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Home My WebLink AboutOrdinance 3162 ORDINANCE NO. 3162 AN ORDINANCE AMENDING SECTION 98 -142 AND TABLE 2 OF CHAPTER 98 FEES OF APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ESTABLISHING REGULATIONS AND REQUIREMENTS FOR PERMITS AND INSPECTIONS FOR CERTAIN RENTAL PROPERTY AND A FEE FOR UNAUTHORIZED RENTAL OCCUPANCY; ESTABLISHING A PENALTY FOR VIOLATIONS AND PROVIDING FOR PUBLICATION. WHEREAS, city staff has recommended requirements for permits and inspections for single family, two, three, four family and townhouse rental units; WHEREAS, such proposed regulations appear to the city council to be well designed to promote safety and adequate maintenance of residential structures within the city; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 98 -142 of the North Richland Hills Code of Ordinances is hereby amended by amending referenced amendments to the 2006 International Building Code as follows: "' *'Amend Section R110.2; change to read as follows: R110.2.1 Change in use. Changes in the character or use of an existing residential structure shall not be made except as specified in the International Building Code. R110.2.2 Change in tenancy. The owner of a residential rental unit must obtain a Certificate of Occupancy from the Building Official prior to the unit being occupied by a new tenant. The Building Official or his designated representative will inspect the unit and premises for compliance with Sections 98- 462(b) through 98- 462(n) of the North Richland Hills Code of Ordinances and other applicable ordinances of the City. If deficiencies are found, the Building Official may prohibit occupancy of the unit and premises until such time as the owner takes action needed to bring the unit and premises into compliance. The inspection required by this section shall also be required for a dwelling unit and premises prior to its original occupancy as a rental unit. Exceptions: 1. Units provided to members of the building owner's immediate family. Ordinance No. 3162 Page 1 of 5 2. Units that have entered the rental market in an effort to prevent foreclosure or similar economic hardship. This exception shall apply to the initial tenant of the rental unit only. 3. Units which have passed inspection shall not be subject to inspection as a condition of a Certificate of Occupancy requested within one year of such inspection unless a complaint is received. R110.2.2.1 If the dwelling unit is found to be occupied prior to inspection, the Building Official shall assess an administrative fee, as indicated in the Fee Schedule found in Appendix A of the North Richland Hills Code of Ordinances. This fee shall be paid by the owner prior to any subsequent inspection or reinspection of the unit and shall be cumulative of all other fees or penalties provided in this code. 'Amend Section 110.3; change to read as follows: R110.3 Rental Certificate of Occupancy. When the Building Official or his representative determines that a rental dwelling unit and premises are in compliance with the provisions of this code and other applicable codes of the City of North Richland Hills, a Rental Certificate of Occupancy containing the following shall be issued: 1. The address of the structure; 2. A statement that the described portions of the structure have been inspected for compliance with the requirements of this code; 3. The name of the tenant (if known at the time of inspection) 4. The name of the building inspector; 5. The date the Rental Certificate of Occupancy was issued. No certificate -of- occupancy shall be issued for a rental dwelling unit until the owner has paid all outstanding fees, including past due fees from other rental units; and has perfected all liens attached to the property by the City of North Richland Hills. Rental Certificates of Occupancies issued to a building owner or owner's representative shall expire in 60 days if the unit is not occupied by a tenant. R110.3.1 Establishing water utility service. Once a rental unit is approved for occupancy, the tenant of the rental unit shall present the Rental Certificate of Occupancy to the North Richland Hills Utility Billing Department before a new water service account can be established. No water service account to any single - family rental unit shall be established until the Building Official or his designated representative has issued a Rental Certificate of Occupancy for the unit. R110.3.2 Temporary Rental Certificate of Occupancy. In cases where violations are minor and will not affect the safety of the occupant(s), the Building Official is authorized to issue the owner a 60 -Day Temporary Rental Certificate of Occupancy. It is the responsibility of the building owner to correct all noted deficiencies and to Ordinance No. 3162 Page 2 of 