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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. Where terms are not defined, they shall have their ordinary accepted meanings.
ACCESSORY BUILDING OR STRUCTURE. A structure or building, the use of which is incidental to that of the main building(s), and which is attached thereto or located on the same premises.
BOARDING HOUSE. See LODGING HOUSE.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the building code, or the building official’s duly authorized representative.
CHIEF OF POLICE. The chief of the police department or the chief’s duly authorized representative.
CONDOMINIUM. A complex of individually owned residential units with undivided co-ownership of common elements, established by a declaration under the Condominium Act of the State of Texas, Tex. Property Code Chapter 81 of the, and governed under a set of bylaws as a Texas non-profit corporation composed of all unit owners with a board of directors elected by the association membership.
CONGREGATE RESIDENCE. Any building or portion thereof which contains facilities for living, sleeping and sanitation, and may include facilities for cooking and eating, for occupancy by other than a family. A CONGREGATE RESIDENCE may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.
CRIME FREE LEASE ADDENDUM. A form to be made a part of a lease agreement between a landlord and a resident in which the resident agrees and acknowledges the resident’s legal obligation to refrain from committing or permitting the commission of certain enumerated criminal acts or categories of criminal acts on the leased premises.
DIRECTOR. The director of the code compliance department and the director’s authorized representatives.
EXISTING BUILDING. A building constructed in compliance with all codes at the time of construction, or one for which a legal building permit has been issued prior to the effective date of this ordinance.
FAMILY. The same meaning as that term is defined in the comprehensive zoning ordinance.
LANDLORD. The traditional meaning of owner or lessor, and additionally includes management company, or managing agent, including on-site manager, of a multifamily dwelling complex.
LEASE. A contract or rental agreement granting use or occupation of property at a multifamily dwelling complex during a specified period, subject to various terms and conditions, in exchange for a specified rent.
LOCAL GOVERNMENT HOUSING AUTHORITY. An entity authorized by Tex. Local Government Code Chapter 392.
LODGING HOUSE. A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
MULTIFAMILY DWELLING COMPLEX.
(1) MULTIFAMILY DWELLING COMPLEX means:
a. Three or more dwelling units that are under common ownership or that are managed by the same person, and that are on the same lot or tract or on adjoining lots or tracts; and/or
b. A lodging house or boarding house.
(2) The term also includes any accessory structures and facilities incidental to the use thereof, including, but not limited to, yards, courts, parking areas, storage buildings, offices, maintenance buildings, equipment buildings, mail rooms, laundry facilities, swimming pools, spas, ponds, wells, cabanas, play rooms and play yards, recreational and picnic facilities, public assembly rooms, garages, carports, fences, walls and all other similar buildings, structures and facilities on the premises.
(3) The term shall not include hotels, motels or congregate residences. The term shall not include dwelling units, which are owner occupied.
OWNER. Any person holding title to a multifamily dwelling complex, according to the deed records in the county clerk’s office of the county in which the complex is situated.
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
UNIT. A dwelling unit as defined by the minimum building standards code.
ZONING ORDINANCE. The comprehensive zoning ordinance of the City of Fort Worth as adopted and amended from time to time.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 14929, § 1, passed 1-15-2002; Ord. 17827, § 1, passed 10-9-2007; Ord. 19998-12-2011, § 2, passed 12-6-2011; Ord. 21105-01-2014, § 1, passed 2-28-2014; eff. 2-4-2014)
The purpose of this article is to safeguard the life, health, safety, welfare and property of the occupants of multifamily dwelling complexes and the general public by developing a process to enforce the minimum building standards, and to provide equitable and practical criminal, administrative, and civil remedies for the violation of minimum building standards.
(Ord. 12791, § 1, passed 12-3-1996)
(a) This article shall apply to all multifamily dwelling complexes located in the city which are now in existence or which may hereafter be constructed or converted from other uses.
(b) The code compliance director and the director’s authorized representatives are authorized to administer and enforce the provisions of this article and the minimum building standards code.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 14929, § 1, passed 1-15-2002)
(a) No multifamily dwelling complex shall be used or occupied, and no change in the existing occupancy classification as defined by § 111 of the International Building Code or ownership of a multifamily dwelling complex, or any portion thereof, shall be made until the landlord has obtained a certificate of occupancy.
(b) Change of ownership or any event causing a certificate of occupancy to be revoked. Within 30 days after the change of ownership of a multifamily dwelling complex or the revocation of the certificate of occupancy of the complex, the landlord must obtain a new certificate of occupancy in order to continue operating. The complex, including all occupied and all vacant dwelling units, shall be subject to a complete ordinance inspection by the building official and the director before a new certificate of occupancy will be issued. If a certificate of occupancy is not obtained for all buildings in the complex within 30 days, the complex shall be vacated until such time as a certificate of occupancy is issued.
(c) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the minimum building standards code, this article, or of other ordinances of the city. Certificates presuming to give authority to violate or cancel the provisions of the building code and other applicable ordinances shall not be valid. Changes in the character or use of a building shall not be made except as provided in the building code.
(d) The certificate of occupancy for all multifamily dwelling complexes shall be posted in a conspicuous place on the premises of the complex, and shall not be removed except by the building official.
(e) A landlord commits an offense if the landlord knowingly operates a multifamily dwelling complex in violation of this section.
(f) If the building official determines that the complex fails the ordinance inspection, all vacant units within the complex shall be posted for non-occupancy, and the landlord shall not allow the occupancy of such units until the complex passes final inspection and is issued a certificate of occupancy.
(g) The director may grant an extension if the landlord can demonstrate that no condition constituting an immediate fire or safety hazard exists and that the owner is working toward obtaining a certificate of occupancy in a timely fashion. A request for an extension of time must be made in writing to the director. The director must respond within ten days of receiving the request for an extension. Should the request be denied the landlord may within ten days file an appeal to the Fort Worth appeals board.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 17827, § 2, passed 10-9-2007; Ord. 19998-12-2011, § 3, passed 12-6-2011)
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