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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: Page 1 of 4 "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..:. Page 2 of 4 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 Page 4 of 4