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HomeMy WebLinkAboutORD 71-5ORDINANCE NO.. -,!5" ENTITLED AN ORDINANCE CREATING CHAPTER 12A AND ARTICLE I THEREOF OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT,.ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND MAIN- TENANCE OF STRUCTURES OCCUPIED FOR RESIDENTIAL PURPOSES; REQUIRING ADEQUATE PLUMBING, LIGHT, VENTILATION, ELECTRIC SERVICE, AND HEATING; DETERMINING ACCEPTABLE STANDARDS OF SPACE AND USE OF DWELLINGS; REQUIRING SAFE AND SANITARY MAINTENANCE; REQUIRING INSECT AND'RODENT CONTROL; REQUIRING ADEQUATE AND SAFE STANDARDS FOR ROOM- ING HOUSES; PROHIBITING SUBSTANDARD CONDITIONS; REQUIRING ENFORCEMENT BY THE HOUSING AND ENVIRON- MENTAL CONTROL OFFICER; CREATING A HOUSING BOARD OF APPEALS AND FIXING THE DUTIES AND RESPON- SIBILITIES THEREOF; PROHIBITING UTILITIES TO VACANT SUBSTANDARD DWELLINGS; PROVIDING FOR NOTICE; PROVIDING FOR CUMULATION OF ALL OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: CHAPTER 12A ENVIRONMENTAL CONTROL STANDARDS ARTICLE I SUBSTANDARD HOUSING Section 12A-1, Title This Chapter of the Code of Ordinances shall be known as "Environmental Control Standards", and shall be so cited, and Article I of this Chapter shall be known as "Minimum Housing Code", and shall be so cited. Section 12A-2. Definitions For the purpose of this Code; certan-abbreviatioris,�'terms, phrases, words and their derivatives, shall be construed as set forth in this section. (1) Basement. The term "basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the a -7f 6- 3-,2- 71 2�4 i '7 " # I . :. t.e B i vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling, pro- vided, however, that the distance from grade to ceiling shall be at least four (4) feet six (6) inches. (2) Building Code. The term "Building Code" means the Southern Standard Building Code as adopted by the Code of Ordinances of Beaumont, Texas. (3) Cellar. The term "cellar" means that portion of a building the ceiling of which is entirely below grade or less than four (4) feet six (6) inches above grade. (4) Dwelling. The term "dwelling" means a structure occupied for residential purposes. (5) Dwelling Unit. The term "dwelling unit" means any room or group of rooms located within a structure or other enclosed space occupied for residential purposes and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. (6) Family. The term "family" means one or more persons living together whether related to each other by birth or not and having common housekeeping facilities. (7) Habitable Room. The term "habitable room" means a room occupied by one or more persons for living, eating or sleeping purposes. It does not include toilets, laun- dries, serving and storage pantries, corridors, cellars and spaces that are not used frequently or during extended periods. (8) Occupant. The term "occupant" means any person over one year of age living, sleeping, and cooking or eating -2- in or having actual possession of a dwelling, dwelling unit or rooming unit, provided, however, that for pur- poses of notices provided for herein, the head of the family in actual possession shall be the occupant. (9) Owner. The term "owner" means the holder or holders of legal title to property in question and includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question. (10) Person. The term "person" means a natural person as well as a firm, partnership or corporation. (11) Rooming Unit. The term "rooming unit" means any room or group of rooms located within a structure or other enclosed space occupied for residential purposes forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes. (12) Rooming House. The term "rooming house" means any structure occupied for residential purposes containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not members of his or her family or household. (13) Structure. The term "structure" means a building of any kind. The term structure shall be construed as if followed by the words "or part thereof". (14) Substandard. The term "substandard" shall mean any dwelling, dwelling unit, rooming house or rooming unit which fails to conform to or comply with the standards provided in Section 12A-3 of this Article. -3- Section 12A-3. Dwelling Space, Use and Occupancy Requirements Any dwelling, dwelling unit, rooming house or rooming house unit must conform to and comply with the following standards: (1) Plumbing (a) Each dwelling unit shall contain at least the following plumbing fixtures: (1) One kitchen sink. (2) One lavatory. (3) One water closet. (4) One tub or shower. (b) Required plumbing fixtures shall: (1) Be properly connected and in good working condition. (2) Be located with the dwelling unit. (3) Bathroom fixtures shall be enclosed within a sep- arate room accessible from the interior of dwelling or dwelling unit to the occupants of same. (c) Required plumbing fixtures shall be connected, through a pipe distribution system in good working order, to an adequate potable water supply, when available, and to the public sewer or sewerage disposal system approved by the City of Beaumont Health Department. (d) Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower as required herein an adequate supply of both hot and cold water. Hot and cold water to be connected to such fixtures through a pipe distribution system in good working order. The hot water appliances furnishing said hot water shall be maintained in an operable condition. -4- (2) Light and Ventilation (a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. A window shall not be deemed to face directly to the outdoors if walls or portions of a structure facing directly opposite same are located less than five (5) feet from said window and extend to a level above that of the ceiling of the room in which said window is located. (b) Every