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Ord. 0976-1 01-22-07ORDINANCE NO. 976-1 AN ORDINANCE OF THE CITY COUNCIL OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 976 AS IT APPLIES TO THE CITY'S MUNICIPAL COURT OF RECORD; PROVIDING FOR CONCURRENT JURISDICTION OF THE COURT WITH DISTRICT COURTS AND COUNTY COURTS AT LAW FOR MATTERS INVOLVING THE ENFORCEMENT OF HEALTH AND SAFETY AND NUISANCE ABATEMENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Pearland, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 30 of the Texas Government Code authorizes Pearland to establish its municipal court as a municipal court of record; and WHEREAS, the City Council of the City of Pearland deems it necessary to establish a municipal court of record to provide a more efficient disposition of cases arising in the City; and WHEREAS, the City Council wishes to provide for a more effective means to enforce the ordinances and laws of Pearland; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby establishes the Pearland Municipal Court as a municipal court of record in order to provide a more efficient disposition of cases arising in the City, and in order to more effectively enforce the ordinances of the City. The municipal court shall become a court of record from and after the 15th day of August, 2000, and shall be known as The Municipal Court of Record in the City of Pearland. ORDINANCE NO. 976-1 Section 2. This municipal court of record is established pursuant to the authority granted in Subchapter A, Chapter 30, of the Government Code of the State of Texas, known as the Uniform Municipal Courts of Record Act, and the terms set forth therein are hereby adopted governing the operation of said court. Section 3. The court shall have concurrent jurisdiction with any justice court in any precinct in which the City of Pearland is located in criminal cases that arise within the City and are punishable only by fine. In addition, the court, in accordance with Section 30.00005 of the Government Code, shall have concurrent jurisdiction with district courts or county courts at law under Subchapter B, Chapter 54 of the Local Government Code. Such jurisdiction shall be within the City's territorial limits and extend to any property owned by the City in the City's extra territorial jurisdiction. The court shall establish procedures and local rules in the furtherance of this ordinance for the purpose of promoting the speedy resolution of disputes involving the enforcement of the health and safety and nuisance abatement ordinances of the City. Section 4. The municipal court of record shall be presided over by a municipal judge who shall be appointed by the City Council for a term of four (4) years. The municipal judge must be a licensed attorney in good standing in the State of Texas, and must have two or more years of experience in the practice of law in Texas. The judge must be a citizen of the United States and of the State of Texas. Section 5. The city manager or his designee shall appoint a clerk of the Municipal Court of Record who shall perform duties in accordance with state law, the City Charter and City ordinances. During proceedings of the court, the clerk and other court personnel shall serve at the direction of the municipal court judge. At all other times they shall serve at the direction and supervision of the city manager who shall have the authority to remove 2 ORDINANCE NO. 976-1 the court clerk or other court personnel according to rules set forth in the City's personnel policies. Section 6. The municipal judge shall continue in office through the expiration of his current term. Section 7. The city manager shall appoint a court reporter who must meet the qualifications provided by law for official court reporters. The court reporter or court staff may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The court reporter or court staff are not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. If a record is made, it shall be kept for the twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. The court reporter is not required to be present during proceedings of the municipal court of record, provided that proceedings that are required to be recorded are recorded by a good quality electronic recording device. Section 8. The municipal judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the city manager or his designee. Section 9. The municipal judge shall supervise the selection of persons for jury service. Section 10. In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of Twenty-five Dollars ($25.00). The transcript preparation 3 ORDINANCE NO. 976-1 fee does not include the fee for an actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Government Code §30.00014 and §30.00019. Section 11. