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HomeMy WebLinkAboutOrdinance 14403ORDINANCE NO. ~ y y~3 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF APPENDIX A, "ZONING REGULATIONS", CHAPTER 8, "ENFORCEMENT", SEC. 8.101, "VIOLATIONS AND PENALTIES", TO PROVIDE THAT AN OFFENSE UNDER THIS APPENDIX IS PUNISHABLE BY A FINE NOT TO EXCEED $2,000.00 AND EACH SEPARATE OCCURRENCE OR EACH DAY THAT A VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; AND UPON SHOWING AT TRIAL THE DEFENDANT WAS ONCE PREVIOUSLY CONVICTED WITHIN A THREE YEAR PERIOD THE FINE SHALL BE NOT LESS THAN $250.00 AND UPON ALSO SHOWING THE DEFENDANT WAS NOT A RESIDENTIAL OCCUPANT THE FINE SHALL BE NOT LESS THAN $1,000.00; UPON SHOWING AT TRIAL THE DEFENDANT WAS PREVIOUSLY CONVICTED TWO OR MORE TIMES WITHIN A THREE YEAR PERIOD THE FINE SHALL BE NOT LESS THAN $500.00 AND UPON ALSO SHOWING THE DEFENDANT WAS NOT A RESIDENTIAL OCCUPANT THE FINE SHALL BE NOT LESS THAN $2,000.00; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Appendix A, "Zoning Regulations", Chapter 8, "Enforcement", Section 8 101, "Violations and Penalties" of the Code of the City of Fort Worth (1986), as amended, is hereby further amended and shall read as follows. Sec 8 101 Vidlahons and penalties. s Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of Appendix A, "Zoning Regulations" (this Appendix) shall be fined not more than $2,000 00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. a. If rt is shown on teal of an alleged offense under this Appendix that wrthm three years pnor to the alleged offense date the defendant has been once previously convicted of an offense under this Appendix, (1) except as provided by subsection (2) below, upon conviction the defendant shall be fined not less than $250 00, (2) and if rt is also shown on teal of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $1,000 00 b If rt is shown on teal of an alleged offense under this Appendix that wrthm three years pnor to the alleged offense date the defendant has been previously convicted of two or more offenses under this Appendix, (1) except as provided by subsection (2) below, upon conviction the defendant shall be fined not less than $500 00, (2) and if is .also shown on teal of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $2,000 00 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 m 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 ~unsdiction, 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. Section 1 above contains the penalty provisions for this ordinance. Therefore, a separate penalty clause does not appear in this section. SECTION 5. All nghts 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 m 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 m 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. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 1 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 7 This ordinance shall be m full force and effect after rts passage and publication as required by law, and rt is so ordained. APPROVED AS TO FO AND LEGALITY ~~ ASSISTANT CITY ATTORNEY DATE ADOPTED ~~- ~`~~ EFFECTIVE. I~_ ~ " d City of Fort Worth, Texas ~11~Aya~ And Council C,ommun~cA~ion DATE REFERENCE NUMBER LC~G NAME PAGE 11/7/00 G-13064 21 FINES3 1 of 1 SUBJECT ADOPTION OF ORDINANCE AMENDING APPENDIX A, "ZONING REGULATIONS", CHAPTER 8, SECTION 8 101 OF THE CODE OF THE CITY OF FORT WORTH RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Appendix A, "Zoning Regulations", Chapter 8, Section 8 101 of the Code of the City of Fort Worth, providing for minimum fines for different classes of zoning violations. This is one of four proposed ordinance changes that would affect fines, the others pertain to code compliance, environmental, and minimum building standards code violations DISCUSSION The proposed changes will provide for minimum fines for subsequent violations in a three-year period The minimum fine for a particular offense will depend upon whether the defendant had one prior conviction, or more than one prior conviction within the past three years, and whether the defendant was a residential occupant of the property involved in the offense The changes are meant to deter violators and provide a more effective tool for dealing with chronic violations. This concept has previously been presented to the full City Council The proposed changes were presented to the Municipal Court Advisory Committee during its September 26, 2000 meeting The committee recommended that the changes be presented to the City Council for consideration 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) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: N OV 7 2000 Tom Davis 6300 (from) ~, ""'"i1 Additional Information Contact: City Secretary of tlt® l bxa4 f Fort VVorth Cit Tom Davis 6300 . y o Adopted Ordinance No.