habitable room except a kitchen shall have a total window area (measured between stops) facing directly to the outdoors equal to ten (10) percent of the floor area of such room. (c) If a skylight window in the top of the room is the only window in such room, then such room shall have a window area of at least fifteen (15) percent of the total floor area of such room. (d) Housing which due to a specific design concept contains a room or rooms without windows or with lesser window area but has provision for adequate mechanical light and ventilation shall be exempt from this provision by the Housing Environmental Controls;Officer or his rep- resentative. (e) Every habitable room shall have at least one window or skylight which can easily be opened. Total openable area of said windows shall be equal to at least forty- five (45) percent of the required window area as provided for herein. This requirement may be waived if a hab- itable room is provided with adequate mechanical devices to provide sufficient ventilation. -5- (f) Every bathroom and water closet room shall comply with the light and ventilation requirements herein for hab- itable rooms or be equipped with the ventilation system conforming to the building code. (3) Electric Service (a) Every habitable room shall contain at least the following: (1) Two (2) wall type convenience outlets (or one duplex type outlet); or (2) One such convenience outlet and one ceiling type fixture with switch. (3) Every bathroom, water closet and laundry room shall be supplied with one ceiling or wall type electric light fixture. (4) Every dwelling unit shall have at least two (2) electrical circuits one of which shall be devoted principally to convenience outlets for appliances. (5) Every public hall.and/or stairway and every multiple family structure shall be adequately lighted by electric lights at all times when natural daylight is not sufficient. (b) Every dwelling and dwelling unit shall be served by a minimum 60 amp electric service to the meter with a minimum of two -15 amp circuits per dwelling units. (c) All fixtures, receptacles, equipment and wiring required by this subsection shall meet the following standards: (1) New installation shall be required to meet minimum current standards of appropriate codes of the City of Beaumont. MM L`,'''��-I..e l '. (2) For the purposes of this section existing electrical equipment and systems which were originally installed in compliance with the then existing codes of the City of Beaumont are permissable provided they are still in good state of repair and capable of being used in a safe manner. (3) All electrical equipment and systems shall be main- tained in a state of good repair and be safe and capable of utilization by the occupant. (4) Heating (a) Where a central.or electric heating system is not pro- vided, each dwelling unit shall be provided with suffi- cient fireplaces, chimneys, flues or gas vents to accommodate heating appliances necessary to furnish a minimum temperature of 70° Fahrenheit measured at a point three (3) feet above the floor of such dwelling unit when outdoor temperature is 40° Fahrenheit. Space heaters or bathroom wall heaters shall not require a flue or vent under the terms of this ordinance. (b) Where a central or electric heating system is provided for a dwelling unit, the same shall be of sufficient capacity so as to furnish said dwelling unit a minimum temperature of 70° Fahrenheit measured at a point three (3) feet above the floor of such dwelling unit when outdoor temperature is 40° Fahrenheit. (5) Space, Use and Location (a) Every dwelling unit shall contain at least the following minimum area: -7- (1) For the first occupant, 150 square feet of habitable room floor space. (2) For each of the next three occupants, 100 square feet of additional habitable floor space. (3) For each additional occupant, an additional 75 square feet of habitable floor space. (b) Every room occupied for sleeping purposes in every dwelling unit and/or in every rooming unit shall contain the following minimum floor space area: (1) For one occupant, 70 square feet of floor space area. (2) For more than one occupant, at least 45 square feet of floor space area for each occupant 12 years of age and over -and at least 30 square feet of floor space area for -each occupant under 12 years of age (a person under one year of age shall not be counted as an occupant) . (c) Closet area and hall area within the dwelling unit, where provided, may count for not more than ten (10) percent of the required habitable room floor space area. (d) At least one-half of the floor space area of every hab- itable room shall have a ceiling height of at least six (6) feet nine (9) inches. The floor space area of any part of any room where the ceiling height is less than four (4) feet six (6) inches shall not be con- sidered as part of the floor space area in computing the total floor space -area to determine maximum per- missable occupancy. (e) Such areas may be used, however, if they are in excess of the minimum requirements as•prescribed in this sub- section. (f) A basement or cellar shall not be used for a habitable room unless it meets the following requirements: (1) Floors and walls are substantially water tight. (2) Total window area, total openable window area and ceiling height conform to the requirements for habitable rooms. (3) The required minimum window area of every habitable room is entirely above the grade adjoining such window area not including stair wells and access ways. (6) Maintenance. (a) Every foundation wall, exterior wall and exterior roof of every dwelling, dwelling unit, rooming house and rooming unit shall conform to the following standards as applicable: (1) Shall be substantially weathertight, watertight and rodent proof. (2) Shall be capable