This article shall be known and cited as the “code enforcement:
citation issuance and search warrants ordinance.”
(Ordinance 10-3528, sec. I (2-181),
adopted 9/14/10)
This article provides procedural and substantive rules relating
to the issuance of citations by nonpeace officers to defendants accused
of violating criminal ordinances of the city. This article applies
to the issuance of citations alleging criminal violations within the
municipal court’s jurisdiction. In addition, this article authorizes
and directs designated officers to obtain search warrants from a magistrate
before making any inspection incidental to the enforcement of the
city’s ordinances. Subject to this article’s requirements,
the magistrate is further authorized to issue such warrants. The mandates
and processes established by this article were specifically designed
to achieve the effective and efficient administration of the city’s
enforcement programs through the improved operation of the city’s
municipal court.
(Ordinance 10-3528, sec. I (2-182),
adopted 9/14/10)
For the purposes of this article, the following words and terms
shall have the meaning ascribed thereto:
An ordinance violation notice and notice to appear before
the municipal court, as provided for in this article.
Any judge of a municipal court for the city.
An official inspector for the animal control department,
building codes department, code enforcement department, fire prevention
department, or health department who is charged with the enforcement
of city ordinances.
Any individual, association, firm, corporation, governmental
agency, political subdivision, or legal entity of any kind.
A written order, issued by a magistrate and directed to any
inspector, commanding him to inspect any specified premises to determine
the presence of a violation of a fire or health hazard or unsafe building
condition or a violation of any fire, health, or building regulation,
statue, or ordinance.
(Ordinance 10-3528, sec. I (2-183),
adopted 9/14/10; Ordinance adopting
Code)
A citation issued pursuant to this article does not relate to
the issuance of a citation by a peace officer pursuant to the Texas
Code of Criminal Procedure, article 14.06(d) and the Texas Transportation
Code, section 543.003.
(Ordinance 10-3528, sec. I (2-184),
adopted 9/14/10)
Pursuant to this article, and the scope of their assigned duties,
a citation may be issued by any of the following individuals so designated
by the city council:
(1)
Environmental
health officer;
(2)
Animal
control officer;
(3)
Building
codes officer;
(4)
Code
enforcement officer; and
(5)
Fire
prevention officer.
(Ordinance 10-3528, sec. I (2-185),
adopted 9/14/10)
A citation issued under this article must be in a form approved
by the municipal court clerk that includes the following information:
(1)
The
name, address, date of birth, or driver’s license number and
physical description, and telephone number of the person cited;
(2)
The
offense for which the person is charged;
(3)
The
date and location of the offense;
(4)
An
appearance date;
(5)
A
statement requiring the person receiving the citation to appear at
municipal court on or before the appearance date indicated on the
citation;
(6)
A
statement of the person’s promise to respond to the citation,
pursuant to article 27.14 of the Code of Criminal Procedure, by the
appearance date indicated on the citation, including a place for the
person cited to provide the person’s signature; and
(7)
The
signature of the person issuing the citation.
(Ordinance 10-3528, sec. I (2-186),
adopted 9/14/10)
All pleas arising from the issuance of a citation under this
article shall be made pursuant to article 27.14 of the Code of Criminal
Procedure.
(Ordinance 10-3528, sec. I (2-187),
adopted 9/14/10)
A person issued a citation, as authorized by this article, commits an offense if the person fails to appear or enter a plea pursuant to section 1.09.007 on or before the appearance date indicated on the citation.
(Ordinance 10-3528, sec. I (2-188),
adopted 9/14/10)
A person commits an offense if the person interferes with or
obstructs the issuance of a citation under this article.
(Ordinance 10-3528, sec. I (2-189),
adopted 9/14/10)
A person commits an offense if the person gives a false or fictitious
name, address, or other information to an individual authorized to
issue a citation under this article.
(Ordinance 10-3528, sec. I (2-190),
adopted 9/14/10)
No person shall unlawfully cancel or solicit the cancellation
of any citation in any manner other than as provided by law.
(Ordinance 10-3528, sec. I (2-191),
adopted 9/14/10)
Nothing in this article shall be construed to conflict with
any state or federal law and shall be in addition to any rights granted
thereby.
(Ordinance 10-3528, sec. I (2-197),
adopted 9/14/10)
Each violation under this division is a misdemeanor offense
punishable upon conviction by a fine not to exceed five hundred dollars
($500.00) per offense. Each day shall constitute a separate offense.
(Ordinance 10-3528, sec. I (2-192),
adopted 9/14/10)
Whenever entry is denied or prohibited, inspectors are hereby
authorized to seek and obtain search warrants from a magistrate to
permit inspections incidental to enforcement of any provision of this
code. Magistrates are hereby authorized to issue such warrants pursuant
to the requirements of this article.
(Ordinance 10-3528, sec. I (2-193),
adopted 9/14/10)
No search warrant shall be issued pursuant to this article except
on the presentation of evidence in verified affidavit form of probable
cause to believe that a violation or violations are present on the
premises sought to be inspected. In determining probable cause, the
magistrate may consider, in addition to specific knowledge, the following:
(1)
Age
and condition of the premises;
(2)
Previous
violations or hazards found on the premises;
(3)
Type
of premises;
(4)
Purposes
for which the premises are used; and
(5)
Condition
of the surrounding premises.
(Ordinance 10-3528, sec. I (2-194),
adopted 9/14/10)
A search warrant issued pursuant to this article shall be sufficient
if it contains the following:
(1)
That
it run in the name of “The State of Texas”;
(2)
That
it identify the premises to be inspected;
(3)
That
it command an inspector to inspect forthwith the premises described;
(4)
That
it be dated and signed by the magistrate.
(Ordinance 10-3528, sec. I (2-195),
adopted 9/14/10)
(a)
An
inspector to whom a search warrant is delivered shall execute it without
delay and forthwith return it to the magistrate. A search warrant
shall be executed within three (3) days from its issuance or a shorter
period of time if directed by the magistrate. The time allowed shall
be three (3) whole days exclusive of the issuance and execution dates.
The magistrate issuing the warrant shall endorse thereon the date
and time of issuance.
(b)
The
inspector shall, before entering upon any premises to execute a search
warrant, give notice of his purpose to the person in charge of or
occupying the premises ordered inspected. If no such person can be
found, a copy of the search warrant shall be affixed to the front
door, gate or other location on the premises to be inspected.
(c)
Execution
of a search warrant hereunder shall not include the authority to arrest
or to seize tangible goods for purposes of criminal prosecution. However,
an inspector may seize tangible property when there is an imminent
and immediate danger to the health, safety or welfare of the public.
(d)
Upon
returning the search warrant, the inspector shall write on the back
of same or paper attached thereto the manner, date, and time it was
executed and shall deliver the same to the magistrate.
(e)
The
magistrate shall keep or cause to be kept records of all proceedings
before him/her in cases of issuance of a search warrant as part of
the official records of his court.
(f)
Every
application for a search warrant shall be first delivered to the city
attorney or his/her designated assistant for review and approval.
(Ordinance 10-3528, sec. I (2-196),
adopted 9/14/10)
