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:
Citation.
An ordinance violation notice and notice to appear before the municipal court, as provided for in this article.
Magistrate.
Any judge of a municipal court for the city.
Officer.
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.
Person.
Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.
Search warrant.
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)
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 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)
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)