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Code Enforcement (Texas)


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House Bill 2437 TX Legislature
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requires Continuing Education for Code Enforcement Officers & CEO in Training

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Code Enforcement (Texas) - Details

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House Bill 2437 TX Legislature
Requires Continuing Education for Code Enforcement Officers & CEO in Training
Continuing Education Requirements are:
6 Hours per year with 1 being Legislative
Purpose of Code Enforcement
To establish and maintain a standard of quality of life for all citizens by providing quality inspections and bringing about improvements and rehab to neighborhoods served.
TX Admin Code 2017 of TDLR defines Code Enforcement
Inspection, improvement, rehab of the enviornmental hazards in public and private premises by determining present of fire or health hazards, nuisance violations, unsafe building conditions, and violations of any fire, health or building regulation, statute, or ordinance.
Inspection
Thorough search / critical examination
Investigation
Process of gathering info
Improvement
To make better
Rehabilitation
Restore to current year codes
CEO vs CEO in Training
CEO= 1 year or more experience. CEO in training = 1 year or less and is supervised by registered CEO
Policing power
The right of a city, based on state enabling legislation, to protect the public's health, safety, general welfare.
AACE (American Association of Code Enforcement
Represents CEO on a national level.
International Code Council
Try to make a single set of codes
Texas Municipal League (TML)
Says only peace officers allowed to write citations through TX commission of Law Enforcement (TCOLE)
Notice of Violation
CEO allowed to issue on behalf of the city where a violation occurs. Must include text of ordinance being violated, the conduct that violates the ordinance and how to come into compliance. The period of time they have to come into compliance and a warning that if not completed the complaint will be filed with the court.
PREPARED
Proactive, Responsive, Empathetic, Patient, Alert, Ready, Educated, Disciplined
Code Standards Institute,TX (CSI)
Online continuing education
Code enforcement hats
Fire dept, animal control, PD, Social Worker, economic developer, law interpreter, health official.
Code Enforcement exam measures:
The knowledge & skills required to be a CEO
Absolute immunity
Status that places a person beyond the law & makes them free from legal obligations
Affiant
Person who makes, subscribes & signs the affidavit
Affidavit
Written declaration of facts supported by oath before a person who has authority to administer it
Civil Action
Legal action to protect a private civil right or compel a civil remedy (different than criminal prosecution)
Defamation
Something that tends to injure a persons reputation
Dillon's Rule
Municipal govts have only those powers expressly granted to them by state legislature, those necessarily implied from the grant of power and those that are essential and indispensable to the municipalities existence and function.
Enabling legislation
The act of giving/enacting laws (not the same as court made laws)
General Law city
Operates under the laws of the state few exceptions. All cities start as this and are cities with a population under 5000
Home Rule
Power given to a city to govern itself as long as charter provisions/ordinances do not conflict with the state law.
Can become Home Rule
After a population of 5000, with popular vote and a home rule charter.
Home Rule Charter
Organizational plan (constitution) drawn up by municipality and adopted by popular vote.
Injunction of Law
Judicial remedy issued in order to prohibit someone from doing a certain activity
Libel
Published defemation
Lien
An encumbrance or legal burden on property
Lis Pendens
Pending lawsuit
Preemption
Judicial principal that federal trumps state legislation on the same subject
Real property
Real estate- land, bldg or anything attached/affixed to the land
Return
A report to the judge on implementation of an arrest or SW
Search Warrant
Written order from judge that directs LE to search a specific area to gather evidence
Sovereign immunity
You can't bring a lawsuit against the government without their consent (the king can do no wrong)
Substantive criminal law
Law with the purpose of preventing harm to society which prescribes punishment for specific offenses
Is substantive criminal law and remedial law the same?
No - remedial law provides methods of enforcement
Substantive due process
The right of all persons to receive the guarantees & safeguards of the law and the judicial process which includes constitutional requirements as adequate notice, assistance of counsel, right to remain silent, right to a speedy & public trial, to an impartial jury and to confront and secure witnesses.
Substantive law
Written law that governs rights and obligations of those who are subject to it.
Testimony
Verbal evidence given by witness
Ultra Vires
Beyond the legal power / authority of a person or official or body
Venire
A writ summoning persons to court to act as jurors
Voir Dire
Preliminary examination of witnesses/jurors to determine competency. Literally means to speak the truth
Writ
A judicial order directing a person to do something
