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HomeMy WebLinkAboutOrdinance 10104_. ~ 1 f l 7 ~_ ~~ m :p % .. ~.. i .., tns. l l } ~_ ORDINANCE NO. Q AN ORDINANCE AMENDING ARTICLE IV, MINIMUM BUILDING STAN- DARDS CODE OF CHAPTER 7 OF THE CODE OF THE CITY OF FORT WORTH, AS AMENDED, PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS CODE IS APPLICABLE TO ALL EXISTING AND FUTURE BUILDINGS AND STRUCTURES; EXEMPTING CITY OFFICIALS FROM LIABILITY; NAMING CERTAIN PERSONS RESPONSIBLE FOR THE CONDITION OF PREMISES; CREATING A BUILDING STANDARDS COMMISSION AND PROVIDING FOR ITS COMPOSITION, MEETINGS, QUORUM, AND ITS POWERS, AND DUTIES; PROVIDING FOR AN OFFICE OF HOUSING OFFICIAL AND ITS DUTIES; PROVIDING FOR THE' APPOINTMENT OF DEPUTIES AND INSPECTORS; PROVIDING ENFORCEMENT POWERS; MAKING IT AN OFFENSE TO FAIL TO CLOSE AN UNOCCUPIED BUILDING; REQUIRING THE VACATING OF BUILD- INGS AND ST RUCTURES; REQUIRING REPAIR OF BUILDINGS AND STRUCTURES; PROVIDING FOR DEMOLITION OF BUILDINGS AND STRUCTURES; PROVIDING FOR THE ASSESSMENT OF COSTS OF DEMOLITION AGAINST THE PROPERTY AND THE OWNER; PROVIDING FOR MINIMUM BUILDING STANDARDS AND DEFECTIVE CONDITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Article IV of Chapter 7 of the Code of the City of Fort Worth (1986), as amended, be amended to read as follows: ~! "ARTICLE IV. "MINIMUM BUILDING STANDARDS CODE "DIVISION 1. "GENERALLY "Sec. 7-66. Short Title. This Article may be referred to as the "Minimum Building Standards Code". ~,, ~i - t~ ~> ~i ,. ~~ -, ~ :,., x "Sec. 7-67. Purpose. The purpose of this Article is to provide minimum standards to safeguard life, limb, health, morals, prop- erty, safety and public welfare by controlling the use occupancy, location and maintenance of buildings and structures within the city and to provide just, equitable and practicable civil and criminal remedies for violations of the Building, Electrical, Mechanical, Plumbing, or other applicable codes, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. "Sec. 7-68. Applicability, Scope and Effect. The provisions of this Article shall apply to all buildings and structures or portions thereof in the City of Fort Worth which are now in existence or which may hereafter be constructed. Any portion of a building or structure which is altered or enlarged shall be made to conform to the Building, Electrical, Mechanical, Plumbing Codes and any other applicable codes. Existing buildings or structures which are moved or relocated shall be considered new construction and shall comply with all requirements of the Building Code and other applicable codes. "Sec. 7-69. Definitions. For the purposes of this Article the words and phrases used in this Article shall have the meanings ascribed to them by the Building Code and by this section: BUILDING CODE: The Uniform Building Code of the City of Fort Worth as adopted and amended from time to time. COMMERCIAL BUILDING: Any building or structure used or designed to be used in whole or part for any purpose other than residential purposes. CONDEMNATION: The bringing of a proper legal action for the abatement of a nuisance. ELECTRICAL CODE: The Electrical Code of the City of Fort Worth as adopted and amended from time to time. -2 - at ';c• _ is 4: ~ ,q a . T i ~. ~f n EXISTING BUILDING: A building constructed in compliance with all codes at the time of construction, ar one for which a legal building permit has been issued prior to the effective date of this Ordinance. EXTERMINATION: The control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by other approved means. FIRE CODE: The City of Fort Worth Fire Code as adopted and amended from time to time. GARBAGE: The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. HEALTH DIRECTOR: The legally designated head of the Department of Health of the City of Fort Worth. HOUSING OFFICIAL: The officer and his deputies charged with the administration and enforcement of this article. INFESTATION: The presence of insects, rodents, vermin or other pests within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises. MAINTAIN: Keep, preserve, erect, construct, enlarge, alter, repair, move, improve, convert, equip, use, main- tain status quo, or permit to exist. MECHANICAL CODE: The City of Fort Worth Mechanical Code as adopted and amended from time to time. NUISANCE: Whatever is dangerous to human life or health, whatever renders the ground, the water, the air or food a hazard or injury to human life or health or that is offen- sive to the senses, or that is or threatens to become detrimental to the public health. OWNER: Any person shown on the latest property tax assess- ment rolls, or any person having or claiming to have any legal or equitable ownership interest in the property. PERSON: Any individual, corporation, firm, association, trust, partnership or group of two or more persons having a joint or common economic interest, including nonprofit, religious, charitable, and professional entities. 7 i -3- ;~.. ~,,,: ~, '~ ~ ,,, r~ PLUMBING CODE: The Plumbing Code of the City of Fort Worth, as adopted and amended from time to time. