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HomeMy WebLinkAbout26-0081 - 2026-08-25 - Informal ReportFORT WORTH.; INFORMAL REPORT TO CITY COUNCIL MEMBERS SUBJECT: PROPOSED CONTRACTOR ACCOUNTABILITY PROCESS - D.J. HARRELL, DEVELOPMENT SERVICES DIRECTOR DATE: 08/25/26 NUMBER: IR 26-0081 TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL The purpose of this Informal Report is to present a regulatory proposal to establish a contractor tracking system and a formal suspension framework, which was requested following the discussion on IR 26-0056 regarding implementing a fee for missed or skpped building inspections on permitted development projects. The policy aims to deter repeat violations, ensure code compliance, and maintain construction safety standards within the municipality. Current Regulatory Actions The Development Services Department currently utilizes a dual -layered verification process to identify unpermitted construction and enforce existing additional fees: • Permit Intake: The Customer Care section cross-references new permit applications against active work -without -a -permit complaints. • Fee Assessed: If unpermitted work is confirmed, the department applies the mandated double permit fee. • Plan Examination: The Plans Exam section performs a secondary review during plan review to verify that the address history is clear or that the corrective fee has been properly assessed. Proposed Policy and Enforcement Mechanisms While existing double -fee penalties address individual property violations, the penalties fail to deter repeat offenses by specific contractors. To hold chronic violators accountable, the department proposes the following progressive enforcement policy: • Notification: Whan a contractor registers with the City, staff will provide information on the permitting and inspection process as well as the violation tracking policy. Additionally, when a permit is issued, an email with hyperlinks to the required inspections and inspection request process will be sent to the site contact on the permit record. 1 of 3 FORT WORTH® • Violation Tracking: Staff will implement a tracking system to log contractors who initiate construction without required permits. o On the first violation the contractor will be sent a notice of violation as well as another copy of the inspection requirements and inspection request process. o On the second violation, the contractor will be issued a citation for work -without - a -permit and a warning for the suspension if another violation is committed. • Suspension Threshold: On the third violation within a consecutive 12 -month period, a disciplinary review will be automatically triggered. • One -Year Registration Suspension: Following the disciplinary review, a mandatory one- year suspension of the contractor's city registration may be enforced, legally prohibiting the contractor from operating or obtaining permits within City limits. • Re -Registration Restriction: The contractor will not be allowed to renew or re -register their business with the City until the conclusion of the 1 -year suspension period. Proposed Contractor Appeals Process To ensure due process and administrative fairness, the department recommends a structured, three -step appeals framework for contractors facing a one-year registration suspension. 1. Written Notice of Intent to Suspend • The City issues a formal Notice of Intent to Suspend via certified mail upon the third documented violation. • The notice details the three specific violation dates, addresses, and permit case numbers. • The contractor has 14 calendar days from receipt to submit a written request for an appeal hearing. • The suspension is stayed (paused) during the appeal window and subsequent hearing process, allowing the contractor to complete active, permitted projects. 2. Administrative Hearing • Appeals are heard by the Construction and Fire Prevention Board of Appeals. • The Development Services Department must present evidence of the three documented unpermitted work violations. • The contractor may present evidence showing clerical errors, misidentification of responsibility for the work, or proof that emergency work was exempt under local code. • The board must issue a written decision to uphold, modify, or overturn the suspension within 10 business days of the hearing 2 of 3 FORT WORTH.; 3. Final Order and Judicial Review • If the board upholds the decision, a Final Order of Suspension is issued, and the one- year penalty begins immediately. Further Action: The board's decision represents the final administrative remedy. For questions regarding this information, please contact D.J. Harrell, Development Services Director, at D.J.Harrell(@fortworthtexas.00v. Jesus "Jay" Chapa City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS 3 of 3