HomeMy WebLinkAboutOrdinance 17827-10-2007ORDINANCE NO. 17827-10-2007
AN ORDINANCE AMENDING CHAPTER SEVEN "BUILDINGS";
OF THE CODE OF THE CITY OF FORT WORTH, BY
AMENDING ARTICLE IX "REGISTRATION AND INSPECTION
OF MULTI-FANHLY DWELLING COMPLEXES" TO REVISE
THE REGULATIONS FOR THE REGISTRATION AND
INSPECTION OF MULTI-FAMILY DWELLINGS AND ADDING
CIVIL ENFORCEMENT AND BY ADDING A NEW ARTICLE,
ARTICLE X "REGISTRATION AND INSPECTION OF ONE-
FAMILY AND TWO FAMILY DWELLINGS" TO REQUIRE
REGISTRATION OF ONE AND TWO-FAMILY RENTAL UNITS;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in January of 2005, the City Council formed the "Unrelated Persons
Task Force" composed of representatives from area residents, the Blaclc and Hispanic
Chambers, apartment and real estate associations, the League of Neighborhoods, Texas
Christian University, and neighborhood associations to study the impacts of rental
properties in single family neighborhoods; and
WHEREAS, during the eight Task Force meetings, the Taslc Force members
recommended that the rental registration ordinance be strengthened to require registration
of one and two-family dwellings and multi-family dwellings with three or more units and
to require owners to maintain a local emergency contact for owners who rent residential
property in the City of Fort Worth; and
WHEREAS, on October 3, 2006, a public hearing was held before the City
Council to discuss a proposed ordinance requiring registration of one and two-family
dwellings and multi-family dwellings with three or more units and to require owners to
maintain a local emergency contact for owners who rent residential property in the City
of Fort Worth; and
WHEREAS, the City Council instructed City Staff to conduct a series of public
meetings to gain further input on the proposed ordinance requiring registration of one and
two-family dwellings and multi-family dwellings with three or more units and to require
owners to maintain a local emergency contact for owners who rent residential property in
the City of Fort Worth; and
WHEREAS, City Staff conducted a series of public meetings over an eight
month period to gain fiu-ther cormnent and input on the proposed ordinance requiring
registration of one and two-family dwellings and multi-family dwellings with three or
more units and to require owners to maintain a local emergency contact for owners who
rent residential property in the City of Fort Worth; and
WHEREAS, requiring registration and inspection of one-family dwellings, two-
family dwellings, units oftwo-family dwellings, and multi-family dwellings with three to
seven units serves to protect the health, safety, and welfare, of the tenants of residential
rental units and the surrounding neighborhoods, and
WIIEI2EAS, the current City Code of Fort Worth does not require registration
and inspection ofmulti-family dwellings containing three to seven units, and;
WHEREAS, the current City Code of Fort Worth does not require registration of
one-family dwellings and two-family dwellings and units oftwo-family dwellings, and
WHEREAS, it is advisable to adopt regulations requiring the registration of
residential rental units for one and two-family dwellings where certain city code violations
are present and multi-family dwellings with tluee to seven units, requiring owners to
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maintain a local contact for emergency purposes, increasing the criminal enforcement
provisions and adding civil enforcement provisions with regard to rental registration and
inspection; and;
WHEREAS, it is the intent of the following regulations to establish additional
supplemental standards and regulations for rental units located in the City to protect the
health, safety, and welfare, of the tenants of residential rental units and the sw-rounding
neighborhoods;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COITNCII., OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Article IX "Registration and Inspection of Multi-Family Dwelling Complexes" of
Chapter 7, "Buildings" of the Code of the City of Fort Worth, is hereby amended by
amending Sections 7-394 to change the definition of multi-family dwelling complex and
add the term "boarding house" to read as follows:
Sec. 7-394. Definitions.
Multi family dwelling complex:
(a) Multi-family dwelling complex means:
(1) Three (3) or more dwelling units that are under common ownership
or that are managed by the same person, and that are on the same lot or
tract or on adjoining lots or tracts; and/or
(2) A lodging house or boarding house.
SECTION 2.
Section 7-400 of Article IX "Registration and Inspection of Multi-Family
Dwelling Complexes" of Chapter 7, "Buildings" of the Code of the City of Fort Worth, is
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hereby amended by adding two new subsections (b) and (f), and renumbering subsection
(b) though (d) to read as follows:
Sec. 7-400. Certificate of Occupancy.
(b) Change of ownership. Within thirty (30) days after the change of
ownership of amulti-family dwelling complex, the landlord shall obtain a new
certificate of occupancy in order to continue operating. The complex, including
all occupied and all vacant dwelling units, shall be subject to a complete
certificate of occupancy inspection by the building official and the director before
a new certificate of occupancy will be issued.
(c) Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of the Minimum Building Standards
Code, this article, or of other ordinances of the city. Certificates presuming to give
authority to violate or cancel the provisions of the Building Code and other
applicable ordinances shall not be valid. Changes in the character or use of a
building shall not be made except as provided in the Building Code.
(d) The certificate of occupancy for all multi-family dwelling complexes shall
be posted in a conspicuous place on the premises of the complex, and shall not be
removed except by the building official.
(e) A landlord commits an offense if the landlord knowingly operates a multi-
family dwelling complex in violation of this section.
