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Ord 65-2008 10/7/2008 �. . , , , ORDINANCE NO. �PS ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, "BUSINESS REGULATIONS," BY THE ADDITION OF ARTICLE X, "MULTI-HOUSING," TO SAID CHAPTER; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Wichita Falls Police Department has seen a sustained rise in the number of calls for service in multi-housing complexes; and WHEREAS, the program works to reduce calls for service and has had very dramatic results across the country. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 26 of the Code of Ordinances, Business Regulations, is hereby amended by the addition of Article X, Multi-Housing, which Article shall hereafter read as follows: "Article X. Multi-Housing Sec. 26-840. Purpose. The purpose of this article is to create a crime prevention program designed to reduce crime, drugs, gangs, and gang activity on apartment properties within the City. Sec. 26-841. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Apartment community means a multi-family residential rental property containing ten (10) or more separate living units designed for residential occupancy. Manager means the owner or the person appointed or hired by the owner to be responsibte for the daily operation of an apartment community. , , Owner means the person(s), corporation, partnership, or other legal entity who holds title to an apartment community. Police officia/ means the chief of police or such other person as he may designate to act as the official primarily responsible for the administration of this article or the said official's designees. Registered agent means the person identified by the owner of an apartment community in the registration filed pursuant to this article authorized to receive any legal process and/or notice required or provided for in this article on behalf of the owner. Sec. 26-842. Registration of apartment communities. (a) It shall be unlawful for any person to operate an apartment community in the city without first registering the ownership of such property as required by this section. No fee shall be charged for the registration required by this section. (b) The owner of an apartment community shall provide or cause to be provided to the police official the following information regarding such property: (1) The name of the owner and, if the owner is a corporation, whether foreign or domestic, the registered agent of the owner and the residential or business address of the owner and registered agent, if any, which address information shall include the street name and number, office or suite number if a business address, and the city, state, and zip code; (2) The nature and extent of the owner's interest in the property. If there is only one (1) owner, the extent of the owner's interest is one hundred (100) percent; and (3) The name and business or residence address, including street name and number, city, state and zip code, of the current manager or management company of the apartment community and, if the manager is other than an individual, the name, title, business address, including street name and number, city, state and zip code, of the individual to be contacted for any purpose under this article relating to the apartment community. (c) The use of a public or private post office box or other similar address shall not be sufficient for the purposes of complying with this section. (d) Any change of management or ownership of an apartment community, including, but not limited to, the sale of the property or any ownership interest therein, shall require the purchaser or transferee to update the information provided under subsection (b) of this section and to file such updated information with the police official . ♦ within thirty (30) days of the effective date of such ownership change. A prior owner may advise the police official that he no longer holds any ownership interest in the property. The same requirement shall apply to any change relating to the owner's registered agent and manager or management company. (e) The owner of a newly constructed apartment community shall comply with the provisions of this section not later than the thirtieth day following completion of construction. (fl A true and correct copy of the registration statement shall be posted at all times in the business office at the property or, if no business office is maintained at the property, in a common area or other conspicuous place accessible at all times to the tenants of such property. (g) A failure to comply with the requirements of this section shall constitute an offense under this article. (h) Compliance with the requirements of this section shall be deemed to meet the requirements of sections 250.003 and 250.004 of the Texas Local Government Code. Section 26-843. Training. The owner of each apartment community in the City shall ensure that their manager has attended an eight (8) hour Crime Free Multi-Housing Class provided by the Police Official. There shall be no charge for the class. Upon completion of this class, the Police Official shall issue to the manager a Manager's Crime Free Multi- Housing License (Manager's License). This Manager's License will not expire and is good for the life of the manager. It shall be unlawful for an owner to operate an apartment community in the City for longer then three months if the manager of the apartment community has not obtained a Manager's License. Section 26-844. Level 1 Certification. Upon completion of the requirements set out in 26-843, the Police official shall issue to the apartment community a Crime Free Multi-Housing Level 1 Certificate which may be displayed by the apartment community. This certificate shall expire after two years or at the time the manager holding a Manager's License ceases to function as the apartment community manager. It shall be unlawful for any apartment community to display a Crime Free Multi-Housing Level 1 Certificate if said apartment community has not met the requirements of this section and Section 26-843. 26-845. Level II Certification & Gold Certification. The Police Official is hereby authorized to create two additional tiers of multi- housing requirements. These additional requirements are voluntary. Upon completion of tier two requirements, the Police official shall issue to the apartment community a . .. . . . . Crime Free Multi-Housing Level II Certificate which may be displayed by the apartment community. Upon completion of the third and final tier requirements, the Police Official shall issue to the apartment community a Crime Free Multi-Housing Gold Certificate, which may be displayed by the apartment community and used in advertising. The two certification levels in this section shall expire after two years. It shall be unlawful for any apartment community to display either certificates once they have expired. Sec. 26-845. Penalty. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this article, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in pursuant to the penalties outlines in section 1-14 of this Code. Each day of violation shall constitute a separate offense." SECTION 2. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 3. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 7 th day of October, 2008. MAYOR ATTEST: ity I rk � , , �_ . Affidavit of Publication THE STATE OF TEXAS #224175 COUNTY OF WICHITA ORDINANCE NO. SL' 3�81 'ORDINANCE OF THE CITY COUNCIL OF TA TEXAS On this 21 day of October 2008 A D ... T R 6 OF THE CODE personally appeared before me, the undersigned authority OF ORDINANCES, �� BUSINESS REGULA• KAtlly S'dl'dll� Sales Assistant for the Times Publishing TIONS," BY THE AD- DITION OF ARTICLE Company of Wichita Falls, publishers of the Wichita Falls X, "MULTI-HOUSING," TO SAID CHAPTE.R Times/Record News, a newspaper published at Wichita Falls in PROVIDINC� A RE- P E A L E R C L A U S E ; Wichita County, Texas, and upon being duly sworn by me, on tLUSfONING FOR IN- Oiltll StilteS tllilt tIl@ A�i1CI1@(1 i1CIVCt�1SC111eI1t 1S il tPUe ilI1CI correct copy of advertising published in One (1) issues hereof on the following date: October 19, 2008 � Sales Assistant for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: \ ��.��`���N�E r s���'��.�, ,/ - 6 ��.5 OQ I � � / �```�� �� '(APY PG. �`,���; ��;N� _ � �� � %� OS •,���g ��.� \ ,,, ,,r � /// r,�"20�2,``�,.