The URL can be used to link to this page

Home My WebLink About2017-3927 - Ordinance - 09/11/2017 ORDINANCE NO. 2017-3927 AN ORDINANCE AMENDING CHAPTER 103, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE V, "SINGLE-FAMILY AND DUPLEX UNIT RENTAL REGISTRATION,", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO REGISTRATION OF RENTAL PROPERTY;PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 103,"Building and Building Regulations,"Article V.,"Single-Family and Duplex Unit Rental Registration," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue,shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO.2017-3927 Page 2 of 6 PASSED, ADOPTED and APPROVED this 11th day of September, 2017. ATTEST: APP ' e ED: El_ _,r .moi/ City Secret yor APPROVED: AA-C14 C ity Attorney ORDINANCE NO.2017-3927 Page 3 of 6 EXHIBIT A That Chapter 103, "Building and Building Regulations," Article V., "Single-family and Duplex Unit Rental Registration," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: ARTICLE V. - REGISTRATION OF RENTAL PROPERTY Sec. 103-236. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the City Manager or designee. Duplex dwelling is as defined in Article 11, "Definitions," of the Unified Development Ordinance (see App. A). Multi-Family Dwelling is as defined in Article 11. "Definitions," of the Unified Development Ordinance (see App. A). Owner Occupied is defined as the property's owner of record that utilizes the dwelling as the owner's primary residence. Rental property means any single-family,townhome, duplex,tri-plex, four-plex, five-plex, or six-plex dwelling unit that is not owner occupied, whether or not rent is charged. The term "rental property" includes, but is not limited to, properties rented to students, families, or any other persons;properties in which a family member of the owner resides in the home but the owner does not(regardless of whether additional persons also reside in the home); properties used as vacation rentals or game-day rentals; and properties where a property caretaker lives in the home but the owner does not. Single-family dwelling is as defined in Article 11, "Definitions," of the Unified Development Ordinance (see App. A). (Code 2011 (Repub.), § 4-19(B)) Sec. 103-237. - Penalties. (a) Administrative penalties for code violations may be imposed, in addition to the criminal prosecution authorized by Section 1-7. The following criteria shall be considered: (1) The extent to which the person has benefited from the violation; (2) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation; (3) The recidivism of the person, including previous compliance and enforcement action; (4) Good faith efforts to remedy the violation; (5) The duration of the violation after a notice and order of compliance was served. (b) The amount of the citation shall be as follows: ORDINANCE NO.2017-3927 Page 4 of 6 Offense Payment Within Ten Days/Payment After Ten Days First I $180.00/$200.00 Second $330.00/$350.00 Third and subsequent $480.00/$500.00 (c) Each day such violation shall continue or be permitted to continue shall be deemed a separate offense. (Code 2011 (Repub.), § 4-19(E)) Sec. 103-238. - Purpose. The purpose of this article is to establish a registration requirement for owners of rental properties so that the City may expeditiously identify and contact the owner, if local, or owner's local contact person to obtain tenant information in the event of an emergency or when a disproportionate number of City, State or Federal law violations have occurred on or in the property. It is not the intent of this article to determine the rights and liabilities of persons under agreements to which the City is not a party. This article shall not be construed to alter the terms of any lease or other agreement between a landlord and a tenant or others relating to property that is the subject of this article, provided that no provision of any lease or other agreement shall be construed to excuse non-compliance with this article. (Code 2011 (Repub.), § 4-19(A)) Sec. 103-239. - Violations. (a) It is a violation of this article to: (1) Fail to register a rental property when required by Section 103-242; (2) Fail to present and/or provide documents requested pursuant to Section 103-242(b) or (c); (3) Provide false information to the Administrator under this article; or (4) Continue noncompliance with this article, following either an administrative or judicial finding of noncompliance or plea of guilty. (b) A plea of no contest shall be treated as a plea of guilty for purposes of this article. (Code 2011 (Repub.), § 4-19(F)) Sec. 103-240. - Citations. The Administrator shall have the authority to issue citations for the violation of the provisions of this article. An individual's signature on a copy of the citation is acknowledgement of receipt of the same and a promise to contact the Administrator to either pay or arrange for the entry of a plea and a hearing, within ten days of the date of the citation. Failure or refusal to sign shall be noted ORDINANCE NO.2017-3927 Page 5 of 6 and a copy filed with the Administrator,as due and payable within ten days,absent a timely appeal, the lack of signature notwithstanding. (Code 2011 (Repub.), § 4-19(D)) Sec. 103-241. - Administrative adjudication of violations. (a) A person who receives an administrative citation or summons under Section 103-237 is entitled to an administrative hearing. (b) The Administrator shall implement and enforce the provisions of this article, establishing necessary procedures consistent with this article. (c) One or more Hearing Officers shall be appointed by the Administrator to administratively adjudicate all violations for which an administrative citation or summons is issued. (d) A Hearing Officer shall have the authority to: (1) Administer oaths; (2) Accept admissions and hear and determine contests of violations under this article; and (3) Issue orders enforceable by the Municipal Court compelling the attendance of witnesses and the production of documents. (e) The administrative adjudication process is initiated by the issuance of an administrative citation or summons by a City Code Enforcement Officer or licensed Peace Officer. An administrative citation or summons serves as notice of administrative adjudication hearing under this article. (f) An administrative citation or summons shall include the following information: (1) The nature, date, time and location of the alleged violation; (2) A statement that a person charged with a civil offense under this Code is entitled to an administrative adjudication hearing to determine liability for the charged offense and that such right to a hearing shall be exercised by personally appearing at College Station Municipal Court within ten days from the date of the citation. (3) A notification that failure to answer the citation or to appear at the administrative adjudication hearing is considered an admission of liability for the violation and will result in the assessment of civil fines, costs and fees. (g) An administrative citation or summons may be served personally on the owner of the rental property or the owner's legal registered agent. The citation or summons may be served by personal service, regular and/or certified mail. (h) The original or a copy of the citation, including an electronic copy, is a governmental record kept in the ordinary course of City business and is rebuttable proof of the facts it contains. (i) The original and all copies of any administrative citation or summons are prima facie evidence that it was issued and that service was made in accordance with this section. (Code 2011 (Repub.), § 4-19(G)) ORDINANCE NO. 2017-3927 Page 6 of 6 Sec. 103-242. - Rental registration required. (a) Each owner or real estate manager of rental property is required to register the property with the City on a form provided by the Administrator. A new registration is also required upon any change in ownership. The information required to register the rental property is as follows: (1) Address of the rental property; (2) Owner and contact information for the owner; (3) Type of rental property, such as single-family or duplex; (4) Local contact person with contact information, in the case of an absentee owner. The local contact person cannot be someone who is listed on the lease. The local contact must reside within 30 miles of City Hall. Any change in local contact information must be reported to the Administrator in writing within 30 days of any changes. (b) Tenant names, the contact information for all persons listed on the current lease and all current lease shall be presented to the Administrator for review upon request. (c) Other information shall likewise be provided, as deemed necessary by the Administrator. (d) A fee established in Section 2-117 shall be assessed per building at the time of any required registration. (Code 2011 (Repub.), § 4-19(C); altered in 2017 recodification)