(a) Probationary status.
(1) In addition to any other authority granted by this section or any other provision of the code of the City of Fort Worth, the director may place the registration of a multifamily dwelling complex on a probationary status if:
a. A landlord fails to correct a violation of the city code or applicable state statute within the time specified in a notice of violation; or
b. Any inspection reveals a repeat violation of the same provision of the city code or applicable state statute which had been identified within the preceding 12-month period.
(2) a. The duration of the probationary status shall begin upon the mailing of a notice by the director of the initiation of the probationary status and shall continue until both of the following conditions have been met:
1. All previously identified code violations at the complex have been corrected by the landlord and noted and approved by the director; and
2. No additional code or statutory violations are identified at the complex for 90 days after correction of the last violations as approved by the director.
b. The director shall impose a monthly administrative fee on the landlord for as long as the complex remains on probationary status.
(b) Suspension of registration.
(1) In addition to other authority granted by this section or any other provision of the code of the City of Fort Worth, if a complex fails to complete its probationary status within 180 days, the director may place the registration of such complex on suspended status. While under suspension, no unoccupied unit in the complex may be occupied and no occupied unit shall be occupied by new tenants until the complex has been in full compliance with the city code and all applicable laws for a minimum of 30 days. The registration shall remain suspended until the complex has been in full compliance with the city code and all applicable laws for a minimum of 180 days.
(2) If a complex has been on a suspended status at a previous time within the previous 36 months, no unit in the complex may be occupied by new tenants until it has been in full compliance for 90 days. The complex shall remain on suspension until it has been in full compliance with the city code and all applicable laws for 180 consecutive days.
(3) The director shall impose a monthly administrative fee on the landlord for as long as the complex remains on suspension status.
(c) Revocation of registration.
(1) In addition to other authority granted by this section or any other provision of the code of the City of Fort Worth, the director may revoke the registration of a multifamily dwelling complex if:
a. The complex is found to have one or more violations that constitute a danger to the health or safety of its tenants or the public at large and the landlord fails to correct such violation(s) within the time specified in a notice of violation; or
b. The complex has more than one fire, life and/or safety violation during any a 12-month period.
(2) A complex whose registration has been revoked may not do business until such registration has been reinstated. A complex whose registration has been revoked must be vacated within 30 days of such revocation. A landlord commits an offense each day or portion of a day the complex continues to offer a unit for rent while its registration is revoked and each day any unit remains occupied after the expiration of 30 days from the date of revocation.
(d) Appeal of probationary status, suspension or revocation of registration. A landlord may appeal the probationary status, suspension or revocation of registration to a designated hearing officer by filing a written request for appeal with the city secretary not later than 5:00 p.m. on the fifth business day following the date of notice. The appeal shall be heard by any designated hearing officer, who shall be appointed by the city council for a term of two years. Hearing officers shall report to and be under the administrative oversight of the director of municipal court services. The city council shall be authorized to remove hearing officers. The director of municipal court services shall be authorized to take disciplinary action against hearing officers other than removal. Hearing officers shall be exempt from the dismissal, suspension, and demotion provisions of Chapter 2, Article V of the code of the city. The appeal shall be by trial de novo and the director shall bear the burden of proving by a preponderance of the evidence that, on the date of revocation, that the complex had one or more code violations that constituted a danger to the health and safety of its tenants or the public at large and the landlord had failed to correct such violation(s) within a reasonable time after receiving written notice of such violations. The decision of the hearing officer can be appealed to a civil district court of Tarrant County within 30 days of the decision of the hearing officer; the review shall be by trial de novo. The requirement that the complex be vacated shall be suspended during the pendency of the appeal to the hearing officer, for 30 days after the hearing officer’s order, and during any appeal to the district court, court of appeals, or the Texas Supreme Court, and for 15 days after the exhaustion of all appeals.
(Ord. 19998-12-2011, § 8, passed 12-6-2011; Ord. 21491-10-2014, § 2, passed 10-14-2014)