STANDARDS FOR BASE EQUIPMENT AND FACILITIES SECTION 101 - GENERAL No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 101.1 - SANITARY FACILITIES REQUIRED Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions. 101.2 - LOCATION OF SANITARY FACILITIES All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet. 101.3 - HOT AND COLD WATER SUPPLY Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. 101.4 - WATER HEATING FACILITIES Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120°F. Such water heating facilities shall be capable of meeting the requirements of this sub -section when the dwelling or dwelling unit heating facilities required under the provisions of this ordinance are not in operation. 01637 Ordinance No. 628 Page 5 101.5 - HEATING FACILITIES (a) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms, and bathrooms in every dwelling unit located therein to a temperature of at least 70°F. at a distance three (3) feet above floor level, under ordinary minimum winter conditions. (b) Where a gas or electric central heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of 70° F. measured at a point three (3) feet above the floor during ordinary minimum winter conditions. 101.6 - COOKING AND HEATING EQUIPMENT All cooking and heating equipment and facilities shall be installed in accordance with the building, gas or electrical code and shall be maintained in a safe and good working condition. 101.7 - GARBAGE DISPOSAL FACILITIES Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type and location of which facilities or containers are approved by the applicable governing body. SECTION 102 - MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION No person shall occupy as owner -occupant or let or sublet to another for occupancy, any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 102.1 (a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten (10) percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light -obstruction structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of su03 Ordinance No. 628 Page 6 (b) Year around mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window type air-conditioning units are not included in this exception. 102.2 - HABITABLE ROOMS Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least forty- five (45) per cent of the minimum window area size or minimum skylight -type window size, as required, or shall have other approved, equivalent ventilation. 102.3 - BATHROOM Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilation system. 102.4 - ELECTRIC LIGHTS AND OUTLETS REQUIRED Every dwelling shall be wired for electric lights and convenience receptacles. Every habitable room of such dwelling shall contain at least two (2) separate floor or wall -type electric convenience outlets; and every kitchen, bathroom, bedroom, laundry room, furnace room, corridors or hallways, and porches shall contain at least one supplied ceiling or wall -type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner. 102.5 - LIGHT IN PUBLIC HALLS AND STAIRWAYS Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. 01639 Ordinance No. 628 Page 7 SECTION 103 - MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 103.1 - GENERAL All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used and installed and connected to the source of electric power in accordance with the adopted Electrical Code of the City of College Station, Texas. (a) Where the determination is made, upon examination of the existing electrical service supply, that such electrical service supply is obsolete or is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, the following shall be used for determining the adequacy of such service supply and main disconnect switch: Total Number of Lighting Capacity of Main Service Supply Electrical Outlets Only and Main Disconnect Switch 0-24 25 - 50 60 amp service 100 amp service (b) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the electrical code of the City of College Station, Texas. SECTION 104 - GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 104.1 - FOUNDATION The building foundation walls, piers, or other structural elements shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 01640 Ordinance No. 628 Page 8 104.2 - EXTERIOR WALLS The exterior walls shall be substantially weathertight, watertight and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair. 104.3 - ROOFS Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. 104.4 - MEANS OF EGRESS Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet (7) ' leading to a safe and open space at ground level. 104.5 - STAIRS, PORCHES AND APPURTENANCE Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. 104.6 - PROTECTIVE RAILINGS Protective railings shall be required on any unenclosed structure over five (5) feet from the ground level or on any steps containing four (4) risers or more. 104.7 - WINDOWS AND DOORS Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair. 104.8 - WINDOWS TO BE GLAZED Window panes or an approved substitute shall be maintained without cracks or holes. 104.9 - WINDOW SASH Window sash shall be properly fitted and weathertight within the window frame. 104.10 - WINDOWS TO BE OPENABLE Every window required for light and ventilation for habitable roo be capable of being easily opened and secured in position by window hard . Ordinance No. 628 Page 9 104.11 - HARDWARE Every exterior door shall be provided with proper hardware and maintained in good condition. 104.12 - DOOR FRAMES Every exterior door shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the dwelling building. 104.13 - SCREENS Every door opening directly from a dwelling unit to outdoor space shall have screens and a self-closing device; and every window or other device with opening to outdoor space, used or intended to be used for ventilation, shall likewise have screens. Dwelling buildings containing central heating furnaces and air-conditioning equipment for mechanically ventilating the building year around are not required to have screens on door or window openings. Window type air-conditioning units are not included in this exception. 104.14 - PROTECTIVE TREATMENT All exterior wood surface, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. 104.15 - ACCESSORY STRUCTURES Garages, storage buildings and other accessory structures shall be maintained and kept in good repair and sound structural condition. 104.16 - INTERIOR FLOOR, WALLS, AND CEILINGS Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 104.17 - STRUCTURAL SUPPORTS Every structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render them incapable of carrying loads which normal use may cause to be placed thereon. 