(f) If the building official determines that the complex fails the certificate of
occupancy inspection, all vacant units within the complex shall be posted for non-
occupancy, and the landlord shall not allow the occupancy of such units until the
complex passes final inspection and is issued a certificate of occupancy.
SIECTION 3.
Section 7-401, "Registration Required" of A~~ticle IX "Registration and
Inspection of Multi-Family Dwelling Complexes of Chapter 7, "Buildings" of the Code
of the City of Fort Worth, is hereby amended by revising subsection (e) to read as
follows:
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Sec. 7-401. Registration Required.
(e) The registration shall be on a form prescribed by the code compliance
director, and shall at a minimum contain the following information about the
complex:
(1) the trade name, physical address, and business address;
(2) the names, addresses, and telephone numbers of the owner, property
manager, resident manager, registered agent, and all federal, state, and local
funding agencies; and the type of business entity which owns the complex;
(3) the names and physical address of designated employees or authorized
representatives who shall be assigned to respond to emergency conditions, and a
telephone number where said employees can be contacted during any twenty-four
hour period. Emergency conditions shall include fire, natural disaster, flood,
burst pipes, collapse hazard, and violent crime. A post office box shall not suffice
for the address requirements of this subsection;
(4) the names, addresses, and telephone numbers of any mortgagees;
(5) a copy of a site plan depicting the total number of all buildings within the
complex, including a description of the use of each building and the location of
each building within the complex;
(6) the total number of dwelling units;
(7) the number of dwelling units per category, with the categories based on
the number of sleeping rooms in a unit;
(8) the number and type of security systems and fire alarm systems
maintained on the premises and the names and telephone numbers of the alarm
companies which respond to alarms or relay alarms to emergency services;
(9) if the property is owned by a corporation, limited liability company,
partnership, limited partnership, trust or real estate investment trust, the name and
physical address of any of the following:
a. for a corporation, a corporate officer;
b. for a partnership, a general partner;
c. for a limited liability company, the managing or administrative
member;
d. for a limited partnership, a general partner;
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e. for a limited liability pas~tnership, a general partner;
f. for a limited liability limited partnership, a general partner;
g. for a trust, a trustee;
h. for a real estate investment trust, a general partner or an officer; or
i. for any other legal entity not named above, a duly authorized
agent;
(10) if the property is owned by a person, other than an individual, who lives
outside the State of Texas, the owner shall designate a registered agent, in the
State of Texas, who will accept legal service on behalf of the owner. If the
property is owned by a person who is an individual and who lives outside the
State of Texas, the individual shall either designate a registered agent, in the State
of Texas, who will accept legal service on behalf of the owner or provide a
physical address where the owner may receive legal service. A designation of a
registered agent under this section shall include the name and address of the
agent; and
(11) if any change ui the information required by this section occurs, the owner
shall notify the code compliance director within thirty (30) days of the change, in
a manner prescribed by the code compliance director.
SECTI®N 4.
Section 7-402, "Fees" of Article IX "Registration and Inspection of Multi-Family
Dwelling Complexes of Chapter 7, "Buildings" of the Code of the City of Fort Worth, is
hereby amended by increasing the annual fees in subsection (b) and deleting subsections
(c) and renumbering subsection(d) to read as follows:
Sec. 7-402. Fees.
(a) The landlord of amulti-family dwelling complex shall pay the city fees to
offset the city's cost of administration, registration and inspection.
(b) An annual fee of twenty-four dollars ($24.00) for the first dwelling unit
and eight dollars ($8.00) for each additional dwelling unit shall be:
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(1) submitted annually with the registration form required by Section 7-
401 above, and
(2) submitted with a new registration upon a change of ownership of the
complex.
(c) The fee requirements described above shall not include a dwelling unit on
a college, university, or seminary occupied by a student or a student and the
student's family and in which the dwelling unit is owned by the respective
college, university, or seminary.
SECTION 5.
Section 7-403, "Inspection by the Director" of Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes of Chapter 7, "Buildings" of the Code
of the City of Fort Worth, is hereby amended to read as follows:
Sec. 7-403. Inspection by the Director.
(a) The director may conduct:
(1) inspections for issuance of certificate of occupancy in conjunction with
the development department;
(2) inspections based on indications of Code violations, including
complaints filed with the director;
(3) periodic inspections; and
(4) follow-up inspections.
(b) The following areas of a multi-family dwelling complex shall be subject to
periodic inspection by the director:
(1) all building exteriors;
(2) all exterior and interior public areas;
(3) vacant dwelling units;
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(4) occupied dwelling units upon receipt of complaint by the unit's tenant
during a periodic inspection.
(c) Except as provided by (d) below, the director inay inspect portions of a
multi-family dwelling complex as frequently as the director deems necessary. The
director shall schedule periodic inspections no less frequently than once every two
(2) years.
(d) Exemption. Amulti-family dwelling complex whose original construction
was completed on or after December 31, 1994, shall be exempt from the director's
periodic inspection for three (3) years from the date the original certificate of
occupancy was issued for the complex. If a complex was constructed in phases,
each phase shall be treated as a separate complex for the purposes of this
subsection. However, an inspection of the complex shall be triggered during the
exemption period if:
(1) The ownership of the complex changes, in which case an inspection
pursuant to subsection (g) shall be made; or
(2) The director receives a valid complaint of, or otherwise becomes aware
of, a violation of this article or of the Minimum Building Standards Code at the
complex.
