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HomeMy WebLinkAboutOrdinance 3498 ORDINANCE NO. AN ORDINANCE ESTABLISHING A BUILDING AND HOUSING STANDARDS CODE FOR THE CITY OF FORT WORTH, DEFINING TERMS, PROHIBITING STRUCTURES FROM BEING CONSTRUCTED, RECONSTRUCTED, ALTERED, REPAIRED OR OCCUPIED THAT ARE NOT IN CONFORMITY WITH THIS UJDE, CREATING A BUILDING STANDARDS COMhIISSION, DEFINING ITS POWERS AND AUTHORITY AND PROVIDING FOR PROCEDURES TO BE FOLLOWED FOR ENFORCEMENT OF THIS ORDINANCE, PROVID- ING FOR HEARINGS AND APPEALS FROM THE ORDERS OF THE BUILDING STANDARDS COMIUSSION, PROVIDING FOR A CER- TIFICATE OF VARIANCE, PROVIDING FOR THE REPAIRS OF NONCONFORMING STRUCTURES, PROVIDING A PENALTY CLAUSE, PROVIDING THAT THE CITY ATTORNEY SHALL ENFORCE THE PROVISIONS HEREOF, PROVIDING A RIGHT OF APPEAL TO THE COURT, PROVIDING A SAVINGS CLAUSE, A REPEALING CLAUSE, AND PROVIDING FOR PUBLICATION AND AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. Definitions - For the purpose of this mode and ordinance, the follow- ing definitions shall be applicable: 1. "Dwelling" shall wean any house or building which is occupied or intended to be occupied in whole or in part as a home, residence or sleeping place of one or more human beings, either permanently or transiently. 2. "Dwelling Unit" shall mean any room or group of rooms located within a dwelling as hereinabove defined, with facilities for "regular" cook- ing, and occupied or intended to be occupied as a home, residence or sleeping place, except buildings used primarily for commercial purposes where the occu- pant is the custodian of the building. 3. "Owner" shall mean any person, firm or corporation who, alone or jointly or severally with others, shall be the title holder or shall be in actual possession of, or have charge, care, management or control of, any dwelling or dwelling unit within the city; or an employee or agent of such person, firm or corporation, or a trustee or guardian of the estate or person of the title holder; and such person or persons shall be deemed to be the owner or owners of such property within the intent and meaning of this ordi- nance and shall be bound to comply with the provisions of this ordinance to the same extent as the record owner. Notice to any such person or persons of any order of decision of the Building Standards Commission, or its autho- rized representative, shall be deemed to be a good and sufficient notice as if such person or persons were actually the record owner or owners of such property. 4. "Occupant" shall mean any person who, as owner, tenant, licensee, trespasser or otherwise is in exclusive or partial possession of or living upon the premises. 5• "Habitable Building" shall mean any structure or part thereof with walls and a roof that shall be used or intended to be used as a home or place of abode by one or more persons. 6. "Habitable doom" shall mean every, room in any building in which persons sleep, eat, or carry on their usual domestic or social vocations or avocations, but shall not include private laundry, bathrooms; toilets, pan- tries, store rooms, corridors or other similar places not used by persons frequently or for extended periods. 7. "Basement" shall mean that portion of a building which is below grade or partly below and partly above grade, the ceiling of which is less than four feet above the average grade of the adjoining ground. B. "Ventilated"- shall mean that a window or windows in a room open directly to the outside air and that the total area of such window or windows is not less than 10% of the floor area of the room; or that an air condition- ing unit is installed having such size and capacity and being in such proper working condition as to accomplish circulation of four changes of air per hour and not less than one change per hour of outside air. 9. "Water Supply shall mean a continuous available, dependable source Of water under reasonable pressure to meet the reasonable demands of the occupants. 10. "Sub-standard" shall mean that a building or structure is in violation of the terms of this ordinance in one or more respects. SECTION II. No building, house, dwelling or dwelling unit in the City of Fort Worth shall hereafter be constructed, reconstructed, altered, repaired or occupied that does not comply with the following provisions. 1. Water Supply and Plumbing: Every dwelling unit shall have a con- nection to a water supply and shall have a kitchen sink. There shall be at least one toilet or water closet, one lavatory and one bath tub or shower in every dwelling unit and an additional such facility for every ten persons or fraction thereof dwelling therein in excess of ten persons. Such facility shall be in a separate enclosed room located within and accessible from within the building. 2. Responsibility for Plumbing Repair: In case of rented property, normal wear and tear to the plumbing system shall be the responsibility of the owner thereof. In the event of exclusive one family use of the plumbing system, the occupant shall be required to keep all sewer lines clear and free from obstruction and in proper working order; otherwise the owner shall have full responsibility thereof. 3. Electric Outlets and Ventilation in Bathrooms: Every toilet and every bathroom in a dwelling shall have at least one electric outlet in either the ceiling or wall, if electricity is available within 300 feet of the dwelling, and shall be ventilated. 