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The term 'repair' shall not apply to any change of construc- tion or additions to a building. RUBBISH: All combustible and noncombustible waste, except garb age. SUBSTANDARD OR SUBSTANDARD CONDITIONS: Not meeting or conforming with one or more of the standards or specifica- tions set forth in this Article or possessing one or more of the conditions or defects set forth in this Article to an extent that endangers the life, limb, health, morals, property, safety or welfare of the public or the occupants of buildings. ZONING ORDINANCE: The Comprehensive Zoning Ordinance of the City of Fort Worth, as adopted and amended from time to t ime . "Sec. 7-70. Exemption of City Officials from Liability. All of the regulations provided in this Article and the functions and duties of all officers, agents, servants or employees of the City in the enforcement of this Article are declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee, or any member of the Building Standards Commission charged with the enforcement of this Article, acting for the City in the discharge of his duties, shall not thereby render himself personally liable by the performance of any act required or permitted in the discharge of his duties. "Sec. 7-71. Incorporation of Reference. Any reference made in this Article to any other law, statute, code, ordinance, rule, regulation, or similar statutory or quasi-statutory material is intended to incorporate such material as it presently exists and also any future amendments, changes, revisions, repeals, or recodifications of such material, unless otherwise expressly provided. -4- r. T ,~ .i~ ,. ~ ~~ -r t. . c "Sec. 7-72. Responsibility for Condition of Premises; Notice; Service Each owner shall be liable for violation of duties imposed upon him by this Article, even though an obliga- tion is also imposed on the occupants of his building and even though the owner has, by agreement, imposed on the occupants the duty of maintaining or repairing the build- ing and complying with this article. Each owner or his agent, in addition to being respon- sible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in such building or structure. Each owner or occupant shall furnish and maintain approved devices, sanitary facilities, equipment or facil- ities for the prevention of insect and rodent infesta- tion. Where infestation exists, the owner or occupant shall be responsible for the extermination of any insects, rodents or other pests. Each owner or occupant of a building or structure, shall dispose of all rubbish, garbage and other organic waste in such manners as is required by applicable ordi- nances of the City of Fort Worth. "Secs. 7-73 - 7-85 Reserved "DIVISION 2. "ADMINISTRATION "Sec. 7-$6. Building Standards Commission. (a) Established. A Building Standards Commission is hereby established. (b) Composition; Appointment; Qualifications of Members; Term of Members. The Building Standards Commission shall consist of nine members, each of whom shall be a duly qualified elector and a resident of the City, who shall be appointed by the City Manager with the approval of the City Council. The Members shall be ap- pointed to serve in places numbered 1 through 9. -5- r r, r ~. i; «~. After the initial appointments hereunder, the members of the Building Standards Commission shall hold office for a term of two ( 2 ) years unless removed prior to the com- pletion of such term. Members appointed to odd-numbered places shall serve terms expiring October 1 of the odd-numbered years and members appointed to even-numbered places shall serve terms expiring October 1 of the even-numbered years. (c) Ex Officio Members. In addition to the nine regular members of the Building Standards Commission, the Fire Chief, Housing Official, Chief Sanitary Engineer, and Building Official of the City shall be, ex officio, non- voting members of such Commission. It shall be the duty of such ex officio members or their authorized assistants to attend all Commission meetings and to advise and consult with the Commission in matters pertaining to the enforce- ment of this Article. When requested by the Commission, the ex officio members shall inspect buildings, structures or premises in violation of, or alleged to be in violation of, this Article and shall present a report of such in- spection to the Commission. (d) Meetings; Quorum; Officers. A quorum for the transaction of business of the Building Standards Commission shall consist of not less than five (5) mem- bers. No decision by the Commission shall be deemed rendered unless concurred in by not less than four (4) members. The Commission shall select a chairman who shall act as presiding officer at all meetings, and it shall establish such rules of procedure as it deems necessary for proper conduct of its business. The Housing Official shall function as secretary and shall prepare and be custodian of all necessary minutes and records. The Commission shall hold regular meetings at least once each month and, in addition, such special meetings as may be required for the performance of its duties. (e) Powers and Duties. The Building Standards Commission shall hear and decide appeals wherein it is alleged there is error in any order, requirement, decision or determination made by the Housing Official in the civil enforcement of this Article, and it shall also have the following powers: (1) To reverse or affirm, wholly or in part, or to modify any order of the Housing Official; -6- ~~ ~~;, ~, (2) To authorize, upon appeal, such variance in the application of the terms of this Article as will not be contrary to the public interest or other ap- plicable laws or ordinances, where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, it being, however, the intention of the City Council that no decision of the Commission shall vary or be inconsistent with the terms, provisions and require- ments of this