§ 7-121 MAINTAINING A BUILDING OR STRUCTURE IN VIOLATION OF THIS ARTICLE.

   A person commits an offense if the person owns or is in control of a building or structure that is in violation of this code.

(Ord. 13743, § 1, passed 3-23-1999)

§ 7-122 FAILURE TO SECURE A VACANT BUILDING OR STRUCTURE.

   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)

§ 7-123 OCCUPANCY OF A BUILDING OR STRUCTURE POSTED WITH A NOTICE TO VACATE.

   (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)

§ 7-124 REMOVING OR DEFACING A NOTICE TO VACATE.

   A person commits an offense if the person removes or defaces a notice to vacate posted by the director without the permission of the director.

(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)

§ 7-125 PENALTY.

   (a)   An offense as defined under this article is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense.

   (b)   The filing of criminal charges shall not be a bar against, or a prerequisite for, taking any other action against a violator.

      (1)   If it is shown on trial of an alleged offense under this article that within three years prior to the alleged offense date the defendant has been once previously convicted of an offense under this article:

         a.   Except as provided by subsection (b)(1)b. below, upon conviction the defendant shall be fined not less than $250; and

         b.   If it is also shown on trial of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $1,000 in accordance with § 1-6(c).

      (2)   If it is shown on trial of an alleged offense under this article that within three years prior to the alleged offense date the defendant has been previously convicted of two or more offenses under this article:

         a.   Except as provided by subsection (b)(2)b. below, upon conviction the defendant shall be fined not less than $500; and

         b.   If is also shown on trial of the alleged offense that the defendant was not a residential occupant of the property involved at the time of the alleged offense, upon conviction the defendant shall be fined not less than $2,000 in accordance with § 1-6(c).

(Ord. 13743, § 1, passed 3-23-1999; Ord. 14404, § 1, passed 11-7-2000; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)

§ 7-126 CRIMINAL CITATION.

   The director or any other representative of the City of Fort Worth is authorized to issue citations for violations of this article.

(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)

§ 7-127—7-165 RESERVED.

ARTICLE V: INTERNATIONAL MECHANICAL CODE

Cross-reference:

   Minimum building standards code, see §§ 7-66 et seq.

   International Building Code, see §§ 7-46 et seq.

   National electrical code adopted, see § 11-1

   International Fire Code adopted, see § 13-1

   International Plumbing Code adopted, see § 26-1