of supporting the load which normal use may cause to be placed thereon. (3) All exterior walls of dwellings, dwelling units, rooming houses and rooming units shall be made sub- stantially impervious to the adverse affects of weather by periodic applications of paint or other protective coating. (b) Every floor, interior wall and ceiling of every dwelling, dwelling unit, rooming house and rooming unit shall be substantially rodent proof and in sound condition, safe to use and capable of supporting the load which normal use may cause to be placed thereon. (c) Every window, skylight, exterior door and basement or cellar door and hatchway of every dwelling, dwelling unit, rooming house and rooming unit shall be substan- tially weathertight, watertight, and rodent proof; and shall be kept in sound working condition and good repair. (d) Every inside and outside stair, porch, and any appur- tenance thereto of every dwelling, dwelling unit, rooming house and rooming unit shall be in sound con- dition, safe to use and capable of supporting the load that normal use may cause to be placed thereon. (e) Every bathroom floor surface and water closet room floor surface of every dwelling, dwelling unit, rooming house and rooming unit shall be constructed and main- tained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (7) Insect and Rodent Control (a) In every dwelling, dwelling unit, rooming house and rooming unit, for protection against mosquitoes, flies and other insects, every opening used or intended to be used for ventilation shall be supplied with screens and for protection against rodents, every basement or cellar opening used or intended to be used for venti- lation shall be supplied with screens. (b) Every occupantof a dwelling containing a single unit shall be responsible for the extermination of any in- -10- u, f sects, rodents, or other pests therein or on the prem- ises; and every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be respon- sible for such extermination whenever his dwelling unit or rooming unit is the only one infested. Notwithstand- ing the foregoing provisions of this paragraph, whenever infestation is caused by failure of the owner to main- tain a dwelling in a reasonably rodent and insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units or rooming units in any dwelling or in the shared or public parts of any dwelling containing two (2) or.more dwelling units or rooming units, extermination thereof shall be the responsibility of the owner. (8) Rooming Houses (a) No structure of wood frame construction shall be used as a rooming house unless certified as being safe by the Fire Marshal. (b) Every structure designed or intended to be used as a rooming house shall contain within the structure the following sanitary facilities, and equipment contained in separate room or rooms accessible from a hall or other room not normally used for living purposes. Water Closets Lavatories Bath Tub or Shower Male: 1 for each 1 for each 1 for each 8 persons 12 persons 8 persons Femele: 1 for each 1 for each 1 for each 8 persons 12 persons 8 persons -11- w (c) Every rooming house shall be provided with means of egress as required by the Building Code. Section 12A-4. Unlawful Occupancy It shall be unlawful for any person to occupy or let to another person for occupancy any dwelling, dwelling unit, rooming house or rooming unit which has been inspected under the terms of this ordinance and found to be in violation thereof. Section 12A-5. Enforcing Officer -- Powers and Duties of (a) The Housing and Environmental Control Officer, herein- after referred to as "Enforcing Officer", is charged with the duty of enforcing this ordinance. (b) The Enforcing Officer shall enforce the provisions of this Code, and he, upon presentation of proper iden- tification 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. Whenever the Enforcing Officer is denied admission to inspect any premises, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspec- tion for violations of this ordinance. In applying for such a warrant, the Enforcing Officer shall submit to the magistrate his affidavit setting forth his belief that a violation of this ordinance exists with respect to the place sought to be inspected and his reasons for such belief. Such affidavit shall designate the loca- tion of such place and the name of the person believed to be the owner, operator or occupant thereof. If the magistrate finds that probable cause exists for a search -12- 3 of the premises in question he shall issue a warrant authorizing the search, such warrant describing the premises with sufficient certainty to identify the same. Any warrant so issued shall constitute authority for the Enforcing Officer to enter upon and inspect the premises described therein. It shall constitute a violation of this ordinance for any person, upon issuance of such warrant, to interfere with or refuse to permit such entry or inspection. (c) Neither the Enforcing Officer nor any employee of his department 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 and specifications therefor for a profit unless such person is the owner of such structure. (d) Neither the Enforcing Officer nor any employee of his department shall engage in any work which is in con- flict with his duties or the interest of the department. (e) The Enforcing Officer shall enforce this ordinance in the following manner: (1) After inspection he shall notify in writing the occupant and owner of such substandard dwelling, dwelling unit, rooming house or rooming unit of the findings of his inspection and shall notify said owner of advisory services made available by the City of Beaumont. (2) If satisfactory evidence of action necessary to abate said violation, or intent to take such action, has not been presented to the