Loading...
2002-028-ORD AMENDING CHAPTER 17 OF CODE OF ORDINANCES TO REFERENCE CODE INSPECTORS ORDINANCE NO. 2002-028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO REFERENCE CODE INSPECTORS THEREIN; AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO REFERENCE CODE INSPECTORS THEREIN; PROVIDING FOR THE AMENDMENT OF ALL OTHER ORDINANCES IN THE CITY OF PARIS TO REFERENCE CODE INSPECTORS THEREIN; PROVIDING A REPEALER; PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Article 4447bb of Chapter One, Title 71 of the Texas Health Code provides an official designation of "code enforcement officer"; and, WHEREAS, the aforesaid State definition and designation of "code enforcement officer" provides a wider range of authority, responsibility, and knowledge than is currently required of code enforcement officers in the City of Paris; and, WHEREAS, Section 12(b) of Article 4447bb exempts cities as political subdivisions of the State from being required to employ persons registered under the aforesaid Act if said city engages in code enforcement, authorizing cities to designate said employees with titles other than "code enforcement officer"; and, WHEREAS, the City of Paris desires to make such re-designation from" code enforcement officer" to "code inspector" to be consistent with State law and the designated responsibilities of the City's officers; 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. Section 2. That Section 17-29 of Article II of Chapter 17 of the Code of Ordinances of the City of Paris shall be and is hereby amended to substitute "code inspector" for "code enforcement officer," said amended Section 17-29 to read as follows: "Sec. 17-29. Lien authorized. "The charges provided for in this article shall be levied, assessed, and collected by the City. In the event the owner of said premises upon which the work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after the written notification to pay, there shall be assessed the charges and expenses incurred against the real estate on which the work was done. After such time, or after an administrative hearing if one is requested by the owner, whichever is later, the mayor; the city manager, city attorney, city clerk, code inspector, as the mayor's designee; municipal health authority; or other municipal official designated by the mayor, shall file a statement with the county clerk of the expenses incurred in the abatement of the above-described condition, including administrative fees as described herein, and the City shall have a privileged lien on any lot or lots upon which such expenses were incurred, second only to tax liens and liens for street improvements. The lien statement shall state the name of the owner, if known, and the legal description of the property. A copy of the lien statement filed with the county clerk shall be mailed to the owner, if the owner is known. Said privileged lien shall bear interest at the rate of ten (10) percent per annum from the date the work was performed (if the work was performed by the City) or from the date payment therefor was made by the City (if the work was performed by a contractor retained by the City). For any such expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the name of the City and the statement so made as aforesaid or a certified copy thereof, shall be prima facie proof of the amounts expended for any such work or improvement. " Section 3. That Section 19-19 of Article II of Chapter 19 of the Code of Ordinances of the City of Paris shall be and is hereby amended to substitute "code inspector" for "code enforcement officer," said amended Section 19-19 to read as follows: "Sec. 19-19. Authority to enforce. "The chief of police, his agent, any city police officer, or the code inspectors of the City may enter upon private property for the purposes specified in this article to examine vehicles or parts thereof, obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. " Section 4. That any ordinance or portion thereof, or any resolution of portion thereof, previously adopted by the City Council of the City of Paris, wherein reference is made to "code enforcement officer," shall be, and is hereafter, amended to substitute "code inspector" therein. Section 5. That any and all ordinances or resolutions in conflict herewith are hereby repealed to the extent to such conflict only. Section 6. That if any section, subsection, paragraph, sentence, or other portion of this ordinance shall be found unlawful or unconstitutional by a court of competent jurisdiction, such finding shall not affect the legal enforceability of the remainder of this ordinance, it being the intention of the City Council of the City of Paris, Paris, Texas, that the provisions of this ordinance are severable, and the remaining portions of said ordinance shall remain in full force and effect. Section 7. That this ordinance shall be effective from and after its date of passage. PASSED, APPROVED, AND ADOPTED this 13th day of May, 2002. ATTEST: APPROVED AS TO FORM: