Loading...
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)
The owner of any property found to be in violation under the provisions of this article may abate the violation at any time within the abatement period by repair or removal. The floodplain administrator shall be advised in writing by the owner of the property that the abatement has occurred and may inspect the premises to ensure that the violation has been abated. Should any of the items which constitute a violation be placed on other public or private property without consent from the owner or person in control of such property, this will constitute a separate violation of this article and appropriate enforcement action shall be taken by the floodplain administrator or his or her designee or any code compliance officer.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
If a violation is not properly abated within the period established under the provisions of § 7-371, the city council shall hold a public hearing to determine if the violation should be abated under the police powers of the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
A written notice of the public hearing before the city council shall be served on the property owner at least ten days prior to the date set for the public hearing. Service shall be made upon the owner by personal service, or by certified or registered mail. If made by certified mail, services shall be effective on the date the notice is deposited in the United States mail. If there is no known address for the owner, the notice of the hearing shall be published in a newspaper of general circulation in the city at least ten calendar days before the hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
At the public hearing, the city council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged violation and to proposed abatement measures. The hearing may be continued from time to time.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Following the public hearing, the city council shall consider all evidence and determine whether the property, or any part thereof, constitutes a violation of this article as alleged. If the council finds that a violation does exist and that there is sufficient cause to abate the violation, the city council shall make a written order setting forth the findings and ordering the owner or other person having charge or control of the property to abate the violation by repair or removal in the manner and by the means specifically set forth in that order. The order shall set forth the time within which the abatement shall be completed.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Any owner or other person with a vested interest who is aggrieved by the decision of the city council ordering the abatement of any violation under the provisions of this article may contest such decision by filing a petition in court within ten days of the date of the decision of the city council. Otherwise, the decision of the city council shall be deemed final and conclusive, and all objections to such decision shall be deemed waived.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Within five days following the decision of the city council, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order in the manner provided in § 7-375.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Loading...