Writ of Mandamus
Extraordinary writ that is not a matter of the officials discretion. (Used only when all other judicial remedies fail)
US Constitution
All individual freedoms and prohibition from abridging these freedoms are derived. The constitutional rights are the most important rights one can have and they can only be altered by constitutional amendment
Texas Constitution
Rights more far reaching and more detailed than US Constitution. US Constitution always takes precedence.
Tenth Amendment
Reserves all powers not granted to the federal government to the states.
3 Forms Local Government
1. Mayor Council Form 2. Commission Form 3. Council-Manager Form
2 Forms Mayor-Council Form
Weak and Strong mayor
Commission form
Power is shared equally among elected body. Was first adopted in Galveston TX in 1901
Council-Manager Form
Uses corporate structure as model to make government less political and less subject to corruption. First adopted in 1912 Sumpter Ohio, 1914 Dayton OH
Dillon's Rule Year?
1868 from State Supreme Court Judge John F Dillon that cities are the children of the state.
Fourteenth Amendment
No Discrimination - "no state shall deny to any person within its jurisdiction the equal protection of the laws"
3 Types of Enforcement
Ordinances, regulations, Judicial
Ordinances
Laws at the city, county, state level.
Regulations
Laws at the state and federal level
Judicial
Laws based on precedents set in court
Texas Court System
Municipal Court-> County->District->Court of Civil Appeals0> TX Supreme->US Supreme Court. Small claims $500 - $1000. Can appeal if judgement is >$20
Federal Court System
Federal distrcit court->5th Circuit Court of Appeals->US Supreme Court. Only goes to federal court if conflict of jurisdiction between individuals and states with an amount of >$50k or upon a question of federal law.
TX jurisdiction of 9 Circuit Court of Appeals
Fifth Circuit Court of Appeals New Orleans, Louisiana
Judges Role
Interpret the law
Jury's Role
Decide the facts
Who can have a jury trial?
Anyone upon request
Peremptory Challenge
A challenge to juror given without any reason
The Rule
If asked to invoke the rule it prohibits witnesses from hearing other witnesses testimony in the courtroom. Reps from defense and prosecution are immune.
Appeals can be made:
To settle a question of law or an incorrect ruling such as: a rule of evidence, procedure, substantive law, jury charge, or other technical legal points
First Amendment
Signs, freedom of speech
Fourth Amendment
No illegal search and seizures. Require a SW
Probable cause
Evidence to warrant an arrest or search and seizure. (reason to believe)
SW Time period
3 days exclusive of its issuance and execution
Camara Vs Municipal Court of San Francisco
Search of private property is unreasonable unless have SW.
When consent not needed
Only when the CE has reason to believe an emergency exists (even then it's best to have a SW)
Plain View Doctrine
Exception to the 4th amendment rule
No consent for Fires
Do not need consent only !) during the fire itself 2) reasonable time after the fire to determine cause 3) if cause cannot be found due to darkness/smoke a short period of time after that
Texas Public Info Act
TPIA - any info collected, assembled, maintained in connection with business they have the right to search it.
Comprehensive Zoning began:
In 1909 due to growth and industrialization
Standard Zoning Enabling Act
1921 by President Herbert Hoover who appointed a commission to draft a model of zoning
The constitutionality of zoning
Was upheld in Supreme court in 1926 in legal case Village of Euclid vs Ambler realty
Urban Planning
The simple process in which sound decisions are made and action taken based on the collection, analysis & management of info
Urban planners deal with:
Addressing needs of future and resolving problems fo the past.
Comprehensive Plan
Planning dept creates the comprehensive plan to lay out the direction f the city for physical, social, economic & environmental development of the city.
Planning Commision is:
A voluntary group of local citizens appointed by the city's government to advise on scope and direction of city's planning activities.
Planning commission steps
1) ID major problems of the city in a PH 2) establish goals during the PH 3) collect and analyze the info 4) ID alternatives for future action 5) select the best alternative 6) ensure plan implementation
4 components comprehensive plan
1 Land Use 2 Transportation 3 community facilities 4) policies documents
Land use component
ID best location for Agricultural, residential, industrial, commercial
Transportation
Ensure street system works safely and efficiently and other methods of transportation such as railroads and airports
Community facilities
Public improvements for schools, parks, sewer & water systems etc
Policies Docs
Tells the citizens what the guidelines & standards are for implementing the comprehensive plan
3 ways of zoning implementation
1) Voluntary compliance 2) land Use controls (zoning and subdivision regulation) 3) Fiscal Policy (Capital Improvements Program - 5 year plan)
3 Categories of zoning
Residential, commercial, industrial
2 Types of Zoning
1) Standard/Euclidean zoning - map with written set of regulations 2) Performance zoning - no specific zoning areas
4 basic landuse categories
Agricultural, Residential, commercial, industrial
Subdivision AR
Agricultural/Residential