TEXAS CODE ENFORCEMENT EXAM 2024-2025, Exams of Nursing

Download TEXAS CODE ENFORCEMENT EXAM 2024-2025 and more Exams Nursing in PDF only on Docsity! 1 | P a g e TEXAS CODE ENFORCEMENT EXAM 2024-2025 WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED ANSWERS |FREQUENTLY TESTED QUESTIONS AND SOLUTIONS|ALREADY GRADED A+|NEWEST| GUARANTEED PASS |LATEST UPDATE First Step in Appeals Process File a motion for a new trial The Village of Euclid vs. Amber Realty Company was a US Supreme Court case concerning the constitutionality of zoning that happened which year? 1926 A ___ ____________ agency may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property Law Enforcement THSC 341.019- Mosquito Control on Uninhabited Residential Property (a) Notwithstanding any other law, a municipality, county, or other local health authority may abate, without notice, a public heath nuisance under section 341.011(7) that: (1) is located on residential property that is reasonably presumed to be abandoned or that is uninhabited due to foreclosure; and (2) is in immediate danger to health, life, or safety of any person Ch 6 Nuisance Violations- "Under the sanitation code, if personal service cannot he obtained or the owner's post office address is unknown, one of the ways the municipality may provide notice of the violation is by publication at least twice within __ consecutive days." 10 2 | P a g e ____ oversees the collection, processing, and recycling or disposal of over 19 million tires discarded each year in Texas. TCEQ- Texas Commission on Environmental Quality Good reusable tires are not considered scrap tires if they are- Stacked, sorted, classified, and arranged in an organized manner for sale Scap tires must be hauled by a _______ _________ to an authorized facility, either a ______ ________ or a scrap tire facility Registered Transporter, Permitted Landfill All permitted land fills or scrap tire facilities must keep ______ ________ showing the disposition of scap tires Manifest Records A municipality may file a _______ __ ________ with the ________ ______ for removing weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter Statement of Expenses, County Clerk Rubbish Mostly non-putricible wastes, including debris, tin cans, bottles, paper, grass and weed cuttings, paper boxes, short and light or wood building material Tenth Amendment Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people Deed Restrictions Private, multi party contracts created for the benefit of residents of a specific subdivision The ___ regulates one and two family dwellings, where the ___ regulates all other structures including commercial buildings IRC- International Residential Code/ IBC- International Building Code Dangerous Buildings •Buildings in imminent danger of collapse because of dilapidation, deterioration, or structural inadequacy • Buildings having inadequate means of egress Purpose of the Housing Code to establish minimum standards essential for safe, sanitary, and fit human habitation by governing the use, maintenance, and occupancy of existing residential buildings 5 | P a g e Complacent P.R.E.P.A.R.E.D. Proactive, Responsive, Empathetic, Patient, Alert, Ready, Educated, and Disciplined New Legislation HB 2584 allows a registered Code Enforcement Officer performing official duties to carry an instrument used to- Deter an animal bite The Code Enforcement Officer may issue a _______, but is not allowed to provide a _________ or set a court date. Citation, Summons What national association has become the premier association fostering code compliance through its certification program, education, training, and enforcement? American Association of Code Enforcement Absolute Immunity Shields public officials from being sued for official acts without regard to motive Affiant The person who makes and subscribes his signature to an affidavit. Affidavit A written or printed statement made under oath. Civil Action Any action that is not a criminal proceeding Defamation That which tends to injure a person's reputation Dillon's Rule A municipal corporation can exercise only the powers explicitly granted to them, those necessarily or fairly implied in or incident to the powers expressly granted, or those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable Enabling Legislation legislation that gives appropriate officials the authority to implement or enforce the law General Law City Municipality that is limited to the governmental structures and powers specifically granted by state law. General law cities are bound by Dillon's rule 6 | P a g e Home Rule The power of a local city or county to set up its own system of self-government without receiving a charter from the state. Home rule is allowed under some state constitutions. The authority to act in local affairs is transferred from state law to a local charter, adopted and, as need be amended, by voters through referendum Injunction A court order that prohibits a party from doing something (restrictive injunction), or compels them to do something (mandatory injunction) Libel Published defamation which tends to injure a person's reputation Lien An