REVOCATION OF CERTIFICATE OF OCCUPANCY; NOTICE; HEARING, APPEAL.
Fort Worth City Code § 23-111
in effect§ 23-111 REVOCATION OF CERTIFICATE OF OCCUPANCY; NOTICE; HEARING, APPEAL.
(a) If the chief or director determines that the owner has failed to comply with the conditions placed on the commercial property in accordance with Sections 23-106 and 23-107, or failed to pay the fee required by Section 23-109, the city may proceed with revocation of the certificate of occupancy for the business as provided by this section.
(b) If a property that has been declared a habitual nuisance property is the site of three or more additional criminal activities or citations issued for code violations during the time it is declared a habitual nuisance property, the city may proceed with revocation of the certificate of occupancy as provided by this section.
(c) The chief or director shall notify the owner of the commercial property in writing of the chiefs or director's determination that the certificate of occupancy should be revoked and the reason for the revocation. The chief or director shall provide the owner with notice to attend a hearing where the chief or director will make a final determination on the revocation of the certificate of occupancy. The notice must include a copy of this article.
(d) The chief or director shall make all reasonable efforts to schedule the revocation hearing during a time when the owner is available.
(e) At the revocation hearing:
(1) The owner may present evidence that the property has not been the site of three or more additional criminal activities or citations issued for code violations within the time period the property has been declared a habitual nuisance property; and
(2) The owner may present evidence that the owner complied with the conditions in Sections 23-106, 23-107 or 23-109.
(f) Not later than 30 days after the date of the revocation hearing, the chief or director shall provide the owner with notice of the chief or director's determination as to the revocation of the certificate of occupancy. If the owner fails to appeal the decision of the chief or director revoking the certificate of occupancy, the chief or director's determination is final, and the building official shall revoke the certificate of occupancy immediately after receiving written notice from the chief or director.
(g) Any owner aggrieved by the chief or director's determination revoking the certificate of occupancy under this section may file a written notice of appeal with the clerk of the municipal court. The appeal shall be heard by the city's hearing officer. The notice of appeal must be filed not later than ten calendar days after the date the owner receives notice of the chief or director's revocation determination. The notice of appeal should briefly state therein the basis for such appeal. If a written notice of appeal is filed with the municipal court within the ten-day limit, the hearing officer shall hear the appeal. The clerk shall set a date for the hearing and notify the owner.
(h) The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling based on a preponderance of the evidence presented at the hearing.
(i) In reviewing the chief or director's determination on appeal, the hearing officer is limited to the issues of whether:
(1) The property has been the site of three or more additional criminal activities or citations issued for code violations within the time period the property has been declared a habitual nuisance property; or
(2) The owner failed to comply with the conditions of Sections 23-106, 23-107 or 23-109 at the time of the chief or director's decision to revoke the certificate of occupancy.
(j) The hearing officer may affirm or reverse the revocation determination of the chief or director being appealed. The decision of the hearing officer is final.
(k) If the chief or director's revocation determination is affirmed, the building official shall revoke the certificate of occupancy immediately after receiving written notice from the chief or director.
(l) A revocation based on Section 23-111(b) shall be for a minimum period of one year. A revocation based on Section 23-111(a) shall remain in effect until the owner demonstrates compliance with Sections 23-106, 23-107 or 23-109, as applicable. Once a certificate of occupancy is revoked under this section, the owner must request a new certificate of occupancy be issued in accordance with the procedures established by the City of Fort Worth. Prior to issuing a new certificate of occupancy, the building official must confirm with the chief or director, as applicable, that the owner is in compliance with Sections 23-106, 23-107 or 23-109, as applicable.
(Ord. 28369-03-2026, § 2, passed 3-10-2026, eff. 3-27-2026)
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-77794Fetched: 10/26/2026