2017-146ORDINANCE NO. 2017-146
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CERTAIN
PROVISIONS OF CHAPTER 1 AND CHAPTER 17 OF THE DENTON CODE OF
ORDINANCES, THE DENTON PROPERTY MAINTENANCE CODE, INCLUDING
SECTIONS 1-11,17-2,17-37,17-42,17-112,17-121, AND 17-124 AND ADDING SECTION
17-3 TO PROVIDE FOR CODE ENFORCEMENT OFFICER AUTHORITY;
PROVIDING FOR A SEVERABILITY CLAUSE, SAVINGS CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has previously implemented Chapter 1 and Chapter
17, "Property Maintenance Code" of the Code of Ordinances of Denton Texas; and
WHEREAS, it is the intention of the City to further refine and enhance the enforcement
capabilities of the City's Code Enforcement Officers to better enforce minimum standards and
abate public nuisances in order to serve the citizens of the City of Denton; and
WHEREAS, the City is authorized to adopt these enforcement provisions by virtue of its
Home -Rule authority, the Texas Constitution, Chapters 54.035 and 214 of the Tex. Loc. Gov't
Code, and Chapters 341-342 of the Tex. Health & Safety Code; and
WHEREAS, the Council finds that it is necessary to declare the full jurisdictional authority
of the City's Code Enforcement Officers for all purposes and such amendments are in the best
interest of the citizens of the City of Denton; NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained herein are made a part of this Ordinance as if set forth
at length herein.
SECTION 2. Chapter 1, Section 1-11 and Chapter 17 "Property Maintenance" of the Code
of Ordinances of Denton, Texas is hereby amended by amending Sections 17-2, 17-37, 17-42, 17-
112, 17-121, and 17-124 and by adding Section 17-3 "Enforcement" as stated herein.
SECTION 3. Chapter 1, Section 1-11 is hereby amended as underlined:
"The City Manager is hereby authorized to issue citations into municipal court for any
violation of this Code. Such authority is in addition to and cumulative of other enforcement
remedies provided for in this Code or by law. It shall be unlawful for a person or corporation to
intentionally and knowingly fail to appear in accordance with the terms of a citation issued
hereunder, ethic was + r c � �1y a mN m mmtl 11 sc° ter° cc r,~.70�° Ali � i l � tc gg1M.,,
SECTION 4. The following sections of Chapter 17 of the Code of Ordinances of the City
of Denton is hereby amended as underlined:
a. In Section 17-2, the definition of "code official" is deleted and substituted therefor with
the following definition:
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"Code Official means the Building Official of the City of Denton or his/her designee
charged with the administration and calf()rccineiit of this Chanter. CodeOfficialdoes not include
Code Enforcement Officer."
b. In Section 17-2, the following definition is added as follows:
"Code Enforcement Officer means an officer emnloyed by the City who engages in Code
I mhos�aal tea Taw ccmtltlt.ct aaavcs t�:a ad enforce violations o1...1.a �.._.1' 1^trg lull is
nuisance, health, safetyandwelfare as specifically delegated byihc_Qly.mm""
c. In Section 17-37, the words "code official" is deleted and substituted therefore with
"Code Enforcement Officer".
d. In Section 17-112(d), the words "code official" is deleted and substituted therefore with
"Code Enforcement Officer".
e. In Section 17-121, the words "code official" is deleted and substituted therefore with
"Code Enforcement Officer".
f. In Section 17-124(e)(1), the words "code official" is deleted and substituted therefore
with "Code Enforcement Officer".
g. In Section 17-42, the section shall be deleted and substituted therefore as follows:
"Maintenance of Trees in Right of Way and Irrigation.
(a) It shall be unlawful for any owner or occupant of any property within the City to have
trees and shrubs which have branches overhanging a public street or sidewalk. Trees along public
rights-of-way shall be trimmed to a clearance height of 15 feet on the street side and 10 feet on the
sidewalk side. This is measured from the curb line to the canopy branch. Trees may not constitute
an obstruction to the vision of traffic.