article; (3) To interpret the provisions of this Article in such a way as to carry out its intent and purpose and to make such suggestions and recommendations to the City Council as it deems advisable for the im- provement of this article; (4) To conduct hearings where the Housing Official has cited the owner or agent of a building to appear before the Commission to show cause why such building or structure should not be repaired, vacated or demolished, and on the basis of such hear- ing, if the building is determined to be unsafe, to recommend issuance by the City Council of such orders as shall appear necessary; and (5) To direct the Housing Official to either recommend discontinuation of any pending criminal prosecution under Division 3 of this Article or to refrain from commencing any such prosecution, or both. "Sec. 7-87. Housing Official (a) Office Established; Duties. There is hereby established in the Department of City Services the Office of the Housing Official, which is authorized and directed to enforce all the provisions of this Article. (b) The Housing Official and his authorized repre- sentatives shall be authorized to make inspections of all buildings, houses, and premises within the City of Fort Worth for the purposes of determining that the provisions of this code are fully complied with. Upon probable cause to suspect that any building or premises are in violation of this Code, and: -7- ~. ~. ~4. .{ (1) if such building or premises are open and clearly unoccupied, the Housing Official may enter such building or premises for the purpose of inspect- ing same without prior notice to any person; or (2) if such building or premises are closed or if a reasonably prudent person would have reason to believe that such premises are occupied, the Housing Official shall have recourse to every procedure, right, or remedy provided by law to secure entry for the purpose of inspecting same. For purposes of this section a building or premises shall be "closed" if entry cannot be gained without the use of force, however slight, including, for example, the force necessary to open an unlocked door or climb into an open window; a building or premises shall be "occupied" if occupied for either residential or business purposes. (c) When the housing official or his authorized representative shall have first obtained a proper inspec- tion warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the housing official or his authorized representative for the purpose of inspection and examination pursuant to this code. (d) Appointment of Deputies and Inspectors. The Housing Official may appoint such number of inspectors and other employees as shall be authorized by the appropria- tions ordinance and budget. He may deputize such employees as may be necessary to carry out the functions required for the enforcement of this article. (e) Identification. The Housing Official and his deputies and inspectors shall be supplied with official identification, and upon request, they shall exhibit such identification when performing any duties imposed and authorized by this Article. (f) Power of Enforcement. Whenever the Housing Official has inspected any premises, he may commence criminal proceedings as set forth in Division 3 of this Article, civil proceedings as set forth in Division 4 of this Article, or both, as determined by the conditions existing on such premises. -8- ., ~ ,~ (g) The Housing Official shall review all proposed amendments to the Building, Plumbing, Electrical and Mechanical Codes and shall recommend to the appropriate board whether they should be applied retroactively to existing structures. "Secs. 7-88. - 7-100. Reserved. "DIVISION 3. "CRIMINAL ENFORCEMENT "sec. 7-101. Commencement. (a) The Housing Official is hereby authorized to commence criminal proceedings whenever he finds that there has been a violation of any section of this division. (b) To commence criminal enforcement of this Code, the Housing Official shall file with the Chief Prosecutor of the Municipal Courts a request that a criminal com- plaint be filed in such court. Such request shall contain such information as needed by the chief prosecutor to prepare a valid criminal complaint and may be in the form of an original copy of a citation. Such request shall specify the Section of this article under which prosecu- tion is desired. (c) The provisions of Division 4 of this article shall not affect or be required for any prosecution brought under this Division, nor vice versa, except where otherwise expressly provided. (d) Criminal proceedings may be commenced at any time a violation exists regardless of the state of or existence of any civil proceedings pending under this Article, except as otherwise expressly provided. "Sec. 7-102. Maintaining Sustandard Structure. It shall be unlawful for any owner, occupant or person in control to maintain any premises upon which exists any substandard condition as set forth in Division 5 of this article. All buildings or portions thereof which are determined to be substandard as defined in this Article are hereby declared to be public nuisances and shall be abated by repair or demolition as provided in this Article. -9- r > 1.. "Sec. 7-103. Failure to Close Unoccupied Building. (a) It shall be unlawful for any owner or person in control of any unoccupied building to fail to keep such building closed and secured at all times. (b) The term "closed and secured" shall mean that such building is closed by intact doors which are locked, bolted or nailed shut; by