Enforcement and Penalties for Fort Worth Zoning Ordinance Violations
Violations of the City of Fort Worth zoning ordinance are subject to criminal fines of up to $2,000 per offense, with each day a violation continues constituting a separate offense. The City of Fort Worth may also seek civil remedies, including injunctions to stop construction, orders to remove unlawful structures, or the suspension of all active development permits on the property. Repeat offenders face mandatory minimum fines ranging from $250 to $2,000 depending on their residential status and previous conviction history.
Enforcement Authority and Process
The City of Fort Worth City Manager, through the designated proper department, is the official enforcement agent for all zoning regulations [§ 8.100]. If a building or structure is erected, constructed, reconstructed, altered, or maintained in violation of the City of Fort Worth zoning code, the municipality is authorized to institute several types of legal action to:
- Prevent the unlawful construction or use;
- Restrain, correct, or abate the violation;
- Prevent the occupancy of the building or land; and
- Prevent any illegal act or conduct on the premises [§ 8.102].
Criminal Penalties and Fines
The City of Fort Worth imposes strict financial penalties for non-compliance. Under the City of Fort Worth code, the maximum fine for any violation is $2,000 per day [§ 8.101]. The City of Fort Worth also enforces mandatory minimum fines for repeat offenders who have been convicted of an offense within the preceding three years.
Table: Fines and Penalties for Zoning Violations
| Conviction History (within 3 years) | Residential Occupant Minimum Fine | Non-Residential Occupant Minimum Fine |
|---|---|---|
| First Offense (Maximum) | $2,000 | $2,000 |
| One Previous Conviction | $250 | $1,000 |
| Two or More Previous Convictions | $500 | $2,000 |
[Section 8.101]
Violations in Special Districts and Overlays
The City of Fort Worth applies additional consequences for violations occurring in specific overlay districts or regarding protected resources.
Planned Development (PD) Districts
In a City of Fort Worth Planned Development ("PD") District, any construction or use that fails to comply with the approved site plan is considered a direct violation of the ordinance that granted the "PD" zoning change [§ 4.304(c)].
Conservation and Historic Districts
Violations in a City of Fort Worth Conservation ("CD") Overlay District carry a fine of up to $2,000 for each day the violation exists [§ 4.400(j)(2)]. In City of Fort Worth Historic Overlay Districts, if a historic property is demolished or relocated without a Certificate of Appropriateness (COA), the following restrictions apply to the site:
- No building permits (except for restoration) will be issued for five years.
- No permits for curb cuts will be issued for three years.
- No parking lots for vehicles may be operated for three years.
- The owner must maintain all existing trees and landscaping in a clean and orderly state [§ 4.401(h)(2)].
Urban Forestry and Tree Removal
The City of Fort Worth strictly regulates the removal of trees six inches or greater in diameter. Illegal removal of each individual tree constitutes a separate offense [§ 6.302(b)(1)]. Penalties include:
- Misdemeanor fines up to $2,000.
- Civil penalties for significant trees based on the value of the tree removed [§ 6.302(b)(3)].
- The immediate suspension of all existing permits or permit applications for the property until all work is completed and fines are paid in full [§ 6.302(b)(2)].
Appeals and Stays of Enforcement
If a property owner is cited for a violation, filing an appeal to the City of Fort Worth Board of Adjustment generally stays all enforcement proceedings related to the action being appealed. However, enforcement is not stayed if the City of Fort Worth building official certifies in writing that a stay would cause "imminent peril to life or property" [§ 3.201(f)].
Sections Cited
- § 3.201 Appeal of Interpretation by the Zoning Administrative Official
- § 4.304 Considerations for Site Plan Approval
- § 4.400 Conservation ("CD") Overlay District
- § 4.401 Historic Preservation Ordinance - Historic Overlays
- § 6.302 Urban Forestry
- § 8.100 Enforcement Agent
- § 8.101 Violations and Penalties
- § 8.102 Additional Remedies