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 13. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 14. Effective Date. This Ordinance shall become effective February 1, 2007. PASSED and APPROVED ON FIRST READING this the 8th day of January, A. D., 2007. TOM REID MAYOR 4 ORDINANCE NO. 976-1 ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day of January, A. D., 2007. ATTEST: UNG TY S •!' RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 Ord T�MI D MAYOR VOTING RECORD SECOND AND FINAL READING JANUARY 22, 2007 Voting "Aye" - Councilmembers Saboe, Beckman, Tetens Kyle, and Cole. Voting "No" — None. Motion passes 5 to 0. PUBLICATION DATE: January 22, 2007 EFFECTIVE DATE: February 1, 2007 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS § 30.00003 Jurisdiction 1 1. Jurisdiction Where a municipality is authorized to adopt a nuisance ordinance applicable to conduct oc- JUDICIAL BRANCH Title 2 Notes of Decisions curring outside city limits and where the munic- ipality has adopted such an ordinance, a munic- ipal court has implied jurisdiction over cases arising from violations of the ordinance that occur outside city limits. Op.Atty.Gen.1999, No. JC-0025. § 30.00004. Abolition of Court If the governing body of the city finds that a municipal court of record is unnecessary, the governing body shall by ordinance declare the office of the municipal judge vacant at the end of the term for which the judge was last selected. Any cases then pending shall be transferred to a court with proper jurisdiction of the offense. Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.484 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999. Historical and Statutory Notes Acts 1999, 76th Leg., ch. 691, in the first sentence substituted "that a" for "after the es- tablishment of an additional" and substituted "is unnecessary" for "that the condition of the Courts «41, 52. Municipal Corporations «635. Westlaw Topic Nos. 106, 268. dockets of the other courts of the county does not require the existence of the court to dispose properly of the cases arising in the city". Library References C.J.S. Courts §§ 93 to 96, 100, 102 to 104. C.J.S. Municipal Corporations §§ 204 to 205. § 30.00005. Jurisdiction (a) A municipal court of record has the jurisdiction provided by general law for municipal courts. (b) The court has jurisdiction over criminal cases arising under ordinances authorized by Sections 215.072, 217.042, 341.903, and 401.002, Local Govern- ment Code. (c) The governing body may by ordinance provide that the court has concur- rent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine. (d) The governing body of a municipality by ordinance may provide that the court has: (1) civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code,' or Subchapter E, Chapter 683, Transportation Code;2 (2) concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code,' within the 62 MUNICIPA Ch. 30 municipa located ir enforcing (3) aut] (A) s+ or nuis; (B) s ing the Added by Ac V.T.C.A., Goi 1, 1997. An 77th Leg., ch 1 V.T.C.A., L 2 V.T.C.A., T 3 V.T.C.A., L Acts 1999, substituted " c "Sections 21 401.002, Loca Courts <,.18 Criminal La Encyclopedias TX Jur. 3d C Productio: TX Jur. 3d Searches. § 30.000( (a) A mu judges. (b) The g (c) A mu] (1) be ; (2) be (3) be s (4) haN, state. (d) The g municipal j FDICIAL BRANCH Title 2 is and where the munic- an ordinance, a munic- jurisdiction over cases of the ordinance that its. Op.Atty.Gen.1999, court of record is e the office of the he judge was last court with proper Renumbered frorn 65, § 8.02, eff. Sept. , 1999. its of the county does of the court to dispose ng in the city". 6, 100, 102 to 104. rations §§ 204 to 205. by general law ender ordinances )2, Local Govern- ;ourt has concur - the municipality ial limits of the provide that the cipal ordinances invent Code,' or my court at law )de,3 within the MUNICIPAL COURTS OF RECORD Ch. 30 municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and (3) authority to issue: (A) search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and (B) seizure warrants for the purpose of securing, removing, or demolish- ing the offending property and removing the debris from the premises. Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987. Renumbered from V.T.C.A., Government Code § 30.485 by Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1093, § 1, eff. Sept. 1, 2001. 1 V.T.C.A., Local Government Code § 214.001 et seq. 2 V.T.C.A., Transportation § 683.071 et seq. 3 V.T.C.A., Local Government Code § 54.011 et seq. § 30.00006 Historical and Statutory Notes Acts 1999, 76th Leg., ch. 691, in subsec. (b), vision 19, Article 1175, Revised Statutes"; and substituted "over" for "of" and substituted added subsec. (c). "Sections 215.072, 217.042, 341.903, and Acts 2001, 77th Leg., ch. 1093, added subsec. 