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HomeMy WebLinkAboutOrdinance 19697-05-2011ORDINANCE NO. 19697-05-2011 AN ORDINANCE AMENDING SECTION 7-402, "FEES," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, TO INCREASE ANNUAL FEES FOR RENTAL REGISTRATION FROM TWENTY-FOUR DOLLARS ($24.00) TO TWENTY-FIVE DOLLARS ($25.00) FOR A FIRST DWELLING UNIT AND FROM EIGHT DOLLARS ($8.00) TO TEN DOLLARS ($10.00) FOR EACH ADDITIONAL DWELLING UNIT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a number of multi-family dwelling complexes are located in the City of Fort Worth and serve as homes for a substantial portion of the City's residents; and WHEREAS, to safeguard the life, health, safety, welfare, and property of the occupants of multi-family dwelling complexes and the general public, the City of Fort Worth adopted Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes," of Chapter 7, "Buildings," of the Fort Worth City Code to provide a process to enforce minimum building standards and provide equitable and practical criminal, administrative, and civil remedies for violations of minimum building standards in such complexes; and WHEREAS, Section 7-402, "Fees," of Article IX establishes an annual fee that must be paid to offset the city's cost of administration, registration, and inspection for multi-family dwelling complexes; and WHEREAS, the recent addition of a number of new multi-family dwelling complexes and the aging character of other complexes has resulted in significant increases in the costs of administering and enforcing Article IX; and WHEREAS, staff in the Code Compliance Department has recommended slight increases in the per-unit annual fees to help offset these increased costs; and Page I of 3 WHEREAS, the Fort Worth City Council wishes to enact the proposed fee increases to better reflect and offset current costs and to ensure the continued availability of adequate staff to administer and enforce Article IX and thereby safeguard the life, health, safety, welfare, and property of the occupants ofmulti-family dwelling complexes and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. That Subsection (b) of Section 7-402, "Fees," of the Code of the City of Fort Worth, Texas, is hereby amended to increase rental registration fees from twenty-four dollars ($24.00) to twenty-five dollars ($25.00) for a first dwelling unit and from eight dollars ($8.00) to ten dollars ($10.00) for each additional dwelling unit and to read as follows: (b) An annual fee of twenty-five dollars ($25.00) for the first dwelling unit and ten dollars ($10.00) for each additional dwelling unit shall be: (1) Submitted annually with the registration form required by section 7- 401 above, and (2) Submitted with a new registration upon a change of ownership of the complex. All portions of Section 7-402, "Fees," not specifically amended herein shall remain in full force and effect. SECTION 2. 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. Page 2 of 3 SECTION 3. 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, 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 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both 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 5. This ordinance shall take effect upon adoption. VED ~ ity Att FORM AND LEGALITY: ADOPTED: May 24, 2011 EFFECTIVE: Ma~24, 2011 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication ~~ ~_.~ COUNCIL ACTION: Approved on 5/24/2011 -Ordinance No. 19697-05-2011 DATE: Tuesday, May 24, 2011 REFERENCE NO.: **G-17279 LOG NAME: 23RENTAL REGISTRATION FEE INCREASE SUBJECT: Adopt Ordinance Amending Section 7-402, Fees, of the Fort Worth City Code to Increase Rental Registration Fees RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance, which amends Section 7-402, Fees, of the Fort Worth City Code to increase the annual fees for rental registration from twenty-four dollars ($24.00) to twenty-five dollars ($25.00) for a first dwelling unit and from eight dollars ($8.00) to ten dollars ($10.00) for each additional dwelling unit. DISCUSSION: Staff recommends that the City Council amend Section 7-402 of the Fort Worth City Code to increase the annual rental registration fee for multi-family dwellings from twenty-four dollars ($24.00) to twenty-five dollars ($25.00) for a first dwelling unit and from eight dollars ($8.00) to ten dollars ($10.00) for each additional unit. Fees are used to offset the city's cost of administration, registration and inspection. On October 9, 2007, the City Council approved M&C G-15907, which amended Article IX and restructured the inspection fees, allowing for an expansion of the Multi-Family Inspection Section of the Code Compliance Department to monitor and inspect the more than eleven hundred apartment complexes throughout the City. Recently more multi-family complexes have been identified with substandard conditions. Likewise, due to the aging of the complexes and structures at these multi-family properties, more inspections have been required. Also, a growth in the number of apartment communities in the City has led to an increase in the number of re-inspections and return visits and added to the workload of the already understaffed Multi- Family Inspection Section. The Code Compliance Department is recommending an increase of the current registration fees to address these issues and to avoid further staffing reductions in Fiscal Year 2012. The ordinance increasing the fee will be effective on adoption. It is estimated that the City will receive an additional $66,599.00 per fiscal year. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Code Compliance Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: Logname: 23RENTAL REGISTRATION FEE INCREASE Page 1 of 2 TO Fund/Account/Centers GG01 462219 0234010 243.00 GG01 462220 0234010 $66,356.00 FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bk Originating Department Head: Additional Information Contact: Charles Daniels (6199) Brandon Bennett (6345) Scott Hanlan (7204) Shannon Elder (6326) Logname: 23RENTAL REGISTRATION FEE INCREASE Page 2 of 2