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HomeMy WebLinkAboutOrdinance 5170 ,j ORDINANCE NO. AN ORDINANCE REGULATING UNSAFE AND HAZARDOUS OFFICIAL RECORD COMMERCIAL BUILDINGS IN THE CITY; DEFINING CITY SECRETARY TERMS; ESTABLISHING A COMMERCIAL BUILDINGS STANDARDS BOARD AND PRESCRIBING ITS DUTIES FT. WORTH, TEX. AND TERM OF OFFICE; PROVIDING PROCEDURES FOR THE NOTICE TO OWNER OF UNSAFE AND HAZARDOUS COMMERCIAL BUILDINGS; PROVIDING FOR CONDEM- NATION PROCEEDINGS TO BE INSTITUTED FOR THE ABATEMENT OF NUISANCES RESULTING FROM UNSAFE AND HAZARDOUS BUILDINGS; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; MAKING THIS ORDI- NANCE CUMULATIVE OF OTHER ORDINANCES REGULAT- ING COMMERCIAL BUILDINGS; PROVIDING A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. This ordinance shall be known as the "Commercial Buildings Standards Ordinance." SECTION 2. DEFINITIONS: For the purpose of this ordinance the following terms shall have the meanings respectively ascribed to them by this section: 1. "Commercial building." - Any building or structure used or designed to be used, in whole or in part, for re- tail or wholesale business, industrial, manufacturing, warehousing, religious, educational, amusement or enter- tainment purposes. 2. "Unsafe and hazardous building." - Any commer- cial building or structure in or about which any or all of the following conditions exist: (a) Interior walls or other vertical struc- trual members list, lean or buckle to such an ex- tent that a plumb line passing through the center of gravity of such wall or member falls outside of the middle one-third of its base. (b) Damage or deterioration exists to thirty- three percent or more of the supporting member or members, or to fifty percent of the nonsupporting enclosing or outside walls or covering, exclusive of the foundation. (c) Loads on floors or roofs are improperly distributed, or the floors or roofs are of insuf- ficient strength to be reasonably safe for the pur- pose used. (d) Damage by fire, wind or other cause has rendered the building or structure dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city. (e) The building or structure is so dilapi- dated, decayed, unsafe, unsanitary or otherwise lacking in the amenities essential to decent living that same is unfit for human habitation or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety or general welfare of those persons assembled, working or living therein. (f) Light, air and sanitation facilities are inadequate to protect the health, morals, safety or general welfare of persons who assemble, work or live therein. (g) Stairways, elevators, fire escapes, and other facilities for egress in case of fire or panic are inadequate. - 2 - (h) Parts or appendages of the building or structure are so attached that they might fall and injure persons or property. (i) A condition exists in violation of any provision of the Building Code, the Fire Prevention Code, or any other applicable ordinance of the City, which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals or welfare of the people of the City. SECTION 3. All "unsafe and hazardous buildings" are hereby declared to be public nuisances, and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure hereinafter provided. SECTION 4. The Building Official shall examine or cause to be examined every building, structure or portions thereof reported to be unsafe or dangerous, and if such building or structure, or any portion thereof is found to be unsafe or dangerous, the Building Official shall give to the owner, agent or person in charge of such building or structure written notice, stating the nature of the defect and the repairs re- quired. Such notice shall require the owner, agent or person in charge of the building or premises to commence either the required repairs or improvements or the demolition and removal of the building or structure or portions thereof within the time stated in the notice, and all such work shall be completed within a reasonable time from the date of the notice. If deemed necessary by the Building Official, such notice may also require the building, structure or portion thereof to - 3 - 01 be vacated immediately and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official. Except in cases of emergency as hereinafter provided for, service of such notice shall be by personal service upon the owner, agent or person in charge of the premises, if he shall be found within the city limits. Such service may be made by registered mail, provided that if such notice is by registered mail, the designated period within which said owner, agent or person in charge is required to comply with the order of the Building Official shall begin as of the date such notice is deposited in the United States Mail. SECTION 5. There is hereby created a Commercial Building Standards Board, which shall consist of a registered architect, a registered professional engineer and a building contractor, all of whom shall be appointed by the City Council. All members of the Board shall be bona fide residents of the City and shall serve without pay for a term of two years, or un- til their successors are appointed and qualified. SECTION 6. Where notice has been given in compliance with the provisions of Section 4 of this ordinance and the owner, agent or person in charge of the building or structure refuses or fails to comply with such notice, the Building Official shall cite the owner, agent, or