intact windows which are boarded up, latched, locked, barred, or protected by other inani- mate devices reasonably sufficient to exclude intruders; and by intact, solid and continuous walls and roof. (c) It shall be a defense to prosecutions under this section that the owner or person in control had closed and secured such building before the date of offense alleged in the criminal complaint and that such building was not closed and secured on such date of offense through the acts of unknown persons or acts of nature occurring forty-eight hours or less before noon on such date of offense. (d) It shall be a defense to prosecutions under this section that such building was not closed and secured for the reason that work was being performed on such building by persons actually physically present on the property on the date of offense alleged in the complaint. "Sec. 7-1U4. Occupancy of Building Posted with Notice to Vacate; Removal of Notice. (a) The Housing Official may post a Notice to Vacate in a conspicuous place at or upon any building or struc- ture which he determines might from any cause endanger the life, limb, health, property, safety or welfare of the general public or any occupants of said building or struc- ture. In addition, every such notice shall be served as provided in Section 7-118 of this Article. (b) Every notice to vacate shall be in substantially the following form: 'SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. HOUSING OFFICIAL CITY OF FORT WORTH' -10- (c) After such notice is posted, it shall be unlaw- ful for any person to use, enter, remain in, or occupy such building or structure nor shall any owner of such building knowingly permit any person to use, enter, remain in, or occupy such building. It shall be defense to any prosecution occurring under this paragraph that entry was made for the sole purpose of repairing, demolishing, or removing such building or structure. (d) It shall be unlawful for any person to remove or deface such notice until the required repairs, demolition or removal have been completed and a certificate of occu- pancy has been issued pursuant to the provisions of the Building Code. (e) For purpose of prosecution under this Section, it shall be presumed that such notice was served and posted by the proper authority and under the proper pro- cedure if it is shown that such notice was conspicuously posted on such building on the offense date alleged in the criminal complaint. "Sec. 7-105. Transfer Notice Required. (a) It shall be unlawful for any owner to knowingly fail to provide effective written notice as provided in this Section to any transferee of any ownership interest or security interest in any property about which such owner has been given notice under Section 7-118 of this Code, unless such notice under Section 7-118 has been withdrawn by the Housing Official or reversed by the Building Standards Commission or the City Council. (b) Notice given under this Section shall meet the following requirements: (1) a copy of such notice is filed by the owner with the County Clerk of Tarrant County, Texas, before the filing of any type of deed or deed of trust; (2) it is prepared in triplicate originals upon three identical sheets of paper used exclusively for such notice; (3) it includes each of the following: (a) The street address, if any, and the legal description of the premises; -11- . (b) a statement, clearly legible, as follows: "NOTICE IS HEREBY GIVEN THAT THE PROPERTY HEREIN DESCRIBED HAS BEEN FOUND TO BE SUBSTANDARD BY THE CITY OF FORT WORTH. LEGAL ACTION IS PENDING AGAINST THIS PROPERTY THAT MAY RESULT IN THE PROPERTY BEING ORDERED VACATED OR DEMOLISHED." (c) the name and signature of the owner; (d) a sworn declaration by the owner that such notice was executed by the owner and presented to the transferee before any ownership interest or security interest passed to the transferee. (4) One copy is served by the owner upon the transferee by registered mail, return receipt re- quested; and (5) One copy of such notice is retained by the owner. Sec. 7-106. Permits. It shall be unlawful for any person to erect, con- struct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code without first obtaining the appropriate permits for each building or structure according to the applicable conditions prescribed in Chapter 3 of the Building Code. Sec. 7-107. Penalty. Any violation, disobedience, omission, neglect or refusal to comply with the enforcement of any of the provisions of this Article shall be punishable by a fine not exceeding Two Thousand Dollars ($2,000) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense. Secs. 7-108. - 7-114. Reserved. "DIVISION 4. "CIVIL ENFORCEMENT Sec. 7-115. Closing and Securing Structures. (a) Whenever the Housing Official or an authorized representative of same shall find a building that is vacant and open, said official or his representative shall -12- ,r ~. i ~ :k ` i order that such building be closed and secured within ten (10) days from the date of notice. Closed and secured shall mean that all windows and doors shall be closed and locked or securely boarded to prevent unauthorized entry. If said building is not closed and secured as order- ed, the Housing Official or his designee may close and secure said building. (b) If the Housing Official or his designee closes and secures a building, he shall keep an itemized account of the expenses incurred by the City in closing and secur- ing any building pursuant to the provisions hereof and upon completion