encumbrance or legal burden upon property Lis Pendens A dispute or matter which is the subject of ongoing or pending litigation Search Warrant A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence Substantive Criminal Law Law with the purpose of prevention of harm to society which prescribes punishment for specific offenses Substantive Law Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law Testimony The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence Venire A writ summoning persons to court to act as jurors Main Issue with Free Standing Signs Location Most Restrictive Material used for Signs Wood and masonry with pointed or raised messages 7 | P a g e The ________ _____ of a municipality may require the filling and draining and regulation of any place in the municipality that is unwholesome, contains stagnant water, or is in any other condition that may produce disease. Governing Body City may abate, without notice, weeds higher than ____ inches 48 "The Rule" Witness may be asked to leave the courtroom during testimony. Land Use Plan identifies best location for residential, commercial, industrial, and agricultural lands Main form of zoning enforcement Police Powers Covenant written, signed agreement with two or more parties to perform an action Motor Vehicle Demolisher Converting motor vehicles into processed scrap or scrap metal, or wrecking or dismantling motor vehicles Covenants usually expire after- 20-25 years of application Planning Commission 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 Master Plan A comprehensive plan for the physical, social, economic, and environmental development of the municipality By ____, zoning was gaining a wide base of support 1921 Three major Classifications of Signs Ground, Wall, Pole 3 types of signs that would not require a permit 10 | P a g e 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? 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. 25 years How soon should you notify the owner of an abandoned vehicle once the vehicle has been taken into custody? No later then the 10th day after it is taken into custody. An abandoned Motor Vehicle is inoperable and is? 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. Special Interest Notice provided for the removal of a public nuisance (junk vehicle) must provide not less then? 10 days Junk vehicle notice must be personally deliver or? 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. 11 days If an abandoned motor vehicle is not claimed the owner or lean holder waives all rights and interests to the item. True Who do you notify is an abandoned vehicle was on the property for more than 48 hours? Owner and Occupant Newspaper Lien Holder What steps can a community take to make the enforcement administrator of sign regulation efficient? Require a building permit before an owner constructs, repairs, or remove a sign Signs are generally regulated by? 11 | P a g e Zoning What is the most common limitation on signs? Size of the sign Sign regulations are grouped in what classification? Ground signs, pole signs, and wall signs The two most basic types of signs are? 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? 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? 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? 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? $4 If a HUD manufactured home request application is denied, the applicant must be informed within how many days? 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). Home Rule _____ _____ cities or towns basically operate under state legislation (state laws) without changing those laws. General Law Most cities or towns become homeroom charters in a population of___this is done by a vote of citizens. 12 | P a g e 5,000 The ____ admendment insure state governments do not discriminate in applying their laws to different individuals or groups of people. 14th Admendment The ___ admendment prohibits, generally, the search and seizure of any property unless a warrant has been issued. 4th Amendment The ___ amendment provides for an indiviuals right to freedom of speech. 1st Amendment A judicial order (order by a judge) ordering a specific conduct or act to stop, either permanently or temporally is known as? (This would be Ch. 54 when dealing with codes filled in a district court.) Injunction Papers or documents filed when a city has taken action against a property; which stay with the property; and if someone purchases the property, the new owner still has to follow or pay the civil actions or orders placed on that property; is known as? Lis Pendens Search warrants can only be issue to how many code officials? 1 Search warrants have an execution date of how many whole days exclusive of the day is issuance and it's execution? 3 How are home occupation administered and enforced? Zoning ordinances What is an argument against home occupations? Discrimination economically against owners of commercial space. Residential structures are not suited for the commercial equipment. Traffic, noise, orders, parking problems, and other nuisance. Other business This zoning term/ type are used for a zoning technique under which municipality adopts a zoning district in the text of its zoning ordinance but does not map? Floating Zones Police power is the primary form of___enforcement? 