HomeMy WebLinkAboutOrdinance 17244-10-2006ORDINANCE N0.17244-10-2006
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NUMBER 13896, CODIFIED AS AFPENDIX ~<A~s OF THE CODE OF THE CITY
OF FORT WORTH (1986), T® AMEND CHAPTER ~, ~~ENFORCEMENT" TO
ADD ADDITIONAL ENFORCEMENT, PENALTY -AND REMEDIES
LANGUAGE FROM THE TEXAS LOCAI, GOVERNMENT CODE;
PROVIDING .'T'HAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVER.t~BILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WIIERE~-4S, Chapter S of the current Zoning Ordinance provides for violations
and penalties for a person, firm or corporation that violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of the
Zoning Ordinance and sets out the minimum and rnaxirnum fines for one and two or
more convictions within three years; and
WHEREAS, Section 211.012 of the Local Government Code allows the
governing body of the municipality to enforce any ordinance or regulation adopted under
Subchapter A "General Zoning Regulations" of Title 7, "Regulation of Land Use,
Structures, Businesses, and Related Activities; and
WHEREAS, Section 211.012 contains language allowing the municipality to
take appropriate action to prevent violations of the zoning ordinance adapted pursuant to
Section 211.01.2, including the unlawful erection, construction, reconstruction, alteration,
repair conversion maintenance or use of buildings and structures; the restraint,
correction or abatement of violations, and the prevention of occupancy of the buildings or
structures and the prevention of any illegal acts; and
WHEREAS, it is advisable to amend the Zoning Ordinance to add floe language
found in Section 211.012 of the Local Government Code;
NOW, T1=IEREFORE, BE IT ORDAINED BY TIE CITY COI31®TCIL OF
TI-IE CITY OF FORT WORTH, TE%AS, AS FOLLOWS:
SECTION l..
Chapter S, "Enforcement", of Ordinance No. 13896, the Zoning Ordinance of the
City of Fart Worth, is amended to add a new section, Section $.102 to add the
enforcement language in the Local Government Code to read as follows:
8.x.02. ~.dditeonal Remedies
If a building ar structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained or if a building or other structure, or land is used in
violation of any provisions of this ordinance, the city, in addition to any other
remedies, may institute the appropriate action to:
(1) Prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance ar use;
{2) Restrain, correct, or abate the violation;
{3) Prevent the occupancy of the building, structure, or land; or
{4) Prevent any illegal act, conduct, business, or use on or about the
premises.
SECTI®N 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fart Worth, Texas {1986}, as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Cade, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTI01~ 3.
1t 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
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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 re~~aining 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.
SECTI®l~i 4.
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,oao.aa) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTI®N ~.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Ordinances No. 3x11, 13896 and any other
ordinances affecting zoning which have accrued at the tune 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.
SECT®l~ 6.
The City Secretary of the City of Fort Worth, Texas, is hereby dzrected to publish
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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 Government Cade.
SECTI®loT 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By• ~-- ~~1
Assistant ity Attorney
ADOPTED: .~~ '` `~~~_~ .
EFFECTIVE:, ~ ~`' ~1 ~~~ ~~` F1
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