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HomeMy WebLinkAboutIR 7128 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7128 le To the Mayor and Members of the City Council t f J? June 17, 1986 Subject: PROPOSED CODE ENFORCEMENT ORDINANCE 487S Background During the FY 1982-83 budget process, the Department of City Services was established by combining the functions from solid'waste management, communications, equipment services, and the Clean City Commission. The Environmental Control Division of City Services was created as a result of bringing together inspectors from Development (Zoning), Housing and Community Development, and Health. The Department of City Services has functioned effective since these changes were approved by the City Council ; however, an official ordinance establishing the Department has never been adopted. Code Enforcement Ordinance approved, the proposed ordinance will accomplish three distinct goals: 1) formally establish the Department of City Services; 2) change the name of Environmental Control Division to Code Enforcement Division, and most importantly, 3) provide the City with another means in which to alleviate problems caused by chronic violators. In February, 1986, City staff began drafting the proposed ordinance with e0ki input from the Police, Fire, Health, and Development Departments and the Clean City Commission, Inc. The draft was reviewed by the Committee on Rental Registration and Ordinance Changes which is chaired by Herman Stute (I.R. No. 7097). Several meetings were held during April and the Committee approved the proposal in its present form on April 30, 1986. Expected Benefits Several chronic violations (i .e. trash, junked vehicles, outside storage, etc.) have been identified through the city as cases where nor- mal court proceedings have failed to bring about corrective actions. In these instances, fines have been levied; however, the problem remains and neighborhoods become more frustrated with the City's seeming inabi- lity to solve the problem. The proposed Code Enforcement Ordinance would allow a limited number of chronic cases to be presented to the Council (similar to the sub-stan- dard housing cases) for abatement by private contractor. The cost for this action plus an administrative fee will be charged as a lien against the property involved. Only the worst cases will be selected due to the limited amount to be budgeted for this activity. Staff is available to answer any additional questions the Council may have concerning the provisions of the Code Enforcement Ordinance. 4ouglas Haman City Manager DH:kcn I ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ATTACHMENT FOR I NO. 7128 ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER 11A OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , AS AMENDED; ESTAB- LISHING A DEPARTMENT OF CITY SERVICES OF THE CITY OF FORT WORTH; CREATING THE POSITION OF DIRECTOR OF CITY SERVICES; SPECIFYING THE DUTIES OF THE DEPARTMENT AND THE DIRECTOR; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF EMPLOYEES BY THE DIRECTOR ; DECLARING CERTAIN CONDITIONS TO BE NUI- SANCES; PROVIDING FOR THE VOLUNTARY ABATEMENT OF NUI- SANCES; ESTABLISHING PROCEDURES FOR CITY COUNCIL HEARINGS AND DECISIONS CONCERNING NUISANCES; ESTABLISHING PROCEDURES FOR THE ABATEMENT OF NUISANCES BY THE DEPART- MENT OF CITY SERVICES; PROVIDING FOR THE ASSESSMENT OF LIENS FOR ABATEMENT COSTS- PROVIDING FOR THE DISPOSITION OF CERTAIN ARTICLES OF PUBLIC PROPERTY; PROVIDING FOR THE ENFORCEMENT OF SUCH ORDINANCE; PROVIDING A PENALTY; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES NOT IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVID- ING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICA- TION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That a new Chapter 11A of the Code of the City of Fort Worth. Texas (1964) ,, as -amended, shall be, and the same is hereby, estab- lished, which new chapter shall read and be as follows: CHAPTER 11A DEPARTMENT OF CITY SERVICES ARTICLE I - IN GENERAL Sec. 11A-1 . Department established and organized. A Department of City Services is hereby established. The Department shall be under the supervision of the Director of City Services who shall be subject to appoint- ment and removal by the City Manager. The salary of the Director of City Services shall be in accordance with the compensation plan of the City. Sec. 11A-2. Responsibilities generally. The Director of City Services shall be in charge of the Department of City Services and shall be responsible -for enforcement of this chapter and of the City 's environmental, housing and zoning codes and ordinances; maintaining the City's vehicular and equipment fleet; providing refuse collection and disposal services to the general public; and coordinating the Clean Community System Program. Sec. 11A-3. Duties of the department. The Department of City Services shall have the following duties: ( 1 ) The Director