HomeMy WebLinkAboutOrdinance 20125-03-2012ORDINANCE NO. 20125-03-2012
AN ORDINANCE AMENDING SECTION 7 -78(a) "APPEALS BOARD"
OF DIVISION 2 "ADMINISTRATION" OF ARTICLE IV "MINIMUM
BUILDING STANDARDS CODE" OF CHAPTER 7 "BUILDINGS" OF
THE CODE OF THE CITY OF FORT WORTH TO EXPAND THE
AUTHORITY AND JURISDICTION OF THE APPEALS BOARD TO
HEAR APPEALS FROM A DECISION OF THE DIRECTOR OF CODE
COMPLIANCE RELATING TO THE PROBATIONARY STATUS,
SUPSPENSION, OR REVOCATION OF A MULTI - FAMILY DWELLING
REGISTRATION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there has been an increase in the number of Multi - Family Dwelling Complexes
that receive a failing score during their periodic inspections and require repairs or corrections to
the facilities and /or buildings; and
WHEREAS, some Landlords fail to correct the identified violations within the time specified in
a notice of violation and continue to maintain a Multi - Family Dwelling Complex in a
substandard condition; and
WHEREAS, it is in the interest of the health and safety of the residents of Fort Worth to have a
mechanism for the effective enforcement of the Code of Ordinances with regard to Multi - Family
Dwelling Complexes; and
WHEREAS, the City Council with Ordinance 19998 -12 -2011 amended the Code of Ordinances
to include within the rental registration program the ability to place a Multi- Family Dwelling
Complex on a probationary status, a suspension status, or to revoke the registration of Multi -
Family Dwelling Complex for repeat or serious code violations; and
WHEREAS, the Director of Code Compliance is the person authorized to place a Multi - Family
Dwelling Complex on a probationary status, a suspension status, or to revoke the registration
pursuant to the Code of Ordinances; and
WHEREAS, as a matter of due process a Landlord may seek relief from a decision of the
Director of Code Compliance, through the Appeals Board, with respect to the probationary
status, suspension, or revocation of the registration of a Multi Family Dwelling Complex;
WHEREAS, it is prudent to have the Code of Ordinances amended to clarify that the Appeals
Board is the entity with the authority and jurisdiction to hear any appeals from decisions of the
Director of Code Compliance with respect to the probationary status, suspension, or revocation
of the registration of a Multi Family Dwelling Complex;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Section 7 -78(a) "Appeals Board" of Division 2 "Administration" of Article IV
"Minimum Building Standards Code" of Chapter 7 "Buildings" is amended to expand the
authority and jurisdiction of the Appeals Board to hear appeals from a decision of the Code
Compliance Director relating to the probationary status, suspension, or revocation of a Multi -
Family Dwelling Complex Registration to read as follows:
Sec. 7 -78. - Appeals board.
(a) The city council hereby establishes an appeals board for the purpose of hearing appeals
from the building standards commission, the downtown design review board and the historical
and cultural landmarks commission as well as any other boards or commissions as determined by
the city council, and decisions of the Director of Code Compliance relating to the probationary
status, suspension, or revocation of a Multi - Family Dwelling Complex registration.
The remainder of Section 7 -78 remains unchanged.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
and shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto 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 or criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 4.
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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance No. -20125-03-2012
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SECTION 5.
That 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 ($2000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By-� 6
Arthur N. Bashor
Assistant City Attorney
Adopted: March 27, 2012
Effective: ,40 D %�
Ordinance No. 20125 -03 -2012
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/27/2012 - Ordinance No. 20125 -03 -2012
DATE: Tuesday, March 27, 2012
LOG NAME: 23APPEALS BOARD
REFERENCE NO.: * *G -17556
SUBJECT:
Adopt Ordinance Amending Chapter 7 -78(a) of the City Code to Expand the Authority of the Appeals Board
Over Decisions of the Director of Code Compliance Relating to the Probationary Status, Suspension or
Revocation of a Multi - Family Dwelling Registration (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 7 -78(a) "Appeals
Board" of the City Code to expand the authority and jurisdiction of the Appeals Board to hear appeals from
a decision of the Director of Code Compliance relating to the probationary status, suspension or
revocation of a multi - family dwelling registration.
DISCUSSION:
On December 6, 2011, (M &C G- 17460) the City Council approved the amended Article IX "Registration
and Inspection for Multi - Family Dwelling Complexes ". This Amendment allows the Director of Code
Compliance to place a multi - family dwelling registration on a probationary status, suspension or revoke
the registration for uncorrected or repeat code violations.
As a matter of due process, a Landlord may seek relief from a decision of the Director of Code
Compliance through the Appeals Board. It is prudent to have the Code of Ordinances amended to clarify
that the Appeals Board is the entity with the authority and jurisdiction to hear any appeals with respect to
the probationary status, suspension or revocation of the registration of a multi - family dwelling complex.
Staff proposes to amend Chapter 7 -78(a) "Appeals Board" of the City Code to expand the authority and
jurisdiction of the Appeals Board to hear appeals from a decision of the Director of Code Compliance
relating to the probationary status, suspension or revocation of a multi - family dwelling registration. The
attached ordinance will be effective upon adoption and publication.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds during the current fiscal year.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 23APPEALS BOARD
FROM Fund /Account/Centers
Charles Daniels (6199)
Brandon Bennett (6345)
Shannon Elder (6326)
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