HomeMy WebLinkAboutOrdinance 7095 f
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, "HOUSING",
OF THE CODE OF THE CITY OF FORT WORTH (1964) ,
AS AMENDED, BY AMENDING SECTION 20-18 THEREOF,
BY AMENDING THE NOTICE AND ORDER REQUIREMENTS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMU-
LATIVE OF ALL PROVISIONS OF ORDINANCES AND OF
SUCH CODE AFFECTING HOUSING; PROVIDING FOR
REPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENAL
CLAUSE; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH:
SECTION 1.
That Section 20-18 of Chapter 20 of the Code of
the City of Fort Worth (1964) , as amended, be and the
same is hereby amended to read as follows:
"Whenever the Housing Offical has
inspected or caused to be inspected
any building and has found and deter-
mined that such building or structure
is substandard, as hereinafter defined,
he shall commence proceedings to cause
the repair, vacation or demolition
thereof.
In commencing such proceedings, the
Housing Official shall issue a notice
and order directed to the owner of the
building or structure. The notice and
order shall contain substantially the
following:
1. The street address and description
sufficient for identification of the
premises upon which the building is
located;
2 . A statement that the Housing Official
has found the building to be sub-
standard, with a general description
of the conditions found to render
the building substandard under the
provisions of Section 20-42 of this
chapter.
3. A statement of the action required
to be taken as determined by the
Housing Official:
(i) If the Housing Official has
determined that the building or
structure must be repaired, the
order shall require that all neces-
sary permits be secured therefor
and the work physically commenced
within not to exceed sixty (60) days
from the date of the order and com-
pleted within such time as the
Housing Official determines is
reasonable under all the circumstances;
(ii) If the Housing Official has deter-
mined that the building or structure
must be vacated, the order shall
require that the building or struc-
ture be vacated within a time certain
from the date thereof; and
(iii) If the Housing Official has deter-
mined that pursuant to the provisions
hereof, the building or structure
must be demolished, the order shall
require that the building or struc-
ture be vacated within a time certain,
which time certain shall not exceed
sixty (60) days from the date of the
order; that all required permits be
secured therefor within sixty (60)
days from the date of the order; and
that the demolition be completed
within such time as the Housing
Official shall determine is reasonable;
4. Statements advising that if any re-
quired repair or demolition work
(without vacation also being required)
is not commenced within the time
specified, the Housing Official will
order the building vacated and
posted to prevent further occupancy
until the work is completed.
5. Statements advising (1) that any per-
son having title to or a legal
interest in the building may appeal
from the notice and order or any
action of the Housing Official to
the Building Standards Commission,
provided that such appeal is made in
compliance with the applicable
provisions of this chapter and
filed in the Office of the Housing
Official within thirty (30) days
from the date of service of such
notice, and (ii) that failure to
appeal within such thirty (30) day
period shall constitute and be
deemed to be a waiver of the right
to appeal same.
SECTION 2.
That this ordinance shall be cumulative of all
provisions of ordinances and of the Code of the City
of Fort Worth (1964) , as amended, affecting housing,
except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances
and such Code, in which event such conflicting provi-
sions of such ordinances and such Code are hereby
repealed.
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 provisions of Chapter 20 of the Code
of the City of Fort Worth (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
litigation, 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 disposition by the courts.
aEzrzmm 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, cIaoae, sentence, para-
graph or section of this ordinance shall be declared
void' ineffective or unconstitutional by the valid
judgment or final decree of u court of competent juris-
diction, such voidness, ineffectiveness or unconstitu-
tionality ebaII not affect any of the remaining pbraara'
cInoaea' oeuteuc*a' paragraphs and sections of this
ordinance, since the same would have been enacted by
the city ou"ociI without the incorporation herein of
any such void' ineffective or unconstitutional phrase,
clause, aeuteuce, paragraph or section.
oEcrzmn 5.
That any person violating any of the provisions
of this ordinance shall be deemed nniIty of a misde-
meanor, and each such person abaII be deemed guilty of
a separate offense for each day or portion thereof
during which any violation of any of the provisions of
this ordinance is committed' continued or Dermitted,
and each violation shall be pouinbauIe by a fine not to
exceed Two Hundred Dollars <$200'00> '
SEczzmn a-
Tbat this ordinance shall be in rnIl force and
effect from and after the date of its passage and pub-
lication as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Adepfed November
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Correction to Ordinance PAGE
NUMBER No. 6650 - Minimum Building Standards 1
Code
11/18/74 G-2564 for
)WE
On March 20, 1972, the City Council adopted Ordinance No. 6650, the Minimum
)HN�ROE Building Standards Code. This ordinance became effective on May 1, 1972.
A typographical error was made in Section 20-18 of this code which has
resulted in dismissal by the courts of otherwise valid substandard housing
cases. The ordinance provides that a notice must be provided the property
owner including several items of information including:
"A statement that the Housing Official has found the building to
be substandard, with a general description of the conditions found
to render the building substandard under the provisions of
Section 20-43 of this chapter."
The reference should have been to Section 20-42.
Recommendation
It is recommended the City Council adopt an ordinance amending the Minimum
Building Standards Code to correct this typographical error.
RNL:ms
SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY
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CITY MANAGER /
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