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HomeMy WebLinkAboutOrdinance 12791ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS," BY THE ADDITION OF A NEW ARTICLE IX ENTITLED "REGISTRATION AND INSPECTION OF MULTI-FAMILY DWELLING COMPLEXES," PROVIDING DEFINITIONS, PROVIDING A PURPOSE, PROVIDING FOR THE REGISTRATION AND INSPECTION OF MULTI- FAMILY DWELLING COMPLEXES, PROVIDING FOR FEES, PROVIDING FOR EXEMPTIONS FROM INSPECTION, PROVIDING FOR CRIME PREVENTION, 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. WHEREAS, the City Council of the City of Fort Worth finds that multi-family dwelling complexes which are allowed to become dilapidated endanger the health and safety of the residents of such complexes and the general public, and may lead to the furtherance of criminal activity within the City; and WHEREAS, the implementation of a registration and inspection program for multi- family dwelling complexes will promote the safeguarding of the life, health, safety, welfare, and property of the occupants of such complexes 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 addition of a new Article IX, entitled, "Registration and Inspection of Multi-Family Dwelling Complexes," so that hereafter said Article shall read as follows "ARTICLE IX -1 - REGISTRATION AND INSPECTION OFMULTI-FAMILY DWELLING COMPLEXES DIVISION 1 GENERAL PROVISIONS Section 7-393. Short Title. This Article may be referred to as the "Multi-Family Inspections Code " Section 7-394. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated Where terms are not defined, they shall have their ordinary accepted meanings Accessory building or structure means a structure or building, the use of which is incidental to that of the main building(s), and which is attached thereto or located on the same premises Boarding house [see lodging house] Bui_ Iding means any structure used or intended for supporting or sheltering any use or occupancy 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 Code Enforcement Superintendent means the superintendent of the Code Enforcement Division of the Department of City Services, as designated by the director of such department. Condominium means a complex of individually owned residential units with undivided co-ownership of common elements, established by a declaration under the Condominium Act of the State of Texas, Chapter 81 of the Texas Property Code, and governed under a set of bylaws as a Texas non-profit corporation composed of all unit owners with a board of directors elected by the association membership Congregate residence means any building or portion thereof which contains facilities for living, sleeping, and sanitation, and may include facilities for cooking and eating, for occupancy by other than a family A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or -2- sorority house but does not include jails, hospitals, nursing homes, hotels, or lodging houses Dwelling unit means a dwelling of one (1) or more habitable rooms, including an efficiency unit, which is occupied by a tenant or which is designed or intended to be occupied by a tenant, for living, sleeping, cooking, and sanitation purposes, to the exclusion of others. Efficiency dwelling unit means a dwelling unit with one (1) habitable room that contains facilities used for combined sleeping, living, cooking, and eating purposes. Existing building means a building constructed in compliance with all codes at the time of construction, or one for which a legal building permit has been issued prior to the effective date of this ordinance Family has the same meaning as that term is defined in the Comprehensive Zoning Ordinance Landlord means any person who is an owner, lessor, management company, or managing agent, including on-site manager, of amulti-family dwelling complex. Lodging house means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients 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, structures, and facilities on the premises. -3- (c) The term shall not include. hotels, motels, or congregate residences. The term shall not include dwelling units which are owner-occupied Owner means any person holding title to amulti-family dwelling complex, according to the deed records in the county clerk's office of the county in which the complex is situated. Person means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, govemmental entity, or any other legal entity; or their legal representatives, agents, or assigns This definition includes all Federal, State, and local govemmental entities. Superintendent means the Code Enforcement Superintendent and the Superintendent's authorized representatives. Zoning Ordinance means the Comprehensive Zoning Ordinance of the City of Fort Worth as adopted and amended from time to time Section 7-395. Purpose. The purpose of this Article is to safeguard the life, health, safety, welfare, and property of the occupants of multi-family dwelling