ORD 1986-06 Apartment Residence License TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 86-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
MAKING PROVISIONS REQUIRING AN APARTMENT COMPLEX
LICENSE; PROVIDING DEFINITIONS; PROVIDING A LICENSE FEE
AND A REINSPECTION FEE; PROVIDING STANDARDS; PRO-
VIDING FOR INSPECTION OF CERTAIN RECORDS AND THE
PREMISES; PROVIDING FOR AN APPEAL TO THE TOWN COUN-
CIL; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OF-
FENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING
A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas, (the "Town"), has a number
of resident dwelling units located within the Town and developed and operated
as multi-family residences; and
WHEREAS, the Town has a concern about the population density within
the multi-family residences; that the multi-family residences be used solely for
multi-family purposes and a further concern that the units be not only
constructed in accordance with all of the applicable Town ordinances but that
the units be maintained in compliance with all such applicable ordinances; and
WHEREAS, the Town Council believes it is in the best interest of its
citizens in the promotion and protection of the health, safety, morals and
general welfare of the community that the Town establish a licensing procedure
applicable to multi-family residences.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Title. This ordinance shall be known as the "Multiple-Family
Residence Licensing Ordinance," hereinafter referred to as the "Ordinance," of
the Town of Trophy Club, Texas.
Section 2. Definition. For the purpose of the Ordinance, the following
words and phrases have the meanings respectively ascribed to them by this
section:
A) Multiple Family Dwelling Complex. Referred to as an "Apartment
Complex" in the body of this Ordinance. Any building or portion
thereof, which is rented, leased or let to be occupied for
compensation as three (3) or more dwelling units or which is
occupied as a home or place of residence by three (3) or more
families living in independent dwelling units located in the Town of
Trophy Club, and which dwelling units are located on a single plat.
B) Bedroom. A room used or intended to be used for sleeping
purposes and not as a kitchen, bathroom, living room, closet,
hallway, utility space, entry way, garage, patio or breezeway.
C) Owner. Means a person claiming, or in whom is vested, the
ownership, dominion or title of real property, including but not
limited to:
1) Holder of fee simple title;
2) Holder of life estate;
3) Holder of a leasehold estate for an initial term of five years
or more;
4) The buyer in a contract for deed;
5) A mortgagee, receiver, executor or trustee in control of real
property; but not including the holder of a leasehold estate
or tenancy for an initial term of less than five years.
D) Dwelling Unit. Means a structure, or that part of a structure,
which may be used as a home, residence or sleeping place by one
or more persons maintaining a common household to the exclusion
of all others.
E) Property Manager. Means a person who for compensation
has managing control of an Apartment Complex for an owner.
F) Resident Manager. Means a property manager or agent of a
property manager who resides in the Apartment Complex.
G) Premises. Means a lot, plot or parcel of land, including any
structure thereon, and furthermore, including a dwelling unit,
appurtenances thereto, grounds and facilities held out for the use
of tenants generally and any other area or facility the use of which
is promised to the tenant.
H) Efficiency Unit. Efficiency unit is defined as the equivalent of a
one-bedroom unit.
I) Tenant. Means any person who occupies a dwelling unit for
living or dwelling purposes with the landlord's consent.
J) Landlord. Any owner who leases or rents a dwelling unit within
an Apartment Complex to another.
K) Person. Includes an individual, corporation, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, or any other legal or community entity.
L) Town. Town of Trophy Club, Texas.
M) Family. Any number of individuals living together as a single
housekeeping unit, in which not more than three (3) individuals are
unrelated by blood, marriage or adoption. Foster children, for the
purpose of this definition, shall be considered as being related to
their foster parent or parents.
N) Building Inspector. The Chief Building Official of the Town or his
designated representative.
0) Single Location. Single location is defined as property held in
common ownership that is compact and contiguous property
separated only by public streets.
P) Apartment Complex License. License issued by Building Inspector
pursuant to this Ordinance and referred to as "License" in this
Ordinance.
Section 3. License Required.
A) It shall be unlawful for any person to own, operate, manage or
maintain an Apartment Complex in the Town without a current and
valid license having been issued for said Apartment Complex. Any
person owning, operating, managing or maintaining an Apartment
Complex at more than one location shall obtain a license for each
separate location.
B) An owner, or his duly authorized agent, of an Apartment Complex
shall file with the Building Inspector any and all trade names under
which he operates with respect to the leasing or renting of each
Apartment Complex.