(e) The landlord of amulti-family dwelling complex shall make all exteriors,
all exterior and interior public areas, and all vacant dwelling units of the complex
available to the director for inspections at all reasonable times.
(f) Amulti-family dwelling complex fails a periodic inspection if it does not
score at least 100 points, out of a possible 125 points, according to the Periodic
Inspection Report scale attached as Exhibit A. The landlord of amulti-family
dwelling complex that fails the periodic inspection as provided for in Section 7-
403 shall correct all violations identified by the periodic inspection report within
thirty days or within a reasonable time in accordance with industry standards as
demonstrated by the landlord.
(g) The director is authorized to make follow up inspections of amulti-family
dwelling complex which fails the initial periodic inspection and to inspect all
areas included in the periodic inspection as well as occupied dwelling units, in
such frequency and scope as the director deems necessary to determine
compliance with this article and with the Minimum Building Standards Code,
subject to the limitations set forth in subsection (m) of this section.
(h) If the complex fails the first follow-up inspection, the city shall assess the
landlord afollow-up inspection fee of twenty-five dollars ($25.00) per dwelling
unit for the gross number of dwelling units within the complex. Written notice of
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the assessed follow-up inspection fee shall be sent by the code compliance
director via U.S. mail to the landlord.
(i) The landlord of amulti-family dwelling complex that fails anon-periodic
inspection shall correct all violations identified by the non-periodic inspection.
Violations identified by anon-periodic report shall be corrected within a
reasonable time in accordance with industry standards. If the multi-family
dwelling complex fails a follow-up non-periodic inspection, the landlord shall pay
the city afollow-up inspection fee of twenty-five dollars ($25.00) per unit that
remains in violation.
(j) The landlord of amulti-family dwelling complex must file with the code
compliance director a written request for an administrative hearing not later than
the thirtieth (30) day after the fee is assessed under subsection (h) or (i). The fee
shall be considered assessed on the date the notice is mailed by the City to the
landlord.
(ls) An administrative hearing shall be conducted by the code compliance
director on the assessment of a fee under subsection (h) or (i) of this section not
later than the twentieth (20) day after the date the hearing request is filed.
(1) In addition to the other authority granted by this section, the director is
authorized to inspect amulti-family dwelling complex with greater frequency than
provided above if the director has cause to believe that the complex is not in
compliance with the Minimum Building Standards Code or this article.
(m) In addition to other authority granted by this section, the director has all
rights and authority granted by Article 18.05 of the Texas Code of Criminal
Procedure. Inspections shall comply with all federal, state, and local laws,
regulations, and ordinances.
SECTION 6.
Section 7-404, "Landlord/Tenant Inspections" of Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes of Chapter 7, "Buildings" of the Code
of the City of Fort Worth, is hereby amended by amending subsection (b)(3)b. to read as
follows:
Sec. 7-404. Landlord/tenant Inspections.
(b) A landlord shall maintain reports of the inspections conducted pursuant to
subsection (a) for all dwelling units within the multi-family dwelling complex.
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(1) The reports shall either be on a form provided by the director or on
a form that complies with the requirements of the director.
(2) A report shall include places for marking whether the dwelling unit
complies with the standards set by the director to be included within the
scope of the inspection, and shall include the names of all persons
occupying the dwelling unit (other than overnight guests).
(3) A report shall also include:
a. The names of designated employees or other authorized
persons who shall be assigned to respond to emergency conditions,
and a telephone number where said employees can be contacted
during any twenty-four-hour period. Emergency conditions shall
include f re, natural disaster, flood, collapse hazard, burst pipes, or
violent crime; and
b. A notice for reporting code violations to the City in a form
provided by the Code Compliance Director.
SECTION 7.
Section 7-410, "Crime Prevention Standards" of Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes of Chapter 7, "Buildings" of the Code
of the City of Fort Worth, is hereby amended by amending subsections (1).b. and (2) to
read as follows:
Sec. 7-410. Crime Prevention Standards.
The landlord of amulti-family dwelling complex shall provide the following
crime prevention measures:
(1) Signs for emergencies and code violations. A landlord of amulti-family
dwelling complex shall post and maintain signs on the premises of the complex
which include the following:
a. Emergency numbers. The names of designated employees or other
authorized persons who shall be assigned to respond to emergency
conditions, and a telephone number where said employees can be
contacted during any twenty-four-hour period. Emergency conditions shall
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include fire, natural disaster, flood, collapse hazard, burst pipes, or violent
crime.
b. Notice for ~°epo~°ting code violations. A sign for reporting code
violations to the City in a form approved by the Code Compliance
Director.
(2) The sign required by this section shall be a minimum of twelve (12) inches
by twenty-four (24) inches. Sign facings shall be fabricated out of weather-proof
material. The signs shall have a white background, with letters and numbers in a
contrasting color. At each multi-family dwelling complex there shall be at least
one sign posted, and an additional sign for each fifty (50) dwelling units in excess
of fifty (50). The signs shall be prominently displayed in exterior, publicly
accessible areas of the complex. If the complex has an on-site management
office, one sign shall be on the exterior of the office.
