HomeMy WebLinkAboutOrdinance 19998-12-2011 ORDINANCE NO. 19998-12-2011
AN ORDINANCE AMENDING ARTICLE IX, "REGISTRATION AND
INSPECTION FOR MULTI-FAMILY DWELLING COMPLEXES" OF
CHAPTER 7 "BUILDINGS" OF THE CODE OF THE CITY OF FORT
WORTH TO CHANGE THE TITLE; TO ADD DEFINITIONS; TO ADD
REQUIREMENTS RELATED TO A CERTIFICATE OF OCCUPANCY;
TO ALLOW THE CITY COUNCIL TO SET THE FEES AND TO
PROVIDE FOR PERIODIC INSPECTION AND RESINSPECTION FEES;
TO REQUIRE INSPECTIONS BY THE LANDLORD AND TENANT; TO
ADD LANGAUGE REGARDING THE PROBATIONARY STATUS,
SUSPENSION OR REVOCATION OF REGISTRATION AND
PROVIDING FOR AN APPEAL; TO ADD A REQUIREMENT TO
ATTEND A CRIME FREE MULTI-HOUSING COURSE AND TO
INCLUDE CRIME FREE PROVISIONS IN EACH LEASE; TO PROVIDE
FOR CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
INSPECTIONS; TO REQUIRE THE REGISTRATION OF PETS; TO
REQUIRE RECYCLING; TO REQUIRE THE TENANT TO PROVIDE
PROOF OF AN ACTIVE ELECTRIC SERVICE ACCOUNT TO THE
LANDLORD AND REQUIRING THE LANDLORD PROVIDE A
TAMPER PROOF METER BOX; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a significant percentage of the population of the City of Fort Worth resides
in multi-family dwelling complexes; and
WHEREAS, several public meetings were presented jointly by the Code Compliance
Department and the Fort Worth Police Department over a eleven month period in an effort to
gather public input regarding amendments to the current Rental Registration Program; and
WHEREAS, the Crime Free Multi-housing Program was implemented in the City of
Fort Worth due to documented increases in violent and property crimes in multi-family
communities which caused high levels of calls for service by police; and
WHEREAS, the Crime Free Multi-housing Program has impacted crime and improved
quality of life in many multi-family communities using Crime Prevention through Environmental
Design (CPTED), which involved improving external lighting conditions, enhancing locking
devices, and minimizing visual obstructions on multi-family housing properties; and
WHEREAS, the Crime Free Multi-housing program has facilitated greater cooperation
between apartment management companies and the police department resulting in a greater
exchange of information that has created safer multi-family communities; and
WHEREAS, a significant percentage of the population resides in multi-family dwelling
complexes with pets and creates a greater number of animals living in close proximity to humans
and other animals thereby creating the necessity to have all animals licensed and vaccinated to
prevent the spread of disease and allow easier return of lost pets, specifically dogs and cats; and
WHEREAS, publishing the current and previous inspection scores of multi-family
dwelling complexes would promote better upkeep and maintenance of properties for marketing
to new and future residents; and
WHEREAS, an increased number of residents of multi family dwelling complexes have
shown an interest in recycling and the reduction of waste away from landfills which not only
helps to extend the life of the landfill but also to reduce pollution and cost of removal; and
WHEREAS, a significant increase of occurrences of property damage and personal
injury or death have been caused by utility tampering and landlords not being required to be
shown proof of utility service prior to tenant move in or provide routine monitoring; and
WHEREAS, theft of electricity and utility tampering create serious safety problems at
many apartment complexes in the City of Fort Worth; and
WHEREAS, it is the desire of the City Council that residents of multi family dwelling
complexes live in a safe, crime free environment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes" of
Chapter 7 "Buildings" is amended to change the title of the Article and Division 3 to read as
follows:
ARTICLE IX. — STANDARDS,REGISTRATION,AND INSPECTION
REQUIREMENTS FOR MULTI-FAMILY DWELLING COMPLEXES.
DIVISION 1.—GENERAL PROVISIONS
DIVISION 2. —REGISTRATION AND INSPECTIONS
DIVISION 3. - MULTI-FAMILY HOUSING STANDARDS
DIVISION 4. - ENFORCMENT
SECTION 2.
Section 7-394, "Definitions" of Division 1. "General Provisions" of Article IX,
"Registration and Inspection of Multi-Family Dwelling Complexes" of Chapter 7, "Buildings",
of the Code of Ordinances of Fort Worth, Texas is hereby amended to add a definition for the
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"Chief of Police", to delete the definition of the "Code Compliance Director"; to add a definition
of a "Crime Free Lease Addendum" to clarify the definition of"Director", to add a definition of
"lease" and to add a definition of"Unit", to read as follows:
Sec. 7-394. -Definitions.