of the department shall act to coordinate activities within the department. The Director shall provide overall management functions for the Department, including contract management, fiscal control, personnel/safety programs, and administration of the Clean Community System Program. (2) The Director shall designate employees to enforce City Code provisions. The Code Enforcement personnel shall be responsible for performing recurring inspec- tions of properties in order to cause abatement of environmental, health, zoning and housing nuisances. These employees shall prepare cases for review by the Building Standards Commission and the City Council. They will initiate and participate in legal action, when required, to be processed through the Municipal Court and the Tarrant County court system and in nuisance abatement actions performed by the City. (3) The Department shall be responsible for acquiring, monitoring, servicing and repairing motor vehicles and equipment used by all city departments. Fuels and lubricants shall be researched, purchased and dis- tributed by the Department. The Department shall establish rental rates for classes of equipment and vehicles and shall recommend to the office of Management Services amounts to charge user depart- ments. (4) The Department shall be responsible for solid waste management, brush and bulky waste removal and the management, collection and disposal of municipal solid waste. The Department shall purchase and dis- tribute plastic bags used in the collection programs. 000, -2- (5) The Department shall be responsible for administering a Clean Community System Program. The Clean Community System Program is for the purpose of reducing litter in the community to an acceptable level. The Program shall coordinate its activities with the private sector and utilize volunteers to carry out its objec- tives. Sec. 11A-4. Appointment of employees. The Director of City Services shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as he may deem necessary for the efficient administration of the affairs of the Department of City Services and to prescribe and fix their duties and scope of authority within the budget approved by the City Council. Sec. 11A-5 reserved. ARTICLE II. CODE ENFORCEMENT Division 1 - Generally Sec. 11A-6. Authorization. The Director of City Services and all duly authorized employees of the code enforcement division shall have the authority to enforce provisions of the City Code and other city ordinances relating to environmental, health, zoning and housing according to specific enforcement procedures set forth in the said Code chapters and ordinances, including but not limited to the following code provisions: a. Chapter 27, Section 54 (parking of vehicles in front and side yards) ; b. Chapter 20 (Minimum Building Standards Code) ; co Appendix A (Comprehensive Zoning Ordinance) ; d. Chapter 26, Article VII ( junked vehicles) ; e. Chapter 11A (Department of City Services) . Sec. 11A-7. Definitions. The following words, when used in this Chapter, except where otherwise provided, shall have the meanings respectively ascribed to them in this section: -3- Animal. All domesticated living creatures except man. Boardinghouse. Every building and every story and portion thereof which is at any time or usually used, leased or occupied, or intended to be, by any number of persons exceeding ten ( 10) as boarders thereat. Filthy ash heaps. Cinders, coal and everything that usually remains after fires that has been mixed with garbage or filth of any kind. Garbage. Kitchen refuse, ordinarily including only food stuffs or related material. Lodginghouse. Any house or building or portion there- of in which persons are harbored, received or lodged for hire for a single night or for less than one ( 1 ) week at a time, or any part of which is let to any person to sleep in for any term less than one (1 week. Owner. Any person shown as the property owner on the latest property tax assessment rolls, or any person having, or claiming to have, any legal or equitable interest in the property. Property. Any lot, tract, ground, parcel of land, building, structure or any other premises. Rubbish. All loose and decayed material and dirt-like substances that attend use or decay, or which accumu- late from buildings storing or cleaning. Refuse. All wastes, resulting from domestic, commer- cial or industrial operations incident to urban life, except sewage, but including garbage, brush and trash. Tenement house. Every house, building or portion thereof which is rented, leased, let or hired out to be occupied or is occupied as the house, home or residence of more than three (3) families, living independently of one another and doing their cooking upon the premises, or by more than two (2) families upon a floor, so living and cooking, but having a common right in the halls, stairways, yards, water closets, privies or some of them. Trash. All refuse other than