Loading...
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 __