HomeMy WebLinkAboutOrdinance 8006 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, HOUSING, OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , AS
AMENDED, IN FULL BY REENACTING THE ENTIRE CHAPTER 20,
HOUSING, AS CHAPTER 20, MINIMUM BUILDING STANDARDS
CODE, AND CHAPTER 20A, DEPARTMENT OF HOUSING AND COM-
MUNITY DEVELOPMENT, OF SAID CITY CODE AND MAKING CER-
TAIN CHANGES, REVISIONS, ADDITIONS AND DELETIONS
THERETO PROVIDING FOR: A SHORT TITLE; DEFINITION OF
TERMS; A STATEMENT OF PURPOSE; A STATEMENT OF APPLI-
CABILITY, SCOPE, AND EFFECT; AN EXEMPTION OF CITY
OFFICIALS FROM LIABILITY; INCORPORATION BY REFER-
ENCE; RESPONSIBILITY FOR THE CONDITION OF CERTAIN
PREMISES; VALIDITY OF NOTICE SENT BY MAIL; A BUILDING
STANDARDS COMMISSION AND ITS COMPOSITION,, QUALIFICA-
TION OF MEMBERS, TERM OF MEMBERS, EX OFFYCIO MEMBERS,
MEETINGS, QUORUM, OFFICERS, POWERS, AND DUTIES; AN
OFFICE OF HOUSING OFFICIAL AND ITS DUTIES, APPOINT-
MENT OF DEPUTIES AND INSPECTORS, THEIR IDENTIFICA-
TION, SEARCH, AND ENFORCEMENT POWERS; COMMENCEMENT OF
CRIMINAL ENFORCEMENT; CRIMINAL PENALTIES; AN OFFENSE
OF MAINTAINING A SUBSTANDARD STRUCTURE AND CERTAIN
DEFENSES; AN OFFENSE OF FAILURE TO CLOSE AN UNOCCU-
PIED BUILDING AND CERTAIN DEFENSES; AN OFFENSE OF
OCCUPANCY OF A BUILDING POSTED WITH NOTICE TO VACATE
AND CERTAIN DEFENSES; AN OFFENSE OF REMOVING OR
DEFACING A POSTED NOTICE TO VACATE; AN ORDER TO
REPAIR OR DEMOLISH CERTAIN PREMISES AND NOTICE OF
SUCH AN ORDER; APPEAL OF AN ORDER TO REPAIR OR DEMOL-
ISH TO THE BUILDING STANDARDS COMMISSION; REMEDIES
FOR FAILURE TO COMPLY WITH AN ORDER TO REPAIR OR
DEMOLISH; APPEAL TO THE CITY COUNCIL FROM THE BUILD-
ING STANDARDS COMMISSION; DEMOLITION OF PROPERTY
ORDERED DEMOLISHED BY THE CITY COUNCIL; A DEMOLITION
FUND; DEMOLITION WORK TO BE PERFORMED BY THE DIRECTOR
OF PUBLIC WORKS THROUGH CITY EQUIPMENT AND PERSONNEL
OR THROUGH AN INDEPENDENT CONTRACTOR; ASSESSMENT OF
THE COSTS OF DEMOLITION AGAINST EITHER THE PROPERTY
DEMOLISHED OR ITS FEEHOLDER OR BOTH; VALIDITY OF
CIVIL PROCEEDINGS AFTER A CHANGE IN FEEHOLDERS; CER-
TAIN BUILDING STANDARDS INVOLVING: LOCATION OF
BUILDINGS, ACCESS TO PUBLIC PROPERTY, YARDS AND
COURTS, ROOMS, LIGHT AND VENTILATION, SANITATION,
STRUCTURAL REQUIREMENTS, HEATING AND ELECTRICITY,
EXITS, AND FIRE PROTECTION; CERTAIN DEFECTIVE CONDI-
TIONS OF PREMISES INCLUDING: GENERAL CONDITIONS,
STRUCTURAL HAZARDS, INADEQUATE SANITATION, HAZARDOUS
WIRING, HAZARDOUS PLUMBING, HAZARDOUS MECHANICAL
EQUIPMENT, FAULTY WEATHER PROTECTION, HAZARDOUS OR
UNSANITARY PREMISES, INADEQUATE MAINTENANCE, INADE-
QUATE EXITS, INADEQUATE FIREFIGHTING EQUIPMENT, AND
IMPROPER OCCUPANCY; ESTABLISHING A DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT AND CERTAIN REPORTS
AND DISPOSITION OF FEES COLLECTED BY SUCH DEPARTMENT;
THIS ORDINANCE TO BE CUMULATIVE OF ALL PROVISIONS OF
SAID CITY CODE AFFECTING HOUSING; A SAVINGS CLAUSE;
A PENALTY CLAUSE; A SEVERABILITY CLAUSE; PUBLICATION
OF A PORTION OF THIS ORDINANCE IN PAMPHLET FORM AND
PUBLICATION OF THE ENTIRE ORDINANCE IN THE OFFICIAL
PUBLICATION OF SAID CITY CODE; PUBLICATION OF THIS
ORDINANCE IN THE OFFICIAL NEWSPAPER FOR A PERIOD OF
FIVE DAYS; ENGROSSMENT AND ENROLLMENT; AND AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That all of Chapter 20 of the Code of the City of Fort Worth
(1964) , as amended, be and the same is hereby amended to read in
full as follows:
"CHAPTER 20
"MINIMUM BUILDING STANDARDS CODE
"ARTICLE I.
GENERAL PROVISIONS,
DEFINITIONS,
AND ADMINISTRATION
"PART A.
SHORT TITLE AND DEFINITIONS
"Section 20-1. Short Title.
This chapter may be referred to as the "Mini-
mum Building Standards Code."
"Section 20-2. Definitions.
For the purpose of this chapter, the following
words and phrases shall have the meanings respective-
ly ascribed to them by this section:
Accessory structure. A structure or building,
the use of which is incidental to that of the main
building, and which is attached thereto or located on
the same premises.
Alley. A public place, lane or thoroughfare
between buildings or through a city block, giving
access primarily to the rear of buildings.
Alter or alteration. Any change, addition or
modification in construction or occupancy.
Apartment. A room or suite of rooms which is
occupied, or which is used, designed or intended to
be occupied by one family for living and sleeping
purposes.
Apartment house. Any building or portion
thereof which is designed, built, rented, leased, let
or hired out to be occupied, or which is occupied as
the home or residence of three or more families
living independently of each other and doing their
own cooking in the building, including flats and
apartments.
Approved. Having the approval of the Housing
Official as the result of investigation and tests
conducted by him or by reason of accepted principles
or tests by national authorities, technical or scien-
tific organizations; or having the approval of the
appropriate enforcement official of the City as being
in compliance with the standards and requirements of
any code or ordinances of the City which applies
specifically to the item in question.
2
Basement. That portion of a building between
floor and ceiling which is partly below and partly
above grade but so located that the vertical distance
from grade to the floor below is less than the verti-
cal distance from grade to the ceiling.
Boardinghouse. A lodginghouse or rooming
house in which meals are provided.
Building. A roof supported by walls or
columns.
Building Code. The Building Code of the City
of Fort Worth as adopted pursuant to Ordinance No.
7337, as amended.
Building Official. The officially designated
enforcement officer of the Building Code.
Cellar. That portion of a building between
floor and ceiling which is wholly or partly below
grade and so located that the vertical distance from
grade to the floor below is equal to or greater than
the vertical distance from grade to ceiling.
Commercial Building. Any building or struc-
ture used or designed to be used in whole or part,
for retail or wholesale business, industrial, manu-
facturing, religious, educational, amusement or
entertainment purposes.
Condemnation. The bringing of a proper legal
action for the abatement of a nuisance.
Court. Except where used with judicial conno-
tation, the term 'court' shall mean an open, unoccu-
pied space bounded on two or more sides by the walls
of the building. An inner court is a court entirely
within the exterior walls of a building; all other
courts are outer courts.
Dwelling. Any building or any portion thereof
which is not an 'apartment house' , a 'lodginghouse'
or a 'hotel' as defined in this chapter and which
contains one or two 'dwelling units' or 'guest rooms'
used, designed or intended to be built, used, rented,
leased, let or hired out to be occupied or which are
occupied for living purposes.