garbage, brush, large appliances and trees and shall include household -4- ° trash (discarded growth; toys, paper, etc. ) and yard trash (grass clippings, small shrub and tree trim- mings, leaves, etc. ) . Division 2. -- Weeds and brush Sec. 11A-8. Weeds and brush, high growth and accumula- tion prohibited, exception. (a) It shall be unlawful to suffer or permit grass, weeds or any plant that is not cultivated, to grow to a greater height than twelve (12) inches on an average or to grow in rank profusion upon any property. (b) With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the pro- visions of this section shall not be applicable to any area greater than one hundred (100) feet from any open public street or way and greater than one hundred ( 100) feet from any adjacent property under different ownership on which any building is located or on which any improve- ment exists. (c) It shall be unlawful for any person having charge or control of any property to suffer or permit grass, fir• weeds or any plant that is not cultivated, to grow in rank profusion, or otherwise, in or upon the parkway adjacent thereto or the area between the property line and the curb line or within the area ten ( 10) feet beyond the property line, to a height greater than twelve ( 12) inches on an average. (d) It shall be unlawful to suffer or permit any rubbish, brush or other objectionable, unsightly or unsan- itary matter of whatever nature to accumulate or be present upon any property, and all such accumulation shall be deemed a nuisance. Sec. 11A-9. Cutting, clearing required. It shall be the duty of the owner of any property situated within the City, whether occupied or unoccupied, improved or unimproved, or of any person or occupant having supervision or control of such property, to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, plants, rubbish, brush and any and all other objectionable, unsightly or unsanitary matter of whatever nature, as described in the preceding section, as often as may be necessary to comply with the provisions of this chapter. -5- Sec. 11A-10. Abatement by city; costs of abatement to be 1 men. In the event that the owner of any property situated within the city shall fail to comply with Section 11A-8, the code enforcement division may notify such owner by letter addressed to him at his post office address, or by publication as many as two (2) times within ten ( 10) con- secutive days in the official newspaper, if personal ser- vice may not be had as aforesaid, or the owner's address is not known, of such owner's failure to comply with Section 11A-8, and at the expiration of ten (10) days after notification, the city may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth in Section 11A-8. A statement of the costs incurred by the city to abate such condition shall be mailed to the owner of such premises, which costs shall be paid within thirty (30) days of the date of the mailing thereof. If such costs have not been paid within such period, the Director of City Services may file a statement with the county clerk of the expenses incurred to abate such condition on the premises, and the city shall have a privileged lien on any lot, tract or parcel of land upon which such expense was incurred, second only 000, to tax liens and liens for street improvements, together with ten (10) per cent on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure be had in the name of the city, and the statement of costs so made, as aforesaid, or a copy thereof,, shall be prima facie proof of the amount expended for any such work performed by the city. Secs. 1IA-11 through 11A-16. Reserved. Division 3 - Nuisances A. Generally. Sec. 11A-17. Nuisances declared. Whatever is dangerous to human life or health, what- ever renders the ground, the water, the air or food a hazard or injury to human life or health or that is offen- sive to the senses, or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance and shall be unlawful, and the specific acts, -6- conditions and things set forth in this Chapter are, among others, declared to be nuisances and prohibited and made unlawful. 'Sec. 11A-18. Stables, stalls, etc., in which manure accumulates. It shall be unlawful to keep or permit to be kept any stable, stall, shed or apartment, or any yard or appurte- nance thereof, in which any horse, cattle, cow, swine or any other animal shall be kept, or any other place within the city in which manure or liquid discharges of such animals shall collect or accumulate, • in an unclean and unsanitary condition which allows offensive smells to escape therefrom; provided that nothing in this section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating same, when such deposits are maintained so as to prevent the breeding of flies. Sec. 11A-19. Pigpens, lots, stables, etc. , restricted; exceptions. (a) It shall be unlawful to keep or permit to be kept swine in any pen, lot, stable, yard, shed, sty, or any 000` other