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HomeMy WebLinkAboutOrdinance 15503ORDINANCE NO. ~ ~ ~ O AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS", ARTICLE IV, "MINIMUM BUILDING STANDARDS CODE", DIVISION 2 "ADMINISTRATION" BY ADDING SECTION 7-78 "APPEALS BOARD", BY AMENDING DIVISION 4, "ADMINISTRATIVE AND CIVIL REMEDIES", BY REMOVING SECTION 7-107 "CITY COUNCIL REVIEW" AND REPLACING IT WITH SECTION 7-107 "REVIEW BY APPEALS BOARD" AND AMENDING SECTION 7- 108 "JUDICIAL REVIEW", BY REPLACING THE WORDS "CITY COUNCIL" WITH "APPEALS BOARD" WHEREVER THEY APPEAR IN THAT SECTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE iDATE. RE IT OR®AINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The Code of the City of Fort Worth, Texas (1986) as amended, is amended by the amendment of Chapter 7, "Buildings", by the amendment in part of Article IV, "Minimum Building Standards Code", Division 2 "Administration" by adding Section 7-78 "Appeals Board" and by amending Division 4 "Administrative and Civil Remedies", by replacing Section 7-107 "City Council Review" with Section 7-107 "Review by Appeals Board" and amending Section 7-108 "Judicial Review" by replacing the words "City Council" with "Appeals Board" wherever they appear in that section, so that said sections shall read as follows: Section 7-78. Appeals Board. (a) There is hereby established an Appeals Board. (b) The board shall consist of five (5) members, each of whom shall be a duly qualified elector and a resident of the City of Fort Worth. Each member of the board shall be appointed by the City Manager with the approval of the City Council. It is the declared policy of the city that the City Council shall consider for appointment to the board only those persons who have demonstrated their civic interest, general knowledge of the community, independent and intelligent judgment, understanding of building standards, understanding of neighborhood integrity, and availability to prepare for and attend appeal sessions, and who by reason of diversity of their occupations, constitute a board which is broadly representative of the community. (c) Members of the Appeals Board shall be identified by place numbers 1 through 5. The individuals appointed to ~ Place 5 must be licensed to practice law in the State of Texas. Licensed attorneys that serve as member(s) in Place 5 shall have a working knowledge of real property law, constitutional law, business law and civil litigation. (d) Except as provided in subsection (e) below, members of the Appeals Board shall be appointed for two-year terms, unless removed prior to the expiration of the term. Members of the Appeals Board shall be subject to removal at any time by the City Manager with the approval of the City Council. (e) Members of the Appeals Board in the odd-numbered places shall serve terms expiring September 30 of odd-numbered years.. Members of the Appeals Board in the even-numbered place shall serve terms expiring September 30 of the even-numbered year. The initial terms of the first Appeals Board shall terminate as follows: The term for Place 1 on the Appeals Board shall terminate on September 30, 2003, Place 2 on the Appeals board shall terminate on September 30, 2004, Place 3 on the Appeals Board shall terminate on September 30, 2003. Place 4 on the Appeals board shall terminate on September 30, 2004 and Place 5 on the Appeals Board shall terminate on September 30, 2003. (f) Any vacancy in the membership of the Appeals Board shall be filled by the City Manager with the approval of the City Council for the un-expired term of the member whose place has, by removal or otherwise, become vacant. Vacancies shall be filled within sixty (60) days after the City Manager with the approval of City Council removes the member or within sixty (60) days after the City Manager and City Council receive notice of the member's resignation. Appeals Board Members may be appointed to succeed themselves. (g) The Appeals Board shall follow all established procedures and standards on the effective date thereof. (h) Director means Director of Code Compliance Department or designee. Sec. 7-107. Review By Appeals Board. (a) Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by a ruling and/or order of the Commission issued under this Article may file a written petition with the Appeals Board to review the order of the Commission. The petition shall specify: (1) That the ruling and/or order of the Commission is unreasonable, either in whole or in part; and (2) The grounds for the appeal. (b) The petition must be filed by the property owner, lienholder and/or mortgagee within thirty (30) calendar days after the ruling is issued by the Commission and/or after the effective date of the Commission's order. The appeal shall be filed no later than 5:00 p.m. with the City Secretary. (c) All rulings and/or orders of the Commission that are not appealed to the Appeals Board shall become final after the expiration of the thirtieth (30) calendar day period. (d) The Appeals Board shall hold a public hearing to review the ruling and/or order of the Commission no earlier than the tenth (10th) day after the petition is filed and no later than the sixty-fifth (65th) day after the petition is filed. The Director shall give the petitioner a minimum of three (3) days notice of the date, time, and place of the Appeals Board hearing. Notice shall be in writing and sent certified mail, return receipt