Download TXDOH Basic Code Enforcement Study Guide: Questions and Answers and more Exams Property Law in PDF only on Docsity!
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TXDOH Basic Code Enforcement Study Guide
1.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
2.An antique Auto means a passenger car or truck that is at least years
old: 25
3.How soon should you notify the owner of an abandoned vehicle once the vehicle has been taken into custody?:
No later than the 10th day after it is taken to custody
4.An abandoned Motor Vehicle is inoperable, and is?: More than 5 y/o and has been left unattended on public
property for more than 48 hours
5. means a motor vehicle or special interest vehicle of ANY age that has not been changed from its
original manufacturers specifications, and because of its historic interest is being preserved by the hobbyist: Special Interest
6.Notice Provided for the removal of a public nuisance(junk vehicle) must provide no less than?: Ten (10)
Days
7.Junk Vehicle notice must be personally delivered or ?: Sent Certified mail
8.If a Hearing is requested by a person for whom the junk vehicle belongs, the hearing shall not take place
earlier than the after the date of the service of the notice: Eleven (11) Days
9.T OR F? If an abandoned motor vehicle is not claimed the owner or lien holder waives all rights and
interests to the item: True
10.Who do you notify if an abandoned vehicle was on the property for more than 48 hours??: Owner and
Occupant
2 / Newspaper Lien Holder
11.What Steps can a community take to make the enforcement administration of a sign regulation efficient?
Require a building permit before an owner con- structs repairs or removes a sign
12.Sign are generally regulated by? Zoning
13.What is the most common limitation of signs? Size of the sign
14.SIGN REGULATIONS ARE GROUPED IN WHAT CLASSIFICATIONS? -
Ground signs, pole signs, and wall signs.
15.The two most basic types of signs are?: Permanent and temporary
16. % is the maximum rate on the amount that may be collected by the municipality for
security on expenditures made and interests accruing on lens obtained by a municipality: Ten (10) Percent
17.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
18.A lien filled with statement of expenses by a municipality for removing weeds, rubbish, brush and other
objectionable, unsightly or unsanitary matter to bring a property into compliance is only inferior to what other liens?: Tax Lines and/or liens for street improvement
19.A municipality may impose a lien against the land on which a building stands or stood to recover payment of
repair removal or demolish experiences unless what condition exits?: The Property is a homestead
20.If a municipality incurs expenses to vacate, secure, repair remove or demolish a structure how may the city
recoup its money??: Placing a lien on the property
21.When a home rule city brings an action against an owner of a property that is not in compliance with the
4 / able to write their laws based on State Legislation (state laws: Home Rule
32. cities or town basically operate under state legislation (state laws) without changing those laws:
General Law
33.Most cities or towns become home rule charters at a population of
this is done by vote of the citizens.: 5000
34.The amendment ensures state governments do not discriminate in applying their laws to different
individuals or groups of people: 14th Fourteenth
35.The amendment prohibits generally the search and seizure of any property unless a warrant
has been issued.: Fourth Amendment
36.The amendment provides for individuals right to freedom of speech: -
First Amendment
37.A judicial order (or order by the judge) ordering a specific conduct or act to stop, either permanently or
temporarily is known as? (this would be a chapter 54 when dealing with codes filed in a district court: Injunction
38.Papers or documents filed when a city has taken action against a property; which stay with the property;
and if someone p-purchases the property, the new owner still has to follow or pay the civil actions or owners placed on that property is known as?: Lis Pendens
39.Search warrants can only be issued to how many code officials??: ONE
40. Search Warrants have an execution date of how many whole days exclusive of the day of its issuance and
its execution? THREE
41.How are home occupations administered and enforced?: Zoning Ordi- nances
42.What is an argument against home occupations? Discriminates economi- cally against owners of commercial
space Residential structures are not suited for the commercial equipment Traffic noise orders parking problems
5 / and other nuisances Other business
43.The zoning term I type is used for a zoning technique under which munic- ipality adopts a zoning district in
the text of its zoning ordinance but does not map?: Floating Zones
44.Police Power is the primary form of enforcement: Zoning
45.A means of judiciously affording relief to those adversely affected by a zoning ordinance but not meant to be
a method of completely departing from the intent of a zoning ordinance is known as?: Variances
46.What is a simple process in which sound decisions are made and action taken based on collection, analysis,
and management of information?: Urban Planning
47.What component of a comprehensive plan identifies the best location for residential commercial and
industrial sites within a city?: Land use plan
48.The Village of Euclid vs. Amber Realty company was a US supreme Court case concerning the
constitutionality of zoning and happened in what year?- : 1926
49.What provides the best opportunity for systematically using volunteers in enforcement?: Planning and zoning
commission
50.What section of the comprehensive plan tells the average citizen what guidelines principles and standards
the governing body and the planning and Zoning commissions will apply in making decisions?: Policies Document
51.A set of private multiparty contracts created for the benefit of residents of a specific subdivision are known
as?: Deed restrictions
52.Zoning based on the right of a city to protect the publics health safety and general welfare is known as?:
Police Power
53.Before the city council of a home rule city may adopt a general zoning scheme, the city must?: Plan
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64.Zoning regulates what?: Land use
65.A system for the public control of land use for the community good is called?: Zoning
66.Land use that predates the current zoning ordinance and violates the current zoning ordinance is
