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HomeMy WebLinkAboutPO 7399: AMENDING THE CITY CODE OF ORDINANCES BY ADDING CHAPTER 18 BUILDINGS, ARTICLE XIV MINIMUM PROPERTY STANDARDS P.O.7399 RPC 02/04/2026 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF PORT ARTHUR, TEXAS CODE OF ORDINANCES BY ADDING CHAPTER 18 BUILDINGS, ARTICLE XIV. MINIMUM PROPERTY STANDARDS, SECTIONS 18-630 THROUGH 18-637; PROVIDING FOR MINIMUM PROPERTY STANDARDS FOR ANY PROPERTY INTENDED FOR HUMAN HABITATION OR HUMAN USE; PROVIDING FOR PENALTIES NOT TO EXCEED$2,000 PER DAY PER VIOLATION;PROVIDING A SAVINGS AND SEVERABILITY CLAUSE;AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS,the City of Port Arthur,Texas(City)is a home-rule municipality acting under its charter adopted by the electorate pursuant to Article XI,Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; WHEREAS,Chapters 54 and 214 of the Texas Local Government Code allow a home-rule municipality: (1) to establish and enforce ordinances necessary to protect health,life,and property and to preserve the good government,order,and security of the municipality and its inhabitants;and (2) to enforce and punish a violation of said ordinance.A fine or penalty for a violation may not exceed$500 per day per violation, except that a violation that governs fire safety, zoning, or public health and sanitation may not exceed$2,000 per day per violation. WHEREAS,there are structures in the City used for human habitation and human use that serve residential and/or nonresidential purposes and are substandard in structure and maintenance; WHEREAS, inadequate provisions for light and air, insufficient fire protection, lack of proper heating, and unsanitary conditions pose a threat to the health, safety, morals, welfare, and reasonable comfort of the City's citizens. The existence of such conditions will create slums and blighted areas that require large- scale clearance if not remedied. Without corrective measures, such areas will suffer social decline, reduced investments and tax revenues,and a decline in economic values; WHEREAS, the establishment and maintenance of minimum property, structural, utility, plumbing, electrical, and health standards are crucial to preventing blight and decay, as well as safeguarding public health,safety, morals,and welfare; WHEREAS,the City wants to protect the health, safety, morals, and welfare of its citizens by establishing minimum property standards for any property or structure intended for human habitation or human use;and WHEREAS,the City Council finds that adopting this Ordinance is for the good government,peace,and order of the City. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1. That the facts and opinions in the preamble are true and correct and are hereby incorporated for all purposes. P.O.7399 RPC 02/04/2026 SECTION 2. The governing body of the City hereby creates and adopts Chapter 18.Buildings,Article XIV. Minimum Property Standards, Sections 18-630 through 18-637 as attached in Exhibit A and hereby incorporated for all purposes into its City of Port Arthur,Texas Code of Ordinances. SECTION 3. Savings Clause.This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Provided, however, that the repeal of such ordinances or part of such ordinances, and the amendments and changes made by this Ordinance, shall not affect any right, property, or claim which was or is vested in the City, or any act done, or right accruing or accrued,or established,or any suit,action or proceeding had or commenced before the time when this Ordinance shall take effect; nor shall said repeals, amendments or changes affect any offense committed,or any penalty or forfeiture incurred,or any suit or prosecution pending at the time when this Ordinance shall take effect under any of the ordinances or sections thereof or repealed, amended or changed; and to that extent and for that purpose the provisions of each ordinances or parts of such ordinances shall be deemed to remain and continue in full force and effect. SECTION 4. Severability Clause. That should any part, sentence, or phrase of this Ordinance is determined to be unlawful,void, or unenforceable,the validity of the remaining portions of this Ordinance shall not be adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall be published at least once within ten days after its final passage in the official newspaper of the City and shall become effective immediately upon date of publication. Read, Adopted and Approved, this the 10`h