104.18 - PROTECTIVE RAILINGS FOR INTERIOR STAIRS Interior stairs and stairwells more than four (4) risers high shall have handrails located in accordance with the requirements of the building code. H 4 2r protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. Ordinance No. 628 Page 10 SECTION 105 - MINIMUM DWELLING SPACE REQUIREMENTS No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 105.1 - REQUIRED SPACE IN DWELLING UNIT Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor area per additional occupant. 105.2 - REQUIRED SPACE IN SLEEPING ROOMS In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. 105.3 - MINIMUM CEILING HEIGHT At least one-half of the floor area of every habitable room, foyer, hall or corridor shall have a ceiling height of at least seven feet (7'); and the floor area of that part of any room where the ceiling height is less than seven feet (7') shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. 105.4 - OCCUPANCY OF DWELLING UNIT BELOW GRADE unless: No basement or cellar space shall be used as a habitable room or dwelling unit (a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; (b) The total of window area in each room is equal to at least the minimum window area size as required in Section 102.1 of this code; (c) Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and (d) The total of openable window area in each room is equal to at least the minimum as required under Section 102.2 of this code, except where there is supplied some other device affording adequate ventilation. 0164a Ordinance No. 628 Page 11 SECTION 106 - SANITATION REQUIREMENTS No person shall occupy as owner -occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 106.1 - SANITATION Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 106.2 - CLEANLINESS Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls or which is provided for his particular use. 106.3 - GARBAGE DISPOSAL Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. 106.4 - CARE OF PREMISES (a) It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc. , upon notice from the Building Official. (b) For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power. 01S44 Ordinance No. 628 Page 12 106.5 - EXTERMINATION Every occupant of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. 106.6 - USE AND OPERATION OF SUPPLIED PLUMBING FIXTURES Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. SECTION 107 - ROOMING HOUSES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this Code except the provisions of Section 101 and Section 106. 107.1 - LICENSE REQUIRED No person shall operate a rooming house unless he holds a valid rooming house license. 107.2 - WATER CLOSET, LAVATORY AND BATH FACILITIES (a) At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever said facilities are shared. (b) All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. 107.3 - WATER HEATER REQUIRED Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 107.4 —MINIMUM FLOOR AREA FOR SLEEPING PURPOSES Every room occupied for sleeping purposes by one person shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor space for each occupant thereof. 01645 Ordinance No. 628 Page 13 107.5 - EXIT REQUIREMENT Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the governed area or of the state. 107.6 - SANITARY CONDITIONS The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. SECTION 108 - DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE OF CONDEMNATION The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements: 108.1 - DANGEROUS STRUCTURES Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and placarded by the Building Official. (a) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or of the public. (b) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 108.2 - FORM OF NOTICE Whenever the building Official has declared a dwelling or multi -family dwelling as unfit for human habitation and constituting a nuisance, he shall give notice to the owner of such declaration and placarding of the dwelling or multi- family dwelling as unfit for human habitation. Such notice shall: 01646 Ordinance No. 628 Page 14 (a) Be in writing; (b) Include a description of the real estate sufficient for identification; (c) State the time occupants must vacate the dwelling units; (d) Said notice shall further state that, if such repairs, reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the Building Official shall institute such legal proceedings, charging the person or persons, firm, corporation, or agent with a violation of this Code. 108.3 - SERVICE OF NOTICE Service of notice to vacate shall be as follows: (a) By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or (b) By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon; or (c) By posting and keeping posted for twenty-four (24) hours a copy of the notice in placard form in a conspicuous place on the premises to be vacated. 108.4 - VACATING OF DECLARED BUILDING Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Building Official, shall be vacated within thirty (30) days after notice of such condemnation has been given by the Building Official to the owner and/or occupant of the building. 108.5 - OCCUPANCY OF BUILDING No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until approval is secured from and such placard is removed by the Building Official. The Building Official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. 108.6 - REMOVAL OF PLACARD OR NOTICE No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Section 108.5 . Ordinance No. 628 Page 15 ORGANIZATION 202.1 - ENFORCEMENT OFFICER There is hereby established by the CITY COUNCIL of the City of College Station, Texas, provisions for the enforcement of this Code by the BUILDING OFFICIA L. 202.2 - RESTRICTIONS ON EMPLOYEES No officer or employee connected with the department, except one whose only connection is a member of the board, established by this act, shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, or in the making of plans or of specifi- cations therefor, unless he is the owner of such building. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the department. 202.3 - RECORDS The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. SECTION 203 - POWERS AND DUTIES OF BUILDING OFFICIAL 203.1 - RIGHT OF ENTRY The Building Official shall enforce the provisions of this Code, and he, or his duly authorized representative upon presentation of proper identification to the owner, agent, or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage in which case the above limitations shall not apply. 