| House Bill 2437 TX Legislature | requires Continuing Education for Code Enforcement Officers & CEO in Training |
| Continuing Education Requirements are: | 6 Hours per year with 1 being Legislative |
| Purpose of Code Enforcement | To establish and maintain a standard of quality of life for all citizens by providing quality inspections and bringing about improvements and rehab to neighborhoods served. |
| TX Admin Code 2017 of TDLR defines Code Enforcement | inspection, improvement, rehab of the enviornmental hazards in public and private premises by determining present of fire or health hazards, nuisance violations, unsafe building conditions, and violations of any fire, health or building regulation, statute, or ordinance. |
| Inspection | thorough search / critical examination |
| Investigation | process of gathering info |
| improvement | to make better |
| rehabilitation | restore to current year codes |
| CEO vs CEO in Training | CEO= 1 year or more experience. CEO in training = 1 year or less and is supervised by registered CEO |
| Policing power | The right of a city, based on state enabling legislation, to protect the public's health, safety, general welfare. |
| Code Enforcement Association of TX (CEAT) | Continuing Education |
| AACE (American Association of Code Enforcement | represents CEO on a national level. |
| International Code Council | Try to make a single set of codes |
| Texas Municipal League (TML) | Says only peace officers allowed to write citations through TX commission of Law Enforcement (TCOLE) |
| Notice of Violation | CEO allowed to issue on behalf of the city where a violation occurs. Must include text of ordinance being violated, the conduct that violates the ordinance and how to come into compliance. The period of time they have to come into compliance and a warning that if not completed the complaint will be filed with the court. |
| PREPARED | Proactive, Responsive, Empathetic, Patient, Alert, Ready, Educated, Disciplined |
| Code Standards Institute,TX (CSI) | Online continuing education |
| Code enforcement hats | Fire dept, animal control, PD, Social Worker, economic developer, law interpreter, health official. |
| Code Enforcement exam measures: | the knowledge & skills required to be a CEO |
| Absolute immunity | status that places a person beyond the law & makes them free from legal obligations |
| Affiant | person who makes, subscribes & signs the affidavit |
| Affidavit | written declaration of facts supported by oath before a person who has authority to administer it |
| Civil Action | Legal action to protect a private civil right or compel a civil remedy (different than criminal prosecution) |
| defamation | something that tends to injure a persons reputation |
| Dillon's Rule | Municipal govts have only those powers expressly granted to them by state legislature, those necessarily implied from the grant of power and those that are essential and indispensable to the municipalities existence and function. |
| Enabling legislation | the act of giving/enacting laws (not the same as court made laws) |
| General Law city | operates under the laws of the state few exceptions. All cities start as this and are cities with a population under 5000 |
| Home Rule | power given to a city to govern itself as long as charter provisions/ordinances do not conflict with the state law. |
| Can become Home Rule | After a population of 5000, with popular vote and a home rule charter. |
| Home Rule Charter | Organizational plan (constitution) drawn up by municipality and adopted by popular vote. |
| Injunction of Law | judicial remedy issued in order to prohibit someone from doing a certain activity |
| Libel | published defemation |
| Lien | an encumbrance or legal burden on property |
| Lis Pendens | pending lawsuit |
| Preemption | Judicial principal that federal trumps state legislation on the same subject |
| Real property | Real estate- land, bldg or anything attached/affixed to the land |
| Return | a report to the judge on implementation of an arrest or SW |
| Search Warrant | written order from judge that directs LE to search a specific area to gather evidence |
| Sovereign immunity | you can't bring a lawsuit against the government without their consent (the king can do no wrong) |
| Substantive criminal law | law with the purpose of preventing harm to society which prescribes punishment for specific offenses |
| Is substantive criminal law and remedial law the same? | No - remedial law provides methods of enforcement |
| Substantive due process | the right of all persons to receive the guarantees & safeguards of the law and the judicial process which includes constitutional requirements as adequate notice, assistance of counsel, right to remain silent, right to a speedy & public trial, to an impartial jury and to confront and secure witnesses. |
| Substantive law | written law that governs rights and obligations of those who are subject to it. |
| Testimony | verbal evidence given by witness |
| Ultra Vires | beyond the legal power / authority of a person or official or body |
| Venire | a writ summoning persons to court to act as jurors |
| Voir Dire | preliminary examination of witnesses/jurors to determine competency. Literally means to speak the truth |
| Writ | a judicial order directing a person to do something |
| Writ of Mandamus | extraordinary writ that is not a matter of the officials discretion. (Used only when all other judicial remedies fail) |
| US Constitution | all individual freedoms and prohibition from abridging these freedoms are derived. The constitutional rights are the most important rights one can have and they can only be altered by constitutional amendment |
| Texas Constitution | rights more far reaching and more detailed than US Constitution. US Constitution always takes precedence. |
| Tenth Amendment | reserves all powers not granted to the federal government to the states. |
| 3 Forms Local Government | 1. Mayor Council Form 2. Commission Form 3. Council-Manager Form |
| 2 Forms Mayor-Council Form | Weak and Strong mayor |
| Commission form | power is shared equally among elected body. Was first adopted in Galveston TX in 1901 |
| Council-Manager Form | Uses corporate structure as model to make government less political and less subject to corruption. First adopted in 1912 Sumpter Ohio, 1914 Dayton OH |
| Dillon's Rule Year? | 1868 from State Supreme Court Judge John F Dillon that cities are the children of the state. |
| Fourteenth Amendment | No Discrimination - "no state shall deny to any person within its jurisdiction the equal protection of the laws" |
| 3 Types of Enforcement | Ordinances, regulations, Judicial |
| Ordinances | laws at the city, county, state level. |
| regulations | laws at the state and federal level |
| Judicial | laws based on precedents set in court |
| Texas Court System | Municipal Court-> County->District->Court of Civil Appeals0> TX Supreme->US Supreme Court. Small claims $500 - $1000. Can appeal if judgement is >$20 |
| Federal Court System | Federal distrcit court->5th Circuit Court of Appeals->US Supreme Court. Only goes to federal court if conflict of jurisdiction between individuals and states with an amount of >$50k or upon a question of federal law. |
| TX jurisdiction of 9 Circuit Court of Appeals | Fifth Circuit Court of Appeals New Orleans, Louisiana |
| Judges Role | interpret the law |
| Jury's Role | decide the facts |
| who can have a jury trial? | anyone upon request |
| Peremptory Challenge | a challenge to juror given without any reason |
| The Rule | if asked to invoke the rule it prohibits witnesses from hearing other witnesses testimony in the courtroom. Reps from defense and prosecution are immune. |
| Appeals can be made: | to settle a question of law or an incorrect ruling such as: a rule of evidence, procedure, substantive law, jury charge, or other technical legal points |
| First Amendment | Signs, freedom of speech |
| Fourth Amendment | No illegal search and seizures. Require a SW |
| Probable cause | evidence to warrant an arrest or search and seizure. (reason to believe) |
| The most effective method of enforcement is | routine periodic inspections |
| SW Time period | 3 days exclusive of its issuance and execution |
| Camara Vs Municipal Court of San Francisco | Search of private property is unreasonable unless have SW. |
| When consent not needed | Only when the CE has reason to believe an emergency exists (even then it's best to have a SW) |
| Plain View Doctrine | exception to the 4th amendment rule |
| No consent for Fires | Do not need consent only !) during the fire itself 2) reasonable time after the fire to determine cause 3) if cause cannot be found due to darkness/smoke a short period of time after that |
| Texas Public Info Act | TPIA - any info collected, assembled, maintained in connection with business they have the right to search it. |
| Comprehensive Zoning began: | in 1909 due to growth and industrialization |
| Standard Zoning Enabling Act | 1921 by President Herbert Hoover who appointed a commission to draft a model of zoning |
| The constitutionality of zoning | was upheld in Supreme court in 1926 in legal case Village of Euclid vs Ambler realty |
| TX adopted zoning in | 1927 |
| Urban Planning | the simple process in which sound decisions are made and action taken based on the collection, analysis & management of info |
