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: