GENERALLY

Fort Worth City Code ch. 7, art. X, div. 1

in effect

Fort Worth City Code § 7-418 DEFINITIONS.

§ 7-418 DEFINITIONS. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meaning hereinafter designated. Where terms are not defined, they shall have their ordinary accepted meanings. CODE COMPLIANCE DIRECTOR. The director of the code compliance department, or the director’s duly authorized representative. DIRECTOR. The code compliance director and the director’s authorized representatives. DWELLING UNIT. One or more habitable rooms, including an efficiency unit, which is intended to be occupied by one or more persons for living, sleeping, cooking, eating and sanitation purposes. EFFICIENCY UNIT. A dwelling unit with one habitable room that contains facilities used for combined sleeping, living, cooking, eating and sanitation purposes. 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 division (October 22, 2007). OWNER. Any person holding title to a one-family, two-family dwelling or unit of a two-family dwelling, according to the deed records in the county clerk’s office of the county in which the complex is situated, or the duly authorized agent of the person holding title to a one-family, two-family dwelling, or unit of a two-family dwelling, 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. ONE-FAMILY DWELLING. A dwelling designed exclusively for residential occupancy by not more than one family, including a community-based residential home as defined by the Community Homes for Disabled Persons Location Act, Tex. Human Resources Code Chapter 123.001. One-family dwelling shall not include a two-family dwelling as defined by this section or a multifamily dwelling as defined by § 7-394 of Article IX. TWO-FAMILY DWELLING. A dwelling designed exclusively for residential occupancy by two families, including a community-based residential home as defined by the Community Homes for Disabled Persons Location Act, Tex. Human Resources Code Chapter 123.001. Two-family dwelling shall not include a one-family dwelling as defined by this section or a multifamily dwelling as defined by § 7-394 of Article IX. (Ord. 17827, § 10, passed 10-9-2007)

Fort Worth City Code § 7-419 PURPOSE.

§ 7-419 PURPOSE. The purpose of this division is to safeguard the life, health, safety, welfare and property of individuals who, by rent, lease or permission, occupy one-family and dwelling units of two-family dwellings and the general public by developing a process to enforce the minimum building standards, and to provide equitable and practical criminal, administrative and civil penalties for the violation of minimum building standards. (Ord. 17827, § 10, passed 10-9-2007)

Fort Worth City Code § 7-420 APPLICABILITY AND ADMINISTRATION.

§ 7-420 APPLICABILITY AND ADMINISTRATION. (a) This division shall apply to all one-family dwellings and dwelling units of two-family dwellings, as defined herein, 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 division and the minimum building standards code. (Ord. 17827, § 10, passed 10-9-2007)

Fort Worth City Code § 7-421 REGISTRATION REQUIRED.

§ 7-421 REGISTRATION REQUIRED. (a) An owner of a one-family dwelling or a dwelling unit of a two-family dwelling shall be required to register a minimum of two consecutive years if: (1) It does not score at least 100 points, out of a possible one hundred 125 points, according to the periodic inspection report scale attached as Exhibit “B;” (2) It has an inspection score of 100 to 120 points, according to the periodic inspection report scale attached as Exhibit “B,” and violations are not corrected within 30 calendar days; or (3) An inspection uncovers a fire safety and/or public health and sanitation violation including, but not limited to: a. Non-working doors, windows or escape routes required for emergency exit; b. Non-working smoke detectors; c. Inadequate heated air as required by city code; d. Inadequate heated water as required by city code; e. Unsafe or hazardous plumbing systems; f. Unsafe or hazardous electrical systems; or g. Hazardous structural conditions that could cause serious bodily injury due to collapse or partial collapse of a dwelling unit’s structural member. (b) If during the period in which a one-family dwelling or dwelling unit of a two-family dwelling is registered, a subsequent condition that would require registration under subsection (a) above occurs, then the one-family dwelling or dwelling unit of a two-family dwelling shall be subject to all registration requirements of this division and fee requirements as set out in § 7-423(a) of this division for an additional year. The additional registration year shall commence from the date the current period of registration expires. (Ord. 17827, § 10, passed 10-9-2007) Editor’s note: Exhibit “B” is not set out herein, but is on file and available for inspection in the offices of the city.

Fort Worth City Code § 7-422 REGISTRATION.

§ 7-422 REGISTRATION. (a) An owner who rents, leases to or allows another person to occupy a one-family dwelling or dwelling unit of a two-family dwelling, and is required to register by this division, shall file with the city a written registration application, on the form provided for that purpose, and signed by the owner of the dwelling to be registered. (b) The registration shall be on a form prescribed by the code compliance director, and shall at a minimum contain the following information: (1) The trade name, physical address and business address; (2) The names, addresses and telephone numbers of the owner, property manager and resident manager; and the type of business entity which owns the complex; (3) The name and physical address 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 section; (4) The names, addresses and telephone numbers of any mortgagees; (5) If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and 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; and i. For any other legal entity not named above, a duly authorized agent. (6) 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 (7) If any change in the information required by this section occurs the owner shall notify the code compliance director within 30 days of the change, in a manner prescribed by the code compliance director. (Ord. 17827, § 10, passed 10-9-2007)

Fort Worth City Code § 7-423 FEES.