| Urban planners deal with: | Addressing needs of future and resolving problems fo the past. |
| Comprehensive Plan | planning dept creates the comprehensive plan to lay out the direction f the city for physical, social, economic & environmental development of the city. |
| Planning Commision is: | a voluntary group of local citizens appointed by the city's government to advise on scope and direction of city's planning activities. |
| Planning commission steps | 1) ID major problems of the city in a PH 2) establish goals during the PH 3) collect and analyze the info 4) ID alternatives for future action 5) select the best alternative 6) ensure plan implementation |
| 4 components comprehensive plan | 1 Land Use 2 Transportation 3 community facilities 4) policies documents |
| land use component | ID best location for Agricultural, residential, industrial, commercial |
| Transportation | ensure street system works safely and efficiently and other methods of transportation such as railroads and airports |
| community facilities | Public improvements for schools, parks, sewer & water systems etc |
| Policies Docs | tells the citizens what the guidelines & standards are for implementing the comprehensive plan |
| 3 ways of zoning implementation | 1) Voluntary compliance 2) land Use controls (zoning and subdivision regulation) 3) Fiscal Policy (Capital Improvements Program - 5 year plan) |
| 3 Categories of zoning | Residential, commercial, industrial |
| 2 Types of Zoning | 1) Standard/Euclidean zoning - map with written set of regulations 2) Performance zoning - no specific zoning areas |
| 4 basic landuse categories | Agricultural, Residential, commercial, industrial |
| Subdivision AR | Agricultural/Residential |
| Subdivision R-1 | SF Residential District |
| Subdivision R-2 | Low Density Multi Family Residential District |
| Subdivision R-3 | High Density Multi Family Residential District |
| Subdivision MH | Mobile Home District |
| Subdivision HP | Historic Preservation District |
| Subdivision PO | Professional Office District |
| Subdivision C-1 | General Commercial District/Central Business District (CBD) |
| Subdivision C-2 | Neighborhood Commercial District |
| Subdivision C-3 | Planned Shopping District |
| Subdivision MI | Manufacturing/Industrial District |
| 3 Types Property Descriptions | 1. Metes & Bounds 2. Recorded Plat 3. Rectangular Survey |
| Metes & Bounds | Property description that identifies the parcel by specifying the shapes and boundaries of the peremeter of the property |
| Recorded Plat | most common - has a lock, block, section & subdivision |
| Deed Restrictions | private, multi party contract created for the benefit of a specific subdivision |
| Covenant | signed, written agreement between 2+ parties to preform some action |
| Restrictive covenant | promises that restrict the use of a property |
| Purpose of Front Setback | Utilities and keep property away from street |
| Purpose of side setback | fire break |
| Purpose of back setback | utilities and prevent encroachment |
| Lot coverage | regulated to prevent flooding and control population density |
| No through building and housing code | Building materials regulated through zoning? |
| Nuisances are | substantial and unreasonable interference with the use and enjoyment of ones property |
| Examples of nuisances | noise, glare, odors, diversion of water |
| 2 Forms relief nuisances | Injunctions that stop the nuisance and damages |
| Purpose of Nuisance ordinances | help regulate land use by being a catch all for violations not specifically addressed in other areas. |
| Zoning Comission | appointed before zoning is adopted to create a proposal for zoning regulations, boundaries., maps, and other materials to form a comprehensive zoning scheme |
| Zoning Commission | the city council through public hearing |
| Comprehensive plan includes: | 1) Maps (show zoning boundaries) 2) land use plans (forecast future growth) 3) Designation of districts 4) specifics of use allowed in those districts 5) zoning ordinance - regulations to enforce zoning comprehensive plan |
| Process Request change zoning | Person must submit an application with planning dept, planning dept must make a map of the area and create a mailing list of property owners who will be effected. , all owners within 200 ft must be sent a written notice 10 days before the public hearing and publish this notice in the paper and place a sign on the property. At the PH requires a 75% super majority vote to pass |
| 20% Rule | the Super-majority vote of 75% vote in favor of zoning change that says 20% of the owners within 200 ft submit written protests |
