HomeMy WebLinkAboutOrdinance 14404ORDINANCE NO ~ yy0
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF PART II,
"CODE", CHAPTER 7, "BUILDINGS", ARTICLE IV, "MINIMUM
BUILDING STANDARDS CODE", DIVISION 5, "CRIMINAL
ENFORCEMENT", SEC. 7-125, "PENALTY", TO PROVIDE THAT AN
OFFENSE UNDER THIS ARTICLE IS PUNISHABLE BY A FINE NOT TO
EXCEED $2,000.00, PROVIDING THAT EACH SEPARATE
OCCURRENCE OR EACH DAY THAT A VIOLATION CONTINUES
SHALL CONSTITUE A SEPARATE OFFENSE, AND PROVIDING THAT
CRIMINAL CHARGES SHALL NOT BE A BAR AGAINST OR A
PREREQUISITE FOR OTHER. ACTION; 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 Part II, "Code", Chapter 7, "Buildings", Article IV, "Minimum Building Standards d°'=";„
Code", Division 5, "Criminal Enforcement", Sec 7-125, "Penalty" of the Code of the City of
Fort Worth (1986), as amended, is hereby further amended and shall read as follows
Sec 7-125 Penalty
An offense as defined under this article is a misdemeanor punishable by a fine not to exceed
$2,000 00 Each separate occurrence of a violation or each day that a violation continues
shall constitute a separate offense. The filing of cnmmal charges shall not be a bar against,
or a prerequisite for, taking any other action against a violator
a. If rt is shown on teal of an alleged offense under this article that within three years
pnor to the alleged offense date the defendant has been once previously convicted of
an offense under this article,
(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 article that within three years
prior to the alleged offense date the defendant has been previously convicted of two
or more offenses under this article,
(1) except as provided by subsection (2) below, upon conviction the defendant shall
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be fined not less than $500 00,
(2) and if is also shown on trial 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, m 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 unconstrtutionalrty 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 cnmmal, 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 m 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 52A13, Texas Local Government Code.
SECTION 7.
This ordinance. shall be m full force and effect after its passage and publication as required
by law, and it is so ordained.
APPROVED AST FO AND LEGALITY
ASSISTANT CITY ATTORNEY
DATE
ADOPTED I I ' 7-OD
EFFECTIVE
City of Fort Worth, Texas
A a~ And uunc~( Can~~rtun~cAt~an
~~ ~ C
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 G-13065 21 FINES4 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING PART II, "CODE", CHAPTER 7,
"BUILDINGS", ARTICLE IV, "MINIMUM BUILDING STANDARDS CODE", DIVISION 5,
SECTION 7-125 OF THE CODE OF THE CITY OF FORT WORTH
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Part II, Chapter 7,
Article IV, Division 5, Section 7-125 of the Code of the City of Fort Worth, providing for minimum fines
for different classes of minimum building standards code violations. This is one of four proposed
ordinance changes that would affect fines, the others pertain to code compliance, environmental, and
zoning 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 C~OUNCII
Originating Department Head: :
N 0 V 7 2000
Tom Davis 6300 (from)
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Additional Information Contact:
CIt~ S9crotary of the
City of Fort ~~orth.'~xrr,
Tom Davis 6300
Adopted Or~iaanc~ Na. ~ `~`~~~