Chief of Police means the Chief of the Police Department or the Chief's duly
authorized representative.
Crime Free Lease Addendum means a form to be made a part of a Lease
agreement between a Landlord and a resident in which the resident agrees and
acknowledges the resident's legal obligation to refrain from committing or
permitting the commission of certain enumerated criminal acts or categories of
criminal acts on the leased premises.
Director means the Director of the Code Compliance Department and the
Director's authorized representatives.
Lease means a contract or rental agreement granting use or occupation of property
at a Multi-Family Dwelling Complex during a specified period, subject to various
terms and conditions,'in exchange for a specified rent.
Unit means a dwelling unit as defined by the Minimum Building Standards Code.
SECTION 3.
Section 7-400, "Certificate of Occupancy" of Division 2, "Registration and Inspections"
of Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes" of Chapter 7,
"Buildings" of the Code of Ordinances of Fort Worth, Texas is hereby amended to read as
follows:
Sec. 7-400. - Certificate of occupancy.
(a) No Multi-Family Dwelling Complex shall be used or occupied, and no
change in the existing occupancy classification as defined by Section 111 of the
International Building Code or ownership of a Multi-Family Dwelling Complex,
or any portion thereof, shall be made until the Landlord has obtained a certificate
of occupancy.
(b) Change of ownership or any event causing a certificate of occupancy to
be revoked. Within thirty (30) days after the change of ownership of a Multi-
Family Dwelling Complex or the revocation of the certificate of occupancy of the
complex, the Landlord must obtain a new certificate of occupancy in order to
continue operating. The complex, including all occupied and all vacant dwelling
units, shall be subject to a complete ordinance inspection by the building official
and the Director before a new certificate of occupancy will be issued. If a
certificate of occupancy is not obtained for all buildings in the complex within
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thirty (30) days, the complex shall be vacated until such time as a certificate of
occupancy is issued.
(c) Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of the Minimum Building Standards
Code, this article, or of other ordinances of the city. Certificates presuming to give
authority to violate or cancel the provisions of the Building Code and other
applicable ordinances shall not be valid. Changes in the character or use of a
building shall not be made except as provided in the Building Code.
(d) The certificate of occupancy for all Multi-Family Dwelling Complexes
shall be posted in a conspicuous place on the premises of the complex, and shall
not be removed except by the building official.
(e) A Landlord commits an offense if the Landlord knowingly operates a
Multi-Family Dwelling Complex in violation of this section.
(f) If the building official determines that the complex fails the ordinance
inspection, all vacant Units within the complex shall be posted for non-
occupancy, and the Landlord shall not allow the occupancy of such Units until the
complex passes final inspection and is issued a certificate of occupancy.
(g) The Director may grant an extension if the Landlord can demonstrate that
no condition constituting an immediate fire or safety hazard exists and that the
owner is working toward obtaining a certificate of occupancy in a timely fashion.
A request for an extension of time must be made in writing to the Director. The
Director must respond within ten (10) days of receiving the request for an
extension. Should the request be denied the landlord may within ten (10) days
file an appeal to the Fort Worth Appeal's Board.
SECTION 4.
Section 7-401, "Registration Required" of Division 2, "Registration and Inspections" of
Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes" of Chapter 7,
"Buildings" of the Code of Ordinances of Fort Worth, Texas is hereby amended to delete the
words "code compliance" to read as follows:
Sec. 7-401. -Registration Required.
(a) The Landlord of a Multi-Family Dwelling Complex shall annually
register the complex with the Director.
(c) A registration is valid for one year from the date the completed
registration form is filed in the office of the Director, and payment of the
registration fee has been made, unless the ownership of the complex changes.
(d) If a change of ownership of the complex occurs during the period that a
registration is otherwise valid, the Landlord of the complex shall have thirty (30)
days from the date the change of ownership occurred to file a new registration
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with the Director, and pay a new registration fee.
(e) The registration shall be on a form prescribed by the Director, and shall at
a minimum contain the following information about the complex:
(1) The trade name, physical address, and business address;
(2) The names, addresses, and telephone numbers of the owner, property
manager, resident manager, registered agent, and all federal, state, and
local funding agencies; and the type of business entity which owns the
complex;
(3) The names and physical addresses of designated employees or
authorized representatives who shall be assigned to respond to emergency
conditions, and a telephone number where said employees can be
contacted during any twenty-four-hour period. Emergency conditions shall
include fire, natural disaster, flood, burst pipes, collapse hazard, and
violent crime. A post office box shall not suffice for the address
requirements of this subsection;
(11) If any change in the information required by this section occurs, the
owner shall notify the Director within thirty (30) days of the change, in a
manner prescribed by the Director.