SECTION 8.
Section 7-416, "Criminal Enforcement" of Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes of Chapter 7, "Buildings" of the Code
of the City of Fort Worth, is hereby amended to increase the fines to read as follows:
Sec. 7-416. Criminal Enforcement.
A violation of this article is a misdemeanor punishable by a fine not to
exceed two thousand dollars ($2,000.00). Each separate occw~rence of a violation
or each day that a violation continues shall constitute a separate offense.
SECTION 9.
Article IX "Registration and Inspection of Multi-Family Dwelling Complexes of
Chapter 7, "Buildings" of the Code of the City of Fort Worth, is hereby amended to add a
new section, Section 7-417 "Civil Enforcement" to read as follows:
Sec. 7-417. Civil Enforcement.
(a) The city may involve Sections 54.012--54.019 of the Texas Local
Government Code, as amended, and petition the state district cow~t or the
applicable county court at law, through the city attorney, for either injunctive
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i,
relief, civil penalties, or both injunctive relief and civil penalties, whenever it ~'
appears that a person has violated, or continues to violate, any provision of this ~~
chapter. !,
(b) Pursuant to Section 54.016 of the Texas Local Government Code, as
amended, the city may obtain against the owner or the operator of a facility, a
temporary or permanent injunction, as appropriate, that:
(1) Prohibits specific conduct that violates the ordinance; or
(2) Requires specific conduct that is necessary for compliance with the
ordinance.
(c) Pursuant to Section 54.017 of the Texas Local Government Code, as
amended, the city may recover a civil penalty of not more than one thousand
dollars ($1,000.00) per day for each violation of any provision of this chapter that
relates to any matter specified in subsection (a), if the city proves that:
(1) The defendant was actually notified of the provisions of the
chapter; and
(2) After the defendant received notice of the ordinance provisions, the
defendant committed acts in violation of the ordinances or failed to take
action necessary for compliance with the ordinance.
(d) The city may also institute suit to recover the cost of any actual damages
incurred by the city, and any costs of response, remediation, abatement, and
restoration incw-red by the city as allowed under state or federal laws, or at
common law.
(e) In determining the amount of civil liability, the court should take into
account all relevant circumstances, including, but not limited to, the extent of
harm caused by the violation, the magnitude and dtuation of the violation, any
economic benefit gained through the violation, corrective actions by the violator,
the compliance history of the violator, and any other factors as justice requires.
SECTION 10.
Chapter 7, "Buildings" of the Code of the City of Fort Worth, is hereby amended
by creating and adding Article X "Registration and Inspection of One-Family and Two
Family Dwellings" to read as follows:
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ONE-FAlVIILY AND TWO-FAlVIILY DWELLINGS.
Sec.7-418. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as
used in this article, shall have the meaning hereinafter designated. Where terms are not
defined, they shall have their ordinary accepted meanings.
Code compliance director means the director of the code compliance department,
or the director's duly authorized representative.
Director means the code compliance director and the director's authorized
representatives.
Dwelling Unit means one (1) or more habitable rooms, including an efficiency
unit, which is intended to be occupied by one (1) or more persons for living, sleeping,
cooking, eating and sanitation purposes.
Efficiency unit means a dwelling unit with one (1) habitable room that contains
facilities used for combined sleeping, living, cooking, eating and sanitation purposes.
Existing building means a building constructed in compliance with all codes at the
time of construction, or one for which a legal building permit has been issued prior to the
effective date of this ordinance.
Owner means any person holding title to aone-family, two-family dwelling, or
unit of atwo-family dwelling, according to the deed records in the county clerk's office
of the county in which the complex is situated, or the duly authorized agent of the person
holding title to aone-family, two-family dwelling, or unit of atwo-family dwelling,
according to the deed records in the county clerk's office of the county in which the
complex is situated.
Person means any individual, partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
federal, state, and local governmental entities.
One family dwelling means a dwelling designed exclusively for residential
occupancy by not more than one family, including aoommunity-based residential home
as defined by the Community Homes for Disabled Persons Location Act, Chapter
123.001, Texas Human Resources Code. One-family dwelling shall not include atwo-
family dwelling as defined by this section or amulti-family dwelling as defined by
Section 7-394 of Article IX.
Two family dwelling means a dwelling designed exclusively for residential
occupancy by two families, including acommunity-based residential home as defined by
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the Community Homes for Disabled Persons Location Act, Chapter 123.001, Texas
Human Resources Code. Two-family dwelling shall not include aone-family dwelling as
defined by this section or amulti-family dwelling as defined by Section 7-394 of Article
IX.
Sec.7-419. Purpose.
The purpose of this article is to safeguard the life, health, safety, welfare, and
property of individuals who, by rent, lease, or permission, occupy one-family and
dwelling units of two-family dwellings and the general public by developing a process to
enforce the minimum building standards, and to provide equitable and practical criminal,
administrative, and civil penalties for the violation of minimum building standards.
Sec. 7-420. Applicability and Administration.
(a) This article shall apply to all one-family dwellings and dwelling units of
two-family dwellings, as defined herein, which are now in existence or which
may hereafter be constructed or converted from other uses.
(b) The code compliance director and the director's authorized representatives
are authorized to administer and enforce the provisions of this article and the
Minimum Building Standards Code.
