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In accordance with Tex. Local Government Code § 214.003, 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.
(Ord. 13743, § 1, passed 3-23-1999)
(a) The city may bring suit for injunctive relief and civil penalties against the owner of property in violation of this article, or to compel the demolition or repair of buildings or structures, as provided for by Tex. 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.
(Ord. 13743, § 1, passed 3-23-1999)
A person commits an offense if the person owns or is in control of a building or structure, regardless of its condition, that is unoccupied by its owners, lessees or invitees and knowingly fails to:
(a) Secure such building or structure from unauthorized entry; or
(b) Keep such building or structure secured from unauthorized entry.
(Ord. 13743, § 1, passed 3-23-1999)
(a) The director shall post a notice to vacate in a conspicuous place at or upon any building or structure which he or she determines might from any cause endanger the life, limb, health, property, safety and/or welfare of the general public or any occupants of said building or structure. In addition, the director shall issue a written notice of the violations to the owner and or person in control of the building or structure, describing the violations of this code that require correction.
(b) Every notice to vacate shall be in substantially the following form;
DO NOT OCCUPY
This building or structure is in violation of the City Code of the City of Fort Worth.
Occupancy is suspended until such time as the violations are corrected and approved by the director of the City of Fort Worth code compliance division.
It is a misdemeanor to occupy this building or structure or to remove or deface this notice.
(c) Regardless of such notice being posted, it shall be unlawful for any person to use, enter, remain in or occupy any building or structure nor shall any owner or person in control of any building or structure permit any person to use, enter, remain in or occupy such building or structure which the director determines to be in violation of this article. It shall be a defense to any prosecution occurring under this subsection (c) that entry was made for the sole purpose of repairing, demolishing or removing such building or structure.
(d) It shall be unlawful for any person to remove or deface such notice until either the required demolition or removal has been completed and approved by the building official or until the required repairs have been completed and a certificate of occupancy has been issued pursuant to the provisions of the building code and suspension of the building or structure’s occupancy is rescinded by the director of the code compliance division.
(e) For the purpose of prosecution under this section, it shall be presumed that such notice was served and posted by the proper authority and under the proper procedure if it is shown that such notice was conspicuously posted on such building or structure on the offense date alleged in the criminal complaint.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)
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