15 | P a g e The procedure that a Fire Marshall, Code, Officer, or Health Official may use to obtain a search warrant is known as? Probable cause What is considered the least desirable form(s) of persuasiveness for a code enforcement officer) Writing a citation Legal Action A person aggrieved by a decision, tax payer, an officer, department, Board or bureau of a municipality may all present to a court of record a verified petition stating that the decision of the Board of Adjustment is illegal in the whole or in part and specifying the grounds of illegality. True The___ amendment of the U.S. Constitution must be conceded by a city council when approving the regulation of signs, especially regarding the content and the commercial or non- commercial use of signs. 1st A municipal corporation has only the those powers which are expressly granted to it by charter or other legislation, implied or necessary incident to the expressed powers and essential and indispensable to the declared objects and purposes of the corporation in regards to city powers is known as? Dillon's Rule What level of government regulation establishes a board of adjustments? State Law According to the local government code, a municipality may by ordinance, requires the vacation, relocation of occupants, securing, repair, removal, or demolition of a building. The ordinance must include what criteria? Sub-Standard Structure Definition When a homeroom city brings an action against an owner of a property that is not in substantial compliance with municipal ordinances regarding fire protection, structural integrity, zoning and disposable or refuse, the case is filled in what court? District Court As provided in the local government code, chapter 214, a home rule municipalities may bring an action in District Court against an owner of residential property that is not in substantial compliance with the municipal ordinance regarding? Sub-Standard Buldings ______ ____ establish the minimum standards essential for safe, sanitary and fit human habitation by governing use, maintenance and occupancy of existing building? 16 | P a g e Housing Code Identify the two codes primarily involved in housing rehabilitation process? Building Code and Housing Code Under chapter 342, local regulation on sanitation, if personal service cannot be obtained or the owners post office address in unknown the municipality may provide notice of violation in what other form? Publication at least twice within 10 consecutive days Posting 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 to the property to which the violation relates To obtain a lien against the property where the work has been done to bring the property into compliance with chapter 342, the Mayor, municipal help authority, or other municipal officials designated by the mayors must file a statement of experience with whom? County Clerk What is the percentage rate on the amount due from the date of payment they may be collected by the municipality for security on expenditures made and interest accruing on liens obtained by a municipalities governing body in compliance with chapter 342 of local regulations on sanitizing? 10% _____ Is mostly non-putricible waste including debris, tin cans, bottles, paper, grass and weed cuttings, paper boxes, sore and light wood building materials. Rubbish' The city of Galveston Texas became the first city to officially adopt the commission form of government in what year? 1901 The BOA has an exclusive jurisdiction over what three things? Variance, Special Exception, Appeals from the decision of the administrative personnel What is a promise by one person to another to do, or to refrain from doing a particular act is known as a (n)? Covenant When a meeting is on scheme, within how many feet do you notify property owners? 200-feet What is probable cause? Reason to believe 17 | P a g e A municipality impose a lien against the land on which a building stands or stood unless it has a _______as protection by the Texas constitution. Homestead According to the Texas health and safety coach after 343, weeds mean all rank and uncultivated vegetation growth or matter that has grown more than ____inches in height. 36- inches Nonconforming use is can be categorized to ways . What are they? Legal and illegal non-conforming uses Council manager form of government was officially adopted in which cities in what years? Sumpter, SC in 1912 and Dayton, OH in 1914 On what date did mobile homes convert to HUD Code manufactured homes? June 15, 1976 In compliance with a comprehensive plan, zoning regulations are designed to? Lesson congestion on streets and provide adequate light. Promote health in general welfare in a community and to safely secure from fire, panic, and other dangers. Prevent overcrowding of land and avoid undue concentration of population. Facilitate provisions of transportation, water, sewer, schools, parks, and other public requirements In the house code of your city it states a dwelling must have 150 ft.