Non-Conforming Land Uses and Code Enforcement, Exams of Nursing

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Code

Enforcement

Officer (State of

Texas) questions

and correct

answers

_______ _______ means a motor vehicle of any age that has not been changed from its original manufacturer's specifications and, because of its historic interests, is being preserved by a hobbyist. - answer ✅✅Special Interest ________ __________ _______ identifies the best location for Residential, Commercial, and Industrial (RCI) sites within a city. - answer ✅✅Land Use Plan __________ __________ are a set of private, multi- party contracts created for the benefit of residents of a specific subdivision. - answer ✅✅Deed Restrictions

__________ ____________ improves the quality of life enjoyed by the citizens. - answer ✅✅Urban Planning ___________ ____________ is evidence sufficient to warrant an arrest or search and seizure. - answer ✅✅Probable cause ____________ _____________ is land use which predates the current zoning ordinance and violates the current zoning ordinance. - answer ✅✅Non-conforming uses A _____ _______ agency may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property. - answer ✅✅Law Enforcement A basic city comprehensive plan usually contains four primary components. What are these? - answer ✅✅- Land-Use

• Transportation
• Community Facilities

• Policies Document A basic city plan usually contains which 4 components of a comprehensive plan? - answer ✅✅Land use, Transportation, community facilities, and policies document A covenant is what? - answer ✅✅A signed, written agreement between two or more parties to perform some action. A home occupation is defined as the partial use of a dwelling unit for commercial or nonresidential uses by a resident, which is _______ and ______ to the use of the dwelling for residential purposes. - answer ✅✅Subordinate and Incidental A municipality is usually viewed as what? - answer ✅✅A corporation established for the benefit of the public. It is created by Charter and often adopted in a public referendum.

A municipality may file a statement of expenses with the county clerk for removing weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter. The lien is only inferior to what other liens? A. Tax and street improvement B. Death and taxes C. Liens for international incidents D. All of the above - answer ✅✅A. Tax and street improvement A municipality shall impose a lien against the land on which a building stands or stood unless it has a _______ as protected by the Texas constitution. A. Tax lien B. Homestead C. International ownership D. Limited liability contract - answer ✅✅B. Homestead

A person __________ to administer the procedures of junk vehicle state statute may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance. - answer ✅✅authorized A Planned Unit Development (PUD) is what? - answer ✅✅This involves a mixture of single family residences, town houses, apartments, some commercial and institutional uses, and occasionally some industry. A planning commission is what? - answer ✅✅A voluntary group of local citizens appointed by a city's governing body for the purpose of advising on the scope and direction of the city's planning activities. A procedural device known as _____ ______ is sometimes used in the courtroom. An attorney will ask the judge to invoke _____ _____, which prohibits witnesses from hearing other witnesses' testimonies while in the courtroom. - answer ✅✅The rule.

A search warrant has an execution date of ______ whole days. - answer ✅✅ 3 A search warrant has an execution date of ___________ whole days, exclusive of the day of its issuance and its execution. - answer ✅✅ 3 A vehicle is considered abandoned when inoperable, more than ______ years old, and left unattended on public property for more than ______ hours. - answer ✅✅ 5 48 According to Chapter 683 Abandoned Vehicles, a motor vehicle is considered abandoned if it: A. Is inoperable, is more than 5 years old, and has been left unattended on public property for more than 48 hours or has remained illegally on public property for more than 48 hours. B. Has remained on private property for more than 48 hours without the consent of the owner or person in charge of the property or has been

left unattended on the right-of-way if a designated county, state, or federal holi - answer ✅✅D According to Chapter 683 of the Texas Transportation Code; Define Abandoned Nuisance Vehicle? - answer ✅✅A motor vehicle that is at least 10 years old and is of a condition only to be junked, crushed, or dismantled. According to Chapter 683 of the Texas Transportation Code; Define Antique Vehicle? - answer ✅✅A passenger car or truck that is at least 25 years old. According to Chapter 683 of the Texas Transportation Code; Define Garage keeper? - answer ✅✅An owner or operator of a storage facility. According to Chapter 683 of the Texas Transportation Code;

Define Junked Vehicle? - answer ✅✅A vehicle that is self-propelled and:

• Does not have lawfully attached to it (a) an unexpired license plate; nor (b) a valid motor vehicle inspection certificate; and
• is: (a) wrecked, dismantled or partially dismantled, or discarded; or (b) inoperable and has remained inoperable for more than: (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property. According to Chapter 683 of the Texas Transportation Code; Define Motor Vehicle Collector? - answer ✅✅A person who owns one or more antique or special interest vehicles and acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. According to Chapter 683 of the Texas Transportation Code;

Define Special Interest Vehicle? - answer ✅✅A motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. According to the Texas Health and Safety Code Chapter 343, weeds means all rank and uncultivated vegetable growth or matter that has grown more than ___________ inches in height. - answer ✅✅ 36 After selecting the jurors, the attorneys make _____________ statements. - answer ✅✅Opening After the plaintiff has examined all its witnesses, it announces what? - answer ✅✅Rest. After the plan commission has made a recommendation to the city council, the public hearing process begins again on the ______ _____ ________. - answer ✅✅City council level.