4. Electric Outlets in Habitable Rooms: Every habitable room shall have at least (a) one ceiling electric outlet and one duplex wall or floor outlet, or (b) two duplex wall or floor outlets, if electricity is available within 300 feet of the dwelling. 5. Basement or Cellar: The basement or cellar of every dwelling and dwelling unit shall be kept dry and ventilated and free from rubbish accumu- lation and vermin and rodent infestation. 6. Heating: Every dwelling and every dwelling unit shall be construc- ted and maintained so that it is possible to heat all habitable rooms and bathrooms to a temperature of 70 degrees Fahrenheit at a distance of three feet above the floor level in the center of the room when outside air temper- ature is 20 degrees Fahrenheit and shall have heating facilities which are installed and maintained in proper working condition to accomplish this re- quirement. 7. Dampness: The floors, ceilings and walls of every dwelling and every dwelling unit shall be kept free from dampness resulting from leakage through walls, roof or floor. 8. Ventilation: Every habitable room in a dwelling or dwelling unit shall, contain a window or windows opening directly to the outside air, and the total area of such window or windows shall not be less than 10% of the floor area of such room. All window sashes shall be glazed and provided with suitable hardware and shall be made to open to the extent of not less than 5% of the floor area of such room. In the event that air conditioning is the medium by which ventilation is obtained, the air conditioning unit shall be of such size and capacity and kept in proper working condition so as to accomplish four changes of air per hour circulation and not less than one change per hour of outside air. 9. Basement Dwelling Units: The use of basements as dwelling units is hereby prohibited. 10. Space Requirements. Every dwelling and every dwelling unit shall contain at least 150 square feet of floor space for one occupant and 100 square feet of floor space for each additional occupant thereof, the .floor space to be calculated on the basis of total habitable room area. In every dwelling or dwelling unit of two or more grooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occu- pant thereof. For purposes of this paragraph, children under 12 years of age shall be deemed to be one-half of one occupant. These space requirements shall not apply to mobile homes located in parks approved by the Director of Public Health and Welfare. 11. Entrances: Each dwelling unit shall have a separate access either to a hallway, landing, stairway, stair or the outside. 12. Drainage: All courts, yards or other areas on the premises of any dwelling shall be graded and drained. 13. Screens: All exterior openings shall be provided with screens which prevent entry of flies and other insects. 14. Fences: All fences shall be so constructed and maintained as to support their own weight. 15. Accessory Buildings: Accessory buildings, shacks, lean-tos, and other buildings shall be so constructed as to support their own weight and shall be kept in good repair. SECTION III. There is hereby created a Building Standards Commission to be composed of nine members, each of whom shall be a resident of the City of Fort Wort]¢, who shall be appointed by a majority vote of the City Council. Three members of the first Commission created hereunder shall be appointed for terms of one year, three members for two years and three members for three years, and annu- ally thereafter three members shall be appointed for terms of three years or until their successors are appointed. As near as practical they shall be qualified-in one or more of the fields of fire prevention, building construc- tion, real estate, sanitation, health and public safety. In addition to said nine members, the Fire Marshal, Chief Building Inspector, and Chief Sanitary Officer of the City of Fort Worth shall be ex-officio non-voting members of the Building Standards Commission. Any City employee in the respective de- partment or division of the City, who shall be designated by the City Manager shall be authorized to act as substitute for his superior ex-officio member of such Commission. It shall be the duty of the ex-officio members of such Commission to inspect all buildings or structures reported to be or believed to be substandard and to present a report of such inspection to the Building Standards Commission, which Commission shall, except in cases of emergency as hereinafter set forth, notify the proper party of the intention of such Commission to hold its hearing and follow the procedure hereinafter provided. SECTIM IV. Buildings or structures which are in violation of this ordinance may be ordered to be, and shall be, vacated, repaired, or demolished under the following procedure: A. Emergency Procedure - When there exists an emergency as defined in Paragraph 1 of this subsection A, the following procedure shall be taken: 1. When it shall appear that a building or structure in the City of Fort Worth is in violation of the terms of this ordinance and that such build- ing or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a condition justi- fying the use of emergency measures, and the City Council upon the recommen- dation of the Building Standards Commission may order any one or more of the following emergency measures to be taken.