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HomeMy WebLinkAboutOrdinance 155330~~-29-03P03:4B RCVD ORDINANCE NO. ~ ~~ ~3 AN ORDINANCE AMENDING SECTIONS 7-47, 7-62 AND 7-167 OF CHAPTER 7, "BUILDINGS"; SECTION 26-2 OF CHAPTER 26 "PLITMBING"; SECTION 29-23 OF CHAPTER 29 "SIGNS" AND SECTION 11-2 OF CHAPTER l l "ELECTRICITY" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING AN APPEAL PROCESS TO THE CITY COUNCIL CONCERN~G "INVESTIGATION FEES," PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIl~ING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 7-62 of Chapter 7, "Buildings", of the Fort Worth Residential Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection 107.3.2 "Fee" as follows: 107.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regular permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will 'not reduce or lower the investigation fee required by this section The applicant may appeal the amount of an investigation fee to the City Council by filing a written appeal. showing the reasons why the fee should be lowered. The City Council may, upon a finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but in no case may the fee be reduced to less than the actual investigative costs incurred by the City. SECTION 2. That Section 7-47 of Chapter 7, "Buildings", of the Fort Worth Building Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection 107.5.2 "Fee" as follows: 107.5.2 Eee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regular permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The applicant may appeal the amount of an investigation fee to the City Council by filing a written appeal showing the reasons why the fee should be lowered. The City Council may, upon a' finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but in no case may the fee be reduced to less than the actual investigation costs incurred by the City. SECTION 3. That Section 7-167 of Chapter 7, "Buildings", of the Fort Worth Mechanical Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection C05.3.2 "Fee" as follows: C05.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regular permit -fee required by this code. The minimum investigation fee shall be the same as the application fee set forth in Table C05.2. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The applicant may appeal the amount of an investigation fee to the City Council by filing a written appeal showing the reasons why the fee should be lowered. The City Council may, upon a finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but in no case may the fee be reduced to less than the actual investigation costs incurred by the City. SECTION 4. That Section 11-2 of Chapter 11, "Electricity", of the Fort Worth Electrical Code 2 of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection 005.3.2 "Fee" as follows: 005.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regular permit fee required by this code.. The minimum investigation fee shall be the same as the application fee set forth in Table 005.2. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed bylaw Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The applicant may appeal the amount of an investigation fee to the City Council by filing a written appeal showing the reasons why the fee should be lowered. The City Council may, upon a finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but in no case may the fee be reduced to less than the actual investigation costs incurred by the City. SE0'I'I®N 5. That Section 26-2 of Chapter 26, "Plumbing", of the Fort Worth Plumbing Code of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended. by revising subsection 005.3.2 "Fee" as follows: 005.3.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regular permit fee required by this code. The minimum investigation fee shall be the same as the application fee set forth in Table 005.2. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law Use of the third party plan review or inspection option, will not reduce or lower the investigation fee required by this section The applicant may appeal the amount of an investigation fee to the City Council by filing a written appeal showing the reasons why the fee should be lowered. The City Council may, upon a finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but in no case may the fee be reduced to less than the actual investigation costs incurred by the City. 3 SECTION 6. That Section 29-23 of Chapter 29 "Signs" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by revising subsection 29-23(c) (2) "Fees" as follows: 29-23. (c)(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the regular permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth in Table No. 3-A. The payment of such investigation fee shall not ,exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law The applicant may appeal the amount of an investigation fee to the City Council by filing a written appeal showing the reasons why the fee should be lowered. The City Council may, upon a finding that the investigation fee is unreasonable based upon the facts presented, reduce the investigation fee, but in no case may the fee be reduced to less than the actual investigation costs incurred by the City. SECTION 7. 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. SECTION S. 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, 4 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 9. Compliance with these rules and regulations shall be a condition of the use of the public parks and recreation areas of the city. 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 subject to arrest, and or fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 10. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 11. This ordinance shall be effective upon its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Assistant ~it~y Attorney ADOPTED: ~ Z ~I'" D ~ EFFECTIVE: ~~ 5 - ~3 5