HomeMy WebLinkAboutOrdinance 12931 ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF APPENDIX B,
ARTICLE 11, "CODE ENFORCEMENT," PROVIDING FOR THE
AUTHORITY OF THE CODE COMPLIANCE DIVISION, PROVIDING
DEFINITIONS; PROVIDING THAT GRASS AND WEEDS IN EXCESS OF
TWELVE INCHES ARE A NUISANCE, PROVIDNG EXCEPTIONS, AND
PROVIDING FOR NOTICE, ABATEMENT AND THE ASSESSMENT OF
EXPENSES AND LIENS FOR REMEDIATION; PROVIDING FOR THE
DECLARATION OF CERTAIN CONDITIONS TO BE NUISANCES,
PROVIDING FOR THE NOTICE AND ABATEMENT OF NUISANCES AND
THE ASSESSMENT OF EXPENSES AND LIENS FOR REMEDIATION;
DECLARING GRAFFITI TO BE A NUISANCE, PROVIDING FOR NOTICE
AND THE ABATEMENT OF GRAFFITI AND PROVIDING FOR THE
ASSESSMENT OF EXPENSES AND LIENS FOR REMEDIATION;
PROVIDING CRIMINAL AND CIVIL REMEDIES; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A FINE OF UP TO $2,000 FOR EACH OFFENSE IN
VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the
amendment of Appendix B, Article 11, "Code Enforcement," by renaming such Article "Code
Compliance," and amending it in its entirety so that hereafter said Article shall read as
follows:
"ARTICLE II. CODE COMPLIANCE
DIVISION 1. GENERALLY
Section 11A-6. Authorization.
The Director of City Services and all duly authorized employees of the Code
Compliance Division shall have the authority to enforce provisions of the City
Code relating to zoning, multi family dwellings, minimum building standards,
nuisance, environmental, and health, according to specific procedures set
forth in said Code chapters and ordinances, including but not limited to:
(a) Chapter 7, Article IV(minimum building standards);
(b) Chapter 7, Article IX (registration and inspection of multi family
dwelling complexes;
(c) Chapter 12.5, Article VIII (solid waste and recycling);
(d) Chapter 22, section 22-160 (parking of vehicles in front and side
yards);
(e) Chapter 22, Article IX (junked vehicles);
(f) Appendix A(Comprehensive Zoning Ordinance);
(g) Appendix B, Chapter 11A(Department of City Services).
Section 11A-7. Definitions.
Alley. A street that is not used primarily for through traffic and which provides
access to rear entrances of buildings or lots along a street.
Animal. Any living, domestic, vertebrate creature, other than Homo sapiens.
Composting. The controlled biological decomposition through microbial activity of
compatible organic wastes that have been diverted from the solid waste stream for
conversion into soil amendment or mulch.
Director. The Director of City Services for the City of Fort Worth or the
director's authorized representative.
Ectoparasites. Bedbugs, lice, and mites.
Solid waste. Any garbage, rubbish, recyclables, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control facility,
and other discarded material including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, municipal, commercial, mining,
_. and agricultural operations, and from community and institutional activities,
but does not include:
(a) Solid or dissolved material in domestic sewage, or solid or dissolved
material in irrigation return flows, or industrial discharges subject to
regulation by permit issued pursuant to the Texas Water Code,
Chapter 26;
(b) Soil, dirt, rock, sand, and other natural or man-made inert solid
materials used to fill land if the object of the fill is to make the land
suitable for the construction of surface improvements; or
(c) Waste materials which result from activities associated with the
exploration, development, or production of oil and gas and are subject
to control by the Railroad Commission of Texas.
Street. The width between the boundary lines of a publicly maintained way,
part of which is designed for vehicular traffic.
Unauthorized. Without the permission of the owner or the person in control
of property, whether public or private.
Vector. An animal or insect that transmits a disease-producing organism.
DIVISION 2. HIGH WEEDS AND GRASS
Section 11A-8. High Weeds and Grass Prohibited.
(a) Any property upon which weeds or grass exceed an average of twelve
(12) inches in height, is hereby declared to be a nuisance.