day of February 2026 AD, at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard,City Secretary AP FORM: APPROVED RATION: Roxann Pais Cotroneo,City Attorney Ronald Bu ,C City Manager P.O.7399 RPC 02/04/2026 Exhibit A TABLE OF CONTENTS CHAPTER 18. BUILDINGS ARTICLE. XIV. MINIMUM PROPERTY STANDARDS Sec. 18-630 Legislative Findings of Fact Sec. 18-631 Purpose of Article Sec.18-632 Definitions Sec.18-633 Code Enforcement Official Sec.18-634 Violations;Penalty Sec. 18-635 Inspection Sec. 18-636 Minimum Property Standards;Responsibilities of Owner (a) In general (b) Repairs (c) Property standards (d) Structural and material standards (1) In general (2) Construction materials (3) Roofs (4) Chimney and towers (5) Foundations (6) Floors (7) Shower enclosures (8) Countertops and backsplashes (9) Interior walls,ceilings,and surfaces;doors (10)Exterior windows and skylights (11)Exterior doors (12)Security doors (13)Ventilation (14)Balconies,landings,porches,decks,and walkways (15)Handrails and guardrails (16)Steps and stairways (17)Fencing,retaining walls,and barriers (e) Utility and appliance standards (1) Air conditioning (2) Heating (3) Appliances (f) Plumbing standards (1) Plumbing systems (2) Plumbing fixtures (3) Water heating equipment (g) Electrical standards (h) Health standards (1) Infestations (2) Common toilet and shower facilities (3) Swimming pools,spas,ponds,and fountains (4) Sewage overflow (5) Vacant dwelling units Sec.18-637 Minimum Property Standards;Responsibilities of Occupant Page 1 of 9 CHAPTER 18. BUILDINGS. ARTICLE XIV. MINIMUM PROPERTY STANDARDS. SEC.18-630. LEGISLATIVE FINDINGS OF FACT. There exist in the City of Port Arthur,Texas,structures used for human habitation and human occupancy that are used for residential and nonresidential purposes that are substandard in structure and maintenance. Furthermore, inadequate provisions for light and air, insufficient protection against fire, lack of proper heating, and unsanitary conditions constitute a menace to the health, safety, morals,welfare,and reasonable comfort of the citizens of the City of Port Arthur. The existence of such conditions will create slums and blighted areas that require large-scale clearance if not remedied. Furthermore, in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenue, and an impairment of economic values. The establishment and maintenance of minimum property,structural,utility,plumbing,electrical and health standards are crucial to preventing blight and decay,as well as safeguarding public health,safety,morals,and welfare. SEC.18-631. PURPOSE OF ARTICLE. (a) The purpose of this article is to protect the health, safety, morals, and welfare of the citizens of the City of Port Arthur by establishing minimum standards applicable to residential and nonresidential structures. Minimum standards are established with respect to utilities, facilities, and other physical components essential to make structures safe,sanitary,and fit for human use and habitation. (b) This article is found to be remedial and essential to the public interest,and it is intended that this article be liberally construed to effect its purpose.All structures within the city on the effective date of this article,or constructed thereafter,must comply with the provisions of this article. SEC.18-632. DEFINIITIONS. In this article: (1) BATHROOM means an enclosed space containing one or more bathtubs, showers,or both,and which may also include toilets,lavatories,or fixtures serving similar purposes. (2) BUILDING means a structure for the support or shelter of any use or occupancy. (3) CONDOMINIUM has the meaning assigned in Chapter 82 of the Texas Property Code,as amended. (4) CONDOMINIUM ASSOCIATION means a corporation whose members are condominium unit owners in a condominium and who are charged with governing,operating,managing,or overseeing a condominium or its common elements. (5) CONSTRUCTION CODES means the Port Arthur Building Code,Chapter 18,Article II of the Port Arthur City Code, as amended; Port Arthur Electrical Code, Chapter 18, Article III of the Port Arthur City Code, as amended;Port Arthur Gas Code,Chapter 18,Article IV of the Port Arthur City Code,as amended;Port Arthur Plumbing Code, Chapter 18, Article VI of the Port Arthur City Code, as amended; Port Arthur Mechanical Code, Chapter 18,Article VI of the Port Arthur City Code, as amended; Port Arthur Existing Building Code, Chapter 18, Article VII of the Port Arthur City Code, as amended; Port Arthur Housing Code, Chapter 