§ 7-423 FEES. (a) A first year fee of $200 for each one-family dwelling or dwelling unit of a two-family dwelling required to register shall be: (1) Submitted with the registration form required by this division; and (2) Submitted with a new registration upon a change of ownership of the one-family dwelling or dwelling unit of a two-family dwelling. (b) Unless an additional year has been added under § 7-421(b), a second year fee of $100 for each one-family dwelling or dwelling unit of a two-family dwelling required to register shall be: (1) Submitted with the registration form required by this division; and (2) Submitted with a new registration upon a change of ownership of the one-family dwelling or dwelling unit of a two-family dwelling. (c) A registration is valid for one year from the date the completed registration form is filed in the office of the code compliance director, and payment of the registration fee for that year has been made, unless the ownership of the complex changes. (d) A registration is not assigned or transferable. 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 code compliance director, and pay a new registration fee. (e) If a one-family dwelling or dwelling unit of a two-family dwelling fails a follow-up inspection, the city shall assess the owner a follow-up inspection fee of $25. Written notice of the assessed follow-up inspection fee shall be sent by the code compliance director via United States mail to the owner. (f) The owner of a one-family dwelling or dwelling unit of a two-family dwelling must file with the code compliance director a written request for an administrative hearing not later than the thirtieth day after the fee is assessed under subsection (e) above. The fee shall be considered assessed on the date the notice is mailed by the city to the landlord. (g) An administrative hearing shall be conducted by the code compliance director on the assessment of a fee under subsection (e) of this section not later than the twentieth day after the date the hearing request is filed. (Ord. 17827, § 10, passed 10-9-2007)

Fort Worth City Code § 7-424 INSPECTION AND REPORTING.

§ 7-424 INSPECTION AND REPORTING. (a) An owner shall inspect each dwelling for compliance with the standards set forth in the attached Exhibit “A” of this division. Inspections shall be recorded on a form approved by the code compliance director. (b) The inspection of a dwelling shall be conducted a minimum of once annually and at any time when the occupancy changes. (c) The owner shall sign each inspection report, and shall require a tenant to sign the report for the tenant’s dwelling. If the tenant disagrees with any notation made by the owner on the report, the owner shall permit the tenant to make written comments on the report prior to signing it. The owner shall provide the tenant with a copy of the report after it is signed. (d) An owner shall maintain a copy of the report of every inspection conducted pursuant to this section for a minimum of three years. A copy of the reports maintained by an owner pursuant to this subsection (d) shall be provided to the code compliance director upon request. (e) A notice for reporting code violations to the city shall be provided to the tenants once annually and at any time when the occupancy changes. The notice shall be in a form provided by the code compliance director. (f) The code compliance director may conduct: (1) Inspections based on indication of code violations; (2) Periodic inspections; and (3) Follow-up inspections. (g) The following areas shall be subject to periodic inspection by the code compliance director: (1) All building exteriors; (2) Vacant dwelling units, with the owner’s consent; and (3) Occupied dwelling units upon receipt of complaint by the unit’s tenant during a periodic inspection. (h) The code compliance director is authorized to make follow-up inspections of a one-family dwelling or dwelling unit of a two-family dwelling which fails an initial inspection or a periodic inspection. (i) In addition to other authority granted by this division, the code compliance 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. (Ord. 17827, § 10, passed 10-9-2007) Editor’s note: Exhibit “A” is not set out herein, but is on file and available for inspection in the offices of the city.

Fort Worth City Code § 7-425 CRIMINAL ENFORCEMENT.

§ 7-425 CRIMINAL ENFORCEMENT. A violation of this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (Ord. 17827, § 10, passed 10-9-2007; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)

Fort Worth City Code § 7-426 CIVIL ENFORCEMENT.

§ 7-426 CIVIL ENFORCEMENT. (a) The city may invoke Tex. Local Government Code §§ 54.012 through 54.019, as amended, and petition the state district court or the applicable county court at law, through the city attorney, for either injunctive relief, civil penalties, or both injunctive relief and civil penalties, whenever it appears that a person has violated, or continues to violate, any provision of this chapter. (b) Pursuant to Tex. Local Government Code § 54.016, as amended, the city may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that: (1) Prohibits specific conduct that violates the ordinance; or (2) Requires specific conduct that is necessary for compliance with the ordinance. (c) Pursuant to Tex. Local Government Code § 54.017, as amended, the city may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this chapter that relates to any matter specified in subsection (a) above, if the city proves that: (1) The defendant was actually notified of the provisions of the chapter; and (2) After the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinances or failed to take action necessary for compliance with the ordinance. (d) The city may also institute suit to recover the cost of any actual damages incurred by the city, and any costs of response, remediation, abatement and restoration incurred by the city as allowed under state or federal laws, or at common law. (e) In determining the amount of civil liability, the court should take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factors as justice requires. (Ord. 17827, § 10, passed 10-9-2007)

Fort Worth City Code § 7-427 through 7-429 RESERVED.

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/0-0-0-43701Fetched: 10/26/2026