(b) A person commits an offense if the person owns, occupies, or controls
any real property upon which weeds or grass exceed an average of
twelve (12) inches in height.
(c) A person commits an offense if the person owns, occupies, or controls
any real property and fails to maintain the parkway adjacent to the
property free of weeds and grass that exceed an average of twelve
(12) inches in height.
Garbage. Means putrescible animal and vegetable waste materials and / or
residue from the handling, preparation, cooking, or consumption of food,
including waste materials from markets, storage facilities, and the handling
and sale of produce and other food products.
Graffiti. Any unauthorized inscription, word, signature, symbol, design, or
other marking of any sort which is etched, written, painted, drawn, or applied
in any other way to any structure, building, fence, wall, roadway, sidewalk, or
any property of any sort or to any portion or element thereof, whether the
property is public or private.
Owner. Any person who is the owner of record to any real property, or any
person having or claiming to have any legal or equitable interest in real or
personal property.
Parkway. The unimproved portion of any street, between the roadway and
the private property line
Person means any individual, partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any
other legal entity; or their legal representatives, agents, or assigns. This
definition includes all Federal, State, and local governmental entities
Putrescible Waste. Organic waste such as garbage and grease trap waste
that is capable of being decomposed by microorganisms with sufficient
rapidity as to cause odors or gases or is capable of providing food for or
attracting birds, animals, and vectors.
Recyclables. Materials which have been recovered or diverted from the solid
waste stream for purposes of reuse, recycling, or reclamation.
Recycling Facility. A facility in which recyclables are collected or removed
from the waste stream for transport off-site for recycling.
Right-of-way. Any street, roadway, alley, sidewalk, or other property upon
which the public has the right to travel by-foot or by vehicle.
Rubbish. Non-putrescible solid waste, excluding ashes, that consists of
combustible waste materials, including paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, and similar materials; or
noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture, and similar materials that do not burn at
ordinary incinerator temperatures (1600 OF to 1800 OF).
(d) In a prosecution or other enforcement action of subsections (a) or (b)
above, it is an exception that the real property was a lot, tract, or
parcel of land of two or more acres under common ownership and the
high grass or weeds was.no closer than one hundred (100)feet to:
(1) any adjacent street; or
(2) any structure or other improvement on any adjacent property
owned by another person.
(e) The provisions of this section apply to real property located within the
City of Fort Worth.
Section 11A-9. Abatement of High Weeds or Grass.
(a) The Director is hereby authorized to give notice to the owner of any
property upon which high grass and weeds exist to abate the
nuisance.
(b) If the owner of the property does not comply with an abatement notice
issued by the Director within 10 days after the date the notice is
received, the Director may:
(1) enter the property and do or cause to be done the work
required to abate the nuisance; and
(2) pay for the work done and charge the expenses to the owner of
the property.
(c) The notice must be given:
(1) personally to the owner in writing;
(2) by letter addressed to the owner at the owner's post office
address; or
(3) if personal service cannot be obtained or the owner's post
office address is unknown:
A. by publication at least twice within 10 consecutive days;
B. by posting the notice on or near the front door of each
building on the property to which the violation relates; or
C. by posting the notice on a placard attached to a stake
driven into the ground on the property to which the
violation relates, if the property contains no buildings.
(d) Notice will be deemed to have been received:
(1) for personal service, as of the date the notice was given
personally to the owner;
(2) for mailed notice, three days after it was mailed;
(3) for notice by publication, on the date that the last notice was
published in the official newspaper; or
(4) for notice by posting, ten (10) days after notice was posted.
(e) The Director in the notice of a violation may inform the owner by
certified mail, return receipt requested, that if the owner commits
another violation of the same kind or nature that poses a danger to the
public health and safety on or before the first anniversary of the date
of the notice, the City without further notice may correct the violation at
the owner's expense and assess the expense against the property.
(f) If a violation covered by a notice under subsection (e) occurs within
the one-year period, and the Director has not been informed in writing
by the owner of an ownership change, then the City without notice
may take any action permitted by Subsections (a)(1) and (2) and
assess its expenses as provided by Section 11 A-11.
