Texas Code Enforcement Practice Questions and Answers Already Passed

Texas Code Enforcement Practice Questions and Answers Already Passed Enabling Legislation - Answers The act of giving or enactin laws: the power to make laws via legislation in contrast to court-made laws substantive due process - Answers Due process of law- The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes search constitutional requirements is adequate notice, assistance of counsel, and the right to remain silent, to a speedy and public trial, to impartial jury, and to confront and secure witnesses. Home Rule - Answers The power of a city to govern itself so long is charter provisions or provisions or ordinances are not inconsistent with the state. General Law - Answers Operate Under the laws of the state with some exceptions to those laws Injunction - Answers (law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity Lien - Answers An encumbrance or legal burden upon property Lis Pendens - Answers a pending lawsuit Real Property - Answers Land, buildings, and whatever is attached or affixed to the land. Synonymous : real estate Affiant - Answers The person who makes and subscribes to an affidavit. Affidavit - Answers A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath. Return - Answers A report To a judge my police on the implementation of an arrest or search warrant. Also a report to a judge in reply to subpoena , civil, or criminal. Search Warrant - Answers a written order issued by a judge authorizing law enforcement officers to search and seize property that will serve as evidence Reasonable Person - Answers A phase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others Writ - Answers A judicial order directing a person to do something. Testimony - Answers evidence given by a witness under oath. It does not include evidence from documents and other physical evidence Absolute Immunity - Answers Is the status of a person or body that places them beyond the law and makes them free from legal obligation. Immunity for Building Official or Code Enforcement Officer, not liable for their discretionary acts sovereign immunity - Answers The doctrine that the government, state or federal, is immune to lawsuit unless its gives its consent. Dillon's Rule - Answers a court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government You are required to have the Transfer of Demolisher sheet for a junk vehicle abated by the city to TX- DOT within how many days? - Answers 5 Days An Antique Auto means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least _ years old. - Answers 25 years How soon should you notify the owner of an abandoned vehicle once the vehicle has been taken into custody? - Answers No later then the 10th day after it is taken into custody. An abandoned Motor Vehicle is inoperable and is? - Answers More then 5 years old and has been left unattended on public property for more than 48 hours. __________ _________ means a motor vehicle or special interest vehicle of Any age that has not been changed from it original manufacturer's specifications and because of it historic interest is being preserved by a hobbyist. - Answers Special Interest Notice provided for the removal of a public nuisance (junk vehicle) must provide not less then? - Answers 10 days Junk vehicle notice must be personally deliver or? - Answers Sent certified mail If a hearing is requested by person for whom the junk vehicle belongs, the hearing shall not take place earlier than the _____ ____ ____ of the date of the service of the notice. - Answers 11 days If an abandoned motor vehicle is not claimed the owner or lean holder waives all rights and interests to the item. - Answers True Who do you notify is an abandoned vehicle was on the property for more than 48 hours? - Answers Owner and Occupant Newspaper Lien Holder What steps can a community take to make the enforcement administrator of sign regulation efficient? - Answers Require a building permit before an owner constructs, repairs, or remove a sign Signs are generally regulated by? - Answers Zoning What is the most common limitation on signs? - Answers Size of the sign Sign regulations are grouped in what classification? - Answers Ground signs, pole signs, and wall signs The two most basic types of signs are? - Answers Permanent and temporary _____ % is the maximum rate on the amount that may be collected by the municipalities for security on expenditures made and interests accruing on liens obtained by a municipality? - Answers 10% To obtain a lien against the property where work has been done to bring the property into compliance. You must file a statement of expense with whom? - Answers County clerk Under sanitation code, if a person service cannot be obtained or the owners post office address is unknown the municipality may provide notice of violation in what other form? - Answers Publication at least twice within 10 consecutive days. Post a notice on or near the front door of each building on to which the violation relates. Post a notice on a placard attached to a steak driven into the ground on the property to which the violation relates. Years ago the state did away with the $2 dollar disposal charge of tires and replaced it with a battery fee. What is the amount of the fee? - Answers $4 If a HUD manufactured home request application is denied, the applicant must be informed within how many days? - Answers 45 days ____ ____ Provides local cities or tails with a measure of self government (able to pass their own laws) being able to write their laws based on state legislation (state laws). - Answers Home Rule _____ _____ cities or towns basically operate under state legislation (state laws) without changing those laws. - Answers General Law Most cities or towns become homeroom charters in a population of___this is done by a vote of citizens. - Answers 5,000 The ____ admendment insure state governments do not discriminate in applying their laws to different individuals or groups of people. - Answers 14th Admendment The ___ admendment prohibits, generally, the search and seizure of any property unless a warrant has been issued. - Answers 4th Amendment The ___ amendment provides for an indiviuals right to freedom of speech. - Answers 1st Amendment