complexes and the general public by developing a process to enforce the minimum building standards, and to provide equitable and practical criminal, administrative, and civil remedies for the violation of minimum building standards. Section 7-396. Applicability and Administration. (a) This Article shall apply to all multi-family dwelling complexes located in the City of Fort Worth which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Code Enforcement Superintendent and the Superintendent's authorized representatives are authorized to administer and enforce the provisions of this Article and the Minimum Building Standards Code Sections 7-397 through 7-399 reserved. DIVISION 2 REGISTRATION AND INSPECTIONS Section 7-400. Certificate of Occupancy -4- (a) No multi-family dwelling complex shall be used or occupied, and no change in the existing occupancy classification or ownership of a multi-family dwelling complex, or any portion thereof, shall be made until the landlord has obtained a Certificate of Occupancy as provided by the Building Code and Section 7-403(d) of this Article (b) Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the Minimum Building Standards Code, this Article, or of other ordinances of the City of Fort Worth Certificates presuming to give authority to violate or cancel the provisions of the Building Code and other applicable ordinances shall not be valid Changes in the character or use of a building shall not be made except as provided in the Building Code (c) The certificate of occupancy for all multi-family dwelling complexes shall be posted in a conspicuous place on the premises of the complex, and shall not be removed except by the Building Official (d) A landlord commits an offense if the landlord knowingly operates a multi-family dwelling complex in violation of this section Section 7-401. Registration Required. (a) The landlord of amulti-family dwelling complex shall annually register the complex with the Code Enforcement Superintendent. (b) The landlord of amulti-family dwelling complex which is constructed after the effective date of this ordinance shall register the complex within thirty (30) days after the complex receives its Certificate of Occupancy, and annually thereafter (c) A registration is valid for one year from the date the completed registration form is filed in the office of the Code Enforcement 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 Enforcement Superintendent, and pay a new registration fee (e) The registration shall be on a form prescribed by the Code Enforcement Superintendent, and shall at a minimum contain the following information about the complex: -5- (1) The trade name, physical address, and business address, (2) The names, addresses, and telephone numbers of the owner, property manager, resident manager, registered agent, and all federal, state, and local funding agencies, and the type of business entity which owns the complex; (3) The names of designated employees or authorized representatives who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any twenty-four hour period Emergency conditions shall include fire, natural disaster, flood, burst pipes, collapse hazard, and violent crime, (4) The names, addresses, and telephone numbers of any mortgagees, (5) A copy of a site plan depicting the total number of all buildings within the complex, including a description of the use of each building and the location of each building within the complex; (6) The total number of dwelling units, (7) The number of dwelling units per category, with the categories based on the number of sleeping rooms in a unit; and (8) The number and type of security systems and fire alarm systems maintained on the premises and the names and telephone numbers of the alarm companies which respond to alarms or relay alarms to emergency services (f) A landlord commits an offense if the landlord knowingly operates a multi-family dwelling complex which is not currently registered with the Superintendent. Section 7-402. Inspection and Registration Fees. (a) The Landlord of amulti-family dwelling complex shall pay the City an annual registration fee to offset the City's costs of• (1) administering this Article, and (2) inspecting multi-family dwelling complexes to determine compliance with the requirements of this Article and the Minimum Building Standards Code -6- (b) The fee shall be at a rate of• $6 00 per dwelling unit per year, with a minimum of $50 00 per complex per year (c) The fee shall be submitted annually with the registration form required by Section 7-401 above, and with a new registration upon a change of ownership of the complex. (d) The landlord of amulti-family dwelling complex which fails inspection as provided for in Section 7-403 shall pay the City inspection fees, according to the schedule set by the City Council, for follow-up inspections (e) The Superintendent may obtain a lien against the multi-family