| Board of Adjustments is | empowered to grant releif when zoning ordinance will be an unecessary hardship. Must be made of 5 regular members and can have up to four alternate members. All decisions require a 4/5 vote or 75% supermajority. |
| Board of Adjustments have exclusive jurisdiction over what 3 aspects | Variances, Special exceptions, appeals |
| Board of Adjustments have exclusive jurisdiction over what 3 aspects | Legal nonconforming - grandfathered uses and illegal nonconforming - changes to use after zoning has been adopted. |
| 2 Ways of Conforming nonconforming use | 1) Abandonment - use discontinued for a stated period of time (ranges from 6 month to 2 years) 2) Amortization - process of terminating nonconforming use based on a time schedule predescribed by t he zoning board of adjustments meant to allow the owner time to recoup their investment. |
| Spot zoning | process of singling out a small parcel of land for use classification that is different than all the surrounding zoned areas. |
| Contract zoning | zoning agreement with developer to allow change in land use. - Is seen as invalid way of bargaining away the city's police power |
| Takings | government seizure of land through imminent domain proceedings |
| Fifth Amendment | Constitution that provides private property cannot be taken for public use without just compensation |
| Exclusionary zoning | the right of the city to zone properties to exclude certain uses. |
| 2 Ways zoning enforcement | building permits through policing and stop work order |
| Home Occupation | partial use of a dwelling unit for commercial/nonresidential use by a resident which use is subordinate and incidental to the use of the dwelling for residential purpose. |
| Limitations Home Based Business | 1) Commercial cannot be dominant use of dwelling, 2) limitations on floor area, 3) Limitations on employees, 4) Limitations on nonresidents 5) limitations on storage and sales |
| Negative impacts Homebased Business | Nuisances-noise, odors, excessive traffic, advertising, signs, parking other businesses. |
| avoid permanent garage sales | sales last no longer than 3 days / sales no more frequently than 2x a year / require a permit in residentially zoned area/ must be on owners property / no resales no consignments |
| Day care regulations | is regulated by state but can add permit/ size and location of outdoor play area / hours of operation |
| abandoned nuisance vehicle | motor vehicle of at least 10 years old and is of a condition to only be junked, crushed, dismantled. |
| antique vehicle | vehicle at least 25 years old |
| department | TX dept of transportation |
| Garagekeeper | keeper of storage facility |
| Junked vehicle | Self propelled vehicle that is has no unexpired license plate and valid motor vehicle inspection certificate and is either wrecked dismantled/discarded or inoperable and has remained inop for more than 72 hrs on public property or 30 consecutive days on private property |
| Motor Vehicle Collector | owns more than 1 antique/special interest veh or part of one to restore & preserve for historic interest |
| Motor Veh Demolisher | one who wrecks, dismantles or converts motor vehs into scrap metal. |
| Special Interest Veh | a veh of any age that's not been changed from its original manufactured specifications and is being preserved by a hobyist for historic interest |
| Storage Facility | garage, pk lot, establishment for servicing, repairing, or parking of a motor veh |
| Abandoned Motor Veh | Inoperable and more than 5 years old and left unattended on public property for more than 48 hours, has remained illegally on public property for more than 48 hours, remained on private property without the owners consent for more than 48 hours or left unattended for more than 24 hours on a turnpike/highway maintained by the TX DPS |
| Who may take into custody an abandoned motor vehicle, aircraft, watercraft or outboard motor found on public/private property? | Law Enforcement |
| Can law enforcement use outside agency equipment/contract out to remove/preserve/store/send notice and dispose of a vehicle taken into custody? | Yes |
| Notification of impounded veh must: | Be sent by certified mail to all owners and interested parties before the 10th day after taken into custody. And must include the year, make, model and VIN of the veh, where it is being stored, the right to claim no later than the 20th day of the notice of payment of towing, preservation, storage charges or garage keepers charges and fees and must state failure to claim will cuase waiver of all rights |
| If ID of all owner cannot be found when impounding a veh | LE must publish in one newspaper in town where vehicle was found with all information required of a notice with same time frame |