401.002, Local Government Code" for "Subdi- (d). Courts C=188. Criminal Law C,88. Library References Municipal Corporations C=636. Westlaw Topic Nos. 106, 110, 268. Research References Encyclopedias TX Jur. 3d Criminal Law FIVE IV E REF, TX Jur. 3d Criminal Law § 2116, Compulsory Divisional References. Production Of Books And Papers. TX Jur. 3d Criminal Law § 2117, Border Searches. § 30.00006. Judge (a) A municipal court of record is presided over by one or more municipal judges. (b) The governing body shall by ordinance appoint its municipal judges. (c) A municipal judge must: (1) be a resident of this state; (2) be a citizen of the United States; (3) be a licensed attorney in good standing; and (4) have two or more years of experience in the practice of law in this state. (d) The governing body shall provide by ordinance for the term of office of its municipal judges. The term must be for a definite term of two or four years. 63 § 54.006 LOCAL GOVERNMENT CODE "(c) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose." [Sections 54.007 to 54.010 reserved for expansion] SUBCHAPTER B. MUNICIPAL HEALTH AND SAFETY ORDINANCES Acts 1991, 72nd Leg., ch. 753, § 2, eff. June 16, 1991, amended the subchapter heading. § 54.011. Repealed by Acts 1991, 72nd Leg., ch. 753, § 6, eff. June 16, 1991 § 54.012. Civil Action A municipality may bring a civil action for the enforcement of an ordinance: (1) for the preservation of public safety, relating to the materials or methods used to construct a building or other structure or improvement, includ- ing the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, en- trances, or exits; (2) relating to the preservation of public health or to the fire safety of a building or other structure or improvement, including provisions relating to mate- rials, types of construction or design, interior con- figuration, illumination, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; (3) for zoning that provides for the use of land or classifies a parcel of land according to the munici- pality's district classification scheme; (4) establishing criteria for land subdivision or construction of buildings, including provisions relat- ing to street width and design, lot size, building width or elevation, setback requirements, or utility service specifications or requirements; (5) implementing civil penalties under this sub- chapter for conduct classified by statute as a Class C misdemeanor; (6) relating to dangerously damaged or deterio- rated structures or improvements; (7) relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (8) relating to the interior configuration, design, illumination, or visibility of business premises exhib- iting for viewing by customers while on the premis- es live or mechanically or electronically displayed entertainment intended to provide sexual stimu- lation or sexual gratification; or (9) relating to point source effluent limitations or the discharge of a pollutant, other than from a non - point source, into a sewer system, including a sani- tary or storm water sewer system, owned or con- trolled by the municipality. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 343, § 1, eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 753, § 3, eff. June 16, 1991; Acts 1993, 73rd Leg., ch. 472, § 1, eff. Sept. 1, 1993. Section 3 of the 1993 amendatory act provides: "(a) The change in law made by this Act applies only to a violation committed on or after the effective date of this Act. For purposes of this section, a violation is committed on or after the effective date of this Act only if each element of the violation occurs on or after that date. "(b) A violation committed before the effective date of this Act is covered by the law in effect when the violation was committed, and the former law is continued in effect for this purpose." § 54.013. Jurisdiction; Venue g Jurisdiction and venue of an action under this sub- chapter are in the district court or the county court at law of the county in which the municipality bringing the action is located. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 54.014. Preferential Setting If the municipality submits to the court a verified motion that includes facts that demonstrate that a delay will unreasonably endanger persons or property, the court shall give a preference to the action brought by the municipality when setting cases filed under this subchapter. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 54.015. Procedure (a) The only allegations required to be pleaded in an action brought under this subchapter are: (1) the identification of the real property involved in the violation; (2) the relationship of the defendant to the real property or activity involved in the violation; (3) a citation to the applicable ordinance; (4) a description of the violation; and (5) a statement that this subchapter applies to the ordinance. (b) The standard of proof is the same as for other suits for extraordinary relief. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 98 § 54.016. Inj (a) On a sh an adverse h property of a municipality i representativ junction that: (1) proh. ordinance; (2) requ compliant( (b) It is n that another tion does n( criminal act Acts 1987, 701 § 54.017. (a) In a representat municipalit; that: (1) the provision (2) aft ordinanc in violati necessar (b) A1,01 teed $ except tha exceed $5 relating t discharge source, in storm wal municipal Acts 1987, ed by Act Section 3 "(a) The committed this section this Act on date. "(b) A v covered by the former ORGANIZATION OF MUNICIPAL GOVERNMENT § 54.032 § 54.016. Injunction (a) On a showing of substantial danger of injury or an adverse health impact to any person or to the property of any person other than the defendant, the municipality may obtain against the owner or owner's representative with control over the premises an in- junction that: (1) prohibits specific conduct that violates the ordinance; and (2) requires specific conduct that is necessary for compliance with the ordinance. (b) It is not necessary for the municipality to prove that another adequate remedy or penalty for a viola- tion does not exist or to show that prosecution in a criminal action has occurred or has been attempted. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 54.017. Civil Penalty (a) In a suit against the owner or the owner's representative with control over the premises, the municipality may recover a civil penalty if it proves that: (1) the defendant was actually notified of the provisions of the ordinance; and (2) after the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance. (b) A civil penalty under this section may not ex- ceed $1,000 a day for a violation of an ordinance, except that a civil penalty under this section may not exceed $5,000 a day for a violation of an ordinance relating to point source effluent limitations or the discharge of a pollutant, other than from a non -point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1993, 73rd Leg., ch. 472, § 2, eff Sept. 1, 1993. Section 3 of the 1993 amendatory act provides: "(a) The change in law made by this Act applies only to a violation committed on or after the effective date of this Act. For purposes of this section, a violation is committed on or after the effective date of this Act only if each element of the violation occurs on or after that date. "(b) A violation committed before the effective date of this Act is covered by the law in effect when the violation was committed, and the former law is continued in effect for this purpose." 99 § 54.018. Action for Repair or Demolition of Structure (a) The municipality may bring an action to compel the repair or demolition of a structure or to obtain approval to remove the structure and recover removal costs. (b) In an action under this section, the municipality may also bring a claim for civil penalties under Sec- tion 54.017. (c) The municipality may file a notice of lis pendens in the office of the county clerk. If the municipality files the notice, a subsequent purchaser or mortgagee who acquires an interest in the property takes the property subject to the enforcement proceeding and subsequent orders of the court. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 54.019. Imprisonment; Contempt (a) A person is not subject to personal attachment or imprisonment for the failure to pay a civil penalty assessed under this subchapter. (b) This subchapter does not affect the power of a court to imprison a person for contempt of valid court orders or the availability of remedies or procedures for the collection of a judgment assessing civil penal- ties. The remedies under Section 31.002, Civil Prac- tice and Remedies Code, are preserved. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. SUBCHAPTER C. QUASI-JUDICIAL ENFORCEMENT OF HEALTH AND SAFETY ORDINANCES Acts 1991, 72nd Leg., ch. 753, § 4, amend- ed the subchapter heading. § 54.031. Subchapter Applicable to Certain Mu- nicipalities This subchapter applies to a municipality that by ordinance implements the subchapter. Added by Acts 1989, 71st Leg., ch. 1113, § 1, eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch. 753, § 5, eff. June 16, 1991. § 54.032. Ordinances Subject to Quasi -Judicial Enforcement This subchapter applies only to ordinances: (1) for the preservation of public safety, relating to the materials or methods used to construct a