An expert witness is one who what? - answer ✅✅Has acquired (through study or experiences) a special skill or superior knowledge in a particular field. Another way the housing rehabilitation process originates is as a result of a ______ ______ throughout the city, determining which areas and which buildings in each area are in need of rehabilitation to remove unsafe and unhealthy conditions. - answer ✅✅Systematic survey Any reason to doubt or question the qualifications of a potential juror is known as a what? - answer ✅✅Challenge for cause. Are trash, refuse, rubbish, debris, junk motor vehicles, high grass and weeds, nuisances, and zoning worth risking personal safety? - answer ✅✅Hell NO! As a general rule, cities that have less than 5000 inhabitants are going to be what? - answer ✅✅General Law.

As a general rule, cities that have more than 5000 inhabitants are going to be what? - answer ✅✅Home rule. As a municipality, can we enforce deed restrictions or covenants? - answer ✅✅NO Before the city council of a home rule city may adopt a general zoning scheme, the city must appoint a _________ _________ to study the relevant issues and recommend the original zoning district boundaries and regulations. - answer ✅✅zoning commission Being prepared is one way in which CEO's help protect themselves. Prepared is an acronym that stands for what? - answer ✅✅Proactive, Responsive, Empathetic, Patient, Alert, Ready, Educated, and Disciplined. Briefly describe the Standard Zoning Enabling Act? - answer ✅✅President Herbert Hoover appointed a commission to study and draft a

model act which, when adopted by a state, would authorize local communities to enact comprehensive zoning ordinances. Briefly describe Urban Planning? - answer ✅✅Simple process in which sound decisions are made and action taken based upon the collection, analysis, and management of information. By January 1, 2002, all municipalities in the State of Texas had to adopt which building code for residential construction? - answer ✅✅IRC Code Enforcement started growing with what types of incidents? - answer ✅✅Health/Environmental issues, community safety, dangerous buildings, and fire incidents. Comprehensive zoning as it is known began in _____. - answer ✅✅ 1909 County government in Texas was established to what? - answer ✅✅Serve as an arm of the state

and may be seen as a unit of state government - apart of the state itself. Courts have consistently prohibited home-based business when the commercial activity became the ________ use of the dwelling. - answer ✅✅Dominant Deed restrictions are what? - answer ✅✅A private, multi-party contract created for the benefit of the residents of a specific subdivision. Define a Code Enforcement Officer-in-Training? - answer ✅✅An agent of this state or a political subdivision of this state who engages in code enforcement but who has less than one year of experience in the field of code enforcement and is supervised by a registered code enforcement officer. Define Absolute Immunity? - answer ✅✅The status of a person or body that places one beyond the law and makes one free from legal obligations. Immunity for building official or CEO, not liable for their discretionary acts.

Define Affiant? - answer ✅✅The person who makes and subscribes an affidavit. Define Affidavit? - answer ✅✅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. Define Civil Action? - answer ✅✅Legal action to protect a private civil right or to compel a civil remedy. Define Code Enforcement? - answer ✅✅The inspection, improvement, and rehabilitation of environmental hazards in public and private premises by determining the presence of fire or health hazards, nuisance violations, unsafe building conditions and violations of any fire, health or building regulation, statute, or ordinance. Define Defamation? - answer ✅✅That which tends to injure a person's reputation.

Ex: A lie that I tell that messed up Ruby's reputation. Define Dillon's Rule? - answer ✅✅Municipal governments only have the powers that are expressly granted to them by the state legislature, those that are necessarily implied from that grant of power, and those that are essential and indispensable to the municipalities existence and functioning. Define Enabling Legislation? - answer ✅✅The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws. Define General Law City? - answer ✅✅Basically, cities operate under the laws of the state with some exceptions to those laws. Define Home Rule Charter? - answer ✅✅Organizational plan or framework of a municipal corporation like a constitution of a state or nation; it is drawn up by the

municipality and adopted by popular vote of the people. Comes after Home Rule is achieved. Define Home Rule? - answer ✅✅The power of a city to govern itself so long as charter provisions or ordinances are not inconsistent with state law. Define Substantive Law? - answer ✅✅The statutory or written law that governs rights and obligations of those who are subject to it. Define Testimony? - answer ✅✅The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence. Define Ultra Vires? - answer ✅✅Beyond the legal power or authority of a person or official or body, etc. Define Venire? - answer ✅✅A writ summoning persons to court to act as jurors.

