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HomeMy WebLinkAboutOrdinance 13181s .~ ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS," BY THE AMENDMENT OF ARTICLE IX, "REGISTRATION AND INSPECTION OF MULTI-FAMILY DWELLING COMPLEXES," DIVISION 1, "GENERAL PROVISIONS," SECTION 7-394, "DEFINITIONS," BY REVISING, DELETING AND ADDING DEFINITIONS, BY THE AMENDMENT OF DIVISION 2, "REGISTRATION AND INSPECTION OF MULTI- FAMILY DWELLING COMPLEXES," BY THE AMENDMENT OF SECTION 7-402, "INSPECTION AND REGISTRATION FEES," PROVIDING A REGISTRATION FEE EXEMPTION FOR COLLEGES, UNIVERSITIES AND SEMINARIES; BY THE AMENDMENT OF SECTION 7-404, "LANDLORD/TENANT;" BY THE AMENDMENT OF DIVISION 3, "CRIME PREVENTION STANDARDS," SECTION 7-410, "CRIME PREVENTION STANDARDS," SUBSECTION (e)(4) TO INCLUDE FIRE LANE RESTRICTIONS;. PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $500 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. 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 IX, "Registration and Inspection ofMulti-Family Dwelling Complexes," so that hereafter said Article shall read as follows ARTICLE IX. REGISTRATION AND INSPECTION OF MULTI-FAMILY DWELLING COMPLEXES DRAFT NO 6 04/01/98 PAGE 1 ~. .~ DIVISION 1. GENERAL PROVISIONS *** Section 7-394 Definitions. ~:** That the Code of the Crty of Fort Worth, Texas (1986), as amended, is amended, by the amendment of Division 1, "General Provisions," by changing the term "Code Enforcement Superintendent," to the term "Code Compliance Superintendent," by deleting the terms of "Dwelling unit" and "Efficiency dwelling umt," by amending the term "Landlord," to include, "the traditional meaning of an owner or lessor," by revzsing the term "Superintendent," to mean "the Code Compliance Superintendent," for the purposes of this Article, so that such Section shall read as follows *** "Code Compliance Superintendent means the Superintendent of the Code Compliance Division of the Department of City Services, as designated by the director of such department, or the Superintendent's duly authorized representative. *** "Landlord has the traditional meaning of owner or lessor, and additionally includes management company, or managing agent, including on-site manager, of a multi-family dwelling complex. *** "Superintendent means the Code Compliance Superintendent or the Superintendent's authorized representahve." *** Further, that the Code of the City of Fort Worth, Texas (1986), as amended, is amended, by the amendment of Division 2, "Registration and Inspections," Section 7- 396, "Applicability and Administration," subsection (b) by replacing "Code Enforcement Superintendent," with "Code Compliance Superintendent," so that such Section shall read as follows ~*~ Section 7-396. Applicability and Administration. DRAFT NO 6 04/01/98 PAGE 2 ,~, *** (b) The Code Compliance Superintendent and the Superintendent's authorized representatives are authorized to administer and enforce the provisions of this Article and the Minimum Building Standards Code ~:** Further, that the Code of the City of Fort Worth, Texas (1986), as amended, is amended, by the amendment of Division 2, "Registration and Inspections," Section 7- 401, "Registration Required," subsections (a,c-e) by replacing "Code Enforcement Superintendent," with "Code Compliance Superintendent," so that such Sections shall read as follows ~~~ (a) The landlord of amulti-family dwelling shall annually register the complex with the Code Compliance Superintendent. ~~~ (c) A registration is valid for one year from the date the completed registration form is filed m the office of the Code Compliance Superintendent, and payment of the registration fee has been made, unless the ownership of the complex changes. (d) If a change of ownership of the complex occurs during the period that a registration is otherwise valid, the landlord of the complex shall have thirty (30) days from the date the change of ownership occurred to file a new registration with the Code Compliance Superintendent, and pay a new registration fee. (e) The registration shall be on a form prescribed by the Code Compliance Superintendent, and shall at a minimum contain the following information about the complex. *** Further, that the Code of the City of Fort Worth, Texas (1986), as amended, is amended, by the amendment of Division 2, "Registration and Inspections," Section 7- 402, "Inspection and Registration Fees," by adding subsection (g), exempting colleges and umversrties from payment of registration fees," so that such Section shall read as follows DRAFT NO 6 04/01/98 PAGE 3 *** (g) The fee requirement shall not include a dwelling unit occupied by a student attending a college, university, or seminary; inclusive of the student's family and in which the dwelling unit is owned by the respective college, university, or seminary ~~* Further, that the Code of the City of Fort Worth, Texas (1986), as amended, is amended, by the amendment of Division 2, "Registration and Inspections," Section 7- 404, "LandlordlTenant Inspections," subsection (a) omrttmg the requirement to inspect when a lease is renewed and making requirements m subsections (a)(1)(A-B) cumulative; by amending subsection (b)(3)(B) replacing "Code Enforcement Division," with "Code Compliance Division," and by amending subsection (c)(1) renaming "The Fort Worth Rental Housing Disclosures Handbook," to "The Fort Worth Rental Handbook," by amending subsection (c)(2)(E) changing "Code Enforcement Division," to "Code Compliance Division," and by amending subsection (c)(3) by providing that the rental handbook be available to "all other landlords and tenants," regardless of inspection