HomeMy WebLinkAboutOrdinance 14929~ ~~~~
ORDINANCE NO
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER
7 "BUIL.DINGS", ARTICLE IX "REGISTRATION AND INSPECTION OF
MULTI-FAMILY DWELLING COMPLEXES", DIVISION 2
"REGISTRATION AND INSPECTIONS", TO CHANGE
"SUPERINTENDENT" TO "DIRECTOR" AND CHANGE "DIVISION" TO
"DEPARTMENT"; TO AMEND PROVISIONS FOR INSPECTIONS BY
THE DIRECTOR, AND TO AMEND PAYMENT OF INSPECTION FEES,
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A
SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION 1N THE
OFFICIAL NEWSPAPER OF THE CITY, PROVIDING A SAVINGS
CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth changed its Code Compliance Division to a Code
Compliance Department with a Director instead of a Superintendent as a Department Head, and
WHEREAS, the City of Fort Worth has aMulti-Family Inspection Program for
inspecting multi-family residences to determine if they comply with the requirements of
the Minimum Building Standards Code, and
WHEREAS, the landlords of multi-family dwelling complexes register the
complexes annually, and register them on change of ownership, and
WHEREAS, the periodic inspections of each complex must occur no less
frequently than once every two (2) years (except for complexes originally constructed on
or after December 31, 1994 which shall be exempt from periodic inspection for three
years), and
WHEREAS„ if amulti-family dwelling complex fails a periodic inspection by the
Director of Code Compliance, the complex must have afollow-up inspection, and
WHEREAS, the City of Fort Worth desires to accurately impose a fee for its
periodic and its follow-up inspections,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That Chapter 7 "Buildings" of the Code of the City of Fort Worth (1986), as
amended, is hereby further amended by amending Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes", Division 2 "Registration and
Inspections", by amending Sections 7-394, 7-396, 7-401, 7-402, 7-403 and 7-404 so
that the word "Superintendent" in those Sections shall be changed to "Director"
everywhere it appears, that the word "Division" in those Sections shall be changed to
"Department" everywhere it appears, and that the definition of "Code Compliance
Superintendent" in Section 7-394 shall be deleted and the following definition shall be
added to the Definitions Section
"Code Compliance Director means the director of the Code
Compliance Department, or the Director's duly authorized representative "
SECTION 2.
That Chapter 7 "Buildings" of the Code of the City of Fort Worth (1986), as
amended, is hereby further amended by amending Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes", Division 2 "Registration and
Inspections", by amending Section 7-402 "Inspection and Registration Fees" to add-fees
for follow-up inspection so it shall read as follows.
Sec.7-402 Fees.
(a) The landlord of amulti-family dwelling complex shall pay the city
fees to offset the city's costs of administration, registration and inspection
(b) An annual fee of six dollars ($6 00) per dwelling unit, with a
minimum of fifty dollars ($50 00) per complex per year shall be
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(1) submitted annually with the registration form required by
section 7-401 above, and
(2) submitted with a new registration upon a change of
ownership of the complex.
(c) The landlord of amulti-family dwelling complex that fails a periodic
inspection as provided for in section 7-403 shall eliminate all violations
identified at the time of the periodic inspection The landlord must allow
follow-up inspections by the Director after a period of time determined by
the Director to be sufficient for the landlord to abate the violations If the
complex fails the first follow-up inspection, the landlord shall pay the city a
follow-up inspection fee of eighteen dollars ($18 00) per dwelling unit for
the gross number of dwelling units registered within the complex. No
subsequent follow-up inspection fees shalt be charged unless a new
Periodic Inspection is performed and the complex fails both the new
Periodic Inspection and the follow-up inspection Follow-up inspection --
fees shall not be charged more than one time in two years
(d) 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
SECTION 3
That Chapter 7 "Buildings" of the Code of the City of Fort Worth (1986), as
amended, is hereby further amended. by amending Article IX "Registration and
Inspection of Multi-Family Dwelling Complexes", Division 2 "Registration and
Inspections", by amending Section 7-403 to distinguish between periodic inspections,
follow-up inspections, Certificate of Occupancy inspections, and Code vio{ation
inspections, so it shall reads as follows
Sec. 7-403 Inspection by Director
(a) The Director may conduct
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(1) inspections for issuance of Certificate of Occupancy in
conjunction with the Development Department;
(2) inspections based on indications of Code violations,
including complaints filed with the Director;
(3) periodic inspections, and
(4) follow-up inspections
(b) The following areas of amulti-family dwelling complex shall be
subject to periodic inspection by the Director
(1 } all building exteriors,
(2) all exterior and interior public areas,
(3) vacant dwelling units,
(4) occupied dwelling units upon receipt of complaint by the
unit's tenant during a periodic inspection
(c) Except as provided by (d) below, the Director may inspect portions
of amulti-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
(d) Exemption A multi-family dwelling complex whose original
construction was completed on or after December 31, 1994, shall be
exempt from the Director's periodic inspection for three (3) years from the
date the original Certificate of Occupancy was issued for the complex. If a
complex was constructed in phases, each phase shall be treated as a
separate complex for the purposes of this subsection However, an
inspection of the complex shall be triggered during the exemption period if•
(1) The ownership of the complex changes, in which case an
inspection pursuant to subsection (g) shall be made, or
(2) The Director receives a valid complaint of; or othervvise
becomes aware of, a violation of this article or of the Minimum
Building Standards Code at the complex.
