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HomeMy WebLinkAboutOrdinance 17071-07-2006ORDINANCE NUMBER 17071-07-2006 AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY RESTORING PROVISIONS FOR STAFF ADMINISTRATIVE AUTHORITY TO APPROVE CERTAIN PERMANENT ENCROACHMENTS; PROVIDING FOR THE FEES CIFIARGED; PROVIDING PENALTIES FOR TI3E VIOLATION THEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has deterrr~ined that it is appropriate to allow staff certain administrative authority to approve encroachments, thereby reducing the processing tune and the documentation sent to City Council far consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Section 7-47 of the Code of the City of Fort Worth (1986} is amended by amending Section 3210 to read as follows: 3280 -Consent Agreements 3210.1 General. All permanent eneroachnaents into public property shall require a duly executed Consent Agreerr;ent approved by City Council. Exceptions: 1. The Building Official is hereby authorized to execute Consent Agreements on behalf of the City covering signs that do not project more than two (2) feet over public property when all requirements of this Code, the Sign Code and the Comprehensive Zoning Code have been satisfied. 2. The Development Director is hereby authorized to execute Consent Agreements on behalf of the City, except as provided in Exception #1 above, when the encroachment beyond the property line extends no closer than within 18 inches of the face of the curb. 321(3.2 Application. The applicant shall execute three (3} copies of a Consent Agreement with the City upon forms furnished by the Building Official. The forms for such agreement shall be approved from time to time by the City Attorney. Executed forms shall be kept and made available in the offices of the Building Official and City Secretary. 3210.3 )Cnsnrance. The Consent Agreements shall be accompanied by proof that the applicant has secured and paid for a policy of public liability insurance covering all public property as described in the Agreement. The amount of insurance coverage shall be at least the maximum amounts of liability which, can be imposed upon the City under State law. Each insurance policy shall provide that it cannot be canceled or amended without at least ten (1 O) days advanced written notice to the City. Insurance shall be maintained for the length of the encroachment. 3210.4 Plans. Each Consent Agreement shall be accompanied by a plan showing the location and amount of public property to be occupied with details of the structure of encroachment. 3210.5 Fee. Along with the Consent Agreements the applicant shall pay a non- refundable application fee as follows: Approved by Fee I. Building Official $170.00 2. Development Director $200.00 3. City Council $500.00 3211 Pe~-naits. Approval of the Consent Agreement does not eliminate the need for proper permits to do work as required by any code of the City. No work may commence without a permit as required by appropriate codes. 3212 Signs. Advertising signs projecting into public property are to be considered a permanent occupancy of public property. Exception: An identification sign displayed as part of the marquee, provided the sign contains no off premise advertising, is displayed to identify or locate the building ar place of business and the height of the message does not exceed three (3) feet. Signs that are covered by existing Consent Agreements shall have those Consent Agreements became nu11 and void when a sign is altered in size, removed or requires structural repair. SECTIOI~I 2. This article 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 article are in direct ennflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SEC`TIOI®I 30 It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this Code. Any person, fine ar corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00} for all violations involving fire safety, or public health and sanitation and shall be fined not more than Five I~undred Dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. SECTI®l~I 4. 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 judgement ar final decree of any 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 in this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTI®1!T 5. This ordinance constitutes a digest and revision of the Building Code of the City of Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter of the City of Fort Worth. The Development Department of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance, as so published, shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTli4N 6, 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 two {2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Chartex of the City of Fart Worth, Texas and by Section 52.013 (a) of the Texas Local Governxanent Code. SEC'I`TON 7. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: ~c~- c~~ Assistant City Attorney Adopted: Sul y 2S, 2406 Effective: 7-6-06 defy ®f ~c~~ UVc~r~h~, texas r r~ct ~~~~ rrr~na~r~ COUNCIL ACTION: Approved on 7125/2006 -Ordinance No. '[7071-07-2006 & 17072-07-2006 DATE: Tuesday, July 25, 2DDf LOG NAl1~E: DfiENCROACHMENT REFERENCE NO.: G-15304 SUBJECT: Adopt Ordinance Amending Section 3210 of the Fort Worth Building Code, City Code Section 2-9 and 7-47 to Allow Administrative Approval of Certain Encroachments that Comply with All City Codes RECOMMENDATION: it is recommended that the City Council: 1. Adopt the attached ordinance to amend Section 321a of the Fort Worth Building Code, City Code Section 7-47 to restore administrative approval previsions far certain encroachments on public property to be approved by the Buifding Official or the Director of Development; 2. Establish a tiered fee structure for this service; and 3. Adopt the attached ordinance to Amend Section 2.9 Part D of the City Code to provide for the administrative approval of certain encroachment agreements. DISCUSSION: The Buifding Code was amended effective Juiy 1, 2Q(}1, (M&C G-13262) to require that "all permanent encroachments into public property shall require a duly executed Consent Agreement approved by City Council." Prior to this update, the Building Code Amendments included the following exceptions to this requirement for City Council approval: 1. The Building Official is hereby authorized to execute Consent Agreements on behalf of the City covering signs that do not project more than two feet aver public property when all requirements of this Code, the Sign Code and the Comprehensive Zoning Cade have been satisfied. 2. The City Manager is hereby authorized to execute Consent Agreements on behalf of the City, except as provided in Exception Na. 1 above, when the encroachment beyond the property line extends no closer than within 18 inches of the face of the curb." This change was prompted by a City Council concern about a downtown patio project in 1999 that was approved administratively and generated a citizen complaint. The unintended consequence of this change is that minor items such as replacement of existing building projections, fences, and steps and new signs and awnings all require Council approval. The result is an increase in the average processing time from less than 30 calendar days to approximately 45 calendar days causing delays in the issuance of building permits. Each year, an estimated 25 encroachment agreements are presented on the City Council consent agenda. Of these, approximately hakf would have been exempt from City Council review under the previous policy. Since the new rules were established, the department has observed a significant increase in the installation of signs prier to issuance of permits as business owners become frustrated with the Logname: 06ENCROACHMENT Page 1 of 2 delays. Adequate building codes, inspection personnel and other professional staff exist to ensure the appropriateness of encroachments in the right-of-way. Staff recommends that the previous exceptions to the requirement for Council approval be restored except that the Development Director will be substituted for City Manager in the second exception. Currently, the Development Director consults with a committee including a Transportation and Public Works representative and the Building Official to make a recommendation to the City Manager's Office. [t is proposed that the Director of Development be authorized fia execute the agreements following this consultation. If this proposed change is approved, the Building Official may authorize sign encroachments up to two feet. The Development Director may authorize all encroachments up to 18 inches behind the face of the curb. The City Council will only consider encroachments into the street and alleys that exceed 18 inches behind the face of the curb. This will save time far City staff, the City Council, and the applicants who are affected by the delays in the issuance of their building permit. The fee for encroachments previously was tiered depending on the level of approval and staff time required. With the 2001 change in the ordinance, only the $450 fee remained since all encroachments require City Council approval. This rate was increased #a $500 in 2003. Fallowing are the proposed authority levels and corresponding fees. A_pnroval Fee Building Official $170.0© Development Director $200.00 City Council $500.00 Any foss in revenue is expected to be less than $5,000 annually and will be offset by more efficient use of staff time. FISCAL. INFORMAT'IONICERTIFICATI©N: The Finance Director certifies that this action will have no material effect on City funds. TO FundlAccountlCenters FRDM FundlAccountlCenters Sul,mitted for City Manager's ®ffice Iav~ Dale Fisseler (8266) Originating Department Head: Bob Riley (8901) Additional Information Contact: Susan Alanis (8180) Logname: 06ENCROACHMENT Page 2 of 2