2002-027-ORD AMENDING CHAPTER 18 ARTICLE II OF CODE OF ORDINANCES BY ADOPTING SECTION 18-24
ORDINANCE NO. 2002-027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING CHAPTER 18, ARTICLE II OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS BY ADOPTING THERETO
SECTION 18-24, ENTITLED "ADMINISTRATIVE SEARCHW ARRANTS";
GRANTING THE MUNICIPAL COURT OF THE CITY OF PARIS, PARIS,
TEXAS, AUTHORITY TO ISSUE SUCH WARRANTS; ESTABLISHING
PROCEDURES FOR APPLICATION FOR OBTAINING SAID WARRANTS;
DESIGNATING CITY OFFICIALS WHO MAY APPLY FOR SAID
WARRANTS; SETTING STANDARDS FOR ISSUANCE OF WARRANTS;
PROVIDING PROCEDURES FOR EXECUTING WARRANTS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, in conjunction with other
governmental entities, private groups, and private individuals, has supported and participated in a
community-wide beautification program intended to remove junk, litter, and other unsightly
materials, generally improve blighted areas ofthe City, protect and preserve the public health, safety,
and welfare, and generally improve the overall appearance ofthe community; and,
WHEREAS, in pursuit of such goals, the City Council desires to protect the public health
and safety at the same time protecting the rights of individual property owners; and,
WHEREAS, Section 54.004 of the Local Government Code authorizes home-rule cities to
enforce ordinances necessary to protect health, life, and property and to preserve the good
government, order, and security of the City and its inhabitants; and,
WHEREAS, Section 54.012 (6) of the Local Government Code authorizes municipalities
to bring civil actions for the enforcement of ordinances relating to dangerously damaged or
deteriorated structures or improvements; and,
WHEREAS, Section 54.012 (7) of the Local Government Code authorizes municipalities
to bring civil actions for the enforcement of ordinances relating to conditions caused by
accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects
and rodents; and,
WHEREAS, Section 54.032 (3) of the Local Government Code authorizes the quasi- judicial
enforcement of ordinances which relate to dangerously damaged or deteriorated buildings or
improvements; and,
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WHEREAS, Section 54.032 (4) ofthe Local Government Code authorizes the quasi-judicial
enforcement of ordinances which relate to conditions caused by accumulations of refuse, vegetation,
or other matter that creates breeding and living places for insects and rodents; and,
WHEREAS, Section 54.032 (5) ofthe Local Government Code authorizes the quasi-judicial
enforcement of ordinances which relate to a building code or to the condition, use, or appearance of
property in a municipality; and,
WHEREAS, Section 54.033 of Subchapter C of Chapter 54 ofthe Local Government Code
authorizes the creation of a building and standards commission to hear and determine cases alleging
violations of ordinances concerning damaged or deteriorated structures or procedures, and the City
Council of the City of Paris desires to create and implement such a building and standards
commission to enforce this ordinance; and,
WHEREAS, Subchapter A of Chapter 217 of the Local Government Code authorizes a
home-rule city to enforce all ordinances necessary to prevent and summarily abate and remove
nuisances; and.
WHEREAS, the City Council has adopted ordinances relating to the abatement of the above-
described nuisance conditions; and ,
WHEREAS, it is necessary for the effective enforcement of these ordinances for City code
inspectors to enter onto private property for the purpose of investigating and documenting such
nuisances; and,
WHEREAS, it is necessary in many instances that City code inspectors obtain search
warrants to enter onto property or enter structures located thereon in order to complete such
investigations; and,
WHEREAS, the Code of Criminal Procedure, Article 18.05 authorizes the issuance of
warrants for fire, health, and code inspections; and,
WHEREAS, the City of Paris is a home rule city; and,
WHEREAS, the Office of the Attorney General of Texas has opined that a home rule city
can enact an ordinance providing for administrative search warrants for fire, health and code
inspections to be issued by a municipal court judge; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
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Section 2. That there is hereby adopted to the Code of Ordinances of the City of Paris, Paris,
Texas, Section 18-24 to Chapter 18, Article II, entitled "Administrative Search Warrants," to read
as follows:
"Sec. 18-24. Administrative Search Warrants
(a) Definitions. For purposes of this section;
Code Inspector shall mean the code inspectors of the City of Paris,
Paris, Texas, as the same shall be designated by the City Manager ofthe City
of Paris.