dwelling complex to secure payment of the registration and inspection fees by filing a statement of expenses with the County Clerk for the county in which the property is located The lien statement shall state the name of the owner, if known, and the legal description of the property The lien shall be security for the registration and inspection fees and shall accrue interest at the rate of ten (10) percent per annum on the amount due from the date the fees were due and payable (f) The City Council shall by schedule set fees for inspections, certificates of occupancy, and other fees required by this Article Section 7-403. Inspection by Superintendent. (a) Frequency and Scope of Periodic Inspections (1) The following areas of amulti-family dwelling complex shall be subject to periodic inspection by the Superintendent: A. all building exteriors, B all exterior and interior public areas, C vacant dwelling units, D occupied dwelling units upon receipt of complaint by the unit's tenant. (2) Except as provided by (a)(3) below, the Superintendent may inspect amulti-family dwelling complex as frequently as the -7- Superintendent deems necessary, but no less frequently than once every two years (3) Exemption Amulti-family dwelling complex whose original construction was completed on or after December 31, 1994, shall be exempt from the Superintendent's periodic inspection for three years from the date the Certificate of Occupancy was issued for the complex. If a complex was constructed in phases, each phase shall be treated as a separate complex for the purposes of this subsection However, an inspection of the complex shall be triggered during the exemption period if• A. the ownership of the complex changes, in which case an inspection pursuant to subsection (d) shall be made, or B the Superintendent receives a valid complaint of, or otherwise becomes aware of, a violation of this Article or of the Minimum Building Standards Code at the complex. (b) The landlord of amulti-family dwelling complex shall make all exteriors, all exterior and interior public areas, and all vacant dwelling units of the complex available to the Superintendent for inspection at all reasonable times (c) The Superintendent is authorized to make follow up inspections of a multi-family dwelling complex which fails inspection, in such frequency and scope as the Superintendent deems necessary to determine compliance with this Article and with the Minimum Building Standards Code (d) Change of ownership. Within thirty (30) days after the change of ownership of amulti-family dwelling complex, the landlord shall obtain a new certificate of occupancy in order to continue operating The complex, including all occupied and all vacant dwelling units, shall be subject to a complete Certificate of Occupancy Inspection by the Building Official and the Superintendent before a new Certificate of Occupancy will be issued (1) If the complex fails the Certificate of Occupancy inspection, all vacant units within the complex shall be posted for non- occupancy, and the landlord shall not allow the occupancy of such units until the complex passes final inspection and is issued a Certificate of Occupancy -8- (2) If vacant units are posted for non-occupancy pursuant to subparagraph (1) above, the landlord may ask the Superintendent to allow the occupancy of individual posted units. The Superintendent may allow the occupancy of a posted unit only if the unit passes interior inspection and the building it occupies passed the Certificate of Occupancy inspection (e) In addition to the other authority granted by this section, the Superintendent is authorized to inspect amulti-family dwelling complex with greater frequency than provided above if the Superintendent has cause to believe that the complex is not in compliance with the Minimum Building Standards Code or this Article (f) In addition to the authority granted by this section, the Superintendent has all rights and authority granted by Article 18.05 of the Texas Code of Criminal Procedure Section 7-404. Landlord/Tenant Inspections. (a) The landlord of amulti-family dwelling complex shall inspect each dwelling unit within the complex. (1) The inspection of a dwelling unit shall be conducted with the unit's tenant: A. a minimum of once annually; B. when the occupancy of the unit changes; and ,~ C when a lease is renewed. (2) The landlord shall sign each inspection report, and shall require a tenant to sign the report for the tenant's dwelling unit. If the tenant disagrees with any notation made by the landlord on the report, the landlord shall permit the tenant to make written comments on the report prior to signing it. The landlord shall provide the tenant with a copy of the report after it is signed (3) The Superintendent shall determine which standards established by the Minimum Building Standards Code shall be covered by the inspection (4) The failure of a landlord to make