² for the first person living in the dwelling, and an additional hundred square feet for each additional person, living in the dwelling of the age of 12 years old and over. Additionally, it states anyone living in the dwelling less than 12 years old but more than 12 months old should be computed at 50% of the required living space. Of the following groups which is the largest family they could occupy 675 ft.² house? A mother, father, one infant 2-month old, three children 11, 14 and 16 years old, and a 78-year old grandfather Any motor vehicle of any age that has not been changed from original manufacturers specifications and, because of his historic interest, is being preserved by hobbyist can be a special interest vehicle. True To be an antique vehicle a passenger car or truck must be at least___years old? 25 years The state transportation code to find the Department is? Texas Department of Transportation 20 | P a g e For the code enforcement of housing employment agency, the inspection procedure provides a means for gathering data they can be combined with other similar data to develop a comprehensive picture of housing conditions in the community as an aid to measure improvement progress. True The main focus of housing agencies activity should be the mirror enforcement of the housing ordinance. False The city may regulate the location of mobile homes in HUD code Manufactured homes in the absence of zoning. True A The Code Enforcement Officer examination measures the ________ and ________ required to be a code officer. Knowledge and Skills. What is the purpose of Code Enforcement? To establish and maintain a standard of quality of life for all citizens by providing quality inspections and bringing about improvements and rehabilitation to the community. Code Enforcement started growing with what types of incidents? Health/Environmental issues, community safety, dangerous buildings, and fire incidents. Define Code Enforcement? 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. In regards to the Texas Administrative Code (2007), define a Code Enforcement Officer? An agent of this state or political subdivision of this state who engages in code enforcement and has one year or more of experience in the field of code enforcement. Define a Code Enforcement Officer-in-Training? 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. T or F? Code Enforcement Officers identify with the same citation powers as police officers, sheriffs, marshals, and others. 21 | P a g e True! Generally speaking, code enforcement does not deal with the _________ element of enabling legislation and ordinances, while police officers do. Criminal. T or F? Code officers are not allowed by law to provide a summons or set a court date. This must be done by the municipal, county, or district courts. True! In regards to non-citation enforcement options, what can a CEO do instead of issuing a citation? Serve a notice of violation. Are trash, refuse, rubbish, debris, junk motor vehicles, high grass and weeds, nuisances, and zoning worth risking personal safety? Hell NO! Being prepared is one way in which CEO's help protect themselves. Prepared is an acronym that stands for what? Proactive, Responsive, Empathetic, Patient, Alert, Ready, Educated, and Disciplined. The purpose of Code Enforcement Association of Texas (CEAT) is what? To study and advance the science and practice of code enforcement through certification designed to promote the interests of the profession. On a national level, what is the association that represents code enforcement officers? American Association of Code Enforcement (AACE) What is the International Code Council? Code council involved in code on an international scale. There are substantial advantages in combining the efforts of existing code organizations to produce a single set of codes. What is the State of Texas definition of Code Enforcement? a. The ability to arrest anyone at anytime. b. The abilitiy to write ordinances, inspect property, issue citations, and arrest violators. c. 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, state, or ordinance. d. The enforcement of the federal code. C 22 | P a g e The State of Texas defines a code enforcement officer as: a. An agent of this state or a political subdivision of this state who engages in code enforcement and has one year or more of experience in the field of code enforcement. b. An agent of this state or a political subdivision of this state who engages in code enforcement and has three months or more of experience in the field of code enforcement. c. An agent of this state or a political subdivision of this state who engages in code enforcement and has six months or more of experience in the field of code enforcement. d. An agent of this state or a political subdivision of this state who engages in code enforcement and has five years or more of experience in the field of code enforcement. A The State of Texas defines a code enforcement officer-in-training as: a. An agent of this state or a political subdivision of this state who engages in code enforcement and has three months or more of experience in the field of code enforcement. b. An agent of this state or a political subdivision of this state who engages in code enforcement and has one year or more of experience in the field of code enforcement. c. An enforcement agent. d. 