HomeMy WebLinkAboutIR 25-0009INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 25-0009
To the Mayor and Members of the City Council
January 14, 2025
Page 1 of 1
SUBJECT: CODE COMPLIANCE COMMERCIAL PROPERTY FINES
The purpose of this Informal Report is to explain when the City last reviewed the fines for commercial property
violations and if the fines should be increased.
Ordinance Amendment
An amendment to the Texas Penal Code enacted by the 79t" Texas Legislature requires the inclusion of a
culpable mental state for certain offenses defined by municipal ordinances. Texas Penal Code Section 6.02
requires proof of a culpable mental state for offenses punishable by a fine exceeding $500. Where a possible
fine is less than $500, the City may choose not to require a culpable mental state.
In February 2019, to comply with state law, the City Council revised sections in the Code to specify a culpable
mental state for all violations where possible punishment exceeds $500 and removed the requirement for any
violation where the punishment is less than $500. As a result, a fine for the violation of an ordinance that
governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed
$2,000. All other violations may not exceed $500.
Commercial Code Violations
Below are the most common citations issued for commercially zoned properties. If paid after a plea of no
contest, the fine for each violation is $500 plus an additional $76 for court costs as determined by State law. If
an individual pleas not guilty and elects to go to court or otherwise be arraigned, our Municipal Court
prosecutors make a recommendation on the fine amount within the range noted above and the fine schedule is
decided and approved by the City's Chief Judge on a case by case basis.
Citation Code
FY2020
FY2021
FY2022
FY2023
FY2024
YTD FY2025
Certificate Of Occupany - Vacant Land (59101)
1
3
0
2
16
4
Certificate of Occupancy - Building (59201)
17
24
13
12
34
15
Illegal Land Use (59400)
457
415
405
266
208
44
Outdoor Storage and Display (59411)
12
1 20
1 20
1 8
1 25
1 5
Automotive Repair/Paint & Body Shop (59416)
0
0
1
2
13
4
Dumpster Screening Requirements (59427)
0
0
0
6
27
3
Recommendation
The City operates within State law with regard to fines imposed for commercial code violations, with the Judge
determining the final fine within a range, so there is no recommendation at this time.
For questions regarding this information, please contact Brian Daugherty, Code Compliance Director at
Brian. Daugherty(u-)fortworthtexas.gov or (817) 392-6322.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS