0561 ORDINANCENO. ;/
AN ORDINANCE PROVIDING FOR THE ISSUltNCE OF ADMINISTRATIVE
SEARCH WARRANTS AND ENFORCEMENT ORDERS FOR THE PURPOSE
OF INSPECTIONS AND ENFORCEMENT OF ORDINANCES OF THE CITY
OF SOUTMLAKE; PROVIDING TF~AT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city
acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the City Council of the City of Southlake deems it
necessary to provide a procedure for the investigation and
enforcement of ordinances by city inspectors to ensure that the
public health, safety and welfare is maintained in accordance with
applicable codes and ordinances of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
ARTICLE I. GENERAL
SECTION 1
DEFINITIONS
For the purposes of this ordinance:
ENFORCEMENT ORDER shall mean a written order issued by a
Magistrate authorizing entry by the City onto specified premises
for the purpose of abating a nuisance or other condition which is
in violation of City Ordinance or State Statute.
INSPECTOR shall mean any official inspector for any department
of the city of Southlake who is charged with the enforcement of
city ordinances, including but not limited to inspectors for the
5iake\admnsrch-ord -1
departments of zoning, environmental control, housing, building
inspection, fire inspection and health inspection.
MAGISTRATE shall mean the judge of the municipal court of the
City of Southlake, Texas, or any other person or position
designated as a magistrate by state law.
SEARCH WARRANT shall mean a written order issued by a
Magistrate and directed to any Inspector or peace officer
commanding him to a specified premises to determine the presence
of a violation of any ordinance of the City of Southlake.
SECTION 2
CONFLICTS; ADDITIONAL REMEDIES
Nothing contained in this ordinance shall be construed to
conflict with any state or federal law and shall be in addition to
any rights granted thereby. The City or any Inspector or peace
officer may seek other available enforcement remedies, both civil
and criminal, in addition to those allowed by this ordinance.
Nothing in this ordinance shall be construed to prevent the City
or any Inspector from performing inspections or abatement work
without the necessity of a warrant or order where authorized by
law.
ARTICLE II. ADMINISTRATIVE SEARCH WARRANTS
SECTION 3
SEARCH WARRANTS AUTHORIZED
Except as provided in Section 4 below, inspectors are hereby
authorized to seek and obtain search warrants from magistrates as
provided in this ordinance before making an inspection incidental
to the enforcement of any provision of the Zoning Ordinance,
Building Code, Plumbing Code, Mechanical Code, Electrical Code,
4 Lak e\admn~rch, ord 2-
Fire Code, or any ordinances related to the use or condition of
property or a nuisance on the property.
SECTION 4
AUTHORIZED SEARCHES WITHOUT A WARRANT
Search warrants shall not be required under the following
circumstances:
1. When permission to inspect the premises has been granted
by someone with apparent charge or control of those premises. For
the purpose of this paragraph, permission to inspect may be granted
either verbally, in writing or by some other action indicating
consent; or
2. When there exists an imminent danger or peril to human
life, limb or property and any delays resulting from the
application for a search warrant would materially increase the
likelihood of loss from such danger or peril; or
3. When the inspection can be executed by a person who is
an invltee on premises held open to the general public. For the
purposes of this paragraph, a person ceases to be an invitee when
he has been instructed to leave the premises or otherwise terminate
someone having charge or control of those
his inspection by
premises; or
4. When the
inspection can be executed from public property
or adjacent private property with the permission of someone with
apparent charge or control of such adjacent private property; or
5. When the inspection is an open fields inspection of or
from an unoccupied or undeveloped area.
SECTION 5
PROBABLE CAUSE FOR SEARCH WARRANT
No search warrant shall be issued pursuant to this ordinance
except on the presentation of evidence of probable cause to believe
that a violation is present or that
standards for conducting an inspection
to the premises sought to be inspected.
reasonable
are satisfied with
A sworn affidavit
administrative
respect
setting
forth substantial facts toward establishing probable cause or
reasonable administrative standards shall be filed in every
instance in which a search warrant is requested. In determining
probable cause, the Magistrate shall consider the totality of the
circumstances behind the issuance of the search warrant and may
consider and weigh evidence of specific knowledge or any other
evidence that a substantial basis exists that a search warrant
would uncover evidence of a violation. In determining whether
reasonable administrative standards are satisfied for the issuance
of a warrant, the Magistrate may consider and weigh the following:
1. The age and general condition of the premises;
2. Previous violations or hazards found present on the
premises and the scope and objects of the search;
The type of premises;
4. The purposes for which the premises are used;
5. The presence of hazards or violations and the
general condition of premises near the premises sought to be
inspected; or
6. The passage of time since a previous
inspection.
st ake\admnsrch.ord 4-
SECTION 6
CONTENT OF SEARCH WARRANT
A search warrant issued pursuant to this ordinance shall
sufficient if it contains the following requisites:
be
1. That it run in the name of the "State of Texas;"
2. That it identify as near as may be the premises to
be inspected, and the scope and objects of the search;
3. That it command an inspector or peace officer
inspect forthwith the premises described; and
4. That it be dated and signed by the magistrate.
SECTION 7
EXECUTION OF SEARCH WARRANT
The inspector shall, upon going to the premises ordered to be
to
inspected, give notice of his purpose to the person who has charge
or control of the premises described in the warrant. If such
person cannot be found, a search may be conducted in accordance
with the search warrant, only if the premises are open and clearly
unoccupied. In such circumstances, a copy of the warrant shall be
affixed to the front door of the building or gate of the premises
inspected. If entry cannot be gained to the premises without the
use of force, however slight, including for example the force
necessary to open an unlocked door or to climb into an open window,
or if the premises are occupied for either residential or business
purposes, a search shall not be conducted unless authorized under
the provi~ion~ of Section 4 of this ordinance. In every instance,
entry shall be effected using the minimum force necessary according
to the circumstances.
SECTION 8
DAYS ALLOWED FOR SEARCH WARRANT TO RUN
An inspector to whom a search warrant is delivered shall
execute it without delay and forthwith return it to the proper
magistrate. The time allowed for the execution of a search warrant
shall be three (3) whole days exclusive of the day of its issuance
and of the day of its execution, or such shorter period as may be
ordered by the magistrate. The magistrate issuing a search warrant
under the provisions of this section shall endorse on such search
warrant the date and hour of the issuance of the same. Upon
returning the search warrant, the inspector shall state on the back
of same or on some paper attached to it, the manner in which it has
been executed and shall likewise deliver to the magistrate a copy
of the report resulting from that inspection. The magistrate shall
keep a record of all proceedings had before him in the cases of
search warrants as part of the official records of his court.
SECTION 9
POWER OF INSPECTOR EXECUTING SEARCH WARRANT
In the execution of a search warrant, the inspector may call
to his aid any number of citizens in the City who shall be bound
to aid in the execution of same. Any person interfering with the
execution of a lawful search warrant, issued pursuant to this
ordinance, shall be guilty of a misdemeanor. The execution of a
search warrant issued pursuant to this ordinance shall not include
any authority to seize tangible goods or any authority to make
arrests without the assistance of a peace officer.
ARTICLE III. ADMINISTRATIVE ENFORCEMENT ORDERS
SECTION
ENFORCEMENT ORDERS AUTHORIZED
Where civil enforcement by the City is authorized by ordinance
or statute, Inspectors are hereby authorized to seek and obtain an
administrative enforcement order from the Magistrate authorizing
entry upon private property for the purpose of abating any public
nuisance or other violation of an ordinance or statute which
adversely affects the public health, safety or welfare. The
Inspector shall present to the Magistrate a sworn affidavit setting
forth substantial facts establishing that a violation of the city
ordinance or state statute exists and that requisite notice has
been given under the ordinance or statute. The Magistrate shall
issue an enforcement order if he determines:
1. That facts exist to show that a violation of a
statute or ordinance has occurred;
2. That the abatement of the nuisance or violation is
in the best interest of the public health, safety or welfare;
and
3. That the proposed abatement action is reasonable
under the circumstances.
SECTION
CONTENT OF ENFORCEMENT ORDER
An enforcement order issued by a magistrate pursuant to this
ordinanc~ shall contain the following requisites:
1. That it identify as near as may be the premises
which are in violation of ordinance or statute;
2 o
improvements
violation;
3. That
conditions as
That it reasonably specify the scope of the work or
to be performed by the City in abating the
it set forth such
the Magistrate deems
the premises will be adequately
or improvements are no greater
to abate all conditions which
health, safety or welfare;
to
other requirements or
necessary to assure that
protected and that the work
than is reasonably necessary
adversely affect the public
That it specify a reasonable amount of time in which
carry out such enforcement order.
SECTION 12
AUTHORIZED ENTRY WITHOUT AN ENFORCEMENT ORDER
shall not be
An administrative enforcement order
under the following circumstances:
1. When permission to perform
required
the abatement work or
improvements has been granted by someone with apparent charge
or control of the premises. For purposes of this paragraph,
permission may be granted either verbally, in writing or by
some other action indicating consent; or
2. Where there exists an imminent danger or peril to
human life, limb or property and any delays resulting from the
application for an enforcement order would materially increase
the likelihood of loss from such danger or peril; or
3. When the abatement work or improvements are on open
fields or unoccupied or undeveloped areas.
SECTION 13
POWER OF INSPECTOR EXECUTING ENFORCEMENT ORDER
In the execution of an enforcement order, the inspector may
call to his aid any number of citizens in the City who shall be
bound to aid in the execution of same. Any person interfering with
the execution of a lawful enforcement order issued pursuant to this
ordinance shall be guilty of a misdemeanor.
SECTION 14
EXECUTION OF ENFORCEMENT ORDER
The Inspector shall, upon entering the premises for the
purpose of abatement, give notice of his purpose to the person who
has charge or control of the premises. If such person cannot be
found, the work may be performed in accordance with the enforcement
order provided that a copy of the order shall be affixed to the
front door of the building or gate of the premises. In every
instance, entry shall be effected using the minimum force necessary
according to the circumstances.
SECTION 15
This ordinance shall be cumulative of all provisions of
ordinances of the city of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 16
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs, and sections of
this ordinance are severable, and if any phrase, clause sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
s[ake\admnsrch.ord -9-
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
for all other
violation is
offense.
SECTION 17
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for all violations involving
fire safety, zoning or public health and sanitation, including
dumping or refuse and shall be fined Five Hundred Dollars ($500.00)
violations of this ordinance. Each day that a
permitted to exist shall constitute a separate
SECTION 18
Ail rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of any
ordinances affecting administrative search warrants and
administrative enforcement orders which have accrued at the time
of the effective date of this ordinance; and, as to such accrued
violations and alt pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 19
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 20
This ordinance shall be in full force and effect from
after its passage and publication as required by law, and it
ordained.
PASSED
AND APPROVED ON FIRST READING THIS /7 DAY
% ". .." .e ~-~- ,1 J' I~
tttttt...i..~~' CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS ~ DAY
and
is so
OF
OF
APPROVED AS TO FORM AND LEGALITY:
City Attorney
stake\admnsrch.ord -12
fort Worth tar !B1egram - ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAv:
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
E STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County , Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
MAY 22 6874223 CL . 358 1X69 L 69 • 40 27 . 60
NOTICE OF PUBLIC M a y 22
NOTICE HEheAebygiventoall P . O . # ORD • 561
Interested persons that the CI-
ty Council of the City of South-
lake Texas,will be holdinga
public hearing during te
Regular City Council meeting
to be held on June 2 1992,at
6600 Norfh Carrollll tAvenue.
Southlake,Texas.
Purpose of the hearing Is to
consider the second readingof
the following ordinance: - -
ORDINANCE NO.561
AN ONRGD NA THE ICE
PRO-
VI
SUANCE OF ADMINIS-
TRATIVE SEARCH
WARRANTS AND EN-
cORCEMENT OR- //y►
1ERS FOR THE PUR- SIGNED v ��
NSPECTIONS AND VD SWORN TO BEFORE ME , THIS THE 2 PAY 0 MAY, 1992
ENFORCEMENT OF
)RDINANCES OF THE
CITY OF SOUTHLAKE; NOTARY PUBLIC
PROVIDING THAT
THIS ORDINANCE - --- ,� �-'� -"�
SHALL BE CUMULA- t�
TIVE OF ALL ORDI-AA ORAP�NAABILTYLoNANCESA NR �sPv, P4,,�,� 6,`�.,.,4 TARRANT COUNTY, TEXAS
CLAUSE PROVIDING
VIOLATIONS
PROVIDING o`' °�;I KATHRYN J. SPENCER 4
A SAVINGS CLAUSE: +2 .. -.,./r-----_— -__.. __
PROVIDING FOR PUB- i•: ' i COMMISSION EXPIRES
LIGATION IN THE OF-
FICIAL NEWSPAPER '4 , \ w JANU V 28 1995
AND PROVIDING E. • _4�? F.,4
EFFECTIVE DATE. `` ..
