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HomeMy WebLinkAboutOrdinance 23577-03-2019ORDINANCE NO.23577-03-2019 AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS", ARTICLE IV "MINIMUM BUILDING STANDARDS CODE", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY ADDING PROVISIONS RELATING TO THE HEARING OF BUILDING STANDARDS CASES IN MUNICIPAL COURT; BY AMENDING DIVISION 2 "ADMINISTRATION", SECTION 7-77 "BUILDING STANDARDS COMMISSION" TO REDUCETHE NUMBER OF EX OFFICIO MEMBERS; BY AMENDING SECTION 7-86 "DECLARATION OF MINIMUM STANDARDS; OWNER RESPONSIBILITY" TO GIVE MUNICIPAL COURT JOINT AUTHORITY WITH THE BUILDING STANDARDS COMMISSION TO THE ADMINISTRATIVE PROVISIONS OF THIS ARTICLE; BY AMENDING SECTION 7-86 "DELARATION OF MINIMUM STANDARDS; OWNER RESPONSIBILITY" TO ELIMINATE THE ADMINISTRATIVE APPEAL PROCESS TO THE APPROPRIATE BOARD OR COMMISSION; BY AMENDING DIVISION 3 "ADMINISTRATION" SECTION 7-93 "SANITATION STANDARDS" TO REMOVE DIRECTORS OF CITY SERVICES, HEALTH AND ENVIRONMENTAL MANAGEMENT AND REPLACE THEM WITH DIRECTOR OF THE CODE COMPLIANCE DEPARTMENT AND HIS AUTHORIZED REPRESENTATIVE; BY AMENDING SECTION 7-99 "REPORT TO CITY COUNCIL OF INTENT TO TAKE BUILDING OR STRUCTURE TO THE BUILDING STANDARDS COMMISSION" TO REPEAL THIS REQUIREMENT; BY AMENDING DIVISION 4 "ADMINISTRATIVE AND CIVIL REMEDIES", BY AMENDING SECTION 7-100 TO REMOVE REFERENCES TO CODE COMPLIANCE AS A DIVISION; BY ADDING SECTION 7-100A TO PROVIDE HEARING PROCEDURES BEFORE A MUNICIPAL COURT JUDGE; BY AMENDING SECTION 7-101 "NOTICE OF PROCEEDINGS" TO PROVIDE FOR NOTICES OF MUNICIPAL COURT HEARINGS; BY AMENDING SECTION 7-102 TO REFLECT STATE LAW REQUIREMENTS FOR NOTICE; BY ADDING SECTION 7-102A TO PROVIDE FOR MUNICIPAL COURT JURISDICTION AND PROCEDURES; BY ADDING SECTION 7-102B TO PROVIDE FOR MUNICIPAL COURT JURISDICTION FOR CIVIL CASES BROUGHT UNDER SUBCHAPTER B, CHAPTER 54, TEXAS LOCAL GOVERNMENT CODE; BY AMENDING SECTION 7-103 "CIVIL PENALTY" TO PROVIDE FOR MUNICIPAL COURT PENALTIES; BY AMENDING SECTION 7-104 "WORK PERFORMED BY CITY" TO PROVIDE FOR MUNICIPAL COURT JURISDICTION; BY AMENDING SECTION 7-105 "ASSESSMENT OF LIEN" TO ALLOW THE MUNICIPAL COURT TO ASSESS LIENS; BY AMENDING SECTION 7-106 "ADDITIONAL AUTHORITY TO SECURE BUILDING OR STRUCTURE" TO PROVIDE THE MUNICIPAL COURT ADDITIONAL ENFORCEMENT AUTHORITY; BY AMENDING SECTION 7-108 "JUDICIAL REVIEW" TO Ordinance No. 23577-03-2019 Page 1 of 23 PROVIDE FOR APPELLATE REVIEW OF DECISIONS OF THE MUNICIPAL COURT; AND BY AMENDING SECTION 7-109 "PRESERVATION OF HISTORIC PROPERTIES" TO PROVIDE FOR THE PROTECTION OF HISTORIC PROPERTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to improve the ability of the Code Compliance Department to obtain timely compliance with the minimum building standards code and ordinances related to public nuisances, health, safety and welfare, and to ensure the timely and efficient abatement of nuisance structure conditions; and WHEREAS, the Code of the City of Fort Worth ("City Code") authorizes the Code Compliance Department ("Code Compliance") to obtain property compliance with the minimum building standards code through the establishment of a building standards commission; and WHEREAS, the authority to establish a Building Standards Commission ("BSC") and proceed before a municipal court, to enforce the minimum building standards code and ordinances related to public nuisances, is derived from Texas Local Government Code, Chapters 54 and 214; and WHEREAS, the City Council finds that allowing the enforcement of the minimum building standards code and ordinances related to public nuisances to be conducted in a municipal court as well as the Building Standards Commission is in the best interest of timely compliance for the sake of the public health, safety and welfare; and WHEREAS, it is advisable to amend Chapter 7 of the Fort Worth Code of Ordinances so as to improve the timely and efficient enforcement and administration of the minimum building standards code and ordinances related to public nuisances, health, safety and welfare, by providing for their enforcement in municipal court as well as the BSC; and WHEREAS, it is advisable to amend Chapter 7 of the Fort Worth Code of Ordinances so as to improve the timely and efficient enforcement and administration of the minimum building standards code and ordinances related to public nuisances, health, safety and welfare, by providing concurrent jurisdiction for the municipal courts with state district and county courts at law for proceedings under Subchapter B, Chapter 54, Texas Local Government Code; and WHEREAS, it is advisable for the efficient operation of BSC hearings, and fir the efficient use of City personnel time, reduce the number of ex officio members; and WHEREAS, it is advisable for the efficient operation of BSC hearings to eliminate the 30-day notice to the City Council prior to scheduling a BSC hearing; and Ordinance No. 23577-03-2019 Page 2 of 23 WHEREAS, it is necessary to eliminate the administrative appeal process under § 7- 86(c)(2) of the the minimum building standards code because the appropriate appeal board or commission no longer exists; and WHEREAS, it is necessary to eliminate, add, and revise certain terms and definitions in order to ensure that the ordinance can be interpreted and applied properly in accordance with state law; and WHEREAS, the City Council finds this ordinance to be reasonable and necessary to provide for the health, safety, and welfare of residents of the City of Fort Worth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 2 "Administration", Section 7-77 "Building Standards Commission", which shall be and read as follows: § 7-77 BUILDING STANDARDS COMMISSION. (a) There is hereby established a building standards commission. (b) The commission shall consist of nine members, each of whom shall be a duly qualified elector and a resident of the city. Each member of the commission shall be appointed by the city council. It is the declared policy of the city that the city council shall consider for appointment to the commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent and intelligent judgment, understanding of building standards, understanding of neighborhood integrity and availability to prepare for and attend meetings, and who by reason of diversity of their occupations, constitute a commission which is broadly representative of the