HomeMy WebLinkAboutOrdinance 12932ORDINANCE 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 ITS ENTIRETY, PROVIDING A PURPOSE, PROVIDING
DEFINITIONS, PROVIDING FOR THE OFFICE OF THE
SUPERINTENDENT, PROVIDING FOR A NEW BUILDING STANDARDS
COMMISSION AND DISSOLUTION OF THE OLD COMMISSION,
PROVIDING FOR MINIMUM BUILDING STANDARDS, PROVIDING FOR
HEARINGS TO HAVE BUILDINGS DECLARED SUBSTANDARD,
PROVIDING FOR ASSESSMENT OF CIVIL PENALTIES OF UP TO
$1,000 PER DAY FOR EACH VIOLATION OF A COMMISSION ORDER,
PROVIDING FOR PROCEDURES TO SECURE VACANT BUILDINGS,
PROVIDING FOR CIVIL AND CRIMINAL REMEDIES; PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A FINE OF UP TO $2,000 FOR EACH OFFENSE
IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS
' CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,. the City Council of the City of Fort Worth finds that buildings which are
allowed to become dilapidated AND substandard endanger the health and safety of the
occupants of such buildings and the general public, and may lead to the furtherance of
criminal activity within the City; and
WHEREAS, the adoption of Minimum Building Standards will promote the safeguarding
of the life, health, safety, welfare, and property of the occupants of such buildings and the
general public;
NOW, THEREFORE, 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 of Article IV, "Minimum Building
Standards Code, so that hereafter said Article shall read as follows.
Page 1
ARTICLE IV. MINIMUM BUILDING STANDARDS CODE
DIVISION 1 IN GENERAL
Section 7-66. Short Title.
This Article may be referred to as the "Minimum Building Standards Code "
Section 7-67. Purpose of Article.
This Article is adopted pursuant to Texas Local Government Code, Chapter
214 The purpose of this Article is to establish the minimum standards for
the continued use and occupancy of all types of buildings within the City of
Fort Worth, regardless of the date of their construction, in order to
safeguard the public health, safety and welfare and to protect property
Section 7-68. Definitions.
Approved means having the approval of the Code Compliance
Superintendent as the result of investigation and tests conducted by him or
by reason of accepted principles or tests by national authorities, technical or
scientific organizations; or as having the approval of the appropriate
enforcement official of the City of Fort Worth as being in compliance with
the standards and requirements of any code or ordinance of the City of Fort
Worth which applies specifically to the item in question.
Attractive nuisance means a condition, instrumentality, or machine on
premises which is dangerous to young children because of their inabilityA to
appreciate the peril of the condition, instrumentality, or machine, and which
may reasonably be expected to attract children to the premises.
Building Code means the Building Code of the City of Fort Worth as
adopted and amended from time to time
Building Official means the officer or other designated authority charged
with the administration and enforcement of the Building Code, or the
Building Official's duly authorized representative
Commercial waste container means atruck-loaded or truck-emptied non-
disposable container, commonly referred to as a dumpster, used for the
collection of commercial garbage and rubbish
Curtilage means the space of grounds and buildings immediately
surrounding a dwelling.
Page 2
Demolition delay when used in Section 7-109 of this Article means a
structure or site which satisfies one (1) or more of the criteria set out in
Section 2G, subdivision B, section (3)c, of the Comprehensive Zoning
Ordinance, and which is designated as such
Doorknob lock means a lock in a doorknob, with the lock operated from the
exterior by a key, card, or combination and from the interior without a key,
card, or combination
Door viewer means a permanently installed device in an exterior door that
allows a person inside the dwelling to view a person outside the door The
device must be
(a) a clear glass pane or one-way mirror; or
(b) a peephole having a barrel with aone-way lens of glass or other
substance providing an angle view of not less than 160 degrees
Dwelling unit means a dwelling of one (1) or more habitable rooms,
including an efficiency unit, which is occupied by one or more persons for
living, sleeping, cooking, and sanitation purposes
Efficiency dwelling unit means a dwelling unit with one (1) habitable room
that contains facilities used for combined sleeping, living, cooking, and
eating purposes.
Electrical Code means the Electrical Code of the City of Fort Worth as
adopted and amended from time to time
Environment Code means the "Environmental Protection and Compliance"
Chapter of the Fort Worth City Code, as adopted and amended from time to
time
Exit means a continuous and unobstructed means of egress to a public way
and shall include intervening aisles, doors, doorways, gates, corridors,
exterior exit balconies, ramps, stairways, smoke-proof
Fire Code means the Fire Code of the City of Fort Worth as adopted and
amended from time to time
Floor area means the area included within the surrounding exterior walls of
a building or portion thereof, exclusive of vents shafts and courts
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French doors means a, set of two exterior doors in which each door is
hinged and abuts the other door when closed. The term includes double-
hinged patio doors.
Garbage means putrescible animal and vegetable waste materials andlor
residue from the handling, preparation, cooking, or consumption of food,
including waste materials from markets, storage facilities, and the handling
and sale of produce and other food products
Habitable room means any room designed for sleeping, living, cooking or
eating purposes, excluding such enclosed places as closets, pantries, bath
or toilet rooms, service rooms, connection corridors, laundries, unfinished
attics, foyers, storage spaces, cellars, utility rooms and similar spaces.-
Health Code means the Health Code of the City of Fort Worth as adopted
and amended from time to time
Health Director means the director of the Fort Worth Department of Health,
as appointed by the City Manager
Highly significant endangered means a structure or site which satisfies five
(5) or more of the criteria set forth in Section 2G, subdivision B, paragraph 2
of the Comprehensive Zoning Ordinance
Historic and cultural landmark means a structure or site which satisfies
three (3) or more of the criteria set out in Section 2G, subdivision B,
paragraph 2 of the Comprehensive Zoning Ordinance, and which is
designated as such
Historic and cultural landmarks district means an area which includes two
(2) or more structures or sites which satisfy three (3) or more of the criteria
set out in Section 2G, subdivision B, paragraph 2, of the Comprehensive
Zoning Ordinance, together with their accessory buildings, fences, and
other appurtenances, and which is designated as such An historic and
cultural landmarks district may have within its boundaries other structures
that, while not of such historical, cultural, architectural, or archaeological
significance as to be designated as an historic and cultural landmark,
nevertheless contribute to the overall visual setting or characteristics of the
district.
Hot water means water at a temperature of not less than 110° degrees
Fahrenheit.
Human consumption means uses by humans in which water can be
ingested into or absorbed by the human body Examples of these include,
but are not limited to, drinking, cooking, brushing teeth, bathing, washing
Page 4
hands, preparing foods, and washing dishes, utensils, and other articles
used in the preparation or consumption of food
Infestation means the presence of vectors such as fleas, ticks,
cockroaches, lice, and rodents, and other pests such as ants, bees, and
wasps within or contiguous to a dwelling unit or an accessory structure or
facility incidental to the use thereof
Keyed dead bolt means a door lock, not in the doorknob, that locks with a
bolt into the doorjamb and is operated from the exterior by a key, card, or
combination and from the interior without a key, card, or combination, or a
doorknob lock that contains a bolt with at least gone-inch throw
Keyless bolting device means a door lock, not in the doorknob, that locks
(a) with a bolt into a strike plate screwed into the portion of the doorjamb
surface that faces the edge of the door when the door is closed or
into a metal doorjamb that serves as the strike plate, operable only
by knob or lever from the door's interior and not in any manner from
the door's exterior, and that is commonly known as a keyless dead
bolt; or
(b) by a drop bolt system operated by placing a central metal plate over
a metal doorjamb restraint that protrudes from the doorjamb and that
is affixed to the doorjamb frame by means of three case-hardened
screws at least three inches in length One-half of the central plate
must overlap the interior surface of the door and the other half of the
central plate must overlap the doorjamb when the plate is placed
over the doorjamb restraint. The drop bolt system must prevent the
door from being opened unless the central plate is lifted off of the
doorjamb restraint by a person who is on the interior side of the door
The term keyless bolting device does not include a chain latch, flip latch,
surface-mounted solid bolt, mortise door bolt, surface-mounted barrel bolt,
surface-mounted.swing bar door guard, springloaded nightlatch, foot bolt, or
other lock or latch
Kitchen means a room used, designed or intended to be used, for the
preparation of food
Landlord means any person who is an owner, lessor, management
company, or managing agent, including on-site manager, of a building
Landmarks Commission shall mean the Historic and Cultural Landmarks
Commission of the City of Fort Worth
Page 5
Mechanical Code means the Mechanical Code of the City of Fort Worth as
adopted and amended from time to time
Multi-family dwelling means a dwelling within a multi-family dwelling
complex.
Multi-family dwelling complex
(a) Multi-family dwelling complex means.
(1) Eight (8) or more dwelling units that are under common
ownership or that are managed by the same person, and that
are on the same lot or tract or on adjoining lots or tracts
(2) A lodging house
(b) The term also includes any accessory structures and facilities
incidental to the use thereof, including but not limited to yards,
courts, parking areas, storage buildings, offices, maintenance
buildings, equipment buildings, mail rooms, laundry facilities,
swimming pools, spas, ponds, wells, cabanas, play rooms and play
yards, recreational and picnic facilities, public assembly rooms,
garages, carports, fences, walls, and all other similar buildings,
s#ructures, and facilities on the premises.
(c) The term shall not include hotels, motels, or congregate residences
The term shall not include dwelling units which are owner-occupied
Other pests means ants, bees, and wasps.
Plumbing Code means the Plumbing Code of the City of Fort Worth as
adopted and amended from time to time
Possession of a dwelling unit means occupancy by a tenant under a lease,
including occupancy until the time the tenant moves out or a writ of
possession is issued by a court. It does not include occupancy before the
initial occupancy date authorized under a lease
Potable water means water which is satisfactory for human consumption
and domestic purposes.
Public area means a portion of amulti-family dwelling complex to which all
residents or a substantial group of residents has reasonable access,
including but not limited to yards, courts, parking areas, walkways, mail
rooms, laundry facilities, swimming pools, spas, cabanas, play rooms and
play yards, recreational and picnic facilities, and public assembly rooms.