�v�s`
PENALTTY CLAUSE ''10 ,gA ' '
AnyCTION 17
firm or obeys- /( ,� !- �(' j p�'
---- ration person,who firm o corpo- l`///lllliL///UUV //f�/vWwiVtititi//
omits,
mo,neglects
who reuslst to TEAR ALCf�G THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
enforcement of any of the pro- ✓✓
visions of this ordinance shall
be fined not more than Two
Thousand Dollars($2,000.00)
for all violations involvingfire REMIT TO : 400 W • SEVENTH, FW, TX 76102
safety,zon ln4 or public health
and sanitation, including
dumping or refuse and shall ----
be fined Five '-!unfired Dot- F:E:N:1 I:': ;, �(.�(.�gXMOM X XX 0100. 1014X I-2051
c lars(S500.00)forallotherviolStar-Telegram
Mute la separate offe to nse.osffens ll si ACCOUNT C I T 5 7 AMOUNT
City of Southlake NUMBER DUE 27 . 60
Sandra L.LeGrandA1111%.,, ' , ,
City Secretary
' PAGE OF 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 27. 60
SOUTHLAKE TX 76092-8898 PLEASE PAY ►
THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
•
tbrt Worth itar=lelegram ***INVOICE/AFFIDAVIT***INVOICE/,.y..:J„ VIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TuE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County , Texas ; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE lui i
RA fL AMOUNT
_._...... INCH Ll.E _
JUN 05 6880784 CL . 358 1X61 L 61 . 40 24. 40
ORDINANCE NO.561 June 5
V DING IFOR THERO_
SUANCE OF ADMINIS—
TRATIVE SEARCH
FORCEMENTORDERS
FOR THE PUR POSE OF
INSPECTIONS AND EN- '
DINANCES OF OF
E CI-
PROVIDING H THAf
THIS ORDINANCE
SHALL BE CUMULA-
TIVE OF ALL ORDI-
NANCES; PROVIDING
A SEVERABILITY
CLAUSE; PROVIDING
.-
FORA PENALTY FOR
VIOLATIONS HEREOF; /'
PROVIDING A SAV. /-. I..-
INGS CLAUSE PRO- /� eLci_K
VIDING FOR PUBLICA-
TION IN THE OFFICIAL SIGN E '''''g ''( '
IEWSPAPERA AND
iROVIDING AN EF- a SWORN TO BEFORE ME , T I THE 5T.H I A 4 •
ECTIVE DATE.
PENALTY
LAUSE NOTARY PUBLIC A,
Any person,firm or corpo- _......,.. '�.', \5 .�..—
ration who violates,disobeys,
omits r�e4'7gstrrefusesto TARRANT COUNTY, TEXAS
enforce in of any of thesthe
enforcement of any ofthepro- 4�Ya.t.i►-cr"—s'"�Y''�'''`�_`�v � -t
vlslonsoffhisordinanceshall 'pv ac --- --
be fined not more than Two �►, �" `ey. THRYN !. SPENCER
Thousand Dollars(52,000.00) '
for all vlolatlonsinvolvingfll'e �'z r 1ti a�n�ScO EXPIRES
safety,zoningor Publichealth _. --_--. ... s.�. - ..�. .Oh1MISS�ON.EXP�RES ',,
and sanitation, includln ''P
dumping or refuse and shell 'h ��.+.r JANUARY 28, 1995
be fined Flve Hundred DoI-' , ��
r
lars($500.00)forallothervlo-
��`�s. f.w•�
lations of this ordinanc@ - --- - - - - -
Each day that a violation Is
permitted
toe a ofsshall onsti- -�
PASSED AND APPROVED l!/\I
IN SECONDREADINGTHIS'
1992 THE 2nd DAY OF JUNEE•fEAR AL THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Gary Fickes,
Ma orST of:South lake
SandrATE
Cityro L.LeGrand, REMIT TO : 400 W . SEVENTH, FW, TX 76102
City Secretary
E.Allen Taylor form:
brCQNE!V?th tar-Tel� egram IT 57 NUMBER DUE
1 1 ---
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 24 . 40
SOUTHLAKE TX 76092-8898 PLEASE PAY
THIS AMOUNT Ir-
,
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED __