§ 1-9. Code enforcement citations in criminal enforcement


Latest version.
  • (a) Construction, administration and relation to related laws. The authority, responsibility and duties of peace officers to issue citations, pursuant to Article 14.06(d) of the Code of Criminal Procedure, and/or Section 543.003 of the Transportation Code, is not obviated or in any way eliminated by the provisions of this section.

    A citation issued pursuant to this section does not relate to the issuance of a citation by a peace officer pursuant to Article 14.06(d) of the Code of Criminal Procedure, or Section 543.003 of the Transportation Code.

    (b) Authority to issue citations. Pursuant to this section, and the scope of their assigned duties, a citation may be issued by any of the following individuals:

    (1) Code compliance officer/certified code enforcement officer—Certified pursuant to the Texas Department of State Health Services and registered with the Texas Occupational Code.

    (2) Certified building official—Certified pursuant to the International Code Council.

    (3) Certified building inspector—Certified pursuant to the International Code Council.

    (4) Plumbing inspector—Pursuant to Texas Occupations Code, Title 8 Subchapter J, Section 1301.502 (Texas Plumbing License Law).

    (5) Animal control officer—Certified pursuant to the Texas Department of State Health Services of the Texas Health and Safety Code, Chapter 829.

    (6) Sanitation officer—Certified pursuant to the Texas Department of State Health Services and registered with the Texas Occupational Code.

    (c) Scope of duties. Pursuant to their authority, the following shall issue citations within the enforcement parameters and provisions enumerated below:

    (1) Code compliance officer/certified code enforcement officer pursuant to:

    •  Chapter 10 "Dangerous Building Code".

    •  Chapter 23 "Nuisances".

    •  International Building Code, as adopted.

    •  International Property Maintenance Code, as adopted.

    (2) Certified building official pursuant to:

    •  Chapter 10 "Dangerous Building Code".

    •  Chapter 23 "Nuisances".

    •  International Building Code, as adopted.

    •  International Property Maintenance Code, as adopted.

    (3) Certified building inspector pursuant to:

    •  Chapter 10 "Dangerous Building Code".

    •  Chapter 23 "Nuisances".

    •  International Building Code, as adopted.

    •  International Property Maintenance Code, as adopted.

    (4) Plumbing inspector pursuant to:

    •  Texas Occupations Code, Title 8 Subchapter J, Section 1301.502 (Texas Plumbing License Law).

    •  Chapter 30 "Plumbing and Gas", in accordance with the Texas Plumbing License Law.

    (5) Animal control officer pursuant to:

    •  Chapter 7 "Animals and Fowl".

    (6) Sanitation officer pursuant to:

    •  Chapter 15 "Garbage and Trash".

    •  Chapter 20 "Litter".

    (d) Form and content of citation. A citation issued under this section must be in a form approved by the municipal court clerk that includes; but is not limited to, the following information:

    (1) The name, address, date of birth, or driver's license number and physical description, and telephone number of the person cited;

    (2) The offense for which the person is charged;

    (3) The date and location of the offense;

    (4) An appearance date;

    (5) A statement requiring the person receiving the citation to appear at municipal court on or before the appearance date indicated on the citation;

    (6) A statement of the person's promise to respond to the citation, pursuant to Article 27.14 of the Code of Criminal Procedure, as amended, by the appearance date indicated on the citation, including a place for the person cited to provide the person's signature; and

    (7) The signature of the person issuing the citation.

    (e) Pleading subsequent to the issuance of a citation.

    (1) All pleas arising from the issuance of a citation under this section shall be made pursuant to Article 27.14 of the Code of Criminal Procedure, as amended.

    (2) Refusal of the person cited to sign a citation issued under this section shall in no way effect the validity of the issued citation.

    (f) Related offenses and penalty.

    (1) Ordinance violation of promise to appear. A person issued a citation, as authorized by this section, commits an offense if the person fails to appear or fails to enter a plea pursuant to subsection (e) on or before the appearance date indicated on the citation.

    (2) Interference or obstruction of issuance. A person commits an offense if the person interferes with or obstructs the issuance of a citation under this section.

    (3) Providing false or fictitious name. A person commits an offense if the person gives a false or fictitious name, address, or other information to an individual authorized to issue a citation under this section.

    (g) Penalty. A violation under this section is a Class C misdemeanor offense punishable upon conviction by a fine not to exceed five hundred dollars ($500.00) per offense. Each day shall constitute a separate offense.

    Pursuant to state law and this Code, the maximum penalty for offenses arising under such code or ordinance of the city governing fire safety, zoning, public health and sanitation, shall not exceed the sum of two thousand dollars ($2,000.00).

    If such maximum penalty provided for by this Code or any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the state, then the maximum penalty for violation as provided by state statute shall be the maximum penalty under this Code.

    Penalties provided for are in addition to any other enforcement remedies that the city may have under city ordinances and state law.

(Ord. No. 10-089, § 2, 10-28-10)