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. D Define Absolute Immunity? 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? The person who makes and subscribes an affidavit. Define Affidavit? 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? Legal action to protect a private civil right or to compel a civil remedy. Define Defamation? 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? 25 | P a g e What is the negative aspect of Commission form government? Duplication and it invites the exercise of independent power among the commissioners in such a way that they sometimes do not cooperate with each other. In what city and what year was the first city ever to adopt the commission form of local government? Galveston, Texas, 1901. Which form of local government contains checks and balances? Council-Manager form. Describe the Council-Manager form of local government? 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. The council-manager model was first officially adopted when and where? 1912 - Sumter, South Carolina 1914 - Dayton, Ohio The council-manager form of local government is described as a _________ model. Corporate model. T or F The city manager works at the whim or pleasure of the city council, which may discharge him at any time without case. T What are the 3 forms of local government in the United States today? Mayor-council (weak and strong) Commission form Council-manager The ________________ form of local government is the most common and is found in the largest number of cites. mayor-council The _______ form of local government is almost nonexistent. It is now more often found at the county level of government than in cities. commission. The principle, "cities of the state" was established in a doctrine written by Judge John F Dillon.. What was the name of this doctrine? 26 | P a g e Dillon's Rule. Texas is a Home Rule state. Under this law, if a city reaches a population of 5000 or more it may adopt a ____ ____ _____. Home rule charter. T or F Under home rule, if the state does not address an issue that the city is concerned about, the municipality can adopt an ordinance that it feels will ensure the safety and welfare of the community. T T or F Under general law, if the state does not address an issue of concern, the city can still enact legislation to fix this issue. F General Law must follow the state law and cannot create it's own. The statutory authorities for code enforcement powers are now generally found in the ________ ____________ __________. Local Government Code. As a general rule, cities that have less than 5000 inhabitants are going to be what? General Law. As a general rule, cities that have more than 5000 inhabitants are going to be what? Home rule. What does the 14th amendment guarantee? No state shall deny to any person within its jurisdiction the equal protection of the laws. Local ordinances are _________ to state statues when there is a conflict between the two laws. inferior The state court system include what courts? Justice of the peace courts, municipal courts, county courts, district courts, courts of civil appeals, and the Supreme Court of the State of Texas. The federal court system includes what courts? Federal district courts, courts of civil appeals, and the Supreme Court of the United States. In regards to the thirteen circuit courts of appeals, Texas is in which one and what location? Fifth Circuit Court of Appeals, located in New Orleans Louisiana. An expert witness is one who what? 27 | P a g e Has acquired (through study or experiences) a special skill or superior knowledge in a particular field. In regards to Jury Selection; A jury pool is known as what? A venire. T or F When composing a venire, if a potential juror is found not to speak, read, or write the English language, that person may be excused from duty. T Any reason to doubt or question the qualifications of a potential juror is known as a what? Challenge for cause. 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. The rule. After selecting the jurors, the attorneys make _____________ statements. Opening In regards to the court process, there are 4 basic examination proceedings that are conducted. What are they? - Direct - Cross - Re-direct -Re-cross After the plaintiff has examined all its witnesses, it announces what? Rest. If there are no rebuttal witnesses by either side, both parties announce what? Close. The jury's sole responsibility is what? Make a determination based on facts. T or F The basis for appealing a court decision is an alleged error in trial cases procedure or application of the law. T The first amendment deals with what? 30 | P a g e 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. A What is venire? A - Judge B - Jury pool C - Judge and jury D - Jurisdiction B Municipal governments have only those powers expressly granted by the state (or necessarily implied thereby) and those essential and indispensable to their existence and functioning. This is known as: A - Dillon's Rule B - Municipality C - Venire D - the Texas Freedom Act A The City of Galveston, Texas first officially adopted the commission form of local government in _______. 