community. (c) The members of the commission shall be identified by place numbers one through nine. (d) Except as provided in subsection (e) below, members of the commission shall be appointed fora two-year term, unless removed prior to the expiration of the term. Members of the commission shall be subject to removal at any time by the city council. (e) Members of the commission in the odd -numbered places shall serve terms expiring September 30 of odd -numbered years. Members of the commission in the even -numbered places shall serve terms expiring September 30 of the even -numbered years. (f) Any vacancy in the membership of the commission shall be filled by the city council for the unexpired term of the member whose place has, by removal or otherwise, become vacant. Ordinance No. 23577-03-2019 Page 3 of 23 Vacancies shall be filled within 60 days after the city council removes the member or within 60 days after the city council receives notice of the member's resignation. (g) In addition to the nine members of the commission, the city's code compliance director, shall be an ex officio, non -voting members of the commission. (1) An ex officio member will attend each commission meeting in person or through an authorized assistant. (2) Ex officio members will advise and consent with the commission in matters pertaining to enforcement of this article. (h) The building standards commission shall follow all established procedures and standards on their effective date. SECTION 2. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 3 "Minimum Standards For Buildings and Structures", Section 7-86 "Declaration of Minimum Standards; Owner Responsibility", which shall be and read as follows: § 7-86 DECLARATION OF MINIMUM STANDARDS; OWNER RESPONSIBILITY (a) The standards established in this division shall be the minimum standards for the continued use and occupancy of all buildings, property or structures, regardless of when they were constructed. Any building, property or structure that is in violation of these standards is hereby declared to be in violation of this article and may be ordered to be one or more of the following: vacated, secured, repaired, removed or demolished. (b) The owner and any landlord of any premises within the City of Fort Worth shall be responsible for maintaining the premises in compliance with the minimum standards. The standards of this division are intended to complement the requirements of any other applicable code or ordinance of the City of Fort Worth, and shall not be deemed to lower any more restrictive standard required by the codes at time of original construction or subsequent remodeling. The duty of an owner or landlord to maintain premises in compliance with this article is not affected by any duty this article creates upon the tenants thereof, even if the owner or landlord has, by agreement, imposed upon the tenants the duty of maintaining the premises and complying with this article. (c) (1) The minimum standards specified in Division 3, §§ 7-87 through 7-96 of this article are merged sections of both city code and state law. Minimum standards established by state law cannot be appealed. Appeals regarding the minimum standards established by the City of Fort Worth's building, fire, electrical, plumbing or mechanical codes will be addressed as prescribed for in each of those codes. Page 4 of 23 (2) The building standards commission and municipal court shall have authority relative to the administrative provisions of this article. SECTION 3. That Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 2 "Administration", Section 7-99 "Report to City Council on Intent to Take Building or Structure to the Building Standards Commission" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby repealed in its entirety and shall appear as reserved. SECTION 4. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 4 "Administrative and Civil Remedies", Section 7-100 "Proceedings Before the Commission", and to add Section 7- 1 OOA "Proceedings Before Municipal Court" which shall be and read as follows: § 7-100 PROCEEDINGS BEFORE THE COMMISSION. (a) All cases to be heard by the commission shall be heard by a quorum of not less than five members. No decision by the commission shall be deemed rendered unless concurred in by a majority of those members in attendance, but by no less than a minimum of four members. (b) The commission shall select a chairperson who shall act as presiding officer during the hearing of all cases. (c) All owners, mortgagees and lienholders of the property shall be given an opportunity to present evidence at the hearing. Interested parties shall also be given an opportunity to present evidence. In a hearing to determine whether a building, property or structure is substandard, the owner, mortgagee or lienholder of the building or structure has the burden of proof to demonstrate the scope of work that may be required to bring the building or structure into compliance with this article and the time it will reasonably take to perform the work. (d) The commission shall establish rules of procedure for the conduct of hearings, but such rules shall be consistent with this article and applicable state law. (e) Meetings of the commission shall be held at the call of the director and at other times as determined by the commission. All meetings of the commission shall be open to the public. The chairperson, or in the chairperson's absence the acting chairperson, may administer oaths and compel the attendance of witnesses. (f) The director shall appoint an appropriate municipal official from the code compliance department to act as secretary for the commission. The secretary shall prepare and be the custodian of minutes for all commission proceedings showing the vote of each member on each Ordinance No. 23577-03-2019 Page 5 of 23 question or the fact that a member is absent or fails to vote. The secretary shall keep records of the commission's examinations and other official duties. (g) The director may appoint an appropriate municipal official from the code compliance department, to present all cases and evidence before the commission. § 7-100A PROCEEDINGS BEFORE MUNICIPAL COURT. (a) The City of Fort Worth Municipal Court shall establish rules of procedure for the municipal court proceedings conducted under sections 7-102A, 7-10213, 7-103, and 7-106 of this chapter, but such rules shall be consistent with this article and applicable state law. SECTION 5. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 4 "Administrative and Civil Remedies", Section 7-101 "Notice of Proceedings", which shall be and read as follows: § 7-101 NOTICE OF PROCEEDINGS. (a) The director shall give notice of all proceedings before the commission under Section 7- 102: (1) By certified mail, return receipt requested, to: a. The record owners of the affected property as shown by the records in the office of the county clerk of the county in which the affected property is located; and b. Each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from such records. (2) To all other persons by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. (3) The notice shall be mailed and posted on or before the tenth calendar day before the date of the hearing before the commission. Additionally, the notice shall be published in the official newspaper of the city on one occasion on or before the tenth calendar day before the date fixed for the hearing. (4) The notice shall state the date, time and place of hearing, and shall include a statement, that the owner, lienholder or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. The notice shall also inform the owner of his or her right to hire an attorney to represent him or her at the hearing; his or her right to inspect the file on the property at code compliance headquarters prior to the hearing; his or her right to request the presence of city staff for the purpose of questioning at the hearing; and shall advise the owner of his or her right to cross-examine city staff at the hearing. (b) In a municipal court proceeding under Section 7-102A, the City shall give notice of all proceedings before the municipal court: (1) By certified mail, return receipt requested, to: a. The record owners of the affected property as shown by the records in the office of the county clerk of the county in which the affected property is located; and b. Each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from such records. (2) To all other persons by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. (3) The notice shall be mailed on or before the tenth calendar day before the date of the hearing before the municipal court. (4) The notice shall state the date, time and place of hearing, and shall include a statement, that the owner, lienholder or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. The notice shall also inform the owner of his or her right to hire an attorney to represent him or her at the hearing; his or her right to inspect the file on the property at code compliance headquarters prior to the hearing; his or her right to request the presence of city staff for the purpose of questioning at the hearing; and shall advise the owner of his or her right to cross-examine city staff at the hearing. (c) The City may file a notice of a proceeding that is before the building standards commission or municipal court in the official public records of real property in the county in which the affected property is located. (1) The notice shall contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, a legal description of the property, and a description of the proceeding. (2) The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. (3) When the City mails a notice in accordance with this section to a property owner, lienholder, or registered agent and the United States Postal Service returns the notice as "refused" • T - 1. 11 1 1 Page 7 of 23 or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. SECTION 6. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-102 "Hearing before the Commission", which shall be and read as follows: § 7-102 HEARING BEFORE THE COMMISSION. (a) The commission may, after notice and hearing as provided by this chapter, declare a building or structure to be in violation of this article only if the building or structure is proven by a preponderance of the evidence to be: mfflc��.. (2) Substandard and a hazard to the public health, safety and/or welfare; (3) Unoccupied by its owners, lessees or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; (4) Boarded up, fenced or otherwise secured in any manner and; a. Constitutes a danger to the public even though secured from entry; or b. The means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building or structure by children or by vagrants or, other uninvited persons as a place of harborage. (5) A construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; or (6) A construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration; their vandalism, or their harborage of rodents or insects. (b) The commission may specify, in its written order: (1) A reasonable time, in compliance with this section, for the building or structure to be vacated, secured, repaired, removed or demolished by the owner; and (2) May specify a reasonable time for the owner to relocate the occupants and an additional reasonable time for any of the mortgagees or lienholders to take the ordered action in the event that the owner fails to comply with the order within the time provided for action by the owner-. Page 8 of 23 (c) In the event that the owner fails to comply timely with the order of the commission, the only notice the city needs to furnish to a mortgagee or lienholder of the failure is a copy of the order. (d) If the commission makes a finding under subsection (a) of this section, the commission shall order the owners, lienholders or mortgagees of the building or structure to within 30 calendar days: (1) Secure the building or structure from unauthorized entry; and/or (2) Repair, remove or demolish the building or structure, unless the owner, mortgagee or lienholder establishes at the hearing, by a preponderance of the evidence, that the work cannot reasonably be perfonned within 30 calendar days. (e) If the commission allows the owner, mortgagee or lienholder more than 30 calendar days to repair, remove or demolish the building or structure, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. (f) The commission shall not allow the owner, lienholder or mortgagee more than 90 calendar days to repair, remove or demolish the building or structure or fully perform all work required to comply fully with the order of the commission, unless the owner, lienholder or mortgagee: (1) Submits a detailed plan and time schedule