Municipal Court Judge shall mean the duly appointed Judge of the
Municipal Court ofthe City of Paris.
Search warrant shall mean a written order, issued by the Municipal
Court Judge and directed to any code inspector, commanding him or her to
enter onto specified property, including structures, to determine the presence
of a violation or violations of any ordinance or ordinances of the City of
Paris, Paris, Texas.
(b) Interference. Any person interfering with the execution of a lawful search
warrant issued pursuant to this section shall be guilty of a misdemeanor, the penalty
for which is not to exceed $500.00.
(c) Conflicts. Nothing in this section shall be construed to conflict with any
state or federal law, and the authority granted herein shall be in addition to any rights
granted by state or federal law .
(d) Authority to seek and issue search warrant. Code inspectors are hereby
authorized to seek and obtain search warrants from the Municipal Court Judge, as
provided in this section, before making any inspection incidental to the enforcement
of any provision in this Code. The Municipal Court Judge is hereby authorized to
issue such warrants subject to the requirements of this section. No warrant issued
under this section shall include the authority to make arrests or to seize tangible
property, and no code inspector executing such a warrant is authorized to make any
arrests or seize any tangible property.
( e) Probable cause. No search warrant shall be issued pursuant to this section
except on the presentation of evidence of probable cause to believe that a violation
or violations are present in the premises sought to be inspected. In determining
probable cause, the Municipal Court Judge is not limited to evidence of specific
knowledge, but may consider any of the following:
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(1) The age and general condition of the premises;
(2) Previous violations or hazards found present in the premises;
(3) The type of premises;
(4) The purposes for which the premises are used; and
(5) The presence of hazards or violations in the general condition of
premises near the premises sought to be inspected.
(f) Affidavit required. A sworn affidavit setting forth substantial facts
towards establishing probable cause shall be filed in every instance in which a search
warrant is requested.
(g) Contents of warrant. A search warrant issued pursuant to this section
shall be sufficient if it contains the following requisites:
(1) That it run in the name of 'The State of Texas';
(2) That it identify, as near as may be, the premises to be inspected;
(3) That it command a code inspector to inspect forthwith the
premises described; and
(4) That it be dated and signed by the Municipal Court Judge.
(h) Execution. A code inspector to whom a search warrant is delivered shall
execute it without delay and forthwith return it to the Municipal Court Judge. It must
be executed within three (3) days from the time of its issuance, and shall be executed
within a shorter period if so directed in the warrant by the Municipal Court Judge.
On searching the place ordered to be searched, the code inspector executing the
warrant shall present a copy of the warrant to the owner ofthe place, ifhe is present
on the premises to be searched. Ifthe owner ofthe place is not present but a person
who is present is in possession of the place, the code inspector shall present a copy
of the warrant to the person. If neither the owner nor a person in possession of the
property is present when the code inspector executes the warrant, the code inspector
shall leave a copy of a warrant at the place by affixing it to the front door of the
building or premises inspected. In every instance, entry shall be effected using the
minimum force necessary according to the circumstances.
(i) Computation of time for execution of warrant. The time allowed for the
execution of a search warrant shall be three (3) whole days, exclusive ofthe day of
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its issuance and ofthe day of its execution. The Municipal Court Judge shall endorse
on such search warrant the date and hour ofthe issuance of the same.
(j) Power of code inspector executing warrant. In the execution of the search
warrant, the code inspector may call to his or her aid any peace officer or any number
of citizens in the City of Paris, who shall be bound to aid in the execution of the
warrant.
(k) Return of warrant. Upon returning the search warrant, the code inspector
shall state on the back ofthe warrant, or on some paper attached to it, the manner in
which it has been executed and shall likewise deliver to the Municipal Court Judge
a copy of the report resulting from that inspection.
(1) Records. The Municipal Court Judge shall keep a record of all
proceedings had before the Court in the cases of search warrants as part ofthe official
records of the Court."
Section 3. That any person violating subsection (b) of Sec. 18-24 of the Code of Ordinance
shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed
$500.00.
Section 4. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
Section 5. That all other ordinances or parts of ordinances in conflict herewith and not
expressly addressed herein are hereby repealed to the extent of such conflict only.
Section 6. That this ordinance shall become effective on June 1, 2002.
PASSED AND ADOPTED this 13th day of May, 2002.
ATTEST:
Mattie Cunningham, City Clerk
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APPROVED AS TO FORM:
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