inspections as required by this subsection, to maintain records of the inspections, and to -9- permit inspection of those records pursuant to subsection (b) may cause the complex to fail inspection (b) A landlord shall maintain reports of the inspections conducted pursuant to subsection (a) for all dwelling units within the multi-family dwelling complex. (1) The reports shall either be on a form provided by the Superintendent or on a form that complies with the requirements of the superintendent. (2) A report shall include places for marking whether the dwelling unit complies with the standards set by the Superintendent to be included within the scope of the inspection, and shall include the names of all persons occupying the dwelling unit (other than overnight guests) (3) A report shall also include A. The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any twenty-four hour period Emergency conditions shall include fire, natural disaster, flood, collapse hazard, burst pipes, or violent crime, and B A notice for reporting code violations to the City as follows. "TO REPORT UNRESOLVED VIOLATIONS OF CITY CODE MAINTENANCE STANDARDS FOR THESE PREMISES, CONTACT THE CODE ENFORCEMENT DIVISION AT 871-6320 " (4) The landlord shall maintain these inspection reports on the premises of the complex, and shall make them available to the Superintendent for inspection at all reasonable times If there is no business office on the premises of the complex, the landlord shall maintain reports at the landlord's central business office, and shall make them available to the Superintendent for inspection at the complex at all reasonable times. (5) The inspection reports shall be maintained for a minimum of three (3) years. (c) The Superintendent shall develop and maintain a tenant's rights handbook, and shall provide each multi-family dwelling complex with a copy of the handbook upon registration -10- (1) The handbook shall be entitled, "The Fort Worth Rental Housing Disclosures Handbook. (2) The handbook shall include A. grounds for eviction of a tenant; B who may issue and who may deliver an eviction notice, C a tenant's rights to challenge an eviction notice, D the name and phone number of any agencies a tenant may contact for information or assistance to challenge an eviction notice, and E the telephone number of the Code Enforcement Division (3) A landlord shall duplicate the handbook and shall provide a copy to each tenant at the time the tenant signs the lease and at the time the landlord conducts an inspection of the tenant's dwelling unit as provided by this section (4) A landlord may provide a tenant with an alternative publication upon prior written approval issued to the landlord by the Superintendent. (d) A landlord commits an offense if the landlord knowingly violates this section Sections 7-405 through 7-409 reserved DIVISION 3 CRIME PREVENTION STANDARDS Section 7-410. Crime Prevention Standards. The landlord of amulti-family dwelling complex shall provide the following crime prevention measures. (a) Sipns for Emergencies and Code Violations A landlord of amulti-family dwelling complex shall post and maintain signs on the premises of the complex which include the following: (1) EMERGENCY NUMBERS -11- The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any twenty-four hour period Emergency conditions shall include fire, natural disaster, flood, collapse hazard, burst pipes, or violent crime (2) NOTICE FOR REPORTING CODE VIOLATIONS The signs shall state in capital letters. TO REPORT UNRESOLVED VIOLATIONS OF CITY CODE MAINTENANCE STANDARDS FOR THESE PREMISES, CONTACT THE CODE ENFORCEMENT DIVISION AT 871-6320 (b) The signs required by subsection (a) shall be a minimum of twelve (12) inches by twenty-four (24) inches Sign facings shall be fabricated out of weather-proof material The signs shall have a white background, with letters and numbers in a contrasting color At each multi-family dwelling complex there shall be at least one sign posted, and an additional sign for each fifty (50) dwelling units in excess of fifty (50) The signs shall be prominently displayed in exterior, publicly accessible areas of the complex. If the complex has an on- site management office, one sign shall be on the exterior of the office (c) Li htin . (1) Exterior illumination shall be provided at appropriate points adjacent to all building entrances, including individual dwelling units Lighting shall be sufficient to illuminate areas where hazards may reasonably exist, and shall be operable between a half hour after sunset and a half hour before sunrise (2) If control mechanisms for such lighting are not accessible by each tenant, such illumination shall be activated and deactivated by a photo cell or seasonally-adjusted timer switch, not operable by individual tenants of the complex. (3) A landlord shall repair all inoperable exterior lighting fixtures within a reasonable period of time after being