Page 6
Putrescible waste means organic wastes, such as garbage, wastewater
treatment plant sludge, and grease trap waste, that is capable of being
decomposed by microorganisms with sufficient rapidity as to cause odors or
gases or is capable of providing food for or attracting birds, animals, and
disease vectors
Rubbish means nonputrescible solid waste, excluding ashes, that consists
of•
(a) combustible waste materials, including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves, and
similar materials; or
(b) noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture, and similar materials that do not burn
at ordinary incinerator temperatures (1600 °F to 1800 °F)
Service room or building means any room or building used for storage,
assembly, sanitary or utility purposes, and not included in the definition of
habitable rooms
Structure means that which is built or constructed, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner
Security device means a doorknob lock, door viewer, keyed dead bolt,
keyless bolting device, sliding door handle latch, sliding door pin lock,
sliding door security bar, or window latch in a dwelling.
Sliding door handle latch means a latch or lock located near the handle on
a sliding glass door, operated without a key, and designed to prevent the
door from being opened.
Sliding doorpin lock means a lock on a sliding glass door that consists of a
pin or nail inserted from the interior side of the door at the side opposite the
door's handle and that is designed to prevent the door from being opened
or lifted.
Sliding door security bar means a bar or rod that can be placed at the
bottom of or across the interior side of the fixed panel of a sliding glass door
and that is designated to prevent the door from being opened
Solid waste means any garbage, rubbish, recyclables, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control facility,
and other discarded material including solid, liquid, semi-solid, or contained
Page 7
gaseous material resulting from industrial, municipal, commercial, mining,
and agricultural operations, and from community and institutional activities,
but does not include.
(a) Solid or dissolved material in domestic sewage, or solid or dissolved
material in irrigation return flows, or industrial discharges subject to
regulation by permit issued pursuant to the Texas Water Code,
Chapter 26,
(b) Soil, dirt, rock, sand, and other natural or man-made inert solid
materials used to fill land if the object of the fill is to make the land
suitable for the construction of surface improvements, or
(c) Waste materials which result from activities associated with the
exploration, development, or production of oil and gas and are
subject to control by the Railroad Commission of Texas.
Substandard
(a) any building whose condition has deteriorated as described below is
hereby deemed to be substandard
(1) When any door, aisle, passageway, stairway, or other means
of exit is not of sufficient width or size or is not so arranged as
to provide safe and adequate means of exit in case of fire or
panic;
(2) When the walking surface of any aisle, passageway, stairway,
or other means of exit is warped, worn, loose, tom, or
otherwise unsafe so that it would not provide safe and
adequate means of exit in case of fire or panic;
(3) When the stress in any materials, member, or portion thereof,
due to all dead and live loads, is more than one and one half
times the working stress or stresses allowed in the Building
Code for new buildings or similar structure, purpose, or
location,
(4) When any portion has been damaged by fire, earthquake,
wind, flood, or by any other cause, to such an extent that the
structural strength or stability thereof is materially less than it
was before such catastrophe and is less than the minimum
requirements of the Building Code for a newly constructed
building of like area, height, and occupancy;
Page 8
(5) When any portion or member or appurtenance is likely to fail,
or to become detached or dislodged, or to collapse and
thereby injure persons or damage property;
(6) When any portion of the building, or when any member,
appurtenance or ornamentation on its exterior is not of
sufficient strength or stability, or is not anchored, attached, or
fastened in place so as to be capable of resisting a wind
pressure of one half of that specified in the Building Code for a
newly constructed building of like area, height and occupancy,
without exceeding the working stresses permitted in the
Building Code for such buildings,
(7) When any portion has wracked, warped, buckled, or settled to
such an extent that walls or other structural portions have
materially less resistance to winds or earthquakes than is
required in the case of similar new construction,
(8) When the building or any portion thereof is likely to partially or
completely collapse because of•
A. dilapidation, deterioration, or decay;
B faulty construction,
C the removal, movement, or instability of any portion of
the ground necessary for the purpose of supporting
such building;
D the deterioration, decay, or inadequacy of its
foundation, or
E any other cause,
(9) When, for any reason, the building or any portion thereof is
manifestly unsafe for the purpose for which it is being used,
(10) When the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing
through the center of gravity does not fall inside the middle
one third of the base,
(11) When the building, exclusive of the foundation, shows thirty-
three percent (33%) or more damage or deterioration of its
supporting member or members, or fifty percent (50%)
damage or deterioration of its non-supporting members,
enclosing or outside walls or coverings,
(12) When the building is damaged, dilapidated, or deteriorated to
the extent that it is an attractive nuisance,
Page 9
(13) If the building was constructedi or is maintained in violation of
any specific requirement or prohibition applicable to such
building provided by the Building Code, or of any law or
ordinance of this state or City relating to the condition,
location, or structure of buildings,
(14) If the building has in any nor-supporting part, member, or
portion less than fifty percent (50%), or in any supporting part,
member, or portion less than sixty-six percent (66%) of the
strength, fire-resisting qualities; or characteristics, or weather-
resisting qualities or characteristics required by law for a
newly constructed building of like area, height, and
occupancy;
(15) If the building is used or intended to be used for dwelling
purposes, and because cif inadequate maintenance,
dilapidation, decay, damacge, faulty construction or
arrangement, inadequate light„ air, or sanitation facilities, or
otherwise, is determined by the Superintendent or the
Superintendent's authorized representative to be unsanitary,
unfit for human habitation, or i:~ such a condition that is likely
to cause sickness or disease,
(16) If the building, because oaf obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of
sufficient fire-resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause, is
determined by the Superintendent or his authorized
representative to be a hazard;
(17) When any portion of an abandoned building or structure
remains on a site after the demolition or destruction of the
building or structure,
(18) When the building or its curtilage contains accumulations of
solid waste, stagnant water or other stagnant liquid,
flammable liquids, slops, or other deposits or substances
which are
A. unwholesome, filthy, unsightly, offensive, or unsanitary;
B likely to create or engender disease,
C likely to harbor vectors, or
D likely to contaminate storrnwater runoff; or
Page 10
(19) When the building is operated or maintained in violation of the
minimum standards established in this Article
(b) A building is substandard, regardless of its structural condition, if it is
unoccupied by its owners, lessees, or other invitees and is
unsecured from unauthorized entry to the extent that it could be
entered or used by vagrants or other uninvited persons as a place of
harborage or could be entered or used by children
(c) A building that is boarded up, fenced, or otherwise secured in any
manner, is nevertheless substandard if it:
(1) constitutes a danger to the public even though secured from
entry; or
(2) the means used to secure the building are inadequate to
prevent unauthorized entry or use of the building by children
or by vagrants or other uninvited persons as a place of
harborage
(d) A construction site is substandard if there has been no significant
construction work done in the previous three (3) months, and the
site is not secured by a fence or other means to prevent its use by
children or by vagrants or other uninvited persons as a place of
harborage
(e) A construction site is substandard if there has been no significant
construction work done in the previous three (3) months, and all
building materials and construction equipment and tools have neither
been removed from the site nor secured at the site to prevent their
use by children, their theft, their deterioration, their vandalism, or
their harborage of rodents or insects.
Vector means an insect or other animal that is capable of transmitting a
disease-producing organism
Water closet means a toilet.
Window latch means a device on a window that prevents the window from
being opened and that is operated without a key and only from the interior
Sections 7-69 through 7-75 reserved.
Page 11
DIVISION 2. ADMINISTRATION
Section 7-76. Superintendent.
(a) There is hereby established in the Department of City Services,
Code Compliance Division, the office of the Superintendent. The
Superintendent is authorized to administer and enforce the
provisions of this Article
(b) The Superintendent and the Superintendent's authorized
representatives shall, in accordance with Article 18 05 of the Texas
Code of Criminal Procedure, be authorized to make inspections of all
buildings and premises within the City for the purpose of determining
compliance with this Article.
(c) The Superintendent may appoint such number of inspectors and
employees as shall be authorized by the appropriations ordinance
and the budget of the City The Superintendent may deputize such
employees as may be necessary to carry out the functions required
for the enforcement of this Article
(d) The Superintendent, deputies, and officers shall be supplied with
official City of Fort Worth identification, and upon request ,they shall
exhibit such identification when performing any duties imposed and
authorized by this Article
(e) The Building Official shall review all proposed amendments to the
building, plumbing, electrical and mechanical codes and shall
recommend to the appropriate board whether such amendments
should be applied retroactively to existing structures.
Section 7-77. Building Standards Commission.
(a) There is hereby established a Building Standards Commission.
(b) The Commission shall consist of nine (9) members, each of whom
shall be a duly qualified elector and a resident of the City Each
member of the Commission shall be appointed by the City Council
It is the declared policy of the City that the City Council shall consider
for appointment to the Commission only those persons who have
demonstrated their civic interest, general knowledge of the
community, independent and intelligent judgment, understanding of
building standards, understanding of neighborhood integrity, and
availability to prepare for and attend meetings, and who by reason of
Page 12
diversity of their occupations, constitute a Commission which is
broadly representative of the community
(c) The members of the Commission shall be identified by place
numbers 1 through 9
(d) .Except as provided in subsection (e) below, members of the
Commission shall be appointed for atwo-year term, unless removed
prior to the expiration of the term. Members of the Commission shall
be subject to removal at any time by the City Council.
(e) Members of the Commission in the odd-numbered places shall serve
terms expiring April 30 of odd-numbered years. The first term of
such members shall expire April 30, 1999 Members of the
Commission in the even-numbered places shall serve terms expiring
April 30 of the even-numbered years. The first term of such
members shall expire April 30, 2000
(f) Any vacancy in the membership of the Commission shall be filled by
the City Council for the unexpired term of the member whose place
has, by removal or otherwise, become vacant. Vacancies shall be
filled within sixty (60) days after the City Council removes the
member or within sixty (60) days after the City Council receives
notice of the member's resignation
(g) In addition to the nine (9) members of the Commission, the City's fire
chief, housing official, Health Official, and Building Official shall be
ex-officio, non-voting members of the Commission.
(1) Each ex-officio member shall attend each Commission
meeting in person or through an authorized assistant.
