(a) The
purpose of this article is to protect the health, safety, and welfare
of the people 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. Reducing the crime rate in the city is essential
to making properties safe, sanitary, and fit for human habitation
and for nonresidential purposes.
(b) This
article does not create a private cause of action or expand existing
tort liability against a property owner. 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 other law.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
In this article:
Abatable criminal activity.
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.
CPTEO.
Crime prevention through environmental design and is a multi-disciplinary
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 unto private property.
Owner.
A person who has ownership or title of real property, including
but not limited to:
(1)
The holder of fee simple title;
(2)
The holder of a life estate;
(3)
The holder of a leasehold estate for an initial term of five
(5) years or more;
(4)
The buyer in a contract or deed;
(5)
A mortgagee, receiver, executor, or trustee in control of real
property; or
(6)
The named grantee in the last recorded deed.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
The chief of police shall implement and enforce this article
and may by written order establish such rules, regulations, or procedures,
not inconsistent with the article, as the chief of police determines
are necessary to discharge any duty under or to effect the purpose
of this article.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
(a) A
property is presumed a habitual criminal property if the property
is the site:
(1) Of five (5) 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 person have historically committed abatable criminal activities,
according to recent crime data.
(b) An owner of a habitual criminal property is presumed to have knowingly tolerated the abatable criminal activity at the owner’s property by failing to take reasonable steps, including those outlined in section
8.08.005(b)(1) of this article, as amended, to able the abatable criminal activity.
(c) The presumptions in this section are rebuttable at the accord meeting pursuant to section
8.08.005 of this article, as amended.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
(a) If the chief of police determines that the presumptions in section
8.08.004 of this article, as amended, are satisfied, the chief shall notify the owner of the property, in writing, of the chiefs 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, 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, 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; and
(F) Property is in compliance with the standards set out in this code.
(2) The city attorney may attend the meeting as the chiefs legal counsel
and the owner may bring his or her legal counsel.
(c) The
chief 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 of 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 shall provide the owner with notice of the chief’s final determination as to the presumptions under section
8.08.004 of this article, as amended. Notwithstanding the foregoing, upon request of the owner during the accord meeting, the chief may delay the notice of determination up to 60 days after the accord meeting, during which time the owner may present additional evidence under subsection
(b)(1) of this section, as amended. If the owner does not appear of the accord meeting, the chief’s determination is final as of the date of the accord meeting provide 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 740-2019, sec. 2, adopted 2/21/19)
Each year, not later than 30 days after the date of the chief s determination as to the presumptions under section
8.08.004 of this article, as amended, are final, the chief shall send a notice to the owner as to whether the presumptions under section
8.08.004 of this article, as amended, are still satisfied. The chief may, at any time, determine that the presumptions under section
8.08.004 of this article, as amended, are no longer satisfied and shall then notify the owner of the chief’s determination.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
(a) The chiefs determinations under sections
8.08.005 and
8.08.006 of this article, as amended, are final unless the owner files a written appeal to the city council. The appeal must be filed with the city secretary not later than ten (10) calendar days after the date the owner receives notice of the chief’s final determination. A person who does not attend the accord meeting is not entitled to an appeal under this section for one (1) year after the accord meeting date in the notice. Only the owner is entitled to an appeal under this article.
(b) If a written request for an appeal hearing is filed under subsection
(a) with the city secretary within the 10-day limit, the city council shall hear the appeal. The city secretary shall set a date for the hearing not later than 30 days after the date the appeal is filed.
(c) In deciding the appeal, the city council is limited to the issues of whether the presumptions in section
8.08.004 of this article, as amended, are satisfied.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
For a property that has been finally determined to satisfy the presumption in section
8.08.004 of this article, as amended, the following applies:
(1) Placarding.
The chief may require the owner to place
a placard on or near the front door or at any main entrance to the
structure or the dwelling unit. For multitenant and commercial properties,
the chief may also require the owner to place a placard in a conspicuous
place in a common area of the property.
(A) The placard must be visible at all times and must state the following:
‘THE JOSHUA POLICE DEPARTMENT HAS DECLARED THIS SITE A
HABITUAL CRIMINAL PROPERTY UNDER ARTICLE 8.08 CHAPTER 8 OF THE JOSHUA
CITY CODE. IF YOU HAVE QUESTIONS, PLEASE CALL THE JOSHUA POLICE DEPARTMENT
AT (817) 558-3194. IF YOU SEE SOMETHING SUSPICIOUS OCCURRING AT THIS
PROPERTY OR IN AN EMERGENCY, DIAL 911.”
(B) A person commits an offense if the person, without authority from
the chief, removes or destroys the placard.
(2) Inspections.
The chief may inspect the property for compliance with the conditions and activities in section
8.08.005(b)(1) of this article, as amended, or any other condition or activity the chief determines, in light of the chiefs training and experience, will reduce abatable criminal activity at the property.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
For a property that has been finally determined to satisfy the presumptions in section
8.08.004 of this article, as amended, the owner shall pay an annual fee to the city according to the table in appendix
A of the city code for each year that the presumptions in section
8.08.004 of this article, as amended , are satisfied. In this section, residential and nonresidential refer to those uses as defined in the zoning code, as amended. The fees are not refundable in whole or in part.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)
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 in the central appraisal district records. Mailed notice
shall be deemed received and effective three (3) days after the date
of mailing whether the notice was actually received or whether the
notice what returned unclaimed or undeliverable.
(Ordinance 740-2019, sec. 2, adopted 2/21/19)