for the work at the hearing; and (2) Establishes at the hearing that the work cannot reasonably be completed within 90 calendar days because of the scope and complexity of the work. (g) If the commission allows the owner, lienholder or mortgagee more than 90 calendar days to complete any part of the work required to repair, remove or demolish the building or stn,icture, the municipality shall require the owner, lienholder or mortgagee to regularly submit progress reports to the municipality to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the commission or the director to demonstrate compliance with the time schedule. (h) Within 10 calendar days after the date that the order is issued, the director shall: (1) File a copy of the order with the city secretary; (2) Publish in the official newspaper of the city a notice containing: a. The street address or legal description of the property; b. The date of the hearing; Page 9 of 23 c. A brief statement indicating the results of the order; and d. Instructions stating where a complete copy of the order may be obtained. (3) File a copy of the notice published pursuant to subsection (h)(2) above in the official public records of real property for the county in which the affected property is located. (i) The order shall be deemed issued and effective on the date the commission hears and decides the case. 0) The order shall be reduced to writing and signed by the chairperson of the commission, (k) After the hearing, the director shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building or structure, and to any known lienholder and mortgagee of the building or structure. (1) A hearing before the commission shall not be a bar against, or a prerequisite for, taking any other action against a violator. SECTION 7. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby farther amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", to add Section 7-102A "Hearing Before a Municipal Court", and Section 7-102B — "Civil Actions in Municipal Court", which shall be and read as follows: § 7-102A HEARING BEFORE A MUNICIPAL COURT. (a) A hearing under this section may be held before a municipal court. (b) The court may, after notice and hearing, as provided by this chapter, declare a building or structure to be in violation of this article only if the building or structure is proven by a preponderance of the evidence to be: xnm. �' . �' (2) Substandard and a hazard to the public health, safety and/or welfare; (3) Unoccupied by its owners, lessees or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; (4) Boarded up, fenced or otherwise secured in any manner and; a. Constitutes a danger to the public even though secured from entry; or �•—, - Ike Page 10 of 23 b. The means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building or structure by children or by vagrants or other uninvited persons as a place of harborage. (5) A construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; or (6) A construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration; their vandalism, or their harborage of rodents or insects. (c) The court may specify, in its written order: (1) A reasonable time, in compliance with this section, for the building or structure to be vacated, secured, repaired, removed or demolished by the owner; and (2) May specify a reasonable time for the owner to relocate the occupants and an additional reasonable time for any of the mortgagees or lienholders to take the ordered action in the event that the owner fails to comply with the order within the time provided for action by the owner. (d) In the event that the owner fails to comply timely with the order of the court, the only notice the city needs to furnish to a mortgagee or lienholder of the failure is a copy of the order. (e) If the court makes a finding under subsection (a) of this section, the court shall order the owners, lienholders or mortgagees of the building or structure to within 30 calendar days: (1) Secure the building or structure from unauthorized entry; and/or (2) Repair, remove or demolish the building or structure, unless the owner, mortgagee or lienholder establishes at the hearing, by a preponderance of the evidence, that the work cannot reasonably be performed within 30 calendar days. (f) If the court allows the owner, mortgagee or lienholder more than 30 calendar days to repair, remove or demolish the building or structure, the court shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. (g) The court shall not allow the owner, lienholder or mortgagee more than 90 calendar days to repair, remove or demolish the building or structure or fully perform all work required to comply fully with the order of the court, unless the owner, lienholder or mortgagee: (1) Submits a detailed plan and time schedule for the work at the hearing; and Ordinance No. 23577-03-2019 Page 11 of 23 (2) Establishes at the hearing that the work cannot reasonably be completed within 90 calendar days because of the scope and complexity of the work. (h) If the court allows the owner, lienholder or mortgagee more than 90 calendar days to complete any part of the work required to repair, remove or demolish the building or structure, the municipality shall require the owner, lienholder or mortgagee to regularly submit progress reports to the municipality to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the court or the director to demonstrate compliance with the time schedule. (i) Within 10 calendar days after the date that the order is issued, the City shall: (1) File a copy of the order with the city secretary; (2) Publish in the official newspaper of the city a notice containing: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the results of the order; and d. Instructions stating where a complete copy of the order may be obtained. (3) File a copy of the notice published pursuant to subsection (i)(2) above in the official public records of real property for the county in which the affected property is located. 0) The order shall be deemed issued and effective on the date the court hears and decides the case. (k) The order shall be reduced to writing and signed by the court. (1) After the hearing, the City shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building or structure, and to any known lienholder and mortgagee of the building or structure. (m) A hearing before the court shall not be a bar against, or a prerequisite for, taking any other action against a violator. § 7-102B CIVIL ACTION IN MUNICIPAL COURT. Pursuant to Texas Government Code Section 30.00005, the Fort Worth Municipal Court has civil jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances under Subsection B, Chapter 54, Texas Local Government Code. Page 12 of 23 SECTION S. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-103 "Civil Penalty", which shall be and read as follows: § 7-103 CIVIL PENALTY. (a) After the time to comply with an order of the commission or municipal court issued pursuant to § 7-102 or § 7-102A has lapsed, the commission or municipal court may bold a bearing on violations of the order and may assess a civil penalty against the property owner, in an amount not to exceed $1,000 per day per violation, or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10 per day per violation, if at the hearing the city proves: (1) The property owner was notified of the requirements of this article and the owner's need to comply with the requirements, and was notified of the commission's or municipal court's order; and (2) After notification, the property owner committed an act in violation of this article or failed to take an action necessary to bring the building or structure into compliance with this article and the order of the commission or municipal court. (b) In a proceeding under § 7-77.1 the building standards commission after notice and hearing may assess a civil penalty against the property owner, in an amount not to exceed $ 1,000 per day per violation, if at the hearing the city proves: (1) The property owner had actual notification of the requirements of the ordinance and the owner's need to comply with the requirements; and (2) After actual notification, the property owner committed an act in violation of this article or failed to take an action necessary to bring the property into compliance with the ordinance. (c) A determination made by the commission panel or municipal court constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty. (d) To enforce the civil penalty, the city secretary shall file with the Tarrant County district clerk a certified copy of the order of the commission panel or municipal court establishing the amount and duration of the civil penalty. (e) No other proof shall be required for a district court to enter final judgment on the penalty. Ordinance No. 23577-03-2019 Page 13 of 23 SECTION 9. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby :further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-104 "Work Performed by City", which shall be and read as follows: § 7-104 WORK PERFORMED BY THE CITY. (a) If the commission's or municipal court's order to vacate, secure, repair, remove or demolish the building or structure is not complied with within the allotted time, the director may vacate, secure, remove or demolish the building or structure, or relocate the occupants of the building or structure, at the city's expense. This subsection (a) does not limit the ability of a municipality to collect on a bond, letter of credit from a financial institution or guaranty from a third party or other financial guaranty. (b) The director may repair the building or structure only to the extent necessary to bring the building or structure into compliance with the minimum standards of this article, and only if the building or structure is a residential building or structure with ten or fewer dwelling units. The repairs shall not improve the building or structure to the extent that the building or structure exceeds minimum building standards. (c) After securing a building or structure as provided in subsection (a) above, the director may post a notice to vacate on or near the front door of the building or structure. The notice to vacate must be in substantially the following form: DO NOT OCCUPY This building or structure is in violation of the City Code of the City of Fort Worth. Occupancy is suspended until such time as the violations are corrected and approved by the Director of the City of Fort Worth code compliance department. It is a misdemeanor to occupy this building or structure or to remove or deface this notice. (d) In a proceeding under § 7-77.1 if the commission's order is not complied with within the allotted time, the director may act upon the order at the city's expense. Ordinance No. 23577-03-2019 Page 14 of 23 SECTION 10. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-105 "Assessment of Lien", which shall be and read as follows: § 7-105 ASSESSMENT OF LIEN. (a) If the city incurs expenses under § 7-104 the city may assess the expense on, and the city has a lien against, the property on which the building or structure was located. (b) If the commission or municipal court assesses a civil penalty under § 7-103, the city has a lien against the property on which the building or structure was located to secure payment of any civil penalty. (c) A lien may not be made on property protected as a homestead under the Texas Constitution except in a proceeding under § 7-77. 1. (d) The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. (e) The notice of the lien shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building or structure was located, the amount of expenses incurred by the municipality, and the balance due. (f) Except as provided by subsection (g) below, the city's lien to secure payment of a civil penalty or the costs of repairs, removal or demolition, is inferior to any previously recorded bona fide mortgage lien attached to the real property, if the mortgage lien was filed for record in the office of the county clerk of the county in which the real property is located before the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city's lien is superior to all previously recorded judgment liens. (g) If notice is given and the opportunity to relocate the occupants of the building or structure or to repair, remove or demolish the building or structure is afforded to each mortgagee and lienholder, the lien is a privileged lien subordinate only to tax liens. (h) Any civil penalty or expenses assessed by the city under this article shall accrue interest at the rate of 10% per annum from the date of the assessment until paid in full. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses and the civil penalty. Ordinance No. 23577-03-2019 Page 15 of 23 SECTION 11. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-106 "Additional Authority to Secure a Building or Structure", which shall be and read as follows: § 7-106 ADDITIONAL AUTHORITY TO SECURE A BUILDING OR STRUCTURE. (a) Without a prior hearing before the commission or municipal court, the director may secure a building or structure the director determines: (1) Is substandard and a hazard to the public health, safety and/or welfare; (2) Is unoccupied or is occupied only by persons who do not have a right of possession to the building or structure; (3) Whether the building or structure is a construction site where there has beer[ no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; and _ (4) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration, their vandalism, or their harborage of rodents or insects. (b) After securing a building or structure as provided in subsection (a) above, the director may post a notice to vacate on or near the front door of the building or structure. The notice to vacate must be in substantially the following form: DO NOT OCCUPY This building or structure is in violation of the City Code of the City of Fort Worth. Occupancy is suspended until such time as the violations are corrected and approved by the Director of the City of Fort Worth code compliance department. It is a misdemeanor to occupy this building or structure or to remove or deface this notice. (c) Before the eleventh calendar day after the date the building or structure is secured, the director must give notice to the owner by: (1) Personally, serving the owner with written notice; (2) Mailing such notice by certified mail, return receipt requested to the owner at the owner's last known post office address and shall be deemed to have been served three calendar Ordinance No. 23577-03-2019 Page 16 of 23 days after mailing; (3) Publishing the notice at least twice within a ten -calendar day period in the official newspaper of the city if personal service cannot be obtained and the owner's post office address is unknown; or (4) Posting the notice on or near the front door of the building or structure if personal service cannot be obtained and the owner's post office address is unknown, (d) The notice must contain: (1) An identification, which is not required to be a legal description, of the building or structure and the property on which it is located; (2) A description of the violation of the standards established by this article; (3) A statement that the director has secured the building or structure; and (4) An explanation of the owner's entitlement to request a hearing about any matter relating to the director's securing of the building or structure. (e) The commission or municipal court shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the director's securing of the building or structure, if within 30 calendar days after the date the director's secures the building or structure, the owner files a written request for a hearing with the director. The commission or municipal court shall conduct the hearing within 20 calendar days after the date the owner files a request for hearing. (f) The commission or municipal court will conduct the hearing in the manner provided for by this division. The issues to be determined in such hearing are: (1) Whether the building or structure was substandard, and a hazard to the public health, safety and/or welfare at the time it was secured; (2) Whether the building or structure, at the time it was secured, was unoccupied or was occupied only by persons who did not have a right to possession of the building or structure; (3) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; (4) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration, their vandalism, or their harborage of rodents or insects; and (5) Whether the expenses incurred by the city to secure the building or structure were Page 17 of 23 1 reasonable. (g) The city may assess expenses for securing a building or structure in the manner provided for in § 7-105 above. A lien is created under this section in the same manner as a lien is created in § 7-105, and is subject to the same conditions as a lien created under that section. SECTION 12. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-108 "Judicial Review", which shall be and read as follows: § 7-108 JUDICIAL REVIEW. (a) Any owner, lienholder or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission or municipal court issued under this article, may appeal the order by filing a verified petition in a Tarrant County civil district court. (b) The petition must be filed by an owner, lienholder or mortgagee within 30 calendar days after the mailing of the building standards commission or municipal court order. (c) If not timely appealed, the order of the building standards commission or municipal court becomes final as to the owners, lienholders and mortgagees upon the expiration of 30 calendar days after the mailing of the order. (d) If the building standards commission or municipal court ordered the subject property to be demolished, then the appeal to the district court shall be by trial de novo. Otherwise appeal to the district court shall be governed by the procedures outlined in Tex. Local Government Code Chapters 54 or 214. (e) Judicial review for proceedings under § 7-77.1. (1) The city shall publish an abbreviated copy of the order in a newspaper of general circulation within ten calendar days of the mailing of the order. The order shall include the following: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the content of the order; and d. Instructions stating where a complete copy of the order may be obtained. (2) A copy of the order shall be filed in the office of the city secretary. (3) If no appeal is taken from the decision of the building standards commission within the Ordinance No. 23577-03-2019 Page 18 of 23 required period, the decision of the building standards commission is, in all things, final and binding. (4) Any owner, lienholder or mortgagee of record jointly or severally aggrieved by a decision of the building standards commission may appeal the decision by filing a verified petition in Tarrant County civil district court. (5) A lienholder does not have standing to bring a proceeding under this subsection (e) on the grounds that the lienholder was not notified of the proceedings before the building standards commission or was unaware of the condition of the property, unless the lienholder had first appeared before the building standards commission and entered an appearance in opposition to the proceedings. (6) The petition must be presented within 30 calendar days after the date a copy of the final decision of the building standards commission is mailed by first class mail, certified receipt requested, to all owners, lienholders and mortgagees of record. (7) The appeal to the district court shall be governed by the procedures outlined in Tex. Local Government Code Chapter 54 or 214. SECTION 13. