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Section 4.02. Responsibilities of occupant. <br />(a) An occupant, in connection with the portion of a building under the <br />occupant's control, shall: <br />(1) Keep the premises free from rubbish, garbage and other conditions <br />that would encourage infestation of insects, ectoparasites. rodents <br />or pests; <br />(2) Not use or alter a building or its facilities so as to create a violation <br />of this Article. <br />(b) With respect to single-family residential buildings, if the owner shows that <br />the building was treated to eliminate insects, ectoparasites, rodents and other pests by <br />a duly licensed exterminator within either (i) two (2) weeks before the date the resident <br />took occupancy, or (ii) the preceding six (6) months if there has been more than one (1) <br />residential lease' during the preceding six (6) months, then the resident of the building <br />shall be responsible for keeping the interior of the building free from insects, <br />ectoparasites, rodents and other pests. <br />Section 4.03. Retaliation against residents prohibited. <br />An owner or operator commits an offense by retaliating against a resident for <br />reporting potential violations of this Article. Without limitation of the foregoing, the <br />actions constituting retaliation set forth in Section 92.057 of the Texas Property Article, <br />as may be amended from time to time, are hereby incorporated by reference and shall <br />constitute events of retaliation under this Section. In addition, the defenses to <br />prosecution set forth under Section 92.057 of the Texas Property Article shall constitute <br />defenses to prosecution hereunder. <br />Section 4.04. Enforcement of minimum standards. <br />Upon discovery of a violation of this Article, the building official may issue a <br />municipal citation to the violator, enforceable in municipal court. The building official <br />shall first issue a written warning to the violator instructing the violator of the violation <br />and providing an opportunity to cure the violation, unless it is determined, based upon <br />the nature of the violation, that immediate action is required to protect the health, <br />safety, and welfare of the public. Failure to give such notice shall not preclude the <br />issuance of a municipal citation for the violation. <br />Section 4.05. Notice of hearing. <br />As an alternative to the process described in the preceding Section 4.04 of this <br />Article, if a premises, building, structure, or portion thereof has, upon inspection, been <br />discovered to be in violation of this Article, the building official may schedule a hearing <br />concerning the violation to be held before the Buildings and Standards Commission <br />Page 8 <br />