Section 11A-10. Abatement of Weeds or Grass in Excess of 48
Inches.
(a) The Director may abate, without notice, weeds or grass that:
(1) have grown higher than 48 inches; and
(2) are an immediate danger to the health, life, or safety of any
person.
(b) Not later than the I dh day after the date the Director abates weeds or
grass under this section, the Director shall give notice to the property
owner in the manner required by Section 11A-9.
(c) This notice shall contain:
(1) an identification, which is not required to be a legal description,
of the property;
(2) a description of the violations that occurred on the property;
(3) a statement that the City abated the weeds or grass- and
(4) an explanation of the property. owner's right to request an
administrative hearing about the City's abatement of weeds or
grass.
(d) The Director shall conduct an administrative hearing on the abatement
of weeds or grass under this section if, not later than the 3dh day after
the date of the abatement of the weeds, the property owner files with
the Director a written request for a hearing.
(e) An administrative hearing conducted under this section shall be
conducted not later than the 2dh day after the date a request for a
hearing is filed. The owner may testify or present any witnesses or
written information relating to the City's abatement of the weeds.
(f) The Director may assess expenses and create liens under this, section
in accordance with section 11A-11.
Section 11A-11. Assessment of Expenses; Lien
(a) All expenses incurred by the City to abate high grass or weeds,
including the cost of giving notice as required, shall initially be paid by
the City and charged to the owner of the property.
(b) To obtain a lien against the property,the Director shall file a statement
of expenses with the County Clerk for the county in which the property
is located. The lien statement shall state the name of the owner, if
known, and the legal description of the property. The lien attaches
upon the filing of the lien statement with the county clerk.
(c) The lien shall be security for the expenditures made and interest
accruing at the rate of ten (10) percent per annum on the amount due
from the date of payment by the City.
(d) The lien is inferior only to:
(1) tax liens; and
(2) liens for street improvements.
(e) A lien may not be filed against real estate protected by the homestead
provisions of the Texas Constitution."
DIVISION 3. NUISANCES
Subdivision A. Generally
Section 11A-17. Purpose.
The purpose of this subdivision is to define as nuisances within the.City of
Fort Worth, certain conditions which are detrimental to the health and safety
of persons or property or which are detrimental to the senses. The conditions
made unlawful by this subdivision are hereby declared to be nuisances.
Section 11A-18. Accumulations of Animal Feces and Urine.
(a) A person commits an offense if the person owns or is in control of any
property upon which the feces or urine of any animal is accumulating
in an unsanitary manner or in a manner that creates an unreasonable
or noxious odor in a public place.
(b) It is an affirmative defense to prosecution under this section that the
animal waste was a deposit of manure made upon private property for
the purpose of land cultivation, and the deposit was maintained so as
to prevent the breeding of flies and other vectors.
Section 11A-19. Keeping of Swine.
(a) A person commits an offense if the person knowingly keeps swine
within the City.
(b) It is an exception to a prosecution under subsection (a) that the swine
were:
(1) being kept for processing in a slaughterhouse;
(2) being kept for exhibition for a period not exceeding twenty-one
(21) days in connection with agricultural expositions or fairs; or
(3) individual swine being kept for sale, for a period not exceeding
fourteen (14) days, within the boundaries of the Fort Worth
Stockyards located at 131 East Exchange Street.
(c) It is an affirmative defense to. prosecution under subsection.(a) that
the swine is a "miniature swine as defined by Chapter 6, "Animals
and Fowl," of the City Code, and is being kept in compliance with that
chapter.
(d) A person commits an offense if the person keeps or permits to be kept
any pig pen, lot, stable, yard, shed, sty, or other place for keeping
swine, in a manner that creates an unreasonable or noxious odor and
which
(1) causes material distress, discomfort, or injury to persons of
ordinary sensibilities in the immediate vicinity thereof; or
(2) interferes with the comfortable enjoyment of private homes by
persons of ordinary sensibilities.
Section IIA-20. Distance Requirements for Kennels; Number of
Dogs and Cats at Residences.