notified that the fixture is not working. In no instance shall a reasonable period of time be deemed to mean more than seven (7) days (d) Vacant buildinas. -12- (1) All openings in vacant buildings and dwellings shall be closed and secured from unlawful entry by the installation and maintenance of appropriate locking devices and intact doors and windows which are proportioned to securely and completely fit the openings. (2) Alternatively, openings may be secured by means of the installation of proportioned wood materials in good condition The surfaces of such materials exposed to the weather shall be protected with the application of exterior grade paint, or a similar weather resistant finish, which blends with the background color of the building. (e) Security gate access. (1) A landlord of amulti-family dwelling complex which has unstaffed security gates which restrict vehicle access onto the premises shall provide the Chief of Police with master codes to the gates so that police vehicles and personnel and ambulances and ambulance personnel are allowed unrestricted entry onto the premises when responding to emergencies and calls for service and routine patrols. (2) Prior to changing the master codes, the landlord shall notify the Chief of Police of the new codes. (3) All security gates shall be equipped with a manual override to be used in the event of a power outage or system failure The landlord shall notify the Chief of Police of the location of the override (4) Access through such security gates by fire trucks and fire personnel shall be provided as required by the Fire Code (f) Graffiti abatement. A landlord shall remove graffiti from the landlord's multi-family dwelling complex as required by Appendix B of the City Code -13- (g) Occupancy limits. A landlord shall not permit a dwelling unit within the complex to be occupied other than by a family, as that term is defined within this Code, and shall not permit the number of persons occupying a dwelling unit to exceed the occupancy load of the unit based on the standards set in the Minimum Building Standards Code (h) A landlord commits an offense if the landlord knowingly violates this section (i) Tenant responsibility. Even the best security plans, devices and systems cannot completely prevent crime The best safety measures a tenant of a multi-family dwelling complex can utilize are those performed out of common sense and habit. Such measures include locking doors and windows, not opening doors to strangers, and promptly reporting malfunctioning security devices and exterior lighting to the landlord Sections 7-411 through 7-415 reserved. DIVISION 4 ENFORCEMENT Section 7-416. Criminal Enforcement. A violation of this Article is a misdemeanor punishable by a fine not to exceed $500 00 Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense " 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 -14- 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 Five Hundred Dollars ($500 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts -15- SECTION 6 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas, .and by Section 52 013, Texas Local Government Code SECTION 7 This ordinance shall be in full force and effect after its passage and publication as required by law, but in no event earlier than December 31, 1996, and it is so ordained APPROVED AS TO FORM AND LEGALITY: AS$(STAN7 TY ATTORNEY DATE ~ f~'~ ADOPTED•~~- EFFECTIVE -16- City of Fort worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/03/96 G-11671 (REVISED) 21ADOPTr 1 of 1 SUBJECT ADOPTION OF ORDINANCE FOR REGISTRATION AND INSPECTION OF MULTI- FAMILY DWELLING COMPLEXES RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which provides for registration and inspection of multi-family dwelling complexes DISCUSSION The purpose of the ordinance is to safeguard the life, health, safety, welfare, and property of the occupants of multi-family dwelling complexes and the general public by developing a process to enforce minimum building standards The proposed ordinance is applicable to multi-family complexes with 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, and lodging houses The ordinance provides for annual registration, registration fees, inspections, crime prevention standards, and enforcement Its effective date is December 31, 1996 The ordinance is the product of work initiated by the City Council Facilities and Infrastructure Committee approximately one year ago During that time there have been numerous opportunities for public comment and input during committee meetings and public hearings held on June 13, 1996, and November 5, 1996, in the City Council Chambers RG f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUN Originating Department Head: Cii. ~~~ ~ ~ T D i 6300 ~~~ om av s (from) For Additional Information Citq Secretarq Of tlt~ Contact: Citq of Fort PJorth, Texas Tom Davis 6300 Printed on Recycled Paper As~npt~ Qrc~~nan~ f~~o