of the closing and securing, the Housing Official shall provide to the Director of City Services such costs to be prepared and filed in a report to the City Secretary specifying the work done, the itemized and total cost thereof, a description of the real property upon which the building or structure is located, and the names and addresses of the persons entitled to notice pursuant to Section 7-118 of this article. (c) The Director of City Services shall request the City Attorney to collect the costs noted in subsec- tion (b). The assessment shall be confirmed and recorded on the assessment roll and thereafter such assessment shall constitute a special assessment against and a lien upon the property. (d) The validity of any assessment made under the provisions of this Article shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment rolls. "Sec. 7-116. Notice to Vacate. The Housing Official may order any premises that adversely affect the life, limb, health, property, safety or welfare of the occupants to be vacated by: (a) Issuing an order to the same persons and in the same manner as notice is issued under Section 7-118(c) of this Article that such premises shall not be used, entered, remained in, or occupied until released by the Housing Official, except for the purpose of actually physically engaging in the required repairs, demolition, or removal; (b) Posting such premises with notice as provided by Section 7-104 of this Article; and -13- (c) Withholding such release until such time as the ordered repairs or demolition are completed. "Sec. 7-117. Order. Whenever the Housing Official has inspected any premises and has found any building on such premises which is substandard to the extent that the life, limb, health, property, safety or welfare of the public or the occupants thereof is endangered, he shall commence civil proceedings by issuing an order to the owner of such premises to repair or demolish such premises and that such work must physically commence within thirty (30) days from the date of notice. "Sec. 7-118. Notice. (a) Any order issued under Section 7-117 of this Article shall be embodied in a notice containing the following: (1) The street address, if any, or other de- scription sufficient for identification of the prem- ises upon which the building is located. (2) A statement that the Housing Official has found the building to be substandard, with a general description of the conditions found to render the building substandard. (3) A statement that the owner is ordered to physically commence repair or demolition work within thirty (30) days from the date of notice. (4) A statement that all necessary permits must be obtained before physically commencing work. (5) A statement that once commenced, work must be completed within a reasonable time as stated in the notice. (6) A statement that unless work is commenced and completed as ordered, that the Housing Official may order the premises vacated and that he will present the case to the Building Standards Commission for demolition by the City. (7) A statement that any person receiving notice may stay the order of the Housing Official by -14- ~. appealing same to the Housing Official within thirty (30) days from the date of notice. (b) The notice must be signed and dated by the Housing Official. (c) One copy of the notice shall be mailed to the owner by certified mail, return receipt requested, in a prepaid, properly addressed wrapper deposited in the United States mail. A second copy shall be posted in a conspicuous place on the premises concerned. Additional copies shall be mailed by regular mail to the last known address of any other owner, mortgage holder, trustee under deed of trust, or lienholder of such premises shown of record in the deed records of Tarrant County, Texas. The failure of the Housing Official to serve any person shall not invalidate any proceedings hereunder as to any other person duly served or relieve such person from any duty or obligation imposed upon him by the provisions of this Article. If no address of any such person so appears or is known to the housing official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by mail in the manner herein provided shall be effective on the date of mailing. "Sec. 7-119, Appeal from Order of Housing Official. (a) The owner of property ordered repaired, vacated, closed and secured, or demolished, or any other person entitled to notice under Section 7-118, may stay the order of the Housing Official by filing with the Housing Official within thirty (30) days from the date of such notice, an application for appeal. Such application form shall require the following information: (1) The name of the appellant and his mailing address; (2) The street address and, if known by the appellant, the legal description of the property in question; (3) A statement setting forth the relief re- quested, and (4) The signature of the appellant. -15- (b) A timely filed appeal shall automatically sus- pend the order of the Housing Official. (c) Failure of any person to file a proper appeal within thirty (30) days shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof. "Sec. 7-120. Recordation of Notice and Order. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Housing Official shall file in the Tarrant County Deed Records a certificate describing the property and certifying (i) that the building is a sub- standard building, and (ii) that the owner has been so notified. Whenever the corrections ordered shall there- after have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the Housing Official shall file a new certificate in the deed records certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate. "Sec. 7-121. Hearing By Building Standards Commission. (a) The Housing Official shall place every demoli- tion order on the agenda of the Building Standards Commission and shall notify the owner and any appellant of the time, date, and place of such hearing. Such notice(s) shall be sent via certified mail, return receipt re- quested. Should the Housing Official receive any further applications for appeal upon the same premises, they shall be placed upon the agenda to be heard at the same place and time as the pending appeal and notice shall be given in the same manner. (b) The Housing Official will present to the Building Standards Commission a request that the premises named in such notice be demolished by the City and a request that the costs of such demolition be charged against the owner of such premises and also be assessed against the property. (c) The Building Standards Commission shall hear the appeal at the time and place noted on its agenda and shall have the power to affirm, reverse, or modify the order of the Housing Official. If such order is affirmed, the balance of the thirty-day time limit, as set forth in -16- i j a iR. t Section 7-117, shall resume running from the date of the Commission's order. If such order is reversed, the Housing Official shall immediately cease any civil proceedings against the property and shall abide by such further orders as the Commission shall make regarding such prop- erty. If such order is modified, the Commission shall immediately announce such modification to all appellants present at such meeting. The Housing Official shall enter such modified order in the minutes of the Commission and shall send a copy of the relevant portion of such minutes to all appellants not present and all persons who received notice under Section 7-118 of this Article. Such copy shall be sent via certified mail, return receipt re- quested. "Sec. 7-122. Appeal to City Council from Building Stan- dards Commission. (a) Any order of the Building Standards Commission requiring demolition by the City of any premises shall be sent to the City Council for final approval before any demolition is begun, and the Housing Official shall proceed only as ordered by the City Council. A reasonable period of time to allow repair or demolition of the prop- erty by the owner may be granted by the Housing Official prior to review by the City Council. (b) Any action or order of the Building Standards Commission other than for demolition may be appealed by either the appellant or the Housing Official to the City Council. The application, notice, and procedures for such an appeal shall be the same as that required to appeal to the Building Standards Commission, except that application for appeal shall be made within ten (10) days after the ruling of the Building Standards Commission and shall be made to the Housing Official. The City Council may affirm, reverse, or modify the action or order of the Building Standards Commission. "Sec. 7-123. Demolition Procedure. (a) If demolition is ordered by the City Council, the Housing Official shall, upon receiving such order, send notice to the same persons and in the same manner as provided in Section 7-118(c} of this Article. Such notice shall specify: (1) The address of the property in question; -17- {~ t / i , (2) That the City Council has ordered such property demolished; (3) That demolition work on the property can begin at any time after ten (10 ) days after the date of the notice; (4) That the costs of demolition may be asses- sed against the property, the owner, or both; and (5) That proper demolition permits must be issued prior to any demolition work being commenced. Such notice shall be signed and dated by the Housing Official. (b) No criminal prosecution shall be commenced under Section 7-102 of this Article by the Housing Official involving any property ordered demolished by the City Council; provided, however, that any criminal proceedings commenced under Section 7-102 prior to the City Council's demolition order may be continued to be prosecuted until final judgment. (c) After sending notice, the Housing Official shall issue his order therefor to the Director of City Services, and the work shall be accomplished by City personnel or by independent contractor after bids are taken. Plans and specifications for such work, when necessary, shall be caused to be prepared by the Director of City Services. "Sec. 7-124. Enforcement of Order. After any order of the Housing Official or Building Standards Commission shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order shall be guilty of a misde- meanor. "Sec. 7-125. Costs. (a) The City Council shall from time to time desig- nate monies from the General Fund for contractual services which shall be used for demolition and closing and secur- ing structures hereunder. Payments shall be made out of said fund at the discretion of the City Council upon the request of the Director of City Services, with the concur- rence of the Housing Official, to defray the costs and expenses incurred by the City in doing or causing to be done the necessary demolition of and/or closing and secur- ing substandard buildings and structures. The City Council -18- ~. ~ 'A ~ ~~~=~~ ,. may appropriate such sums as it may deem necessary in order to expedite the demolition and/or closing and securing, and