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
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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
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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.
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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.
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(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.
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(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.
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(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:
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(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-
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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
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(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
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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
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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
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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
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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.
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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.
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