(2) Ex-officio members shall advise and consent with the
Commission in matters pertaining to enforcement of this
Article
(3) When requested by the Commission, an ex-officio member
shall inspect buildings, structures, or premises that are
alleged to be in violation of this Article, and shall present a
report of such inspection to the Commission
(h) The Building Standards Commission which was created by previous
ordinance and which is in place on the effective date of this Article,
shall be abolished effective April 30, 1997, and the new Commission
established by this Article shall be created on that date, and the new
members sworn into office as soon as possible thereafter
Page 13
Sections 7-78 through 7-85 reserved.
DIVISION 3 MINIMUM STANDARDS FOR BUILDINGS
Section 7-86. Declaration of Minimum Standards; Owner
Responsibility.
(a) The standards established in this Division shall be the minimum
standards for the continued use and occupancy of all buildings,
regardless of when they were constructed Any building that is in
violation of these standards is hereby declared to be substandard, a
nuisance, and a hazard to the public health, safety, and welfare
(b) The owner and any landlord of any premises within the City shall be
responsible for maintaining the premises in compliance with the
minimum standards. The standards of this Division are intended to
complement the requirements of any other applicable code or
ordinance of the City of Fort Worth, and shall not be deemed to
lower any more restrictive standard required by the Codes at time of
original construction or subsequent remodeling The duty of an
owner or landlord to maintain premises in compliance with this Article
is not affected by any duty this Article creates upon the tenants
thereof, even if the owner or landlord has, by agreement, imposed
upon the tenants the duty of maintaining the premises and complying
with this Article.
Section 7-87. Structural and Materials Standards.
(a) General. Buildings may be of any type construction permitted by and
in compliance with the Building Code Roofs, floors, walls,
foundations, and all other structural components shall be maintained
to withstand the loads and forces for which they were required to be
designed and constructed pursuant to the code in effect at the time
of construction All structural elements shall be proportioned and
joined in accordance with the stress limitations and design criteria
specified in the applicable provisions of the Building Code
(b) Construction materials.
(1) All construction materials, including but not limited to wood,
gypsum products, glass, fiberglass, paper, canvas, fabric,
plastic, vinyl, masonry, ceramic, plaster, brick, rock, stucco,
slate, concrete, asphalt, tin, copper, steel, iron, and aluminum,
Page 14
that is attached to or forms any part of a building, shall be
maintained in good condition
(2) All wood used in the construction of buildings shall be
protected against termite damage and decay as provided in
the Building Code A separation of a minimum of six (6)
inches shall be maintained between wood surfaces exposed
to the weather and the earth Where wood, other than that
which is approved as naturally resistant to decay, is used it
shall be painted or treated with an approved treatment as
often as necessary to maintain a barrier against insects and
the elements. Every building shall be weather protected so as
to provide proper shelter for the occupants from the elements
and so as to exclude dampness
(c) Roofs.
(1) The roofs of all structures shall be maintained in good
condition and shall be maintained to withstand the loads and
forces for which they were required to be designed and
constructed pursuant to the code in effect at the time of
construction All structural elements shall be proportioned and
securely fastened to eliminate collapse hazards.
(2) Roofs shall be repaired when leaks, sags, or holes occur, or
when there are missing, charred, or deteriorated shingles, or
rotten wood
(3) Gutters and downspouts, where installed, shall be maintained
in good condition, shall be capable of performing the function
for which they were designed, and shall be securely fastened
in place
(d) Chimneys. Chimneys shall be reasonably plumb Loose bricks or
blocks shall be rebonded Loose or missing mortar shall be
replaced
(e) Foundations. Foundations and components shall be maintained in
good condition and shall be maintained to withstand the loads and
forces for which they were required to be designed and constructed
pursuant to the code in effect at the time of construction All
components shall be reasonably plumb, proportioned, and securely
fastened
Page 15
(f) Floor area of dwelling units.
(1) Each dwelling unit, other than an efficiency dwelling unit,
shall have not less than two (2) habitable rooms and shall
conform to the following minimum requirements.
A. For combined living, sleeping, cooking, and eating
purposes, each unit shall have at least one (1) room of
not less than one hundred twenty (120) square feet of
floor area and one room of not less than seventy (70}
square feet of floor area.
B Sleeping rooms which accommodate one or two
persons shall have not less than seventy (70) square
feet of floor area, plus fifty (50) square feet of
additional floor area for each occupant in excess of two
(2)
C Each habitable room except kitchens shall not have
any floor dimension which is less than seven (7) feet.
D Each toilet shall be located in a clear space not less
than thirty (30) inches in width The clear space in
front of the toilet shall not be less than twenty-four (24)
inches
(2) Every efficiency dwelling unit shall have one habitable room
and shall conform to the following minimum requirements
A. For combined living, sleeping, cooking, and eating
purposes, each efficiency unit shall have one (1)
habitable room of not less than two hundred twenty
(220) square feet of floor area if the unit is occupied
by one or two persons.
B For each occupant in excess of two (2), an additional
one hundred (100) square feet of floor area shall be
provided;
C Each efficiency unit shall have a separate closet;
D Each efficiency unit shall have a separate bathroom,
containing a toilet, lavatory sink, and a bathtub or
shower; and
Page 16
E. Each efficiency unit shall have light and ventilation
conforming to this Article
(g) Floors.
All floors shall be maintained in good condition, and shall be
maintained to withstand the loads and forces for which they were
required to be designed and constructed pursuant to the code in
effect at the time of construction. All structural elements steal{ be
proportioned, securely fastened, and free of holes or decay to
eliminate collapse or trip hazards. Cracks or breaches in concrete
floors, sufficient in size to allow insects to enter, shall be sealed with
approved materials.
(h) Bathroom floors and walls.
The floors of toilet compartments and bathrooms shall be finished
with approved non-absorbent materials such as the or linoleum or
similar floor coverings, as specified in the Building Code Floors and
walls of shower enclosures shall be maintained in good condition
free of holes, cracks, breaches, decay and rot. Materials other than
structural elements used in such floors and walls shall be of a type
which is not adversely affected by moisture
(i) Counter tops and backsplashes.
Kitchen and bathroom counter tops and backsplashes surrounding
kitchen sinks and lavatory sinks shall be maintained in good
condition free of decay and rot.
Q) Interior walls and ceilings.
(1) All interior walls and ceilings and portions thereof shall be
maintained in good condition, and shall be maintained to
withstand the loads and forces for which they were required
to be designed and constructed pursuant to the code in
effect at the time of construction.. All structural elements
shall be proportioned and securely fastened to eliminate
collapse hazards.
(2) All interior walls and ceilings and portions thereof shall be
free of holes, breaches, significant cracks, dampness, water
damage, significant smoke damage, fire damage, and
mildew
Page 17
(k) Exterior windows.
(1) The glass surfaces of exterior windows shall be maintained
free of breaks and significant cracks. When damage occurs,
glass shards shall be removed promptly to reduce the risk of
injury
(2) Exterior windows shall be maintained in good condition, and
shall fit the contours of their frames, so as to prevent the
entry of air, dampness, and vectors and other pests when
closed
(3) Each habitable room within a dwelling unit shall be provided
with natural light by means of an exterior glazed opening with
an area of not less than one tenth of the floor area of such
room, but in no instance shall the area be less than ten (10)
square feet.
(I) Exterior doors.
(1) The glass surfaces of exterior doors shall be maintained free
of breaks and significant cracks. When damage occurs,
glass shards shall be removed promptly to reduce the risk of
injury
(2) Exterior doors shall be maintained in good condition, and
shall fit the contours of their frames, so as to prevent the
entry of air, dampness, and vectors and other pests when
closed.
(m) Access, exits and emergency escape.
(1) All buildings shall be located with respect to property lines
and to other buildings on the same property as required by
the Building Code and Zoning Ordinance of the City of Fort
Worth
(2) Every dwelling unit shall have door access directly to the
outside or to a public corridor All buildings shall be provided
with exits, exitways and appurtenances as required by the
Building Code. Each multi-family dwelling unit shall have
access to a passageway not less than the width required by
the Building Code at time of construction, but in no case shall
it be less than three (3) feet in width leading to a public street
or alley
Page 18
(3) In dwelling units, each sleeping room below the fourth story
and each basement shall have at least one (1 } operable
window or exterior door approved for emergency escape or
rescue which shall open directly into a public street, public
alley, yard or exit court. The window or door shall be
operable from the inside to provide a full clear opening
without the use of separate tools
(4) The finished sill height, minimum net clear openable area,
and minimum net clear openable height and width
dimensions of escape or rescue windows in dwelling units
shall comply with the Building Code
(5) Bars, grilles, grates and other similar security devices may be
installed on emergency escape or rescue windows or doors
in dwelling units provided that:
A. a building permit is obtained prior to installation,
B a final inspection is obtained from the Building
Inspection Division upon completion of work;
C the devices are equipped with approved release
mechanisms which are operable from the inside of the
dwelling without the use of a key or special knowledge
or effort; and
D the building is equipped with smoke detectors
installed in accordance with all applicable City
ordinances
(n) Ventilation.
(1) Except as provided by subsection (2) below, each habitable
room within a dwelling unit shall be provided with natural
ventilation by means of an openable exterior opening Such
opening shall have an area of not less than one twentieth of
the floor area of the room, with a minimum of five (5) square
feet.
(2) In lieu of required exterior openings for natural ventilation, a
mechanical ventilation system may be provided. Such system
shall be capable of providing two air changes per hour in all
habitable roams and in public corridors. Twenty (20) percent
of the air supply shall be taken from the outside
Page 19
(3) Except as provided by subsections (4} or (5) below, each
bathroom, toilet compartment, laundry room, and similar
rooms shall be provided with natural ventilation by means of
an openable exterior opening with an area not less than one
twentieth of the floor area of the room, with a minimum of one
and one-half (1-1/2) square feet. A laundry room that has an
HVAC vent installed in the room is exempt from the
requirements of this subparagraph
(4) In lieu of required exterior openings for natural ventilation in
bathrooms containing a bathtub or shower or combination
thereof, laundry rooms and similar rooms, a mechanical
ventilation system connected directly to the outside, capable
of providing five air changes per hour, shall be provided The
point of discharge of exhaust air shall be at least three (3) feet
from any opening into the building.