SECTION 5.
Section 7-402, "Fees" of Division 2, "Registration and Inspections" of Article IX,
"Registration and Inspection of Multi-Family Dwelling Complexes" of Chapter 7, "Buildings" of
the Code of Ordinances of Fort Worth, Texas is hereby amended by amending subsection (b) in
its entirety to read as follows:
See. 7-402. - Fees.
(a) The Landlord of a Multi-Family Dwelling Complex shall pay the city fees
to offset the city's cost of administration,registration and inspection.
(b) Fees shall be in accordance with a schedule approved by the City Council
to include:
(1) A registration fee based upon the number of housing Units which
shall be:
(i) Submitted annually with the registration form required by section
7-401 above, and
(ii) Submitted with a new registration upon a change of ownership
of the complex
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(2) A re-inspection fee shall be assessed for each follow up inspection.
(3) An administrative fee for a complex on probationary status or
suspension or revocation which shall be assessed on a monthly basis,
however no separate fee shall be charged for re-inspections as long as the
complex remains in probationary status or suspension.
(c) The fee requirements described above shall not include a dwelling unit on
a college, university, or seminary occupied by a student or a student and the
student's family and in which the dwelling unit is owned by the respective
college, university, or seminary.
SECTION 6.
Section 7-403, "Inspection by Director" of Division 2, "Registration and Inspections" of
Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes" of Chapter 7,
"Buildings"of the Code of Ordinances of Fort Worth, Texas is hereby amended in its entirety to
read as follows:
Sec. 7-403.-Inspection by Director.
(a) The Director may conduct:
(1) Inspections for issuance of certificate of occupancy in conjunction with the
development department;
(2) Inspections based on indications of Code violations, including complaints
filed with the Director;
(3) Periodic inspections; and
(4) Follow-up inspections.
(b) The following areas of a Multi-Family Dwelling Complex shall be subject to inspection
by the Director:
(1) All building exteriors;
(2) All exterior and interior public areas;
(3) Vacant dwelling units;
(4) Occupied dwelling units upon the consent of the tenant or when subject to a
valid warrant issued by the court.
(c) The Director may inspect portions of a Multi-Family Dwelling Complex as frequently
as the Director deems necessary. The Director shall schedule periodic inspections no less
frequently than once every two (2) years.
(d) The Landlord of a Multi-Family Dwelling Complex shall make all exteriors, all
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exterior and interior public areas, and all vacant dwelling units of the complex available to
the Director for inspections at all reasonable times.
(e) A Multi-Family Dwelling Complex fails inspection if it does not score at least one
hundred (100) points, out of a possible one hundred twenty-five (125) points, according to
the periodic inspection report scale as promulgated by the Director. The Landlord of a
Multi-Family Dwelling Complex that fails the periodic inspection as provided for in section
7-403 shall correct all violations identified in the periodic inspection report within thirty
(30) days unless a longer period of time or an extension has been granted by the Director
(f) The Director is authorized to make follow-up inspections of a Multi-Family Dwelling
Complex to inspect all areas included in the periodic inspection as well as occupied
dwelling units, in such frequency and scope as the Director deems necessary to determine
compliance with this article and with the Minimum Building Standards Code.
(g) The Landlord of a Multi-Family Dwelling Complex must correct all violations
identified in an inspection report.
(h) In addition to the other authority granted by this section, the Director is authorized to
inspect a Multi-Family Dwelling Complex with greater frequency than provided above if the
Director has cause to believe that the complex is not in compliance with the Minimum
Building Standards Code or this article.
(i) In addition to other authority granted by this section, the Director has all rights and
authority granted by Article 18.05 of the Texas Code of Criminal Procedure. Inspections
shall comply with all federal, state, and local laws,regulations, and ordinances.
0) When considering a violation created by a tenant the Director may consider the
timeliness of the Landlord's response to the violation, actions taken by the Landlord to
address a tenant's activities that may have caused the condition that was a violation, and
actions taken by the Landlord to prevent or reduce similar violations in the future.
(k) The Director is authorized to publish the results of inspections.
SECTION 7.
Section 7-404, "Landlord/tenant Inspections" of Division 2, "Registration and
Inspections" of Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes"
of Chapter 7, "Buildings" of the Code of Ordinances of Fort Worth, Texas is hereby amended to
read as follows:
Sec. 7-404. - Landlord/tenant inspections.
