18-1531!' � � • i
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WHEREAS, the City of Dentan, Texas has previausly implemented Chapter 17, "Property
Maintenance Code" of the Code of Ordinances of Denton Texas; and
WHEREAS, it is the intention of the City to further enhance the enforcement capabilities of the
City's Code Enforcement Officers to enfarce 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 autharity, 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 ta declare the full jurisdictional autharity of the
City's Code Enfarcement Officers for all purposes and such amendments are in the best interest of the
citizens af the City of Denton; NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
herein.
SECTION 1. The recitals contained herein are made a part af this Ordinance as if set forth at length
SECTION 2. Section 17-3 of the Cade of Ordinances shall be amended ta read as follaws:
Sec. 17-3. - Enforcement.
a. Code Enforcement Officers of the City of Denton are hereby authorized and directed
to enforce any violations af the Code of Ordinances as directed by the city manager
including, but not limited to the fallowing provisions in this Chapter: Sections 17-21,
17-34, 17-35, 17-37, 17-40, 17-41, 17-42, 17-50, 17-60, 17-61, 17-62, 17-70, 17-80,
17-90, 17-100, 17-101, 17-112, 17-121, 17-122, 17-124, 17-144, and Chapter 17,
Article XIII, Divisians 2 and 3, and Chapter 24, Articles I and II, and Sectians 18-197
and 18-198. Code Enforcement Officers shall afso have the authority to interpret these
provisions and apply such interpretations to these provisions in the interest of public
safety, health, and general welfare. Code Enforcement Officers shall not have the
authority to waive structural, fire, or sound engineering requirements relative to public
safety. Code Enforcement Officers shall nat have the autharity ta inspect properties
far compliance with Denton Develapment Code rules and regulations ar Chapter 28 of
the Cade of Ordinances for the City af Denton.
b. Cade Enforcement Officers shall make, or cause to be made all af the inspections
required to enforce the provisions in 17-3(a). Whenever necessary to make an
inspection to enforce any af these provisions or whenever the Code Enforcement
Officer has reasanable cause to believe that there exists in any structure or upan any
premises any condition or violation which makes such structure or premises unsafe by
virtue of vialations of these provisions, the Code Enforcement Officer, as authorized
by law, may enter such structure or premises at al] reasonable times ta inspect the same
or to perform any duty impased upon the Code Enforcement Officer under this section.
If such structure ar premises is occupied, he/she shall first present proper credentials
and request entry, and if such structure is unaccupied, he/she shall first make a
reasanable effart to lacate the owner or other persons having care or control af the
structure or premises and request entry. If such entry is refused or if the Code
Enforcement Officer is otherwise unable to obtain the owner's consent ta enter, the
Cade Enforcement Officer shall have recourse to every remedy provided by law to
secure entry.
SECTION 3. Section 17-42 of the Code of Ordinances shall be amended by deleting subsection
(a) and shall now read as follows:
Sec. 17-42. - Maintenance of irrigation.
It shall be unlawful for any owner or occupant af any property within the City ta knowingly make,
cause, or permit a use of water cantrary to the land and landscape irrigation and water waste ordinance, as
amended.
SECTION 4. Section 17-62 af the Cade of Ordinances shall be amended to read as follows:
Sec. 17-62. - Solid waste container maintenance.
The cade enfarcement officer shall enforce Chapter 24, Article I and II, of the Code of Ordinances of
the City of Denton, as amended.
SECTION 5. Any person faund guilty af violating this Ordinance by a court of competent
jurisdiction shall be fined a sum nat to exceed Five Hundred Dollars. ($500.00). Each day that a
provisian of this ordinance is violated shall constitute a separate affense.
�[:;"C 1��.�1'�,�_ia. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person ar circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity af the remaining partions of
this ordinance, and the City Cauncil of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 7. The provisions af this ordinance are severable, and the invalidity of any
phrase, clause, or part af this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
���a�. 1"��.)1'�i �. This Ordinance providing far a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the captian of
this ordinance to be published twice in the Denton Record-Chronicle, the ofiicial newspaper of
the City of Denton, Texas, within ten (10) days of the date of its passage.
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Mayor Chris Watts,
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gregory, At Large Place 5
Paul Meltzer, At Large Place 6:
Aye Nay Abstain
PASSED AND APPROVED this the m��� __.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM;
AARON LEAL, CITY ATTORNEY
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Absent
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CHRIS WATTS, MAYOR