HomeMy WebLinkAboutOrdinance 13942ORDINANCE NO. "~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 7,
"BUILDINGS," ARTICLE IV, "MINIMUM BUILDING STANDARDS
CODE," IN PART, BY AMENDING DIVISION 4, "ADMINISTRATIVE AND
CIVIL REMEDIES," SECTION 7-102, "HEARING BEFORE THE
COMMISSION", SUBSECTION (a), SUBSECTIONS (g-i) AND
SUBSECTIONS (m-o), BY AMENDING SECTION 7-104, "WORK
PERFORMED BY CITY", SUBSECTION (a), BY PROVIDING FOR BOND
REQUIREMENTS FOR CERTAIN PROPERTIES; BY AMENDING
SECTION 7-107, "CITY COUNCIL REVIEW", SUBSECTIONS (e-I); BY
AMENDING SECTION 7-108, "JUDICIAL REVIEW", SUBSECTION (b);
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1
The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the
amendment of Chapter 7, "Buildings," by the amendment, in part, of Article IV, "Minimum
Building Standards Code", Division 4, "Administrative and Civil Remedies", Section 7-102,
"Hearing Before the Commission", Subsections (a, g-i and m-o) and by adding
Subsections (p-q), Section 7-104, "Work Performed By the City", Subsection (a), Section
7-107, "City Council Review", Subsections (e-I), Section 7-108, "Judicial Review",
Subsections (b}, so that said Sections shall read as follows
Page 1
ARTICLE IV MINIMUM BUILDING STANDARDS CODE
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DIVISION 4 ADMINISTRATIVE AND CIVIL REMEDIES
***
Section 7-102. Hearing Before the Commission
(a) The Commission may, after notice and hearing, declare a building or structure to
be in violation of this Article if one of the following conditions is proven to exist:
***
(g) If the Commission allows the owner, lienholder, or mortgagee more than ninety
(90)' calendar days to complete any part of the work required to repair, remove, or
demolish the building or structure, the municipality shall require the owner,
lienholder, or mortgagee to regularly submit progress reports to the municipality to
demonstrate compliance with the time schedules established for commencement
and performance of the work. The order may require that the owner, lienholder, or
mortgagee appear before the Commission or the Superintendent to demonstrate
compliance with the time schedule If the owner, lienholder, or mortgagee owns
property, including structures or improvements on property, within the municipal
boundaries that exceeds $100,000 00 in total value, the municipality may require
the owner, lienholder, or mortgagee to post a cash or surety bond in an amount
adequate to cover the cost of repairing, removing, or demolishing a building under
this subsection In lieu of a bond, the municipality may require the owner,
lienholder, or mortgagee to provide a letter of credit from a financial institution or a
guaranty from a third party approved by the municipality The bond must be
posted, or the letter of credit or third party guaranty provided, not later than the 30tH
day after the date the municipality issues the order The bond, letter of credit from
a financial institution or a guaranty from a third party is subject to review and
approval by the City Attorney, or his/her designated representative
***
(i) The order shall be deemed issued and effective on the date the order of the
Commission is mailed first class mail, certified return receipt requested mail to the
owner, lienholder or mortgagee
***
Page 2
(m) An order of the Commission shall apply to any present and future owner,
lienholder or mortgagee until compliance with this Article is met.
(n) A bond, letter of credit from a financial institution or a guaranty from a third party
ordered by the Commission shall only apply to the present owner, lienholder or
mortgagee until compliance-with this .Article is met. Upon -sale of the property, if
compliance has.not occurred, the bond., letter of credit from a financial institution or
a guaranty from a third party shall be released and. a new bond, letter of credit from
a financial institution .or a guaranty from a third party in the same.amount, obtained
by the new owner shall be provided by the new owner The order of the
Commission shall state this requirement.
(o) In the event the Commission requires a bond, letter of credit from a financial
institution or a guaranty from a third party and the owner, lienholder, or mortgagee
and future owners, lienholders, and mortgagees fail to comply with the order of the
Commission within the time required, said bond, letter of credit from a financial
institution or a guaranty from a third party shall be forfeited to the City of Fort Worth
for collection The order of the Commission shall state this requirement.