Dwelling unit. A suite of two or more habit-
able rooms which are occupied or which are used,
designed, or intended to be occupied by one family,
with facilities for living, sleeping, cooking and
eating.
Efficiency living unit. Any room having cook-
ing facilities used for combined living, dining and
sleeping purposes and meeting the requirements of
Section 20-32, Exception.
Existing building. A building erected or one
for which a legal building permit has been issued
prior to the effective date of this Ordinance.
Exit. A continuous and unobstructed means of
egress ro a public way, including intervening door-
ways, corridors, ramps, stairways, fire escapes,
horizontal exits, exterior courts and yards.
3
Extermination. The control and elimination of
insects, rodents, and vermin by eliminating their
harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning,
spraying, fumigating or trapping; or by other approv-
ed means.
Family. One person living alone or a group of
two or more persons living together, whether related
to each other by birth or not.
Floor area. The area included within sur-
rounding walls of a building (or portion thereof) ,
exclusive of vent shafts and courts.
Garbage. The animal, vegetable and mineral
waste resulting from the handling, preparation, cook-
ing and consumption of food.
Grade (ground level) . The average of the
finished ground level at the center of all walls of a
building. In case walls are parallel to and within
five feet of a sidewalk, the ground level shall be
measured at the sidewalk.
Habitable building. A building or a portion
of a building used, designed or intended to be used
for human habitation which meets the requirements of
this chapter as applicable to all residential, com-
mercial and industrial structures.
Habitable room. Any room meeting the require-
ments of this chapter for sleeping, living, cooking
or eating purposes, excluding such enclosed places as
closets, pantries, bath or toilet rooms, service
rooms, connection corridors, laundries, unfinished
attics, foyers, storage spaces, cellars, utility
rooms, and similar spaces.
Health Director. The legally designated head
of the Department of Health of the City of Fort
Worth.
Hgt water. Water at a temperature of not less
than 120 F.
Housing Official. The officer and his depu-
ties charged with the administration and enforcement
of this chapter or the official charged with the
administration and enforcement of an ordinance that
requires the abatement procedure to follow, in whole
or in part, the provisions of this chapter as appli-
cable to all residential, commercial and industrial
structures.
Infestation. The presence of insects, ro-
dents, vermin or other pests within or contiguous to
a dwelling, dwelling unit, rooming house, rooming
unit or premises.
Kitchen. A room used, designed or intended to
be used for the preparation of food.
Lodginghouse. Same as rooming house.
Maintain. Keep, preserve, erect, construct,
enlarge, alter, repair, move, improve, convert,
equip, use, maintain status quo, permit to deterior-
ate, or permit to exist.
Masonry. That form of construction composed
of stone, brick, concrete, gypsum, hollow clay title,
concrete block, tile or other similar building units,
materials, or combination thereof placed or laid up
unit by unit and set in mortar or other substance.
4
Mechanical Code. The City of Fort Worth
Mechanical Code and amendments thereto.
Nuisance. The following shall be defined as
nuisances:
(a) Any public nuisance known at common law
or in equity jurisprudence.
(b) Any attractive nuisance which may
prove detrimental to children, whether
in a building, on the premises of a
building or upon an unoccupied lot.
This includes any abandoned wells,
shafts, basements, or excavations;
abandoned refrigerators or junked
motor vehicles; any structurally
unsound fences or structures; or any
lumber, trash, fences, debris or vege-
tation which may prove a hazard for
inquisitive minors.
(c) Whatever is dangerous to human life or
is detrimental to health.
(d) Whatever renders air, food or drink un-
wholesome or detrimental to the health
of human beings.
Occupied space. The total area of all build-
ings or structures on any lot or parcel of ground
projected on a horizontal plane, excluding permitted
projections as allowed by this chapter.
Owner. Any person using or having control of
the premises concerned, including but not limited to:
a feeholder, lessor, lessee, occupant, vendor under-
contract of sale, vendee under contract of sale, per-
son in possession, person with right to immediate
possession, assignee of rents, receiver, trustee,
executor, or person having express, implied, or
apparent authority to exercise control of such prop-
erty as an agent of its owner, as the term owner is
defined hereby. Any person listed as owner of any
such premises upon the last approved City of Fort
Worth, Texas, tax roll previous to the offense date
shall be presumed to be the owner for purposes of
this chapter.
Person. Any individual, corporation, firm,
association, trust, partnership or group of two or
more persons having a joint or common economic inter-
est; including nonprofit, religious, charitable, and
professional entities.
Private garage. A building or a portion of a
building not more than one thousand square feet in
area in which only motor vehicles used by the tenants
of the building or buildings on the premises are
stored or kept.
Repair. The reconstruction or renewal of any
part of an existing building for the purpose of its
maintenance. The term 'repair ' shall not apply to
any change of construction or additions to a build-
ing.
Rooming house. A building or part thereof
which contains one or more rooming units and in which
space is occupied or intended to be occupied by five
or more persons who are not husband or wife, son or
daughter, mother or father, or sister or brother of
the resident owner or operator.
5
Rooming unit. Any room or group of rooms
forming a single habitable unit used or intended to
be used for living or sleeping but not for cooking or
eating purposes.
Rubbish. All combustible and noncombustible
waste, except garbage.
Service roam. Any room used for storage, bath
or utility purposes and not included in the defini-
tion of 'habitable room. '
Substandard or substandard conditions.
Either (a) not meeting or conforming with one or more
of the standards or specifications set forth in Part
A of Article IV of this Chapter or (b) possessing one
or more of the conditions or defects set forth in
Part B of Article IV of this Chapter.
Window. A glazed opening, including glazed
doors, which open upon a yard, court or recess from a
court, or a vent shaft open and unobstructed to the
sky.
Yard. An open unoccupied space other than a
court, unobstructed from the ground to the sky,
except where specifically provided by this chapter,
on the lot of which a building is situated.
Zoning Ordinance. City of Fort Worth Ordi-
nance No. 3011, as amended.
"PART B.
GENERAL PROVISIONS AND CONSTRUCTION
"Section 20-3. Purpose.
The purpose of this chapter is to provide
just, equitable and practicable civil and criminal
methods to be cumulative with and in addition to any
other remedy provided by the City of Fort Worth
Building Code, or otherwise available at law, whereby
buildings or structures which from any cause might
endanger the life, limb, health, property, safety or
welfare of the general public or their occupants may
be required to be repaired, vacated or demolished.
"Section 20-4. Applicability, scope and effect
The provisions of this chapter shall apply to
all buildings and structures or portions thereof as
herein defined which are now in existence or which
may hereafter be constructed in the City of Fort
Worth. Existing buildings or structures which are
altered or enlarged shall be made to conform to the
Building Code of the City of Fort Worth. Existing
buildings or structures which are moved or relocated
shall be considered new construction and shall comply
with all requirements of the Building Code of the
City of Fort Worth.
"Section 20-5. Exemption of city officials from
liability
All of the regulations provided in this chap-
ter and the functions and duties of all officers,
agents, servants or employees of the City in the
enforcement of this chapter are declared to be gover-
nmental and for the benefit of the general public.
Any member of the City Council, any city official or
employee, or any member of the Commission charged
with the enforcement of this chapter, acting for the
City in the discharge of his duties, shall not there-
by render himself personally liable by the perfor-
6
mance of any act required or ••permitted in the dis-
charge of his duties.
"Section 20-6. Incorporation of reference
Any reference made in this Chapter to any
other law, statute, code, ordinance, rule, regula-
tion, or similar statutory of quasi-statutory mater-
ial is intended to incorporate such material both as
it presently exists and also any future amendments,
changes, revisions, repeals, or recodifications of
such material, unless otherwise expressly provided.
"Section 20-7. Responsibility for condition of
premises; notice; service
Each owner remains liable for violation of
duties imposed upon him by this chapter, even though
an obligation is also imposed on the occupants of his
building and even though the owner has, by agreement,
imposed on the occupants the duty of furnishing
required equipment or complying with this chapter.
Each owner or his agent, in addition to being
responsible for maintaining his building in a sound
structural condition, shall be responsible for keep-
ing that part of the building or premises which he
occupies or controls in a clean, santiary and safe
condition, including the shared or public areas in
such building or structure.
Each owner or occupant shall, where required
by this chapter or other applicable ordinances, fur-
nish and maintain such approved sanitary facilities
as are required, shall furnish and maintain approved
devices, equipment or facilities for the prevention
of insect and rodent infestation, and, where infesta-
tion exists, shall be responsible for the extermina-
tion of any insects, rodents or other pests.
