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Home My WebLink AboutOrdinance 14698y ^1 Y ORDINANCE NO I~~~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF APPENDIX B "DEPARTMENT OF CITY SERVICES", BY RENAMING SUCH APPENDIX "DEPARTMENT OF CODE COMPLIANCE", BY DELETING ARTICLE I IN ITS ENTIRETY, BY PROVIDING A NEW ARTICLE I "IN GENERAL", BY THE AMENDMENT, IN PART, OF SECTION 11A-6 "AUTHORIZATION", SECTION 11A-7 "DEFINITIONS", DEFINITION OF "D,IRECTOR", AND SECTION 11A-24 "MISCELLANEOUS SANITATION NUISANCES", SUBSECTION (j), PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE WHEREAS, the City Council of the City of Fort Worth finds that the Department of City Services is composed of three unrelated divisions which should be separated, and WHEREAS, the City Council of the City of Fort Worth finds that one of those divisions, the Code Compliance Division, should be made a new department; and WHEREAS, the City Council of the City of Fort Worth finds that certain amendments must be made to its City Code to effectuate the desired changes described above, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION I. The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the amendment of Appendix B "Department of City Services", by renaming such Appendix "Department of Code Compliance", by deleting Article I "In General" in its entirety, by providing a new Article I "In General", by the amendment, in part, of Section 11A-6 "Authorization", Section 11A-7, "Definitions", the definition of "Director", Section 11A-24 "Miscellaneous Sanitation Nuisances", subsection (j) and amending it so that hereafter it shall read as follows ' r.~ Article I shall be deleted and shall read as follows CHAPTER 11A. DEPARTMENT OF CODE COMPLIANCE ARTICLE I IN GENERAL Sec. 11A-1 Department established and organized A department of code compliance is hereby established The department shall be under the supervision of the director of code compliance who shall be subject to appointment and removal by the city manager The salary of the director of code compliance shall be in accordance with the compensation plan of the city Sec. 11 A-2 Responsibilities generally The director of code compliance shall be in charge of the department of code compliance and shall be responsible for enforcement of this chapter and of the city's environmental, health, housing and zoning codes and ordinances Sec. 11 A-3 Duties of the department. The department of code compliance shall have the following duties (1) The director of the department shall act to coordinate activities within the department. The director shall provide overall management functions for the department, including contract management, fiscal control and personnel/safety programs (2) The director shall designate employees to enforce City Code provisions The code enforcement personnel shall be responsible for performing recurring inspections of properties in order to cause abatement of environmental, health, zoning and housing nuisances These employees shall prepare cases for review by the building standards commission and the city council They will initiate and participate in legal action, when required, to be processed through the municipal court and the Tarrant County court system and in nuisance abatement actions performed by the city Sec 11 A-4 Appointment of employees The director of code compliance shall have the power fo appoint, employ and remove such officers, assistants, employees and personnel as he may deem necessary for the efficient administration of the affairs of the department of code Page 2 :~ compliance and to prescribe and fix their duties and scope of authority within the budget approved by the city council Section 11 A-6 "Authorization" shall read as follows Sec 11 A-6 Authorization The director of Code Compliance and all duly authorized employees of the Department of Code Compliance shall have the authority to enforce provisions of the City Code relating to zoning, multi-family dwellings, minimum building standards, nuisance, environmental, and health, according to specific procedures set forth in said Code chapters and ordinances, including but not limited to (a) Chapter 7, Article IV (minimum building standards), (b) Chapter 7, Article IX {registration and inspection of multi-family dwelling complexes), (c) Chapter 12 5, Article VIII (solid waste and recycling), (d) Chapter 22, section 22-160 (parking of vehicles in front and side yards), (e) Chapter 22, Article IX Qunked vehicles), (f) Appendix A (Comprehensive Zoning Ordinance), (g) Appendix B, Chapter 11A (Department of Code Compliance) Section 11A-7 "Definitions", the definition of "Director" shall read as follows *,~* Director The Director of Code Compliance for the City of Fort Worth or the director's authorized representative *** Section 11A-24 "Miscellaneous Sanitation Nuisances" subsection (j) shall read as follows *** Page 3 (j) A person commits an offense if the person owns or is in control of property and accumulates or allows the accumulation of any solid waste or recyclables upon the property except in solid waste containers of a type approved by the Director of Department of Environmental Management. *** SECTION 2. 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 3 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 4. 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 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 not, Page 4 ~ -S~ '/ ~ d under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 5 This ordinance shall be in full force and effect immediately upon its passage as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY ~~~~~~ ~~ ASSISTANT CITY ATTORNEY DATE I ~- / , `" y ADOPTED EFFECTIVE Page 5 City of Fort Worth, Texas ~-~A~cr~ Anil aanc;( a~snun~cAt~ian C C DATE 7/17/01 REFERENCE NUMBER **G-13304 LOG NAME 12COMPLIANCE PAGE 1 of 1 SUBJECT ADOPT ORDINANCE AMENDING THE FORT WORTH CITY CODE TO PROVIDE FOR A CODE COMPLIANCE DEPARTMENT RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending the Fort Worth City Code to provide for a Code Compliance Department. DISCUSSION The City Services Department has been composed of three divisions It has been determined that the existing organizational structure would not be effective in addressing the City's strategic goals One division, the Code Compliance Division, is now being made into a new Code Compliance Department. The City Code must be amended to effectuate this change 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) YE Charles Boswell 8511 ~rllLl V Originating Department Head: ~CiTY COU~ClL David Yett 7606 (from) J~~ X7 2101 Additional Information Contact: (ffi ,. ~~~ / " ° ~ IC David Yett 7606 rtlt,?re~u Clty t Po Adopted Ortlinantse Nd, ~~~