203.2 - UNSAFE BUILDINGS, DWELLINGS, :APARTMENT HOUSES, AND ROOMING HOUSES All dwellings, apartment houses, rooming houses or buildings or structures used as such which are unsafe, unsanitary, unfit for human habitation, or not provided with adequate egress; or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section, unsafe bu'l'rs48 Ordinance No. 628 Page 16 All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedure: (a) Whenever the Building Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor and such alleged violation shall constitute a nuisance. Such notice shall: (1) Be put in writing; (2) Include a statement of the reasons why it is being issued; (3) Allow 120 days time for the performance of any act it requires. (4) Said notice shall further state that, if such repairs, recon- struction, alterations, removal or demolition are not voluntarily completed within the stated time as set forth in the notice, the Building Official shall institute such legal proceedings charging the person or persons, firm, corporation, or agent with a violation of this code. (b) Service of notice shall be as follows: (1) By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or (2) By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon; or (3) By posting and keeping posted for twenty-four (24) hours a copy of the notice in a conspicuous place on the premises to be repaired. 203.3 - REQUIREMENTS NOT COVERED BY CODE Any requirement, not specifically covered by this Code, found necessary for the safety, health, and general welfare of the occupants of any dwelling, shall be determined by the Building Official subject to appeal to the Housing Board of Adjustments and Appeals. 203.4 - LIABILITY Any officer or employee, or member of the Housing Board of Adjustments and Appeals, charged with the enforcement of this Code, in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of this Code shall be defended by the Department of Law until the final termination of the proceedings. 01`J49 Ordinance No. 628 Page 17 203.5 - REPORTS The Building Official shall annually submit a report to the City Manager and Mayor covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of the Housing Board of Adjustments and Appeals during said year. SECTION 204 - INSPECTIONS The Building Official shall make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming units, and premises in the interest of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Building Official, or his agent, is hereby authorized, to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit, or rooming units, or the person in charge thereof shall give the Building Official free access to such dwelling, dwelling unit or rooming unit and its premises, at all reasonable times for the purpose of such inspection, examination and survey. SECTION 205 - HARDSHIPS Where the literal application of the requirements of this Code would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this Code, or any of the regulations therein have been mis- construed or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the Building Official to the Housing Board of Adjustments and Appeals, as set forth in Section 207 - Appeals. SECTION 206 - HOUSING BOARD OF ADJUSTMENTS AND APPEALS 206.1 - APPOINTMENT (a) There is hereby created by the Applicable, Governing Body a Board to be known as the Housing Board of Adjustments and Appeals, which shall consist of not less than three (3) members appointed by the Governing Body. The members shall be residents of the governed area. Members of the Board shall be appointed for three year terms, except that on the initial appointment, one shall be appointed for one year, one for two years, and one for three years. Any one or more members of said Board shall be subject to removal or replacement by the appointment authority at any time for cause of stated charges after a public hearing before the appointing authority, and a vacancy on said Board shall be filled by the appointing authority for the unexpired term of such vacancy. The members of said Board shall serve without compensation. 01650 Ordinance No. 628 Page 18 (b) As soon as practical after their appointment, the members of the Housing Board of Adjustments and Appeals shall meet and organize by electing a Chairman, Vice -Chairman, and Secretary. Thereafter, officers of the Board shall be elected by the members at the first annual meeting of the Board. 206.2 - MEETINGS The Board shall hold regular meetings each month at which meeting all appeals on file shall be considered and acted upon by the Board. Regular or special meetings may be called by the Chairman at any time. Reasonable notice of the place, time and date of such meetings shall be given all the members of the Board and all interested parties in each case to be heard by the Board. 206.3 - RECORDS All minutes of the Board meetings shall be public records and the Secretary of the Board shall keep all records and perform such additional duties as the Board may deem proper. 206.4 - DUTIES The duties of the Housing Board of Adjustments and Appeals shall be: (a) To consider and determine appeals whenever it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been mis construed or wrongly interpreted. (b) To permit, in appropriate cases where the application of the requirement of this Code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, a reasonable extension of time, provided, however, no such extension shall be granted for more than eight (8) months from the date of such notice. No appeal shall be considered where an appeal case has been previously decided involving the same premises. 206.5 - PROCEDURE The Housing Board of Adjustments and Appeals shall establish its own rules of procedure for accomplishment of its duties and functions, provided that such rules shall not be in conflict with the provisions of this Code and the laws of the state. 01651. Ordinance No. 628 Page 19 206.6 - DECISIONS All decisions of the Housing Board of Adjustments and Appeals to vary the application of any provision of this Code or to modify an order of the Building Official shall specify in what manner such variance or modification is made, the conditions upon which it is made, and the reasons therefor. Every decision shall be in writing and shall indicate the vote upon the decision. A copy of all decisions shall be promptly filed in the office of the Building Official and shall be open to public inspection. The Secretary shall notify the appellant in writing of the final action of the Board. SECTION 207 - APPEALS Any person receiving written notice from the Building Official of deficiencies in his property under this Code may within fifteen (15) days following the date of such notice enter an appeal in writing to the Housing Board of Adjustments and Appeals. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The appellant must state the variance or modification requested, the reasons therefor, and the hardship or conditions upon which the appeal is made. No appeal filed later than fifteen (15) days after the date of such notice shall be acted upon by the Housing Board of Adjustments and Appeals, unless the Building Official shall consent thereto. SECTION 208 - VIOLATIONS AND PENALTIES Any person, firm, corporation or agent, who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this Code shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, or continued and upon conviction of any such violation such person shall be punished within the limits and as provided by State Laws. SECTION 209 - VALIDITY If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. 01.652. Ordinance No. 628 Page 20 • 301.1 DEFINITIONS SECTION 301 - DEFINITIONS For the purpose of this code, certain abbreviations, terms, phrases, words, and their derivatives, shall be construed as set forth in this Section. 301.2 Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural number includes the singular. The following definitions shall apply in the interpretation and enforcement of this ordinance: ALTER OR ALTERATION means any change or modification in construction or occupancy. APPLICABLE GOVERNING BODY - City Council, College Station, Texas, to administer and enforce the provisions of this Code, as adopted or amended. APPROVED shall mean approved by the Building Official. BASEMENT shall mean a portion of a building located partly underground but having less than one-half or more of its clear floor -to -ceiling height below the average grade of the adjoining ground. BUILDING shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term "building" shall be construed as if followed by the words "or part thereof". BUILDING OFFICIAL shall mean the officer, or other person, charged with the administration and enforcement of this ordinance or his duly authorized representative. CELLAR shall mean a portion of a building located partly or wholly underground, having one-half or more of its clear floor -to -ceiling height below the average grade of the adjoining ground. DWELLING shall mean any building which is wholly or partly used or intended • to be used for living or sleeping by human occupants whether or not such building is occupied or vacant: provided that temporary housing as hereinafter defined shall not be regarded as a dwelling, nor shall trailers be included as a dwelling. 01653 Ordinance No. 628 Page 21 DWELLING UNITS shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating whether or not such unit is occupied or vacant. EXTERMINATION shall mean the control and extermination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods. FAMILY means one or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities. FLOOR AREA shall mean the total area of all habitable space in a building or structure. GARBAGE shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. INFESTATION shall mean the presence within or around a dwelling, of any insects, rodents, or other pests. MULTIPLE DWELLING shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. OPENABLE AREA shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let. OWNER shall mean the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others: 01654 Ordinance No. 628 Page 22 (a) shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in posssessions, assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner. PERSON shall mean and include any individual, firm, corporation, association or partnership. PLUMBING shall mean the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities, the venting system and the public or private water -supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm -water, liquid -waste, or sewerage, and water -supply systems of any premises to their connection with any point of public disposed or other acceptable terminal. PREMISES shall mean a lot, plot or parcel of land including the buildings or structures thereon. PUBLIC AREAS as used in this Code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all incumbrances that might interfere with its use by the Fire Department. REPAIR means 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 effect 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 change of construction. 01655 Ordinance No. 628 Page 23 REQUIRED means required by some provision of this Code. RESIDENTIAL OCCUPANCY - Buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories, shall be classified as "Residential Occupancy". Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses. ROOMING HOUSE shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. ROOMING UNIT shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. RUBBISH shall mean combustible and non-combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust. STAIRWAY means one or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. STORY means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. STRUCTURE means that which is built or constructed, an edifice or building of any kind, or any piece of work artifically built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof. " SUPPLIED shall mean paid for, furnished, or provided by or under control of, the owner or operator. TEMPORARY HOUSING shall mean any tent, trailer, or other structure. used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thi rty ( 30) consecutive days. 01656 Ordinance No. 628 Page 24 VENTILATION means the process of supplying and removing air by natural or mechanical means to or from any space. YARD means an open unoccupied space on the same lot with a building extending along the entire length of a street, or rear, or interior lot line. MEANING OF CERTAIN WORDS. Whenever the words "dwelling, " "dwelling units, " "rooming house, " "rooming units, " "premises, " are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof." Nothing in this ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. The invalidity of any section or provision of this ordinance or of the code hereby adopted shall not invalidate other sections or provisions thereof. The welfare of the City of College Station, Texas requires that this ordinance shall take effect immediately upon its passage. PASSED and APPROVED this 23rd day of May, 1969. APPROVED: Mayor ATTEST: City Secretary las 01657