(5) Bathrooms which contain only a toilet or lavatory sink or
combination thereof may be ventilated with an approved
mechanical recirculating fan or similar device designed to
remove odors from the air
(o) Balconies, landings, porches, decks, and walkways.
(1) All balconies, landings, porches, decks, and walkways shall
be maintained in good condition and shall be maintained to
withstand the loads and forces for which they were required
to be designed and constructed pursuant to the code in
effect at the time of construction All structural elements
shall be proportioned and securely fastened to eliminate
collapse or trip hazards.
(2) Cracks or breaches in concrete or lightweight concrete
balconies, landings, porches, or walkways, that are of
sufficient size to allow water to penetrate, shall be sealed
with approved material
(3) Support posts or columns that provide support to balconies,
landings, porches, decks, or walkways or canopies over
same, shall be maintained in good condition, reasonably
plumb and shall be maintained to withstand the loads and
forces for which they were required to be designed and
constructed pursuant to the code in effect at the time of
construction The structural elements shall be intact,
proportioned, and securely fastened to eliminate collapse
hazards
Page 20
(p) Handrails and railings.
(1) Handrails shall be provided as required by the Building Code
(2) All handrails and railings shall be maintained in good
condition, and shall be maintained to withstand the loads and
forces for which they were required to be designed and
constructed pursuant to the code in effect at the time of
construction All components shall be proportioned and
securely fastened
(3) The maintenance requirements of this subsection shall not
prohibit the removal of a handrail or railing that is not
required by law
(q) Steps and stairways.
(1) Steps and stairways shall be maintained in good condition
and shall be maintained to withstand the loads and forces for
which they were required to be designed and constructed
pursuant to the code in effect at the time of construction A{I
components shall be proportioned and securely fastened to
eliminate trip or collapse hazards.
(2) Cracks or breaches in lightweight concrete in steps,
balconies, and walkways, which are of sufficient size to allow
water to penetrate, shall be sealed
(r) Fences, retaining walls, and barriers.
(1) Fences, retaining walls, decorative walls, and barriers shall
be maintained in good condition, and shall not be out of
vertical alignment by more than eighteen (18) degrees,
unless designed as such
(2) Rotted, fire damaged, or broken wooden slats and support
posts shall be repaired or replaced
(3) Broken or severely bent metal posts or torn, cut or ripped
metal fencing materials shall be repaired or replaced
(4) Loose brick, stone, rock, ,mortar or similar materials on
masonry walls and barriers shall be rebonded or similarly
repaired.
Page 21
(5) Barriers required for swimming pools or spas shall be
maintained in accordance with all statutes and ordinances.
(6) Chain link fences that are six (6) feet or shorter shall have
the top finish twists (selvages) turned under or knuckled.
(7) The above requirements shall not prohibit a fence, retaining
wall, decorative wall or barrier from being removed if it is not
otherwise required by law
(s) Parking areas.
(1) Hard-surfaced parking surfaces and private streets shall be
maintained in good condition, free of holes or breaches
capable of holding or trapping pools of water
(2) Parking surfaces capable of accommodating six (6) or more
motor vehicles shall be provided with appropriately striped
spaces to enhance pedestrian safety and traffic flow
(3) Parking bumpers shall be installed where necessary to
prevent motor vehicles from protruding across pedestrian
walkways or from blocking entrances or exits to buildings or
structures.
(4) Gutters and storm drains in parking areas which are
designed to divert or drain surface water shall be kept free of
debris or litter
Section 7-88. Mechanical Standards.
(a) Air conditioning.
(1) Fixed air conditioning systems, when provided, shall be
maintained in good condition, with clean filters and
condensing units, and unobstructed air ducts. Air conditioner
condenser unit covers, panels, conduits and disconnects shall
be properly attached.
(2) Fixed air conditioning systems, when provided, shall be
designed to cool to a twenty (20) degree differential between
inside and outside temperatures, and shall function to at least
a fifteen (15) degree differential
Page 22
(b) Heating.
(1) All heating devices or appliances installed or used in a
dwelling unit shall be of an approved type
(2) Every dwelling unit shall be provided with heating facilities
capable of maintaining a room temperature of 68° Fahrenheit,
at a point three feet above the floor in all habitable rooms.
Such facilities shall be installed and maintained in a safe
condition and in accordance with the Building Code,
Mechanical Code and all other applicable codes
(3) Unvented fuel-burning room heaters shall not be installed,
used, maintained or permitted to exist in dwelling units
(4) Where heating is provided in buildings other than dwelling
units, the heating facilities shall be installed and maintained in
a safe condition and in accordance with the Building Code,
Mechanical Code, and all other applicable codes.
(c) Water heating equipment.
(1) All water heating appliances, equipment or boilers shall be
maintained in safe operating condition in compliance with the
Building Code, Plumbing Code and all other applicable laws
(2) All water heating appliances shall be provided with a
temperature and pressure relief valve with an appropriate
drain line to the outside necessary for the diversion of hot
water under pressure or steam to a safe location as required
by the Plumbing Code
(3) All gas-fired water heating appliances shall be vented as
required by the Plumbing Code
(4) Gas-fired water heaters shall not be located in bathrooms or
sleeping rooms.
(5) Every room containing a boiler, central heating plant or hot-
water supply boiler in a multi-family dwelling shall be
separated from the rest of building by not less than one-hour
fire-resistive occupancy separation, except that a separation
shall not be required for such rooms with equipment serving
only one dwelling unit.
Page 23
(d) Appliances.
All appliances supplied to leased dwelling units by the owner,
including but not limited to heating units, air conditioning units, cook
stoves, refrigerators, dishwashers, garbage disposals, ventilation
hoods, washing machines, and clothes dryers, shall be maintained in
operative condition
Section 7-89. Plumbing Standards.
(a) Plumbing fixtures.
(1) All plumbing fixtures including, but not limited to, toilets,
lavatory sinks, urinals, bidets, bathtubs, showers, kitchen
sinks, mop sinks, water and sewer lines for clothes washing
machines and dishwashing machines, traps, drains, drain
lines, vent pipes, pipes or piping, supply lines, hardware,
appliances or equipment necessary to supply either natural
or liquefied petroleum gas, potable water, discharge sewage
or waste water, provide hot water or heat shall be maintained
in a safe and sanitary condition, and so as to function in the
manner for which they were designed.
(2) Such plumbing fixtures shall be maintained free of cross-
connections and conditions that permit backflow into the
potable water supply, as required by Article V, Division 3 of
the Fort Worth Environment Code
(3) Unvented waste lines are prohibited
(b) Natural gas supplLr.
Supply pipes, lines or equipment that carry natural gas or liquified
petroleum gas shall be maintained in a leak free condition Such
pipes, lines, and equipment shall be pressure tested in accordance
with the Plumbing Code any time a significant fire or structural
collapse occurs within a structure where same are located, when a
gas leak is detected, or when a gas supply pipe or line is opened
ahead of a gas supply shut-off valve
(c) Kitchen sinks, lavatory sinks, toilets:, showers, and bathtubs.
(1) Each dwelling unit shall be provided with
A. a kitchen equipped with a kitchen sink; and
Page 24
B a minimum of one bathroom equipped with a toilet, a
lavatory sink, and either a bathtub or shower
(2) In all buildings, each kitchen sink, lavatory sink, mop sink,
bathtub, shower, toilet, urinal, bidet, dishwasher, clothes
washing machine, and water heater shall be connected to an
approved potable water supply system
(3) In all buildings, each kitchen sink, lavatory sink, bathtub,
shower, bidet, and mop sink shall be equipped with hot and
cold potable water under pressure necessary for their normal
operation Toilets and urinals shall be equipped with cold
potable water under pressure necessary for their normal
operation
(4) A room in which a toilet or urinal is located shall be
separated from food preparation or storage rooms by a solid,
close-fitting door A solid, close fitting door is one which is
designed and fitted to conform to the contours of its frame
and is free of breaches or holes
(5) Each kitchen sink, mop sink, lavatory sink, toilet, urinal, bidet,
bathtub, shower, dishwasher, and clothes washing machine
shall be connected to an approved municipal sanitary sewer
system or to an approved private sewage disposal system
capable of performing the functions for which it was
designed Such fixtures shall be properly vented to prevent
the invasion of sewer gas into a building and to facilitate
drainage of wastewater
(6} All plumbing fixtures shall be installed and maintained in a
safe and sanitary condition The flow of sewage or water
from openings or breaches in water supply lines or sewage
disposal lines shall be stopped, and repair performed as
necessary to eliminate sanitary hazards.
(7) All sewer clean-out openings shall be capped with tight fitting
plugs except when the sewer lines are being serviced.
Section 7-90. Electrical Standards.
(a) All electrical wiring, switches, switching devices, fixtures, appliances,
outlets, lighting outlets, junction boxes, circuits, conduit, panels,
panel covers and panel boards shall be of an approved type and
Page 25
shall be installed and maintained in a safe manner in accordance
with the Electrical Code of the City of Fort Worth
(b) Electrical circuits and outlets sufficient to carry safely a load
imposed by normal use of appliances, equipment and fixtures shall
be provided and maintained in proper working order
(c) All wiring shall terminate in approved enclosures, including but not
limited to switches, switching devices, fixtures, receptacle outlets,
lighting outlets, junction boxes and panel boards
(d) In each dwelling unit, each habitable room shall be provided with a
minimum of two (2) duplex receptacle outlets installed at opposing
sites.
(e) In each unit, each habitable room, bathroom, shower room, ha{Iway,
and stairway shall be equipped with at least one electric light fixture
or outlet controlled by a wall switch
(f) Electric light fixtures located adjacent to exterior doors of all
buildings shall be maintained in safe and operative condition
(g) When used in dwelling units, flexible cords, such as extension
cords, shall not exceed six (6) feet in length when measured from
end to end. Appliance cords shall not exceed six (6) feet in length
when measured from end to end. The combined length of an
appliance cord and a flexible cord shall not exceed six (6) feet in
length
(h) In dwelling units, existing electrical outlets in bathrooms and existing
counter top electric receptacles within six feet of a kitchen sink, that
require replacement due to defect or damage, shall be replaced
with electric receptacles with ground fault circuit interrupter
protection All electrical outlets with ground fault circuit interrupter
protection shall be maintained in proper working order
Section 7-9i. Fire Protection Standards.
