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(a) The commission may, after notice and hearing as provided by this chapter, declare a building or structure to be in violation of this article only if the building or structure is proven by a preponderance of the evidence to be:
(1) Substandard;
(2) Substandard and a hazard to the public health, safety and/or welfare;
(3) Unoccupied by its owners, lessees or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;
(4) Boarded up, fenced or otherwise secured in any manner and;
a. Constitutes a danger to the public even though secured from entry; or
b. The means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building or structure by children or by vagrants or other uninvited persons as a place of harborage.
(5) A construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; or
(6) A construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration; their vandalism, or their harborage of rodents or insects.
(b) The commission may specify, in its written order:
(1) A reasonable time, in compliance with this section, for the building or structure to be vacated, secured, repaired, removed or demolished by the owner; and
(2) May specify a reasonable time for the owner to relocate the occupants and an additional reasonable time for any of the mortgagees or lienholders to take the ordered action in the event that the owner fails to comply with the order within the time provided for action by the owner.
(c) In the event that the owner fails to comply timely with the order of the commission, the only notice the city needs to furnish to a mortgagee or lienholder of the failure is a copy of the order.
(d) If the commission makes a finding under subsection (a) of this section, the commission shall order the owners, lienholders or mortgagees of the building or structure to within 30 calendar days:
(1) Secure the building or structure from unauthorized entry; and/or
(2) Repair, remove or demolish the building or structure, unless the owner, mortgagee or lienholder establishes at the hearing, by a preponderance of the evidence, that the work cannot reasonably be performed within 30 calendar days.
(e) If the commission allows the owner, mortgagee or lienholder more than 30 calendar days to repair, remove or demolish the building or structure, the commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(f) The commission shall not allow the owner, lienholder or mortgagee more than 90 calendar days to repair, remove or demolish the building or structure or fully perform all work required to comply fully with the order of the commission, unless the owner, lienholder or mortgagee:
(1) Submits a detailed plan and time schedule for the work at the hearing; and
(2) Establishes at the hearing that the work cannot reasonably be completed within 90 calendar days because of the scope and complexity of the work.
(g) If the commission allows the owner, lienholder or mortgagee more than 90 calendar days to complete any part of the work required to repair, remove or demolish the building or structure, the municipality shall require the owner, lienholder or mortgagee to regularly submit progress reports to the municipality to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the commission or the director to demonstrate compliance with the time schedule.
(h) Within ten calendar days after the date that the order is issued, the director shall:
(1) File a copy of the order with the city secretary;
(2) Publish in the official newspaper of the city a notice containing:
a. The street address or legal description of the property;
b. The date of the hearing;
c. A brief statement indicating the results of the order; and
d. Instructions stating where a complete copy of the order may be obtained.
(3) File a copy of the notice published pursuant to subsection (h)(2) above in the official public records of real property for the county in which the affected property is located.
(i) The order shall be deemed issued and effective on the date the commission hears and decides the case.
(j) The order shall be reduced to writing and signed by the chairperson of the commission.
(k) After the hearing, the director shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building or structure, and to any known lienholder and mortgagee of the building or structure.
(l) A hearing before the commission shall not be a bar against, or a prerequisite for, taking any other action against a violator.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 6, passed 3-19-2019)
(a) A hearing under this section may be held before a municipal court.
(b) The court may, after notice and hearing, as provided by this chapter, declare a building or structure to be in violation of this article only if the building or structure is proven by a preponderance of the evidence to be:
(1) Substandard;
(2) Substandard and a hazard to the public health, safety and/or welfare;
(3) Unoccupied by its owners, lessees or other invitees and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children;
(4) Boarded up, fenced or otherwise secured in any manner and;
a. Constitutes a danger to the public even though secured from entry; or
b. The means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building or structure by children or by vagrants or other uninvited persons as a place of harborage.
(5) A construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; or
(6) A construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration; their vandalism, or their harborage of rodents or insects.
(c) The court may specify, in its written order:
(1) A reasonable time, in compliance with this section, for the building or structure to be vacated, secured, repaired, removed or demolished by the owner; and
(2) May specify a reasonable time for the owner to relocate the occupants and an additional reasonable time for any of the mortgagees or lienholders to take the ordered action in the event that the owner fails to comply with the order within the time provided for action by the owner.
(d) In the event that the owner fails to comply timely with the order of the court, the only notice the city needs to furnish to a mortgagee or lienholder of the failure is a copy of the order.
