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Item 8A Memo and OrdinanceCity of Southlake, Texas MEMORANDUM March 1, 2002 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 824, 1st Reading, providing Authorization for Municipal Court of Record civil jurisdiction in enforcement of health and safety and nuisance abatement matters. Action Requested: City Council consideration of Ordinance 824 on first reading. Background Information: This ordinance is a result of a legislative amendment to Section 30.00005 of the Texas Government Code. The City of Southlake, like many home rule cities, operated under ordinances regulating health, safety, sanitation, and nuisance issues and that provided procedures in which abatement action is undertaken, including the issuance of enforcement orders. Such enforcement orders permit code enforcement officers to legally access certain properties to inspect nuisances such as abandoned and dilapidated structures and junk vehicles to determine the condition, and in some cases information to lead to the identity of the owner. While we have undertaken this action through the municipal court in the past, there had been no specific legislative authority to clarify that municipal courts or record were vested with such authority. Adoption of this ordinance amends our Code of Ordinance to clearly grant such jurisdiction and brings our codes in alignment with legislation. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. 1 Billy Campbell, City Manager March 1, 2002 Page 2 Legal Review: This ordinance was reviewed by City Attorney Robert M. Allibon, who has approved the ordinance under consideration by City Council. Alternatives: Not Applicable Supporting Documents: Ordinance No. 824 Staff Recommendation: Place Ordinance No. 824, providing authorization for Municipal Court of Record civil jurisdiction in enforcement of health and safety and nuisance abatement matters on the March 5, 2002 City Council meeting agenda for first reading. RB/mwj VA ORDINANCE NO. 824 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, RELATING TO THE JURISDICTION AND AUTHORITY OF THE MUNICIPAL COURT OF RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 2001 Texas Legislature adopted changes to Section 30.00005 of the Texas Government Code relating to the jurisdiction and authority of municipal courts of record, making it appropriate to amend Section 8-32 of the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION SECTION 1. That Section 8-32 of the Code of Ordinances of the City of Southlake, Texas is hereby amended to read as follows: "Sec. 8-32 Municipal court jurisdiction and authority. The municipal court of record in the City of Southlake has the jurisdiction and authority provided by Section 30.00005 of the Government Code: civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code; 2. concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and authority to issue: A. search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and B. seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises. SECTION 2. 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 3. 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 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. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2002. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2002. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney ROBERT ALLIBON rallibon@toase.com January 17, 2002 Via E-Mail and Facsimile Transmission Malcolm Jackson Chief of Building Services 667 North Carroll Avenue Southlake, Texas 76092 Re: Ordinance Amending Municipal Court Authority Pursuant to HB 2270 Dear Malcolm: This letter is in response to our telephone conversation of January 15, 2002, where you advised that the City requests an ordinance amending the municipal court's jurisdiction to provide the authority granted in House Bill 2270 in the recent legislative session. Attached you will find a proposed ordinance amending Section 8-32 of the City Code granting the municipal court the authority as set forth by HB 2270 in Section 30.00005 of the Texas Government Code. Should you have any questions or concerns about any of the above, please give me a call. Very truly yours, Robert M. Allibon RMA: mar Enclosure W:\Southlake\LETTERS\Jackson. RMA001.wpd