There is hereby created the position of code compliance officer, which officer shall be under the supervision of the mayor or his/her designee.
(Ordinance 0131, sec. 1, adopted 10/12/04; Ordinance 0131, sec. 1, adopted 6/13/06; Ordinance adopting Code)
(a) 
It shall be the duty of the code compliance officer to investigate possible violations of the city code, and to conduct inspections of the premises believed to be in violation of the standards of such code. Such officer shall take all reasonable steps to secure voluntary compliance with the requirements of this code. When such officer believes that violations of this code exist, but the owner of such premises or the person in control of the premises disagrees or fails to voluntarily comply with such requirements, such officer shall have the authority to issue a written citation setting out the alleged violation to the owner of the premises or the person in control of the premises or file a complaint against such suspected violator with the municipal court of the city. The written citation shall set out the alleged offense, the time in which the alleged violator must appear and request a court date or pay the fine, and the date of the alleged offense. The code compliance officer shall have the authority to issue warnings and to red-tag building sites for trash and dumping violations.
(b) 
Additionally, the code compliance officer will make routine and periodic inspections of properties and premises within the city or its extraterritorial jurisdiction as permitted by laws of the state, to determine whether there is compliance with the laws, rules, and regulations which are designed for the protection of the health, safety, peace and welfare of the public.
(c) 
It will be the duty of the code compliance officer to keep and maintain all required records of code enforcement actions.
(Ordinance 0131, sec. 2, adopted 10/12/04; Ordinance 0131, sec. 2, adopted 6/13/06; Ordinance adopting Code)
The code compliance officer shall have the power to order all work stopped on construction, alteration, or repair of any structure or grading project in the city or its extraterritorial jurisdiction, as permitted by the laws of the state, when such work is being performed in violation of any trash, debris, or nuisance ordinances of the city. The code compliance officer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work immediately until authorized by the code compliance officer to proceed with the work.
(Ordinance 0131, sec. 3, adopted 10/12/04; Ordinance 0131, sec. 3, adopted 6/13/06; Ordinance adopting Code)
(a) 
When it is necessary to make an inspection to enforce the provisions of the ordinances enforced by the code compliance officer, or when such officer has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code that makes the building or premises unsafe, dangerous or hazardous, the code compliance officer may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that, if such building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the code compliance officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is denied or if a person in control of the premises cannot be located, the code compliance officer shall utilize all recourses provided by law to secure entry. Such recourses shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure.
(b) 
No search warrant shall be issued for the inspection of any property or premises within the corporate limits of the city unless and until there shall have been filed an affidavit showing probable cause for such inspection by stating the purpose and extent of the proposed inspection, and the code or ordinance sections which form the basis of such inspection. The search warrant issued shall specify the purpose and extent of the inspection which is proposed to be made, and the specific property or premises covered by such warrant. It is unlawful for any person, firm or corporation to hinder, delay or obstruct the inspection of premises based on a search warrant issued under the terms of this division.
(Ordinance 0131, sec. 4, adopted 10/12/04; Ordinance 0131, sec. 4, adopted 6/13/06; Ordinance adopting Code)
(a) 
Enforcement will be in compliance with all requirements of the city code and its ordinances being enforced.
(b) 
The code compliance officer shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or to remedy the violation.
(c) 
No person shall interfere with, oppose or resist any authorized person charged with code enforcement while such person is engaged in the performance of her/his duty.
(d) 
A written notice of the alleged violation may be given to the suspected violator with a reasonable time to cure or remedy the alleged violation. The time allowed shall not be less than seven days, nor more than thirty days. Where there is an extreme hardship, as determined by the code compliance officer, the officer may grant additional time to the suspected violator. Documentation of time allowed under warning shall be kept until violation is remedied.
(e) 
When the suspected violator either receives or rejects the notice of violation and fails to remedy or cure the alleged violation within the time specified in the notice of violation, the code compliance officer will issue a written citation for the alleged violation or file a complaint with the municipal court of the city.
(f) 
If the code compliance officer determines that the alleged violation presents an immediate danger to the public health, safety or welfare, the officer may require immediate remedial action. If the code compliance officer is unable to serve a notice of violation on the suspected violator, or if, after such service, the suspected violator refuses or is unable to remedy the violation, the city may proceed to remedy the violation as provided in section 9.02.126 of this division.
(Ordinance 0131, sec. 5, adopted 10/12/04; Ordinance 0131, sec. 5, adopted 6/13/06; Ordinance adopting Code)
(a) 
In the event the code compliance officer finds that there is danger to the public health, safety or welfare which requires immediate action, the city may, without notice, remedy the violation and charge the remedial costs back to the defendant.
(b) 
The finance director shall keep an accurate record of the costs, including related administrative and legal costs, incurred by the city in remedying the violation.
(c) 
When all action is completed to remedy the safety hazard, the bill of costs, including related and administrative costs, so incurred by the city shall be presented to the owner of such property or premises by the code compliance officer. If such bill is not paid to the city within ten (10) calendar days after its presentation, the city may obtain a lien against the property. The city shall file the bill of costs with the county clerk of El Paso County. The lien statement shall state the name of the owner, if known, the legal description of the property, and the date on which said work was done or improvements made. The lien shall be security for the costs incurred and interest accruing at the rate of ten (10) percent per annum on the amount due from the date of payment by the city until paid in full. This lien is inferior only to tax liens and liens for street improvements. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city. The statement or bill of expenses as filed, or a certified copy thereof, shall be prima facie proof of the amount expended by the city for such work or improvements. A lien may not be filed against real estate protected by the homestead provisions of the Texas Constitution.
(Ordinance 0131, sec. 6, adopted 10/12/04; Ordinance 0131, sec. 6, adopted 6/13/06; Ordinance adopting Code)
The code compliance officer may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code and other pertinent laws or ordinances.
(Ordinance 0131, sec. 7, adopted 10/12/04; Ordinance 0038, sec. 7, adopted 6/13/06; Ordinance adopting Code)