- (a) Immediate vacation of such building, structure, and/or ad- joining buildings or structures. (b) Immediate vacation of the area around such buildings or structures. (c) Such emergency shoring-up and bracing of walls, roofs and supports as are required to render such buildings or structures safe. (d) Destruction of such walls, roofs and supports or the entire structure or so much thereof as cannot be braced or made secure with safety. (e) Posting of notices on or near such building or structure, or buildings or structures, notifying the public of such orders and ordering all persons to keep out of such building, buildings, structure or structures and the areas of danger surrounding it or them. 2. When any of the above mentioned measures are ordered to be taken, notice of such order shall be given as follows: (a) Such order shall be directed to the owner of such substandard building or structure, or his authorized representative, if the same shall be known. Where notification can be accomplished without increasing the danger to life or property, notice shall be given by personal service on the owner of the building or structure, or his said representative, if the same shall be known. (b) In the event the City Council should determine that such notification would create such delay as would materially increase the danger to life or property, then such notice need not be given. 3. In the event the City Council should determine that such notifica- tion would create such delay as would materially increase the danger to life or property, or in the event such notice is given and the owner or his repre- sentative shall refuse or fail to carry out such order or shall fail to carry out such order satisfactorily, then, in either such event the City Council may proceed to carry out such measures either by private contract or through an agency of the City. B. Normal Procedure - Where an emergency does not exist, the following procedure may be taken: 1. When it shall come to the notice of the Building Standards Commis- sion that a building or structure in the City of Fort Worth is in violation of the terms of this ordinance, the Commission may cite the owner of such building or structure, or his authorized agent or representative, to appear and show cause why such building should not be declared to be a substandard building and why he should not be ordered to vacate, repair, or destroy it. The date of such hearing shall be not less than ten (10) days after such cita- tion shall have been served. 2. Such citation may be served by delivery of a copy thereof to the owner or the person in possession, or, if such premises be unoccupied, by posting a copy of such citation at the door or entrance to such building or structure. 3. On the basis of such hearing held in accordance with such citation, the Building Standards Commission shall determine whether or not such build- ing or structure is a substandard building or structure, and if it is deter- mined that such is a substandard building or structure, then the Commission shall make such determination known to the City Council and recommend issuance by the City Council of such orders as shall appear reasonably necessary to prevent the said building or structure from being a hazard to life or property and to eliminate its substandard qualities. The City Council may also declare it unlawful for any substandard building or structure to be occupied for purposes of habitation until its substandard qualities have been eliminated. 4. The owner of any substandard building or structure, or his autho- rized representative, may appeal to the City Council from the decision of the Building Standards Commission by giving notice thereof within ten (10) days from date of said decision, and the City Council may hold such hearings and hear such evidence as it may desire to determine whether or not such building or structure is substandard and in violation of this ordinance. SECTION V. Any person, firm, association or corporation who owns, occupies or has a real interest in any building, dwelling or structure located within the City of Fort Worth, which building, dwelling or structure is in viola- tion of one or more of the provisions of Section II of this ordinance may make application to the Building Standards Commission for a certificate of variance from the terms and provisions of the said Section II. Such certi- ficate may be granted by the Building Standards Commission after hearing as hereinafter provided upon proper application as hereinafter provided. The following provisions shall govern the application for and granting of certi- ficates of variance under the terms and provisions of this ordinance. 1 1. The applicant shall make his application to the Building Commissioner of the City of Fort Worth. 2. Such application shall state the name and address of the applicant, the location and description of the building, the name and address of the owner of the building, the specific provision of the building standards code from which a variance is requested, the number of persons who will occupy the building if the certificate of variance be granted and shall be signed by the applicant or his legal representative. 