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05-A Administrative Warrants
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05-A Administrative Warrants
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Last modified
9/12/2012 9:50:58 AM
Creation date
5/6/2002 5:17:36 PM
Metadata
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Template:
AGENDA
Item Number
5-A
AGENDA - Type
ORDINANCE
Description
Administrative Search Warrants
AGENDA - Date
5/13/2002
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WHEREAS, Section 54.032 (3) ofthe Local GovernmentCode authorizes the quasi- judicial <br />enforcement of ordinances which relate to dangerously damaged or deteriorated buildings or <br />improvements; and, <br />WHEREAS, Section 54.032 (4) ofthe Local GovernmentCode authorizes the quasi judicial <br />enforcement of ordinances which relate to conditions caused by accumulations of refuse, vegetation, <br />or other matter that creates breeding and living places for insects and rodents; and, <br />WHEREAS, Section 54.032 (5) ofthe Local GovernmentCode authorizes the quasi judicial <br />enforcement of ordinances which relate to a building code ar to the condition, use, or appearance of <br />property in a municipality; and, <br />WHEREAS, Section 54.033 of Subchapter C of Chapter 54 ofthe Local Government Code <br />authorizes the creation of a building and standards commission to hear and determine cases alleging <br />violations of ordinances concerning damaged or deteriorated structures or procedures, and the City <br />Council of the City of Paris desires to create and implement such a building and standards <br />commission to enforce this ordinance; and, <br />WHEREAS, Subchapter A of Chapter 217 of the Local Government Code authorizes a <br />home-rule city to enforce all ordinances necessary to prevent and summarily abate and remove <br />nuisances; and. <br />WHEREAS, the City Council has adopted ordinances relating to the abatement ofthe above- <br />described nuisance conditions; and , <br />WHEREAS, it is necessary far the effective enforcement of these ordinances for City code <br />inspectors to enter onto private property for the purpose of investigating and documenting such <br />nuisances; and, <br />WHEREAS, it is necessary in many instances that City code inspectors obtain search <br />warrants to enter onto property or enter structures located thereon in order to complete such <br />investigations; and, <br />WHEREAS, the Code of Criminal Procedure, Article 18.05 authorizes the issuance of <br />warrants for fire, health, and code inspections; and, <br />WHEREAS, the City of Paris is a home rule city; and, <br />WHEREAS, the Office of the Attorney General of Texas has opined that a home rule city <br />can enact an ordinance providing for administrative search warrants for fire, health and code <br />inspections to be issued by a municipal court judge; NOW, THEREFORE, <br />Page 2 of 6 <br />
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