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HomeMy WebLinkAboutOrdinance 6923 ORDINANCE NO. �O AN ORDINANCE AMENDING CHAPTER 3 OF EXHIBIT "B" OF ORDINANCE NO. 6374, AS AMENDED, THE BUILDING CODE OF THE CITY OF FORT WORTH, SAID ORDINANCE ESTAB- LISHING THE FEE FOR THAT INSPECTION AND CERTIFICA- TION REQUIRED BY THE FEDERAL GOVERNMENT OR STATE GOVERNMENT TO EVIDENCE COMPLIANCE WITH LOCAL CODES; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDI- NANCE CUMULATIVE OF OTHER ORDINANCES AND PROVISIONS OF THE BUILDING CODE OF THE CITY OF FORT WORTH; RE- PEALING ALL ORDINANCES OR PROVISIONS OF THE BUILD- ING CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 303 of Chapter 3, "Permits and Inspections, " of Exhibit "B, " such exhibit being heretofore incorporated by reference in the Building Code of the City of Fort Worth, be and the same is hereby amended by adding Subsection (i) thereto, and, after being so amended, said Subsection (i) of Section 303 shall hereafter read as follows: " (i) A fee of Fifty Dollars ($50.00) shall be charged for each inspection and certification of each structure where such inspection and certifi- cation is required by any department of the fed- eral government or state government to evidence compliance with local codes." SECTION 2. That it is hereby declared to be the intention of the City Council of the City of Fort Worth 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, ineffec- tive or unconstitutional by the valid judgment or final de- cree of a court of competent jurisdiction, such voidness, in- effectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sec- tions hereof, 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 3. That this ordinance shall be and is hereby declared to be cumulative of the provisions of the Building Code of the City of Fort Worth and amendments thereto, except in those in- stances where the provisicm s of this ordinance are in direct conflict with such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 4. That all pending litigation and existing violations, both civil and criminal, whether pending in court or not, under the Building Code of the City of Fort Worth and amendments thereto superseded by this ordinance shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That any person, firm, association of persons, company or corporation, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) , and each day that a vio- lation exists is hereby declared to be a distinct and separate offense and punishable as such, all as provided for in Sec- tion 1-5 of Chapter 1 of the Code of the City of Fort Worth (1964) , as amended. SECTION 6. That this ordinance shall become effective and be in full force and effect from and after its passage and publication -2- as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: �v ef4A4Ak# City Attorney ADOPTED: Z&kp-(- � EFFECTIVE: -3- City of Fort Worth) Texas UNE Mayor and Council Communication BAILI" ORAlIA1i DATE REFS ERCE SUBJECT: Proposed Amendment to Building PAGE faNcr' x 10/8/73 G_2276 Code Establishing Fee for Code Iof 1 Com liance Certification Avti On September 26, 1973, the Director, Fort Worth Insuring Office, Federal Housing Administration, notified the City that a new Federal court ruling now requires that all mortgages insured under Section 221 (d) (2) of the National Housing Act contain, at the time of closing, evidence that the dwelling is in compliance with local housing codes applicable to existing dwellings. Section 221 (d) (2) applies to all single family dwellings other than new construction. The refusal of a local authority to make the required code inspections will preclude the insurability under this program of properties within the city. An ordinance has been prepared amending the Building Code (Ordinance No. 6168 as amended) to establish a fee of fifty dollars for inspection and certification of a structure where required by a department of the federal or state government to evidence compliance with local codes. The local office of the Federal Housing Administration estimates that there will be approximately twenty requests for such certifications per month. Recommendation It is recommended that an ordinance be adopted amending the Building Code, Ordinance No. (L8, to establish a fee of fifty dollars for inspection and certification as outlined above. RNL:ms SUBMITTED BY: DISPOSITION BY COUNCIL: P OCESSED BY APPROVE ❑ T ER (DESCRIBE) Ab CITY SE ETARY DATE CITY MANAGER