person in charge to appear before the Commercial Building Standards Board to show cause why said Board should not recommend to the City Council that said building or structure be declared a public nuisance and subject to condemnation. After hearing, the Board shall make such further investigation of the building or structure as by it deemed necessary, and shall report - 4 - its findings and recommendations to the City Council. SECTION 7• If condemnation is recommended by such Board, the Building Official shall cite the owner, agent or person in charge of such build- ing or structure to appear before the City Council to show cause why such building or structure should not be declared a public nuisance and subject to condemnation. Upon hearing, if the City Council finds that said building or structure constitutes a nuisance, then the Council shall instruct the Department of Law to proceed in a court of competent ,jurisdiction with condemnation or such other action as may be required for the abatement of said nuisance. SECTION 8. If in the opinion of the Building Official, the public safety requires immediate action for the removal of a building or structure in an unsafe or dangerous condition, the Building Official may enter the premises with such assistance as may be necessary and cause such structure to be made secure or taken down without delay, at the expense of the owner or party interested. Costs incurred in the securing or removing of the building or structure shall be paid out of the City Treasury, and shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located. Such costs shall be collected in the manner provided for special assessments. SECTION 9• In the event condemnation proceedings have been authorized or the Building Official has found that emergency action is required the - 5 - Building Official shall cause to be posted at each entrance to such building a notice to read, "DANGEROUS" DO NOT ENTER - UNSAFE TO OCCUPY Building Inspection Division, City of Fort Worth Such notice shall remain posted until the required repairs, demolition or removal is completed and said premises have been rendered safe. Such notice shall not be removed without written permission of the Building Official, and no person shall enter the building or structure except for making inspections or required repairs, or to demolish such building or structure. SECTION 10. The members of the Fire and Police Departments shall make a report in writing to the Building Official of any building or structure which is, may be, or is suspected to be "unsafe and hazardous." Such report shall be delivered to the Building Official within 24 hours of the discovery of such building by any member of the Fire or Police Departments. SECTION 11. Any person, firm, corporation, association or partnership vio- lating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Two Hundred Dollars ($200.00). Each and every day such violation shall continue shall constitute a distinct and separate offense. This penalty shall be in addition to any other penalties or provisions of this ordinance. SECTION 12. Should any section, clause or provision of this ordinance be declared by a court of competent ,jurisdiction to be invalid, the same - 6 - shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be invalid. SECTION 13. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 14. This ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: City Attorney City of ,fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Proposed Ordinance Regulating PAGE 5/11/64 NUMBER G-644 Unsafe and Hazardous Commercial Building Iof 1 In accordance with a request of the City Council, the attached ordinance has been prepared by the Legal Department, in cooperation with the Building Com- missioner, providing for the regulation of unsafe and hazardous commercial buildings within the city. In addition to establishing standards and conditions to be used in the determina- tion of an unsafe and hazardous commercial building by the Building 'Official, the ordinance establishes a procedure for the notification of the owner or agent of such a building that repairs or demolition of- the building must be completed within a reasonable time. A Commercial Building Standards Board, consisting of a registered architect, a registered professional engineer and a building contractor, appointed by the City Council for two year terms of office, is also established by the proposed ordinance. In the event the owner of a building or structure who has been given notice to make repairs or to demolish an unsafe commercial building fails to comply with the notice within the time stated, the Commercial Building Standards Board is responsible for conducting a hearing at which time the owner of the building is to appear before the Board to show cause why the Board should not recommend to the City Council that the building be declared a public nuisance and subject to condemnation. If, after investigation by the Board, condemnation is recommended by the Board to the City Council, a second hearing before the City Council is provided at which time the City Council may declare the building to be a public nuisance and instruct the Legal Department to proceed with condemnation of the building. City Council consideration of the proposed ordinance is requested. ,%B:GA attach OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY ROXPPROVED HER (DESCRIBE) 1TY�ARY DATE CITY MANAGER 2'��