(a) The Landlord of a Multi-Family Dwelling Complex shall inspect each
dwelling unit prior to leasing and shall comply with the following:
(1) The inspection of a dwelling unit shall be conducted by the Landlord and
the Unit's tenant:
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a. A minimum of once annually; and
b. When the occupancy of the Unit changes;
(2) The Landlord shall sign each inspection report, and shall require a tenant
to sign the report for the tenant's dwelling unit. If the tenant disagrees with
any notation made by the Landlord on the report, the Landlord shall
permit the tenant to make written comments on the report prior to signing
it. The tenant shall also note any discrepancies they have identified with
the Unit upon move in and the Landlord shall initial those noted items.
The Landlord shall provide the tenant with a copy of the report after it is
signed.
(3) The Director shall determine which standards established by the
Minimum Building Standards Code shall be covered by the inspection.
(4) The failure of a Landlord to make inspections as required by this
subsection, to maintain records of the inspections, and to permit inspection
of those records pursuant to subsection (b) shall cause the complex to fail
inspection.
(b) A Landlord shall maintain reports of the inspections conducted pursuant to
subsection (a) for all dwelling units within the Multi-Family Dwelling
Complex.
(1) The reports shall either be on a form provided by the Director or on a form
that complies with the requirements of the Director.
(2) A report shall include places for marking whether the dwelling unit
complies with the standards set by the Director to be included within the
scope of the inspection, and shall include the names of all persons
occupying the dwelling unit (other than overnight guests).
(3) A report shall also include:
a. The names of designated employees or other authorized persons who
shall be assigned to respond to emergency conditions, and a telephone
number where said employees can be contacted during any twenty-four-
hour period. The telephone number may be for an answering service that
has the capability to contact the designated employee immediately.
Emergency conditions shall include fire, natural disaster, flood, collapse
hazard, burst pipes, or violent crime; and
(c) The Director shall develop and maintain a rental handbook and shall
provide each Multi-Family Dwelling Complex with a copy of the
handbook upon registration.
(1) The handbook shall be entitled, "The Fort Worth Rental Handbook".
(2) The handbook shall include:
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a. Grounds for eviction of a tenant;
b. Who may issue and who may deliver an eviction notice;
C. A tenant's rights to challenge an eviction notice;
d. The name and phone number of any agencies a tenant may
contact for information or assistance to challenge an eviction
notice;
e. The telephone number of the code compliance department.
(3) A Landlord shall duplicate the handbook and shall provide a copy to
each tenant, either at the time the tenant signs the Lease or at the
time the Landlord conducts an inspection of the tenant's dwelling
unit as provided by this section.
(4) A Landlord may provide a tenant with an alternative publication
upon prior written approval issued to the Landlord by the Director.
(d) A Landlord commits an offense if the Landlord knowingly violates this
section.
SECTION 8.
Division 2, "Registration and Inspections" of Article IX, "Registration and Inspection of
Multi-Family Dwelling Complexes" of Chapter 7, "Buildings" of the Code of Ordinances of Fort
Worth, Texas is hereby amended to add a new section, Section 7-405, "Probationary Status,
Suspension, and Revocation of Registration"to read as follows:
Sec. 7-405. Probationary status, suspension, and revocation of registration.
(a) Probationary status.
In addition to any other authority granted by this section or any other provision of
the Code of the City of Fort Worth, the Director may place the registration of a
Multi-Family Dwelling Complex on a probationary status if
(i) A Landlord fails to correct a violation of the city code or applicable
state statute within the time specified in a notice of violation, or
(ii) Any inspection reveals a repeat violation of the same provision of the
city code or applicable state statute which had been identified within the
preceding twelve(12) month period.
The duration of the probationary status shall begin upon the mailing of a notice by
the Director of the initiation of the probationary status and shall continue until
both of the following conditions have been met:
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(i) All previously identified code violations at the complex have been
corrected by the Landlord and noted and approved by the Director, and
(ii) No additional code or statutory violations are identified at the
complex for ninety (90) days after correction of the last violations as
approved by the Director.
The Director shall impose a monthly administrative fee on the Landlord for as
long as the complex remains on probationary status.
(b) Suspension of registration.
In addition to other authority granted by this section or any other provision of the
Code of the City of Fort Worth, if a complex fails to complete its probationary
status within 180 days, the Director may place the registration of such complex on
suspended status. While under suspension, no unoccupied Unit in the complex
may be occupied and no occupied Unit shall be occupied by new tenants until the
complex has been in full compliance with the City Code and all applicable laws
for a minimum of 30 days. The registration shall remain suspended until the
complex has been in full compliance with the city code and all applicable laws for
a minimum of 180 days.
If a complex has been on a suspended status at a previous time within the
previous thirty-six (36) months, no Unit in the complex may be occupied by new
tenants until it has been in full compliance for 90 days. The complex shall remain
on suspension until it has been in full compliance with the city code and all
applicable laws for 180 consecutive days.