(a) A person commits an offense if the person constructs or maintains any
dog kennel within three hundred (300) feet of a structure which is
designed or used as a habitation and which is located on another
person's property.
(b) A person commits an offense if the person constructs or maintains any
dog or cat kennel closer than one hundred (100) feet from premises
which are zoned as residential or which are used for residential
purposes.
(c) In this section, the term kennel shall mean:
(1) any building, lot, or premises where four (4) or more dogs or
cats (at least eight (8) weeks of age) are kept. This shall not
include residentially zoned premises or premises which are
used for residential purposes, at which the occupant is keeping
his or her own dogs or cats; or
(2) any building, lot, or premises where dogs or cats are housed or
accepted for boarding, for which remuneration is received.
(d) Distances in subsection (b) above shall be measured as follows:
(1) For the purpose of subsection (b)(1), above, measurement of
the three hundred (300) foot distance shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of an existing habitation to the nearest
portion of the kennel.
(2) For the purpose of subsection (b)(2), above, measurement of
the one hundred (100)foot distance shall'be made in a straight '
line, without regard to intervening structures or objects, from
the nearest portion of the property line of a residentially zoned
property or premises used for residential purposes, to the
nearest portion of the kennel.
(e) A person commits an offense if the person keeps, houses, or
maintains more than three dogs or three cats at the person's
residence without a valid permit issued by the Department of Health to
do so.
(f) A person commits an offense if the person has a valid permit issued
by the Department of Health to keep, house, or maintain more than
three dogs or three cats at the person's residence, and keeps,
houses, or maintains more dogs or cats at the residence than allowed
by the permit.
Section 11A-21. Keeping of Cattle, Horses, Sheep, Goats, Emus,
Ostriches, and Rheas.
(a) In this section, "regulated animal" means any horse, mule, donkey, or
other member of the equine family; any cow, calf, steer, bull, or other
member of the bovine family; any sheep, ram, ewe,, Iamb; any goat,
billy, nanny, or kid; or any emu, ostrich, or rhea.
(b) A person commits an offense if the person knowingly keeps,
possesses, or maintains any regulated animal on any parcel of land
unless such parcel has a minimum area of seven thousand five
hundred (7,500) square feet for one regulated animal, and seven
thousand five hundred (7,500) additional square feet for each
additional regulated animal.
(c) A person commits an offense if the person keeps, possesses, or
maintains any regulated animal within one hundred (100)feet of any:
(1) residence or building used for human habitation, other than the
person's habitation;
(2) restaurant, cafe, or eating establishment; or
(3) church, school, or hospital.
(d) If a regulated animal is kept in or confined by any building or structure,
such as a stable, barn, shed, pen, or fence, the 100-foot distance
required by subsection (c) shall be measured in a straight line from
the nearest point of such building or structure to the nearest point of
such residence or building used for human habitation, restaurant,
cafe, or other eating establishment, or church, school, or hospital.
Section 11A-22. Keeping of Chickens, Fowl, Rabbits and Guinea
Pigs.
(a) In this section "regulated animal" means any rabbit, guinea pig,
pigeon, chicken, turkey, goose, duck, pea fowl, or other fowl.
(b) A person commits an offense if the person knowingly keeps,
possesses, or maintains any regulated animal in any pen, enclosure,
or other structure, within fifty (50)feet of any
(1) residence or building used for human habitation, other than the
person's habitation; or
(2) church, school, hospital, convalescent home, or nursing home.
(c) The 50-foot distance established by subsection (b) shall be
measured in a straight line from the nearest point of any pen,
enclosure, or other structure in which the regulated animal is being
kept, to the nearest point of the residence, church, school,
convalescent home, or nursing home.
(d) A person keeping, possessing, or maintaining any regulated animals
commits an offense if the person fails to:
(1) collect the animals' wastes daily in a rat-proof and fly-tight
container or receptacle;
(2) store wastes collected pursuant to subsection (d)(1) in a closed
fly-proof and rat-proof container, and in a manner that prevents
the escape of odors from the container; and
(3) dispose of wastes collected pursuant to subsection (d)(1) at
least once each week in a manner that prevents the breeding
of flies.
