(a) 
Definitions.
For the purposes of this article:
Enforcement order.
A written order issued by a magistrate authorizing entry by the city onto specified premises for the purpose of abating a nuisance or other condition which is in violation of a city ordinance or state statute.
Inspector.
Any official inspector for any department of the city who is charged with the enforcement of city ordinances, including but not limited to inspectors for the departments of zoning, environmental control, housing, building inspection, fire inspection and health inspection.
Magistrate.
The judge of the municipal court of the city, or any other person or position designated as a magistrate by state law.
Search warrant.
A written order issued by a magistrate and directed to any inspector or peace officer commanding him to a specified premises to determine the presence of a violation of any ordinance of the city.
(b) 
Conflicts; additional remedies.
Nothing contained in this article shall be construed to conflict with any state or federal law and shall be in addition to any rights granted thereby. The city or any inspector or peace officer may seek other available enforcement remedies, both civil and criminal, in addition to those allowed by this article. Nothing in this article shall be construed to prevent the city or any inspector from performing inspections or abatement work without the necessity of a warrant or order where authorized by law.
(1987 Code, ch. 1, sec. 19A; 2004 Code, sec. 1.1101)
(a) 
Search warrants authorized.
Except as provided in subsection (b) below, inspectors are hereby authorized to seek and obtain search warrants from magistrates as provided in this article before making an inspection incidental to the enforcement of any provision of the zoning ordinance, building code, plumbing code, mechanical code, electrical code, fire code, or any ordinances related to the use or condition of property or a nuisance on the property.
(b) 
Searches without warrant.
Search warrants shall not be required under the following circumstances:
(1) 
When permission to inspect the premises has been granted by someone with apparent charge or control of those premises. For the purpose of this subsection, permission to inspect may be granted either verbally, in writing, or by some other action indicating consent;
(2) 
When there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or peril;
(3) 
When the inspection can be executed by a person who is an invitee on premises held open to the general public. For the purposes of this subsection, a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises;
(4) 
When the inspection can be executed from public property or adjacent private property with the permission of someone with apparent charge or control of such adjacent private property; or
(5) 
When the inspection is an open fields inspection of or from an unoccupied or undeveloped area.
(c) 
Probable cause for search warrant.
No search warrant shall be issued pursuant to this article except on the presentation of evidence of probable cause to believe that a violation is present or that reasonable administrative standards for conducting an inspection are satisfied with respect to the premises sought to be inspected. A sworn affidavit setting forth substantial facts toward establishing probable cause or reasonable administrative standards shall be filed in every instance in which a search warrant is requested. In determining probable cause, the magistrate shall consider the totality of the circumstances behind the issuance of the search warrant and may consider and weigh evidence of specific knowledge or any other evidence that a substantial basis exists that a search warrant would uncover evidence of a violation. In determining whether reasonable administrative standards are satisfied for the issuance of a warrant, the magistrate may consider and weigh the following:
(1) 
The age and general condition of the premises;
(2) 
Previous violations or hazards found present on the premises and the scope and objects of the search;
(3) 
The type of premises;
(4) 
The purposes for which the premises are used;
(5) 
The presence of hazards or violations and the general condition of premises near the premises sought to be inspected; or
(6) 
The passage of time since a previous inspection.
(d) 
Contents of search warrant.
A search warrant issued pursuant to this article shall be sufficient if it contains the following requisites:
(1) 
It runs in the name of the “State of Texas”;
(2) 
It identifies as near as may be the premises to be inspected, and the scope and objects of the search;
(3) 
It commands an inspector or peace officer to inspect forthwith the premises described; and
(4) 
It is dated and signed by the magistrate.
(e) 
Execution of search warrant.
The inspector shall, upon going to the premises ordered to be inspected, give notice of his purpose to the person who has charge or control of the premises described in the warrant. If such person cannot be found, a search may be conducted in accordance with the search warrant; provided that a copy of the warrant shall be affixed to the front door of the building or gate of the premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the circumstances.
(f) 
Days allowed for search warrant to run.
An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. The time allowed for the execution of a search warrant shall be three (3) whole days exclusive of the day of its issuance and of the day of its execution, or such shorter period as may be ordered by the magistrate. The magistrate issuing a search warrant under the provisions of this article shall endorse on such search warrant the date and hour of the issuance of the same. Upon returning the search warrant, the inspector shall state on the back of same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection. The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as part of the official records of his court.
(g) 
Power of inspector executing search warrant.
In the execution of a search warrant, the inspector may call to his aid any number of citizens in the city, who shall be bound to aid in the execution of same. Any person interfering with the execution of a lawful search warrant, issued pursuant to this article, shall be guilty of a misdemeanor. The execution of a search warrant issued pursuant to this article shall not include any authority to seize tangible goods or any authority to make arrests without the assistance of a peace officer.
(1987 Code, ch. 1, sec. 19B; 2004 Code, sec. 1.1102)
(a) 
Enforcement orders authorized.
Where civil enforcement by the city is authorized by ordinance or statute, inspectors are hereby authorized to seek and obtain an administrative enforcement order from the magistrate authorizing entry upon private property for the purpose of abating any public nuisance or other violation of an ordinance or statute which adversely affects the public health, safety or welfare. The inspector shall present to the magistrate a sworn affidavit setting forth substantial facts establishing that a violation of the city ordinance or state statute exists and that requisite notice has been given under the ordinance or statute. The magistrate shall issue an enforcement order if he determines:
(1) 
That facts exist to show that a violation of a statute or ordinance has occurred;
(2) 
That the abatement of the nuisance or violation is in the best interest of the public health, safety or welfare; and
(3) 
That the proposed abatement action is reasonable under the circumstances.
(b) 
Contents of enforcement order.
An enforcement order issued by a magistrate pursuant to this article shall contain the following requisites:
(1) 
That it identify as near as may be the premises which are in violation of an ordinance or statute;
(2) 
That it reasonably specify the scope of the work or improvements to be performed by the city in abating the violation;
(3) 
That it set forth such other requirements or conditions as the magistrate deems necessary to assure that the premises will be adequately protected and that the work or improvements are no greater than is reasonably necessary to abate all conditions which adversely affect the public health, safety or welfare;
(4) 
That it specify a reasonable amount of time in which to carry out such enforcement order.
(c) 
Authorized entry without enforcement order.
An administrative enforcement order shall not be required under the following circumstances:
(1) 
When permission to perform the abatement work or improvements has been granted by someone with apparent charge or control of the premises. For purposes of this subsection, permission may be granted either verbally, in writing or by some other action indicating consent; or
(2) 
Where there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for an enforcement order would materially increase the likelihood of loss from such danger or peril; and
(3) 
When the abatement work or improvements are on open fields or unoccupied or undeveloped areas.
(d) 
Power of inspector executing enforcement order.
In the execution of an enforcement order, the inspector may call to his aid any number of citizens in the city, who shall be bound to aid in the execution of same. Any person interfering with the execution of a lawful enforcement order issued pursuant to this article shall be guilty of a misdemeanor.
(e) 
Execution of enforcement order.
The inspector shall, upon entering the premises for the purpose of abatement, give notice of his purpose to the person who has charge or control of the premises. If such person cannot be found, the work may be performed in accordance with the enforcement order, provided that a copy of the order shall be affixed to the front door of the building or gate of the premises. In every instance, entry shall be effected using the minimum force necessary according to the circumstances.
(1987 Code, ch. 1, sec. 19C; 2004 Code, sec. 1.1103)