ADMINISTRATIVE AND CIVIL REMEDIES

Fort Worth City Code ch. 7, art. IV, div. 4

in effect

Fort Worth City Code § 7-97 NOTICE OF VIOLATION.

§ 7-97 NOTICE OF VIOLATION. (a) When the director finds that any person has violated, or continues to violate, this article, the director may issue to such person a written notice of violation. (b) No later than the tenth calendar day after receipt of the notice, the person may submit to the director, a written response which describes a plan of action to correct or abate violations identified in the notice of violation. The plan shall include specific actions to be taken by the person and a specific completion date in which violations will be corrected or abated. (c) If the person denies that any violation is occurring, or contends that no corrective action is necessary, the person shall submit to the director no later than the tenth calendar day after receipt of the notice, a written explanation of the basis of any such denial or contention. The director shall review the written explanation of denial or contention and provide either a written or verbal response. (d) Submission of an explanation and/or plan of action in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. (e) Issuance of a notice of violation shall not be a bar against taking any other action against the person, nor shall issuance of a notice of violation be a prerequisite for, taking any other action against the person. (f) A notice of violation may be served either by personally serving the owner with written notice, or by mailing such notice by certified mail, return receipt requested to the person’s last known address and shall be deemed to have been served three calendar days after mailing. (Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)

Fort Worth City Code § 7-98 COMPLIANCE AGREEMENT.

§ 7-98 COMPLIANCE AGREEMENT. (a) Where the owner demonstrates the ability, resources and a reasonable action plan commensurate with the action necessary to comply with this article, the director may enter into a compliance agreement with any owner, lienholder or mortgagee of property that is not in compliance with this article. (b) The compliance agreement shall include a specific corrective plan of action to be taken by the owner, lienholder or mortgagee of the property to correct all violations of this article within a time period specified in the compliance agreement. (c) A compliance agreement shall not be a bar against taking any other action against the person, nor shall a compliance agreement be a prerequisite for taking any other action against the owner of property. (Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)

Fort Worth City Code § 7-99 RESERVED.

Fort Worth City Code § 7-100 PROCEEDINGS BEFORE THE COMMISSION.

§ 7-100 PROCEEDINGS BEFORE THE COMMISSION. (a) All cases to be heard by the commission shall be heard by a quorum of not less than six members. No decision by the commission shall be deemed rendered unless concurred in by a majority of those members in attendance, but by no less than a minimum of five members. (b) The commission shall select a chairperson who shall act as presiding officer during the hearing of all cases. (c) All owners, mortgagees and lienholders of the property shall be given an opportunity to present evidence at the hearing. Interested parties shall also be given an opportunity to present evidence. In a hearing to determine whether a building, property or structure is substandard, the owner, mortgagee or lienholder of the building or structure has the burden of proof to demonstrate the scope of work that may be required to bring the building or structure into compliance with this article and the time it will reasonably take to perform the work. (d) The commission shall establish rules of procedure for the conduct of hearings, but such rules shall be consistent with this article and applicable state law. (e) Meetings of the commission shall be held at the call of the director and at other times as determined by the commission. All meetings of the commission shall be open to the public. The chairperson, or in the chairperson's absence the acting chairperson, may administer oaths and compel the attendance of witnesses. (f) The director shall appoint an appropriate municipal official from the code compliance department to act as secretary for the commission. The secretary shall prepare and be the custodian of minutes for all commission proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The secretary shall keep records of the commission's examinations and other official duties. (g) The director may appoint an appropriate municipal official from the code compliance department, to present all cases and evidence before the commission. (Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 4, passed 3-19-2019; Ord. 26383-08-2023, § 1, passed 8-22-2023)

Fort Worth City Code § 7-100A PROCEEDINGS BEFORE MUNICIPAL COURT.

