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HomeMy WebLinkAboutOrdinance 21217-04-2014 ORDINANCE NO. 2121.7-04-2014 AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS", ARTICLE IV "MINIMUM BUILDING STANDARDS CODE" BY AMENDING DIVISION 2 "ADMINISTRATION", SECTION 7-78 "APPEALS BOARD" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, TO CHANGE THE DESCRIBED PURPOSE OF THE APPEALS BOARD BY ELIMINATING APPEALS FROM THE BUILDING STANDARDS COMMISSION; BY DELETING DIVISION 4 "ADMINISTRATIVE AND CIVIL REMEDIES", SECTION 7-107 "REVIEW BY APPEALS BOAR-D" TO REMOVE THE ABILITY OF A PERSON TO APPEAL A DECISION OF THE BUILDING STANDARDS COMMISSION TO THE APPEALS BOARD; BY AMENDING SECTION 7-108 "JUDICIAL REVIEW" TO PROVIDE FOR JUDICIAL REVIEW OF DECISIONS OF THE BUILDING STANDARDS COMMISSION DIRECTLY TO DISTRICT COURT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted Linder Chapters 54 and 214 of the Texas Local Government Code, the City Council of the City of Fort Worth ("City Council") established the Building Standards Commission as a quasi-judicial civil adjudication process to obtain timely compliance with the minimum building standards code and ordinances related to public nuisances, health, safety and welfare and to ensure the timely and efficient abatement of nuisance building conditions; and WHEREAS, on April 1, 2003 the City Council adopted Ordinance No. 15503 establishing the Appeals Board to review administrative rulings and orders from the Building Standards Commission replacing review by the City Council, of which such additional review of Building Standards Commission orders and rulings is not required by State statutes; and WHEREAS, the City Code provides for an appeal of a ruling or order by the Building Standards Commission to the Appeals Board and also for judicial review of the Appeals Board's order in district court; and WHEREAS, the City Council finds that the provision of review by both the Appeals Board and the district court is redundant and delays enforcement of the duly authorized orders of the building standards commission for building owners to comply with the minimum building standards code and ordinances related to public nuisances, health, safety and welfare; and WHEREAS, the City Council finds that adequate safeguards would be provided by a system that includes inspection by the Code Compliance Department, enforcement by the Building Standards Commission, and judicial review by the district court; and Ordinance No. 21217-04-2014 Page 1 of 4 WHEREAS, it is advisable to amend Chapter 7 of the Fort Worth Code of Ordinances so as to improve the timely and efficient enforcement and administration of the minimum building standards code and ordinances related to public nuisances, health, safety and welfare, by eliminating Building Standards Commission appeals to the Appeals Board and providing for direct recourse, by an aggrieved owner, lienholder, or mortgagee of record, to judicial review by the district court; and WHEREAS, the City Council finds this Ordinance to be reasonable and necessary to provide for the health, safety, and welfare of residents of the City of Fort Worth; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS, THAT: SECTION 1. Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 2 "Administration", Section 7-78 "Appeals Board" of the Code of the City of Fort Worth is hereby amended to change the described purpose of the appeals board by eliminating appeals from the building standards commission to the appeals board, by deleting the reference to the building standards commission from subsection (a), to read as follows: Sec. 7-78. —Appeals Board. (a) The city council hereby establishes an appeals board for the purpose of hearing appeals from the downtown design review board and the historical and cultural landmarks commission as well as any other boards or commissions as determined by the city council, and decisions of the director of code compliance relating to the probationary status, suspension, or revocation of a multifamily dwelling complex registration. The remainder of Section 7-78 shall remain unchanged. SECTION 2. Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 4 "Administrative and Civil Remedies", Section 7-107 "Review by Appeals Board" of the Code of the City of Fort Worth is hereby amended to remove the ability of a person to appeal a decision of the building standards commission to the appeals board, by deleting Section 7-107 in its entirety and relabeling it as "Reserved" in the Code. SECTION 3. Chapter 7 "Buildings", Article IV "Minimum Building Standards Code", Division 4 "Administrative and Civil Remedies", Section 7-108 "Judicial Review" of the Code of the City of Fort Worth is hereby amended to provide for a direct appeal by a person aggrieved of a decision of the building standards commission to district court, by replacing all references to the Ordinance No.21217-04-2014 Page 2 of 4 "appeals board" with the "building standards commission" and to read as follows: Sec. 7-108. - Judicial review. (a) Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission issued under this article, may appeal the order by filing a verified petition in a Tarrant County Civil District Court. (b) The petition must be filed by an owner, lienholder, or mortgagee within thirty (30) calendar days after the effective date of the building standards commission order. (c) If not timely appealed, the order of the building standards commission becomes final as to the owners, lienholders, and mortgagees upon the expiration of thirty (30) calendar days after the effective date of the order. (d) If the building standards commission ordered the subject property to be demolished, then appeal to the district court shall be by trial de novo. Otherwise, appeal to the district court shall be governed by the procedures outlined in Chapters 54 and 214 of the Texas Local Government Code. (e) Judicial review for proceedings under section 7-77.1 (1) The city shall publish an abbreviated copy of the order in a newspaper of general circulation within ten (10) calendar days of the mailing of the order. The order shall include the following: a. The street address or legal description of the property;.