(b) It shall be unlawful for any owner or occupant of any property within the City to
knowingly make, cause, or permit a use of water contrary to the Land and Landscape Irrigation
and Water Waste Ordinance, as amended."
h. In Section 17-62, the section shall be deleted and substituted therefore as follows:
"Solid Waste Container Maintenance.
The Code Enforcement Officer shall onfo cwee li pte "
4, Artielle 1, of lite t "ogle o
Ord i iianc e of' t(ie`i l y� of l)e� ton as ttingided.'"
i. Section 17-3 shall be added and state as follows:
"Sec. 17-3. Enforcement.
a. Code Enforcement Officers of the City of Deritoji are hereby authorized and directed to
enforce only the following provisions in this Chapter: Sections 17-21,, 17 1 17„ ` 5 , 7-
z� a an
i 41 t 4 5 ti l �,-61 17-62 17..70 17-Q0,..17.00...17-100, 1717-10.1..:.
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17- _ 2 17-124, 1 tee 17 .!���cle XIII and"1rItcr
11; 17-121 17-1._.... a .._vw w . ,...Division 2, ..
Article I. Code Enforcement Officers shall also have the authory 1p int l:l�aict these
w
laaovtsiartts and aPl? such inteil�cttticans to these: provisions in tile interest oflia�rlty,
health, alid-eneral welfare. Code Enforcement Officers shall riot have the at. tlioril:c
waive structural,fire or scrttnd en ,aa� ecrinL, tecIgi enierits relative to imblic safiet . Code
Enforcement shall not have the authority to inspect properties for compliance with
-��
� toar Der�c,larl lnc�al..a art rt�fc awrl i rml atrons or fir 8 ofthe Code of Ordinances
For the City ofDenton,
lbw, Code Fillorcement Officers shall make, or cause to be made all mmmofmITthe mITminspections
m�ec ecl..mtc rtITl arc t11 ?_rt)visi(rais in 17-30). Whenever nceessary to make an inspection
to enforce -any of these provisions or whe-n'eyer the Code Enforcement Officer has
reasonable c a_tLLise_to believe that there exists in any structure or u.p�,)ii,,�tgn paTerlitse:san�r
condition or violation which tlaaaites sLich sltmtaawtiiic oa _lli,gpiJ�c. u safe ley virttic of
_� .e , .. _ . '. ,.. authorized by law, may
vicltaatacrtrs of these 1rtalviionswthe (�'cadc Et�lotecancarl. C)iltcit as a..
enter sca la, `iii? ttrit lai lllcnir�es at all reasonable times to ia:t�,l��ct the sanic, ot.l;oj�a tlor4i_r
an ditty i,l pps cl upc).p the Code l"nfiorcetncnt Officer under this section. If staclt sta iclure;
or nrernkpq is nrri1niPr1 he/she shall first nreSent nrnnP.r nrPdPntiatc and renue-'t Pntry
and if saiclt *eta i s tire t r aecnti c°s lrrto cxal a ci he/she shall first make a reasonable effort
to 1i�C ate t1a� owner or other persons havingµ care or control: of the structure or premises
and recla cst_i�n, ll" such nt.r'...is is f arsccl,..thc "ode 1Officer . nForcement Oicer shall have
1"e -course to every remedy mmprovided by law to„se,cure entry.
c.Enforcement shall be in compliance with Sec. 17-196 herein. The imposition of
Ircn�ltae tese,r°ibed.shall not, Eltvc laadc theLLQjtt " la,q histituting..an, calral.e tiction to
-. or abate any violations of "
restrain, r.orrer,t n .....ions =f thio C1i�
SECTION 5. Chapter 19, Section 19-5 ("Authority to issue citations"), is hereby amended
by deleting it in its entirety, as it conflicts with Chapter 1, Section 1-11 ("Procedures for
enforcement of Code").
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 7. Save and except as amended hereby, all of the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 8. This Ordinance providing for a penalty shall become effective 14 days
from the date of its passage, and the City Secretary is hereby directed to cause the caption of this
Ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the
City of Denton, Texas within 10 days of the date of its passage.
_W.
___..______ _ _____ 2017
PASSED AND APPROVED this the day of _.�.
CHRIS WAT'I'S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: "
P ' OVED S TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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