(p) in the event the owner, lienholder or mortgagee sells the .building or structure
subsequent to the issuance of an order by the Commission, the owner, lienholder
or mortgagee shall notify the Superintendent of such sale
(q) The Superintendent shall have the power to establish procedures to enforce these
requirements regarding bonds, letters of credit and third party guaranties.
Section 7-104 Work Performed by City.
(a) If the Commission's order to vacate, .secure, repair, remove, or demolish the
building or structure is not complied with within the allotted time, the
Superintendent may vacate, secure, remove,, or demolish the building or structure,
or relocate the occupants of the building or structure, at the City's expense This
subsection does not limit the ability of a municipality to collect on a bond, letter of
credit from a financial institution or a guaranty from a third party or other financial
guaranty that may be required by Section 7-102(g).
***
Page 3
Section 7-107 City Council Review
***
(e) The City Council may reverse, .reverse and remand, modify, or uphold the order of
the Commission, and. shall .issue.its~decision.in a written .order The City Council
shall be held to the same: resirictions.as the Commission, as.specified.in Section .7-
102 of this Article The City Council order shall. be deemed issued and~effective on
the date the order is mailed first .class :mail, certified return receipt requested mail
to the owner, lienholder or mortgagee
***
(f) Within ten (10) calendar days after the date that the order is issued, the
Superintendent shall
(1) file a copy of the order with the City Secretary;
(2) publish in the official newspaper of the City a notice containing
A. the street address or legal description of the property;
B the date of the hearing,
C a brief statement indicating the results of the order; and
D instructions stating where a complete copy of the order may be
obtained, and
(g) The order of the City Council shall be deemed issued and effective on the date the
order is mailed first class mail, certified return receipt requested mail to the owner,
lienholder or mortgagee
(h) The order shall be reduced to writing and signed by the Mayor
(i) After the hearing, the Superintendent shall promptly mail by first class mail,
certified return receipt requested mail, a copy of the order to the owner of the
building or structure, and to any known lienholder and mortgagee of the building or
structure
(j) A hearing before the Council shall not be a bar against, or a prerequisite for, taking
any other action against a violator
(k) A hearing before the City Council shall exhaust the administrative remedies of a
property owner, mortgagee, or lienholder under this Article
Page 4
(I) In the event the owner, lienholder or mortgagee sells the building or structure after
the issuance of an order by the City Council, the owner, lienholder or mortgagee
shall notify the Superintendent of such sale
Section 7-108 Judicial Review
***
(b) The petition must be filed by an owner, lienholder, or mortgagee within thirty (30)
calendar days after the effective date of the City Council's order
***
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
Page 5
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, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption and Section 4 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 6
This ordinance shall be in full force and effect after its passage and publication as
required by law
AP O E AS RM A LEGALITY•
AS TANT CITY TORNEY
DATE. 9 / o~- J (~'
ADOPTED 9 I ~-t I ~9'
EFFECTIVE
Page 6
City of Fort Worth, Texas
M'Ayar and Council CammunicAt~an
DATE
9/16/99 REFERENCE NUMBER
G-12666 LOG NAME
21AMEND PAGE
1 of 1
SUBJECT AMENDMENT OF THE CODE OF THE CITY OF FORT WORTH, CHAPTER 7, ARTICLE
IV, MINIMUM BUILDING STANDARDS CODE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance revising Chapter 7, Article IV,
"Minimum Building Standards Code" of the City of Fort Worth
DISCUSSION
The Minimum Building Standards Code ("the Code") establishes minimum standards for the continued
use and occupancy of buildings within the City of Fort Worth The Code also provides for a Building
Standards Commission, hearings to determine if buildings are substandard, and civil and criminal
remedies
The proposed amendments adopt provisions of HB 2374, which was passed by the Legislature, signed
by the Governor, and became effective September 1, 1999 HB 2374 allows municipalities to secure
the cost of repairs or demolition of substandard properties by requiring a bond to cover the cost of
completing the work. Adoption of the attached ordinance will provide the City with additional
assurances that property owners will complete required repairs or demolitions of substandard
properties in a timely manner as specified in Building Standards Commission orders
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 s511 ; APPROV~~
Originating Department Head: ~ V`I t l ~~~~~~
Tom Davis 6300 (from) S~P 21 1999
Additional Information Contact: (y?,..,` ~~J
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Tom Davis 6300 City of 1?ort @4lorth, T~a~a:~