HomeMy WebLinkAboutOrdinance 21105-01-2014 ORDINANCE NO. 21105-01-2014
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 (1986) AS AMENDED, TO ADD A DEFINITION FOR LOCAL
GOVERNMENT HOUSING AUTHORITY; TO EXEMPT LOCAL
GOVERNMENT HOUSING AUTHORITIES FROM PROGRAM FEES;
TO EXEMPT LOCAL GOVERNMENT HOUSING AUTHORITIES
FROM THE REQUIREMENT FOR PERIODIC INSPECTIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 392 of the Local Government Code provides for the establishment
of housing authorities by municipalities or counties for the purpose of providing low-cost
housing to residents, and;
WHEREAS, these local government housing authorities are required to be non-profit
entities which are operated as units of government, and;
WHEREAS, local government housing authorities which are recipients of funding by the
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U.S Department of Housing and Urban Development are already subject to physical premises
inspections by the federal government under the authority of 24 CFR 902; and,
WHEREAS, it is fiscally prudent and a more efficient allocation of City of Fort Worth
staff to avoid redundant inspections on multi-family housing complexes operated by local
government housing authorities; and
WHEREAS, the burden of duplicative physical inspections and fees with regard to local
government housing authorities exceeds the benefit obtained;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
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 a
Local Government Housing Authority, to read as follows:
See. 7-394. - Definitions.
Local government housing authority means an entity-authorized by Chapter 392 of the
Ordinance No. 21 105-0�1-2014
Pagel of
Texas Local Government Code.
SECTION 2.
Subsection 7-402(c), "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 to exempt local government
housing authorities from fees, to read as follows:
(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, nor to a dwelling unit operated by a local government housing authority.
SECTION 3.
Subsection 7-403(c), "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 to
exempt local government housing authorities from periodic inspection requirements, to read as
follows:
(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. Multi-family dwelling complexes operated by
a local government housing authority are exempt from periodic inspections.
SECTION 4.
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 5.
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.
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SECTION 6.
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 ph-rase,
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 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption summarizing the purpose of this ordinance for two (2) clays 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 8.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
Arthur N. Bashor Mary J. Ka
Assistant City Attorney City Secretary
Adopted: January 28, 2014
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Effective:
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City of Fort Worth, Texas
Mayor and council Communication
COUNCIL ACTION: Approved on 1128/2014 - Ordinance No. 21105-01-2014
DATE: Tuesday, January 28, 2014 REFERENCE NO.: **G-18114
LOG NAME: 23RENTAL REGISTRATION FEE EXEMPTION
SUBJECT:
Adopt Ordinance Amending Chapter 7, Article IX of the City Code by Adding a Definition for Local
Government Housing Authorities, and Granting an Exemption from Registration Fees and Eliminating the
Periodic Inspection Requirement for Those Multi-Family Housing Complexes Which are Operated by Local
Government Housing Authorities (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council adopt the attached ordinance amending Chapter 7 "Buildings", Article
IX "Standards, Registration, and Inspection Requirements for Multi-Family Dwelling Units" of the City
Code to add a definition for Local Government Housing Authority, to allow for an exemption from annual
registration fees, and to eliminate the mandate for periodic inspections for multi-family housing complexes
operated by a Local Government Housing Authority, in accordance with Chapter 392 of the Texas Local
Government Code.
DISCUSSION:
Staff proposes to amend the multi-family housing ordinance to allow for an exemption of the annual
registration fees and inspection requirements for multi-family complexes operated by Local Government
Housing Authorities which are governed by Chapter 392 of the Local Government Code. Currently, there
are seven complexes which would be affected by this exemption.
By granting this exemption, it is fiscally prudent and a more efficient allocation for Staff to avoid redundant
city and federally mandated inspections on those multi-family housing complexes which are operated by
Local Government Housing Authorities. Furthermore, where these exemptions would be authorized, Staff,
specifically the Code Compliance Department's Multi-Family Inspection Section, would not conduct
inspections, but instead refer all complaints and alleged violations to the U.S. Department of Housing and
Urban Development's inspection agency to inspect and correct the violations.
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 (6322)
Additional Information Contact: Shannon Elder (6326)
Logname: 23RENTAL REGISTRATION FEE EXEMPTION Page I of 1