18, Article VIII of the Port Arthur City Code,as amended; Port Arthur Fences and Walls,Chapter 18,Article X of the Port Arthur City Code,as amended;Port Arthur Swimming Pools,Chapter 18,Article XII of the Port Arthur City Code,as amended;Port Arthur International Residential Code,Chapter 18,Article XIII of the Port Arthur City Code,as amended;Port Arthur Fire Code,Chapter 38,Article II of the Port Arthur City Code,as amended; (6) DEPARTMENT means the department designated by the city manager to enforce and administer this article. (7) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article and includes representatives,agents,or department employees designated by the director. (8) DWELLING means a structure or building used,intended,or designed to be used,rented,leased,let,or hired out to be occupied,or that is occupied for living purposes. (9) DWELLING UNIT has the definition given that term in Section 7.02(83)of the Port Arthur Zoning Ordinance, as amended. Page 2 of 9 (10) GRADED INSPECTION means an inspection of a rental property in which the property is given a score by the director based on the number of code violations found to exist on the premises. (11) HABITABLE ROOM means a space in a building or structure for living,sleeping,eating,or cooking.Bathrooms, toilet rooms,closets,halls,storage and utility spaces,and other similar areas,are not considered habitable rooms. (12) HOUSING STANDARDS MANUAL means the manual by that title and which is kept on file in the office of the city secretary. (13) INFESTATION means the presence, within or contiguous to a structure or premises, of insects, rodents, vectors,or other pests. (14) KITCHEN means an area used,or designated to be used,for cooking or preparation of food. (15) MULTIFAMILY DWELLING means a multifamily use as defined in Section 7.04(152)of the Port Arthur Zoning Ordinance, as amended, or, for purposes of this article, three or more single dwelling units on the same premises and which are under common ownership. (16) MULTITENANT PROPERTY means property containing any of the following uses: (A) A multifamily dwelling as defined in this section. (B) A community residential facility as defined in Section 7.02(68)of the Port Arthur Zoning Ordinance, as amended. (C) A hotel or motel as defined in Sections 7.02(118)and 7.04(151)of the Port Arthur Zoning Ordinance, as amended. (D) A nursing and personal care facility as defined in Section 7.04(158) of the Port Arthur Zoning Ordinance,as amended. (E) Workforce housing as defined in Section 7.05(256) of the Port Arthur Zoning Ordinance, as amended. (17) OCCUPANT means a person who has possessory rights to and is actually in possession of a premise. (18) OPERATING CONDITION means free of leaks,safe,sanitary,structurally sound,and in good working order. (19) OWNER means a person who has ownership or title of real property: (A) including,but not limited to: (I) the holder of fee simple title; (ii) the holder of a life estate; (iii) the holder of a leasehold estate for an initial term of five years or more; (iv) the buyer in a contract for deed; (v) a mortgagee,receiver,executor,or trustee in control of real property;and (vi) the named grantee in the last recorded deed;or (B) the owner's representative with control over the property. (20) PERSON means any natural person,corporation,organization,estate,trust,partnership,association,or other legal entity. (21) PEST means an invertebrate animal that can cause disease or damage to humans or building materials. (22) PLUMBING FIXTURES means gas pipes, water pipes, toilets, lavatories, urinals, sinks, laundry tubs, dishwashers, garbage disposal units, clothes-washing machines, catch basins, wash basins, bathtubs, shower baths, sewer pipes, sewage system, septic tanks, drains, vents, traps, and other fuel-burning or water-using fixtures and appliances,together with all connections to pipes. (23) PREMISES or PROPERTY means a lot,plot,or parcel of land,including any structures on the land. (24) PROPERTY MANAGER means a person who, for compensation, has managing control of real property, including an on-site manager of a building or structure. (25) PUBLIC SEWER means a sewer operated by a public authority or public utility and available for public use. (26) RENTAL PROPERTY means a multitenant property or a single dwelling unit that is leased or rented to one or more persons other than the owner of the property, regardless of whether the lease or rental agreement is oral or written,or the compensation received