The Director shall impose a monthly administrative fee on the Landlord for as
long as the complex remains on suspension status.
(c) Revocation of registration.
In addition to other authority granted by this section or any other provision of the
Code of the City of Fort Worth, the Director may revoke the registration of a
Multi-Family Dwelling Complex if-
(i) The complex is found to have one or more violations that constitute a danger
to the health or safety of its tenants or the public at large and the Landlord fails to
correct such violation(s) within the time specified in a notice of violation, or
(ii) The complex has more than one fire, life and/or safety violation during any
twelve (12)month period.
A complex whose registration has been revoked may not do business until such
registration has been reinstated. A complex whose registration has been revoked
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must be vacated within thirty (30) days of such revocation. A Landlord commits
an offense each day or portion of a day the complex continues to offer a Unit for
rent while its registration is revoked and each day any Unit remains occupied after
the expiration of thirty(30) days from the date of revocation.
(d) Appeal of probationary status, suspension, or revocation of registration.
A Landlord may appeal the probationary status, suspension, or revocation of
registration to the Appeals Board by filing a written request for appeal not later
than 5:00 p.m. on the fifth business day following the date of notice. The appeal
shall be heard by the Fort Worth Appeals Board. The appeal shall be by trial de
novo and the Director shall bear the burden of proving by a preponderance of the
evidence that, on the date of revocation, that the complex had one or more code
violations that constituted a danger to the health and safety of its tenants or the
public at large and the Landlord had failed to correct such violation(s) within a
reasonable time after receiving written notice of such violations. The decision of
the Fort Worth Appeals Board can be appealed to a civil district court of Tarrant
County which shall be by trial de novo. The requirement that the complex be
vacated shall be suspended during the pendency of the appeal and for fifteen (15)
days after the decision of the Appeals Board,
Secs. 7-406-7-410. -Reserved.
SECTION 9.
Division 3, "Crime Prevention Standards", of Article IX, "Registration and Inspection of
Multi-Family Dwelling Complexes" of Chapter 7, "Buildings" of the Code of Ordinances of Fort
Worth, Texas is hereby amended to change the title of the Division to read as follows:
DIVISION 3. - MINIMUM STANDARDS FOR MULTI-FAMILY DWELLING
COMPLEXES
Sec. 7-410. - Crime prevention standards.
Sec. 7-411. - Building, Common Area, and Operational Standards for Multi-Family
Dwelling Complexes.
Secs. 7-412 - 7-415. - Reserved.
SECTION 10.
Section 7-410, "Crime Prevention Standards" of Division 3, "Crime Prevention
Standards", of Article IX, "Registration and Inspection of Multi-Family Dwelling Complexes"of
Chapter 7, "Buildings" of the Code of Ordinances of Fort Worth, Texas is hereby amended to
add language and renumber to read as follows:
Sec. 7-410. - Crime prevention standards.
The Landlord of a Multi-Family Dwelling Complex shall provide the following
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crime prevention measures:
(1) Signs for emergencies and code violations. A Landlord of a Multi-Family
Dwelling Complex shall post and maintain signs on the premises of the complex
which include the following:
a. Emergency numbers. The names of designated employees or other
authorized persons who shall be assigned to respond to emergency
conditions, and a telephone number where said employees can be
contacted during any twenty-four (24) hour period. Emergency conditions
shall include fire, natural disaster, flood, collapse hazard, burst pipes, or
violent crime.
b. Notice for reporting code violations. A sign for reporting code
violations to the city in a form approved by the Director.
(2) Sign requirements: The sign required by this section shall be a minimum
of twelve (12) inches by twenty-four (24) inches. Sign facings shall be fabricated
out of weather-proof material. The signs shall have a white background, with
letters and numbers in a contrasting color. At each Multi-Family Dwelling
Complex there shall be at least one(1) sign posted, and an additional sign for each
fifty (50) dwelling units in excess of fifty (50). The signs shall be prominently
displayed in exterior, publicly accessible areas of the complex. If the complex has
an on-site management office, one (1) sign shall be on the exterior of the office.
(3) Lighting:
a. Exterior illumination shall be provided at appropriate points adjacent
to all building entrances, including individual dwelling units. Lighting
shall be sufficient to illuminate areas where hazards may reasonably exist,
and shall be operable between a half hour before sunset and a half hour
after sunrise.
b. Control mechanisms for such illumination shall be activated and
deactivated by a photo cell or seasonally-adjusted timer switch, not
operable by individual tenants of the complex except at individual
dwelling units.
C. A Landlord shall repair all inoperable exterior lighting fixtures
within a reasonable period of time after being notified that the fixture is
not working. In no instance shall a reasonable period of time be deemed to
mean more than seven (7) days.
