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Home My WebLink AboutOrdinance 21491-10-2014 i I i r ORDINANCE NO.21491-10-2014 f AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS", ARTICLE IV "MINIMUM BUILDING STANDARDS CODE", DIVISION 2 i "ADMINISTRATION", OF THE CODE OF THE CITY OF FORT WORTH, P' TEXAS (1986), AS AMENDED, BY ELIMINATING SECTION 7-78 "APPEALS BOARD"; BY AMENDING CHAPTER 7 "BUILDINGS", ARTICLE IX "STANDARDS, REGISTRATION, AND INSPECTION REQUIREMENTS FOR MULTI-FAMILY DWELLING COMPLEXES", DIVISION 2 "REGISTRATION AND INSPECTIONS", SECTION 7-405 f "PROBATIONARY STATUS, SUSPENSION, AND REVOCATION OF REGISTRATION" TO PROVIDE THAT APPEALS FROM DECISIONS OF THE DIRECTOR REGARDING THE PROBATIONARY STATUS, f SUSPENSION, OR REVOCATION OF THE REGISTRATION OF MULTI-FAMILY DWELLING COMPLEXES SHALL BE HEARD BY A HEARING OFFICER APPOINTED BY THE CITY COUNCIL RATHER j THAN BY THE APPEALS BOARD; 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 j PROVIDING AN EFFECTIVE DATE. t WHEREAS, on April 22, 2014 the City Council adopted Ordinance No. 21217 I eliminating appeals of administrative rulings and orders from the Building Standards i Commission to the Appeals Board and providing for direct appeal of an aggrieved party to District Court; and i WHEREAS, on June 3, 2014 the City Council adopted Ordinance No. 21272 eliminating appeals of decisions related to certificates of appropriateness from the Historic and Cultural Landmarks Commission, the Downtown Design Review Board, and the Urban Design ti Commission to the Appeals Board and providing that such appeals shall instead henceforth be heard by the Board of Adjustment; and I WHEREAS, Section 7-405(d) of the Code of the City of Fort Worth provides that appeals of decisions of the Director of Code Compliance regarding the probationary status, suspension, or revocation of the registration of a multi-family dwelling complex are currently heard by the Appeals Board; I WHEREAS,experience has shown that appeals of civil violations can be resolved fairly, equitably, and expeditiously by an administrative hearing officer as is done, for example, with junked car violations and red-light tickets; and 1 i WHEREAS, the City Council finds that, in the interest of efficiency, appeals presently i Ordinance No.21491-10-2014 Page 1 of 4 j i 1 i directed to the Appeals Board should instead be directed to an administrative hearing officer, one or more of whom shall be appointed by the City Council; and WHEREAS, any person who is aggrieved of a decision of both the Director and the i hearing officer regarding a decision pertaining to the probationary status, suspension, or revocation of the registration of a multi-family dwelling complex will have further recourse by i an appeal to the District Court; and i WHEREAS, subsequent to the changes with respect to appeals regarding the f probationary status, suspension, or revocation of the registration of a multi-family dwelling complex, all of the duties of the Appeals Board as previously codified will all have been eliminated or replaced with other administrative procedures; and 4 WHEREAS, the City Council finds that the Appeals Board, its functions having been subsumed, should be disbanded and references to the Appeals Board removed from the City Code; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OY THE CITY i OF FORT WORTH,TEXAS,THAT: SECTION 1. Chapter 7 `Buildings", Article Ill "Minimum Building Standards Code", Division 2 "Administration", Section 7-78 "Appeals Board" of the Code of the City of Fort Worth is hereby j deleted in its entirety and labelled as "Reserved". i I I SECTION 2. Chapter 7 `Buildings", Article IX "Standards, Registration, and Inspection Requirements for Multi-family Dwelling Complexes", Division 2 "Registration and Inspections", Section 7- 405 Probationary Status, Suspension, and Revocation of Registration" at Subsection(d) is hereby amended to provide for the appeal of a decision of the director regarding the probationary status, I suspension, or revocation of the registration of a multi-family dwelling complex to a Hearing Officer rather than an Appeals Board and shall henceforth read as follows: Sec. 7-405. -Probationary status, suspension, and revocation of registration. E i i (d) Appeal of probationary status, suspension, or revocation of registration. A landlord may appeal the probationary status, suspension, or revocation of registration to a designated hearing officer by filing a written request for appeal with the City Secretary not later than 5:00 p.m. on the fifth business day following the date of notice. The appeal shall be heard by any designated '44 hearing officer, who shall be appointed by the city council for a term of two (2) years. Hearing f officers shall report to and be under the administrative oversight of the director of municipal M court services. The city council shall be authorized to remove hearing officers. The director of j i Ordinance No.21491-10-2014 Page 2 of 4 I i 4 I I municipal court services shall be authorized to take disciplinary action against hearing officers other than removal. Hearing officers shall be exempt from the dismissal, suspension, and demotion provisions of Chapter 2, Article V of the Code of the City of Fort Worth. 