1901 ___________ ____________ is evidence sufficient to warrant an arrest or search and seizure. Probable cause The __________ __________ form of government was offically adopted in 1912 in Sumpter, South Carolina and in 1914 in Dayton, Ohio. Council-Manager Fire marshals, code officers, or health officals may use _______ _________ to obtain a search warrant. Probable cause. The mayor-council form of government may be strong or _______. Weak Comprehensive zoning as it is known began in _____. 1909 31 | P a g e The constitutionality of zoning was upheld by the U.S. Supreme Court in _____. 1926 Texas adoptd its form of the Standard Zoning Enabling Act in _____. 1927 Briefly describe the Standard Zoning Enabling Act? 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. __________ ____________ improves the quality of life enjoyed by the citizens. Urban Planning ________ __________ _______ identifies the best location for Residential, Commercial, and Industrial (RCI) sites within a city. Land Use Plan Briefly describe Urban Planning? Simple process in which sound decisions are made and action taken based upon the collection, analysis, and management of information. The Urban Planner is waging a two-pronged campaign of civic improvement.... What are these two things? - Trying to address the needs of the future - Arresting and satisfactorily resolving the problems of the past. A planning commission is what? 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. The planning commission is responsible for seeing that their decisions are in accordance with the ________ __________. Comprehensive plan The planning commission follows a series of steps in the process of developing the city's comprehensive plan. What are they? - Hold a public hearing to identify major problems in the city. - Help the City establish goals and objectives. - Collect and analyze information. - Identify alternatives for future action. - Select the best alternatives to create a dynamic plan with an action agenda that can be implemented immediately. - Ensure plan implementation. 32 | P a g e T or F? After a comprehensive plan is developed, the planner has to start over and repeat these same steps because the city's situation is always changing. T A basic city comprehensive plan usually contains four primary components. What are these? - Land-Use - Transportation - Community Facilities - Policies Document In regards to the 4 components of a City's comprehensive plan, describe Land-Use? identifies the best location for residential, commercial, industrial, agricultural, and other land forms within the city. In regards to the 4 components of a City's comprehensive plan, describe Transportation? Describes condition of the street system, identifies the changes needed to promote the existing system, and describes the steps that should be taken to ensure future street system works safely and effectively. Also can address rail lines or airports. In regards to the 4 components of a City's comprehensive plan, describe Community Facilities? Covers public improvements from planning for schools and public buildings to the status of the city's water and sewer systems. In regards to the 4 components of a City's comprehensive plan, describe Policies Document? Tells citizens which guidelines, principles, and standards the city council and the planning and zoning commissions will apply in making decisions concerning the implementation of the plan. Three fundamental ways in which a city can put its plan into effect are _________ _______, _________ ______ ___________, and ________ _________. Voluntary compliance, land-use controls, and fiscal policy. Describe voluntary compliance? Results when all citizens of a community have been informed of the existence of a comprehensive plan and are asked to comply. Land-Use Controls can be broken down into two types. What are they? Describe them. Zoning - Used to implement the land-use plan and allows the city to set aside specific areas for residential, commercial, industrial, and agricultural. Subdivision regulations - Used to ensure that residential neighborhoods are constructed according to sound principles and standards. Under a fiscal policy, a capital improvements program (CIP) does what? 35 | P a g e In Texas, before a home-rule city may adopt a general zoning scheme, the city must appoint a _______ ________ Zoning Commission 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. 200 The written notice is then mailed to the listed owners at least ____ days before the meeting at which the request will be considered. 