§ 7-100A PROCEEDINGS BEFORE MUNICIPAL COURT. The City of Fort Worth Municipal Court shall establish rules of procedure for the municipal court proceedings conducted under §§ 7-102A, 7-102B, 7-103, and 7-106 of this chapter, but such rules shall be consistent with this article and applicable state law. (Ord. 23577-03-2019, § 4, passed 3-19-2019)

Fort Worth City Code § 7-101 NOTICE OF PROCEEDINGS.

§ 7-101 NOTICE OF PROCEEDINGS. (a) The director shall give notice of all proceedings before the commission under § 7-102: (1) By certified mail, return receipt requested, to: a. The record owners of the affected property as shown by the records in the office of the county clerk of the county in which the affected property is located; and b. Each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from such records. (2) To all other persons by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. (3) The notice shall be mailed and posted on or before the tenth calendar day before the date of the hearing before the commission. Additionally, the notice shall be published in the official newspaper of the city on one occasion on or before the tenth calendar day before the date fixed for the hearing. (4) The notice shall state the date, time and place of hearing, and shall include a statement, that the owner, lienholder or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. The notice shall also inform the owner of his or her right to hire an attorney to represent him or her at the hearing; his or her right to inspect the file on the property at code compliance headquarters prior to the hearing; his or her right to request the presence of city staff for the purpose of questioning at the hearing; and shall advise the owner of his or her right to cross-examine city staff at the hearing. (b) In a municipal court proceeding under § 7-102A, the city shall give notice of all proceedings before the municipal court: (1) By certified mail, return receipt requested, to: a. The record owners of the affected property as shown by the records in the office of the county clerk of the county in which the affected property is located; and b. Each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from such records. (2) To all other persons by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. (3) The notice shall be mailed on or before the tenth calendar day before the date of the hearing before the municipal court. (4) The notice shall state the date, time and place of hearing, and shall include a statement, that the owner, lienholder or mortgagee, shall be required to submit at the hearing proof of the scope of any work that may be required to comply with this article, and the time in calendar days in which it will take to reasonably perform the work. The notice shall also inform the owner of his or her right to hire an attorney to represent him or her at the hearing; his or her right to inspect the file on the property at code compliance headquarters prior to the hearing; his or her right to request the presence of city staff for the purpose of questioning at the hearing; and shall advise the owner of his or her right to cross-examine city staff at the hearing. (c) The city may file a notice of a proceeding that is before the building standards commission or municipal court in the official public records of real property in the county in which the affected property is located. (1) The notice shall contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, a legal description of the property, and a description of the proceeding. (2) The filing of the notice is binding on subsequent grantees, lienholders or other transferees of an interest in the property who acquire such interest after the filing of the notice and constitutes notice of the proceeding on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. (3) When the city mails a notice in accordance with this section to a property owner, lienholder, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. (Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 23577-03-2019, § 5, passed 3-19-2019)

Fort Worth City Code § 7-102 HEARING BEFORE THE COMMISSION.

§ 7-102 HEARING BEFORE THE COMMISSION. (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)

Fort Worth City Code § 7-102A HEARING BEFORE A MUNICIPAL COURT.

§ 7-102A HEARING BEFORE A MUNICIPAL COURT. (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)

Fort Worth City Code § 7-102B CIVIL ACTION IN MUNICIPAL COURT.

§ 7-102B CIVIL ACTION IN MUNICIPAL COURT. 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)

Fort Worth City Code § 7-103 CIVIL PENALTY.

§ 7-103 CIVIL PENALTY. (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)

Fort Worth City Code § 7-104 WORK PERFORMED BY CITY.

§ 7-104 WORK PERFORMED BY CITY. (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)

Fort Worth City Code § 7-105 ASSESSMENT OF LIEN.

§ 7-105 ASSESSMENT OF LIEN. (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)

Fort Worth City Code § 7-106 ADDITIONAL AUTHORITY TO SECURE A BUILDING OR STRUCTURE.

§ 7-106 ADDITIONAL AUTHORITY TO SECURE A BUILDING OR STRUCTURE. (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. (g) The city may assess expenses for securing a building or structure in the manner provided for in § 7-105 above. A lien is created under this section in the same manner as a lien is created in § 7-105, and is subject to the same conditions as a lien created under that section. (Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 11, passed 3-19-2019)

Fort Worth City Code § 7-107 RESERVED.