Enforcing Officer within -13- 4 fifteen (15) days from receipt of the aforesaid notice, he shall notify in writing the owner and occupant that there is a violation of the provisions of this ordinance. The Enforcing Officer shall cause to be posted at each entrance to the premises a placard giving suitable notice as set forth in this section. This notice shall contain a descrip- tion of the substandard dwelling, dwelling unit, rooming house or rooming unit; a statement of par- ticulars which makes same substandard; an order to vacate same within one hundred twenty (120) days of said notice; a'statement that the owner and occupant has the right to appeal in the event ex- treme hardship is involved; and a statement.that said appeal must be submitted in writing within twenty (20) days of receipt of said notice by the owner and occupant or the agent of either. (3) The Enforcing Officer shall file a copy of such order with the Housing Board of Appeals, upon written application of appeal by the owner or occupant filed with the Board. The Board may, in writing, after hearing the evidence, revoke, suspend or modify the notice of the Enforcing Officer in cases of extreme personal hardship that make com- pliance impossible -or when the regulations herein have been misinterpreted by the Enforcing Officer. (4) If the notice of the Enforcing Officer is not re- voked as provided above, then upon the expiration of the one hundred twenty (120) days, he may file -14- appropriate complaint or complaints for violation of this ordinance as specified in such notice. (5) If notice has been modified by the Board, he may file appropriate complaint or complaints for viola- tion of this ordinance as specified in such order of the Housing Board of Appeals upon the expiration of the one hundred twenty (120) days period. (6) If such notice has been suspended for a definite time, he may file appropriate complaint or complaints upon expiration of said time period. (f) In any suit against the Enforcing Officer or his em- ployees arising out of the discharge of his duties here- under, the City Council, if it determines that such official or employee was without personal fault, may agree that the City will bear the cost of'defense of such suit. Section 12A-6. Housing Board of Appeals (a) There is hereby established a board to be called the Housing Board of Appeals which shall consist of seven (7) members and two (2) alternate members who shall serve only in the absence'of the regular members. Such Board may be composed of one (1) Licensed Real Estate Broker, one (1).Physician, one (1) Architect, one (1) General Contractor or Building Materials Dealer, one (1) Clergyman of any religion, and two (2) members and two (2) alternates at large, all of whom are resident home owners of the City of Beaumont. The said Board and its Chairman shall be appointed by the City Council. (b) Of the members first appointed, two (2) may be appointed -15- a for a term of one (1) year, two (2) for a term of two (2) years, three (3) regular members and two (2) alter- nate members for a term of three.(3) years, and there- after they may be appointed for terms of three (3) years. All regular members and alternates shall be subject to removal at the will and pleasure of the City Council. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. (c) Five (5) members of the Board shall constitute a quorum. In revoking, suspending or modifying the notice of the Enforcing Officer not less than four (4) affirmative votes shall be required. No Board member shall act in a case in which he has a personal interest. (d) The Board shall establish rules and regulations for its own procedures not inconsistent with the provisions of this ordinance. The Board shall meet at regular inter- vals, to be determined by the Chairman, or, in any event, the Board shall meet within thirty (30) days after application of appeal has been received. All decisions of the Board shall be in writing and furnished the interested parties by U. S. Mail. Section 12A-7. No Utilities to Vacant Dwellings No water, gas, electricity, or sewer services shall be pro- vided to any dwelling unit or rooming unit found to be substandard which is or becomes vacant until such dwelling unit or rooming unit has:been brought into compliance with the provisions of this ordinance. -16- 'v-3 / � ` -.gyp 3ds.-� 9-0 1 Section 12A-8. Notices All notices provided for herein shall be deemed sufficient if sent by United States Mail, Return Receipt Requested, to the last known address of the occupant, owner or persons having an interest in a structure as required above and a copy of such notice is posted in a conspicious place on the substandard dwelling, dwelling unit, rooming house or rooming unit to which it relates. Section 12A-9. Cumulative This chapter shall be cumulative of and in addition to all other ordinances of the City directed to the protection of the public health, safety and welfare and shall never be construed to have repealed any provision of'any such ordinance by implication or to have affected any acts or proceedings undertaken by virtue of any such other ordinance. Section 12A-10. Severability If any section, subsection, sentence, clause or phrase of this ordinance or the application of the same to a particular set of persons or circumstances should, for any reason, be held in- valid, such invalidity shall in no wise affect the remaining por- tions of this ordinance, and to such end the various provisions of this ordinance are declared to be severable. Section 12A-11. Penalty Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in 1-8 of the Code of Ordinances of Beaumont, Texas,.and each day such violation shall be permitted to exist shall constitute a separate offense. PASSED by the City Council this the.=•lday of March, 1971. - Mayor - -17-