Define Voir Dire? - answer ✅✅The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth. Define Writ of Madamus? - answer ✅✅An extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail. Define Writ? - answer ✅✅A judicial order directing a person to do something. Describe a floating zone? - answer ✅✅It is a term used for a zoning technique under which the municipality adopts a zoning district in the text of its zoning ordinance but does not map it immediately. Describe Amortization? - answer ✅✅Involves a formal public hearing to determine what value, if any, is left or remains in a nonconforming use.

It is the process of terminating non conformance on the basis of a time schedule that has been prescribed by the zoning board of adjustment. Describe contract zoning? - answer ✅✅It is an agreement by a government body to enact a change in land use classification in exchange for certain concessions to be granted by the developer or applicant. This has been held to be invalid as an improper bargaining away of the city's police powers. Describe Illegal nonconforming uses? - answer ✅✅Those land uses that occur after zoning has been adopted. Ex: Property owner converts a single-family residence into a commercial business. Describe legal nonconforming? - answer ✅✅Grandfathered uses - grandfathered rights. Ex: City annexes properties in the ETJ, farmers are kept where they are located.

Describe Performance Zoning? - answer ✅✅Performance zoning differs from standard zoning in that it may not employ a zoning map at all. It simply measures the impact of a land- use activity against certain standards such as odors, noise, glare, air pollution, parking, etc. Describe takings? - answer ✅✅The 5th Amendment to the Constitution provides, in part, that private property shall not be taken for public use without just compensation. A city cannot take a property without compensation to property owner. Describe the Commission form of local government? - answer ✅✅This form of local government shares power equally among the elected body. Either each commissioner will have a portion of the government, which they run independently of the other commissioners, or each may have departments directly under them that are similar to other commissioners', but only work in their commission district.

Describe the Council-Manager form of local government? - answer ✅✅The people elect a council and mayor to create policies and a vision for the city. The council then votes and hires a manager to oversee the day-to-day operations of the city. If the Manager is not fulfilling the expectations of the council, then they can fire this manager and hire a new one. Describe voluntary compliance? - answer ✅✅Results when all citizens of a community have been informed of the existence of a comprehensive plan and are asked to comply. Fire marshals, code officers, or health officals may use _______ _________ to obtain a search warrant. - answer ✅✅Probable cause. Garagekeeper means: A. Someone who keeps excessive amounts of material in the garage. B. An owner or operator of a storage facility. C. An owner or operator of a residential garage.

D. Keeper of a garage. - answer ✅✅B Generally speaking, code enforcement does not deal with the _________ element of enabling legislation and ordinances, while police officers do. - answer ✅✅Criminal. How may a potential juror be excused from serving? A - When composing a venire, that potential juror if found not to speak, read, or write the English language. B - When composing a venire, the potential juror is late. C - When composing a venire, the potential juror is under 21 years old. D - The juror is denied the privilege of asking questions. - answer ✅✅A Identify the two types of zoning. - answer ✅✅Performance and Standard.

If a code officer wishes to administer a search warrant, they must have what? - answer ✅✅Probable cause (reason to believe). If a hearing is requested by a junk vehicle owner, it shall not take place earlier than the ______ day after the date of the service of the notice. - answer ✅✅11th If a structure is built or located differently than the approved plans showed, the building department will generally issue a what? - answer ✅✅Stop-work order. If there are no rebuttal witnesses by either side, both parties announce what? - answer ✅✅Close. In a municipality, the charter is what? - answer ✅✅It sets out the powers and duties of the municipal government. beyond the scope of that authority, the government may not act. In regards to a zoning request;

The planning department will prepare a written notice that will be sent to affected property owners. State law requires that the notice be sent to owners of property located within ______ ft of the request. - answer ✅✅ 200 In regards to consent; If an occupant of a property is not the owner (tenant), do you need consent from the property owner? - answer ✅✅The overall answer is no. However, if there are certain areas of the house that are locked and the tenant cannot readily produce a key then one should believe the tenant does not have access to that portion of the property. In regards to consent; If occupants are an unmarried couple (only one person signed the lease), is consent still needed from both parties? - answer ✅✅The answer is no. Since the occupants are sharing the dwelling equally, only one has to consent. In regards to consent;

If occupants are roommates but not in a relationship, do you have to get separate consent to search individual bedrooms? - answer ✅✅Yes. If roommates are not sharing all aspects of the property together, or there is not an equal expectation of privacy, then you will need permission of individual occupants to search individual rooms. In regards to consent; The in plain view doctrine states what? - answer ✅✅Holds that if an inspector observes a violation while in a public way where the inspector is legally entitled to be, no violation of the Fourth Amendments can result. In regards to consent; Trespassers may also occupy buildings without a lease (or permission). Should you still obtain permission before entering? - answer ✅✅Yes. When in doubt, obtain permission! In regards to Jury Selection;