Section 11A-23. Discharge of Liquid Waste.
(a) No person shall deposit or allow to accumulate on private property, or
discharge from any place onto private or public property in the City
any human or animal liquid waste, foul water, or any noxious liquid
waste.
(b) A person commits an offense if the person violates subsection (a).
(c) The application of this section does not include discharges to the
City's municipal separate storm sewer system (MS4), which are
regulated by the City's Environment Code.
Section 11A-24. Miscellaneous Sanitation Nuisances.
(a) A person commits an offense if the person owns or is in control of
property that contains a pond, pool, or container holding
unwholesome, impure, or offensive water that creates an
unreasonable and noxious odor in a public place or that is detrimental
to the health of humans.
(b) A person commits an offense if the person owns or is in control of
property which contains any drain, ditch, tank or gutter that is
maintained in such a manner that creates an unreasonable and
noxious odor in a public place or that is detrimental to the health of
humans.
(c) A person commits an offense if the person owns or is in control of
property which has an overflowing septic tank or has sewage leaking
from any pipes onto the premises.
(d) A person commits an offense if the person owns or is in control of
property that contains a condition or place that is a breeding ground
for rats.
(e) A person commits an offense if the person owns or is in control of
property that contains a collection of water that is a breeding place for
mosquitoes.
(1) breeds or allows the harborage of vectors; or
(2) creates an unreasonable and noxious odor in a public place.
(o) In a prosecution of subsections 0), (k), or (1), if is an exception that the
property was a solid waste facility regulated by the Texas .Natural
Resource Conservation Commission or was a recycling facility.
I IA-25. Clotheslines in Front Yards and on Front Porches.
A person commits an offense if the person places or maintains a clothesline
in the front yard or on the front porch of any dwelling of any lot or parcel of
land which is zoned "A" One-Family, "A-R" Residential, "B" Two-Family, or
"R-1" Residential, under the Comprehensive Zoning Ordinance.
I IA-26. Storage of Discarded, Used, and Broken Items.
(a) A person commits an offense if the person accumulates or allows the
accumulation on any property of any:
(1) Broken, inoperable, or discarded household furnishings,
appliances, machines, tools, boxes and . cartons, lawn
maintenance equipment_, play equipment, toys, and similar
items;
(2) Used or discarded building materials;
(3) Materials or items stored on rooftops or porches of buildings
when visible from the public right-of-way or neighboring
property;
(4) Factory or mill wastes;
(5) Damaged merchandise;
(6) Wet, broken, or leaking barrels, casks, or boxes;
(7) Used, discarded, or broken automotive parts or equipment; or
(8) Any other materials which tend by decay to become putrid or to
provide harborage for rodents and other vectors.
(b) It is defense to prosecution of subsection (a) that the person was
engaged in the business of dealing in junk, and was in compliance
(f) A person commits an offense if the person owns or is in control of
property that contains a condition or place that is a breeding ground
for flies or cockroaches.
(g) A person commits an offense if the person owns or is in control of a
place where sleeping accommodations are offered to the public where
ectoparasites suspected to be disease carriers are present.
(h) A person commits an offense if the person operates or causes the
operation of a vehicle or container used to transport garbage, human
excreta, or other organic material, when such vehicle or container
allows the leaking or spillage of its contents.
(i) A person commits an offense if the person owns or is in control of
property and accumulates or allows the accumulation of garbage on
the property in a manner that creates an unreasonable and noxious
odor in a public place, that provides a breeding ground or harborage
for vectors, or that is detrimental to the health of humans.
(j) A person commits an offense if the person owns or is in control of
property and accumulates or allows the accumulation of any solid
waste or recyclables upon the property except in solid waste
containers of a type approved by the Director of City Services.
(k) A person commits an offense if the person owns or is in control of
property and accumulates or allows the accumulation of solid waste or
recyclables upon the property in any leaking or unsecured solid waste
containers.
(1) A person commits an offense if the person owns or is in control of
property and accumulates or allows the accumulation of solid waste or
recyclables upon the property, even in approved containers, for a
period in excess of one week.
