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HomeMy WebLinkAboutCP 225 CIT Fwo , TEXAS o � 0' COUNCIL PROPOSAL Date: File Number: Subject: Martin Von Wolfswinkel-Building Fees 4-29-03 225 Proposed By:Frank Moss City Manager's Review Page: City Attorney's Review: PAGE 1 OF 2 It is proposed that the City Council: Adopt the attached ordinance amending the applicable sections of the Building, Electrical, Mechanical, Plumbing, Residential and Sign Codes of the Fort Worth City Code to provide an appeal process to the City Council concerning the investigation fees for work performed without a permit. DISCUSSION: On November 12, 2002, the Development Department discovered six townhouses were under construction by Mr. Van Wolfswinkel(foundation form boards in place,under slab plumbing installed and covered up)without building permits being issued Separate from criminal actions for performing work without permits, the Building Code requires an "investigation fee"equal to the amount of the permit fee for work performed without a permit. In the case of Mr.Van WoMwi el's six properties,the normal permit fee is$568.67 per unit bringing the total investigation fee to$3,412.02. Mr. Van Wolfswinkel contends that since he is using a third party plan review and inspection service, his investigation fee should be reduced to$170.00 per unit(20%of the normal permit cost plus 10%for plumbing inspections). The Building Code states in the second paragraph of 107.3.2 that the investigation fee is not affected by using a third party option.Thus,administratively there is no relief allowed The same language addressing investigative fees is in the Electrical, Mechanical,Plumbing,Residential and Sign Codes. It is proposed that the applicable sections of the Building,Electrical,Mechanical, Plumbing,Residential and Sign Codes be amended to provide an appeal process to the City Council in cases where the applicant believes the investigation fee is excessive in his case. The City Council would have the discretion to lower the investigation fee,but never lower than the actual cost to the City to perform the investigation. LEGALITY: The Department of Law finds that this proposal is legal and that it is within the authority of the City Council. FISCAL NOTE: The Finance Director certifies that the approval will not require the appropriation of additional,funds at this time. CITY MANAGER'S COMMENT: The City Manager has no objections to the proposed resolution outlined above. LEGALITY J FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL CIT FO V1/0 , TEXAS I JL C= tm 93 �a COUNCIL PROPOSAL Date: File Number. Subject- Martin Von Wotfswinkel-Building Fees 29-03 225 Pro;5osed'I9T Frank Moss City Manager's Review. Page: City Attorney's Review: PAGE 2 OF 2 Mayer City Manager Councilmember District 2 Councilmember District 3 t ;ouncilmember District 4 cilmember District 5 Co ilmembe 'strict 6 Councilmember District 7 ouncilmember District Councilmember ct 9 APPROVED CITY COUNCIL AeR 29 2003 .. '. City Secretary of the City of Fort Worth,TWM9 LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL r ORDINANCE NO. Zia AN ORDINANCE AMENDING SECTIONS 7-47, 7-62 AND 7-167 OF CHAPTER 7, "BUILDINGS"; SECTION 26-2 OF CHAPTER 26 "PLUMBING"; SECTION 29-23 OF CHAPTER 29 "SIGNS" AND SECTION 11-2 OF CHAPTER 11 "ELECTRICITY" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING AN APPEAL PROCESS TO THE CITY COUNCIL CONCERNING "INVESTIGATION FEES," PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 7-62 of Chapter 7, "Buildings", of the Fort Worth Residential Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection 107.3.2"Fee" as follows: 107.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the pig permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section Theap1c xx� apea the amoum of anstatlo :fee tQ the City Counczl tib filutO apphow thrasnw the f slioutd beQerecl�1'tie Z Cac�x� �r upon a findxniti�t� nest n rettab��b ty.,: >. 'r5• 3 .Y t ' ? f YwF :ti b�rete to l�s�than the aim investigative costs m��f��tie Citi. _ SECTION 2. That Section 7-47 of Chapter 7, `Buildings", of the Fort Worth Building Code of the Code of the City of Fort Worth, Texas(1986), as amended, is hereby further amended by revising subsection 107.5.2"Fee" as follows: 107.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the tegul permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The I- itmay app o amot, 67; invest gat�o fed tc the Council by filtri a wntteiiAppea sl ov g thereasons why th shou 4 - T tartyouncilmay, uponAlndin tha 'the investtatzo i �unxasonable base upoNuc bred to tens than tecEua investigation con's incuYed the City: SECTION 3. Chat Section 7-167 of Chapter 7, `Buildings", of the Fort Worth Mechanical Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection C05.3.2"Fee" as follows: C05.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the i6& permit fee required by this code. The minimum investigation fee shall be the same as the application fee set forth in Table C05.2. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The a licairt may a�ppe ti mount ©l�aii investiativk fee tCi�he `�Cuilii byveh ap�s ► ri g,tfietreaon ��� ��� City_ ��mays upon a 13ai dig that;the in�estigatuiit� �rnre: i�� upon t ��pres�ntet��hn;dus�the��€vest�gatioti�,�e�{ <�,zr� ay Elie�e SECTION 4. That Section 11-2 of Chapter 11, "Electricity", of the Fort Worth Electrical Code 2 of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection C05.3.2"Fee" as follows: C05.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the t !. permit fee required by this code. The minimum investigation fee shall be the same as the application fee set forth in Table C05.2. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The ap 4i cant may appeal the atnouut-of an`imestigataoni dee o jo �Q tncil by filing.a written appeal showing t reasons v�hjr'the fee should, 1;dW` The C-tyCou`ncil mayupoa findipon the facts presented reduce the'iiii�estigatipn fee, bite Yit nc t bay'the fee be reduced to less than the actual investigaticiii costs inciii-red b t i City: SECTION 5. That Section 26-2 of Chapter 26, "Plumbing", of the Fort Worth Plumbing Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection C05.3.2"Fee" as follows: C05.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the Q4W permit fee required by this code. The minimum investigation fee shall be the same as the application fee set forth in Table C05.2. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The applicant may appear the amount of-4q.-IF estigatio fee tot city ouneil y fiiitig arwritten sppeat"showing the rea on awhy`tbb­-JW1j, r T �ity�cx�ricil;mayiupoii a finduig that th�,tn�resttg�t�on �us.un���iail upon:tlY��pf�eiited,reducc the investigatioit;f`�ee, bt}���iso ca�-m��s tfiefe � be reduced to less Mian the actual investigation costs incui�e�by'theCity: 3 SECTION 6. That Section 29-23 of Chapter 29 "Signs" of the Code of the City of Fort Worth, Texas(1986), as amended, is hereby further amended by revising subsection 29-23(c) (2) "Fees" as follows: 29-23 Fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regtzl permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth in Table No. 3-A. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law The applicant may appeal the amount of an investigat%iSi fee to.the.City Caunei� by filing a written appeal showing the,reasons why the fe-should lie k- 6& 'ie City Council may;upon a finding that the investigation fee is unrea56*,j a r60 upon the facts presented, reduce the investigation.fee, lu in no case`may tli'e be be reduced to less than the actual investigation costs incurred by the City. SECTION 7. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, 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 8. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, 4 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 9. Compliance with these rules and regulations shall be a condition of the use of the public parks and recreation areas of the city. 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 subject to arrest, and or fined not more than Five Hundred Dollars($500.00)for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 10. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A Local Government Code Subsection 52.013. SECTION 11. This ordinance shall be effective upon its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: B< Dw Assi ant Cyy Attorney ADOPTED: EFFECTIVE: 5