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If a violation is not completely abated within the time prescribed in the city council order, the floodplain administrator, or other designated city official, is authorized and directed to cause the violation to be abated by city forces or private contract. In furtherance of this section, the floodplain administrator or duly authorized agents, employees, contractors, subcontractors or other representatives of the City of Fort Worth are expressly authorized to enter upon the property to abate the violation.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
(a) The floodplain administrator, or such other city official as the administrator may designate, shall keep an account of the costs (including incidental expenses) of abating the violation on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement of said, violation including any salvage value relating thereto; provided that before said report is submitted to the city council a copy of the same shall be served on the property owner in the manner provided in § 7-375, together with a notice of the time when said report shall be heard by the city council for confirmation.
(b) The city council shall set the matter for hearing to determine the correctness and reasonableness of the abatement costs.
(c) Written proof of the service of such report shall be made under oath and filed with the city secretary.
(d) The term INCIDENTAL EXPENSES shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of work (including survey if necessary), and costs of printing, mailing and publication required hereunder.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The city council shall hear and pass upon the report of the abatement costs, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report, as it may deem just, after which, the report, as submitted or as revised, corrected or modified, shall be confirmed by the council. The decision of the city council on the correctness and reasonableness of abatement costs shall be final and conclusive.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
(a) The total cost of abating such violation, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, upon recordation in the office of the county clerk of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
(b) After such confirmation and recordation, a copy of the notice of lien may be turned over to the city tax department, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular city tax bills for said respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ad valorem taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale as in the case of delinquent ad valorem taxes.
(c) At any time after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(d) The foregoing remedy shall not preclude a suit against any person violating this article who may be held personally liable for the cost incurred by the City of Fort Worth in connection with such abatement procedures. The costs of abating any such violation shall constitute a personal liability of the person causing such abatement procedures to be necessary. In addition, the foregoing remedy shall not constitute the exclusive remedy available to the City of Fort Worth to abate a violation of or otherwise enforce the provisions of this article, and the City of Fort Worth may elect any other legal remedy or remedies available to it to obtain compliance with this article. The abatement provisions set forth above shall operate as an enlargement and not a limitation of the power of the City of Fort Worth, and such provisions shall not prevent said city from using any means legally available to it, with or without notice to the landowner, in the event of an emergency or other situation posing a serious threat to the public health, safety or welfare.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Editor’s note:
Section 1 of Ord. 11517, adopted Mar. 22, 1994, provided for the addition of Div. 5 to this Art. VIII. Inasmuch as provisions designated as Div. 5 existed in this Art. VIII, said new provisions have been included herein as Div. 6 at the editor’s discretion.
The City of Fort Worth participates in the Trinity River Corridor Development Certificate (CDC) process that is coordinated through the North Central Texas Council of Governments (NCTCOG) to stabilize flood risk along the Trinity River. The CDC process allows for development within the Trinity River Corridor while ensuring that the development does not raise flood water levels or reduce flood storage capacity. The City of Fort Worth retains ultimate control over floodplain permitting decisions within our jurisdiction while allowing our neighboring communities and agencies the opportunity to review and comment on projects along the Trinity River Corridor.
(Ord. 11517, § 1, passed 3-22-1994; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
For the purpose of this division, the following words, phrases and terms shall have these meanings:
CDC MODEL. The official CDC HEC-RAS computer model of the Upper Trinity River study area. The CDC Model includes constructed projects and several projects that are permitted but no constructed.
CDC REGULATORY ZONE. The area where the CDC Process and requirements apply. This area is FEMA 100-year floodplain (also known as the special flood hazard area) minus areas of Specific Prior Development.
CORRIDOR DEVELOPMENT CERTIFICATE (CDC). Permission for development activity within the Regulatory Zone of the Trinity River Corridor. The CDC is issued by the city as part of the floodplain permitting process prior to development.
CORRIDOR DEVELOPMENT CERTIFICATE MANUAL (CDC MANUAL). The document published by NCTCOG that provides information on the CDC process, including the CDC application.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to, the construction or alteration of buildings or other structures, mining, dredging, filling, grading, clearing, paving, excavation, drilling operations or storage of equipment or materials. This also includes any levee or other improvement defined by the Texas Commission on Environmental Quality (TCEQ).
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG). Voluntary association of, by and for local governments, established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development.
STANDARD PROJECT FLOOD (SPF). The flood that may be expected from the most severe combination of meteorological and hydrologic conditions that are considered to be reasonably characteristic of the geographical region involved, excluding extremely rare combinations. In practical terms, a SPF usually has a 0.30 to 0.08 percent probability of being equaled or exceeded in any given year, and is usually between 40 and 60 percent of the Probably Maximum Flood (PMF). The SPF represents a "standard" against which the degree of protection selected for a project may be judged and compared with protection provided for similar projects in other localities. In general terms, the SPF for the Trinity River Corridor is commonly equated to an 800-year storm frequency.
TRINITY RIVER CORRIDOR. Within the City of Fort Worth, the Trinity River Corridor is defined as the bed and banks of the Trinity River from the dams of Lake Worth and Benbrook Lake, downstream to the eastern corporate limit, and all of the adjacent land area and all watercourses within the boundaries of the river floodplain within the Fort Worth city limits.
(Ord. 11517, § 1, passed 3-22-1994; Ord. 19658-04-2011, § 3, passed 4-12-2011; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The current edition of the Corridor Development Certificate Manual, and all subsequent amendments and revisions thereto are hereby adopted as the standard for development within the Trinity River Corridor and is incorporated herein by reference. The current manual and application can be downloaded from the NCTCOG website.
(Ord. 11517, § 1, passed 3-22-1994; Ord. 19658-04-2011, § 4, passed 4-12-2011; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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