place within the city; providing, however, that this section shall not prohibit the lawful operation of slaughterhouses or the keeping of swine for processing by slaughterhouses in the city, nor prohibit the exhibition of swine for a period not to exceed twenty-one (21 ) days in connection with agricultural expositions or fairs. (b) It shall be unlawful to keep or permit to be kept any pig pen, lot, stable, yard, shed, sty or other place in which swine are kept within the city which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof or which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities. Sec. 11A-20. Dog kennels within 300 feet of residences. (a) It shall be unlawful to keep or permit to be kept any dog kennel within three hundred (300) feet of any residence in the city. -7- (b) As used herein, the term "dog kennel" shall mean: ( 1 ) Any building, lot, yard, shed or other place on or in which four (4) or more dogs more than eight (8) weeks old are kept; or (2) Any building, lot, yard, shed or other place on or in which one or more dogs are housed or boarded for pay. Sec. 11A-21 . Keeping of cattle, horses„ sheep, goats; regulations. It shall be unlawful to keep, possess or maintain any horse, mule, donkey, or other animal of the equine family or any cow, calf, steer or bull or other member of the bovine family or any sheep, ram, ewe, lamb, or any goat, billy, nanny or kid on any parcel of land unless such parcel of land shall have a minimum area of seven thousand five hundred (71500) square feet for one such animal, and seven thousand five hundred (7,500) additional square feet for each additional animal. It shall be unlawful to keep, possess or maintain any horse, mule, donkey, cow, calf, steer, bull, sheep, ram, ewe, lamb, goat, billy, nanny or kid within one hundred (100) feet of any residence or !► building used for human habitation (other than that of the keeper or owner of such animal) , any restaurant, cafe, or other public eating place, or any church, school or hospi- tal. If such animal is kept in or confined by any building or structure, such as a stable, barn, shed, pen or fence, such distance of one hundred (100) feet shall be measured in a straight line from the nearest point of such building or structure to the nearest point of such residence or building used for human habitation, restaurant, cafe, other public eating place, or church, school or hospital. Sec. 11A-22. Keeping chickens, fowl or other animals within fifty feet of a residence, etc. (a) It shall be unlawful to keep, possess or maintain any rabbit, guinea pig, pigeon, chicken, turkey, goose, duck, pea-fowl, or other fowl in any pen, enclosure, or other structure, within fifty (50) feet of any residence, church, school, hospital, convalescent home or nursing home, other than the residence of the keeper, possessor or owner of such animal or fowl, such distance of fifty (50 ) feet to be measured in a straight line from the nearest point of any pen, enclosure or other structure in which such fowl or animal is kept to the nearest point of such residence, church, school, convalescent home or nursing home. -8- (b) All litter and droppings from such animal or fowl shall be collected daily in a container or receptacle of such type that, when closed, is ratproof and flytight and after each collection, such container or receptacle shall :be kept closed with a ratproof and flytight lid, and such keeper shall maintain such container or receptacle in such condition as to prevent the escape of odor from such litter or droppings. At least once each week, all litter and droppings so collected shall be disposed of in such a way as not to permit fly breeding. Sec. 11A-23. Discharge of liquid waste on streets, etc. It shall be unlawful to allow to accumulate on or be discharged from any place into any public street, alley or private property in the city, urine liquid waste from stables, swill, water from privy vaults, water from sinks, waste water, or any foul or nauseous liquid waste of any kind whatsoever. Sec. 11A-24. Accumulations of unsound meat, decayed vegetables, rubbish, etc. It shall be unlawful to allow to accumulate or remain in or on any property any putrid or unsound meat, pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, garbage, offal, rubbish, dirt or filth of any kind which, by its decay or putrefaction, is offensive to human beings or detrimental to health. Sec. 11A-25. Burning manure, straw, garbage, etc. It shall be unlawful to burn on any street, alley, or public or private property in the city, any manure, straw, garbage or any refuse of any kind or description, unless such burning is performed in an incinerator approved by the Director of City Services. Sec. 11A-26. Filthy drains, leaking garbage receptacles, manure boxes, etc. it shall be unlawful to keep or maintain any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking or broken slop, garbage or manure boxes or receptacles