From
Fred Bates, Jr.
Title
Ordinance amending the Code of Ordinances Part I, Chapter 29 - Code Compliance, Section 29-2, "Same - Duties," Section 29-20, "Administrative Seizure Warrant," Section 29-129, "Declaration of Nuisance," authorizing the code compliance manager to enforce article; providing criteria for administrative warrants; modifying the maximum penalty for a junked motor vehicle, providing for a cumulative clause, a savings clause and a penalty clause; and to become effective upon passage, approval and publication
Presenter
Steve Collins, Code Compliance Manager
Recommended Action
Approve
Analysis
The City of Grand Prairie is situated within the expanding Dallas - Fort Worth Metroplex. This combination of varied; urban, suburban, commercial, and industrial growth necessitates a standardized code compliance system that is not capricious, arbitrary, nor inconsistent in maintaining compliance. The Grand Prairie Police Department, currently responsible for overseeing the City’s code compliance through the Code Enforcement Division, reviewed and revised City’s Code of Ordinances, Part I, Chapter 29 - Code Compliance. This review and revision was based on “Best Practices” and brought the ordinance into alignment with industry standards.
The Police Department’s participation in this quality of life issue extends into the enforcement of the various public and private property standards and codes in order to fully ensure that citizens of the City continue to enjoy a positive experience within City. Staff therefore proposes the following; the addition of the Code Compliance Manager to the list of individuals allowed to enforce this Chapter (29-2), the provision for written legal criteria for municipal judges when reviewing administrative seizure warrants for nuisance abatements of substandard buildings and junked / abandoned vehicles (29-20), and a revision of the “Fine Amount” to remain consistent with State law on the penalty for “junked / abandoned vehicles" (29-129).”
The Public Safety, Health and Environmental Committee reviewed this item on February 6, 2017 and recommended that it be forwarded to the City Council for approval.
Financial Consideration
None
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 29, SECTION 29-2 "SAME DUTIES"; SECTION 29-20 "ADMINISTRATIVE SEIZURE WARRANT,"; AND SECTION 29-129 "DECLARATION OF NUISANCE" OF THE CODE OF ORDINANCES, AUTHORIZING THE CODE COMPLIANCE MANAGER TO ENFORCE ARTICLE; PROVIDING CRITERIA FOR ADMINISTRATIVE WARRANTS; MODIFYING THE MAXIMUM PENALTY FOR A JUNKED MOTOR VEHICLE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE, APPROVAL, AND PUBLICATION
WHEREAS, The City Council is empowered to establish regulations for the protection of public health and safety; and
WHEREAS, revisions to Chapter 29 of the Code of Ordinances would help to improve the quality of life for citizens as well as protect property values; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 29-2 of the Code of Ordinances is hereby repealed and amended to read in its entirety as follows:
Sec. 29-2. - Same-Duties.
o
The code compliance manager, chief building official, housing and neighborhood services director and environment services director shall be in charge of the appropriate compliance department or division and shall be responsible for enforcement of this article and of the city's environmental, housing and zoning codes and ordinances, if so designated by the city manager. The appropriate director or manager shall designate employees to enforce City Code provisions. Enforcement personnel shall be responsible for performing recurring inspections of properties in order to cause the abatement of environmental, health, zoning and housing nuisances. The city manager, or his designee, or any of the enforcement managers or directors are authorized to appoint state-licensed peace officers as "abatement officers" for nuisance abatement and illegal dumping duties, and such officers shall report to the appropriate manager, or director, or his designee, as a member of the staff of said department. Each peace officer appointment shall terminate with the termination of the nuisance abatement/illegal dumping duty for which the peace officer was hired. The code compliance manager, chief building official, the housing and neighborhood services director and the employees of such department or departments shall prepare cases for review by the building advisory and appeals board. Such officers and employees will initiate and participate in legal action, when required, to be processed through the municipal court or any other legal system, and in nuisance abatement actions performed by the city.
SECTION 2. That Section 29-20 of the Code of Ordinances is hereby repealed and amended to read in its entirety as follows:
Sec. 29-20. - Administrative Seizure Warrant.
(a) Substandard Buildings and Nuisance Abatements. A Magistrate shall have the power and is hereby authorized to issue a seizure warrant authorizing the Code Compliance Manager or his authorized designee to take possession of any structure or property for the purpose of repairing, vacating, or demolishing said structure or property or for nuisance abatement, upon presentation by the Code Compliance Manager or his authorized designee to the Magistrate of an order of the building advisory and appeals board that requires repairing, vacating, or demolishing said structure or property or a nuisance abatement. A warrant shall not be issued unless it is supported by a sworn affidavit stating that:
(1) The City has complied with the procedures set forth in the Grand Prairie Code of Ordinances, state law, and/or any applicable building code;
(2) Repairing, vacating, or demolishing the structure or property or nuisance abatement has been ordered by the building advisory and appeals board; and
(3) The time for appeal of the order to district court has expired and no appeal has been taken or, in the alternative, the order was appealed to district court but the appeal has been finally resolved in a manner that does not prevent the city from proceeding with repairing, vacating, or demolishing the structure or property or nuisance abatement.
(b) Junk/Inoperable Motor Vehicles. A Magistrate shall have the power and is hereby authorized to issue a seizure warrant and/or judicial order authorizing the Code Compliance Manager or authorized designee to take possession of any vehicle declared to be a public nuisance for the purpose of removal and abatement. A warrant and/or judicial order shall not be issued unless it is supported by a sworn affidavit stating that:
(1) The City has complied with the procedures set forth in the Grand Prairie Code of Ordinances, state law, and/or any applicable City code;
(2) All notices required were provided pursuant to the Grand Prairie Code of Ordinances and the Texas Transportation Code; and
(3) No request for a hearing was made within the time specified in the Grand Prairie Code of Ordinances and the Texas Transportation Code; or in the alternative, a hearing was held by the building advisory and appeals board, and the abatement of said nuisance was ordered by the building advisory and appeals board; or in the alternative, a person was convicted of maintaining a junked or inoperable vehicle public nuisance in the Grand Prairie Municipal Court.
SECTION 3. That Section 29-129 of the Code of Ordinances is hereby repealed and amended to read in its entirety as follows:
Sec. 29-129. - Declaration of nuisance.
o
(a) In accordance with the Texas Abandoned Motor Vehicle Act, a junked or inoperable vehicle which is located in any place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state and the city, by producing urban blight which is adverse to the maintenance and continuing development of the city, and such vehicle is, therefore, declared to be a public nuisance.
(b) A person commits an offense if that person maintains a public nuisance as determined under this article.
(c) A person who commits an offense under this section is, on conviction, subject to a fine not to exceed two hundred dollars ($200.00). On conviction, the court shall order the removal and abatement of the nuisance.
SECTION 4. Severability.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 5. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 6. Penalty Clause.
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of Section 29-129 of this article shall be subject to a maximum fine of $200 and if violating of failing to comply with any other section of this article shall be fined in accordance with Texas law and Section 1-8 of the Code of Ordinances, with a maximum fine of two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 7. Effective Date.
This ordinance shall become effective from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 7TH DAY OF FEBRUARY, 2017.
_____________________________
Mayor, Grand Prairie, Texas
ATTEST:
_____________________________
City Secretary
APPROVED AS TO FORM:
____________________________
City Attorney