Section 4. License Application, Place of Business, Issuance, Renewal
and Expiration
A) An applicant for a license shall file with the Building Inspector a
written application upon a form provided for that purpose which
shall be signed by the owner, or his agent, or the property manager
or resident manager if there be such. Should an applicant own an
Apartment Complex at more than one (1) location, a separate
application shall be filed for each location. The following
information shall be required in the application:
Name, address, telephone number of non-resident owner,
property manager, resident manager, mortgagee (if there is
a mortgage against property); trade name of the Apartment
Complex; names and addresses of all registered agents in
case the parties above named are corporations; zoning
categories; number of dwelling units broken down as to
number of efficiencies, one-bedroom, two-bedroom and
three-bedroom; acknowledgment of receipt of copy of the
"Multiple-Family Residence Licensing Ordinance" and agree-
ment to abide by same as a condition to receiving and
maintaining a license.
B) Parties currently owning, operating, managing or maintaining
Apartment Complexes shall apply for a license within 60 days of
the effective date of this Ordinance.
C) All licenses shall expire twelve (12) months from the date of
issuance of the license.
D) The Building Inspector may, at any time, require
additional relevant information of the owner or property manager
to clarify items on the application.
E) Upon a change in ownership of the Apartment Complex, a new
license shall be obtained within thirty (30) days of the change and
a new annual period shall begin upon the issuance of the license.
The owner shall notify the Town within thirty (30) days of the
change of ownership. The owner shall also notify the Town of a
change of property manager or resident manager within thirty (30)
days of the date of such change.
Section 5. License and Inspection Fees. The annual fee for a license,
including any reinstatement license renewal under Section 8(E), is $120.00 for
the first single location, plus $25.00 per dwelling unit.
Section 6. License Display, Replacement and Transferability.
A) A copy of each license issued pursuant to this Ordinance for an
Apartment Complex shall be posted and displayed in the Apartment
Complex office in a conspicuous place to which tenants have
access. The copy shall have the word "Copy" stamped across its
face.
B) A replacement license may be issued for one lost, destroyed or
mutilated upon application on the form provided by the Building
Inspector. A replacement license shall have the word "Replace-
ment" stamped across its face and shall bear the same number as
the one it replaces.
C) An Apartment Complex license is neither assignable nor trans-
ferable.
D) The form of the license shall be prepared by the Building Inspector.
Section 7. License Standards.
A) Standards. Continued maintenance and observance of the
standards contained in this section are conditions that shall be
complied with in order to retain a license and to obtain
any renewal of a license.
B) It shall be unlawful for any person to permit or allow more than
one (1) family to reside in any Apartment Complex dwelling unit.
C) All Town building, electrical, plumbing, health, zoning and other
applicable ordinances, including the Minimum Housing Code, shall
be complied with at all times.
D) Notwithstanding the provisions of all other Town ordinances, the
maximum number of persons per dwelling unit density for dwelling
units in an Apartment Complex is as follows:
1) No more than two (2) persons per each bedroom are
permitted to reside in a unit plus one additional person. For
example; in a one-bedroom or efficiency unit, the density
shall not exceed three (3) persons; in a two-bedroom unit,
the density shall not exceed five (5) persons; in a three (3)
bedroom unit, the density shall not exceed seven (7) persons.
E) Licensee shall keep current records that reflect the following
information:
1) Number of all tenants occupying each unit,
2) Head of Household.
Said records shall be available for review by the Building
Inspector or his designated representative during regular working
hours and upon receipt of reasonable notice.
F) It shall be unlawful and a violation of this ordinance for an owner,
property manager or resident manager, to knowingly permit or
allow a violation of any of the terms of Section 7. It shall be
unlawful for a tenant to violate any of the terms of Section 7 or
to permit or allow any persons to reside in the unit in violation of
Section 7.
G) The requirements of Section 7(B) shall not be applicable to a family
residing in a dwelling unit on the effective date of this Ordinance
nor during the time said family continues to reside in the same
dwelling unit. This exception does not apply to, permit or allow
any additional unrelated parties to reside in said occupied dwelling
unit.
H) An owner shall not be prohibited from establishing a more
restrictive density for each dwelling unit within his Apartment
Complex, provided the density is based upon persons per each
established bedroom.
Section 8. Inspections, Reinspections and Certificate of Occupancy.
A) The owner, property manager and resident manager, as a condition
to the issuance of the license required by this Ordinance, shall
consent and agree to permit and allow the Town's Building
Inspector to make the following inspections of the Apartment
Complex when and as needed to ensure compliance with this
Ordinance.
1) Right and access to inspect all portions of the premises and
structures located on the premises that are not dwelling
units. This includes all storage areas, community buildings,
swimming pools, athletic facilities, club rooms, equipment
rooms and all other portions of the facilities not constructed
as dwelling units, upon reasonable advance notice being
given to the owner, property or resident manager.
2) Right and access to inspect all unoccupied dwelling units
upon giving reasonable notice to the owner, property or
resident manager.