requested. The petitioner and the Director may bath present arguments and evidence to the Appeals Board during the hearing. The Appeals Board's review shall be limited to the following issues: (1) Whether substantial evidence was presented to the Commission to support the Commission's determination that the building or structure is: (a) substandard; or (b) substandard and a hazard to the public health, safety and/or welfare. (2) Whether the Commission's determination that the building or structure should be demolished is supported by substantial evidence. (3) ,Whether the petitioner can reasonably complete the work required within the time granted by the Commission. (4) Whether the amount of civil penalty assessed by the Commission is unreasonable. (5) Whether the ruling of the Commission is unreasonable. (e) The Appeals Board may reverse, reverse and remand, modify, or uphold the order of the Commission, and shall issue its decision in a written order signed by any Member of the Appeals Board within 30 days of the hearing. Within 10 days after the order is issued by the Appeals Board, the Director shall mail by first class mail, certified return receipt requested mail, a copy of the order to the appealing party, the owner of the property, building or structure, and to any known lienholder and mortgagee of the property, building or structure. The ~:i#~Ge~t~ Appeals Board shall be held to the same restrictions as the Commission, as specified in Section 7- 102 of this Article. (f) The Appeals Board may reverse and remand with direction, reverse and render a new direction, or uphold a ruling of the Commission, and shall issue its decision in a written order signed by any Member of the Appeals Board within 30 days of the hearing. Within 10 days after the order is issued by the Appeals Board, the Director shall mail by first class mail, certified return receipt requested mail, a copy of the order to the appealing party, the owner of the building or structure, and to any known lienholder and mortgagee of the property, building or structure. The Appeals Board shall be held to the same restrictions as the Commission, as specified in Section 7-102 of this Article. (g) The order of the Appeals Board shall be deemed issued and effective on the date the order is mailed first class mail, certified return receipt requested mail to the owner, lienholder or mortgagee. (h) Within ten (10) calendar days after the date that the order is issued, the Director shall: (1) file a copy of the order with the City Secretary; (2) publish in the official newspaper of the City a notice containing: A. the street address or legal description of the property; B. the date of the hearing; C. a brief statement indicating the results of the order; and D. instructions stating where a complete copy of the order may be obtained; and (i) A hearing before the Appeals Board shall not be a bar against, or a prerequisite for, taking any other action against a violator. (j) A hearing before the Appeals Board shall exhaust the administrative .remedies of a property owner, mortgagee, or lienholder under this Article. (k) In the event the owner, lienholder or mortgagee sells the building or structure after the issuance of an order by the Appeals Board, the owner, lienholder or mortgagee shall notify the Director of such sale. Sec. 7-108. Judicial Review. (a) Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the Appeals Board issued under this article, may file a verified petition in a Tarrant County Civil District Court: (1) Setting forth that the Appeals Board decision is illegal, either in whole or in part; and (2) Specifying the grounds of the illegality. (b) The petition must be filed by an owner, lienholder, or mortgagee within thirty (30) calendar days after the effective date of the Appeals Board order. (c) The order of the Appeals Board becomes final as to the owners, lienholders, and mortgagees upon the expiration of thirty (30) calendar days after the ruling and/or order is deemed issued and effective. (d) Upon the filing of the petition, the court may issue a writ of certiorari directed to the City to review the Appeals Board order, and shall prescribe 5 in the writ the time within which the City must make a return on the writ. Such time must be greater than ten (10) days and must be filed with and served on the City Secretary. (e) The City shall not be required to return the originals of papers called for in the writ, and it shall be sufficient for the city to return certified or sworn copies of such papers or parts thereof. (f) In the return the City shall set forth other facts that may be pertinent and material to show the grounds of the Appeals Board order. The return must be verified. (g) The issuance of the writ does not stay the order. (h) The appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm; in whole or in part, or may modify the Appeals Board order. (i) If the Appeals Board order is affirmed or not substantially reversed but only modified, the district court shall allow the City all attorney's fees and other costs and expenses incurred by the City, and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees, as well as all persons subject to the Appeals Board order. SECTION 2. 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. 6 SECTION 3. 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 4. 