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(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)
(a) The landlord of a multifamily dwelling complex shall annually register the complex with the director.
(b) The landlord of a multifamily dwelling complex which is constructed after the effective date of this ordinance shall register the complex within 30 days after the complex receives its certificate of occupancy, and annually thereafter.
(c) A registration is valid for one year from the date the completed registration form is filed in the office of the director, and payment of the registration fee has been made, unless the ownership of the complex changes.
(d) If a change of ownership of the complex occurs during the period that a registration is otherwise valid, the landlord of the complex shall have 30 days from the date the change of ownership occurred to file a new registration with the director, and pay a new registration fee.
(e) The registration shall be on a form prescribed by the director, and shall at a minimum contain the following information about the complex:
(1) The trade name, physical address and business address;
(2) The names, addresses and telephone numbers of the owner, property manager, resident manager, registered agent, and all federal, state and local funding agencies; and the type of business entity which owns the complex;
(3) The names and physical addresses of designated employees or authorized representatives who shall be assigned to respond to emergency conditions, and a telephone number where said employees can be contacted during any 24-hour period. Emergency conditions shall include fire, natural disaster, flood, burst pipes, collapse hazard and violent crime. A post office box shall not suffice for the address requirements of this subsection (e);
(4) The names, addresses and telephone numbers of any mortgagees;
(5) A copy of a site plan depicting the total number of all buildings within the complex, including a description of the use of each building and the location of each building within the complex;
(6) The total number of dwelling units;
(7) The number of dwelling units per category, with the categories based on the number of sleeping rooms in a unit;
(8) The number and type of security systems and fire alarm systems maintained on the premises and the names and telephone numbers of the alarm companies which respond to alarms or relay alarms to emergency services;
(9) If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and physical address of any of the following:
a. For a corporation, a corporate officer;
b. For a partnership, a general partner;
c. For a limited liability company, the managing or administrative member;
d. For a limited partnership, a general partner;
e. For a limited liability partnership, a general partner;
f. For a limited liability limited partnership, a general partner;
g. For a trust, a trustee;
h. For a real estate investment trust, a general partner or an officer; or
i. For any other legal entity not named above, a duly authorized agent.
(10) If the property is owned by a person, other than an individual, who lives outside the State of Texas, the owner shall designate a registered agent, in the State of Texas, who will accept legal service on behalf of the owner. If the property is owned by a person who is an individual and who lives outside the State of Texas, the individual shall either designate a registered agent, in the State of Texas, who will accept legal service on behalf of the owner or provide a physical address where the owner may receive legal service. A designation of a registered agent under this section shall include the name and address of the agent; and
(11) If any change in the information required by this section occurs, the owner shall notify the director within 30 days of the change, in a manner prescribed by the director.
(f) A landlord commits an offense if the landlord knowingly operates a multifamily dwelling complex which is not currently registered with the director.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 14929, § 1, passed 1-15-2002; Ord. 17827, § 3, passed 10-9-2007; Ord. 19998-12-2011, § 4, passed 12-6-2011)
(a) The landlord of a multifamily dwelling complex shall pay the city fees to offset the city’s cost of administration, registration and inspection.
(b) Fees shall be in accordance with a schedule approved by the city council to include:
(1) A registration fee based upon the number of housing units which shall be:
a. Submitted annually with the registration form required by § 7-401; and
b. Submitted with a new registration upon a change of ownership of the complex.
(2) A re-inspection fee shall be assessed for each follow up inspection; and
(3) An administrative fee for a complex on probationary status or suspension or revocation which shall be assessed on a monthly basis, however no separate fee shall be charged for re-inspections as long as the complex remains in probationary status or suspension.
(c) The fee requirements described above shall not include a dwelling unit on a college, university, or seminary occupied by a student or a student and the student’s family and in which the dwelling unit is owned by the respective college, university or seminary, nor to a dwelling unit operated by a local government housing authority.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 14929, §§ 1, 2, passed 1-15-2002; Ord. 17827, § 4, passed 10-9-2007; Ord. 19697-05-2011, § 1, passed 5-24-2011; Ord. 19998-12-2011, § 5, passed 12-6-2011; Ord. 21105-01-2014, § 2, passed 2-28-2014; eff. 2-4-2014; Ord. 25772-09-2022, § 1, passed 9-27-2022, eff. 10-1-2022)
(a) The director may conduct:
(1) Inspections for issuance of certificate of occupancy in conjunction with the development department;
(2) Inspections based on indications of code violations, including complaints filed with the director;
(3) Periodic inspections; and
(4) Follow-up inspections.
(b) The following areas of a multifamily dwelling complex shall be subject to inspection by the director:
(1) All building exteriors;
(2) All exterior and interior public areas;
(3) Vacant dwelling units; and
(4) Occupied dwelling units upon the consent of the tenant or when subject to a valid warrant issued by the court.