10 T or F? In addition to sending letters to property owners, a copy of the written notice of a zoning change is published in a newspaper and a sign is sometimes placed on the property. T T or F? Zoning decisions should serve the public interest rather than the private interest of the landowner or adjoining neighbor. Planning and zoning are concerned with proper uses of land in relation to the welfare of the public, but the personal and economic interests of the developer and the neighbors are certainly not irrelevant. T T or F? The plan commission must make a decision by considering and weighing the pros and cons underlying each request. T After the plan commission has made a recommendation to the city council, the public hearing process begins again on the ______ _____ ________. City council level. The board of adjustments does have almost exclusive jurisdiction over three important aspects of the zoning process... what are these 3 aspects? Variance, special exception, and appeals from the decision of the administrative personnel. Variance is the means by which..... An adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property. 36 | P a g e Nonconforming uses are land uses that do not conform to the current zoning and can be categorized in two ways: Legal and Illegal. Describe Illegal nonconforming uses? 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? Grandfathered uses - grandfathered rights. Ex: City annexes properties in the ETJ, farmers are kept where they are located. Describe Amortization? 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. Spot zoning is the process of what? Singling out a small parcel of land for a use classification that is different and inconsistent with that of the surrounding zoned areas. Zoning of this type is normally to the benefit of the lot owner but to the determent of the surrounding area. Describe contract zoning? 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 takings? 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. What is Exclusionary Zoning? The city is not allowing equal zones/lots throughout the area. City is excluding certain people from living in town, a violation of an individuals right. If a structure is built or located differently than the approved plans showed, the building department will generally issue a what? Stop-work order. 37 | P a g e T or F? A board of adjustments is established by the state law level of government regulation. T T or F? According to Local Government Code (state law), a board of adjustment must consist of 4 regular members and one alternative? F T or F? According to Local Government Code (state law), each case before the board of adjustments must be heard by at least two members. B T or F? Police power is the primary form of zoning enforcement. T What is/are not meant to be a method of completely departing from the intent of zoning ordinance, but rather a means of judiciously affording relief to those adversely affected by a zoning ordinance? A - Zoning B - Variances C - Ordinance D - Enforcement B What is a simple process in which sound decisions are made and action taken based upon collection, analysis, and management of information? A - Urban Planning B - Residential analysis C - Industrial management D - Commercial collection A Which component of a comprehensive plan identifies the best location for residential, commercial, and industrial sites within a city? A - Residential analysis B - Land-use plan C - Urban planning D - State law plan 40 | P a g e C. City D. County B Regulating the ________ of signs used by home-based business is the first step in preventing glaring visual impacts of home-based business on surrounding neighborhoods. A. Size B. Materials C. Placement D. Contents C. What are some of the disadvantages of home-based business? Nuisances - Parking/Traffic - Noise - Trash To help enforce that home-based business do not become a nuisance, what are some of the conditions that are placed on the business? - Hours of operation - Nuisance - Permits - Off-street parking - Times of deliveries Name stipulations that a municipality may place on a day care as a home occupation. - Requires hours of operations - Site requirements - Children/Floor space According to Chapter 683 of the Texas Transportation Code; Define Abandoned Nuisance Vehicle? 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? A passenger car or truck that is at least 25 years old. According to Chapter 683 of the Texas Transportation Code; Define Garage keeper? 41 | P a g e An owner or operator of a storage facility. According to Chapter 683 of the Texas Transportation Code; Define Junked Vehicle? 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? 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? 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. T or F? A motor vehicle demolisher is required to accept the certificate of authority to dispose of a vehicle in lieu of a certificate of title for the vehicle. T T or F? 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 100 years old. F T or F? The owner of an abandoned vehicle should be notified no later than the 7th day after taken into custody. F T or F? Junk vehicle notice must be personally delivered or sent by email. F T or F? A law enforcement agency may use code enforcement department equipment (or contact for other equipment) to dispose of an abandoned motor vehicle taken into custody. 