(m) A person commits an offense if the person owns or is in control of
property and accumulates or allows the accumulation of materials in a
composting pile or bin on such property in a manner that:
(1) breeds or allows the harborage of vectors; or
(2) creates an unreasonable and noxious odor in a public place.
(n) A person commits an offense if the person owns or is in control of
property and accumulates or allows the accumulation of recyclables
on such property in a manner that:
with the comprehensive zoning ordinance and all other applicable
provisions of the City Code relating to junk dealers.
Sections 11A-27 through 11A-51 reserved.
"Subdivision B. Abatement
Section 11A-52. Nuisance Abatement Order.
(a) The Director is hereby authorized to give notice to the owner of any
property upon which a nuisance under this Division exists to abate the
nuisance.
(b) If the owner of the property does not comply with an abatement notice
issued by the Director within 10 days after the date the notice is
received, the Director may:
(1) enter the property and do or cause to be done any work or
improvements required to abate the nuisance; and
(2) pay for the work or improvements done and charge the
expenses to the owner of the property.
(c) The notice must be given:
(1) personally to the owner in writing;
(2) by letter addressed to the owner at the owner's post office
address; or
(3) if personal service cannot be obtained or the owner's post
office address is unknown:
A. by publication at least twice within 10 consecutive days;
B. by posting the notice on or near the front door of each
building on the property to which the violation relates; or
C. by posting the notice on a placard attached to a stake
driven into the ground on the property to which the
violation relates, if the property contains no buildings.
(d) Notice will be deemed to have been received:
(1) for personal service, as of the date the notice was given
personally to the owner;
(2) for mailed notice, three days after it was mailed;
(3) for notice by publication, on the date that the last notice was
published in the official newspaper; or
(4) for notice by posting, ten (10) days after notice was posted.
(e) The Director in the notice of a violation may inform the owner by
certified mail, return receipt requested, that if the owner commits
another violation of the same kind or nature that poses a danger to the
public health and safety on or before the first anniversary of the date
of the notice, the City without further notice may correct the violation at
the owner's expense and assess the expense against the property.
(f) If a violation covered by a notice under subsection (e) occurs within
the one-year period, and the Director has not been informed in writing
by the owner of an ownership change, then the City without notice
may take any action permitted by Subsections (b)(1) and (2).
(g) If a nuisance presents an immediate danger to the health, life, or
safety of any person or to the environment, the Director may, without
complying with the notice provisions of this Section or without waiting
the ten-day period, enter the subject property and:
(1) do or cause to be done any work or improvements necessary
to abate the nuisance and remediate and restore the
environment; and
(2) pay for the work or improvements done and charge the
expenses to the owner of the property.
Section 11A-53. Hearing After Abatement Without Notice.
(a) Not later than the 1 dh day after the date the Director abates a
nuisance without prior notice under Section 11A-52(g), the Director
shall give notice to the property owner in the manner required by
Section 11 A-52.
(b) This notice shall contain:
(1) an identification, which is not required to be a legal description,
of the property;
Sections 11A-55 through 11A-89 Reserved.
DIVISION 4. GRAFFITI
Section 11A-90. Graffiti Declared a Nuisance.
(a) The City Council hereby finds that graffiti that is visible from a public
place, public right-of-way, or the property of others:
(1) is detrimental to the safety and welfare of the public;
(2) tends to reduce the value of private property;
(3) invites vandalism, additional graffiti, and other criminal
activities; and
(4) produces urban blight adverse to the maintenance and
continuing development of the City of Fort Worth.
(b) The presence of graffiti on property where it is visible from a public
place, public right-of-way, or from another person's property is
therefore declared to be a nuisance.
Section 11A-91. Failure to Remove Graffiti.
(a) A person commits an offense if the person is the owner of property
and knowingly fails to remove, or knowingly fails to cause the removal
of, graffiti from the property, when the graffiti is visible from:
(1) a public place;
(2) public right-of-way; or
(3) another person's property.
(b) It is an affirmative defense to prosecution under this section that after
receiving notice pursuant to Section 11A-92, and prior to receiving the
citation, the person requested the City's assistance in abating the
graffiti, and the City made no offer of free paint and/or labor for the
purpose of removing or covering the graffiti.