by the lessor for the lease or rental of the property is in the form of money,services,or any other thing of value. (27) SANITARY means any condition of good order and cleanliness that precludes the probability of disease transmission. (28) SECURITY DEVICE has the definition given that term in Chapter 92 of the Texas Property Code,as amended. Page 3 of 9 (29) SINGLE DWELLING UNIT means a single family or duplex,as defined in the Port Arthur Development Code, as amended,or a condominium dwelling unit. (30) SOLID WASTE means municipal or industrial solid waste,trash,or refuse as defined in Chapter 86 of the Port Arthur City Code,as amended. (31) STRUCTURE means that which is built or constructed,an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner. (32) TOILET ROOM means a room containing a toilet or urinal but not a bathtub or shower. (33) URBAN NUISANCE means a premises or structure that: (A) is dilapidated,substandard,or unfit for human habitation and a hazard to the public health,safety, and welfare; (B) regardless of its structural condition,is unoccupied by its owners,lessees,or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;or (C) boarded up,fenced,or otherwise secured in any manner if: (i) the structure constitutes a danger to the public even though secured from entry;or (ii) the means used to secure the structure are inadequate to prevent unauthorized entry or use of the structure in the manner described by Paragraph(B)of this subsection. (34) VECTOR means an insect or other animal that is capable of transmitting a disease-producing organism. (35) WORKMANLIKE means executed in a skilled manner,for example, generally plumb, level, square, in line, undamaged,and without marring adjacent work. SEC.18-633. CODE ENFORCEMENT OFFICIAL. (a) The director,or a designated representative,shall serve as the code enforcement official of the city. (b) The code enforcement official has the power to render interpretations of this article and to adopt and enforce rules and regulations supplemental to this article as the code enforcement official deems necessary to clarify the application of this article. Such interpretations, rules, and regulations must be in conformity with the purpose of this article. (c) The code enforcement official has the power to obtain: (1) search warrants for the purpose of investigating a violation of a health and safety or nuisance abatement,including an urban nuisance,regulation,statute,or ordinance;and (2) seizure warrants for the purpose of securing, removing, or demolishing an offending property and removing the debris from the premises. SEC.18-634. VIOLATIONS;PENALTY. (a) A person who violates a provision of this article,or who fails to perform an act required of him by this article, commits an offense.A person commits a separate offense each day during which a violation is committed, permitted,or continued. (b) Criminal penalties. (1) An offense under this article is punishable by a fine not to exceed$2,000. (2) An offense under this article is punishable by a fine of not less than $250 for a first conviction of a violation. (3) The minimum fine established in Subsection (b)(2) will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period.At no time may the minimum fine exceed the maximum fine established in Subsection(b)(1). (c) The culpable mental state required for the commission of an offense under this article is governed by Section 1-14 of this code. (d) In addition to imposing the criminal penalty prescribed in Subsection (b) or exercising the other remedies provided by this article, the city may, in accordance with Chapter 54, Subchapter B of the Texas Local Government Code,as amended,bring a civil action against a person violating a provision of this article.The civil action may include, but is not limited to,a suit to recover a civil penalty not to exceed$1,000 for each day during which the violation is committed,continued,or permitted. Page 4 of 9 (e) The penalties provided for in Subsections(b),(d),and(h)are in addition to any other enforcement remedies that the city may have under city ordinances and state law. (f) The director has the authority to enforce provisions of Chapter 34 of this code. (g) A person is criminally responsible for a violation of this article if: (1) the person commits the violation or assists in the commission of the violation;or (2) the person is an owner of the property and,either personally or through an employee or agent,allows the violation to exist. (h) For purposes of