Sec. 7-421. Registration Required.
(a) An owner of aone-family dwelling or a dwelling unit of atwo-family
dwelling shall be required to register a minimum of two consecutive years if:
(1) it does not score at least 100 points, out of a possible 125 points,
according to the Periodic Inspection Report scale attached as Exhibit B; or
(2) it has an inspection score of 100 to 120 points, according to the
Periodic Inspection Report scale attached as Exhibit B, and violations are
not corrected within 30 calendar days; or
(3) an inspection uncovers a fire safety and/or public health and
sanitation violation including, but not limited to:
a. non-working doors, windows, or escape routes required for
emergency exit;
b. non-working smoke detectors;
c. inadequate heated air as required by City Code;
d. inadequate heated water as required by City Code;
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e. unsafe or hazardous plumbing systems;
f. unsafe or hazardous electrical systems; or
g. hazardous structural conditions that could cause serious
bodily injury due to collapse or partial collapse of a dwelling unit's
structural member.
(b) If during the period in which aone-family dwelling or dwelling unit of a
two-family dwelling is registered, a subsequent condition that would require
registration under subsection (a) above occurs, then the one-family dwelling or
dwelling unit of atwo-family dwelling shall be subject to all registration
requirements of this article and fee requirements as set out in section 7-423(a) of
this article for an additional year. The additional registration year shall commence
from the date the current period of registration expires.
Sec.7-422. Registration.
(a) An owner who rents, leases to, or allows another person to occupy aone-
family dwelling or dwelling unit of atwo-family dwelling, and is required to
register by this Article, shall file with the City a written registration application, on
the form provided for that purpose, and signed by the owner of the dwelling to be
registered.
(b) The registration shall be on a foam prescribed by the code compliance
director, and shall at a minimum contain the following information:
(1) the trade name, physical address, and business address;
(2) the names, addresses, and telephone numbers of the owner,
property manager, and resident manager; and the type of business entity
which owns the complex;
(3) the name and physical address of designated employees or
authorized representatives who shall be assigned to respond to emergency
conditions, and a telephone number where said employees can be
contacted during any twenty-four hour period. Emergency conditions
shall include fire, natural disaster, flood, burst pipes, collapse hazard, and
violent crime. A post office box shall not suffice for the address
requirements of this section;
(4) the names, addresses, and telephone numbers of any mortgagees;
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(5) if the property is owned by a corporation, limited liability
company, partnership, limited partnership, trust or real estate investment
trust, the name and address of any of the following
a. for a corporation, a corporate officer;
b. for a partnership, a general partner;
c. for a limited liability company, the managing or administrative
member;
d. for a limited partnership, a general partner;
e. for a limited liability partnership, a general partner;
f. for a limited liability limited partnership, a general partner;
g. for a trust, a trustee;
h. for a real estate investment trust, a general partner or an officer.
i. for any other legal entity not named above, a duly authorized
agent;
(6) if the property is owned by a person, other than an individual, who
lives outside the State of Texas, the ovv~ler shall designate a registered
agent, in the State of Texas, who will accept legal service on behalf of the
owner. If the property is owned by a person who is an individual and who
lives outside the State of Texas, the individual shall either designate a
registered agent, in the State of Texas, who will accept legal service on
behalf of the owner or provide a physical address where the owner may
receive legal service. A designation of a registered agent under this
section shall include the name and address of the agent; and
(7) if any change in the information required by this section occurs the
owner shall notify the code compliance director within thirty (30) days of
the change, in a manner prescribed by the code compliance director.
Sec.7-423. Fees.
(a) A first year fee of two-hundred dollars ($200.00) for each one-family
dwelling or dwelling unit of atwo-family dwelling required to register shall be:
(1) submitted with the registration form required by this article, and
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(2) submitted with a new registration upon a change of ownership of
the one-family dwelling or dwelling unit of atwo-family dwelling.
(b) Unless an additional year has been added under Section 7-421(b), a second
year fee of one-hundred dollars ($100.00) for each one-family dwelling or
dwelling unit of atwo-family dwelling required to register shall be:
(1) submitted with the registration form required by this article, and
(2) submitted with a new registration upon a change of ownership of
the one-family dwelling or dwelling unit of atwo-family dwelling.
(c) A registration is valid for one year from the date the completed
registration foam is filed in the office of the Code Compliance Director, and
payment of the registration fee for that year has been made, unless the ownership
of the complex changes.
(d) A registration is not assigned or transferable. If a change of ownership of
the complex occurs during the period that a registration is otherwise valid, the
landlord of the complex shall have thirty (30) days from the date the change of
ownership occurred to file a new registration with the code compliance director,
and pay a new registration fee.
(e) If aone-family dwelling or dwelling unit of atwo-family dwelling fails a
follow-up inspection, the city shall assess the ov~nier a follow-up inspection fee of
twenty-five dollars ($25.00). Written notice of the assessed follow-up inspection
fee shall be sent by the code compliance director via U.S. mail to the owner.
(f) The owner of aone-family dwelling or dwelling unit of atwo-family
dwelling must file with the code compliance director a written request for an
administrative hearing not later than the thirtieth (30) day after the fee is assessed
under subsection (e). The fee shall be considered assessed on the date the notice is
mailed by the City to the landlord.