- b. The date of the hearing,-. c. A brief statement indicating the content of the order; and d. Instructions stating where a complete copy of the order may be obtained. (2) A copy of the order shall be filed in the office of the city secretary. (3) If no appeal is taken from the decision of the building standards commission within the required period, the decision of the building standards commission is, in all things, final and binding. (4) Any owner, lienholder, or mortgagee of record jointly or severally aggrieved by a decision of the building standards commission may appeal the decision by filing a verified petition in Tarrant County Civil District Court. (5) A lienholder does not have standing to bring a proceeding under this sub-section on the grounds that the lienholder was not notified of the proceedings before the building standards commission or was unaware of the condition of the property, unless the lienholder had first appeared before the building standards commission and entered an appearance in opposition to the proceedings. (6) The petition must be presented within thirty (30) calendar days after the date a copy of the final decision of the building standards commission is mailed by first class mail, certified receipt requested, to all owners, lienholders, and mortgagees of record. (7) The appeal to the district court shall be governed by the procedures outlined in Chapter 54 of the Texas Local Government Code. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances 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 Ordinance No. 21217-04-2014 Page 3 of 4 of such ordinances and such Code are hereby repealed. SECTION 5. 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 by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining ph-rases, 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 phrase, clause, sentence, paragraph or section. SECTION G. 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 7. All other provisions of Chapter 7 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 8. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. It is the intent of the City Council that the Appeals Board hear and rule upon, with all authority previously granted, all appeals scheduled prior to the adoption of this ordinance. APPROVED AS TO FORM AND LEGALITY: ATTEST: 2) Arthur N. Bashor ary J s Assistant City Attorney City Secretary ADOPTED and EFFECTIVE: Ordinance No. 21217-04-2014 Page 4 of 4 City of Font Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/22/2014 - Ordinance No. 21217-04-2014 DATE: Tuesday, April 22, 2014 REFERENCE NO.: G-18194 LOG NAME: 23APPEALS BOARD 2014 SUBJECT: Adopt Ordinance Amending Chapter 7, Article IV of the City Code to Eliminate Appeals from the Building Standards Commission to the Appeals Board (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that City Council adopt the attached ordinance amending Section 7-78 "Appeals Board", Section 7-107 "Review by Appeals Board", and Section 7-108 "Judicial Review"to eliminate appeals to the Appeals Board from the Building Standards Commission and providing for direct judicial review of decisions of the Building Standards Commission directly to the District Court. DISCUSSION: Staff proposes to amend the minimum building standards ordinance to remove the ability of a person to appeal a decision of the Building Standards Commission to the Appeals Board. Chapters 54 and 214 of the Texas Local Government Code established the Building Standards Commission as a quasi-judicial civil adjudication process to obtain timely compliance with the minimum building standards code and ordinances related to public nuisances, health, safety and welfare and to ensure the timely and efficient abatement of nuisance building conditions. The City Code provides for an appeal of a ruling or order of the Building Standards Commission to the Appeals Board and also for judicial review of the Appeals Board's order in District Court. The Appeals Board review of administrative rulings and orders of the Building Standards Commission is not required by state law. The provision of review by both the Appeals Board and the District Court is redundant and delays enforcement of the duly authorized orders of the Building Standards Commission. By adopting this amendment, adequate safeguards would be provided by the system that includes inspection by the Code Compliance Department, enforcement by the Building Standards Commission and judicial review by the District Court. This would improve the timely and efficient enforcement and administration of the minimum building standards code and ordinances related to public nuisances, health, safety and welfare, by eliminating Building Standards Commission appeals to the Appeals Board and providing for direct recourse, by an aggrieved owner, lienholder or mortgagee of record, to judicial review by the District Court. FISCAL INFORMATION 1 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/C enters CERTIFICATIONS: Logname: 23APPEALS BOARD 2014 Pave 1 of 2 Charles Daniels (6199) Originating Department Head: Brandon Bennett (6322) Additional Information Contact: Shannon Elder (6345) Logname, 23APPEALS BOARD 2014