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 4 "Administrative and Civil Remedies", Section 7-109 "Preservation of Historic Properties", which shall be and read as follows: § 7-109 PRESERVATION OF HISTORIC PROPERTIES. (a) Prior to the issuance of notice for a hearing under § 7-102 or § 7-102Aof this article, -a hearing shall be conducted before the landmarks commission of the City of Fort Worth if the building or structure which is the subject of the hearing is: (1) Designated or pending designation as: a. Highly significant endangered property; b. Historic and cultural landmark; or c. Demolition delay. (2) Located in an area designated or pending designation as an historic and cultural landmarks district; and (3) Is not a single-family dwelling occupied by the owner. (b) The director may secure the structure from entrance until the requirements in subsection Ordinance No. 23577-03-2019 Page 19 of 23 (c) of this section are completed. (c) The landmarks commission shall review the condition of the building or structure to determine whether it can be reasonably rehabilitated and shall submit a written report of its findings and recommendations to the director within 60 calendar days from the date of the initial landmarks commission hearing. (d) If the landmarks commission determines that the building or structure cannot be rehabilitated, the director may proceed as provided in § 7-102 or §7-102A above, and the building standards commission or municipal court may order its demolition. (e) If the landmarks commission determines that the building or structure can be reasonably rehabilitated, the city may not permit the building or structure to be demolished for at least 90 calendar days after the date the report is submitted to the director. During this 90-calendar day period, the city's historic preservation officer, shall notify the building or structure's owner to afford the owner an opportunity to attempt to identify a feasible alternative use for the building or structure or to locate an alternative purchaser to rehabilitate and maintain the building or structure. (f) If the city is not able to locate the owner or if the owner does not respond within the 90- calendar day period, the director may proceed as provided by § 7-101, and the city may then file suit pursuant to Tex. Local Government Code § 214.003 for the appointment of a receiver. A receiver may not be appointed for a building or structure that is an owner -occupied single-family residence or that is zoned nonresidential and used in a nonresidential character. (g) The director may proceed as provided in § 7-10 1, and the building standards commission or municipal court may order the demolition of a building or structure, if after the expiration of the 90-calendar day period the city is not able to: (1) Identify a feasible alternative use for the building or structure; (2) Locate an alternative purchaser to rehabilitate and maintain the building or structure; or (3) Appoint a receiver for the building or structure as provided by Texas Local Government Code § 214.003. (h) An owner of a substandard building or structure declared to be in violation of this article is not liable for penalties related to the building or structure that accrue during the 90-calendar day period provided for disposition of historic property under this section. SECTION 14. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", to replace all references to "superintendent" with "director." Page 20 of 23 SECTION 15. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby farther amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards ("ode", Division I "In General", Section 7-68 "Definitions", to revise the definition of "Superintendent" to "Director", to revise the definition for "Nuisance", to eliminate "Director of City Services", to add the term "Improvements", and to revise the definition of "Structure" which shall be and read as follows: § 7-68 DEFINITIONS. DIRECTOR. The director of the code compliance department of the City of Fort Worth, or the director's duly authorized representative. NUISANCE. For the purposes of this code only, means: (1) Any public nuisance known at common law or inequity jurisprudence; (2) Any attractive NUISANCE which may prove detrimental to children, whether in a building or structure, on the premises of a building; or structure., or upon an unoccupied lot. This includes any abandoned swimming pools, spas, wells, shafts, basements or excavations; abandoned refrigerators or junked motor vehicles or motor vehicle parts; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors; (3) Whatever is dangerous to human life or is detrimental to health as determined by, the director; and (4) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings. IMPROVEMENT. Any structure or man-made object such as, but not limited to, the following examples: fences, flag poles, yard art, retaining walls, mailboxes, antenna, boat docks, signs and carports. STRUCTURE. That which is built or constructed, an edifice or building of any kind, an improvement, or any piece of work artificially built up or composed of parts joined together in some definite manner. SECTION 16. