HomeMy WebLinkAbout2021-4268 - Ordinance - 06/10/2021
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER
-FAMILY AND DUPLEX UNIT RENTAL
OFTHE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO
RENTAL REGISTRATION;PROVIDINGA 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 103Buildings and Building Regulations-
Family and Duplex UnitRentalRegistration, Section 103of the Code of
Ordinances of the City of College Station, Texas, be amended as set out in Exhibit
Aattached 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
thantwenty fivedollars($25.00)and not more than fivehundred dollars ($500.00)
or more thantwothousand dollars($2,000)for a violation of fire safety, zoning, or
public health and sanitationordinances, 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:ThisOrdinance 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 Form 8-14-17
ORDINANCE NO.Page 2of 6
PASSED, ADOPTED and APPROVED this day of , 20.
ATTEST:APPROVED:
__________________________________________________________
City SecretaryMayor
APPROVED:
_______________________________
City Attorney
Ordinance Form 8-14-17
ORDINANCE NO.Page 3of 6
EXHIBITA
That Chapter 103Buildings and Building Regulations,-Family and Duplex
UnitRentalRegistration, Section 103ofthe Code of Ordinances of the City of College Station,
Texas, is hereby amended to read as follows:
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:
Administratormeans the City Manager or designee.
Duplex dwellingis as defined in Article 11, "Definitions," of the Unified Development
Ordinance (see App. A).
Multi-family dwellingis as defined in Article 11. "Definitions," of the Unified Development
Ordinance (see App. A).
Owner occupiedis defined as the property's owner of record that utilizes the dwelling as the
owner's primary residence.
Rental propertymeans 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 dwellingis as defined in Article 11, "Definitions," of the Unified Development
Ordinance (see App. A).
Sec. 103-237.Purpose.
Thisarticlepurpose is establishinga registration requirement for rental property owners so
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, public safety needor when a City, State
or Federal law violationhasoccurred 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.
Thisarticle 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.
Ordinance Form 8-14-17
ORDINANCE NO.Page 4of 6
Sec. 103-238.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 required upon any
change in property 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 assingle-family or duplex;
(4)Local contact person with contact information, in the case of an absentee owner. The
local contact person cannot be a personlistedor namedon the lease. The local contact
must reside within thirty (30)miles of City Hall. Any change in local contact information
must be reported to the Administrator in writing within thirty (30)days of any change.
(b)Tenant names, the contact information for all tenantslistedor namedon the current lease and
all current leasesshall be presented to the Administrator for review upon request.
(c)Other information shall likewise be provided, as deemed necessary by the Administrator.
(d)Arental registration fee established in Section 2-117 shall be assessed per building at the time
of any required registration.
Sec. 103-239.Violations.
(a)It is a violation of this article to:
(1)Fail to register a rental property;
(2)Fail to present or provide required information or documents;
(3)Failto update informationor documentation;
(4)Fail to pay the rental registration fee;
(5)Provide false information to the Administrator;
(6)Fail to pay an administrative penalty; or
(7)Continue non-compliance with this article, following either an administrative or judicial
finding of non-compliance or plea of guilty.
(b)A plea of no contest shall be treated as a plea of guilty.
Sec. 103-240.Penalties.
(a)Administrative penalties for violations of this articlemay be imposed, in addition to the
criminal prosecution authorized by Section 1-7.
(b)Theadministrative penalty for a failing to register a rental property as required by this article
shall be as follows:
Ordinance Form 8-14-17
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Administrative Penaltyforfailing to register Administrative Penalty Amount
within30 daysof initial notification
31-45 daysoverdue$25.00per day
46-60 daysoverdue $50.00per day
61-75 daysoverdue$75.00per day
76 or more daysoverdue$100.00per day
(c)Each day such violation shall continue or be permitted to continue shall be deemed a separate
offense.
Sec. 103-241.Administrative Citations.
The Administrator,aCode EnforcementOfficer,oraPeace Officerhasthe authority to
issue administrative citations for violations. A person'ssignature on a copy of the citation
acknowledgesreceipt and isa promise to contact,within ten days of the date of the citation,the
Administrator to pay or arrange for a plea and a hearing. Failure or refusal to sign shall be noted
and a copy filed with the Administrator, as due and payable within ten days, absent a timely appeal,
the lack of signature notwithstanding.
Sec. 103-242.Administrative adjudication of violations.
(a)A person receivingan administrative citation or summons under this articleis entitled to an
administrative hearing.
(b)The Administrator shall implement and enforce this articlewithnecessary and consistent
procedures.
(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. An administrative citation or summons serves as notice of
administrative adjudication hearing.
(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
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that such right to a hearing shall be exercised by personally appearing before the
Administrator, or at a location specified by the Administrator on the citation or
summons, within ten days from the citation date; and
(3)Failure to answer the administrative 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 summons may be served by personal
service, regular or certified mail.
(h)The original or a copy of the citationor summons, 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 proper service was made.
Ordinance Form 8-14-17