(e) If the court makes a finding under subsection (a) of this section, the court shall order the owners, lienholders or mortgagees of the building or structure to within 30 calendar days:
(1) Secure the building or structure from unauthorized entry; and/or
(2) Repair, remove or demolish the building or structure, unless the owner, mortgagee or lienholder establishes at the hearing, by a preponderance of the evidence, that the work cannot reasonably be performed within 30 calendar days.
(f) If the court allows the owner, mortgagee or lienholder more than 30 calendar days to repair, remove or demolish the building or structure, the court shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed.
(g) The court shall not allow the owner, lienholder or mortgagee more than 90 calendar days to repair, remove or demolish the building or structure or fully perform all work required to comply fully with the order of the court, unless the owner, lienholder or mortgagee:
(1) Submits a detailed plan and time schedule for the work at the hearing; and
(2) Establishes at the hearing that the work cannot reasonably be completed within 90 calendar days because of the scope and complexity of the work.
(h) If the court allows the owner, lienholder or mortgagee more than 90 calendar days to complete any part of the work required to repair, remove or demolish the building or structure, the municipality shall require the owner, lienholder or mortgagee to regularly submit progress reports to the municipality to demonstrate that the owner, lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the court or the director to demonstrate compliance with the time schedule.
(i) Within ten calendar days after the date that the order is issued, the city shall:
(1) File a copy of the order with the city secretary;
(2) Publish in the official newspaper of the city a notice containing:
a. The street address or legal description of the property;
b. The date of the hearing;
c. A brief statement indicating the results of the order; and
d. Instructions stating where a complete copy of the order may be obtained.
(3) File a copy of the notice published pursuant to subsection (i)(2) above in the official public records of real property for the county in which the affected property is located.
(j) The order shall be deemed issued and effective on the date the court hears and decides the case.
(k) The order shall be reduced to writing and signed by the court.
(l) After the hearing, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building or structure, and to any known lienholder and mortgagee of the building or structure.
(m) A hearing before the court shall not be a bar against, or a prerequisite for, taking any other action against a violator.
(Ord. 23577-03-2019, § 7, passed 3-19-2019)
Pursuant to Texas Government Code § 30.00005, the Fort Worth Municipal Court has civil jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances under Subsection B, Chapter 54, Texas Local Government Code.
(Ord. 23577-03-2019, § 7, passed 3-19-2019)
(a) After the time to comply with an order of the commission or municipal court issued pursuant to §§ 7-102 or 7-102A has lapsed, the commission or municipal court may hold a hearing on violations of the order and may assess a civil penalty against the property owner, in an amount not to exceed $1,000 per day per violation, or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10 per day per violation, if at the hearing the city proves:
(1) The property owner was notified of the requirements of this article and the owner's need to comply with the requirements, and was notified of the commission's or municipal court's order; and
(2) After notification, the property owner committed an act in violation of this article or failed to take an action necessary to bring the building or structure into compliance with this article and the order of the commission or municipal court.
(b) In a proceeding under § 7-77.1 the building standards commission after notice and hearing may assess a civil penalty against the property owner, in an amount not to exceed $1,000 per day per violation, if at the hearing the city proves:
(1) The property owner had actual notification of the requirements of the ordinance and the owner's need to comply with the requirements; and
(2) After actual notification, the property owner committed an act in violation of this article or failed to take an action necessary to bring the property into compliance with the ordinance.
(c) A determination made by the commission panel or municipal court constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the city for final judgment in accordance with the established penalty.
(d) To enforce the civil penalty, the city secretary shall file with the Tarrant County district clerk a certified copy of the order of the commission panel or municipal court establishing the amount and duration of the civil penalty.
(e) No other proof shall be required for a district court to enter final judgment on the penalty.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 8, passed 3-19-2019)
(a) If the commission's or municipal court's order to vacate, secure, repair, remove or demolish the building or structure is not complied with within the allotted time, the director may vacate, secure, remove or demolish the building or structure, or relocate the occupants of the building or structure, at the city's expense. This subsection (a) does not limit the ability of a municipality to collect on a bond, letter of credit from a financial institution or guaranty from a third party or other financial guaranty.
(b) The director may repair the building or structure only to the extent necessary to bring the building or structure into compliance with the minimum standards of this article, and only if the building or structure is a residential building or structure with ten or fewer dwelling units. The repairs shall not improve the building or structure to the extent that the building or structure exceeds minimum building standards.
(c) After securing a building or structure as provided in subsection (a) above, the director may post a notice to vacate on or near the front door of the building or structure. The notice to vacate must be in substantially the following form:
DO NOT OCCUPY
This building or structure is in violation of the City Code of the City of Fort Worth.