(2) a description of the violations that occurred on the property;
(3) a statement that the City abated the nuisance; and
(4) an explanation of the property owner's right to request an
administrative hearing about the City's abatement of the
nuisance.
(c) The Director shall conduct an administrative hearing on the abatement
of the nuisance under this section if, not later than the 3dh day after
the date of the abatement of the nuisance, the property owner files
with the Director a written request for a hearing.
(e) An administrative hearing conducted under this section shall be
conducted not later than the 2dh day after the date a request for a
hearing is filed. The owner may testify or present any witnesses or
written information relating to the City's abatement of the nuisance.
Section 11A-54. Assessment of Expenses; Lien.
(a) All expenses incurred by the City to abate a nuisance, including the
cost of giving notice as required, shall initially be paid by the City and
charged to the owner of the property.
(b) To obtain a lien against the property, the Director shall file a statement
of expenses with the County Clerk for the county in which the property
is located. The lien statement shall state the name of the owner, if
known, and the legal description of the property. The lien attaches
upon the filing of the lien statement with the county clerk.
(c) The lien shall be security for the expenditures made and interest
accruing at the rate of ten (10) percent per annum on the amount due
from the date of payment by the City.
(d) The lien is inferior only to:
(1) tax liens; and
(2) liens for street improvements.
(e) A lien may not be filed against real estate protected by the homestead
provisions of the Texas Constitution.
Section I IA-92. Notice and Abatement.
(a) The City must notify the property owner of a violation of this article,
and must give the owner the opportunity to remove the graffiti before:
(1) issuing a citation for a violation of Section 11 A-91; or
(2) entering the property and doing the work necessary to abate
the nuisance.
(b) Notice must be given:
(1) in writing and delivered to the owner in person;
(2) by letter addressed to the owner at the owner's post office
address, and sent certified mail, return receipt requested; or
(3) if personal service cannot be obtained or the owner's post
office address is unknown:
A. by publication at least twice within ten (10) consecutive
days;
B. by posting the notice on or near the front door of each
building on the property to which the violation relates; or
C. by posting the notice on a placard attached to a stake
driven into the ground on the property to which the
violation relates, if the property contains no buildings.
(c) Notice will be deemed to have been received:
(1) for personal service, as of the date the notice was given
personally to the owner;
(2) for mailed notice, three days after it was mailed;
(3) for notice by publication, on the date that the last notice was
published in the official newspaper; or
(4) for notice by posting, ten (10) days after notice was posted.
(d) A citation for a violation of Section 11 A-91 may be issued on or after
fourteen (14) calendar days from the date notice is deemed received.
(e) If the owner does not comply with this Article by the fourteenth (14th)
calendar day after notice is deemed received, the City may enter the
property and do all work necessary to abate the graffiti.
— (f) If the City does the abatement work pursuant to subsection (e), it shall
initially pay for the work done, and shall charge the expenses to the
owner of the property.
(g) A property owner shall be granted a seven (7) day extension to
complete the graffiti abatement, if the owner notifies the Director in
writing that more time is required. The request for an extension must
be received by the Director prior to the expiration of the fourteen (14)
day period.
Section 11A-93. Assessment of Expenses; Lien.
(a) The City may assess expenses incurred by the City for the abatement
of graffiti pursuant to Section 11A-92 against the real property on
Mich the work was done.
(b) To obtain a lien against the property, the Director must file a statement
of expenses with the county clerk of the County in which the property
is located.
(c) The lien is security for the expenditures made and interest accruing at
the rate of ten (10) percent per annum on the amount due from the
date of payment by the City.
(d) The lien is inferior only to:
(1) tax liens; and
(2) liens for street improvements.
(e) A lien may not be filed against real estate protected by the homestead
provisions of the Texas Constitution.
Section 11A-94. Penalty.
An offense as defined under this Division is a misdemeanor punishable by a
fine not to exceed $500.00. Each separate occurrence of a violation or each
day that a violation continues shall constitute a separate offense."