of like character, whenever or wherever found within the city. Sec. 11A-27. Vegetable wastes, garbage, etc. , on private alleys, etc. it shall be unlawful to accumulate or allow to accumulate any vegetable waste, litter, garbage, filth or -9- refuse of any nature, kind or description whatsoever in or upon any private alley, yard or property within the city except in a garbage container approved by the Director of the Department of City Services. Sec. 11A-28. Depositing or throning articles into sever, sewer inlet, etc. It shall be unlawful to deposit or throw into any sewer, sewer inlet or privy vault, which has a sewer con- nection, any article whatsoever that may interfere with the operation of the sewer or otherwise create a nuisance. Sec. 11A-29. Tenement houses, boardinghouses, lodging- houses, etc. , to be sufficiently lighted and ventilated and kept in sanitary condi- tion. Any tenement, boardinghouse, lodginghouse or any building, or any part thereof, used for such purposes within the city, which shall be leased, let or rented, to be occupied by any person for the purpose of dwelling or lodging, and which tenement, boardinghouse, lodginghouse or building, or any part thereof, is not sufficiently lighted or ventilated and provided with water, and kept in 0011` a clean and sanitary condition, or which in any part thereof, the strength, ventilation, light or sewerage is in any manner, shape or form, dangerous, insufficient or prejudicial to life or health, or which shall not be pro- vided with adequate and properly constructed sinks and water closets, shall be deemed a nuisance and is hereby prohibited. Sec. 11A-30. Requirements as to vehicles hauling gar- bage, swill or other offensive natter. Every vehicle used to transport manure, garbage, swill, ashes, cinders or other loose material on any street in the city shall be fitted with a good and sub- stantial tight box thereon, the sides and tailboard of which shall not be less than twenty-four (24) inches high, so that no portion of such manure or other loose material shall be scattered or thrown into the street. All vehicles used for hauling garbage, swill or other offensive matter shall have the box thereon closely covered with sufficient covering, or so closely fitted as to prevent the escape or flying about of any of the contents or effluvia there- from. The person using any vehicle, or causing any vehicle to be used for the purpose herein named, which does not comply with the provisions of this section shall be deemed guilty of a misdemeanor. -10- Sec. 11A-31 . Fonds or pools of unwholesome water. It shall be unlawful to keep or maintain on any prop- erty within the city a pond, pool or container which con- tains unwholesome, impure or offensive water, or which is conducive to the breeding of mosquitoes. Sec. 11A-32. Grading, erosion or improper drainage. It shall be unlawful to keep, possess or maintain any lot or piece of ground where grading, erosion, ponding or improper surface drainage causes materials to be washed or deposited upon streets, alleys or other public property. Sec. 11A-33. Clotheslines in front yards and on front porches. (a) It shall be unlawful to place or maintain a clothesline in the front yard of any lot or piece of ground which is zoned "A" one-Family, "A R" Residential, "B" Two-Family or "R-1 " Residential under the Comprehen- sive Zoning Ordinance, and such condition shall be deemed a nuisance. (b) It shall be unlawful to place or maintain a w. clothesline on the front porch of any dwelling which is located on a lot or piece of ground which is zoned "A" One-Family, "A R" Residential, "B" Two-Family or "R-1 " Residential under the Comprehensive Zoning Ordinance, and such condition shall be deemed a nuisance. Sec. 11A-34. Storage of debris, rubbish, trash, dis- carded furnishings, etc. It shall be unlawful to store or accumulate or permit the storage or accumulation on any property of any: (a) debris, rubbish or trash; (b) broken or discarded household furnishings, appli- ances, boxes and cartons, lawn maintenance equipment, play equipment, toys and similar items; (c) used or discarded building materials; (d) discarded, wrecked or inoperable appliances, machines and tools; (e) materials or items of any nature stored on roof- tops or porches of buildings when visible from the public right-of-way or neighboring property; -11- (f) dirt gathered during cleaning of yards; (g) waste of mills or factories; (h) damaged merchandise; or ( i) wet,, broken or leaking barrels, casks or boxes; (j ) any other materials which are offensive or tend by decay to become putrid or to provide harborage for rodents. This prohibition shall not apply to lawful storage by a person engaged in the business of dealing in junk who is licensed by the City and is in compliance with the Comprehensive Zoning Ordinance and other applicable laws and ordinances. Sec. 11A-35. Responsibility of owner and/or occupant upon vacating premises. Upon