(a) All buildings or portions thereof shall be provided with the degree of
fire-resistive construction as required by the Building Code for the
appropriate occupancy, type of construction, and location on
property They shall be provided with the appropriate fire-
extinguishing. systems or equipment required by the Building Code
and Fire Code All required fire protection and fire alarm systems
Page 26
shall be certified at least annually by an appropriately licensed
contractor
(b) A minimum clearance of thirty-six (36) inches shall be maintained in
a circumference around all fire hydrants, and no obstructions shall
be permitted to be installed or located within said clearance area.
(c) Buildings shall be marked with contrasting property address
numbers visible from the street in accordance with the Fire Code
For dwelling buildings containing more than one dwelling unit, each
dwelling unit shall be individually marked with unit identification
numbers at the entrance to the unit.
(d) Fireplaces.
(1) Fireplaces, chimney flues, screens and vent
attachments shall be maintained in good condition
and clearied as necessary
(2) A landlord of amulti-family dwelling complex shall
maintain records documenting annual inspections by
maintenance personnel.
A. Such records shall include a notification that chimney
flues are reasonably clean and dampers or vent
attachments are functioning in a safe manner
B The inspection records shall be maintained at the
business office of the complex for a minimum of three
(3) years and shall be made available to the
Superintendent upon request.
(e) Fire lanes.
(1) Fire lanes shall be maintained in good condition with clearly
visible markings.
(2) Fire lanes shall be marked by a four (4) inch red line with "No
Parking -Fire Lane" stenciled with white paint every twenty-
five (25) feet.
(3) Fire lanes shall be signed with approved traffic signs twelve
(12) inches wide and eighteen (18) inches tall which state,
"No Parking -Fire Lane." These shall each be accompanied
by a sign stating "Tow-Away Zone," produced on a white
background with red lettering. Signs shall be mounted .so
Page 27
that the bottom of the sign is six (6) feet six (6) inches from
the grade
(4) Fire lanes shall be kept clear of obstructions such as motor
vehicles, solid waste collection bins, equipment or other
similar items
(f) Gasoline and gas-fueled vehicles and equipment.
Gasoline and gas-fueled vehicles, motorcycles, mopeds and any
gas-fueled equipment shall be parked only in approved parking
areas. Such vehic{es and equipment shall not be parked, stored, or
repaired in any dwelling unit, office, exitway, sidewalk or under
stairways.
(g) Smoke detectors.
(1) Dwelling units shall be provided with smoke detectors
maintained in operable condition Detectors shall be
installed in accordance with the approved manufacturer's
instructions and the Building Code in effect at the time of
construction All dwellings, regardless of when constructed,
shall have smoke detectors installed in compliance with the
minimum standards set forth in subsections (2) and (3)
below
(2) In dwelling units, other than multi-family efficiency dwelling
units, smoke detectors shall be mounted on the ceiling or
wall at a point centrally located in the corridor or area giving
access to each separate sleeping area.
A. If the dwelling unit has more than one story a smoke
detector shall be installed on each story
B If the dwelling unit has a basement a smoke detector
shall also be installed in the basement.
C {n dwelling units where a story or basement is split
into two or more levels, the smoke detector shall be
installed on the upper level, except that when the
lower contains a sleeping area, a detector shall be
installed on each level When sleeping rooms are on
an upper level, the detector shall be placed at the
ceiling of the upper level in close proximity to the
stairway
Page 28
D In dwelling units where the ceiling height of a room
open to the hallway serving the bedrooms exceeds
that of the hallway by twenty-four (24) inches or more,
smoke detectors shall be installed in the hallway and
in the adjacent room
E. Detectors shall sound an alarm audible in all sleeping
areas of the dwelling unit in which they are located
(3) In mufti-family efficiency dwelling units smoke detectors shall
be located on the ceiling or wall of the main room When
sleeping areas within an efficiency dwelling unit are on an
upper level, the detector shall be placed at the ceiling of the
upper level in close proximity to the stairway When
actuated, .the detector shall sound an alarm audible within
the sleeping area of the efficiency dwelling unit in which it is
located.
Section 7-92. Standards for Provision of Utilities to Dwelling
Units by a Landlord.
(a) This section applies to utilities provided by a landlord to a residential
tenancy
(b) Except as provided by subsection (c) below, a landlord shall not
interrupt o.r cause the interruption of electric, gas, water, and
sewage utility service paid directly to a utility company by a tenant,
or furnished to a tenant by the landlord, unless the interruption
results from bona fide repairs, construction, or an emergency The
phrase "cause the interruption of" includes the cutoff of a utility by a
utility company due to the landlord's nonpayment of the utility bill.
(c) A landlord may interrupt or cause the interruption of electrical
service furnished to a tenant by the landlord if•
(1) the electrical service furnished to the tenant is not individually
metered or submetered for the dwelling unit;
(2) the electrical service connection with the utility company is in
the name of the landlord or the landlord's agent;
(3) the tenant is at least seven (7) days late in paying the rent;
Page 29
(4) the landlord has mailed or hand-delivered to the tenant at
least five (5) days before the date the electrical service is
interrupted a written notice that states.
A. the earliest date of the proposed termination of
electrical service,
B the amount of rent the tenant must pay to avert the
interruption, and
C the name and location of the individual to whom or the
location of the on-site management office where the
delinquent rent may be paid during the landlord's
normal business hours,
(5) the interruption does not begin before or after the landlord's
normal business hours, and
(6) the interruption does not begin on a day, or on a day
immediately preceding a day, when the landlord or other
designated individual is not available or the on-site
management office is not open to accept rent and restore
electrical service
Section 7-93. Sanitation Standards.
(a) Infestations.
The owner or landlord of a dwelling shall eliminate infestations of
vectors and other pests.
(b) Screens.
(1) On every dwelling unit not provided with a thermostatically
controlled central heating and air conditioning system, all
exterior openings capable of being used for ventilation shall
be securely screened with 16/18 mesh insect wire to prevent
the entrance of vectors and other pests
(2) A landlord who furnishes commercial waste containers at a
multi-family dwelling complex, for City or private collection
services, shall maintain such containers in good mechanical
condition and shall repair such containers when necessary
Except while being cleaned, the drain plugs of such
containers shall be secured in the drain holes to prevent
leaking
J
Page 30
(3) A landlord who furnishes commercial waste containers at a
multi-family dwelling complex, for City or private collection
services, shall cause such containers to be emptied a
minimum of once every seven (7) days The Directors of the
Departments of City Services, Health, and Environmental
Management, and their authorized representatives, may
when necessary to safeguard the environment or the public
health, safety, or welfare, order a landlord
(c)
(d)
(e)
(f)
(g)
(2) This requirement shall not apply to exterior doors. All other
exterior openings that could allow the entry of vectors and
other pests shall be securely screened, closed, or sealed
Public toilet and shower facilities.
Toilet and shower facilities provided for public use in retail stores,
places of public assembly, and common areas of amulti-family
dwelling complex shall be maintained in a sanitary and operative
condition
Swimming pools, spas, ponds, and fountains.
Water in swimming pools, spas, ponds, fountains, and other
containers shall be maintained so as to prevent the breeding or
harborage of insects, and shall not emit odors that are foul and
offensive to a person of reasonable sensibilities.
Sewage overflow.
All areas contaminated by sewage overflow shall be sanitized
immediately after servicing is completed.
Vacant dwellings.
The interiors of all vacant dwelling units shall be maintained free of
solid waste The owner or landlord of a vacant dwelling unit shall
not use it for the storage of swimming pool chemicals, cleaning
chemicals, pesticides, herbicides, rodenticides, fertilizers, paints,
solvents, gasoline, gasoline-powered equipment, or combustible
materials of any kind.
Public areas.
The premises of any building shall be maintained free of weeds or
grass in excess of 12 inches and accumulations of solid waste
Page 31
(h) Solid waste collection in multi-family dwelling complexes
(1) A landlord shall make certain that solid waste is collected
from amulti-family dwelling complex a minimum of once
each week. The use of City solid waste collection service is
optional for multi-family dwelling complexes The collection
and storage for collection of solid waste at amulti-family
dwelling complex shall conform to the requirements of Article
VIII of the Environment Code of the City of Fort Worth
A. to empty the containers more often than weekly;
B to increase the number of commercial waste
containers on their premises, and
C to increase the size of the commercial waste
containers used on the premises.
(4) A landlord who furnishes commercial waste containers at a
multi-family dwelling complex shall have such containers
emptied as often as necessary to prevent their contents from
overflowing or causing offensive odors, and shall be
responsible for cleaning the interior surfaces of such
containers as often as necessary to keep the surfaces free of
garbage and other organic material
(5) A landlord who fumishes commercial waste containers, shall
have the containers placed on the premises of the multi-family
dwelling complex in a position where the doors and lids will
not be obstructed when being opened or closed, and where
the containers may be freely serviced or emptied
Commercial waste containers shall not be placed on or over
any public rights-of-way, alleys, streets, parkways, or off the
premises of the complex.
(6) Each person who uses commercial waste containers at a
multi-family dwelling complex for the disposal of putrescible
waste, and each landlord of a complex where such containers
are located, shall keep all lids and doors of the containers
securely closed at all times;, except when being emptied or
filled All garbage and rubbish shall be placed in plastic bags
which have been tied or otherwise secured, prior to being
placed in such containers
Page 32
Section 7-94. Miscellaneous Standards.
(a) Storage•
(1) Storage of any articles is prohibited under the exit stairways
of any building. This prohibition shall not apply to enclosed
storage areas located under stairways which were built and
which are maintained in accordance with the Building Code
and the Fire Code
(2) In residential dwellings, outside storage of appliances,
household furnishings, construction materials, automotive
parts, junk or similar materials is prohibited. This prohibition
shall not apply to the storage or display of barbecue grills,
patio furniture or recreational equipment designed for exterior
use, or to construction materials on the premises for an
active, in-progress construction project.