3) Right and access to inspect all occupied dwelling units when,
upon receipt of reliable information, the Building Inspector
has reason to believe that violations of the ordinances of the
Town or State law exist that involve serious threats to life,
safety, health and property.
4) Annually, the owner, property manager or resident manager
shall make all dwelling units in the Apartment Complex
available for inspection by the Building Inspector. The
Building Inspector and the owner, property manager and
resident manager shall agree on a reasonable date and time
for each annual inspection. In the event the parties cannot
agree on an inspection time, said annual inspection shall
occur within fourteen (14) days of the anniversary date of
the application for the license.
B) The Building Inspector, or his agent, may enforce the provisions of
this Ordinance, upon presentation of proper identification to the
occupant in charge of any unit, and may enter, with the occupant's
permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.;
provided, however, that in cases of emergency where extreme
hazards are known to exist which may involve imminent injury to
persons, loss of life or severe property damage, the Building
Inspector may enter the aforementioned dwellings at any time and
the requirement for presentation of identification and the occu-
pant's permision shall not apply. Whenever the Building Inspector
is denied admission to inspect any premises under this provision,
inpsection shall be made only under authority of a warrant issued
by a magistrate authorizing the inspection. In applying for such a
warrant, the Building Inspector shall submit to the magistrate an
affidavit setting forth his belief that a violation of this Ordinance
exists with respect to the place sought to be inspected and the
reasons for such belief. Such affidavit shall designate the location
of such place and the name of the person believed to be the
occupant thereof. If the magistrate finds that probable cause
exists for an inspection of the premises in question, he may issue
a warrant authorizing the inspection, such warrant describing the
premises with sufficient certainty to identify the same. Any
warrants issued will constitute authority for the Building Inspector
to enter upon and inspect the premises described herein.
C) In the event any of the inspections authorized in this Ordinance
require a second reinspection due to noted violations, a $30.00
reinspection fee shall be paid prior to the second reinspection.
D) Certificate of Occupancy. Where the owner, his agent, property or
resident manager fails to comply with the terms of this Ordinance
within thirty (30) days after receipt of written notice of the
violation from the Building Inspector setting out the violations and
the time allowed to rectify the violations, the owner's certificate
of occupancy may be withdrawn and the license authorized by this
Ordinance may be cancelled. Such failure to comply shall result in
the owner being cited to Municipal Court as provided in Section 10.
Additionally, the Building Inspector may notify all public utility
companies serving the Apartment Complex that the certificate of
occupancy has been withdrawn and request that all public utility
services be discontinued.
E) Reinstatement. Any person requesting a reinstatement or
reissuance of the certificate of occupancy shall be required to
apply for and receive a new license issued under this Ordinance as
a condition precedent to the reissuance or reinstatement of the
certificate of occupancy.
Section 9. Appeals to the Town.
A) The owner, property or resident manager for such property may
appeal any decision or order of the Building Inspector to the Town
Council of the Town of Trophy Club, Texas, by filing at the Office
of the Town Secretary, within five (5) working days (Monday
through Friday) after such decision or order, during regular business
hours, a written appeal of such decision or order to the Town
Council on a form to be supplied by the Town Secretary.
B) As soon as practicable after receiving the written appeal, the Town
Secretary shall fix a date, time and place for the hearing of the
appeal by the Town Council. Written notice of such date, time and
place of the hearing shall be given to each appellant by the Town
Secretary, either by causing a copy of such notice to be delivered
to the appellant personally or by mailing a copy thereof, postage
prepaid, addressed to the appellant at his address shown on the
written appeal.
C) Failure of any person to file an appeal in accordance with the
provisions of this Ordinance shall constitute a waiver of his right
to a hearing by the Town Council and the Building Inspector's
decision shall be final.
D) Orders of the Building Inspector are stayed pending appeal.
Section 10. Penalty. Any person willfully violating any of the
provisions of this Ordinance shall be subject to a fine, upon conviction in the
Municipal Court, of not less then One ($1.00) Dollar nor more than One Thousand
Dollars ($1,000.00) and each and every day that the prohibited condition remains
and restoration, if required, not accomplished, shall constitute a separate
offense. Those fines shall be in addition to and cumulative of the provisions for
the abatement of a nuisance and the obtaining of injunctive relief.
Section 11. Severability. If any section, paragraph, subdivision, clause
or phrase of this Ordinance shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this Ordinance as a whole or any part of
any provision thereof other than the part so decided to be invalid or
unconstitutional.
Section 12. Effective Date. Effective date of this Ordinance shall be
thirty (30) days from its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL of the Town of
Trophy Club, Texas, on this the 10 day of February , 1986.
Town of Trop Club, Texas
ATTEST. /
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T try, Town of Trophy C ub, Texas
[SEAL]
APPR: /ED AS TO FORM:
Tow Attorney, Town of Trophy Club, Texas