(a) Consistent with the findings of fact in Section 27-1 of this chapter, the purpose of this article is to protect the health, safety, and welfare of the people of the city of Dallas by obtaining an owner's compliance with minimum property conditions and lawful operations, which compliance is likely to reduce certain criminal activity on property where that criminal activity is so prevalent as to render the property a habitual criminal property or a habitual nuisance property. Reducing the crime rate in the city of Dallas is essential to making properties safe, sanitary, and fit for human habitation and for improving quality of life for occupants of surrounding properties.
(b) This article does not create a private cause of action or expand existing tort liability against a property owner. This article is not a prerequisite to any suit and does not in any way impair the city's ability to file a lawsuit under Chapter 125 of the Texas Civil Practice and Remedies Code, as amended, or under any other law. (Ord. Nos. 30714; 32057)
In this article:
(1) ABATABLE CRIMINAL ACTIVITY means those activities listed in Chapter 125 of the Texas Civil Practice and Remedies Code, as amended. The term does not include crimes of family violence.
(2) CHIEF OF POLICE OR CHIEF means the chief of the police department of the city or the chief's designee.
(3) CODE VIOLATIONS mean violations of the following provisions of the Dallas City Code:
(A) Section 107.6, "Overcrowding," of Chapter 16, "Dallas Fire Code."
(B) Section 7A-18, "Duty to Maintain Premises Free from Litter."
(C) Section 18-13, "Growth to Certain Height Prohibited; Offenses."
(D) Subsections (c) through (j) of Section 27-11, "Minimum Property Standards; Responsibilities of Owner," of Chapter 27, "Minimum Property Standards."
(E) Section 30-1, "Loud and Disturbing Noises and Vibrations," of Chapter 30, "Noise."
(F) Section 30-4, "Loudspeakers and Amplifiers," of Chapter 30, "Noise."
(G) Chapter 38A, "Promoters."
(H) Sections 43-126.9, 43-126.10, and 43-126.11 of Division 3, "Valet Parking Services," of Article VI, "License for the Use of Public Right-of-Way," of Chapter 43, "Streets and Sidewalks."
(I) Section 51A-6.102, "Noise Regulations," of Article VI, "Environmental Performance Standards," of Chapter 51A, "Dallas Development Code."
(J) Conditions in planned development or specific use permit ordinances regulating outdoor live music, outdoor patios, the operation of outdoor speakers and amplification, and hours of operation of a use.
(4) CPTED means crime prevention through environmental design and is a multi-disciplinary approach to reducing criminal behavior through environmental design by integrating the following concepts, among others, on property: natural surveillance that eliminates hiding places for people to engage in crime unnoticed; clear delineation of private space from public space; and controlled access onto private property.
(5) DIRECTOR means the director of the department of code compliance.
(6) HABITUAL CRIMINAL PROPERTY means a property that is described in Section 27-48(a).
(7) HABITUAL NUISANCE PROPERTY means a property that is described in Section 27-48(b).
(8) OWNER means a person or entity who has ownership or title of real property, including, but not limited to:
(i) the holder of fee simple title;
(ii) the holder of a life estate;
(iii) the holder of a leasehold estate for an initial term of five years or more;
(iv) the buyer in a contract for deed;
(v) a mortgagee, receiver, executor, or trustee in control of real property; and
(a) The chief of police shall implement and enforce this article as it pertains to abatable criminal properties and may by written order establish such rules, regulations, or procedures, not inconsistent with this article, as the chief of police determines are necessary to discharge any duty under or to effect the purpose of this article as it pertains to abatable criminal properties.
(b) The director, in collaboration with the chief of the fire department, shall implement and enforce this article as it pertains to abatable nuisance properties and may by written order establish such rules, regulations, or procedures, not inconsistent with this article, as the director determines are necessary to discharge any duty under or to effect the purpose of this article as it pertains to abatable nuisance properties. (Ord. Nos. 30714; 32057)
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