Each occupant of a building or structure, in
addition to being responsible for keeping that part
of the building, structure or premises which he occu-
pies and controls in a clean, sanitary and safe con-
dition, shall dispose of all rubbish, garbage and
other organic waste in such manners as is required by
applicable ordinances of the City of Fort Worth.
Each occupant shall, where required by this
chapter or other applicable ordinances, furnish and
maintain approved devices, equipment or facilities
necessary to keep his premises safe and sanitary.
The failure of any such person to receive any
notice or order deposited in the United States mail
shall not affect the validity of any proceedings
taken under this chapter. Service by mail in the
manner herein provided shall be effective on the date
of mailing.
The failure of the Housing Official to serve
any person required herein to be served shall not
invalidate any proceedings hereunder as to any. other
person duly served or relieve any such person from
any duty or obligation imposed upon him by the provi-
sions of this chapter.
7
"PART C.
BUILDING STANDARDS COMMISSION
"Section 20-8. Building Standards Commission
Established
A Building Standards Commission is hereby
established.
"Section 20-9. Same -- Composition; appointment;
qualifications of members; term
of members
The building Standards Commission shall con-
sist of nine members, each of whom shall be a duly
qualified elector and a resident of the City, who
shall be appointed by the City Manager with the
approval of the City Council. The Commission shall
consist of:
Place Qualification
1. At large
2. At large
3. At large
4. At large
5. At large
6. At large
7. At large
8. At large
9. At large
After the initial appointments hereunder, the
members of the Building Standards Commission shall
hold office for a term of two (2) years unless
removed prior to the completion of such term. The
initial appointments of members in the odd-numbered
places shall be appointed for a term of two years;
the initial appointment of members in the even-
numbered places shall be appointed for a one year
term, and thereafter each of such even-numbered
places shall be filled by appointment for a two year
term.
"Section 20-10 Same -- Ex officio members
In addition to the nine regular members of the
Building Standards Commission, the Fire Chief, Hous-
ing Official, Chief Sanitary Engineer, and Building
Official of the City shall be, ex officio, non-voting
members of such Commission. It shall be the duty of
such ex officio members or their authorized assist-
ants to attend all Commission meetings and to advise
and consult with the Commission in matters pertaining
to the enforcement of this chapter. When requested
by the Commission, the ex officio members shall
inspect buildings, structures or premises in viola-
tion of, or alleged to be in violation of, this chap-
ter and shall present a report of such inspection to
the Commission.
"Section 20-11 Same -- Meetings; quorum; officers
A quorum for the transaction of business of
the Building Standards Commission shall consist of
not less than five (5) members. No decision by the
Commission shall be deemed rendered unless concurred
in by not less than five (5) members. The Commission
shall select a chairman who shall act as presiding
officer at all meetings, and it shall establish such
rules of procedure as it deems necessary for proper
8
conduct of its booioeas' The Housing Official shall
function as secretary and shall prepare and be custo-
dian of all necessary minutes and records. The Com-
mission shall bold regular meetings at least once
each month and, in addition, such special meetings as
may be zegoizeu for the performance of its duties.
"Section 20-I2' Same -- eowpza and Duties
The Building Standards Commission shall beuz
and decide appeals wherein it is alleged there is
error in any order, requirement, decision or determi-
nation made by the Housing Official in the civil
enforcement of this chapter, and it shall also have
the following powers:
(a) To reverse or affirm wholly or in pact
or to modify any order of the Housing
Official;
(b) To authorize, upon appeal, such vari-
ance in the application of the terms of
this chapter as will not be contrary to
the public interest, where, owing to
special conditions, a literal enforce-
ment of the provisions of this chapter
will result in unnecessary hardship,
it being, however, the intention of the
City Council that no decision of the
Commission shall vary or be inconsis-
tent with the terms, provisions and
requirements of this chapter;
(c) To interpret the provisions of this
chapter in such a way as to carry out
its intent and purpose and to make such
suggestions and recommendations to the
City Council as it deems advisable for
the improvement of this chapter;
(d) To conduct hearings where the Housing
Official has cited the owner or agent
of a building to appear before the Com-
mission to show cause why such building
or otzootoze should not be repaired,
vacated or demolished, and on the basis
of such hearing, if the building is
determined to be unsafe, to recommend
issuance by the city Council of such
orders as abaII appear necessary; and
<e> To direct the Housing Official to
either recommend discontinuation of
any pending criminal prosecution under
Article zz of this chapter or to
refrain from 0000ueuoiug any such pro-
secution or both.
"PART D
orFzCo OF 000srmG orF7czaz
"Section 20-13' Office of Housing official/
established, duties
There is hereby established in the Department
of euoaiug and Community Development the office of
the the ouoaiug Official, which is authorized and
directed to enforce all the provisions of this
nbaptec.
The auoaiug Official and his authorized repre-
sentatives shall be authorized to make inspections of
all buildings, houses, and premises within the city
of Fort Worth for the purposes of determining that
the provisions of this node are fully complied with.
9
If there is probable cause to suspect that any build-
ing or premises are in violation of this Code, and:
(a) if such building or premises are open
and clearly unoccupied, the Housing
Official may enter such building or
premises for the purpose of inspecting
same without prior notice to any per-
son; or
(b) if such building or premises are closed
or if a reasonably prudent person with
a reason to believe that such premises
are occupied,
The Housing Official shall have recourse to every
procedure, right, or remedy provided by law to secure
entry for the purpose of inspecting same.
For purposes of this section a building or premises
shall be "closed" if entry cannot be gained without
the use of force, however slight, including, for
example, the force necessary to open an unlocked door
or climb into an open window; a building or premises
shall be "occupied" if occupied for either residen-
tial or business purposes.
"Section 20-14. Same -- Appointment of deputies
and inspectors
The Housing Official may appoint such number
of inspectors and other employees as shall be author-
ized by the appropriations ordiance and budget. He
may deputize such employees as may be necessary to
carry out the functions required for the enforcement
of this chapter.
"Section 20-15. Same -- Identification
The Housing Official and his deputies and
inspectors shall be supplied with official identi-
fication, and upon request, they shall exhibit such
identification when performing any duties imposed and
authorized by this chapter.
"Section 20-16. Same -- Enforcement
Whenever the Housing Official has inspected
any premises he may commence civil proceedings as set
forth in Article III of this chapter, criminal pro-
ceedings as set forth in Article II of this chapter,
or both, as determined by the conditions existing on
such premises.
"ARTICLE II
CRIMINAL ENFORCEMENT
"Section 20-17. Commencement
(a) To commence criminal enforcement of this
Code, the Housing Official shall file with the Chief
Prosecutor of the Municipal Courts a request that a
criminal complaint be filed in such court. Such
request shall contain such information as needed by
the Chief Prosecutor to prepare a valid criminal com-
plaint and may be in the form of an original copy of a
citation or ticket form. Such request shall specify
the Section of this Article under which prosecution
is desired.
10
(b) The provisions of Article III of this
chapter shall not affect or be required for any
prosecution brought under Article II, nor vice versa,
except where otherwise expressly provided.
(c) Criminal proceedings may be commenced at
any time a violation exists regardless of the state
of or existence of any civil proceedings pending
under this chapter, except as otherwise expressly
provided.
(d) Any person violating any of the provi-
sions of this Article shall be deemed guilty of a
misdemeanor, and each such person shall be deemed
guilty of a separate offense for each day or portion
thereof during which any violation of any of the pro-
visions of this Article is committed, continued, or
permitted, and each violation shall be punishable by
a fine not exceeding two hundred dollars ($200.00) .
"Section 20-18. Maintaining Substandard Structure
It shall be unlawful for any owner to maintain
any premises upon which exists any substandard condi-
tion.
"Section 20-19. Failure to close unoccupied
building
(a) It shall be unlawful for any owner of any
unoccupied building to fail to keep such building
closed and secured at all times.
(b) The term "closed and secured" shall, for
purposes of this Section, mean that such building is
closed by intact doors which are locked, bolted or
nailed shut; by intact windows which are boarded up,
latched, locked, barred, or protected by other inani-
mate devices reasonably sufficient to exclude intru-
ders; and by intact, solid and continuous walls and
roof.