Occupancy is suspended until such time as the violations are corrected and approved by the Director of the City of Fort Worth code compliance department.
It is a misdemeanor to occupy this building or structure or to remove or deface this notice.
(d) In a proceeding under § 7-77.1 if the commission's order is not complied with within the allotted time, the director may act upon the order at the city's expense.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 9, passed 3-19-2019)
(a) If the city incurs expenses under § 7-104 the city may assess the expense on, and the city has a lien against, the property on which the building or structure was located.
(b) If the commission or municipal court assesses a civil penalty under § 7-103, the city has a lien against the property on which the building or structure was located to secure payment of any civil penalty.
(c) A lien may not be made on property protected as a homestead under the Texas Constitution except in a proceeding under § 7-77.1.
(d) The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located.
(e) The notice of the lien shall contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building or structure was located, the amount of expenses incurred by the municipality, and the balance due.
(f) Except as provided by subsection (g) below, the city's lien to secure payment of a civil penalty or the costs of repairs, removal or demolition, is inferior to any previously recorded bona fide mortgage lien attached to the real property, if the mortgage lien was filed for record in the office of the county clerk of the county in which the real property is located before the civil penalty is assessed or the repair, removal or demolition is begun by the city. The city's lien is superior to all previously recorded judgment liens.
(g) If notice is given and the opportunity to relocate the occupants of the building or structure or to repair, remove or demolish the building or structure is afforded to each mortgagee and lienholder, the lien is a privileged lien subordinate only to tax liens.
(h) Any civil penalty or expenses assessed by the city under this article shall accrue interest at the rate of 10% per annum from the date of the assessment until paid in full. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses and the civil penalty.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 10, passed 3-19-2019)
(a) Without a prior hearing before the commission or municipal court, the director may secure a building or structure the director determines:
(1) Is substandard and a hazard to the public health, safety and/or welfare;
(2) Is unoccupied or is occupied only by persons who do not have a right of possession to the building or structure;
(3) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage; and
(4) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration, their vandalism, or their harborage of rodents or insects.
(b) After securing a building or structure as provided in subsection (a) above, the director may post a notice to vacate on or near the front door of the building or structure. The notice to vacate must be in substantially the following form:
DO NOT OCCUPY
This building or structure is in violation of the City Code of the City of Fort Worth.
Occupancy is suspended until such time as the violations are corrected and approved by the Director of the City of Fort Worth code compliance department.
It is a misdemeanor to occupy this building or structure or to remove or deface this notice.
(c) Before the eleventh calendar day after the date the building or structure is secured, the director must give notice to the owner by:
(1) Personally, serving the owner with written notice;
(2) Mailing such notice by certified mail, return receipt requested to the owner at the owner's last known post office address and shall be deemed to have been served three calendar days after mailing;
(3) Publishing the notice at least twice within a ten-calendar day period in the official newspaper of the city if personal service cannot be obtained and the owner's post office address is unknown; or
(4) Posting the notice on or near the front door of the building or structure if personal service cannot be obtained and the owner's post office address is unknown.
(d) The notice must contain:
(1) An identification, which is not required to be a legal description, of the building or structure and the property on which it is located;
(2) A description of the violation of the standards established by this article;
(3) A statement that the director has secured the building or structure; and
(4) An explanation of the owner's entitlement to request a hearing about any matter relating to the director's securing of the building or structure.
(e) The commission or municipal court shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the director's securing of the building or structure, if within 30 calendar days after the date the director's secures the building or structure, the owner files a written request for a hearing with the director. The commission or municipal court shall conduct the hearing within 20 calendar days after the date the owner files a request for hearing.
(f) The commission or municipal court will conduct the hearing in the manner provided for by this division. The issues to be determined in such hearing are:
(1) Whether the building or structure was substandard, and a hazard to the public health, safety and/or welfare at the time it was secured;
(2) Whether the building or structure, at the time it was secured, was unoccupied or was occupied only by persons who did not have a right to possession of the building or structure;
(3) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and the site is not secured by a fence or other means to prevent its use by children or by vagrants or other uninvited persons as a place of harborage;
(4) Whether the building or structure is a construction site where there has been no significant construction work done in the previous three months, and all building materials and construction equipment and tools have neither been removed from the site nor secured at the site to prevent their use by children, their theft, their deterioration, their vandalism, or their harborage of rodents or insects; and
(5) Whether the expenses incurred by the city to secure the building or structure were reasonable.
(Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 11, passed 3-19-2019)
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