any sum so appropriated shall be deemed a loan from the General Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. (b) The Director of City Services shall keep an itemized account of the expenses incurred by the City in the demolition and/or closing and securing of any building pursuant to the provisions hereof, and upon the completion of the demolition and/or closing and securing, the Director of City Services shall cause to be prepared and filed with the City Secretary a report specifying the work done, the itemized and total cost thereof, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 7-118(c) of this Article. (c) The City Council may thereupon order that said costs, including administrative costs, be made a personal obligation of the owner or assess said charge against the property involved under the applicable provisions of the Constitution and laws of the United States, the State of Texas, and the Charter of the City of Fort Worth. (d) If the City Council orders that the charge shall be a personal obligation of the owner, it shall request the City Attorney to collect the same on behalf of the City by use of all appropriate legal remedies; if the City Council orders that the charge shall be assessed against the property under the applicable provisions of the Constitution and laws of the United States, the State of Texas, and the Charter of the City of Fort Worth, it shall confirm the assessment and cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property. (e) The validity of any assessment made under the provisions of this Article shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment rolls. "Sec. 7-126. Discontinuation of Demolition Proceedings. After any premises have been ordered repaired or de- molished under Section 7-117 of this Article, the Housing Official shall regularly reinspect same. If at any time the building on such premises is no longer substandard to -19- ~~ ,., ,~ the extent that the life, limb, health, property, safety, or welfare of the public or the occupants thereof is endangered, the Housing Official shall immediately with- draw his prior order and issue a certificate reflecting such action to the owner of such property. Discontinuation of demolition proceedings shall not release the owner from any obligations to pay costs incurred by the City as set forth in Section 7-125. "Sec. 7-127. Lien; Foreclosure. (a) Immediately upon its being placed on the assess- ment roll, the assessment shall be deemed to be complete and payable, and the assessments shall be liens against the lots or parcels of land assessed. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and municipal taxes, with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (b) All such assessments remaining unpaid after thirty (30) days from the date of recording on the assess- ment roll shall become delinquent and skull bear interest at the rate of 7 percent per annum from and after said date. (c) After confirmation of the report, certified copies of the assessment shall be given to the tax collector/assessor, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. The amount of the assess- ment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (d) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the city treasurer who shall credit the same to the General Fund. "Sec. 7-128. Change in Owner. A change in ownership of any property upon which proceedings are pending under this Article shall not affect the validity of such proceedings if: -2 0- 1, ff I `. .f ~:'~ ~ ' } .1 (a) The new owner has been served with notice at any stage of the proceedings prior to the City Council order- ing demolition of the building; or (b) The new owner has been given notice as required by Section 7-105 of this Article; or (c) The new owner failed to notify the Housing Official in writing of the change in ownership. Notwithstanding the above, upon receipt of a nota- rized statement from the new owner showing transfer of ownership and containing the information provided below, the Housing Official shall stay all demolition proceedings for thirty (30) days during which time the new owner shall commence substantial repairs on the property in order to bring the property into compliance with all codes. Such a stay shall continue as long as such repairs or renovation shall be diligently pursued and said stay shall be auto- matically terminated whenever the Housing Official shall determine that the new owner has failed to diligently pursue repairs. In order to obtain a stay, the new owner shall file with the Housing official a notarized statement attesting that: (i) he purchased the property in good faith without notice of any proceedings under this article; (ii) a transfer notice as required by Section 7-105 had not been filed in the deed records at the time of his purchase of the property; (iii) the new owner has filed a transfer notice in the deed records in accordance with the provisions of Section 7-105; and (iv) he will commence substantial repairs on the property within thirty (30) days and will diligently pursue such repair or renovation in order to bring the substandard structure into compliance with ail codes. Should the Housing Official in his discretion determine that although due diligence has been pur- sued, the structure is still not in compliance with code standards he may grant additional time to bring the structure into compliance with the applicable codes. -21- ~ ~ r i "DIVISION 5. "STANDARDS AND CONDITIONS "PART A. STANDARDS "Sec. 7-141. General