vacating or abandoning any premises, the owner and/or occupant thereof shall be responsible for removing any and all noxious or hazardous material or waste matter which has been deposited or permitted to accumulate there- on, and such premises shall be left in a clean and neat condition. Secs. 11A-36 through 11A-51 . Reserved. B. Abatement Sec. 11A-52. Order of abatement. Whenever the Director of City Services finds, upon the recommendation of a duly authorized employee involved in code enforcement, that a nuisance as defined in this Chapter exists in or on any building, structure or prop- erty within the city, he shall advise the property owner of the nuisance and direct him to abate the nuisance. The property owner shall be notified of the existence of the nuisance in writing. Such notification shall detail the violations and establish a reasonable abatement per- iod. Sec. 11A-53. Extension of time. Whenever an order has been given by the Director of the Department of City Services to abate or remove any oP► -12- nuisance that may exist upon any lot or premises, under the provisions of Section 11A-52, the owner thereof shall have the right, within the period of time given in the order for abatement, to appear at the office of the Director of the Department of City Services to show cause why such order should not or cannot be complied with, and the Director of the Department of City Services may, at his discretion, give such extension of time for the abate- ment or removal of such nuisance as may be necessary, pro- vided that there is no immediate danger to the public health. Sec. 11A-54. Voluntary abatement. The owner of any building, structure or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period by repair or removal. The City Services Department shall be advised of the abatement and shall inspect the premises to insure that the nuisance has been abated. Should any of the items which constitute a nui- sance be placed on other public or private property with- out consent from the owner or person in control of such property, this will constitute a separate violation and appropriate enforcement action shall be taken by the Code Enforcement Division. Sec. 11A-55. Failure to voluntarily abate nuisance. If a nuisance is not properly abated within the period established under the provisions of Sec. 11A-52, the City Council shall hold a public hearing to determine if the nuisance should be abated under the police powers of the city. Sec. 11A-56. Notice of public hearing. A written notice of the public hearing before the City Council shall be served on the property owner at least 10 days prior to the date set for the public hear- ing. Service shall be made upon the owner by personal service, or by certified or registered mail. If there is no known address for the owner, the notice shall be sent in care of the property address, and notice of the hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings. -13- Op` Sec. 11A-57. Hearing by the City Council. At the public hearing, the City Council shall hear and consider all relevant evidence, objections or protests -and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time. Sec. 11A-58. Decision of the City Council. Following the public hearing, the City Council shall consider all evidence and determine whether the property, or any part thereof, constitutes a public nuisance as alleged. If the Council finds that a public nuisance does exist and that there is sufficient cause to abate the nui- sance, the City Council shall make a written order setting forth the findings and ordering the owner or other person having charge or control of the property to abate the nui- sance by repair or removal in the manner and by the means specifically set forth in that order. The order shall set forth the times within which the abatement shall be com- pleted. Sec. 11A-59. Limitation on filing judicial actions. Any owner or other person with a vested interest who is aggrieved by the decision of the City Council ordering the abatement of any public nuisance under the provisions of this Chapter may contest such decision by filing a petition in court within ten ( 10) days of the date of the decision of the City Council. Otherwise, the decision of the City Council shall be deemed final and conclusive, and all objections to such decision shall be deemed waived. Sec. 11A-60. Service of abatement order, within five days following the decision of the City Council, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order in the manner provided in Sec. 11A-56. Sec. 11A-61 . Abatement by property owner, The property owner, or person having charge or con- trol of the property, may at his own expense abate the nuisance as prescribed by the order of the City Council prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by a rep- -14- Op", resentative of the Code Enforcement Division and has been abated in accordance with the order, the proceedings shall be