(g) An administrative hearing shall be conducted by the code compliance
director on the assessment of a fee under subsection (e) of this section not later
than the twentieth (20) day after the date the hearing request is filed.
Sec. 7-424. Inspection and Reporting.
(a) An owner shall inspect each dwelling for compliance with the standards
set forth in the attached Exhibit A of this Article. Inspections shall be recorded on
a form approved by t11e Code Compliance Director.
(b) The inspection of a dwelling shall be conducted a minimum of once
annually and at any time when the occupancy changes.
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(c) The owner shall sign each inspection report, and shall require a tenant to
sign the report for the tenant's dwelling. If the tenant disagrees with any notation
made by the owner on the report, the owner shall permit the tenant to make written
comments on the report prior to signing it. The owner shall provide the tenant
with a copy of the report after it is signed.
(d) An owner shall maintain a copy of the report of every inspection
conducted pursuant to this section for a minimum of three (3) years. A copy of
the reports maintained by an owner pursuant to this subsection shall be provided
to the Code Compliance Director upon request.
(e) A notice for reporting code violations to the city shall be provided to the
tenants once annually and at any time when the occupancy changes. The notice
shall be in a form provided by the Code Compliance Director.
(f) The Code Compliance Director may conduct:
(1) inspections based on indication of Code violations;
(2) periodic inspections; and
(3) follow-up inspections.
(g) The following areas shall be subject to periodic inspection by the Code
Compliance Director:
(1) all building exteriors;
(2) vacant dwelling units, with the owner's consent; and
(3) occupied dwelling units upon receipt of complaint by the unit's
tenant during a periodic inspection.
(h) The Code Compliance Director is authorized to make follow-up
inspections of aone-family dwelling or dwelling unit of atwo-family dwelling
which fails an initial inspection or a periodic inspection.
(i) In addition to other authority granted by this Article, the Code
Compliance Director has all rights and authority granted by Article 18.05
of the Texas Code of Criminal Procedure. Inspections shall comply with
all federal, state, and local laws, regulations, and ordinances.
18
Sec. 7-425. Criminal Enforcement.
(a) A violation of this article is a misdemeanor punishable by a fine not to
exceed two thousand dollars ($2,000.00). Each separate occurrence of a violation
or each day that a violation continues shall constitute a separate offense.
Sec. 7-426. Civil Enforcement.
(a) The city may involve Sections 54.012--54.019 of the Texas Local
Government Code, as amended, and petition the state district court or the
applicable county court at law, through the city attorney, for either injunctive
relief, civil penalties, or both injunctive relief and civil penalties, whenever it
appears that a person has violated, or continues to violate, any provision of this
chapter.
(b) Pursuant to Section 54.016 of the Texas Local Government Code, as
amended, the city may obtain against the owner or the operator of a facility, a
temporary or permanent injunction, as appropriate, that:
(1) Prohibits specific conduct that violates the ordinance; or
(2) Requires specific conduct that is necessary for compliance with the
ordinance.
(c) Pursuant to Section 54.017 of the Texas Local Goverrunent Code, as
amended, the city may recover a civil penalty of not snore than one thousand
dollars ($1,000.00) per day for each violation of any provision of this chapter that
relates to any matter specified in subsection (a), if the city proves that:
(1) The defendant was actually notified of the provisions of the
chapter; and
(2) After the defendant received notice of the ordinance provisions, the
defendant committed acts in violation of the ordinances or failed to talve
action necessary for compliance with the ordinance.
(d) The city may also institute suit to recover the cost of any actual damages
incurred by the city, and any costs of response, remediation, abatement, and
restoration incurred by the city as allowed under state or federal laws, or at
common law.
(e) In determining the amount of civil liability, the court should talve into
account all relevant circumstances, including, but not limited to, the extent of
harm caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the violation, corrective actions by the violator,
the compliance history of the violator, and any other factors as justice requires.
19
SECTION 11.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 12.
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
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such 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 in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 13.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation exists shall constitute a separate offense.
SECTION 14.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the Code of Fort Worth which have accrued at
20
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
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 15.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Govermnent Code.
SECTION 16.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM[ AND LEGALITY:
~;
By:
Assistan Attorney
ADOPTED: October 9, 2007
EFFECTIVE: !~~~
21
EXI3IBIT "A"
OF ARTICLE IX "REGISTRATION AND INSPECTION OF MITLTI-FAMILY
DWELLING COMPLEXES"
The following descriptive categories are assigned a point value ranging from one to five points.
Points are deducted for defective conditions or violations identified during routine inspection.
This Periodic Inspection report along with any attachments is designed to reflect a grade based on
general conditions observed tluoughout the property. P.n interior inspection will be required of
multifamily dwelling complexes that fail to maintain a passing score of 100 points.
