05-B Code InspectorsDRAFT
J:Wttorney~isaAOr~anttsACiJRRENTVCOtle Officu Ortl.wptl
May 10, 2002
ORDINANCE NO.
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; MAHING 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 consistentwith State law andthe designatedresponsibilities ofthe 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 wark 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 wark 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 wark was perfortned (if the wark was performed by the City) or from the date
payment therefor was made by the City (if the wark 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 wark 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, ar the code inspectors of the City
may enter upon private property far the purposes specified in this article to examine
vehicles or parts thereof, obtain infortnation 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.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney