05-A Administrative Warrants - Laserfiche WebLink

Home Browse Search

AGENDA INFORMATION SHEET PROJECT: Ordinance authorizing the Municipal Court Judge to issue to code inspectors administrative search warrants for health, fire, and code inspections. BACKGROUND: City Council has previously adopted a comprehensive ordinance regarding the abatement of the nuisances of high grass and weeds and the accumulation of rubbish on private property. The ordinance provides for criminal cases to be filed in the Municipal Court. Council is currently considering an ordinance regulating dangerous structures and establishing a building and standards commission to review properties presented by City code inspectors for possible demolition or repair. Priar to filing any criminal case, or presenting any property to the building and standards commission, code inspectors will have to inspect the premises in question to determine if violations exist, and if so, to document those violations for presentation either to a court ar to the building and standards commission. The Fourth Amendment to the Constitution of the United States provides thatan individual is to be free from unreasonable searches and seizures ofhis person or property. Consequently, in order to enter onto or into premises not ordinarily open to the pubic, an agent of the State, in this instance, a code inspector for the City of Paris, should, in order to be able to conduct a thorough investigation, have a search warrant supported by probable cause to believe a violation exists and issued by a court. Atthis time, code inspectors have documented violations ofthe weed and rubbish ordinance by conducting their inspections from public property, from private property on which they have been given permission to enter (e.g., a next door neighbor's yard), or from portions of the property ordinarily open to the public (e.g., sidewalks, front porches). While this has posed few problems in enforcing the weeds and rubbish ordinance, thoroughly investigating substandard structures will most often require enhy into the structure itself. DESCRIPTION: The attached proposed ordinance authorizes the Municipal Court Judge to issue administrative search warrants for health, fire, and code inspections. The Texas Code of Criminal Procedure specifically authorizes search warrants for this purpose, and the Texas Attorney General's office has opined that a home rule city may adopt an ordinance authorizing its municipal courts to issue administrative warrants for such purposes. No seizure of property or arrest of persons is authorized under such a warrant; it merely allows a code inspectar to enter onto and into property and structures so that a proper inspection can be made. RECOMMENDED ACTION: Consideration and adoption of attached ordinance concurrent with adoption of the dangerous buildings ordinance. STAFF CONTACT: Larry W. Schenk, City Attorney; Stephanie H. Harris, Assistant City Attorney COST: There is no meaningful cost associated with passage of the ordinance. SCHEDULE: Consider in conjunction with dangerous sh-uctures ordinance. This ordinance should be in place by the time the code inspection department begins investigations under the new ordinance if adopted. Council should consider adopting this ordinance even if Council declines to adopt the dangerous structures ordinance as such warrants will be invaluable in the myriad of other health and safety violations various City inspectors are called upon to investigate. COUNCIL DATE: Consider at regular meeting of City Council on May 6, 2002.