(c) It shall be a defense to prosecutions
under this section that the owner had closed and
secured such building before the date of offense
alleged in the criminal complaint and that such
building was not closed and secured on such date of
offense through the acts of unknown persons or acts
of nature occurring forty-eight hours or less before
noon on such date of offense.
(d) It shall be a defense to prosecutions
under this section that such building was not closed
and secured for the reason that work was being per-
formed on such building by persons actually physical-
ly present on the property on the date of offense
alleged in the complaint.
"Section 20-20. Occupancy of building posted with
notice to vacate, removal of notice
(a) Every notice to vacate shall, in addition
to being served as provided in Section 20-25, be
posted in a conspicuous place at or upon the building
in substantially the following form:
11
'SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy
this building or to remove or
deface this notice.
HOUSING OFFICIAL
CITY OF FORT WORTH'
(b) After such notice is posted, it shall be
unlawful for any person to use, enter, remain in, or
occupy such building nor shall any owner of such
building knowingly permit any person to use, enter,
remain in, or occupy such building. It shall be a
defense to any prosecution occurring under this para-
graph that entry was made for the sole purpose of
repairing, demolishing, or removing such building.
(c) It shall be unlawful for any person to
remove or deface such notice until the required
repairs, demolition or removal have been completed.
(d) For purposes of prosecutions under this
Section, it shall be presumed that such notice was
served and posted by the proper authority and under
the proper procedure if it is shown that such notice
was conspicuously extant on such building on the
offense date alleged in the criminal complaint.
"Section 20-21. Transfer notice required
(a) It shall be unlawful for any feeholder
to knowingly fail to provide effective written notice
as provided in this Section to any transferee of any
ownership interest or security interest in any prop-
erty about which such feeholder has been given notice
under Section 20-23 of this Code, unless such notice
under Section 20-23 has been withdrawn by the Housing
Official or reversed by the Building Standards Com-
mission or the City Council.
(b) Notice given under this Section shall
not be effective unless:
(1) if a transfer by any type of
deed or deed of trust, a copy of
such notice is filed by the fee-
holder with the County Clerk of
Tarrant County, Texas, before
the filing of such deed or deed
of trust;
(2) it is prepared in duplicate
originals upon two identical
sheets of paper used exclu-
sively for such notice;
(3) it includes each of the follow-
ing:
(a) The street address, if
any, and the legal des-
cription of the prem-
ises;
(b) a statement, clearly
legible, as follows:
12
"NOTICE IS HEREBY GIVEN
THAT THE PROPERTY HEREIN
DESCRIBED HAS BEEN FOUND
TO BE SUBSTANDARD BY THE
CITY OF FORT WORTH.
LEGAL ACTION IS PENDING
AGAINST THIS PROPERTY
THAT MAY RESULT IN THE
PROPERTY BEING ORDERED
VACATED, DEMOLISHED, OR
BOTH."
(c) a declaration that such
notice was executed by
the feeholder and pre-
sented to the transferee
before any ownership in-
terest or security in-
terest passed to the
transferee;
(d) the name and signature
of the feeholder;
(e) either:
(i) the name and sig-
nature of the
transferee, or
(ii) a sworn statement
by the feeholder
that the declara-
tion made in sub-
section (B) (1) (3)
(c) of this Sec-
tion is true and
correct, said oath
to be made before
a notary public.
(4) One copy is served upon the
transferee by the feeholder
either by personal service upon
the transferee or by being sent
by registered mail, return re-
ceipt requested, to the trans-
feree in a postpaid, properly
addressed wrapper, and
(5) One copy of such notice is re-
tained by the feeholder.
"ARTICLE III
CIVIL ENFORCEMENT
"Section 20-22. Order
Whenever the Housing Official has inspected
any premises and has found any building on such prem-
ises which is substandard to the extent that the
life, limb, health, property, safety or welfare of
the public or the occupants thereof is endangered, he
shall commence civil proceedings by issuing an order
to the feeholder of such premises to repair or demol-
ish such premises and that such work must physically
commence within sixty days from the date of notice.
13
"Section 20-23. Notice
(a) Any order issued under Section 20-22 of
this chapter shall be embodied in a notice containing
the following:
(1) The street address, if any, or
other description sufficient
for identification of the prem-
ises upon which the building is
located.
(2) A statement that the Housing
Official has found the building
to be substandard, with a gen-
eral description of the condi-
tions found to render the
building substandard.
(3) A statement that the feeholder
is ordered to physically com-
mence repair or demolition work
within sixty days from the date
of notice.
(4) A statement that all necessary
permits must be obtained before
physically commencing work.
(5) A statement that once commenc-
ed, work must be completed
within a reasonable time.
(6) A statement that unless work is
commenced and completed as or-
dered that the Housing Official
may order the premises vacated,
may present the case to the
Building Standards Commission
for demolition by the City, or
both.
(7) A statement that any person re-
ceiving notice may appeal same
by making application to the
Housing Official within thirty
days from the date of notice,
after which time their right to
appeal expires.
(8) The notice must be signed and
dated by the Housing Official.
(b) One copy of the notice shall be mailed to
the feeholder by certified mail, return receipt
requested, in a prepaid, properly address wrapper
deposited in the United States mail. A second copy
shall be posted in a conspicuous place on the premi-
ses concerned. Additional copies shall be mailed by
regular mail to any other owner, mortgage holder,
trustee under deed of trust, or lienholder of such
premises shown of record in the land records of Tar-
rant County, Texas.
"Section 20-24. Appeal from order of Housing
Official
(a) Any person sent notice under Section 20-
22 of this Chapter or any owner of property ordered
repaired or demolished, may appeal the order of the
Housing Official by filing with the Housing Official
within thirty days from the date of such notice an
application for appeal. Such application form shall
require the following information:
(1) The name of the appellant and
his mailing address;
(2) The street address and, if
known by the appellant, the
legal description of the prop-
erty in question;
In
(3) The relationship of the appel-
lant to the property in ques-
tion (for example, owner or
lessee) ;
(4) A statement setting forth the
relief requested, and
(5) The signature of the appellant.
(b) The Housing Official may disregard any
application for appeal filed more than thirty days
after the date of the notice sent under Section 20-22
of this Chapter.
(c) Upon receipt of any application for
appeal timely filed, the Housing Official shall place
such appeal on the agenda of the Housing Standards
Commission and shall notify the appellant of the
time, date, and place of such meeting. Such notice
shall be sent to the address shown on the application
for appeal via certified mail, return receipt
requested. Should the Housing Official receive any
further applications for appeal upon the same premi-
ses, they shall be placed upon the agenda to be heard
at the same place and time as the pending appeal and
notice shall be given in the same manner.
(d) The Building Standards Commission shall
hear the appeal at the time and place noted on its
agenda and shall have the power to affirm, reverse,
or modify the order of the Housing Official, and such
order shall be automatically suspended by the filing
of an application for appeal. If such order is
affirmed, the balance of the sixty-day time limit
shall resume running from the date of the Commis-
sion's order. If such order is reversed, the Housing
Official shall immediately cease any civil proceed-
ings against the property and shall abide by such
further orders as the Commission shall make regarding
such property. If such order is modified, the Com-
mission shall immediately announce such modification
to all appellants present at such meeting. The Hous-
ing Official shall enter such modified order in the
minutes of the Commission and shall send a copy of
the relevant portion of such minutes to all appel-
lants not present and all persons who received notice
under Section 20-22 of this Chapter. Such copy shall
be sent via certified mail, return receipt requested.
"Section 20-25. Appeal to City Council from
Building Standards Commission
Any action or order of the Building Standards
Commission may be appealed by either the appellant or
the Housing Official to the City Council. The appli-
cation, notice, and procedures for such an appeal
shall be the same as that required to appeal to the
Building Standards Commission, except that applica-
tion for appeal shall be made within ten days after
the ruling of the Building Standards Commission and
shall be made to the Housing Official. The City
Council may affirm, reverse, or modify the action or
order of the Building Standards Commission.