(e) The landlord of amulti-family dwelling complex shall make a{I
exteriors, all exterior and interior public areas, and all vacant dwelling units
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of the complex available to the Director for inspections at all reasonable
times
(f) The Director is authorized to make follow up inspections of a multi-
family dwelling complex which fails periodic inspection and to inspect all
areas included in the periodic inspection as well as occupied dwelling
units, in such frequency and scope as the Director deems necessary to
determine compliance with this article and with the Minimum Building
Standards Code
(g} Change of ownership Within thirty (30) days after the change of
ownership of a multi-family dwelling complex, the landlord shall obtain a
new Certificate of Occupancy in order to continue operating The
complex, including all occupied and all vacant dwelling units, shall be
subject to a complete certificate of occupancy inspection by the Building
Official and the Director before a new Certificate of Occupancy will be
issued
(1 } If the complex fails the Certificate of Occupancy inspection,
al{ vacant units within the complex shall be posted for non-
occupancy, and the landlord shall not allow the occupancy of such
units until the complex passes final inspection and is issued a
Certificate of Occupancy
(2) If vacant units are posted for non-occupancy pursuant to
subparagraph (1) above, the landlord may ask the Director to allow
the occupancy of individual posted units The Director may allow
the occupancy of a posted unit only if the unit passes interior
inspection and the building it occupies passed the Certificate of
Occupancy inspection
(h) In addition to the other authority granted by this section, the
Director is authorized to inspect amulti-family dwelling complex with
greater frequency than provided above if the Director has cause to believe
that the complex is not in compliance with the Minimum Building
Standards Code or this Article
(i) In addition to the authority granted by this Section, the Director has
all rights and authority granted by Article 18 05 of the Texas Code of
Criminal Procedure
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SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and 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 5.
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 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 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 6.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to
any and alf violations of the provisions of the ordinances amended in Section 1, which
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
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not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts
SECTION 7.
The City Secretary of the City of Fort Worth is hereby directed to publish the
caption, Section 2 containing the amendment to Section 7-402 "Fees", and the effective
date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth,
Texas, and by Section 52 013, Texas Local Government Code
SECTION 8.
This ordinance shall take effect and be in full force and effect from and after the
date of its passage and publication, and it is so ordained
APPROVED AS TO -FORM AND LEGALITY
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ASSISTAN CITY ATTOF~ EY
DATE ` ,~,~
ADOPTED / - /5 --~ ~~
EFFECTIVE f - ~ 2 - U.~
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City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/15/02 G-13491 121NSPECT 1 of 1
SUBJECT ORDINANCE AMENDING THE "MULTI-FAMILY DWELLING COMPLEX REGISTRATION
AND INSPECTION" PROVISIONS OF THE CITY CODE, CHAPTER 7, ARTICLE IX,
DIVISION 2
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending the "Multi-Family
Dwelling Complex Registration and Inspection" provisions of the City Code, Chapter 7, Article IX,
Division 2 (Ordinance No 12791)
DISCUSSION
The purpose of the amendment to Ordinance No 12791 is to (1) acknowledge the change of the Code
Compliance Division to the Code Compliance Department with a Director instead of a Superintendent
as the Department Head, (2) distinguish between follow-up inspection and other types of inspections,
and (3) establish fees for follow-up inspections
This amendment will require landlords of multi-family dwelling complexes that fail inspections to allow a
re-inspection at a time determined by the Code Compliance Director
This amendment will set a fee of $18 00 per dwelling unit for the gross number of units for the follow-up
inspection, if there is a failure of the first follow-up inspection after the original inspection The
amendment species that there shall be a maximum of one follow-up inspection fee per two-year period
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by• (to)
Charles Boswell 8511
Originating Department Head:
David Yett 7606 (from) APPROVED 01/15/02
ORD.# 14929
Additional Information Contact:
David Yett 7606