(b) Playground equipment atmulti-family dwelling complexes.
(1) An owner or landlord of amulti-family dwelling complex shall
maintain records of annual inspections by maintenance
personnel that document that playground equipment, where
provided, is maintained in good condition as follows
A. free from protruding nails and screws, sharp edges,
rusted metal, and splintered wood, metal or plastic;
B capable of resisting all forces and loads for which they
were designed and constructed, and
C with all structural elements intact, proportioned, and
securely fastened and anchored to prevent collapse
hazards.
(2) Records required by .this subsection shall be maintained in
the business office of the complex for a period of not less
than three (3) years, and shall be made available to the
Housing Official upon request.
(c) Dead trees and limbs.
Dead trees and tree limbs which are reasonably capable of causing
injury to persons or damage to property shall be removed from
premises within seven (7) days after
Page 33
(1) being discovered by the owner or landlord or the owner or
landlord's maintenance personnel; or
(2) the owner or landlord is notified of their existence
(d) Special hazards.
(1) When any building or structure is significantly damaged by
fire, flood, wind, or other natural or man-made calamity, the
owner or landlord shall remove from the premises all refuse,
debris, and charred and partially burned lumber and other
material
(2) If a building or structure is damaged to such an extent that it
is not capable of being repaired, the owner or landlord shall
remove from the premises all of the remaining portion of the
building or structure
Section 7-95. Security devices.
Security devices A landlord of a leased dwelling unit shall equip the unit
with security devices at the landlord's expense as follows
(a) If a tenant is in possession of a dwelling unit, the landlord .shall
equip the unit with
(1) a window latch on each exterior window of the dwelling unit;
(2) a doorknob lock or keyed dead bolt on each exterior door;
(3) a sliding door pin lock on each exterior sliding glass door of
the dwelling;
(4) a sliding door handle. latch or a sliding door security bar on
each exterior sliding glass door of the dwelling; and
(5) a keyless bolting device and a door viewer on each exterior
door of the dwelling.
(b) If a tenant is in possession of a dwelling unit with French doors, one
door of each pair of French doors shall meet the requirements of
subsection (a) and the other door shall have
(1) a keyed dead bolt or keyless bolting device capable of
insertion into the doorjamb above the door and a keyless
Page 34
bolting device capable of insertion into the floor or threshold,
each with a bolt having a throw of one inch or more, or
(2) a bolt installed inside the door and operated from the edge of
the door, capable of insertion into the doorjamb above the
door, and another bolt installed inside the door and operated
from the edge of the door capable of insertion into the floor
or threshold, each bolt having a throw of three-fourths inch or
more.
(c) A landlord is exempt from installing a keyless bolting device on an
exterior door of a dwelling unit if a tenant or occupant in the
dwelling is over 55 years of age or has a physical or mental
disability, the tenant requests, in writing, that the landlord deactivate
or not install the keyless bolting device, and the tenant certifies in
the request that the tenant or occupant is over 55 years of age or
has a physical or mental disability A landlord is not exempt as
provided by this subsection if the landlord knows that the
requirements of this subsection have not been met.
(d) A landlord is exempt from installing a keyed dead bolt or a doorknob
lock on an exterior door if at the time the tenant agrees to lease the
dwelling•
(1) at least one exterior door usable for normal entry into the
dwelling has both a keyed' dead bolt and a keyless bolting
device installed in accordance with the height, strike plate,
and throw requirements of subsection (f), and
(2) all other exterior doors have a keyless bolting device installed
in accordance with the height, strike plate, and throw
requirements of subsection (f)
(e) A security device required by this section shall be maintained in an
operable condition while a tenant is in possession of a dwelling unit.
However, a Landlord may deactivate or remove the locking
mechanism of a doorknob lock or remove any device not qualifying
as a keyless bolting device if a keyed dead bolt has been installed
on the same door
(f) Height, strike plate, and throw requirements
(1) A keyed dead bolt or a keyless bolting device required by this
subsection shall be installed at a height:
Page 35
A. not lower than thirty-six inches (36") from the floor;
and
B not higher than fifty-four inches (54") from the floor if
installed prior to September 1, 1993, and not higher
than forty-eight inches (48") from the floor if installed
on or after September 1, 1993
(2) A keyed dead bolt or a keyless bolting device shall
A. have a strike plate screwed into the portion of the
doorjamb surface that faces the edge of the door
when the door is closed, or
B be installed in a door with a metal doorjamb that
serves as the strike plate
(3) A keyed dead bolt or keyless dead bolt installed in a dwelling
unit on or after September 1, 1993, shall have a bolt with a
throw of not less than one inch
(4) The requirements of this subsection do not apply to a keyed
dead bolt or a keyless bolting device in one door of a pair of
French doors that is installed in accordance with the
requirements of subsection (b)
(g) A sliding door pin lock or sliding door security bar shall be installed
at a height not higher than fifty-four inches (54") from the floor if
installed prior to September 1, 1993, and not higher than forty-eight
inches (48") from the floor if installed on or after September 1, 1993
(h) All security devices shall be operable from inside a dwelling unit
without the use of a key, tool, or special knowledge or effort, and
shall comply with all applicable provisions of the Building and Fire
Codes.
Section 7-96. Tenant Responsibilities.
(a) A person who is a tenant of a dwelling unit shall
(1) not disable the smoke detectors in the dwelling unit and shall
maintain the smoke detectors in an operative condition,
(2} not maintain or use any incinerator or barbecue pit in a
manner that would cause a fire hazard, and shall not burn any
Page 36
combustible material in a manner that would endanger the life
or property of any person thereby
(3) not use portable barbecues or cooking appliances within ten
(10) feet of a building or on balconies, walkways or landings,
(4) maintain the interior and exterior portions of the person's
dwelling unit free from accumulations of solid waste and other
conditions conducive to the infestation of vectors and other
pests,
(5) connect plumbing fixtures and heating equipment that the
tenant supplies in accordance with all applicable ordinances,
(6) not alter a structure or its facilities so as to create a
nonconformity with this Article,
(7) provide for the extermination of insects and rodents within the
interior of the dwelling unit if the landlord can show that the
landlord had the dwelling unit treated to eliminate insects and
rodents within the preceding thirty (30) days.
(8) securely bag all household garbage or loose trash and refuse
in fly-tight containers before depositing same inside a
commercial solid waste container or placing it for collection,
(9) securely close the door or lid to a commercial solid waste
container after depositing solid waste therein,
(10) not place or stack articles for disposal. adjacent to, around or
near a commercial solid waste container; and
(1 i) not use flexible cords, such as extension cords, that exceed
six feet in length when measured from end to end, or
appliance cords that exceed six feet in length when measured
from end to end The combined length of an appliance cord
and a flexible cord shall not exceed six feet in length
(b) A person who is a tenant of a dwelling unit commits an offense if the
person knowingly violates this section
Page 37
DIVISION 4 ADMINISTRATIVE AND CIVIL REMEDIES
Section 7-97. Notice of Violation.
(a) When the Superintendent finds that any person has violated, or
continues to violate, this Article, the Superintendent may issue to
such person a written Notice of Violation
(b) No later than the tenth day after receipt of the notice, the person
shall submit to the Superintendent an explanation of the violation
and a plan for its satisfactory correction. The plan shall include
specific actions to be taken by the person.
(c) If the person denies that any violation is occurring, or. contends that
no corrective action is necessary, the person shall submit to the
Superintendent no later than the tenth (10'h)day after receipt of the
notice, a written explanation of the basis of any such denial or
contention
(d) Submission of an explanation and/or plan in no way relieves the
person of liability for any violations occurring before or after receipt of
the Notice of Violation
(e) Issuance of a Notice of Violation shall not be a bar against, nor a
prerequisite for, taking any other action against the person.
Section 7-98. Compliance Agreement.
(a) The Superintendent may enter into a compliance agreement with
any owner, lienholder, or mortgagee of property that is not in
compliance with this Article
(b) The agreement may include specific corrective action to be taken by
the owner, lieholder, or mortgagee to correct the noncompliance
within a time period specified by the agreement.
(c) A compliance agreement shall not be a bar against nor a
prerequisite for taking any other action against the owner of property
Section 7-99. Report to City Council of Intent to Take Structure
to the Building Standards Commission.
(a) Before the Superintendent schedules a hearing on a structure
pursuant to Section 7-102, to have the structure declared to be
Page 38
substandard and ordered repaired, removed, or demolished, the
Superintendent shall give a report of his or her intent to do so to the
City Council.
(b) The report shall be made to the City Council no sooner than thirty
(30) days prior to the date for the hearing before the Commission
(c) The report shall list each structure by street address or by legal
description, and should include the City Council district in which it is
located, the names of all owners of record, and a summary of all
previous enforcement action and attempts to bring the structure into
compliance
Section 7-100. Proceedings Before the Commission.
(a) All cases to be heard by the Commission shall be heard by a
quorum of not less than five (5) members. No decision by the
Commission shall be deemed rendered unless concurred in by a
majority of those members in attendance, but by no less than a
minimum of four (4) members.
(b) The Commission shall select a chairperson who shall act as
presiding officer during the hearing of all cases
(c) All owners, mortgagees, and lienholders of the property shall be
given an opportunity to comment at the hearing In a hearing to
determine whether a building is substandard, the owner, mortgagee,
or lienholder of the building has the burden of proof to demonstrate
the scope of work that may be required to bring the building into
compliance with this Article and the time it will reasonably take to
perform the work.
(c) The Commission shall establish rules of procedure for the conduct
of hearings, but such rules shall be consistent with this Article and
applicable state law
(d) Meetings of the Commission shall be held at the call of the
Superintendent and at other times as determined by the
Commission All meetings of the Commission shall be open to the
public. The Chairperson, or in the Chairperson's absence the acting
chairperson, may administer oaths and compel the attendance of
witnesses.