15
"Section 20-26. Failure to comply
Should there be noncompliance with any order
of the Housing Official, as modified or affirmed by
the Building Standards Commission or the City Coun-
cil, and should the premises remain substandard to
the extent that the life, limb, health, property,
safety, or welfare of the public or the occupants of
such premises is endangered, the Housing Official may
take one or more of the following actions:
(a) Institute demolition proceedings by:
(1) Issuing notice to the same per-
sons and in the same manner as
notice was issued under Section
20-23 of this Chapter that at a
specified date, time and place,
the Housing Official will pre-
sent to the Building Standards
Commission a request that the
premises named in such notice
be demolished by the City and a
request that the costs of such
demolition be charged against
the feeholder of such premises
and also be assessed against
the property and that any per-
son receiving notice may appear
to show cause why such demoli-
tion should not commence, and
(2) Placing such a request on the
agenda of the Commission for
such a hearing; or
(b) Order such premises vacated by:
(1) Issuing an order to the same
persons and in the same manner
as notice was issued under Sec-
tion 20-23 of this Chapter that
such premises shall not be
used, entered, remained in, or
occupied until released by the
Housing Official, except for
the purpose of actually physi-
cally engaging in the required
repairs, demolition, or remov-
al;
(2) Posting such premises with
notice as provided by Section
20-20 of this Chapter; and
(3) Withholding such release until
such time as the ordered re-
pairs or demolition are com-
pleted; or
(c) Both (a) and (b) .
"Section 20-27. Performance of demolition work
Action by Housing Official
Any action of the Building Standards Commis-
sion requiring demolition by the City of any premises
must be appealed by the Housing Official to the City
Council before any demolition is begun, and the Hous-
ing Official shall proceed only as ordered by the
City Council.
16
The Housing Official may, however, delay
appealing any case to the City Council for a reason-
able period of time to allow repair or demolition by
the owner of such property.
"Section 20-28. Same -- Procedure
(a) If demolition is ordered by the City
Council, the Housing Official shall, upon receiving
such order, send notice to the same persons and in
the same manner as provided in Section 20-23 of this
Chapter. Such notice shall specify:
(1) The address of the property in
question;
(2) That the City Council has
ordered such property demolish-
ed
(3) That demolition work on the
property can begin at any time
after ten (10) days after the
date of the notice; and
(4) That the costs of demolition
may be assessed against the
property, the feeholder, or
both;
Such notice shall be signed and dated by the Housing
Official.
(b) No criminal prosecution shall be
commenced under Section 20-18 of this Chapter by the
Housing Official involving any property ordered
demolished by the City Council.
(c) After sending notice, the Housing Offi-
cial shall issue his order therefor to the Director
of Public Works, and the work shall be accomplished
by City personnel or by independent contractor after
bids are taken. Plans and specifications for such
work, when necessary, shall be caused to be prepared
by the Director of Public Works. Such work shall not
commence, however, before the thirty-first day fol-
lowing the date of notice.
"Section 20-29. Same -- Costs
(a) The City Council shall establish a spe-
cial revolving fund to be designated as the Demoli-
tion Fund. Payments shall be made out of said fund
upon the order of the Director of Public Works, with
the concurrence of the Housing Official, to defray
the costs and expenses incurred by the City in doing
or causing to be done the necessary demolition of
substandard buildings and structures. The City Coun-
cil may appropriate such sums as it may deem neces-
sary in order to expedite the demolition, and any sum
so appropriated shall be deemed a loan to the Demoli-
tion Fund and shall be repaid out of the proceeds of
the collections hereinafter provided for.
(b) The Director of Public Works shall keep
an itemized account of the expenses incurred by the
City in the demolition of any building pursuant to
the provisions hereof, and upon the completion of the
demolition, the Director of Public Works shall cause
to be prepared and filed with the City Secretary a
report specifying the work done, the itemized and to-
tal cost thereof, a description of the real property
17
upon which the building or structure is or was loca-
ted, and the names and addresses of the persons
entitled to notice pursuant to Section 20-23 hereof.
(c) The City Council may thereupon order that
said costs, including administrative costs, be made a
personal obligation of the feeholder or assess said
charge against the property involved under the appli-
cable provisions of the Constitution and laws of the
United States, the State of Texas, and the Charter of
the City of Fort Worth.
(d) If the City Council orders that the
charge shall be a personal obligation of the fee-
holder, it shall request the City Attorney to collect
the same on behalf of the City by use of all appro-
priate legal remedies; if the City Council orders
that the charge shall be assessed against the proper-
ty under the applicable provisions of the Constitu-
tion and laws of the United States, the State of
Texas, and the Charter of the City of Fort Worth, it
shall confirm the assessment and cause the same to be
recorded on the assessment roll, and thereafter said
assessment shall constitute a special assessment
against and a lien upon the property.
"Section 20-29. Discontinuation.
After any premises have been ordered repaired
or demolished under Section 20-22 hereof, the Housing
Official shall regularly reinspect same. If at any
time the building on such premises is no longer sub-
standard to the extent that the life, land, health,
property, safety, or welfare of the public or the
occupants thereof is endangered, the Housing Official
shall immediately withdraw his prior order and issue
a certificate reflecting such action to the feeholder
of such property.
"Section 20-30. Change in Feeholder.
A change in feeholders of any property upon
which proceedings are pending under this Article
shall not affect the validity of such proceedings if
either:
(a) The new feeholder has been a party
served with notice at each stage of the
proceedings, or
(b) The new feeholder has been given notice
as required by Section 20-21 hereof.
It shall be presumed that the new fee holder
has been given notice under Section 20-21 hereof, as
required by law. If, however, the new feeholder shows
that he has not been so served, all pending proceed-
ings under this Article are invalid and must be
recommenced. A change in feeholders made for the
purpose of delaying or avoiding proceedings under
this Article shall not affect the validity of such
proceedings.
"ARTICLE IV
STANDARDS AND CONDITIONS
"PART A
STANDARDS
"Section 20-31. Rooms.
18
(a) Ceiling heights. Habitable rooms, stor-
age rooms, and laundry rooms shall have a ceiling
height of not less than seven feet six inches. Kit-
chens, hallways, corridors, bathrooms and toilet
rooms shall have a ceiling height of not less than
seven feet measured to the lowest projection from the
ceiling. If any room in a building has a sloped
ceiling, the prescribed ceiling height for the room
is required in only one-half the area thereof. No
portion of the room measuring less than five feet
from the finished floor to the finished ceiling shall
be included in any computation of the minimum area
thereof. If any room has a furred ceiling, the pre-
scribed ceiling height is required in two-thirds the
area thereof, but in no case shall the height of the
furred ceiling be less than seven feet.
(b) Floor area. Every dwelling unit shall
have at least one room which shall have not less than
one hundred twenty square feet of floor area. Every
room which is used for both cooking and living or
both living and sleeping purposes shall have not less
than one hundred fifty square feet of floor area.
Every room used for sleeping purposes shall have not
less than seventy square feet of floor area. When
more than two persons occupy a room used for sleeping
purposes, the required floor area shall be increased
at the rate of fifty square feet for each occupant in
excess of two.
Exception: Nothing in this subsection
shall prohibit the use of an efficiency
living unit meeting the following
requirements:
(1) The unit shall have a living
room of not less than two hun-
dred twenty square feet of
floor area. An additional one
hundred square feet of floor
area shall be provided for each
occupant of such unit in excess
of two.
(2) The unit shall be provided with
a separate closet.
(3) The unit shall be provided with
a kitchen sink, cooking appli-
ance and refrigeration facili-
ties, each having a clear work-
ing space of not less than
thirty inches in front. Light
and ventilation conforming to
this chapter shall be provided.
(4) The unit shall be provided with
a separate bathroom containing
a water closet, lavatory and
bathtub or shower.
(c) Width. No habitable room shall be less
than seven feet in any dimension and no water closet
space less than thirty inches in width, and a clear
space shall be provided in front of the water closet
of not less than twenty-four inches. No heating
appliance, electrical appliance, or water heating
appliance shall be installed, reinstalled, or permit-
ted to exist nearer than twenty-four inches from any
water closet, bathtub, or shower located in the same
space.
19
"Section 20-32. Light and Ventilation
(a) Windows. All guest rooms, domitories and
habitable rooms within a dwelling unit shall be pro-
vided with natural light by means of windows and sky-
lights with an area of not less than one-tenth of the
floor area of such rooms with a minimum of twelve
square feet.
All bathrooms, water closet compartments,
laundry rooms and similar rooms shall be provided
with natural ventilation by means of windows or sky-
lights with an area of not less than one-tenth of the
floor area of such rooms with a minimum of three
square feet.
Not less than one-half of the required window
or skylight area shall be capable of being opened to
provide vetilation.
Required windows shall open directly onto a
street or public alley or a yard or court located in
the same lot as the building.