terminated. -Sec. 11A-62. Abatement by city. If a nuisance is not completely abated within the time prescribed in the City Council order, the Director of City Services, or other designated city official, is authorized and directed to cause the nuisance to be abated by city forces or private contract. In furtherance of this section, the Director of City Services or his designated agent or private contractor is expressly authorized to enter upon the property to abate the nuisance. Sec. 11A-63. Abatement of health nuisances. Notwithstanding anything contained in this chapter to the contrary, whenever the Director of City Services finds that a nuisance exists within the City which is dangerous to human health, the Director is authorized to order the owner of the premises whereon such nuisance exists, to abate or remove the same within such time as may be speci- fied within the order. If the owner fails, neglects or refuses to obey any order issued under the provisions of the preceding section, or if the premises are unoccupied, and the owner or his agent cannot be found, the Director of the Department of City Services is authorized to abate or remove such nuisance without a public hearing before the City Council and shall defray the expenses thereof out of any moneys in the city treasury available for such pur- poses. Sec. 11A-64. Record of abatement costs. (a) The Director of City Services, or such other city official as the Director may designate, shall keep an account of the costs (including incidental expenses) of abating the nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement of said nuisance, including any salvage value relating thereto; provided that before said report is sub- mitted to the City Council a copy of the same shall be served on the property owner in the manner provided in Section 11A-56, together with a notice of the time when said report shall be heard by the City Council for confir- mation. (b) The City Council shall set the matter for hearing to determine the correctness and reasonableness of the abatement costs. (c) Written proof of the service of such report shall be made under oath and filed with the City Secretary. (d) The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of work, and costs of printing, mailing and publication required hereunder. Sec. 11A-65. Report - hearing and proceedings. The City Council shall hear and pass upon the report of the abatement costs,, together with any objections or protests. Thereupon, the City Council may make such revi- sion, correction or modification in the report, as it may deem just, after which, the report, as submitted or as revised, corrected or modified, shall be confirmed by the Council. The decision of the City Council on the correct- ness and reasonableness of abatement costs shall be final and conclusive. 000*1 Sec. 11A-66. Assessment of costs against property-lien. (a) The total cost of abating such nuisance, as con- firmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates,, and,, upon recordation in the Office of the County Clerk of a notice of lien, as so made and con- firmed,, shall constitute a lien on said property for the amount of such assessment. (b) After such confirmation and recordation, a copy of the notice of lien may be turned over to the City Tax Department, whereupon it shall be the duty of the Tax Collector to add the amounts of the respective assessments to the next regular city tax bills for said respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ad valorem taxes are collected and shall be subject to the same penalties and the same procedure under fore- closure and sale as in the case of delinquent ad valorem taxes. (c) At any time after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. -16- Sec. 11A-67. Disposition of certain articles of personal property. (a) The Director of City Services shall hold any articles of personal property, except motor vehicles, removed during nuisance abatement proceedings, which are = still usable for the purpose for which they were original- ly intended. Any such items which remain in the custody of the Department of City Services for a period of thirty (30) days without being claimed by the owner, whether known or unknown, may be sold by the City Purchasing Agent at public auction. Any proceeds from such a sale shall be credited first to costs of abatement of the nuisance and any excess shall be returned to the owner. (b) At least ten (10) days' notice of the time and place of sale of all property to be offered for sale and a descriptive list of the property to be offered for sale shall be posted at the Tarrant County Courthouse and at any regular entrance to the Fort Worth City Hall and a copy thereof sent by registered mail to the last known address of the owner, if the name of such owner is known to the purchasing agent. Thereafter, such property shall be offered for sale at public auction to the highest bidder. Such property may be sold as individual items or assembled in lots at the discretion of the purchasing agent. 