requirements, so that such Sections shall read as follows *~:~ Section 7-404. Landlord/Tenant Inspections. x:** (a) The landlord of amulti-family dwelling complex shall inspect each dwelling unit wrthm the complex. (1) The inspection of a dwelling unit shall be conducted with the unit's tenant. (A) a minimum of once annually; and (B) when the occupancy of the unit changes. *** (b) A landlord shall maintain reports of the inspections conducted pursuant to subsection (a) for all dwelling units wrthm the multi-family dwelling complex. ~~* (2) A report shall also include DRAFT NO 6 04/01/98 PAGE 4 *** B A notice for reporting code violations to the City as follows "TO REPORT Uh1RESOLVED VIOLATIONS OF CITY CODE MAINTENANCE STANDARDS FOR THESE PREMISES, CONTACT THE CODE COMPLIANCE DIVISION AT 871- 6320 " *~~ "(c) The Superintendent shall develop and maintain a rental handbook, which is amended from time to time, and shall provide each multi-family dwelling complex with a copy of the handbook upon registration. The Superintendent shall also make the handbook available for all other landlords and tenants. (1) The handbook shall be entitled, "The Fort Worth Rental Handbook." *~* (2) The Handbook shall include *~* (E) the telephone number of the Code Compliance Division. (3) A landlord shall duplicate the handbook and shall provide a copy to each tenant, either at the time the tenant signs the lease or at the time the landlord conducts an inspection of the tenant's dwelling umt as provided by this section." *** Further, that the Code of the City of Fort Worth, Texas (1986), as amended, is amended, by the amendment of Division 3, "Crime Prevention Standards," Section 7-410, "Crime Prevention Standards," subsection (e), "Security Gate Access," to include fire lane provisions, so that such Sections shall read as follows "Section 7-410 Crime Prevention Standards. *~* (e) Security gate access. DRAFT NO 6 04/01/98 PAGE 5 J (4) Access through such security gates by fire trucks and fire personnel shall be provided as required by the Fire Code A. "Fire lanes shall be maintained in good condition with clearly visible markings. B. 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. C. Fire lanes shall be signed with approved traffic signs twelve (12) inches wide and eighteen (18) inches tall which state, "No Parking -Fire Lane." A sign stating "Tow-Away Zone," produced on a white background with red lettering shall accompany each these. Signs shall be mounted so that the bottom of the sign is six (6) feet six (6) inches from the grade. D. Fire lanes shall be kept clear of obstructions such as motor vehicles, solid waste collection bins, equipment or other similar items." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, inn 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 Crty 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 Crty Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance DRAFT NO 6 04/01/98 PAGE 6 ,1 f shall be fined not more that Five Hundred Dollars ($500 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 m Sections 1 and 2, which have accrued at the hme of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and cnmmal, whether pending m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 5 of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas, and by Section 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, and it is so ordained. LEGALITY SISTANT C~TORNEY DATE ~ ~ i EFFECTIVE: DRAFT NO 6 04/01/98 PAGE 7 City of Fort Wordy T~acas Mayor and Council Communication DATE REFERENCE N'UNIDER LOG NAME PAGE 10/02/97 G-12020 21 MULTI 1 of 1 SUBJECT AMENDMENT OF THE CODE OF THE CITY OF FORT WORTH, CHAPTER 7, ARTICLE IX, "REGISTRATION AND INSPECTION OF MULTI-FAMILY DWELLING COMPLEXES" RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance revising the Code of the City of Fort Worth, Chapter 7, Article IX "Registration and Inspection of Multi-Family Dwelling Complexes" DISCUSSION The majority of the amendments are designed to update and clarify the language of the existing Ordinance in order to follow provisions enacted in the Minimum Building Standards Code (MBSC) Specifically the term "Code Enforcement Superintendent" will be changed to "Code Compliance Superintendent " Likewise, references to the "Code Enforcement Division" will be changed to the "Code Compliance Division " Several definitions such as "landlord," "on site manager," "dwelling unit," and "efficiency dwelling units" have been altered or deleted to conform to standard practice and the MBSC A provision designed specifically for multi-family complexes that relates to fire lanes will be transferred from the MBSC to the Multi-Family Ordinance The most significant change recommended is the addition of wording in the definition of "multi- family dwelling complex" that has the effect of excluding student family housing at colleges, universities, and seminaries from the annual inspection program However, the Facilities and Infrastructure Committee disagreed with the exemption of this class of multi-family facility and recommended that student housing be included in the registration and periodic inspection program The deletion of student family housing from the Multi-Family Inspection Program will reduce revenues by approximately 54,200 annually (700 units x $6 00 per unit) CB m Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPFi~U Charles Boswell 8511 CITY C~DUN~I~ Originating Department Head: ,~~ ~d~.D~D OCT 2 '~97 Tom Davis 6300 (from) >~~LiJ~~ For Additional Information Cfiy$tsL~ttai'yOf dhe rth l'+~ t"~ f F o gx , City o Contact: Tom Davis 6300 Printed on Re~yded Paper A~InntPd (~r(9it11nC~ ~l~. ~~~