Subsection(g),an employee of the owner of real property that is a single dwelling unit rental property, or has been issued a certificate of occupancy or received final approval from the building official with respect to improvements on the property,is not personally liable for a violation of this article if,not later than the fifth calendar day after the date the citation is issued,the employee provides the property owner's name, current street address, and current telephone number to the enforcement official who issues the citation or to the director. SEC.18-635. INSPECTION. (a) For the purpose of ascertaining whether violations of this article or other city ordinances exist,the director is authorized,at a reasonable time,to inspect: (1) the exterior of a structure and premises that do not contain a structure;and (2) the interior of a structure, if the owner, occupant, or person in control gives his permission to the director. (b) Nothing in this section limits the director's ability to seek and obtain an administrative search warrant authorizing an interior or exterior inspection of a structure or a vacant premises. SEC.18-636. MINIMUM PROPERTY STANDARDS;RESPONSIBILITIES OF OWNER (a) In general. (1) The regulations in this section are minimum property standards for vacant and occupied buildings, properties,and structures.In addition to the minimum property standards,all buildings,properties,and structures must comply with all federal, state, and local laws and regulations, including the construction codes. (2) The minimum property standards are intended to complement existing laws and regulations. If any provision of this section is less restrictive than another applicable law or regulation,the more restrictive law or regulation shall apply. (b) Repairs.All repairs required by this section must be performed in a workmanlike manner and in accordance with all applicable federal,state,and local laws,rules,and regulations,including the construction codes. (c) Property standards.An owner shall: (1) maintain premises in operating condition without any holes, excavations, or sharp protrusions, and without 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 any wells,cesspools or cisterns; (3) provide solid waste receptacles or containers when required by Chapter 86 of the Port Arthur City 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; (6) keep the doors and windows of a vacant structure or vacant portion of a structure securely closed to prevent unauthorized entry;and (7) protect,by periodic application of paint or other weather coating materials,any exposed metal or wood surfaces from the elements and against decay or rust. Page 5 of 9 (d) Structural and material standards. (1) In general.An owner shall maintain structural members free from deterioration so that they are capable of safely supporting imposed dead or live loads. (2) Construction materials. An owner shall maintain building and structural materials, including wood, gypsum products, glass, fiberglass, paper, canvas, fabric, plastic, vinyl, masonry, ceramic, plaster, brick, rock, stucco, slate, concrete, asphalt, tin, copper, steel, iron, aluminum, and other metals, in operating condition. (3) Roofs.An owner shall: (A) maintain roofs in operating condition,free from leaks, holes, charred or deteriorated roofing materials,rotted wood,and other unsafe conditions;and (B) maintain gutters and downspouts,if any,in operating condition and securely fastened. (4) Chimney and towers.An owner shall maintain chimneys, cooling towers, smoke stacks, and similar appurtenances in operating condition. (5) Foundations.An owner shall maintain foundations and foundation components in operating condition, and keep all foundation components securely fastened (6) Floors.An owner shall maintain all flooring in operating condition,free from holes,cracks,decay,and trip hazards. (7) Shower enclosures.An owner shall maintain shower enclosure floors and walls in operating condition, free of holes,cracks,breaches,decay,rust and rot. (8) Countertops and backsplashes. An owner shall maintain kitchen and bathroom countertops and backsplashes surrounding kitchen sinks and lavatory sinks in operating condition free of decay, rust and rot. (9) Interior walls.ceilings,and surfaces;doors.An owner shall: (A) maintain all interior walls and ceilings in operating condition. (B) keep all interior walls and ceiling securely fastened to eliminate collapse hazards; (C) maintain all interior surfaces,including windows and