| Who do you need to check with when seizing an aircraft? | Federal Aviation Administration or Secretary of State |
| Who do you need to check with when seizing a watercraft or outboard motor? | Parks and Wildlife Dept |
| Upon purchase of an auctioned vehicle the new owner receives | the title free and clear of all leins, a sales receipt from the law enforcement agency and is entintled to register the vehicle and recieve a certificate of title |
| Is a motor vehicle demolishes required to accept a certificate of authority in lieu of a certificate title for a vehicle? | Yes |
| When demolishing a vehicle the demo co. must keep a record of what? | the name & address of the person whom the vehicle was squired and the date of acquisition. Must keep this info. for 1 year |
| Why is a junked vehicle a public nuisance when seen from public view? | Is detrimental to safety, reduces property value, invites vandalism, fire hazard, is a health & safety hazard to minors, produces urban blight. Is a misdemeanor of not more than $200 |
| Procedures for abatement of junked vehicles must: | 1) Prohibit a veh from being reconstructed/made operable after removal 2) require notice be sent to the owner before removal 3) procedures must be completed by regular salaried full time employees of the municipality 4) upon receipt of notice of removal of a motor veh the dept shall immediately cancel the certificate of title. |
| Notice of junk vehicle abatement must: | 1) Provide no less than 10 days notice before removal 2) must be personally delivered by postman or sent certified mail with a 5 day return request and signature confirmation to all owners/interests, if on private property a notice must be sent to the owner of that property, if on public right of way must be sent to the property adjacent to that right of way. |
| Notice of junk vehicle must state | nuisance must be abated within 10 days of the date the notice was delivered or mailed. Any hearing must be made before the end of the 10th day. If the address of the owner is unkown the notice can be placed on the junk vehicle itself. if notice is returned undelivered the abatement can still be completed by LE no earlier than the 11th day |
| Junk vehicle hearing | if a hearing is requested it can take place no earlier than the 11th day. at the hearing the junked vehicle is assumed inoperable unless the owner can prove operabilty, will order removal. |
| Removal of a motor vehicle must include: | description of vehicle, VIN #, license plate # |
| removal of an aircraft must contain | description of aircraft, federal aircraft ID # |
| removal of watercraft must include: | description of watercraft, watercraft certificate number (ID#) |
| Junk vehicle exceptions | Veh is completely enclosed in a building or enclosure and is not visible from any public or private property. OR oen that is stored in a lawful manner on private property in connection with a business of a licensed dealer/junkyard OR special interest veh stored by motor veh collector on collectors property as long as maintained in orderly manner, not a health hazard and is screened from public view |
| TX Transportation Sub chapter 683= | Embellishment of abandoned motor vehicles |
| Abate | to eliminate or remedy by removal, repair, rehab, demo |
| Building | a structure built to support, shelter, enclose a person, animal or item |
| Premises | all privately owned property including vacant land |
| List public nuisances | outdoor storage, rubbish trash, high grass >36", unsafe building conditions, illegal dumping, improper maintenance of a swimming pool |
| Criminal penalty for nuisances | If nuisance uanbated after the 30th day of the date the person receives the notice it is a fine not <$50 and not >$200. If in court shown has previously been convicted of that offense its not <$200 and not >$1000 confinement in jail not >6 months or both. Each day the violation occurs after the 30 days notice is a separate offense. If convicted the court will order abatement of the nuisance. |
| Illegal dumping | Class C misdemeanor if solid waste weighs <5lbs or volume <5 cubic ft punishable by fine not >$500 and/or confinement in jail 30 days // Class B misdemeanor weighs >5lbs but <500lbs or has volujme >5 gallons but <100 cubic ft // Class A misdemeanor weighs > 500 lbs but <1000 lbs /volume of >5 gallons but <200 cubic ft. // State jail felony if weighs >1000+ lbs or volume >200 cubic+ ft, is disposed for commercial purposes and weighs 200lbs + or has a volume of 200 cubic ft+ and is contained in a closed barrel or drum. |