3. Upon receipt of an application for a certificate of variance, the Building Commissioner will issue, or cause to be issued, notices to all pro- perty owners within two hundred feet (200t) of the premises under considera- tion. For the purposes of this provision it shall be deemed sufficient if the Building Commissioner shall mail or deliver the notice herein provided to the persons shown upon the last preceding tax rolls of the City of Fort Worth as being the owners of the property within two hundred feet (2001) of the premises under consideration. 4. The notices provided herein shall state the names of the owner and prospective occupants of the premises under consideration, the type of variances requested and shall state the time and place of the hearing. 5. Hearings upon applications for certificates of variances shall be held at such place and at such hour as the Building Standards Commission shall provide, but in no event shall any hearing upon such application be held before twenty (20) days have elapsed since the filing of such applica- tion and notification to adjoining property owners. 6. At the hearing upon such application, the Building Standards Com- mission shall take testimony and hear evidence from both the proponents and opponents of the application. At the conclusion of such testimony and evi- dence, if the Building Standards Commission, by majority vote, be of the opinion that the granting of the certificate of variance will not endanger the health, welfare, safety or morals of the community and that it will not hinder and impair the enforcement of the intention of this ordinance and code, then such Commission shall authorize the Building Commissioner of the City of Fort Worth to deliver to the applicant a certificate of variance from the terms and provisions of this ordinance and code. 7. Each certificate of variance so issued shall state the name or names of the owner of the premises and the number of occupants thereof, as well as the particular provision of Section II of this ordinance for which the certificate is issued. No certificate of variance shall be transferrable. B. Any person aggrieved by the action of the Building Standards Com- mission upon any application for a certificate of variance may appeal such decision to the City Council of the City of Fort Worth upon the giving of notice to the Building Standards Commission or the Building Commissioner within ten (10) days from the date of the entry of the decision. In the case of an appeal to the City Council, it shall hear and consider the application for variance de novo. SECTION VI. In the case of buildings, structures or dwellings which are in existence upon the effective date of this ordinance, such buildings, structures and dwellings shall be considered to be non-conforming under the terms of this ordinance, and no such building may be in any manner repaired, remodeled, re- constructed nor shall it be occupied by persons not in actual occupancy thereof at the time of the passage of this ordinance, unless and until such building, structure or dwelling is made to comply with all of the terms and provisions of this ordinance. SECTION VII. Any person, firm, association or corporation which shall violate any of the foregoing provisions shall be deemed guilty of a misdemeanor and upon conviction shall be .fined in a sum not exceeding Two Hundred Dollars ($200.00). Each days violation shall constitute a separate offence. It shall be cony sidered a violation of this ordinance and code for any person, firm, association or corporation to allow or permit the occupancy or use of any building, dwell- ing or premises of which it is the owner in the City of Fort Worth that is in violation of any of the terms or provisions of this ordinance and code. SECTION VIII. It shall be the duty of the City Attorney of the City of Fort Worth to enforce the orders of the City Council, upon appeal, by filing action in the appropriate court of this State, when so authorized by the City Council. SECTION IX. It is not the intent of this ordinance to declare, and it does not so declare, anything to be a nuisance which is not such in fact. Any person to whom any order is directed or against whose property any action is taken or proposed to be taken under the terms and provisions of this ordinance shall have the right to appeal such order or action to any court having jurisdiction thereof. SECTION X. If any articles, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of the ordinance as a whole or any part of a provision thereof other than the part adjudged to be invalid or unconstitu- tional. SECTION XI. All other ordinances or part of ordinancesin conflict with this ordi- nance are hereby repealed. SECTION XII. This ordinance shall be published for five (5) days in the Fort Worth Press, a daily newspaper, published in the City of Fort Worth in accordance with the provisions of Section 2, Chapter XXVI of the City Charter. SECTION %III. This ordinance shall become effective and be in full force and effect from and after its passage and publication as provided by law. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ORDINANCE N®� Titl 4 %' " Date Filed e::F Day of rr= �v zz 19 City Secretary Cam.,,•%�.;�-��`�' ;� 'f '�- .� i P.O.No.25449-U ,