Exceptions:
(1) Required windows may open onto
a roofed porch where the porch:
(i) Abuts a street, yard or
court;
(ii) Has a ceiling height of
not less than seven
feet; and
(iii) Has the longer side at
least sixty-five percent
open and unobstructed.
(2) A required window in a service
room may open onto a vent shaft
which is open and unobstructed
to the sky and not less than
four feet in smallest dimen-
sion. No vent shaft shall ex-
tend through more than two
stories.
For the purpose of determining light and ven-
tilation requirements, any room may be considered as
a portion of an adjoining room when one-half of the
area of the common wall is open and unobstructed and
provides an opening of not less than one-tenth of the
floor area of the interior room or twenty-five square
feet, whichever is greater.
(b) Mechanical ventilation. An approved sys-
tem of mechanical ventilation or air conditioning may
be used in lieu of windows capable of being opened.
Such system shall be capable of providing two air
changes per hour in all guest rooms, dormitories,
habitable rooms and public corridors. One-fifth of
the air supply shall be taken from the outside. In
bathrooms, water closet compartments, laundry rooms
and similar rooms, a mechanical ventilation system
connected directly to the outside, capable of provid-
ing five air changes per hour, shall be provided.
20
(c) Vent shaft. A required window in a ser-
vice room may open into a vent shaft which is open
and unobstructed to the sky and not less than four
feet in least dimension. No vent shaft shall extend
through more than two stories.
(d) Hallways. All public hallways, stairs,
and other exit ways shall be adequately lighted at
all times in accordance with the Building Code.
(e) Screens. In any dwelling unit all open-
ings capable of being used for ventilation shall be
fitted with screening and frames which are tight-fit-
ting and free from breaches. It shall be a defense
to any criminal prosecution that such dwelling unit
was equipped with mechanical ventilation satisfying
this Section, as amended.
"Section 20-33. Sanitation.
(a) Dwelling units. Every dwelling unit
shall be provided with a water closet, a lavatory and
a bathtub or shower.
(b) Hotels and rooming houses. Where private
water closets, lavatories and baths are not provided,
there shall be provided on each floor for each sex at
least one water closet and lavatory and one bath ac-
cessible from a public hallway at the rate of one for
every ten guests, or fractional equivalent thereof in
excess of ten. Such facilities shall be clearly
marked for "Men" or "Women."
(c) Kitchen. Every dwelling unit shall be
provided with a kitchen. Every kitchen shall be pro-
vided with a kitchen sink. No wooden sink or sink of
similarly absorbent material shall be permitted.
(d) Fixtures. All plumbing fixtures shall be
connected to a sanitary sewer or to an approved pri-
vate sewage disposal system. All plumbing fixtures
shall be connected to an approved system of water
supply and provided with hot and cold running water,
except water closets shall be provided with cold
water only.
All plumbing fixtures shall be of an approved
type.
(e) Bathrooms. Walls and floors of water
closet compartments and bathrooms except in dwellings
shall be finished in accordance with the Building
Code.
(f) Room separations. Every water closet,
bathtub or shower required by this chapter shall be
installed in a room which will afford privacy to the
occupant. A room in which a water closet is located
shall be separated from food preparation or storage
rooms by a well-fitted door.
(g) Installation and maintenance. All sani-
tary facilities shall be installed and maintained in
a safe and sanitary condition and in accordance with
all applicable laws.
21
"Section 20-34. Structural requirements
(a) General structural elements. Buildings
or structures may be of any type or construction per-
mitted by the Building Code, as amended. Roofs,
floors, walls, foundations and all other structural
components of buildings shall be capable of resisting
any and all forces and loads for which they are
designed. All structural elements shall be propor-
tioned and joined in accordance with the stress limi-
tations and design criteria as specified in the
appropriate sections of the Building Code, as amend-
ed. Buildings of every permitted type of construc-
tion shall comply with the applicable requirements of
the Building Code, as amended.
(b) Shelter. Every building shall be
weather-protected so as to provide shelter for the
occupants against the elements and to exclude exces-
sive dampness.
(c) Protection of materials. All wood shall
be protected against termite damage and decay as pro-
vided in the Building Code.
"Section 20-35. Heating, electricity, etc.
(a) Heating. Every dwelling unit and guest
room shall be provided with heating facilities
capable of maintaining a room temperature of 70 F.,
at a point three feet above the floor in all habit-
able rooms. Such facilities shall be installed and
maintained in a safe condition and in accordance with
the Building Code, as amended, the Mechanical Code,
as amended, and all other applicable laws. No unap-
proved fuel-burning heater shall be permitted. All
heating devices or appliances shall be of an approved
type.
(b) Electrical equipment. All electrical
equipment, wiring and appliances shall be installed
and maintained in a safe manner in accordance with
all applicable laws. All electrical equipment shall
be of an approved type.
Where there is electrical power available
within three hundred feet of the premises of any
building, such building shall be connected to such
electrical power. In every existing residence, each
room shall have a minimum of one duplex receptacle
for each 20 linear feet measured around the wall
space of the room. The linear measurement shall not
include doors and windows that reach to the floor.
Every habitable room, water closet compartment, bath-
room, laundry room, furnace room and hallway, except
living room, shall contain at least one supplied
electric light fixture. In addition or extensions to
existing buildings, the number and location of recep-
tacles shall comply with the National Electrical
Code.
(c) Ventilation. Ventilation for rooms and
areas and for fuel-burning appliances shall be pro-
vided as required in the Building Code, as amended,
the Mechanical Code, and in this chapter. Where
mechanical ventilation is provided in lieu of the
natural ventilation system, it shall be maintained in
an operable condition during the occupancy of any
building or portion thereof.
22
"Section 20-36. Exits generally.
Every dwelling unit or guest room shall have
access directly to the outside or to a public corri-
dor. All buildings or portions thereof shall be pro-
vided with exits, exitways and appurtenances as
required by the Building Code, as amended.
Every sleeping room below the fourth floor
shall have at least one window or exterior door
approved for emergency exit or rescue. Where windows
are provided, they shall have a sill height not more
than forty-eight inches above the floor.
Windows with an area of not less than five
square feet with no dimension less than twenty-two
inches shall be deemed to meet the requirements of
this section.
"Section 20-37. Fire protection
All buildings or portions thereof shall be
provided with the degree of fire-resistive construc-
tion as required by the Building Code for the appro-
priate occupancy, type of construction and location
on property or in fire zone and shall be provided
with the appropriate fire-extinguishing systems or
equipment required by the Building Code and the Fire
Code.
"PART B
DEFECTIVE CONDITIONS
"Section 20-38. Defective conditions
The following are defective conditions:
(a) In general, buildings or structures:
(1) Whenever any door, aisle, pas-
sageway, stairway or other
means of exit is not of suf-
ficient width or size or is not
so arranged as to provide safe
and adequate means of exit in
case of fire or panic;
(2) Whenever the stress in any
materials, member or portion
thereof, due to all dead and
live loads, is more than one and
one-half times the working
stress or stresses allowed in
the Building Code, as amended,
for new buildings of similar
structure, purpose of location.