42 | P a g e T Notice provided for the removal of a public nuisance (junk vehicle) must provide not fewer than ___________ days. A. 5 B. 10 C. 20 D. 30 10 Subchapter D of the Texas Transportation Code Chapter 683 covers: A. Texas State Highway Vehicles B. Demolition of abandoned motor vehicles C. Industrial management of all powered motors D. Collection of antique vehicles B 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. B Junked vehicle means a vehicle that is self-propelled and: A. Does not have lawfully attached to it an unexpired license plate nor a valid motor vehicle inspection certificate. B. Is wrecked, dismantled or partially dismantled, or discarded; or 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. C. A and B D. Any machine that is operated on multiple wheels that is considered an eyesore to the surrounding establishments. C 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 45 | P a g e C. Land, buildings, and whatever is attached or affixed to the land D. Recreational vehicle C. Land, buildings, and whatever is attached or affixed to the land. 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. 36 What is mostly non-producible waste, including debris, tin cans, bottles, paper, grass and weed cuttings, paper boxes, short and light or wood building material? A. Noncombustible B. Combustible C. Rubbish D. All building materials C. Rubbish T or F? Building codes are pertinent to establishing minimum standards essential for safe, sanitary, and fit human habitation by governing use, and occupancy of existing residential buildings. F T or F? Housing codes pertain to new construction and provide minimum requirements for life, safety, health, public welfare, and the protection of property. They also contain provisions relating to rehabilitation of existing buildings. F T or F? The intent of code enforcement with respect to rehabilitation should be to encourage the rehabilitation and conservation of older building stick. T T or F? The basic premise of the codes is to provide safety, health, public welfare, and the protection of property. T T or F? Although the building code is primarily related to new construction, it has provisions related to rehabilitation of existing buildings, and it also contains provisions relating to unsafe existing buildings requiring either abatement of the hazardous conditions or demolition. T 46 | P a g e T or F? The term housing inspection is generally understood to mean a close-up observation of actual conditions that exist in a dwelling and on its premises. T T or F? For the code enforcement or housing improvement agency, the inspection procedure provides a means for gathering data that can be combined with other similar data to develop a comprehensive picture of housing conditions in the community as an aid to measure improvement progress. T T or F? The main focus of the housing agency's activities should be the mere enforcement of the housing ordinance. F T or F? The city may regulate the location of mobile homes or HUD Code Manufactured Homes in the absence of zoning. T The two types of codes primarily involved in the approach of rehabilitation are _____ and ______ codes. Building and housing One way the housing rehabilitation process originates is as a result of _____ ______ on the part of the owner of a building to conserve the building, rather than demolish it, by making the necessary improvements to make it a viable structure. voluntary decisions 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. Systematic survey The means by which codes are changed and updated is a two-stage process. First, the codes are _______. Second, the codes are _____ by each local jurisdiction. Revised Adopted By January 1, 2002, all municipalities in the State of Texas had to adopt which building code for residential construction? IRC 47 | P a g e What is the difference between a mobile home and a HUD Code manufactured home? Mobile home was constructed before June 15, 1976. HUD Code Manufactured home was constructed after June 15, 1976. T or F? Pole signs are signs that are supported by the ground. F T or F? Mansard signs are painted on or attached flush with a structural wall of a building. F T or F? Local regulations often include clearance requirements for projecting signs, and many require that owners of projecting signs furnish proof of insurance in case the sign should fall on someone walking by. T T or F? Some window signs may be permanently painted onto the window, while others may be temporary paper signs. T T or F? Flags can be defined as any fabric, banner, or building containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, or other entity. T Signs that are installed perpendicular to or at an angle to a building wall are called ______________. A - Projecting signs B - Protesting signs C - Fascia signs D - Pole signs A - Projecting signs The most basic distinction for signs concerns whether they are ________ or _________. permanent or temporary. Some municipalities regulate the total sign area limits by the function of lot area, _______________ ___________, building area, or some combination of these. Street frontage Sign control must be a balance between what 4 factors?