(c) The director may inspect portions of a multifamily dwelling complex as frequently as the director deems necessary. The director shall schedule periodic inspections no less frequently than once every two years. Multifamily dwelling complexes operated by a local government housing authority are exempt from periodic inspections.
(d) The landlord of a multifamily dwelling complex shall make all exteriors, all exterior and interior public areas, and all vacant dwelling units of the complex available to the director for inspections at all reasonable times.
(e) A multifamily dwelling complex fails inspection if it does not score at least 100 points, out of a possible 125 points, according to the periodic inspection report scale as promulgated by the director. The landlord of a multifamily dwelling complex that fails the periodic inspection as provided for in this section shall correct all violations identified in the periodic inspection report within 30 days unless a longer period of time or an extension has been granted by the director.
(f) The director is authorized to make follow-up inspections of a multifamily dwelling complex to inspect all areas included in the periodic inspection as well as occupied dwelling units, in such frequency and scope as the director deems necessary to determine compliance with this article and with the minimum building standards code.
(g) The landlord of a multifamily dwelling complex must correct all violations identified in an inspection report.
(h) In addition to the other authority granted by this section, the director is authorized to inspect a multifamily dwelling complex with greater frequency than provided above if the director has cause to believe that the complex is not in compliance with the minimum building standards code or this article.
(i) In addition to other authority granted by this section, the director has all rights and authority granted by Tex. Code of Criminal Procedure Article 18.05. Inspections shall comply with all federal, state and local laws, regulations and ordinances.
(j) When considering a violation created by a tenant the director may consider the timeliness of the landlord’s response to the violation, actions taken by the landlord to address a tenant’s activities that may have caused the condition that was a violation, and actions taken by the landlord to prevent or reduce similar violations in the future.
(k) The director is authorized to publish the results of inspections.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 14929, §§ 1, 3, passed 1-15-2002; Ord. 17522, § 5, passed 4-24-2007; Ord. 17827, § 5, passed 10-9-2007; Ord. 19998-12-2011, § 6, passed 12-6-2011; Ord. 21105-01-2014, § 3, passed 2-28-2014; eff. 2-4-2014)
(a) The landlord of a multifamily dwelling complex shall inspect each dwelling unit prior to leasing and shall comply with the following.
(1) The inspection of a dwelling unit shall be conducted by the landlord and the unit’s tenant:
a. A minimum of once annually; and
b. When the occupancy of the unit changes.
(2) The landlord shall sign each inspection report, and shall require a tenant to sign the report for the tenant’s dwelling unit. If the tenant disagrees with any notation made by the landlord on the report, the landlord shall permit the tenant to make written comments on the report prior to signing it. The tenant shall also note any discrepancies they have identified with the unit upon move in and the landlord shall initial those noted items. The landlord shall provide the tenant with a copy of the report after it is signed.
(3) The director shall determine which standards established by the minimum building standards code shall be covered by the inspection.
(4) The failure of a landlord to make inspections as required by this subsection (a), to maintain records of the inspections, and to permit inspection of those records pursuant to subsection (b) below shall cause the complex to fail inspection.
(b) A landlord shall maintain reports of the inspections conducted pursuant to subsection (a) above for all dwelling units within the multifamily dwelling complex.
(1) The reports shall either be on a form provided by the director or on a form that complies with the requirements of the director.
(2) A report shall include places for marking whether the dwelling unit complies with the standards set by the director to be included within the scope of the inspection, and shall include the names of all persons occupying the dwelling unit (other than overnight guests).
(3) A report shall also include:
a. The names of designated employees or other authorized persons who shall be assigned to respond to emergency conditions; and
b. A telephone number where said employees can be contacted during any 24-hour period. The telephone number may be for an answering service that has the capability to contact the designated employee immediately. Emergency conditions shall include fire, natural disaster, flood, collapse hazard, burst pipes or violent crime.
(c) The director shall develop and maintain a rental handbook and shall provide each multifamily dwelling complex with a copy of the handbook upon registration.
(1) The handbook shall be entitled, “The Fort Worth Rental Handbook.”
(2) The handbook shall include:
a. Grounds for eviction of a tenant;
b. Who may issue and who may deliver an eviction notice;
c. A tenant’s rights to challenge an eviction notice;
d. The name and phone number of any agencies a tenant may contact for information or assistance to challenge an eviction notice; and
e. The telephone number of the code compliance department.
(3) A landlord shall duplicate the handbook and shall provide a copy to each tenant, either at the time the tenant signs the lease or at the time the landlord conducts an inspection of the tenant’s dwelling unit as provided by this section.
(4) A landlord may provide a tenant with an alternative publication upon prior written approval issued to the landlord by the director.
(d) A landlord commits an offense if the landlord knowingly violates this section.
(Ord. 12791, § 1, passed 12-3-1996; Ord. 13181, § 1, passed 10-2-1997; Ord. 14929, § 1, passed 1-15-2002; Ord. 17827, § 6, passed 10-9-2007; Ord. 19998-12-2011, § 7, passed 12-6-2011)
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