(4) Vacant buildings:
a. All openings in vacant buildings and dwellings shall be closed and
secured from unlawful entry by the installation and maintenance of
appropriate locking devices and intact doors and windows which are
proportioned to securely and completely tit the openings.
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b. Alternatively, with the approval of the Director openings may be
temporarily secured by means of the installation of proportioned wood
materials in good condition. The surfaces of such materials exposed to the
weather shall be protected with the application of exterior grade paint, or a
similar weather resistant finish, which blends with the background color of
the building.
(5) Security gate access;
a. A Landlord of a Multi-Family Dwelling Complex which has
unstaffed security gates which restrict vehicle access onto the premises
shall provide the chief of police with master codes to the gates so that
police vehicles and personnel and ambulance and ambulance personnel are
allowed unrestricted entry onto the premises when responding to
emergencies and calls for service and routine patrols.
b. Prior to changing the master codes, the Landlord shall notify the
chief of police of the new codes.
C. All security gates shall be equipped with a manual override to be
used in the event of a power outage or system failure. The Landlord shall
notify the chief of police of the location of the override.
d. Access through such security gates by fire trucks and fire personnel
shall be provided as required by the Fire Code.
1. Fire lanes shall be maintained in good condition with clearly
visible markings.
2. Fire lanes shall be marked by a four (4) inch red line with "No
Parking—Fire Lane" stenciled with white paint every twenty-five
(25) feet.
3. Fire lanes shall be signed with approved traffic signs twelve
(12) inches wide and eighteen (18) inches tall which state, "No
Parking—Fire Lane". A sign stating "Tow-Away Zone", produced
on a white background with red lettering shall accompany each of
these. Signs shall be mounted so that the bottom of the sign is six (6)
feet six (6)inches from the grade.
4. Fire lanes shall be kept clear of obstructions such as motor
vehicles, solid waste collection bins, equipment or other similar
items.
(6) Graffiti abatement. A Landlord shall remove graffiti from the Landlord's
Multi-Family Dwelling Complex as required by appendix B of the City Code.
(7) Occupancy limits. A Landlord shall not permit a dwelling Unit within the
complex to be occupied other than by a family, as that term is defined within
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this code, and shall not permit the number of persons occupying a dwelling
unit to exceed the occupancy load of the Unit based on the standards set in the
Minimum Building Standards Code.
(8) Tenant responsibility. Even the best security plans, devices and systems cannot
completely prevent crime. The best safety measures a tenant of a Multi-Family
Dwelling Complex can utilize are those performed out of common sense and
habit. Such measures include locking doors and windows, not opening doors to
strangers, and promptly reporting malfunctioning security devices and exterior
lighting to the Landlord.
(9) The Landlord of each Multi-Family Dwelling Complex consisting of eight (8) or
more Units shall ensure that, within six months of hire, each on-site manager
and each employee authorized to show an apartment or execute a Lease with
prospective tenants attends an eight hour training course which is approved by
the chief of police on the subject of crime free multi-housing. Each calendar
year the Landlord or at least one employee for the complex shall attend a
refresher training course. This provision shall become effective January 1,
2014.
(10) The Landlord at a Multi-Family Dwelling Complex consisting of three (3) or
more Units shall require the prospective tenant to execute a Lease. The Lease
shall include one of the following provisions for each new Lease or Lease
renewal for a Unit which is executed after January 1, 2012:
(a) A standardized Lease promulgated by the Texas Apartment Association
containing a prohibition of criminal conduct on or about the premises;
(b) A standardized Lease promulgated by the Texas Association of
Realtors containing a prohibition of criminal conduct on or about the
premises;
(c) A Lease with an equivalent provision to (a) or(b) containing a
prohibition of criminal conduct on or about the premises; or
(d) A Crime Free Lease Addendum to read as follows:
In consideration of the execution or renewal of a Lease of the dwelling
unit identified in the Lease, Owner and Resident agree as follows:
1. Resident shall not engage in any activity on or near the dwelling
unit premises that would subject the resident to a penalty of a
Class C misdemeanor that involves possession of drug
paraphernalia, assault or disorderly conduct; Texas Penal Code
Class A or B misdemeanors; Texas Penal Code Felony or Texas
Health and Safety Code violation or engage in any hazardous
conduct that otherwise jeopardizes the health, safety and welfare of
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the Landlord, his agent or other tenant or involving imminent or
actual serious property damage. Nothing in this provision shall be
construed as requiring or encouraging the eviction or termination
of a Lease of a victim of domestic violence.