5 obtain a reinspection prior to the expiration of the temporary rental certificate of occupancy. Failure to correct all deficiencies prior to the expiration of a temporary rental certificate of occupancy is considered a violation of this code and shall be subject to penalties as prescribed by ordinance. ** *Amend Section 111.2; change to read as follows: R111.2 Temporary connection of utilities. The building official shall have the authority to authorize and approve the temporary connection of the building system to the utility source of energy, power or water. ** *Amend Section R202; add definition: Residential Rental Unit. A residential rental unit is any living unit within an attached or detached one - family dwelling, two - family dwelling, three - family dwelling„ four - family dwelling, or townhouse that is rented or leased for use as a residence by a single family, individual or group of individuals." Section 2: Table 2 of the fees established for Chapter 98 contained in Appendix A of the North Richland Hills Code of Ordinances is hereby amended by adding new Items 1 d. and 13 which shall read as follows: 44 CHAPTER 98. BUILDINGS AND BUILDING REGULATIONS TABLE 2 MISCELLANEOUS BUILDING PERMIT FEES TABLE INSET: Item Fee 1. Certificate of Occupancy Application Fee: d. Single Family Rental NA 13. Single Family Rental — Unauthorized Occupancy 100.00 11 Section 3: Permit fees for required repairs to residential rental units are hereby waived for all repairs required under this ordinance until July 1, 2012. Ordinance No. 3162 Page 3 of 5 Section 4: If a task force is appointed by a landlord's association and prepares an alternative ordinance recommendation to city staff, within one year of the effective date hereof., council shall review this ordinance and such alternative. Section 5: All other ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent that they are in conflict. Such other Ordinances are hereby saved from repeal to the extent they do not conflict herewith. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 7: Violation of any provision of this ordinance or the International Residential Code as herein amended which governs fire safety and public health, shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00). All other violations shall be punished by a fine not exceeding Five Hundred Dollars ($500.00). Each day any violation shall continue shall constitute a separate offense. Section 8. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance. Section 9: This ordinance shall be effective on and after April 2, 2012. AND IT IS SO ORDERED. PASSED AND APPROVED on the 24th day of October, 2011. r��t�ti��mmi CITY ORTH ICH AN 'HILLS ti .. RI C H <q �v 4 By: Oscar Trevino, ayor :TEST/, X Patricia Hutson, City Secretary Ordinance No. 3162 Page 4 of 5 APPR FOR AND LEGALITY: George A. Stapl s, 69y Attc6ey APPROVED TO CONTENT: l John Pitstick, Planning & Development Director Ordinance No. 3162 Page 5 of 5 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 318977951 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 11/29/2011 Federal Tax ID 26- 2674582 Terms Net due in 21 days Bill To: Due Date: 11/30/2011 CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 31897795 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates:l 1/28/2011 - 11/29/201 0 ORTH AND HILL. CITY OF N ORDINANCE NO. 3162 13580 1 36 36 LINE $17.29 $1,244.84 An Ordinance amending Section 98- 142 and Table 2 of Chapter 98 Fees of Appendix A of the North Richland Sales DISCCI Hills Code of Ordinances and ($1,145.40) establishing regulations and re- quirements for permits and in- MisC Fee spections for certain rental property $10.00 and a fee for unauthorized rental occupancy, establishing a penalty for violations and providing for publication. V,olation of any provision of this ordinance or the International Residential Code as herein amended Net Amount $109.44 which governs fire safety and public health, shall be punished by a fine of not more than Two Thousand Dollars ($2 000.00) . All other vio- ♦ ♦'% .Ho lotions shall be punished by a fine not exceeding Five Hundred Dollars �5 .•'�.� Pv'• ($500.00). Each day any violation - 4 • e shall continue shall constitute a .Z`� Z '� `� :• y "' separate offense. V • 7t� Passed and Approved on this 24th y day of October, 2011. * . /s /Oscar Trevino Oscar Trevino - Mayor . � ` ATTEST: ••.�'o�•..• / /s /Patricia Hutson ��t' County A T APPROVEDDtsAS TO Sec y o i t /s /George Staples George Staples - City Attorney Before me, a o a� Public In and for sal ounty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 - 2323 Signed , SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Dec b 2011. Notary Public Jf Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 318977951 Invoice Amount: $109.44 PO Number: Amount Enclosed: $