BALCONIES - (2) AIR CONDITIONING - (2)
CHIMNEYS - (2) ELECTRICAL HAZARDS - (5)
DOORS - (2) GAS SUPPLY HAZARD - (5)
DOOR VIEWERS - (2) HEATING - (5)
FIRE DAMAGE - (5) LIGHTING - (2)
FOUNDATION - (2) SEWAGE LEAKS - (5)
GLASS BROKEN OR - (2) SEWAGE CLEANOUT PLUGS- (5)
CRACI{ED
GLASS SHARDS - (5) WATER LEAK - (2)
NOT REMOVED
GUTTERS AND - (2) WATER PENETRATION - (2)
DOWNSPOUTS
LANDINGS - (2) WATER SUPPLY - (2)
LOCKING DEVICES - (5) WATER TEMPERATURE - (2)
PORCHES - (2) PUBLIC ROOMS - (2)
INFESTATION - (2) RAILINGS - (2)
SOLID WASTE - (2) ROOF DETERIORATION - (2)
CONTAINERS
STORAGE ON PORCH - (2) ROOF LEAK - (5)
AND/OR PATIO
SWIMMING POOL - (2) STAIRS - (2)
TRASH ACCUMULATION - (5) STRUCTURAL COLLAPSE - (5)
WEEDS AND GRASS - (1) WALKWAYS - (2)
OUTSIDE STORAGE - (2) WALLS - (2)
BOARD UP METHODS - (2) WEATHER PROTECTION - (2)
COVERED PARKING - (2) WINDOW BARS OR GRILLES- (5)
FENCES - (1) FIRE LANES - (2)
ADDRESS NUMBERS - (2) GRAFFITI - (5)
EMERGENCY NUMBERS - (2) JtTNICED VEHICLES - (1)
SIGNS - (2) PARKING AREAS - (1)
TENANT AND LANDLORD - (5)
INSPECTION FORMS
CERTIFICATE OF - (10) NOT POSTED CURRENT - (5)
OCCUPANCY REGISTRATION
BEGINNING SCORE 125
TOTAL DEDUCTIONS
FINAL SCORE
22
E~i~IIBIT "A"
OF ARTICLE X "REGISTRATION ANA INSPECTION OF ONE-FAMILY ANA
TWO-FAMILY AWELLINGS"
Please list the names of all persons occupying the dwelling unit (other than overnight guests).
--.
The City of Fort Worth Code of Ordinances requires a "Tenant and Landlord Inspection" of each
dwelling in a multifamily dwelling complex. The inspection must be performed together by the
tenant and landlord:
• 1) a minimum of once a year; or
• 2) when the occupancy of the dwelling changes.
THE TENANT MUST ANSWER THE FOLLOWII~IG QUESTIONS BY CIRCLING EITHER
YES OR NO.
YES -- NO Has the Landlord installed a smoke detector in this residence?
YES -- NO Did you check to make sure the smoke detector works?
YES -- NO If battery operated, do you know the Tenant must replace smoke detector
batteries?
YES -- NO Do you laiow a portable barbecue or cooking appliance camiot be used on a
balcony, walkway, landing or within ten (10) feet of a combustible building?
YES -- NO Do all electrical outlets, switches or lighting fixtures operate properly?
YES -- NO Have you seen exposed electrical wiring inside or outside the residence?
YES -- NO Have you noticed sewage leaking from inside or outside of the residence?
YES -- NO Have you noticed water leaking from inside or outside of the residence?
YES -- NO .Are any of the drains clogged?
YES =- NO- Have you noticed the odor of gas inside or outside of the residence?
YES -- NO Where evidence of infestation exists, has the dwelling been exterminated within
the last 30 days?
YES -- NO Is there broken glass in the window or door frames?
YES -- NO Do the windows and doors lock properly?
YES -- NO Is there a door viewer (peephole) installed in each exterior door?
YES -- NO Is there a keyless boltuig device on exterior doors that doesn't require special
knowledge or tools to open?
YES -- NO If a sliding door is present, is it equipped with a pin lock?
YES -- NO Is the building marked with contrasting property address numbers?
YES -- NO Is the dwelling unit number marked at the ent<•ance to the unit?
YES -- NO Has the Landlord advised the tenant the appropriate way to report problems to
the Landlord?
YES -- NO In case of an emergency, does the tenant have an evacuation plan?
Where is your meeting place?
YES - NO Has the Landlord provided the tenant with a copy of the Fort Worth Rental
Handbook?
23
EXHIBIT "B"
OF ARTICLE X "REGISTRATION AND INSPECTION OF ONE-FAMILY AND
TWO-FAMILY DWELLINGS"
The following descriptive categories are assigned a point value ranging from one to five points.
Points are deducted for defective conditions or violations identified during routine inspection.
This Periodic Inspection report along with any attaclunents is designed to reflect a grade based on
general conditions observed tluoughout the property.