(3) Whenever any portion of any
building or structure has been
damaged by fire, earthquake,
wind, flood or by any other
cause to such an extent that the
structural strength or
stability thereof is materially
less than it was before such
occurrence and is less than the
minimum requirements of the
Building Code, as amended, for
new buildings of similar struc-
ture, purpose or location;
23
(4) whenever any portion or member
or appurtenance thereof is
likely to fail, to become
detached or dislodged or to
collapse, thereby injuring
persons or damaging property;
(5) Whenever any portion of a
building or any member, appur-
tenance or ornamentation on the
exterior thereof is not of suf-
ficient strength or stability
or is not au anchored, attached
or fastened in place au as to be
capable of resisting a wind
pressure of one-half of that
specified in the Building Code
for new buildings of similar
structure, purpose location
without exceeding the working
stresses permitted in the
Building Code for such build-
ings;
(0) whenever any portion thereof
has ~zuuxed, warped, buckled,
twisted or settled to such an
extent that walls or other
structural portions have mater-
ially less resistance to winds
or earthquakes than is required
in the case of similar new con-
struction;
(7) Whenever the building or struc-
ture or any portion thereof,
because of (i) dilapidation,
deterioration or decay, (ii)
faulty construction, (iii) the
removal, movement or instabil-
ity of any portion of the ground
necessary for the purpose of
supporting such building, (iv)
the deterioration, decay or
inadequacy of its foundation or
(v) any other cause, is likely
to collapse partially or com-
pletely;
(8) Whenever for any reuonu the
^ building or structure or any
portion thereof is manifestly
unsafe for the purpose for
°biou it is being used;
(9) Whenever the exterior walls or
other vertical structural
members list, Ieso or buckle to
such an extent that a plumb line
passing through the center of
gravity does not fall inside
the middle one-third of the
base;
(lO) Whenever a supporting member,
ober than columns, of a build-
ing or structure is 33% or more
damaged or deteriorated or
there is 50w damage to or deter-
ioration of its nonsupporting
member, or a column is 100 or
more damaged or deteriorated;
24
(11) Whenever the building or struc-
ture has been so damaged by
fire, wind, earthquake or
flood, or has become so dilapi-
dated or deteriorated as to
become an attractive nuisance;
(12) Whenever any building or struc-
ture has been constructed,
exists or is maintained in
violation of any specific
requirement or prohibition
applicable to such building or
structure as provided by the
building regulations of this
City as specified in the Build-
ing Code, as amended, or in vio-
lation of any law of this State
or ordinance of this City rela-
ting to the condition, location
or structure of buildings;
(13) Whenever any building, struc-
ture or any member or portion
thereof does not have the fire-
resistant qualities and charac-
teristics or weather-resistant
qualities and characteristics
required by law in the case of a
newly constructed building of
like size, height and occupancy
in the same location;
(14) Whenever a building or struc-
ture, because of inadequate
light, air, sanitation facili-
ties or otherwise, is deter-
mined by the Health Director to
be unsanitary, unfit for human
habitation or in such a condi-
tion that it is likely to cause
sickness or disease;
(15) Whenever any building or struc-
ture, because of obsolescence,
dilapidated condition,
deterioration, damage, inade-
quate exits, lack of sufficient
fire-resistant construction,
faulty electric wiring, gas
connections or heating appara-
tus or other cause, is deter-
mined by the Fire Chief to be a
fire hazard;
(16) Whenever any building or struc-
ture is in such a condition as
to constitute a public nuisance
known to the common law or in
equity jurisprudence; and
(17) Whenever any portion of a
building or structure remains
on a site after the demolition
or destruction of the building
or structure, or whenever any
building or structure is aban-
doned for a period in excess of
six months so as to constitute
25
such building or portion there-
of an attractive nuisance or
hazard to the public.
(b) Structural hazards:
(1) Deteriorated or inadequate
foundations;
(2) Defective or deteriorated
flooring or floor supports;
(3) Flooring or floor supports of
insufficient size to carry im-
posed loads with safety;
(4) Members of walls, partitions or
other vertical supports that
are split or that lean, list or
buckle due to defective mater-
ial or deterioration;
(5) Members of walls, partitions or
other vertical supports that
are of insufficient size to
carry imposed loads with safe-
ty;
(6) Members of ceilings, roofs,
ceiling and roof supports or
other horizontal members which
sag, split or buckle due to de-
fective material or deteriora-
tion;
(7) Members of ceilings, roofs,
ceiling and roof supports or
other horizontal members that
are of insufficient size to
carry imposed loads with
safety;
(8) Fireplaces or chimneys which
list, bulge, lean or settle due
to defective material or deter-
ioration; and
(9) Fireplaces or chimneys which
are of insufficient size or
strength to carry imposed loads
with safety.
(c) Inadequate sanitation:
(1) Lack of or improper water
closet, lavatory, bathtub or
shower in a dwelling unit;
(2) Lack of or improper water
closets, lavatories, bathtubs
or showers per number of guests
in a hotel;
(3) Lack of or improper kitchen
sink;
(4) Lack of hot and cold running
water to plumbing fixtures in
hotel;
26
(5) Lack of hot and cold running
water to plumbing fixtures in a
dwelling unit;
(6) Lack of adequate heating facil-
ities;
(7) Lack of or improper operation
of required ventilation equip-
ment;
(8) Lack of minimum amounts of
natural light or ventilation
required by this chapter;
(9) Room and space dimensions less
than required by this chapter;
(10) Lack of required electrical
lighting;
(11) Excessive dampness of habitable
rooms;
(12) Infestation by insects, vermin
or rodents;
(13) General dilapidation or impro-
per maintenance;
(14) Lack of connection to required
sewage disposal system; and
(15) Lack of adequate solid waste,
garbage and rubbish storage.
(d) Hazardous wiring. All wiring except that
which conformed to applicable laws in effect at the
time of installation and which has been maintained in
good condition and is being used in a safe manner.
(e) Hazardous plumbing. All plumbing except
that which has been maintained in good condition and
which is free of cross connections and siphonage be-
tween fixtures, and S-traps or other improperly vent-
ed traps.
(f) Hazardous mechanical equipment. All
mechanical equipment, including vents, except that
which has been maintained in a good and safe condi-
tion.
(g) Faulty weather protection.
(1) Deteriorated, crumbling or
loose plaster;
(2) Deteriorated, missing, or inef-
fective waterproofing of exter-
ior walls, roof, foundation or
floors, including broken win-
dows or doors;
(3) Defective or lack of weather
protection for exterior wall
coverings, including lack of
paint or weathering due to lack
of paint or other necessary
protective covering; and
27
(4) Broken, rotted, missing, split
or buckled exterior wall cover-
ings or roof covering.
(h) Hazardous or unsanitary premises: Prem-
ises on which any accumulation of weeds, vegetation,
junk, organic matter, debris, garbage, offal, rat
harborages, stagnant water, combustible materials,
or similar materials or conditions exist are deemed
to be hazardous or unsanitary.
(i) Inadequate maintenance: Any building or
portion thereof which is an unsafe building under the
Building Code, as amended, is deemed to be evidence
of inadequate maintenance.
(j) Inadequate exits: All buildings or por-
tions thereof not provided with adequate exit facili-
ties as required by this chapter except those build-
ings or portions thereof whose exit facilities con-
formed with all applicable laws at the time of their
construction and which have been adequately maintain-
ed and increased in relation to any increase in occu-
pant load, alteration or addition, or any change in
occupancy.
When an unsafe condition exists through lack
of or improper location of exits, additional exits
may be required to be installed.
(k) Inadequate firefighting equipment: All
buildings or portions thereof which are not provided
with fire-extinguishing systems or equipment requir-
ed by this chapter, except those buildings or por-
tions thereof which conformed with all applicable
laws at the time of their construction and whose
fire-extinguishing systems or equipment has been ade-
quately maintained and improved in relation to any
increased in occupancy load, alteration or addition,
or any change in occupancy.
(1) Improper occupancy: All buildings or
portions thereof occupied for living, sleeping, cook-
ing or dining purposes which were not designed or
intended to be used for such occupancies."
SECTION 2.
That a new chapter of the Code of the City of Fort Worth,
Texas (1964) , as amended, be and the same is hereby enacted, and
after having been so enacted, shall hereafter read as follows:
28
"CHAPTER 20A.
"DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
"Section 20A-1. Department established
There is hereby established a department of
housing and community development, which department
shall be under the supervision of the director of the
department of housing and community development, who
shall be subject to appointment and removal by the
city manager. The salary of the director of the
department of housing and community development shall
be in accordance with the compensation plan of the
city. The director shall devote his entire time to
the work of his department and shall be responsible
to the city manager for the efficient administration
thereof. The director shall be authorized to ap-
point, employ and remove such officers, assistants,
employees and personnel as he may deem necessary for
the efficient administration of the affairs of the
department and prescribe and fix their duties, scope
of authority, and qualifications. All officers and
employees of the department of housing and community
development shall be governed by the same personnel
rules and classification and compensation plan as is
established for all other employees of the city.
"Section 20A-2. Reports.
The director of this department shall make or
cause to be made to the city manager and to the city
council an annual report and may at any time, either
on his own or upon request of the city council or
city manager, make special reports concerning the
housing and community development of the city, with
his observation and recommendations thereon, togeth-
er with all statistics concerning the department.
"Section 20A-3. Fees.
All fees collected by the department shall be
paid over to the city treasurer and deposited in the
general fund.
SECTION 3.