(e) The Superintendent shall act as Secretary for the Commission, and
shall prepare and be custodian of minutes of all Commission
proceedings showing the vote of each member on each question or
Page 39
the fact that a member is absent or fails to vote The Secretary
shall keep records of the Commission's examinations and other
official duties.
(f) The Superintendent is hereby designated as the appropriate
municipal official to present all cases before the Commission
Section 7-101. Notice of Proceedings.
(a) The Superintendent shall give notice of all proceedings before the
Commission
(1) by certified mail, return receipt requested, to
A. the record owners of the affected property as shown
by the records in the office of the county clerk of the
county in which the affected property is located, and
B each holder of a recorded lien against the affected
property, as shown by the records in the office of the
county clerk of the county in which the affected
property is located, if the address of the lienholder can
be ascertained from such records, and
(2) to all other persons by posting a copy of the notice on the
front door of each improvement situated on the affected
property or as close to the front door as practicable
(b) The notice shall be mailed and posted on or before the 10th day
before the date of the hearing before the Commission Additionally,
the notice shall be published in the official newspaper of the City on
one occasion on or before the 10th day before the date fixed for the
hearing.
(c) The notice shall state the date, time, and place of the hearing, and
shall include a statement that the owner, lienholder, or mortgagee
shall be required to submit at the hearing proof of the scope of any
work that may be required to comply with this Article and the time it
will take to reasonably perform the work.
(d} The Commission may file a notice of a proceeding that is before it in
the ®fficial Public Records of Real Property in the county in which
the affected properly is located
Page 40
(1) The notice shall contain the name and address of the owner
of the affected property if that information can be determined
from a reasonable search of the instruments on file in the
office of the county clerk, a legal description of the property,
and a description of the proceeding.
(2) The filing of the notice is binding on subsequent -grantees,
lienholders, or other transferees of an interest in the property
who acquire such interest after the filing of the notice and
constitutes notice of the proceeding on any subsequent
recipient of any interest in the property who acquires such
interest after the filing of the notice
Section 7-102. Hearing Before the Commission.
(a) The Commission may, after notice and hearing, declare a building
to be substandard, and may specify, in its written order
(1) a reasonable time, in compliance with this section, for the
building to be vacated, secured, repaired, or demolished by
the owner; and
(2) may specify a reasonable time for the owner to relocate the
occupants and an additional reasonable time for any of the
mortgagees or lienholders to take the ordered action in the
event that the owner fails to comply with the order within the
time provided for action by the owner
(b) In the event that the owner fails to comply timely with the order of
the Commission, the only notice the City needs to furnish to a
mortgagee or lienholder of the failure is a copy of the order
(c) The Commission shall order the owners, lienholders, or mortgagees
of the building to within 30 days:
(1) secure the building from unauthorized entry; or
(2) repair, remove, or demolish the building, unless the owner,
mortgagee, or lienholder establishes at the hearing, by a
preponderance of the evidence, that the work cannot
reasonably be performed within 30 days
(d} If the Commission allows the owner, mortgagee, or lienholder more
than 30 days to repair, remove, or demolish the building, the
Commission shall establish specific time schedules for the
Page 41
commencement and performance of the work and shall require the
owner, lienholder, or mortgagee to secure the property in a
reasonable manner from unauthorized entry while the work is being
performed
(e) ~ The Commission shall not allow the owner, lienholder, or mortgagee
more than 90 days to repair, remove, or demolish the building or
fully perform all work required to comply fully with the order of the
Commission, unless the owner, lienholder, or mortgagee
(1) submits a detailed plan and time schedule for the work at the
hearing; and
(2) establishes at the hearing that the work cannot reasonably
be completed within 90 days because of the scope and
complexity of the work.
(f) if the Commission allows the owner, lienholder, or mortgagee more
than 90 days to complete any part of the work required to repair,
remove, or demolish the building, the municipality shall require the
owner, lienholder, or mortgagee to regularly submit progress reports
to the municipality to demonstrate that the owner, lienholder, or
mortgagee has complied 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
(g) The order shall be reduced to writing and signed by the chairperson
of the Commission
(h) Within ten (10) 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
Page 42
D instructions stating where a complete copy of the
order may be obtained; and
(3) File a copy of the notice published pursuant to (h)(2) above
in the Official Public Records of Real Property for the county
in which the affected property is located.
(i) After the hearing, the Superintendent. shall promptly mail by certified
mail, return receipt requested, a copy of the order to the owner of
the building, and to any lienholder and mortgagee of the building.
(k) A hearing before the Commission shall not be a bar against, or a
prerequisite for, taking any other action against a violator
Section 7-103. Civil Penalty.
(a) After the time to comply with an order of the Commission issued
pursuant to Section 7-102 has lapsed, the Commission may hold a
hearing on violations of the order and may assess a civil penalty
against the property owner, in an amount not to exceed $1,000 per
day per violation, or, if the owner shows that the property is the
owner's lawful homestead, in an amount not to exceed $10 per day
per violation, if at the hearing the City proves.
(1) the property owner was notified of the requirements of this
Article and the owner's need to comply with the requirements,
and was notified of the Commission's order; and
(2) after notification, the property owner committed an act in
violation of this Article or failed to take an action necessary to
bring the building into compliance with this Article and the
order of the Commission
(b) A determination made by the Commission under subsection (a)
constitutes prima facie evidence of the penalty in any court of
competent jurisdiction in a civil suit brought by the City for final
judgment in accordance with the established penalty
(c) To enforce the civil penalty, the City Secretary shall file with the
Warrant County District Cierk a certified copy of the order of the
Commission, or of the City Council if the ruling is appealed,
establishing the amount and duration of the civil penalty
(d) 9Vo other proof shall be required for a district court to enter final
judgment on the penalty
Page 43
Section 7-104. Work Performed by City.
(a) If the Commission's order to vacate, secure, repair, remove, or
demolish the building is not complied with within the allotted time, the
Superintendent may vacate, secure, remove, or demolish the
building, or relocate the occupants of the building, at the City's
expense
(b) The Superintendent may repair the building only to the extent
necessary to bring the building into compliance with the minimum
standards of this Article, and only if the building is a residential
building with ten (10) or fewer dwelling units. The repairs shall not
improve the building to the extent that the building. exceeds minimum
housing standards
(c) After securing a building as provided in subsection (a), the
Superintendent may post a vacate notice on or near the front door of
the building. The notice to vacate must be in substantially the
following form
SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice
CODE COMPLIANCE SUPERINTENDENT
CITY OF FORT WORTH
Section 7-105. Assessment of Lien.
(a) If the City incurs expenses under Section 7-104 the City may assess
the expense on, and the City has a lien against, the property on
which the building was located.
(b) If the Commission assesses a civil penalty under Section 7-103, the
City has a lien against the property on which the building was located
to secure payment of any civil penalty
(c) Alien may not be made on property protected as a homestead
under the Texas Constitution
(d) The lien arises and attaches to the property at the time the notice of
the lien is recorded and indexed in the office of the county clerk in
. the county in which the property is located
Page 44
(e) The notice of the lien shall contain the name and address of the
owner if that information can be determined with a reasonable effort,
a legal description of the real property on which the building was
located, the amount of expenses incurred by the municipality, and
the balance due.
(f) Except as provided by subsection (g), the City's lien to secure
payment of a civil penalty or the costs of repairs, removal, or
demolition, is inferior to any previously recorded bona fide mortgage
lien attached to the real property, if the mortgage lien was filed for
record in the office of the county clerk of the county in which the real
property is located before the civil penalty is assessed or the repair,
removal, or demolition is begun by the City The City's lien is
superior to all previously recorded judgment liens.
(g) If notice is given and the opportunity to relocate the occupants of the
building or to repair, remove, or demolish the building is afforded to
each mortgagee and lienholder, the lien is a privileged lien
subordinate only to tax liens
(h) Any civil penalty or expenses assessed by the City under this Article
shall accrue interest at the rate of ten (10) percent per annum from
the date of the assessment until paid in full. The lien is extinguished
if the property owner or another person having an interest in the legal
title to the property reimburses the City for the expenses and the civil
penalty
Section 7-106. Additional Authority to Secure Substandard
Building.
(a) Without a prior hearing before the Commission, the Superintendent
may secure a building the Superintendent determines
(1) is substandard; and
(2) is unoccupied or is occupied only by persons who do not have
a right of possession to the building.
(b) After securing a building as provided in subsection (a),
Superintendent may post a vacate notice on or near the front door of
the building. The notice to vacate must be in substantially the
following form
Page 45
SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice
CODE COMPLIANCE SUPERINTENDENT
CITY OF FORT WORTH
(c) Before the 11th day after the date the building is secured, the
Superintendent must give notice to the owner by'
(1) personally serving the owner with written notice,
(2) depositing the notice in the United States mail addressed to
the owner at the owner's post office address,
(3) publishing the notice at least twice within aten-day period in
the official newspaper of the City if personal service cannot be
obtained and the owner's post office address is unknown., or
(4) posting the notice on or near the front door of the building if
personal service cannot be obtained and the owner's post
office address is unknown
(d) The notice must contain
(1) an identification, which is not required to be a legal
description, of the building and the property on which it is
located;
(2) a description of the violation of the standards established by
this Article,
(3) a statement that the Superintendent has secured the building,
and
(4) an explanation of the owner's entitlement to request a hearing
about any matter relating to the Superintendent's securing of
the building.
(e) The Commission shall conduct a hearing at which the owner may
testify or present witnesses or written information about any matter
relating to the Superintendent's securing of the building, if within
thirty (30) days after the date the Superintendent secures the
building, the owner files a written request for a hearing with the
Page 46
Superintendent. The Commission shall conduct the hearing within
twenty (20) days after the date the owner files a request for hearing
(f) The Commission will conduct the hearing in the manner provided for
by this Division The issues to be determined in such hearing are
(1) whether the building was substandard at the time it was
secured,
(2) whether the building, at the time it was secured, was
unoccupied or was occupied only by persons who did not
have a right to possession of the building, and
(3) whether the expenses incurred by the City to secure the
building were reasonable
(g) The City may assess expenses for securing a building in the manner
provided for in Section 7-105 above Alien is created under this
section in the same manner as a lien is created in Section 7-105,
and is subject to the same conditions as a lien created under that
section
Section 7-107. City Council Review.