Standards. All standards and specifications contained in the Health Code, Building Code, Mechanical Code, Plumbing Code or Electrical Code which are made applicable by said Codes to buildings existing prior to the adoption of said Codes are hereby adopted verbatim and incorporated into this Article for all purposes ~~hereof. Any violation of the above-mentioned standards and provisions shall cause a building, structure or premises to be substandard and shall be deemed to be a violation of this Code notwith- standing the fact that it may also be a violation of the Health, Building, Mechanical, Plumbing or Electrical Codes. "PART B DEFECTIVE CONDITIONS "Sec. 7-142. Defective Conditions The following are defective conditions: (a) In general, buildings or structures: (1) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (b) Inadequate Plumbing: sink(s); (1) Living units without kitchen(s) and kitchen (2) Water heating appliances installed within twenty-four inches of any water closet, bathtub or shower; (3) Rooms which house water closets which are not separated from food preparation or storage rooms by a r -22- ~ .{ I f l ; J close fitting door. A close fitting door is one which is designed and fitted to conform to the contours of its frame; (4) Living units not provided with hot and cold water to plumbing fixtures designed for hot and cold water. (c) Inadequate Sanitation: (1) Infestations of insects and/or vermin; (2) Openings capable of being used for ventila- tion but not doorways unless securely screened with 16/18 mesh insect wire to prevent the entrance of flies and other insects; (3) Refrigerators and freezers not in active use unless the doors have been removed. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Article IV of Chapter 7 of the Code of the City of Fort Worth, Texas, or any other ordinances affecting building standards which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both -23- ~ . l . ~ N ~ y 1 ~ F~ . _ C civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be punishable by a fine not exceeding Two Thousand Dollars ($2,000) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any .court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this -2 4- ,: .. + ,, r < ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City Secretary of the City of Fort Worth, Texas is hereby directed to engross and enroll this ordinance by copying the caption and Sections 4 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 4 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: yk - v l __~ S ADOPTED: EFFECTIVE: Ord5 -25- ACCOUNTINE~<, ~ ~ ~ City of Fort W®rth, ~'e~cas 7RANSPOR7A~i@N~P_tl6LiG '~ ~®U W~~ ~®~ p~ll/(L~ ~®~0/l l{/IL1{/~~l/IL/~~(~/®UIL \AATER ADtv;fNiSTE~Arii2tV~' e/ ~/~/ 'i°DATE REFERENCE sue.-ECr ORDINANCE AMENDING ARTICLE IV, PAGE -NUMBER MINIMUM BUILDING STANDARDS CODE OF 04/26/88 - G-7551 1 of 2 OF FORT WORTH Recommendation ~t is recommended that the City Council adopt the attached ordinance which amends the City's Minimum Building Standards Code, (Housing Ordinance No. 8006). Bac_ kground On March~8, 1986, the City Council appointed a citizen's Rental Registration Committee to review a proposed ordinance establishing procedures for the abate- ment of public nuisances by the City, review the City's current Minimum Building Standards Code, and review the concept of rental registration. Discussion In the past two years the committee held more than a dozen public meetings during which there was extensive discussion and debate with citizens and City staff about many housing and code enforcement related issues. An "Informal Report to City Council Members" on April 19, 1988 summarized the accomplish- ments of the committee and their recommended revisions to the current Minimum Building Standards Code. Staff concurs with the recommendations and addition- ally agrees that the revisions will better enable property owners and the City to deal with housing problems and code violations. Proposed revisions to the Minimum Building Standards Code will clarify ambig- uous language, simplify procedures, and shorten time frames for being able to deal with problems. Significant changes includes• Section 7-87 (C) Clarifies the right to enter property for the purpose of inspection and provides for a warrant procedure; Section 7-117 Reduces the time frame for commencing repair or demolition of a substandard structure from sixty days to thirty days, Section 7-115 (C) Authorizes placement of a lien on property for cost of securing vacant and open structures, Section 17-120 Requires filing of a certificate with the County certifying that the structure is substandard, Section 7-123 (A)(3) Reduces waiting period from thirty days to ten days for awarding of a contract for demolition, Section 7-128 Clarifies understanding of change in ownership; DATE REFERENCE suB~ECr ORDINANCE AMENDING ARTICLE IV, PA~ `~~ NUMBER MINIMUM BUILDING STANDARDS CODE OF 2 ? 04/26/88 G-7551 HA ~ - f OF FORT WORTH Section 7-141 Condenses the general standards; Section 7-142 Condenses the defective conditions; and Section 4 Provides for a fine not to exceed $2,000 for violations related to fire, safety, zoning, public health, or sanitation. Financing None required. RG:wg aPPROVE'0 ~~ ASR 2s t~~~ ~~ ~~ ~~~ ~ ~~ ~~~ ~ ~ ~~~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY R a m o n G u a j a r d o DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: R O n S t U l t S CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT d o z a 6 3 3 8 Adopted Ordinance No„ ~~ _ DATE