§ 7-107 RESERVED. Editor’s note: Section 7-107 was added by Ord. 13743, § 1, passed 3-23-1999; amended by Ord. 15503, § 2, passed 4-1-2003; then reserved Ord. 21217-04-2014, § 2, passed 4-22-2014.

Fort Worth City Code § 7-108 JUDICIAL REVIEW.

§ 7-108 JUDICIAL REVIEW. (a) Any owner, lienholder or mortgagee of record of property jointly or severally aggrieved by an order of the building standards commission or municipal court issued under this article, may appeal the order by filing a verified petition in a Tarrant County civil district court. (b) The petition must be filed by an owner, lienholder or mortgagee within 30 calendar days after the mailing of the building standards commission or municipal court order. (c) If not timely appealed, the order of the building standards commission or municipal court becomes final as to the owners, lienholders and mortgagees upon the expiration of 30 calendar days after the mailing of the order. (d) If the building standards commission or municipal court ordered the subject property to be demolished, then the appeal to the district court shall be by trial de novo. Otherwise appeal to the district court shall be governed by the procedures outlined in Tex. Local Government Code Chapters 54 or 214. (e) Judicial review for proceedings under § 7-77.1. (1) The city shall publish an abbreviated copy of the order in a newspaper of general circulation within ten calendar days of the mailing of the order. The order shall include the following: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the content of the order; and d. Instructions stating where a complete copy of the order may be obtained. (2) A copy of the order shall be filed in the office of the city secretary. (3) If no appeal is taken from the decision of the building standards commission within the required period, the decision of the building standards commission is, in all things, final and binding. (4) Any owner, lienholder or mortgagee of record jointly or severally aggrieved by a decision of the building standards commission may appeal the decision by filing a verified petition in Tarrant County civil district court. (5) A lienholder does not have standing to bring a proceeding under this subsection (e) on the grounds that the lienholder was not notified of the proceedings before the building standards commission or was unaware of the condition of the property, unless the lienholder had first appeared before the building standards commission and entered an appearance in opposition to the proceedings. (6) The petition must be presented within 30 calendar days after the date a copy of the final decision of the building standards commission is mailed by first class mail, certified receipt requested, to all owners, lienholders and mortgagees of record. (7) The appeal to the district court shall be governed by the procedures outlined in Tex. Local Government Code Chapter 54 or 214. (Ord. 13743, § 1, passed 3-23-1999; Ord. 14629, § 1, passed 5-22-2001; Ord. 15503, § 3, passed 4-1-2003; Ord. 20104-03-2012, § 1, passed 3-20-2012; Ord. 21217-04-2014, § 3, passed 4-22-2014; Ord. 23577-03-2019, § 12, passed 3-19-2019)

Fort Worth City Code § 7-109 PRESERVATION OF HISTORIC PROPERTIES.