(a) Any owner, lienholder, or mortgagee of record of property jointly or
severally aggrieved by an order of the Commission issued under this
Article may file a written petition with the City Council to review the
order of the Commission The petition shall specify
(1) that the order of the Commission is unreasonable, either in
whole or in part; and
(2) the grounds for the appeal.
(b) The petition must be filed by an owner, lienholder, or mortgagee
within ten (10) calendar days after the respective dates a copy of the
Commission's order is mailed to them by first class, certified mail,
return receipt requested. The appeal shall be filed with the City
Secretary
(c) An order of the Commission that is not appealed to the City Council
shall become final after the expiration of the ten-day calendar period
(d) The City Council shall hold a public hearing to review the order of the
Commission no earlier than the tenth day after the petition is filed
and no later than the thirtieth day after the petition is filed The
Page 47
Superintendent shall give the petitioner a minimum of three (3) days'
notice of the date, time, and place of the City Council hearing
Notice shall be in writing and sent certified mail, return receipt
requested. The petitioner and the Superintendent may both present
arguments and evidence to the City Council during the hearing, but
evidence that was not presented to the Commission shall not be
admitted The City Council's review shall be limited to the following
issues
(1) Is the Commission's determination that the structure is
substandard warranted by the evidence presented to the
Commission?
(2) Can the petitioner reasonably complete the work required
within the time granted by the Commission?
(3) Is the amount of civil penalty assessed by the Commission
unreasonable?
(e) The City Council may reverse, modify, or sustain the order of the
Commission, and shall issue its decision in a written order The City
Council shall be held to the same restrictions as the Commission, as
specified in Section 7-102 of this Article
(f) After the hearing, the Superintendent shall promptly mail by certified
mail, return receipt requested, a copy of the City Council's order to
the owner of the building, and to any lienholder and mortgagee of the
building
(g) A hearing before the City Council shall exhaust the administrative
remedies of a property owner, mortgagee, or lienholder under this
Article
Section 7-108. Judicial Review.
(a) Any owner, lienholder, or mortgagee or record of property jointly or
severally aggrieved by an order of the City Council issued under this
Article, may file a verified petition in a Tarrant County civil district
court:
(1) setting forth that the City Council's decision is illegal, either in
whole or in part; and
(2) specifying the grounds of the illegality
(b) The petition must be filed by an owner, lienholder, or mortgagee
within thirty (30) calendar days after the respective dates. a copy of
Page 48
the City Council's order is mailed to them by first class, certified mail,
return receipt requested
(c) The order of the City Council becomes final as to the owners,
lienholders, and mortgagees upon the expiration of the thirty (30)
calendar day period
(d) Upon the filing of the petition, the court may issue a writ of certiorari
directed to the City to review the City Council's order, and shall
prescribe in the writ the time within which the City must make a
return on the writ. Such time period must be greater than ten (10)
days and must be served on the Superintendent_or on the City
Attorney
(e) The City shall not be required to return the originals of papers called
for in the writ, and it shall be sufficient for the City to return certified
or sworn copies of such papers or parts thereof
(f) In the return the City shall set forth other facts that may be pertinent
and material to show the grounds of the City Council's order The
return must be verified
(g) The issuance of the writ does not stay the order
(h) The appeal in the district court shall be limited to a hearing under the
substantial evidence rule The court may reverse or affirm, in whole
or in part, or may .modify the Commission's order
(i) If the Commission's order is affirmed or not substantially reversed
but only modified, the district court shall allow the City all attorney's
fees and other costs and expenses incurred by the City, and shall
enter a judgment for those items, which may be entered against the
property owners, lienholders, or mortgagees, as well as all persons
subject to the Commission's order
Section 7-109. Preservation of Historic Properties.
(a) Prior to the issuance of notice for a hearing under Section 7-102 of
this Article, the Superintendent shall request a hearing before the
Landmarks Commission of the City of Fort Worth if the structure
which is the subject of the hearing is.
(1) designated or pending designation as.
A. highly significant endangered,
Page 49
B historic and cultural landmark; or
C demolition delay; or
(2) located in an area designated or pending designation as an
historic and cultural landmarks district; and
(3) not asingle-family dwelling occupied by the owner
(b) The Landmarks Commission shall review the structure to determine
whether it can be rehabilitated, and shall submit a written report of its
findings and recommendations to the Superintendent.
(c) If the Commission determines. that the structure cannot be
rehabilitated, the Superintendent may proceed as provided in
Section 7-102 above, and the Building Standards Commission may
order its demolition
(d) If the Landmarks Commission determines that the structure can be
rehabilitated, the City may not permit the structure to be demolished
for at least ninety (90) days after the date the report is submitted to
the Superintendent. During this ninety (90) day period, the
Superintendent, working in conjunction with the City's historic
preservation officer, shall notify the structure's owner and attempt to
identify a feasible alternative use for the building or locate an
alternative purchaser to rehabilitate and maintain the structure
(e) If the City is not able to locate the owner or if the owner does not
respond within the ninety (90) day period, the Superintendent may
proceed as provided by Section 7-101 above, and the City may then
file suit pursuant to Section 214 003 of the Texas Local Government
Code for the appointment of a receiver A receiver may not be
appointed for a structure that is an owner-occupied single-family
residence or that is zoned nonresidential and used in a
nonresidential character
(f) The Superintendent may proceed as provided in Section 7-101
above, and the Building Standards Commission may order the
demolition of a structure, if after the expiration of the ninety (90) day
period the City is not able to
(1) identify a feasible alternative use for the structure,
(2) locate an alternative purchaser to rehabilitate and maintain
the building; or
Page 50
(3) appoint a receiver for the building as provided by Section
214 003 of the Texas Local Government Code
(g) An owner of a substandard structure is not liable for penalties related
to the structure that accrue during the ninety (90) day .period
provided for disposition of historic property under this section
Section 7-110. Quarterly Report to City Council of Structures on
the Demolition/Rehabilitation List.
(a) The Superintendent shall make quarterly reports to the City Council
of all structures on the City-Funded Demolition/Rehabilitation List.
The report shall list each structure by its street address, owners of
record,. City Council district, length. of time on the list,. and. its priority
on the list.
(b) The Superintendent shall list structures on the report as Priority One
Demolish, Priority One Rehabilitate, Priority Two Demolish, Priority
Two Rehabilitate, Priority Three Demolish, and Priority Three
Rehabilitate, and shall develop criteria for determining a structure's
placement in a category
(c) The City Council, by a majority vote, may remove a structure from
the list or may change its priority on the list.
Section 7-111. Appointment of a Receiver.
In accordance with Section 214 003 of the Texas Local Government
Code, the City may bring an action in district court against an owner
of residential property that is not in substantial compliance with the
minimum standards of this Article, seeking an order from the Court
appointing a receiver to take control of and restore the property
Section 7-112. Civil Action Without Commission Hearing.
(a) The City may bring suit for injunctive relief and civil penalties against
the owner of substandard property, or to compel the demolition or
repair of buildings, as provided for by Texas Local Government Code
Chapter 54, Subchapter B.
(b) Filing a suit for civil penalties, injunctive relief, or other remedies shall
not be a bar against, or a prerequisite for, taking any other action
against a violator
Page 51
Sections 7-113 through 7-120 reserved
DIVISION 5 CRIMINAL ENFORCEMENT
Section 7-121. Maintaining Substandard Building.
A person commits an offense if the person knowingly owns or is .in control
of a building that is substandard
Section 7-122. Failure to Secure Vacant Building.
A person commits an offense if the person owns or is in control of a
building, regardless.. of its condition, that is unoccupied by its owners,
lessees, or invitees and knowingly fails to
(a) secure such building from unauthorized entry; or
(b) keep such building secured from unauthorized entry
Section 7-123. Removing or Defacing Vacate Notice.
A person commits an offense if the person knowingly removes or defaces a
notice to vacate posted by the Superintendent without the permission of the
Superintendent.
Section 7-124. Penalty.
(a) 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
(b) An offense is so defined in this Article by the phrase "A person
commits an offense "
(c) The filing of criminal charges shall not be a bar against, or a
prerequisite for, taking any other action against a violator
Section 7-125. Criminal Citation.
°The Superintendent is authorized to issue citations for violations of this
Article.
Page 52
Sections 7-126 through 7-165 reserved.
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
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 this ordinance
shall be fined not more than two thousand Dollars ($2,000 00) for each offense Each
day that a violation is permitted to exist shall constitute a separate offense
Page 53
SECTION 5.
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 6
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 7
This ordinance shall be in full force and effect after its passage and publication as
required by law
AP OVED AS TO O M ND GALITY:
ITY ATJTORNEY
DATE: ~ Z ~~ l of
ADOPTED: ~f~~~ 9~
EFIFECTIVE:
Page 54
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
03/25/97 G-11833 21 MINI 1 of 1
SUBJECT AMENDMENT OF THE CODE OF THE CITY OF FORT WORTH, CHAPTER 7, ARTICLE
IV, MINIMUM BUILDING STANDARDS CODE
ti
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance revising Chapter 7, Article
IV, "Minimum Building Standards Code," of the Code of the City of Fort Worth
DISCUSSION
The proposed amendment to the Minimum Building Standards Code incorporates all maintenance
requirements for existing structures into one ordinance It establishes minimum standards for
the continued use and occupancy of all types of buildings within the City of Fort Worth,
regardless of their date of construction The ordinance provides for a Building Standards
Commission It provides for hearings to have buildings declared substandard and it provides for
civil and criminal remedies The revised ordinance will expedite and provide a more structured
process for the handling of substandard structures
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that this action will have no material effect on City
Funds
RG f
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Oftice by: (to)
APPROVED
Charles Boswell 8511 CITY C~UNC~
Originating Department Head:
~~ '
Tom Davis 6300 (from)
Qlrs,~„I ~i~stia~~
For Additional Information ~~ ~~~~ ~ ~~
GitB oI' F+~at X~etituD
Contact:
Tom Davis 6300
>~ Printed on Re~yded Paper Adopted Ordinance No,/~~~~~