001` (c) Any such articles of personal property which are claimed by the owner from the Director of City Services during such 30-day period shall be returned only if the owner gives adequate assurances to the Director that such property will not continue to be used or stored in such a manner as to constitute a nuisance. (d) Any articles of personal property which are not usable for the purpose for which they were originally in- tended may be disposed of by the Director of City Services. (e) Motor vehicles removed during nuisance abatement proceedings shall be disposed of according to TEX. CIV. STAT. ANN. Art. 4477-9a (1986) Article V. Vernon Supp. Sec. 11A-68. Penalties. (a) Any person, firm or corporation who violates, disobeys or omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Chapter shall be fined not more than One Thousand Dollars ($11000) for each offense involving fire safety, zoning or public health and sanitation, including dumping of refuse, and shall be fined not more than Two Hundred Dollars f ($200.00) for all other violations of this chapter. -17- (b) Any person, firm or corporation, whether as owner, agent or lessee, or other person having charge or control of any property in the City, who maintains any nuisance in violation of this Chapter, or who violates any -order of abatement served as provided in Section 11A-52, shall be fined not more than one Thousand Dollars ($1 ,000) for each offense involving fire safety, zoning or public health and sanitation, including dumping of refuse, and shall be fined not more than Two Hundred Dollars ($200.00) for any other violations of this chapter. (c) Any person, firm or corporation who obstructs, impedes or interferes with a representative of the City, with a representative of a city department or with a per- son who has been ordered to abate a nuisance pursuant to this chapter and is lawfully engaged in such abatement, shall be fined not more than Two Hundred Dollars ($200) for each offense. (d) Each day that a violation occurs or is permitted to exist shall constitute a separate offense. Sec. 11A-59. Liability of owner or agent renting build- ings for condition of halls, yards, water closets, etc.--Generally. Whenever any owner or agent of any building in the city shall rent, lease or hire out to be occupied any building or part thereof as a home or residence for more than two (2) families living independent of one another, or a building to different persons for stores and offices in such building, giving to each family or person the common right to halls, yards, water closets or privies, or some of them, then such owner or agent shall be liable for the condition of such halls, yards, water closets or privies, and such owner or agent may also be made a defen- dant in a prosecution for the violation of the provisions of this chapter, and be subject to fine, the same as the occupant of the premises, and any prosecution for viola- tion of this chapter may be maintained against the occu- pants, owner or agent of the premises, or either or all of such parties. Sec. 11A-70. Enforcewent. The Director of City Services and his designees shall have the power to issue Class C misdemeanor citations to any person violating any provision of this chapter and to otherwise enforce the provisions of this chapter. Opp,*' -18- This section shall not be construed so as to prevent employees of the Department of Health or other authorized personnel of the City of Fort Worth from enforcing the provisions of this chapter. Sec. 11A-71 . Additional enforcement. Nothing in the foregoing sections shall be deemed to prevent the City Attorney from commencing civil or crimi- nal proceedings to abate a public nuisance as an addi- tional or alternative means of enforcement. SECTION 2. The following sections of the Code of the City of Fort Worth are hereby repealed: Sec. 19-371 through Sec. 19-383; Sec. 19-389 through Sec. 19-398; Sec. 27-35 through Sec. 27-38 SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964) , 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 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 unconstitu- tional 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 -19- 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 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 19 or any other ordinances relating to health,, zoning, environmental and housing nuisances which have accrued at 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 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, penalty and effective date of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1 , Revised Civil Statutes of Texas. ell -20- SECTION 8. This ordinance shall be in full force and effect from and after its 'passage and publication as required by law, and it is so or- dained. APPROVED AS TO FORK AND LEGALITY: My Attorney Date: ADOPTED: EFFECTIVE: