(a)
The
purpose of this article is to protect the health, safety, and welfare
of the city by obtaining an owner’s compliance with minimum
property conditions and lawful operations, which compliance is likely
to reduce certain criminal activity on property where that criminal
activity is so prevalent as to render the property a habitual criminal
property or a habitual nuisance property.
(b)
This
article does not create a private cause of action or expand existing
tort liability. This article is not a prerequisite to any suit and
does not in any way impair the city’s ability to file a lawsuit
under chapter 125 of the Texas Civil Practice and Remedies Code, as
amended, or under any law.
(Ordinance 2022-04-06 adopted 4/19/22)
For the purpose of this article, the following definitions shall
apply unless the context indicates or requires a different meaning:
Those activities listed in chapter 125 of the Texas Civil
Practice and Remedies Code, as amended. The term does not include
crimes of family violence.
The chief of the police department of the city or the chief’s
designee.
Violations of the city Code of Ordinances and the adopted
fire code of the city.
Crime prevention through environmental design is a multidisciplinary
approach to reducing criminal behavior through environmental design
by integrating the following concepts, among others, on property:
natural surveillance that eliminates hiding places for people to engage
in crime unnoticed; clear delineation of private space from public
space; and controlled access onto private property.
The director of public works or other department head in
charge of code compliance in the city.
A property that is described in section 4.09.004(a).
A property that is described in section 4.09.004(b).
A person or entity who has ownership or title of real property,
including, but not limited to:
The holder of fee simple title;
The holder of a life estate;
The holder of a leasehold estate for an initial term of five
years or more;
The buyer in a contract for deed;
A mortgagee, receiver, executor, or trustee in control of real
property; and
The named grantee in the last recorded deed.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
The
chief of police shall have the authority to implement and enforce
this article as it pertains to abatable criminal properties and may
by written order establish such rules, regulations, or procedures,
not inconsistent with this article, as the chief of police determines
are necessary to discharge any duty under or to effect the purpose
of this article as it pertains to abatable criminal properties.
(b)
The
director, in collaboration with the chief of the fire department,
shall have the authority to implement and enforce this article as
it pertains to abatable nuisance properties and may by written order
establish such rules, regulations, or procedures, not inconsistent
with this article, as the director determines are necessary to discharge
any duty under or to effect the purpose of this article as it pertains
to abatable nuisance properties.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
A
property is presumed a habitual criminal property if the property
is the site:
(1)
Five or more abatable criminal activities within 365 days resulting
in either a report of a law enforcement agency documenting an investigation
of an abatable criminal activity on the property or enforcement action
against any person associated with the abatable criminal activity
on the property; and
(2)
At which persons have historically committed abatable criminal activities,
according to recent crime data.
(b)
A
property is presumed a habitual nuisance property if the property
is the site of three or more citations for code violations within
365 days.
(c)
An
owner of a habitual criminal or nuisance property is presumed to have
knowingly tolerated the abatable criminal activity or code violations
at the owner’s property by failing to take reasonable steps,
including those outlined in section 4.09.004(b)(1) of this chapter,
as amended, to abate the abatable criminal activity or code violations.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
If the chief of police or director determines that the presumptions in section 4.09.004 are satisfied, the chief or director shall notify the owner of the property, in writing, of the chief’s or director’s preliminary determination and shall provide the owner with notice to attend an accord meeting. The notice must include a copy of this article.
(b)
At
the accord meeting, the following applies:
(1)
The presumed owner may present evidence that the person is not the
owner or that the owner has taken reasonable steps to abate the abatable
criminal activity or code violations, including, without limitation,
that the:
(A)
Owner has implemented CPTED principles at the property;
(B)
Owner has implemented monitoring and surveillance systems at the
property;
(C)
Owner is in compliance with all regulations governing the owner’s
business;
(D)
Owner is enforcing lease clauses related to reducing abatable criminal
activity or code violations, such as tenant screening, enforcement
of property rules, and regular tenant verification;
(E)
Owner is communicating abatable criminal activity to the chief and
cooperating with the chief, as requested;
(F)
Owner is demonstrating to the director that the owner is taking proactive
steps to abate code violations on the property; and
(G)
Property is in compliance with the standards set out in this code.
(2)
The city attorney may attend the meeting as the chief’s or
director’s legal counsel and the owner may bring his or her
legal counsel.
(c)
The
chief or director shall make all reasonable efforts to schedule the
accord meeting during a time when the owner is available but not later
than 30 days from the date the accord meeting notice is deemed received
or is actually received by the owner, whichever date is sooner.