BALCONIES - (2) AIR CONDITIONING - (2)
CHIN[NEYS - (2) ELECTRICAL HAZARDS - (10)
DOORS - (2) GAS SUPPLY HAZARD - (10)
DOOR VIEWERS - (2) HEATING - (10)
FIlZE DAMAGE - (10) LIGHTING - (5)
FOUNDATION - (2) SEWAGE LEAKS - (10)
GLASS BROKEN OR - (5) SEWAGE CLEANOUT PLUGS- (5)
CRACKED
GLASS SHARDS - (10) WATER LEAK - (5)
NOT REMOVED
GUTTERS AND - (2) WATER PENETRATION - (5)
DOWNSPOUTS
LANDINGS - (2) WATER SUPPLY - (5)
LOCKII~IG DEVICES - (10) WATER TEMPERATURE - (10)
PORCHES - (2)
INFESTATION - (2) RAILINGS - (2)
SOLID WASTE - (2) ROOF DETERIORATION - (2)
CONTAINERS
STORAGE ON PORCH - (2) ROOF LEAK - (10)
AND/OR PATIO
SyVIlVIMING POOL - (2) STAIRS - (5)
TRASH ACCUMULATION - (10) STRUCTURAL COLLAPSE - (10)
WEEDS AND GRASS - (1) WALKWAYS - (2)
OUTSIDE STORAGE - (2) WALLS - (2)
BOARD UP METHODS - (2) WEATHER PROTECTION - (2)
COVERED PARKII~IG - (2) WINDOW BARS OR GRILLES- (10)
FENCES - (1)
ADDRESS NUMBERS - (2) GRAFFITI - (5)
JUNKED VEHICLES - (2) PARKIl~IG AREAS - (2)
TENANT AND LANDLORD - (5)
INSPECTION FORMS
BEGINNING SCORE 1.25
TOTAL DEDUCTIONS
FINAL SCORE
24
City of Fort VI/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 10/9/2007 -Ordinance No. 17827-10-2007
DATE: Tuesday, October 09, 2007
LOG NAME: 23RENTAL REG
REFERENCE NO.: G-15907(Revised)
SUBJECT:
Adopt Ordinance Amending Chapter 7 "Buildings" City Code to Add Additional Registration,
Inspection and Enforcement Requirements for Multifamily Properties with Three or More Units and
to Add New Regulations for One- and Two-Family Rental Properties
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 7 "Buildings" City
Code to add additional registration, inspection and enforcement requirements for multi-family properties
with three or more units and to add new regulations for one- and two-family rental properties.
DISCUSSION:
Staff proposes to amend Chapter 7 "Buildings" to add additional registration, inspection and enforcement
requirements for multi-family properties with three or more units and to add new regulations for one- and
two-family rental properties. This will enable the Code Compliance Department to identify and abate Texas
state law and Fort Worth City code violations for the health, safety, and welfare of tenants, adjoining
property owners, and the general public. A summary of the proposed addition is listed below.
Section 7-394 is amended to expand the definition ofmulti-family dwelling complexes.
Section 7-400 is amended to bring all sub-sections regarding certificate of occupancy requirements under
one section.
Section 7-401 is amended to require more precise ownership identification including physical addresses of
designated employees, corporate entity identification, and providing for a designated agent for out of state
owners.
Section 7-402 is amended to increase the annual registration fee from six dollars per dwelling unit to
twenty-four dollars for the first dwelling unit and eight dollars for each additional dwelling unit.
Section 7-403 is amended to include the standards for periodic inspections, to increase the fee for failing a
follow-up inspection from eighteen dollars per unit to twenty-five dollars per unit, to add a fee far failing a
follow-up non-periodic inspection of twenty-five dollars, and to provide for an administrative appeal for
assessed fees.
Section 7-404 is amended to allow the Code Compliance Director to provide the form of the tenant notice
for reporting code violations.
Section 7-410 is amended to allow the Code Compliance Director to provide the form of the sign for
reporting code violations.
Section 7-416 is amended to increase the criminal punishment range from a fine not to exceed five-hundred
Logname: 23RENTAL REG Page 1 of 3
dollars to a fine not to exceed two-thousand dollars.
Section 7-417 is added to provide for civil enforcement of the ordinances regarding this Article X of Chapter
7, through Chapter 54 of the Texas Local Government Code, or under any state or federal law, including
common law causes of action.
Section 7-418 is added to define terms specific to the ordinance regulating one-family and two-family rental
dwellings.
Section 7-419 is added to provide that the purpose for the ordinance regulating one-family and two-family
rental dwellings is to protect the health, safety, and welfare of the occupants of one-family and two-family
dwelling units and the general public.
Section 7-420 is added to provide for applicability and administration of the ordinance regulating one-family
and twa-family rental dwellings.
Section 7-421 is added to require registration, if certain health, safety and welfare standards are not met, of
one-family dwellings, two-family dwellings and units of two-family dwellings which the owner rents, leases,
or allows another to occupy.
Section 7-422 is added to provide for registration requirements including ownership information and a
designated agent for out of state owners.
Section 7-423 is added to provide for registration fees, if certain health, safety and welfare standards are
not met, for one-family dwellings,. two-family dwellings and units of two-family dwellings required to register
under this Article..
Sections 7-424 is added to require inspection by owners, tenants and the Code Compliance Department of
one-family dwellings, two-family dwellings, and units of two-family dwellings required to register under this
Article.
Section 7-425 and 426 are added to provide criminal and civil enforcement.
After public hearings were held in 2006 to seek public comment on the proposed ordinance, a series of
public meetings were held in 2007 to gather further input on the ordinance.
A public hearing was held by City Council on October 2, 2007 to seek public comment on a proposed
ordinance. The attached ordinance reflects City Council's direction after the conclusion of that public
hearing.
The attached ordinance will be effective upon adoption and publication.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that adoption of the ordinance will result in an deficit in the FY08 Code
Compliance Revenue budget. The deficit will be partially offset by staff vacancies and anticipated
budgetary savings.
TO Fund/Account/Centers FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Carl Smart (6345)
Additional Information Contact: Matthew Wallis (7620)
Logname: 23RENTAL REG Page 2 of 3