(1) prohibits any conduct that violates any provision of this chapter
that relates to any matter specified in subsection (a) above; or
(2) compels the specific performance of any action that is
necessary for compliance.with_any provision of this chapter that
relates to any matter specified in subsection (a) above.
(c) Pursuant to Section 54.017 of the Texas Local Government Code, the
City may recover a civil penalty of not more than $1,000 per day for
each violation of any provision of this chapter that relates to any
matter specified in Subsection (a), if the City proves that:
A. the defendant was actually notified of the provisions of the
chapter; and
B. after the defendant received notice of the chapter provisions,
the defendant committed acts in violation of the chapter or
failed to take action necessary for compliance with the chapter.
C. The City may also institute suit to recover the cost of any actual
damages incurred by the City, and any costs of response,
remediation, abatement, and restoration incurred by the City as
allowed under state or federal laws, or at common law.
D. In determining the amount of civil liability, the court should take
into account all relevant circumstances, including, but not
limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit
gained through the violation, corrective actions by the violator,
the compliance history of the violator, and any other factors as
justice requires."
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.
SECTION 3.
Sections 11A-95 through 11A-99 Reserved.
DIVISION 5. ENFORCEMENT
Section 11A-100. Criminal Remedies.
(a) Unless otherwise provided, an offense under this chapter is a
misdemeanor punishable by a fine not to exceed $2,000.00. Each
separate occurrence of a violation or each day that a violation
continues shall constitute a separate offense.
(b) If an offense defined under this chapter does not include a culpable
mental state, then one is not needed and the offense shall be one of
strict liability.
Section 11A-101. Civil Remedies.
(a) The City may invoke Sections 54.011 - 54.017 of the Texas Local
Government Code and petition the state district court or the applicable
county court at law, through the City Attorney, for either injunctive
relief, civil penalties, or both injunctive relief and civil penalties,
whenever it appears that a person has violated, or continues to
violate, any provision of this chapter that relates to:
(1) the preservation of public safety, relating to the materials or
methods used in construction of any structure or improvement
of real property;
(2) the preservation of public health or to the fire safety of a
building or other structure or improvement;
(3) dangerously damaged or deteriorated structures or
improvements; or
(4) conditions caused by accumulations of refuse, vegetation, or
other matter that creates breeding and living places for insects
and rodents.
(b) Pursuant to Section 54.016 of the Texas Local Government Code, the
City may obtain against the owner or the operator of a facility, a
temporary or permanent injunction, as appropriate, that:
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.
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 fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5.
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 in Section 1, 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 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Section 4 of this ordinance for two (2) days in the official newspaper of the City
of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of
Fort Worth, Texas, and by Section 52.013, Texas Local Government Code.
SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as
required by law.
AP OVED AS TO RM ND,L GALITY:
ASSISTANT
ICITYA ORNEY
DATE: 2, L z"
ADOPTED:
EFFECTIVE: I I
J
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
03/25/97 G-11832 21 CODE 1 of 1
SUBJECT AMENDMENT OF THE CODE OF THE CITY OF FORT WORTH, APPENDIX B, ARTICLE
II, "CODE ENFORCEMENT"
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance revising the Code of the
City of Fort Worth, Appendix B, Article II, "Code Enforcement."
DISCUSSION:
The amendment updates and clarifies language. It renames Code Enforcement to Code
Compliance. It gives authority to authorized employees of the Code Compliance Division to
enforce provisions of the City Code relating to zoning, multi-family dwellings, minimum building
standards, nuisances, the environment, and health.
A significant change proposed for high weeds and grass and other types of nuisances is one-time
notification of violations to property owners. Subsequent violations during the next twelve
months, in accordance with the State statute, may be abated by the City without additional
notices. A second significant change that is proposed is defining graffiti as a nuisance and
establishing a procedure for abatement of graffiti on private property by the City.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this action will have no material effect on City
Funds.
RG:f
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL f
_f
Originating Department Head:
Tom Davis 6300 (from)
For Additional Information city Secretary of the
Contact: City oI Fort wortkTeomW
Tom Davis 6300
0 Printed on Recyded Paper /0900/
Adopted Ordinance No, y