HomeMy WebLinkAboutPO 6380: ADDING SEC. 34-90 THROUGH 34-92, ISSUANCE OF CITATIONS AND PENALTIES P.O. No. 6380
4/23/14 ht
ORDINANCE NO.
AN ORDINANCE ADDING SECTIONS 34 -90
THROUGH 34 -92 TO THE CODE OF ORDINANCE
AS IT PERTAINS TO THE ISSUANCE OF
CITATIONS AND PENALTIES; PROVIDING FOR A
PENALTY AND PROVIDING FOR PUBLICATION
THEREOF
WHEREAS, the City of Port Arthur continues to suffer from
an ongoing dilemma with public nuisances within the city limits;
and
WHEREAS, the City Council had determined that an amendment
to the City's Code of Ordinance is needed in order to provide
the City of Port Arthur a more efficient method to address
violations of Chapter 34 of Code of Ordinances; and
WHEREAS, amending the Code of Ordinances will provide the
City of Port Arthur's code enforcement officers the ability to
issue citations to combat the various problems while preserving
the right to due process; and
WHEREAS, the City Council deems it in the public interest
of the City to adopt Section 34 -90 through 34 -92 to the City's
Code of Ordinance pertaining to issuance of citations and
penalties.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2: That Sec. 34 -90 through 34 -92, of the Code
of Ordinance is hereby amended as follows:
Sec. 34 -90. Issuance of Citations.
A licensed code enforcement officer is authorized to
enforce this article and to make all necessary inspections,
to issue citations, to give notice, to file applicable
charges and to otherwise cooperate in the enforcement under
this article.
A citation shall include the name of the accused, the
nature of the violation, the ordinance section violated,
the date and location of the violation, that a complaint
will be filed in the municipal court of the city, and that
the person cited must appear at municipal court within 14
days from the date shown on the citation, and shall be
signed by the licensed code enforcement officer.
Sec. 34 -91. Failure to appear on citation; arrest warrant.
If the person named in the citation does not appear at
the municipal court, a warrant of arrest shall be issued.
Sec. 34 -92. Penalties.
It shall be unlawful for any person to violate any
provision of this chapter. Any person who shall violate the
provisions of this article shall be guilty of a misdemeanor
and shall be punishable by a fine not to exceed $500 each
day. Each day the violation continues shall constitute a
separate offense.
Section 3. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
Section 4. That pursuant to Section 52.013 of the Texas
Local Government Code, this ordinance which carries a penalty,
is required to be published at least twice in the official
newspaper of the City of Port Arthur.
Section 5. That the ordinance shall be effective
immediately after the date of publication.
READ, ADOPTED AND APPROVED on this day of
A.D., 2014, at a Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
_.� _
Valecia zeno ,
City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.
Interim City Manager