Dallas Urban Forest Advisory Committee

Greener Better Dallas

SEC. 27-11

Close Window  

SEC. 27-11. MINIMUM STANDARDS; RESPONSIBILITIES OF OWNER.

(a) Property standards. An owner shall:

(1) eliminate a hole, excavation, sharp protrusion, and any other object or condition that exists on the land and is reasonably capable of causing injury to a person;

(2) securely cover or close a well, cesspool, or cistern;

(3) provide solid waste receptacles or containers when required by Chapter 18 of this code;

(4) provide drainage to prevent standing water and flooding on the land;

(5) remove dead trees and tree limbs that are reasonably capable of causing injury to a person; and

(6) keep the doors and windows of a vacant structure or vacant portion of a structure securely closed to prevent unauthorized entry.

(b) Structural standards. An owner shall:

(1) protect the exterior surfaces of a structure that are subject to decay by application of paint or other coating;

(2) fill hollow, masonry supporting piers, if used, with concrete and anchor the piers to concrete footings with a 5/8 inch steel dowel;

(3) provide and maintain railings for stairs, steps, balconies, porches, and elsewhere as specified in the Dallas Building Code;

(4) repair holes, cracks, and other defects reasonably capable of causing injury to a person in stairs, porches, steps, and balconies;

(5) maintain a structure intended for human occupancy and a structure used as an accessory to a structure intended for human occupancy in a weather-tight and water-tight condition;

(6) maintain floors, walls, ceilings, and all supporting structural members in a sound condition, capable of bearing imposed loads safely;

(7) provide cross-ventilation of not less than 1-1/2 square feet for each 25 lineal feet of wall in each basement, cellar, and crawl space;

(8) repair or replace chimney flue and vent attachments that do not function properly;

(9) repair holes, cracks, breaks, and loose surface materials that are health or safety hazards in or on floors, walls, and ceilings; and

(10) maintain any fence on the property in compliance with the following standards:

(A) maintain a fence so that it is not out of vertical alignment more than one foot from the vertical, measured at the top of the fence, for a fence over four feet high, or more than six inches from the vertical, measured at the top of the fence, for a fence not more than four feet high, except that this provision does not apply to a masonry wall unless the wall encloses:

(i) a multi-tenant property; or

(ii) a single-family or duplex property where the wall is not shared with another property;

(B) repair or replace rotted, fire damaged, or broken wooden slats and support posts;

(C) repair or replace broken or bent metal posts and torn, cut, bent, or ripped metal fencing materials; and

(D) repair or replace loose bricks, stones, rocks, mortar, and similar materials on any masonry wall that encloses:

(i) a multi-tenant property; or

(ii) a single-family or duplex property where the wall is not shared with another property.

(c) Utility standards. An owner shall:

(1) provide and maintain in operating condition connections to discharge sewage from a structure or land into a public sewer system where available;

(2) provide and maintain in operating condition a toilet connected to a water source and to a public sewer, where available, in each structure intended for human habitation;

(3) provide and maintain in operating condition connections and pipes to supply potable water at adequate pressure to a structure intended for human occupancy;

(4) provide and maintain in operating condition a device to supply hot water of a minimum temperature of 120°F. within each structure intended for human habitation;

(5) provide and connect a kitchen sink, bathtub or shower, and lavatory to a cold and hot water source in each structure intended for human habitation;

(6) connect plumbing fixtures and heating equipment that the owner supplies in accordance with the Dallas Plumbing Code and Dallas Mechanical Code;

(7) provide and maintain heating equipment in operating condition so that it is capable of maintaining a minimum inside temperature of 68°F. from November 16 through March 15 in each room of a structure intended for human occupancy;

(8) if screens are not provided as required in Subsection (d)(2), provide and maintain in operating condition, from April 1 through November 1, refrigerated air equipment capable of maintaining a maximum inside temperature that is 20 degrees lower than the outside temperature or 85°F., whichever is warmer, in each room of a structure intended for human occupancy;

(9) provide and maintain in operating condition supply lines for electrical service to each structure intended for human occupancy if electrical service is available within 300 feet;

(10) connect each heating and cooking device that burns solid fuel to a chimney or flue; and

(11) provide and maintain in operating condition electrical circuits and outlets sufficient to safely carry a load imposed by normal use of appliances and fixtures.

(d) Health standards. An owner shall:

(1) eliminate rodents and vermin in or on the land;

(2) provide a structure intended for human habitation with a screen for keeping out insects at each opening of the structure if the structure is not cooled with refrigerated air;

(3) maintain the interior of a vacant structure or vacant portion of a structure free from rubbish and garbage; and

(4) keep the interior of a structure free from insects, rodents, and vermin, except as specified in Section 27-12(b).

(e) Security standards. An owner or operator of a multifamily property, other than one exempt from registration under Section 27-30(b)(2) of this chapter, shall:

(1) provide and maintain security devices in each dwelling unit as required by Sections 92.153, 92.154, and 92.155 of the Texas Property Code, as amended; and

(2) if the multifamily property has 20 or more dwelling units, provide security lighting that adequately illuminates all parking areas, walkways, stairs and steps, doorways, and garbage storage areas so that persons moving in or around those areas can be easily seen.

(f) It is a defense to prosecution under Subsection (a) of this section that the premises concerned is the site of new construction and reasonable and continuous progress is being made to complete the construction.

(g) It is a defense to prosecution under Subsection (d)(4) of this section that the structure was treated to eliminate insects, rodents, and vermin by a person licensed under the Texas Structural Pest Control Act once within the preceding six months.

(h) An owner shall provide a tenant with alternative housing that meets the minimum standards required by this section when:

(1) after being issued a notice or citation for violation of Subsection (c)(7) of this section, the owner fails to repair heating equipment within 72 hours after receiving such notice or citation and the overnight low temperature, as measured by the National Weather Service at Dallas Love Field, is below 40°F. for three consecutive days after receiving such notice or citation; or

(2) after being issued a notice or citation for violation of Subsection (c)(8) of this section, the owner fails to repair refrigerated air equipment within 72 hours after receiving such notice or citation and the daytime high temperature, as measured by the National Weather Service at Dallas Love Field, is 95°F. or above for three consecutive days after receiving such notice or citation.

(i) It is a defense to prosecution under Subsections (c)(7) and (c)(8) of this section and to the alternative housing requirements of Subsection (h) of this section that:

(1) failure to maintain heating and refrigerated air equipment in compliance with those subsections was the direct result of an act of nature or other cause beyond the reasonable control of the owner; or

(2) the owner is making diligent efforts to repair the heating and refrigerated air equipment in compliance with those subsections; if the owner demonstrates to the director that diligent efforts to repair are being made, the director will not issue a notice or citation for a violation of Subsection (c)(7) or (c)(8) of this section.

(j) It is a defense to prosecution under Subsection (c)(7) of this section and to the alternative housing requirements of Subsection (h)(1) of this section that a written contract is in effect requiring the tenant to provide and maintain heating equipment and the owner has provided utility connections for heating equipment in compliance with the Dallas Mechanical Code, as amended, in each room of the structure intended for human occupancy.

(k) It is a defense to prosecution under Subsection (c)(8) of this section and to the alternative housing requirement of Subsection (h)(2) of this section that the structure is provided with exterior windows and doors that are easily openable to provide air ventilation and covered with screens in compliance with Subsection (d)(2) of this section. (Ord. Nos. 15198; 15372; 15919; 16473; 19234; 20578; 24481)

Close Window