§ 7-109 PRESERVATION OF HISTORIC PROPERTIES. (a) Prior to the issuance of notice for a hearing under § 7-102 or § 7-102A of this article, a hearing will be conducted before the Historic and Cultural Landmarks Commission of the City of Fort Worth if the building or structure that is the subject of the hearing: (1) Meets either a. or b. and also c. below. a. Individually designated or pending designation as: 1. Highly significant endangered; 2. Historic and cultural landmark; or 3. Demolition delay. b. A contributing historic property located in an area designated or pending designation as an historic and cultural landmarks district. c. Is not a single-family dwelling occupied by the owner. (b) The director may secure the structure from entrance until the requirements in subsection (c) of this section are completed. (c) The landmarks commission shall review the condition of the building or structure to determine whether it can be reasonably rehabilitated and shall submit a written report of its findings and recommendations to the director within 60 calendar days from the date of the initial landmarks commission hearing. (d) If the landmarks commission determines that the building or structure cannot be rehabilitated, the director may proceed as provided in § 7-102 or § 7-102A above, and the building standards commission or municipal court may order its demolition. (e) If the landmarks commission determines that the building or structure can be reasonably rehabilitated, the city may not permit the building or structure to be demolished for at least 90 calendar days after the date the report is submitted to the director. During this 90-calendar day period, the city's historic preservation officer, shall notify the building or structure's owner to afford the owner an opportunity to attempt to identify a feasible alternative use for the building or structure or to locate an alternative purchaser to rehabilitate and maintain the building or structure. (f) If the city is not able to locate the owner or if the owner does not respond within the 90-calendar day period, the director may proceed as provided by § 7-101, and the city may then file suit pursuant to Tex. Local Government Code § 214.003 for the appointment of a receiver. A receiver may not be appointed for a building or structure that is an owner-occupied single-family residence or that is zoned nonresidential and used in a nonresidential character. (g) The director may proceed as provided in § 7-101, and the building standards commission or municipal court may order the demolition of a building or structure, if after the expiration of the 90-calendar day period the city is not able to: (1) Identify a feasible alternative use for the building or structure; (2) Locate an alternative purchaser to rehabilitate and maintain the building or structure; or (3) Appoint a receiver for the building or structure as provided by Texas Local Government Code § 214.003. (h) An owner of a substandard building or structure declared to be in violation of this article is not liable for penalties related to the building or structure that accrue during the 90-calendar day period provided for disposition of historic property under this section. (i) In determining whether to issue a certificate of appropriateness for the demolition of a non-contributing historic property, the city must follow the processes and procedures set forth in the Historic Preservation Ordinance for demolition requests by an applicant other than the city. (Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 13, passed 3-19-2019; Ord. 23984-12-2019, § 1, passed 12-17-2019, eff. 12-25-2019)

Fort Worth City Code § 7-110 QUARTERLY REPORT TO CITY COUNCIL OF BUILDINGS OR STRUCTURES ON THE DEMOLITION/REHABILITATION LIST.

§ 7-110 QUARTERLY REPORT TO CITY COUNCIL OF BUILDINGS OR STRUCTURES ON THE DEMOLITION/REHABILITATION LIST. (a) The director shall make quarterly reports to the city council of all buildings or structures on the city-funded demolition/rehabilitation list. The report shall list each building or structure by its street address, owners of record, city council district, length of time on the list, and its priority on the list. (b) The director shall list buildings or structures on the report as priority one demolish, priority one rehabilitate, priority two demolish, priority two rehabilitate, priority three demolish and priority three rehabilitate, and shall develop criteria for determining a building or structure’s placement in a category. (c) The city council, by a majority vote, may remove a building or structure from the list or may change its priority on the list. (Ord. 13743, § 1, passed 3-23-1999; Ord. 23577-03-2019, § 1, passed 3-19-2019)

Fort Worth City Code § 7-111 APPOINTMENT OF A RECEIVER.

§ 7-111 APPOINTMENT OF A RECEIVER. In accordance with Tex. Local Government Code § 214.003, the city may bring an action in district court against an owner of residential property that is not in substantial compliance with the minimum standards of this article, seeking an order from the court appointing a receiver to take control of and restore the property. (Ord. 13743, § 1, passed 3-23-1999)

Fort Worth City Code § 7-112 CIVIL ACTION WITHOUT COMMISSION HEARING.

§ 7-112 CIVIL ACTION WITHOUT COMMISSION HEARING. (a) The city may bring suit for injunctive relief and civil penalties against the owner of property in violation of this article, or to compel the demolition or repair of buildings or structures, as provided for by Tex. Local Government Code Chapter 54, Subchapter B. (b) Filing a suit for civil penalties, injunctive relief or other remedies shall not be a bar against, or a prerequisite for, taking any other action against a violator. (Ord. 13743, § 1, passed 3-23-1999)

Fort Worth City Code § 7-113 through 7-120 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/0-0-0-9866Fetched: 10/26/2026