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 2 "Administration" Section 7-76(a) "Director" which shall be and read as follows: § 7-76 DIRECTOR. (a) There is hereby established in the department of code compliance, office of the director. The director is authorized to administer and enforce the provisions of this article. SECTION 17. That the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by Amending Chapter 7 "Buildings", Article IV "Minimum Building Standards", Division 3 "Administration" Section 7-93(h)(3) "Sanitation Standards" which shall be and read as follows: § 7-93(h)(3) SANITATION STANDARDS. (3) A landlord who furnishes commercial waste containers at a multifamily dwelling, for city or private collection services, shall cause such containers to be emptied a minimum of once every seven days. The director of the code compliance department, and his authorized representatives, may when necessary to safeguard the environment or the public health, safety or welfare, order a landlord: a. To empty the containers more often than weekly; b. To increase the number of commercial waste containers on their premises; and c. To increase the size of the commercial waste containers used on the premises. SECTION 18. This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, (2015), 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 19. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections 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 20. 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 Code of the City of Fort Worth, or any other ordinances of the City, that 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 21. Any person, firm, or corporation who knowingly, intentionally, or recklessly violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined an amount not exceeding two thousand dollars ($2,000) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 22. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code Section 52.013. SECTION 23 All other provisions of the Code of the City of Fort Worth, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 24. This ordinance shall take effect upon adoption and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: Christopher�K. Austria Assistant City Attorney ADOPTED: March 19,2019 EFFECTIVE: ' Ma')ry"J. Ka e City Secretary City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/5/2019 - Ordinance No. 23577-03-2019 DATE: Tuesday, March 5, 2019 REFERENCE NO.: **G-19499 LOG NAME: 23AMEND MIN BUILDING STANDARDS CODE SUBJECT: Adopt Ordinance Amending Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", of the Code of the City of Fort Worth Texas (2015) to add Provisions Relating to the Hearing of Building Standards Cases in Municipal Court and the Building Standards Commission in Accordance with State Laws (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance amending Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", of the Code of the City of Fort Worth Texas (2015); 2. Add provisions relating to the hearing of building standards cases in Municipal Court and the Building Standards Commission; 3. Provide concurrent jurisdiction for the Municipal Court with state district and county courts .at law for proceedings under Subchapter B, Chapter 54, Texas Local Government Code; and 4. Eliminate, add, and revise certain terms and definitions in order to ensure that the ordinance can be interpreted and applied properly in accordance with State Laws. DISCUSSION: Chapter 7 "Buildings", Article IV "Minimum Building Standards Code" establishes minimum standards for the continued use and occupancy of buildings structures within the City of Fort Worth. It provides for a Building Standards Commission, hearings to determine a public nuisance on a property and if buildings are substandard, and civil and criminal remedies, On March 23, 1999, (M&C G-12512) the City Council adopted Ordinance No. 13743, which established procedures for handling cases that are submitted to the Building Standards Commission. City staff is currently limited in the amount of substandard building cases and nuisance cases they can present to the Building Standards Commission. The majority of the substandard building and nuisance cases that are presented to the Building Standards Commission are structures and properties that require immediate action to protect public health and safety. Many other structures and properties that require a Building Standards Commission order, yet do not require immediate action, are delayed because of the amount of cases that are pending. Code Compliance is recommending amending portions of Chapter 7 "Buildings", Article IV "Minimum Building Standards Code" to allow hearings of substandard building cases to also be conducted in the municipal court, which is permitted under Chapter 214 of the Texas Local Government Code. Amending the ordinance would permit the City to continue to present substandard building cases and public nuisance cases to the Building Standards Commission and concurrently allow the City to present substandard building cases to the municipal court. The proposed amendments would also allow the City to bring a civil action under Chapter 54 of the Texas Local Government Code to the municipal court and seek injunctive relief and civil penalty for violations of the City's Minimum Building Standards Code and http://apps2.cfwnet.org/ecouncil/printmc.asp?id=26751 &print=true&DocType=preview&pa... 3/6/2019 ordinances related to nuisances. The City would be able to present and process more cases by having an additional venue. The proposed amendments also clarify the organizational structure within the Code Compliance Department, revise certain filing and publishing of Building Standards Commission orders to adhere to state law, remove certain notice requirements to City Council in order to increase owner compliance, and remove the requirement of ex officio members being present which allows for more efficient use of City staff time. The proposed amendments also seek to eliminate, add, and revise certain terms and definitions in order to ensure that the ordinance can be interpreted and applied properly in accordance with State law. By adopting these amendments, the Code Compliance Department can operate more effectively by a reduced administrative burden and additional venues for enforcement in municipal courts. This would improve the timely and efficient enforcement and administration of the Minimum Building Standards Code and ordinances related to public nuisances, health, safety, and welfare. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the proposed changes will have no material effect on City funds. FUND IDENTIFIERS (FIDsJ: TO ID ID g ivity Budget Reference # mounj Fund Department ccoun Project Pro ram ct Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # 6 ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Deraartment Head: Additional Information Contact: Valerie Washington (6199) Brandon Bennett (6345) Shannon Elder (6326) Ben Carson (6336)