(d)
Not later than 30 days after the date of the accord meeting, the chief or director shall provide the owner with notice of the chief’s or director’s final determination as to the presumptions under section 4.09.004. Notwithstanding the foregoing, upon request of the owner during the accord meeting, the chief or director may delay the notice of determination up to 60 days after the accord meeting, during which time the owner may present additional evidence under section 4.09.005(b)(1). If the owner does not appear for the accord meeting, the chief’s or director’s determination is final as of the date of the accord meeting provided in the notice;
(e)
An
owner who is provided notice pursuant to this article commits an offense
if the owner fails to attend an accord meeting.
(Ordinance 2022-04-06 adopted 4/19/22)
Each year, not later than 30 days after the date the chief’s or director’s determination as to the presumptions under section 4.09.004 are final, the chief or director shall send a notice to the owner as to whether the presumptions under section 4.09.004 are still satisfied. The chief or director may, at any time, determine that the presumptions under section 4.09.004 are no longer satisfied and shall then notify the owner of the chief’s determination.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
The chief’s or director’s determinations under sections 4.09.004 and 4.09.005 are final unless the owner files a written appeal to the city administrator. The appeal must be filed with the city secretary not later than 10 calendar days after the date the owner receives notice of the chief’s or director’s final determination. A person who does not attend the accord meeting is not entitled to an appeal under this section for one year after the accord meeting date in the notice. Only the owner is entitled to an appeal under this article.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
For a property that has been finally determined to satisfy the presumptions in section 4.09.004 the following applies: Placarding: The chief or director may require the owner to place a placard provided by the city on or near the front door or at any main entrance to the structure or dwelling unit. For multitenant and commercial properties, the chief or director may also require the owner to place a placard in a conspicuous place in a common area of the property.
(b)
The
placard must be visible at all times and must state one of the following:
(1)
“The Lavon police department has declared this site a habitual criminal property under article 4.09 of the city code of ordinances. If you have questions, please call LPD at [telephone number determined by the chief]. If you see something suspicious occurring at this property or in an emergency, dial 911.”
(2)
“The Lavon department of code enforcement has declared this site a habitual nuisance property under article 4.09 of the city Code of Ordinances. If you have questions, please call code enforcement at [telephone number determined by the director]. If you witness violations pertaining to noise, overcrowding, or vehicular traffic interference occurring at this property, report to [telephone number determined by the director].”
(d)
Conditions.
During the time a property is declared a
habitual criminal or nuisance property, the chief or director may
place conditions on the operation of the business at the property.
The owner of the property and the operator of the business are responsible
for compliance with any conditions put on the property. Some conditions
the chief or director may put on the property include but are not
limited to:
(1)
Minimum number of security guards at the property, including parking
lots, at all times or at certain times of operation.
(2)
Patrol property and adjacent areas to monitor loitering, vandalism,
excessive noise, crowd control, and illegal acts.
(3)
Protocols to ensure prompt and orderly crowd dispersal from the property
including on-site and off-site parking areas.
(4)
Limit hours of entertainment activities including live music and
music disseminated by a disc jockey.
(5)
Additional protocols, including identification scanners, to ensure
age restrictions of patrons is strictly enforced.
(6)
Litter control protocols.
(7)
Use of a mechanical counting device to ensure maximum occupancy limits.
(8)
Bar/club/restaurant training for all or certain establishment employees.
(e)
Inspections.
The chief or director may inspect the property for compliance with the conditions and activities in section 4.09.005(b)(1) or any other condition or activity the chief or director determines, in light of the chief’s or director’s training and experience, will reduce abatable criminal activity or code violations at the property.
(f)
Notification to city council.
If an establishment operates
under a specific use permit, the chief or director shall notify the
city council that the property is a habitual criminal or nuisance
property.
(Ordinance 2022-04-06 adopted 4/19/22)
For a property that has been finally determined to satisfy the presumptions in section 4.09.004, the owner shall pay an annual fee to the city according to the city fee schedule as amended for each year that the presumptions in section 4.09.004 are satisfied. In this section, residential and nonresidential refer to those uses as defined in the city code, as amended. The fees are not refundable in whole or in part.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
Any
notice to be provided by the city pursuant to this article shall be
deemed effective if made to the owner. Notice is effective when:
(1)
Personally delivered to the owner; or
(2)
Mailed by certified U.S. mail, with return receipt requested, and addressed to the owner at the last address provided in the registration of the property under section 4.09.002, as amended, or, if the property is not subject to registration, then to the last address in the central appraisal district records. Mailed notice shall be deemed received and effective three days after the date of mailing whether the notice was actually received or whether the notice was returned unclaimed or undeliverable.
(Ordinance 2022-04-06 adopted 4/19/22)
(a)
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(b)
The
penalty provisions imposed under this article shall not preclude the
city from filing suit to enjoin the violation. The city retains all
legal rights and remedies to it pursuant to local, state and federal
law.
(Ordinance 2022-04-06 adopted 4/19/22)