doors,in operating condition. (D) repair,remove,or cover all peeling,chipping,flaking,or abraded paint;and (E) repair all cracked or loose plaster,wood,or other defective surface conditions. (10) Exterior windows and skylights.An owner shall maintain the glass surfaces of exterior windows and skylights so that they are weather-tight and in operating condition. (11) Exterior doors.An owner shall maintain exterior doors so that they are weather-tight and in operating condition. (12) Security devices.An owner shall maintain any bars, grilles, grates, and security devices in operating condition. (13) Ventilation. An owner shall maintain all natural and mechanical ventilation in habitable rooms in operating condition. (14) Balconies.landings.porches.decks,and walkways.An owner shall maintain: (A) all balconies, landings, porches, decks, and walkways in operating condition and securely fastened; (B) support posts, columns, and canopies in operating condition, securely fastened and anchored. (15) Handrails and guardrails.An owner shall maintain all handrails and guardrails: (A) in operating condition and securely fastened and anchored so that they are capable of safely supporting imposed dead and live loads. (16) Steps and stairways.An owner shall: (A) maintain steps and stairways in operating condition, securely fastened and anchored, and free from trip hazards; (B) maintain steps and stairways so that they are capable of safely supporting imposed dead and live loads;and (C) seal any cracks or breaches in lightweight concrete steps,balconies,and walkways. (17) Fencing.retaining walls.and barriers.An owner shall: (A) maintain all fences,retaining walls,decorative walls,and barriers in operating condition,and in accordance with the Port Arthur Development Code,as amended. Page 6 of 9 (e) Utility and appliance standards. (1) Air conditioning, (A) An owner shall: (i) provide and maintain, in operating condition, refrigerated air equipment capable of maintaining a room temperature of at least 15 degrees cooler than the outside temperature,but in no event higher than 85 degrees Fahrenheit in each habitable room; (ii) maintain all fixed air conditioning systems, including air conditioning unit covers, panels,conduits,and disconnects,in operating condition,properly attached;and (iii) install window-mounted air conditioning units, if provided, in compliance with the construction codes. (B) It is a defense to prosecution under this paragraph that at least one habitable room is 85 degrees Fahrenheit,at a point three feet above the floor and two feet from exterior walls if the outside temperature is over 110 degrees Fahrenheit. (2) Heating. (A) An owner shall: (i) provide and maintain,in operating condition,heating facilities capable of maintaining a room temperature of at least 15 degrees warmer than the outside temperature,but in no event lower than 68 degrees Fahrenheit in each habitable room;and (ii) If provided, maintain in operating condition, heating facilities in buildings or structures other than dwelling units. (B) It is a defense to prosecution under this paragraph that at least one habitable room is 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls if the outside temperature is under 40 degrees Fahrenheit. (3) Appliances. If appliances are provided in a rental dwelling unit, the owner shall maintain those appliances,including portable heating units,portable air conditioning units,cook stoves,refrigerators, dishwashers,garbage disposals,ventilation hoods,washing machines,clothes dryers,and appliance connections,in operating condition. (f) Plumbing standards. (1) Plumbing systems. An owner shall maintain: (A) all plumbing pipes, fittings, and valves necessary to supply and conduct natural fuel gases, sanitary drainage,storm drainage,or potable water in operating condition;and (B) all plumbing fixtures free of cross-connections and conditions that permit backflow into the potable water supply. (2) Plumbing fixtures. An owner shall: (A) provide each dwelling unit with: (a) a kitchen equipped with a kitchen sink;and (ii) a minimum of one toilet;a lavatory sink;and either a bathtub or shower,or a combination of a bathtub and shower; (B) keep all plumbing fixtures connected to an approved potable water supply system; (C) connect and maintain all plumbing fixtures in operating condition; (D) equip toilets and urinals with cold potable water under pressure necessary for safe and sanitary condition; (E) keep all plumbing fixtures connected to a public sewer system or to an approved private sewage disposal system; (F) maintain all piping distribution system in operating condition, and eliminate all unsafe, unsanitary,and inoperable conditions in such distribution systems;and (G) cap each sewer clean-out opening with an approved plug,except when the sewer line is being serviced. (3) Water heating equipment. An owner shall: (A) maintain all water heating equipment, including existing fuel-fired water heaters, in operating condition; (B) maintain all water heating equipment with a pressure relief valve with an approved drain line; Page 7 of 9 (C) provide and maintain, in operating condition,water heating equipment that supplies hot water at a minimum temperature of 110 degrees Fahrenheit, measured at the water outlet,to every required plumbing fixture; (D) vent all fuel-fired water heating equipment as required by the construction codes;and (E) maintain boilers and central heating plants in operating condition. (g) Electrical standards.An owner shall: (1) maintain all electrical equipment and materials in operating condition; (2) maintain electrical circuits and outlets sufficient to safely carry a load imposed by normal use of appliances,equipment,and fixtures,and maintain them in operating condition; (3) maintain in each habitable room, bathroom, hallway, and stairway of a dwelling unit at least one electric lighting outlet,and the electric lighting outlet must be controlled by a wall switch,unless a wall switch is not required by the construction codes; (4) maintain all electric light fixtures located adjacent to exterior doors of all buildings or structures in operating condition;and (5) use extension cords and flexible cords in accordance with the construction codes, and not as substitutes for permanent wiring. (h) Health standards. (1) Infestations. (A) Where evidence of an infestation exists,the owner of a building,structure,or property,including vacant or occupied one- or two-family dwelling, or multifamily dwelling, shall eliminate the infestation using a person licensed under the Texas Structural Pest Control Act, as amended, and repair any condition that contributes to an infestation. (B) If the building, structure or property is a rental property, the owner shall provide notice to the tenants at least 48 hours before taking steps to eliminate an infestation. (i) Notice must be in writing and must include the method being used to eliminate the infestation. (ii) A tenant may in writing waive the 48-hour requirement. (2) Common toilet and shower facilities. An owner shall maintain in operating condition toilet and shower facilities in common area multifamily uses. (3) Swimming pools.spas.ponds.and fountains. (A) Water in swimming pools, spas, ponds, and fountains must be maintained to prevent the breeding or harborage of insects. (B) Swimming pools,spas,ponds and fountains must be maintained in operating condition. (C) Fences or other barriers enclosing swimming pools, spas, ponds, and fountains must be maintained in operating condition. (D) Pool yard enclosures, as defined in Chapter 757 of the Texas Health and Safety Code, as amended, shall be maintained in operating condition and must comply with the standards in Chapter 757 of the Texas Health and Safety Code,as amended. (4) Sewage overflow. An owner shall sanitize all areas contaminated by sewage overflow immediately after servicing is completed. (5) Vacant dwelling units. (A) An owner shall maintain the interiors of all vacant dwelling units free of solid waste. (B) The owner of a vacant dwelling must store any swimming pool chemicals,cleaning chemicals, pesticides, herbicides, rodenticides, fertilizers, paints, solvents, gasoline, gasoline-powered equipment,or combustible materials of any kind in accordance with the construction codes and the Port Arthur City Code,as amended. Page 8 of 9 SEC.18-637. RESPONSIBILITIES OF OCCUPANT. An occupant shall: (1) maintain the interior and exterior portions of the person's dwelling unit free from accumulations of solid waste and other conditions that would encourage an infestation; (2) remove any animal from a structure if the presence of the animal is a health hazard to an occupant; (3) connect plumbing fixtures and heating equipment that the occupant supplies in accordance with the construction codes; (4) provide solid waste receptacles or containers when required by Chapter 86 of this code;and (5) not alter a structure or its facilities so as to create a nonconformity with this article. Page 9 of 9