2. Resident shall not permit any household member or guest to
engage in any activity on or near the dwelling unit premises that
would subject the resident to a penalty of a Class C misdemeanor
that involves possession of drug paraphernalia, assault or
disorderly conduct; Texas Penal Code Class A or B misdemeanors;
Texas Penal Code Felony or Texas Health and Safety Code
violation or engage in any hazardous conduct that otherwise
jeopardizes the health, safety and welfare of the Landlord, his
agent or other tenant or involving imminent or actual serious
property damage. Nothing in this provision shall be construed as
requiring or encouraging the eviction or termination of a Lease of a
victim of domestic violence.
VIOLATION OF THE ABOVE PROVISIONS SHALL BE A
MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE
FOR IMMEDIATE TERMINATION OF THE TENANCY. A
single violation of any provisions of this addendum shall be deemed
a serious violation and a material non-compliance with the terms of
this Lease. It is understood that a single violation shall be good
cause for the immediate termination of the Lease. Unless otherwise
provided by law, proof of a violation of law prohibited by this
addendum shall not require a criminal conviction, but shall be by a
preponderance of the evidence.
In case of conflict between the provisions of this addendum and any
other provisions of the Lease, the provisions of the addendum shall
govern.
This LEASE ADDENDUM is incorporated into the Lease executed
or renewed this day between Owner and Resident.
(11) Each Multi-Family Dwelling Complex consisting of eight (8) or more Units shall be
subject to a Crime Prevention through Environmental Design (OPTED) inspection
conducted by the chief of police who shall advise the Landlord of the findings.
(12) A Landlord commits an offense if the Landlord knowingly violates any
provision of this section or fails to comply with any provision of this section.
SECTION 10.
Division 3, "Multi-Family Housing Standards", of Article IX, "Registration and
Page 15 of 19
Inspection of Multi-Family Dwelling Complexes" of Chapter 7, "Buildings" of the Code of
Ordinances of Fort Worth, Texas is hereby amended to add a new section, Section 7-411,
"Building, Common Area, and Operational Standards for Multi-Family Dwelling Complexes" to
read as follows:
See. 7-411. - Building, Common Area, and Operational Standards for Multi-
Family Dwelling Complexes.
(a) Requirements generally. It is a violation of the City Code for a Landlord to fail to
comply with any of the requirements required by Chapter 7 of the City Code, including but
not limited to the requirements imposed by Article IV that are specific to Multi-Family
Dwelling Complexes.
(b) Pet requirements.
(1) The Landlord of a Multi-Family Dwelling Complex in which tenants or guests are
allowed to own, keep, or harbor cats, dogs, miniature swine, or any animal subject to a
separate municipal or state registration requirement must provide each tenant, at the time of
leasing and upon each renewal of a Lease, with a form to register the pet with the city. The
form shall be as promulgated by the Director. The Landlord must advise the tenant to
complete and return the form to the Landlord within fourteen (14) days of the date that the
tenant first occupies the premises. The Landlord must forward the form to the Director
within thirty(30) days of the date the tenant first occupies the premises.
(2) Nothing in the pet requirements is intended nor shall be construed as requiring or
encouraging a Landlord to restrict service animals or impairing the right of a tenant,
resident, or guest to keep a service animal consistent with the Americans with Disability
Act.
(c) Recycling.
(1) Requirement to submit a recycling plan. The Landlord of each Multi-Family
Dwelling Complex with eight or more Units must submit a recycling plan in accordance
with the following provisions:
(i) The plan must describe the materials to be recycled, the method of collection
and storage of recyclables, and the frequency of pick-ups by an approved waste hauler. The
plan shall also include a diagram of the property showing the location(s) where containers
for the collection of recyclable materials will be placed.
(ii) For each Multi-Family Dwelling Complex with eight or more Units which is
in operation on or prior to October 31, 2013 the recycling plan must be submitted no later
than January 1, 2014.
(iii) For each Multi-Family Dwelling Complex with eight or more Units which
comes into operation after November 1, 2013 the recycling plan must be submitted no later
than sixty(60) days after a certificate of occupancy is issued for the complex.
(2) Implementation of a recycling plan.
Page 16 of 19
(i) The Landlord of each Multi-Family Dwelling Complex with eight or more
Units must implement the approved recycling plan within thirty(30) days of approval of the
plan by the Director. It shall be a violation for a Landlord to fail to implement or comply
with the specifications of the approved recycling plan for the complex.
(ii) A waiver of the requirement to implement a recycling plan may be granted at
the discretion of the Director if the Landlord can demonstrate that implementation of a
recycling plan is impossible or impractical or if the Landlord can demonstrate that none of
the tenants at the complex wish to participate in recycling.
(d) Electric service.
(1) At a Multi-Family Dwelling Complex consisting of eight (8) or more Units on a
property with one county appraisal district account number:
(i) A tenant must provide to the Landlord, within thirty days of the earlier of
executing a Lease or taking occupancy of a rental Unit, documentation of a current account
to provide electric service to the tenant's Unit, excepting however when electric service is
provided by the Landlord.
(ii) The Landlord must maintain a copy of the documentation of the tenant having
opened an account for electric service on file and available for inspection by the Director
during normal business hours.
(iii) A Landlord has a duty to regularly conduct visual inspections of the above
ground electrical feed and meters at the complex to detect tampering or vandalism. Any
tampering or vandalism must be reported to both the utility provider and to the Director as
soon as practicable but no later than twenty-four hours after detection. If an inspection by
the city reveals two (2) or more instances in which the electrical feed or meters have been
tampered with or vandalized within a twelve month period, or any single instance in which
five (5) or more meters have been tampered with or vandalized, and such vandalism or
tampering was not reported to the electric provider and the Director, the Landlord shall be
presumed to have failed to report as required herein and additionally the Landlord must
thereafter securely lock or enclose the meters, in compliance with all applicable building
standards, so as to effectively prevent future vandalism or tampering.
SECTION 11.
Section 7-416 of Division 4. "Enforcement", Article IX, "Registration and Inspection of
Multi-Family Dwelling Complexes" of Chapter 7, "Buildings" of the Code of Ordinances of Fort
Worth, Texas is hereby amended to add language regarding the failure to act is a violation of the
Article to read as follows:
Sec. 7-416.- Criminal enforcement.
A violation of this article is a misdemeanor punishable by a fine not to exceed two
thousand dollars ($2,000.00). Each separate occurrence of a violation or each day
that a violation continues shall constitute a separate offense. The failure to
Page 17 of 19
perform an act required by this Article is a violation of this Article.
SECTION 12.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
Worth and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 13.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto 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 or criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 14.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 15.
That 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
fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 16.
That 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.
Page 18 of 19
SECTION 17.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By: av,�KL l/l
Assistant City Attorney
Adopted: I Z l !o /
Effective:
Page 19 of 19
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, December 06, 2011 REFERENCE NO.: G-17460
LOG NAME: 23CRIME FREE MULTI-HOUSING FINAL
SUBJECT:
Adopt Ordinance Amending Chapter 7 Buildings of the City Code to Add Additional Registration, Inspection
and Enforcement Requirements for Multifamily Properties with Three or More Units (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 7 Buildings City
Code to add additional registration, inspection and enforcement requirements for multi-family properties
with three or more units.
DISCUSSION:
City Staff proposes to amend Chapter 7 Buildings City Code to require participation in the Police
Department's Crime Free Multi-Housing program. This will enable the Code Compliance Department to
identify and abate Texas state law and Fort Worth City code violations for the health, safety, and welfare
of tenants, adjoining property owners and the general public.
A series of nine public meetings were held in 2010 to gather input on crime free multi-housing and rental
registration enhancements. The proposed ordinance is a combination of ideas and comments from the
public review process, industry and City Staff.
A summary of the proposed amendments are listed below.
Section 7-394 is amended to edit the definition for Director and add definitions for Chief of Police, Crime
Free Lease Addendum and Unit.
Section 7-400 is amended to include regulations on revoked certificates of occupancy and an extension
clause.
Section 7-401 is amended to delete the words Code Compliance.
Section 7-402 is amended to bring all sub-sections regarding fees under one section and assess fees
according to a schedule approved by the City Council.
Section 7-403 is amended to bring all sub-sections regarding Code Compliance inspection requirements
under one section.
Section 7-404 is amended to require the landlord to inspect each dwelling unit prior to leasing, allows the
tenant to note discrepancies on the inspection form and allows owners to utilize an answering service as
the phone number for emergencies.
Logname: 23CRIME FREE MULTI-HOUSING FINAL Page I of 2
Section 7-405 is amended to add a new section to allow the annual registration to be placed on probation,
suspension or revoked due to uncorrected or major code violations.
Section 7-410 is amended to require managers and other employees to attend crime free multi-housing
training and require leases to include a prohibition of criminal conduct on or about the property or the
Crime Free Lease Addendum.
Section 7-411 is amended to add a new section requiring a pet form, recycling, confirmation of electric
service and securely locked meters if unreported tampering or vandalism occurs.
Section 7-416 is amended to include the failure to perform an act required by this Article is a violation of
this Article.
The attached ordinance will be effective upon adoption and publication.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Scott Hanlan (7204)
Logname: 23CRIME FREE MULTI-HOUSING FINAL Page 2 of 2