known as?: Nonconforming use
67.What is the process of terminating nonconformance on the basis of a time schedule that has been prescribed
by the zoning board of adjustments? - Amortization
68.Basically, subdivision regulations are?: Planned development restrictions Sub division Ordinances
69.How may a potential juror be excused from serving?: Venire cannot speak, read, or write the English language
70.The definition of Venire is?: Potential Juror
71.The procedure that a Fire Marshall, Code officer, or Health official may use to obtain a search warrant is
known as?: Probable cause
72.What is considered the least desirable forms of persuasiveness for a code enforcement officer?: Writing a
citation and legal action
73.T or F?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
74.The Amendment of the U.S Constitution must be considered by the city council wen approving
the regulation of signs, especially regarding the content and the commercial or non-commercial use of the signs.: FIRST
75.A municipal corporation has only those powers which are expressly grant- ed to it y charter or other
legislation, implied or necessarily incident to the express 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
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76.What level of government regulation establishes a board of Adjustments? -
: State Law
77. According to the Local Government code, a municipality may by ordinance, require the vacation,
relocation of occupants, securing, repair, removal, or de- molition of a building. The ordinance must include what criteria?: Substandard Structure Definition
78.When a home rule city brings an action against an owner of a property that is not in substantial compliance
with municipal ordinances regarding ire protection, structural integrity, zoning, and disposal of refuse, the case is filled in what court?: District court
79.As provided in the local government code, chapter 214, a home-rule mu- nicipality may bring an action in
district court against an owner of residential property that is not in substantial compliance with the municipal ordinance regarding?: Substandard Buildings
80. establishes the minimum standards essential for safe, sanitary and fit human habitation by
governing use, maintenance and occupancy of existing building?: Housing Code
81.Identify the two codes primarily involved in the housing rehabilitation process?: Building Code and
Housing Code
82. Under Chapter 342, Local Regulation on Sanitation, if personal service can- not 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 whithin ten consecutive days Posting notice on or near the front door of each building on the which the violation relates. Posting notice on a placard attached to a steak driven into the ground on the property to which the violation relates.
83.To obtain a lien against the property where work has been done to bring the property into compliance
with chapter 342, the mayor, municipal health authority or other municipal official designated by the mayor must file a statement of expense with whom?: County Clerk
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96.In Compliance with the comprehensive plan, zoning regulations are de- signed to?: Lesson congestion on
streets and provide adequate light. Promote health and general welfare in the community and to safetly secure from fire panic and other dangers. Prevent overcrowding and avoid undue concentration of population. Facilitate Provisions of transportation, water, sewer, schools, parks, and other public requirements
97.In the housing code of your city it states that a dwelling must have 150 sq ft for the first person living in the
dwelling, and additional 100 sq ft for each additional person, living in the dwelling of the are of 12 years old and over. Additionally it states anyone living less that 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 that could occupy a 675 sq ft house?: A mother, Father, one infant 2 months old, three childen- 11,14, 17, and a 78 grandpa
98.T or F? Any motor vehicle of any age that has not been changed from original manufacturers
specifications and because of its historic interest is being preserved by a hobbyist can be a "special Interest Vehicle": TRUE
99.To be an "antique Vehicle" a passenger car or truck must be at least
years old?: 25
100. The state transportation code defines "department" as?: Texas Depart- ment of Transportation
101. To be an "abandoned Nuisance Vehicle" a motor vehicle must be in a condition only to be
junked, crushed, or dismantled and must be at least years old.?: 10
102. The state transportation code defines a person who is an owner or operator of a storage
facility as a ?: Garage Keeper
103. Motor Vehicle Demolisher" means a person in the business of?: Convert- ing motor vehicles into process
scrap or scrap metal
11 / Wrecking or dismantling vehicles
104. According to section 683.001 of the Texas transportation code, "amban- donned Nuisance Vehicle"
means a motor vehicle that is?: Of a condition only to be junked, crushed or dismantled. At least 10 years old
105. The evidence given by a witness under oath which does not include evi- dence from documents and
other physical evidence is known as?: Testimony
106. A written order issued by a judge that directs a law enforcement officer to search a specific area for
a particular piece of evidence is known as a(n)?: Search Warrant
107. The right of all persons to receive the guarantees and safeguards of the law and the judicial process,
including such constitutional requirements as adequate notice, assistance of counsel, and the right to remain silent, to a speedy trial, to an impartial jury, and to confront and secure witnesses is known as substantive...?: Due Process
108. A phrase used to denote a hypothetical person who excursuses qualities of attention, knowledge,
intelligence, and judgement that society requires of its member for the protection of their own interest and the interest of others is known as a (n)???: Reasonable Person
109. Enabling Legislation is defined as?: The act of giving or enacting laws The power to make laws via
legislation in contrast to court-made laws
110. A general law city?: Basically operate under the laws of the state with some exceptions to those laws
111. What is, the opinion that 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 essential and indispensable to the municipalities existence and functioning known as?: Dil- lon's Rule
112. The most desirable method of code enforcement is by means of..?: Vol- unitary compliance
