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No structure or land shall hereafter be constructed, located, extended, converted, altered or have its use changed without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,000 for each violation in accordance with § 1-6(b), and each and every day the violation occurs shall constitute a separate violation. Nothing herein contained in this section or any other section of this article shall prevent the City of Fort Worth from taking such other lawful action as is necessary to prevent or remedy any violation, including but not limited to refusal to approve a plat or to issue a building permit, or to obtain injunctive relief against the violator pursuant to Tex. Local Government Code § 54.016 or any other statute, or any other legal remedy available to the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18816, passed 9-15-2009; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
This article is designed to be cumulative and in no way abrogate other provisions of the state law, the city code, ordinances, rules, approved policies of various City of Fort Worth and other governmental commissions and departments dealing with flooding, or any existing easements, covenants or deed restrictions. If there exists any apparent conflict or overlap between provisions of this article and other ordinances, rules or regulations, or any easements, covenants or deed restrictions affecting the property in question, the more stringent provision shall apply. All procedures and permits mandated by other provisions of the city's laws shall remain in full force and effect and are incorporated as if reproduced in full herein. Some examples of these other materials include the subdivision ordinance, as amended, and the zoning ordinance, as amended. There are federal and state laws that are and remain applicable to this subject matter.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
In the interpretation and application of this article, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City of Fort Worth; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by human-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the City of Fort Worth, or any officer or employee thereof for any flood damages that results from reliance on this article or any administrative decision lawfully made thereunder. In no case shall responsibility or liability arise from the design or operation of drainage facilities dedicated to the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Whenever the floodplain administrator, or designee, or any code compliance officer finds, that a violation of the provisions of this article has occurred, he or she shall advise the property owner of this violation in writing and direct said owner to abate the violation. For purposes of this article, said notice shall be mailed by certified mail and shall be effective when deposited in the mail addressed to the person or entity listed as the owner on the tax rolls of the City of Fort Worth, regardless of whether such person or entity owns record title to the property or is otherwise the legal owner of the property. The notice shall detail the nature of the violation and shall establish a reasonable abatement period.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Whenever an order has been given by the floodplain administrator, or designee, or code compliance officer to abate any violation of this article under the provisions of § 7-371 the owner thereof shall have the right, within the period of time given in the order for abatement, to appear at the office of the floodplain administrator with a written explanation to show cause why such order should not or cannot be complied with, and the floodplain administrator may, at his or her discretion, give such extension of time for the abatement or removal of such violation as may be necessary, provided that there is no immediate danger to the public health, safety or general welfare.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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