| TCEQ | Texas Commission of Enviornmental Quality - collection & recycling o ftiers. anyone who stores >500 tires must register with TCEQ. |
| Years ago the state eliminated the $2.00 disposal charge of tires and replaced it with a battery fee of $4.00 | True |
| Nuisance notice if address unknown | Provide notice of violation by publication at least 2x within 10 consecutive days, post notice on or near the front door of each bldg in violation/ post notice on a placard that is staked into the ground of the property in violation. |
| Lein | Municipality may file statement of expenses with county clerk for abatement of nuisances. |
| A lein is only inferior to: | Tax leins and street improvement |
| A municipality can impose a lein against the land unless it has a: | homestead exemption |
| Real Property | real estate, anything that is attached/affixed to the land |
| rubbish | non putricible waste including debris, tin cans, bottles, paper, grass, weed cuttings, paper boxes, short & light or wood building material |
| Health and Safety Code (HSC) | Addresses illegal dumping and describes the criminal penalties |
| Texas Water Code (TWC) | Addresses the enforcement of the illegal dumping code and includes using someone else's dumpster without permission is the same penalty as dumping the same amount of solid waste. |
| Why is high grass and weeds a nuisance? | High risk for mosquitos, rats, snakes, poses fire hazard and high grass in bar ditches stops the natural flow of water which can cause drainage problems |
| Abatement of high grass and weeds | Requires notice to the owner unless it is = or > 48" then it is deemed an emergency and can be abated first and the owner notified afterwards. (Can do so without funding) |
| The duty of code enforcement: | help protect against all nuisances and provide a quality of life to all citizens without discrimination |
| International property maintenance code | ensure public health, safty, and welfare as they are affected by the continued occupancy and maintenance of structures and premises. |
| Building codes | pertain to NEW construction and provide minimum requirements for life, safety, health, public welfare and protection of property. Also provide provisions for rehabilitation of existing buildings (to bring to current year code) |
| Dangerous buildings | Those in imminent danger of collapse due to dilapidation, decay, structural inadequacy or those having inadequate means of egress |
| January 1, 2002 All municipalities must adopt: | International Residential Code |
| Zoning can be used to protect historic buildings by: | controlling land use around the structure and keeping those structures compatible |
| Codes are changed/updated in a 2 step process | First they are changed through legislation, then they are adopted by each municipality |
| Housing Code | To establish a minimum standards essential fo rsafe, sanity and fit human habitation by governing use, maintenance, and occupancy of EXISTING residential buildings. |
| Intent of code enforcement with regards to rehabilitation | to encourage rehab and conservation of older building stock |
| Housing rehab process originates from: | 1) Voluntary decisions by owner to make repairs to conserve the bldg instead of demolishing and 2) systematic survey thorughout the city by CE to find which areas and which bldgs need rehab /demo to remove unsafe and unhealthy conditions |
| Floor space per person | Total area of habitable space. 150 ft for first occupant. 100 ft for each additional person above age 12, 50 sqr ft for each person under age 12 but older than 12 months. 0 ft for those under 12 months. |
| Owners include | holder of title |
| Habitable ceiling space requirement: | 7 ft tall ceilings. |
| Sleeping room requirements | 36 square ft floor space for first occupant and 27 square feet for each additional |
| Landlord notice requirements | Must post in their office the name and address of the property manager and leave a notice of entry whenever ente rthe apt without specific permission of the tenant to include date, time, purpose and the name of the person who entered. |
| Dangerous buildings | dilapidated, substandard, unfit for human habitation and is a hazard to health, safety, and welfare of the citizens |
| Mobile home vs. manufactured home | Mobile home= build prior June 15 1976 / Manufactured Home built after June 15 1976 and has a permanent foundation |
| The city may regulate the location of MH and MFT homes in the absence of zoning? | True |
| What are the 2 codes primarily involved in the approach of rehabilitation | Housing & Building codes |
| Name 3 results from a Housing Inspection | Changes/Improvements made by owner/consultation with Owner/defense against legal action |
