HomeMy WebLinkAboutOrdinance 27769-06-2025ORDINANCE NO.27769-06-2025
AN ORDINANCE AMENDING APPENDIX B, ARTICLE II, DIVISION 3 "NUISANCES," OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, BY
AMENDING CERTAIN SECTIONS RELATED TO REQUIRED NOTICE BEFORE
ABATEMENT OF CERTAIN NUISANCES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to protect the public safety,
preserve the quality of life, and promote efficiency within the City; and
WHEREAS, the City Council seeks to promote greater efficiency and expediency in abating nuisances found
within the City; and
WHEREAS, Texas Health and Safety Code, Chapter 342 provides for abatement of nuisances within seven
days of notice of a violation; and
WHEREAS, pursuant to Texas Local Government Code Chapter 51, the City Council has the general
authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the
municipality and is necessary or proper for the carrying out of a power granted by law to the municipality; and
WHEREAS, it is advisable to amend Appendix B, Article II, Division 3 "Nuisances," of the Fort Worth
Code of Ordinances to reduce the notice period before abating nuisances from ten days to seven days; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, THAT:
SECTION 1.
Appendix B, Article 11, Division 3 "Nuisances," Section I IA-52 of the Code of the City of Fort Worth is
hereby amended to be and read as follows:
Sec 11A-52 NUISANCE ABATEMENT ORDER.
(a) The director is hereby authorized to give notice to the owner of any property upon which a nuisance under
this division exists to abate the nuisance.
(b) If the owner of the property does not comply with an abatement notice issued by the director within te*
seven days after the date the notice is received, the director may:
Ordinance No. 27769-06-2025
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(1) Enter the property and do or cause to be done any work or improvements required to abate the
nuisance; and
(2) Pay for the work or improvements done and charge the expenses to the owner of the property.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's post office address; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
a. By publication at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the
violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to
which the violation relates, if the property contains no buildings.
(d) Notice will be deemed to have been received:
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three days after it was mailed;
(3) For notice by publication, on the date that the last notice was published in the official newspaper;
or
(4) For notice by posting, ten days after notice was posted.
(e) The director in the notice of a violation may inform the owner by certified mail, return receipt requested,
that if the owner commits another violation of the same kind or nature that poses a danger to the public health and
safety on or before the first anniversary of the date of the notice, the city without further notice may correct the
violation at the owner's expense and assess the expense against the property.
(f) If a violation covered by a notice under subsection (e) above occurs within the one-year period, and the
director has not been informed in writing by the owner of an ownership change, then the city without notice may
take any action permitted by subsections (b)(1) and (b)(2) above.
(g) If a nuisance presents an immediate danger to the health, life or safety of any person or to the environment,
the director may, without complying with the notice provisions of this section or without waiting the tefl-seven-day
period, enter the subject property and:
(1) Do or cause to be done any work or improvements necessary to abate the nuisance and remediate
and restore the environment; and
(2) Pay for the work or improvements done and charge the expenses to the owner of the property.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas,
(2015), 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 3.
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It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and
sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall
be declared unconstitutional or invalid as contrary to local, state or federal law, by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality or invalidity 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 or invalid 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 Code of the City of Fort Worth, or any other ordinances of the City, that 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 5.
All other provisions of the Code of the City of Fort Worth, as amended, shall remain in full force and effect,
save and except as amended by this ordinance.
SECTION 6.
This ordinance shall take effect immediately upon adoption, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
Assistant City Attorney
ADOPTED AND EFFECTIVE: June 24, 2025
Jannette S. Goodall, City Secretary
Ordinance No. 27769-06-2025
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/24/25 M&C FILE NUMBER: M&C 25-0624
LOG NAME: 23NUISANCE ORDINANCE AMENDMENT
SUBJECT
(ALL) Adopt an Ordinance Amending Appendix B, "Department of Code Compliance," Article II, "Code Compliance," Division 3 "Nuisances," of
the City of Fort Worth Texas (2015) to Reduce the Notice Period before Abating Nuisances from Ten Days to Seven Days
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Appendix B, "Department of Code Compliance," Article II, "Code
Compliance," Division 3 "Nuisances," of the City of Fort Worth Texas (2015) to reduce the notice period before abating nuisances from ten days to
seven days.
DISCUSSION:
Appendix B, "Department of Code Compliance," Article II, "Code Compliance," Division 3 "Nuisances," of the City of Fort Worth Texas (2015), as
amended, reflects the City's desire to reduce and abate environmental, health, zoning and housing nuisances. The Texas Health and Safety Code,
Chapter 342 provides for abatement of nuisances within seven days of notice of a violation. Pursuant to Texas Local Government Code Chapter
51, the City Council has the general authority to adopt and publish an ordinance or police regulation that is for the good of government, peace or
order of the municipality and is necessary or proper for the carrying out of a power granted by law to the municipality.
Code Compliance is recommending amending Appendix B, Article II, Division 3 "Nuisances," to reduce the notice period before abating
nuisances from ten days to seven days. Nuisances are known to harbor rodents and other disease -carrying pests which may be innately harmful to
people and property. Nuisances create fire hazards to structures and nearby properties. Nuisances have been associated with criminal activity.
Nuisances may also diminish property values and the appearance of a neighborhood, diminishing any incentive for others in the neighborhood to
maintain their own property, thus creating a self-perpetuating cycle.
By adopting this amendment, the Code Compliance Department seeks to protect the public safety, preserve the quality of life, and promote
efficiency within the City. Enforcement action can be taken against property owners who fail to maintain their property in accordance with the
ordinance. Enforcement action includes abating nuisances after a seven-day notice of violation instead of a ten-day notice of violation.
This M&C does not request approval of a contract with a business entity.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of the recommendation will have no material effect on City funds.
Submitted for Citv Manaaer"s Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head
Additional Information Contact:
Expedited
Brian Daugherty 6322
Shannon Elder 6326
David B. Carson 6336