That this ordinance shall be cumulative of all provisions or
ordinances and the Code of the City of Fort Worth, Texas (1964) , as
amended, affecting housing, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordi-
nances and such Code, in which event, such conflicting provisions
of such ordinances and Code are hereby repealed.
SECTION 4.
That all rights or remedies of the City of Fort Worth,
Texas, are expressly saved as to any and all violations of the
provisions of Chapter 20 of the Code of the City of Fort Worth,
29
Texas (1964) , as amended, and of any other ordinance affecting
housing which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending liti-
gation, both civil and criminal, whether pending in court or not,
under such chapter and/or other ordinances same shall not be
affected by this ordinance but may be prosecuted until final dis-
position by the courts.
SECTION 5.
That any person violating any of the provisions of SECTION
1. , Chapter 20, Article II, Criminal Enforcement, of this ordinance
shall be deemed guilty of a misdemeanor, and each such person shall
be deemed guilty of a separate offense for each day or portion
thereof during which any violation of any of the provisions of
SECTION 1, Chapter 20, Article II, Criminal Enforcement, of this
ordinance is committed, continued, or permitted, and each violation
shall be punishable by a fine not exceeding two hundred dollars
($200.00) .
SECTION 6.
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
final decree of a court of competent jurisdiction, such voidness,
ineffectiveness or 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 herein of any such void, ineffec-
tive or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7.
That the City Secretary of the City of Fort Worth is hereby
authorized to publish that portion of this ordinance setting forth
the "Minimum Building Standards Code" in pamphlet form for general
distribution among the interested public, and such provisions of
this ordinance as so published shall be admissible in evidence in
30
all courts without further proof than the production of said pamph-
let, as provided in Section 3, Chapter XXVI of the Charter of the
City of Fort Worth. The City Secretary shall also publish this
ordinance in the official publication of the Code of the City of
Fort Worth, Texas, as Chapter 20 and Chapter 20A thereof.
SECTION 8.
That the City Secretary of the City of Fort Worth is hereby
directed to publish the caption, penalty clause and effective date
of this ordinance for five (5) days in the official newspaper of the
City of Fort Worth, as authorized by Article 1176b-1, Revised Civil
Statutes of Texas.
SECTION 9.
That the City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the cap-
tion and penalty clause of same in the minutes of the City Council
of Fort Worth and by filing the ordinance in the ordinance records
of said City.
SECTION 10.
That this ordinance shall be in full force and effect from
and after the date of passage and publication as above specified.
APPROVED AS TO FORM AND LEGALITY:
C' y Attor ey
ADOPTED: ZiyOz-,c-� Z 72
EFFECTIVE:
31
FILE B,LARUI City of Fort Worth, Texas
HERCHERT O'DELL Mayor and Council Communication
BAILIFF ROBINSON
SMITH DATE REFERENCE SUBJECT: Amendment of Chapter 20, PAGE
NUMBER
Minimum Building Standards Code 1
JONES 11 7 79 G-4369 ' °'
p.EIERSEN
During the fifteen years since its enactment, the Minimum Building Standards Code
hap, eeiR subjected to thorough examination under both its legal and administrativ
u asps tq. As a result, numerous minor problems have come to light: (1) Some
elements in the language of the existing ordinance have made prosecution (hence
enforcement) very difficult; (2) Some. of the procedures of the Department of
Housing and Community Development have been changed; (3) Changing building
standards have necessitated some changes, especially in the definition of newer
concepts. The City has, therefore, recently functioned under a basi6`a`X1-y- sound
ordinance with some nagging flaws. The proposed ordinance is an attempt to
rejuvenate the existing Chapter 20 by addressing the above stated problems yet
leaving the existing act substantially unchanged.
The prosecution of violations has been -simplified by broadening the concept of
ownership to enable the City to identify and prosecute the proper violators of
this ordinance. In addition, some activities which the former ordinance made
exceptions have now been made defenses. This is a procedural simplification
whereby the City does not have to disprove all the possible defenses before it
can enforce the Code.
The Departmentof Housing and Community Development has instituted a few changes
in their procedures hince 1964 (e.g. , time limits) . The new ordinance will
merely reflect those changes presently in existence.
Many of the universal standards and concepts in the housing area have changed in
fifteen years and the proposed Chapter 20 would reflect those changes.
The proposed Chapter 20 should greatly simplify and strengthen the enforcement
and administration of minimum building standards for the City of Fort Worth.
Recommendation
.It is recommended that the City Council adopt the attached proposed am-ftdment
of Chapter 20.
ARP:plg
Attachment
SUBMITTED FOR THE
CITY MANAGER'S _DLSPOSITI0EBY COUNCIL: PROCESSED BY
OFFICE BY: APPROVED
ORIGINATING ADOPTED ORDIRRI G T16. Q
DEPARTMENT HEAD: Arthur Petersen SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Walter Leonard Ext. 6725 E7 7
_ g
a
10000-002► City of Fort Worth, Texas REVIEW i ROUTING
RECOMMENDED M&C COMMUNICATION ❑ ?-pared By
❑ R..i...d g,
D•aa.'w..e—X.ed I
Department Law Date 10-23-79 I Page 1 ❑ B—d R..i..
Of ❑ B.dat Ann....i
F.lg.i D4.ee.
Subject: ❑ A••...ri.g Ayy...i
Amendment of Chapter 20, ❑ D—dii..
Minimum Building Standards Code ❑ App,O d By OZA
A,.W..t City M...g..
❑ O.R.F.,Trying
P-1 Reed By
K.wb..
During the fifteen years since its enactment, the Minimum Build-
ing Standards Code has been subjected to thorough examination under
both its legal and administrative aspects. As a result, numerous
minor problems have come to light: (1) Some elements in the language
of the existing ordinance have made prosecution (hence enforcement)
very difficult; (2) Some of the procedures of the Department of Hous-
ing and Community Development have been changed; (3) Changing building
standards have necessitated some changes, especially in the definition
of newer concepts. The City has, therefore, recently been burdened
with a basically sound ordinance with some nagging flaws. The pro-
posed ordinance is an attempt to rejuvenate the existing Chapter 20
by addressing the above stated problems yet leaving the existing act
substantially unchanged.
The prosecution of violatio as been simplified by broadening
the concept of ownership to enable the City to identify and prosecute i
the proper violators of this ordinance. In addition, some activities
which the former ordinance made exceptions have now been made defenses.
This is a procedural simplification whereby the City does not have to
disprove all the possible defenses before it can enforce the Code.
The Department of Housing and Community Development has insti-
tuted a few changes in their procedures since 1964 (e.g. , time limits) .
The new ordinance will merely reflect those changes presently in
existence.
Many of the universal standards and concepts in the housing area
have changed in fifteen years and the proposed Chapter 20 would re-
flect those changes.
The proposed Chapter 20 should greatly simplify and strengthen
the enforcement and administration of minimum building standards for
the City of Fort Worth.
Recommendation:
It is recommended that the City Council adopt the proposed
amendment of Chapter 20.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Appointments to the Building PAGE
NUMBER Standards Commission Iof 1
12/4/79 G-4390
The City Council at its meeting November 7, 1979 (M&C G-4369), adopted Ordinance
No 8006, an amendment to Chapter 20, The Minimum Building Standards Code. Part C
Section 20-8, of Ordinance No. 8006 established a Building Standards Commission.
According to Section 20-9, the Commission shall consist of nine members, each
of whom shall be a duly qualified elector and resident of the City. Commissioner
shall be appointed by the City Manager with the approval of the City Council.
The following list of names are submitted for appointment to the Building
Standards Commission:
Place 1 Dorothy Davis 12-1-80
Place 2 Durwood McDonald 12-1-81
Place 3 John Q. Melcher 12-1-80
Place 4 Ralph LeMond 12-1-81
Place 5 A. L. Purvis 12-1-80
Place 6 Victoria Ann Cervantez 12-1-81
Place 7 Dovie Webber 12-1-80
Place 8 Armando Hernandez 12-1-81
Place 9 William T. Palmer 12-1-80
It is recommended that Places 1, 3, 5, 7,and 9 be appointed for a term of one
year to expire December 1, 1980,and Places 2, 4, 6, and 8 be appointed for a
term of two years to expire December 1, 1981.
Recommendation
It is recommended that the City Council approve the above appointments to the
Building Standards Commission.
GG:p lg
SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S
OFFICE BY: ElAPPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Olen O'Dell CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Dallas Holland, Ext. 7330 DATE