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 ordinances and administrative processes amended in Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations, all administrative proceedings 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 or the designated administrative body. SECTION 5. This ordinance shall be in full force and effect after its passage as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas. SECTION 6. Staff is directed to bring a report on the procedural changes adopted herein to Council for its review twelve (12) months after the adoption of this ordinance. APPROVED AS TO FORM AND LEGALITY: i ASST ANT CITY ATTORN DATE: ~~ ADOPTED: ~~ EFFECTIVE: ~/l ,~~,~~ s City of Fort Worth, Texas ~lhl~yar And Caunc~l Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 4/1/03 G-13935 12APPEALS 1 of 2 suB~ECT ORDINANCE AMENDING CITY CODE SECTIONS 7-78, 7-107 AND 7-108 TO CREATE A FIVE MEMBER APPEALS BOARD TO REVIEW THE ADMINISTRATIVE APPEALS OF THE BUILDING STANDARDS COMMISSION RECOMMENDATION It is recommended that the City Council adopt the attached ordinance adding Section 7-78 and amending Sections 7-107 and 7-108 of the City Code to create a five member Appeals Board to review the administrative rulings and orders issued by the Building Standards Commission. DISCUSSION: Chapter 54 of the Local Government Code establishes aquasi-judicial civil adjudication process to enforce the health and safety ordinances of a municipality. It also authorizes a home rule municipality to adopt an alternative procedure for the enforcement of such ordinances. The City Council of Fort Worth adopted an alternative procedure, pursuant to that provision, creating a Building Standards Commission. Sections 7-107 and 7-108 of the City Code establishes an Administrative Appeal of the orders issued by the Building Standards Commission as a final step that an aggrieved property owner, lienholder, or mortgagee must take to exhaust his administrative remedies. Currently, Sections 7-107 and 7-108 provide for the appeal of a Building Standards Commission order to the City Council. These sections provide the guidelines and methods by which an appeal may be reviewed by the City Council. The attached ordinance would amend Chapter 7, Article IV, Division 2 of the City Code by adding Section 7-78. The amendment would create a five member board to hear administrative appeals of the Building Standards Commission. The board members will be appointed by the City Manager with the approval of the City Council. Subsection (c) provides that one of the board members shall be licensed to practice law in the State of Texas. The licensed attorney that serves in Place 5 shall have a working knowledge of real property law, constitutional law, business law and civil litigation. Subsection (d) establishes that the board members shall serve two (2) year terms. Subsection (e) provides that the expiration date for board members shall be September 30th of odd-numbered years for those serving in odd-numbered places and even-numbered years for those serving in even-numbered places. In addition, this subsection provides the termination dates for the initial terms of the board members. Finally, subsection (f) prescribes the method in which all vacancies shall be filled on the Appeals Board. This ordinance also amends Chapter 7, Article IV, Division 4, by amending Sections 7-107 and 7-108 of the City Code. The title of Section 7-107 is changed from City Council Review to Review by Appeals Board to conform to the amendments provided by this ordinance. A substantive change to this section is to change the appeals body from the City Council to the Appeals Board. City of Fort Worth, Texas ~1hl,Ayar And Caunc~l Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 4/1/03 G-13935 12APPEALS 2 of 2 suB~ECT ORDINANCE AMENDING CITY CODE SECTIONS 7-78, 7-107 AND 7-108 TO CREATE A FIVE MEMBER APPEALS BOARD TO REVIEW THE ADMINISTRATIVE APPEALS OF THE BUILDING STANDARDS COMMISSION This ordinance will also authorize the Appeals Board to review administrative appeals of the Building Standards Commission that will include rulings and/or orders of the Commission. Historically, the City Council could only review orders of the Building Standards Commission. This change would give the Appeals Board more latitude to review all decisions of the Building Standards Commission, rather than being limited to reviewing orders. Subsection (f) provides the effective date of an Appeals Board order. Subsection (g) denotes the method of filing with the City Secretary and the publishing requirements in the official newspaper of the City. Subsection (i) gives notice to all property owners, mortgagees, and lienholders that an appeal to the Appeals Board will exhaust their administrative remedies. Section 7-108 of the City Code governs the method of appeal by a property owner, lienholder, or mortgagee to the Tarrant County Civil District Court. The only substantive change to this section will be that the appeals body will be changed to the Appeals Board rather than the City Council. Subsection (c) provides that the order of the Appeals Board shall become final after the expiration of thirty (30) calendar days after the ruling and/or order is deemed issued and effective. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. JP:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Joe Paniagua 6140 Originating Department Head: David Yett 7623 (from) APPROVED 04/01/03 ORDINANCE #15503 Additional Information Contact: "AMENDED" Thomas J. Patterson, Jr. 8715