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 (1) or more code violations that constituted a danger to the health and safety of its tenants or the public at large and the i landlord had failed to correct such violation(s) within a reasonable time after receiving written notice of such violations. The decision of the hearing officer can be appealed to a civil district j court of Tarrant County within thirty (30) days of the decision of the hearing officer; the review shall be by trial de novo. The requirement that the complex be vacated shall be suspended during the pendency of the appeal to the hearing officer, for thirty (30) days after the hearing officer's order, and during any appeal to the district court, court of appeals, or the Texas Supreme Court, and for fifteen(15) days after the exhaustion of all appeals. SECTION 3. i 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 of such ordinances and such Code are hereby repealed. SECTION 4. s 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since s 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 5. h 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, 4 as to such accrued violations and all pending litigation, both civil and criminal, whether pending I 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 6. All other provisions of the Code of the City of Fort Worth, as amended, shall remain in I full force and effect, save and except as amended by this ordinance. II Ordinance No.21491-10-2014 s Page 3 of 4 i I i SECTION 7. I P This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATT ST: j Arthur N. Bashor qaryT Vayry , Assistant City Attorney City Sec ADOPTED and EFFECTIVE: October 14,2014 I I 1 i i P i I , I i I i { Ordinance No.21491-10-2014 Page 4 of 4 i it f City of Fort Worth, Texas Mayor and Council Communication :COUNCIL ACTION: Approved on 10'/14/2014 Ordinance No 21,491=10 2014. Y�� f DATE: Tuesday, October 14, 2014 REFERENCE NO.: **G-18331 j LOG NAME: 23APPEALS BOARD AMEND 7 j SUBJECT: Adopt Ordinance Amending Chapter 7, Buildings, of the City Code to Eliminate Section 7-78, Appeals Board, and Amending Section 7-405, Probationary Status, Suspension and Revocation of Registration, to Provide that Appeals from Decisions of the Director of Code Compliance Regarding the Probationary Status, Suspension or Revocation of the Registration of Multi-Family Dwelling Complexes Shall be Heard by a Hearing Officer Rather Than by an Appeals Board (ALL COUNCIL DISTRICTS) i RECOMMENDATION: I It is recommended that City Council adopt the attached ordinance eliminating Section 7-78, Appeals Board, and amending Section 7-405, Probationary Status, Suspension and Revocation of Registration, to provide that appeals from decisions of the Director of Code Compliance regarding the probationary status, suspension or revocation of the registration of multi-family complexes shall be heard by a hearing officer appointed by the City Council rather than by an appeals board. i DISCUSSION: In April 2014, the City Council approved an amendment to 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. Adequate safeguards were provided to include inspection by the Code Compliance Department, enforcement by the Building Standards Commission and judicial review by the District Court. In June 2014, the City Council approved an amendment to the comprehensive zoning ordinance to allow the ' Board of Adjustment to hear appeals from the Historic and Cultural Landmarks Commission, Downtown Design Review Board and Urban Design Commission removing the Appeals Board from the process. ti The last step in eliminating the Appeals Board is to remove appeals from decisions of the Director of Code Compliance regarding the probationary status, suspension or revocation of the registration of multi-family complexes. Appeals from these decisions will be reviewed by a hearing officer similar to red light camera violations and junk motor vehicle hearings. Appeals Board hearings are scheduled the fourth Thursday of each month and require 21 days notification. Changing to a hearing officer process 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, since hearings could be set sooner. I By adopting this amendment, the Appeal's Board will be eliminated. Appeals from decisions of the Director regarding the probationary status, suspension or revocation of the registration of multi-family complexes would be heard by a hearing officer allowing for direct recourse by an aggrieved landlord in a j timely and efficient manner. The decision of the hearing officer could then be appealed to a civil district court of Tarrant County. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City i P Logname: 23APPEALS BOARD AMEND 7 Page 1 of 2 I I funds. i I I i FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers I CERTIFICATIONS: I Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Brandon Bennett (6322) 1 i Additional Information Contact: Shannon Elder (6326) I i I I I i I I I I I I I I i 1 Logname: 23APPEALS BOARD AMEND 7 Page 2 of 2 III J