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(a) A culpable mental state is not required for the commission of an offense under this code or another city ordinance that is punishable by a fine not exceeding $500, unless the provision defining the conduct expressly requires a culpable mental state.
(b) In accordance with Section 6.02 of the Texas Penal Code and notwithstanding any code or ordinance provision to the contrary, a culpable mental state is required for the commission of an offense under this code or another city ordinance that is punishable by a fine exceeding $500.
(c) When a culpable mental state is required for the commission of an offense under this code or another city ordinance, a person must have acted knowingly or with knowledge, unless the provision defining the conduct expressly requires a different degree of culpability.
(d) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. (Ord. Nos. 15105; 19455; 26274)
(a) All ordinances of a general and permanent nature, and amendments to such ordinances, hereinafter enacted or presented to the city council for enactment shall be drafted, so far as possible, as specific amendments of, or additions to, the “Dallas City Code,” and when done shall be part of the code. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter and section. For clarity in reading amendments to the code, any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be inserted in its appropriate place in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when amendments are printed in the code.
(b) A separate volume or volumes shall be added to the Dallas City Code and shall contain the city’s Building Code, Mechanical Code, Plumbing Code, and Electrical Code along with applicable administrative provisions.
(c) Chapters 1 through 51A of the code shall be maintained by the city attorney on a word processing system so that the code, as it exists on the system, is continuously updated as amendments to the code are adopted by the city council. The city attorney shall periodically cause supplements to the code to be printed, but not less than once each year. When the supply of code books becomes short or when supplements become so numerous as to make handling and selling of the code difficult, the city attorney may cause the entire code to be reprinted in an up-to-date form with all amendments included.
(d) When a supplement to the code is printed from the word processing system maintained by the city attorney or when the entire code is reprinted from this system, the supplement or code so printed shall be deemed the official supplement or code of the city without further action of the city council and shall be admitted as evidence in court without further proof. (Ord. Nos. 15904; 18828; 19455)
(a) When any territory exists, to the extent of at least three acres, contiguous, unimproved and adjoining the lines of the city, the city council may, by ordinance duly passed, discontinue such territory as a part of the city, provided the application for such discontinuance or disannexation shall set forth in writing the territory desired to be discontinued and describe the territory desired to be discontinued by metes and bounds as in the case of annexation of territory provided by the charter.
(b) Subsection (a) shall not be construed as limiting the authority of the city to make mutually agreeable boundary changes with other municipalities in accordance with state law. (Code 1941, Art. 29-1; Ord. 20059)
When the ordinance provided for in the preceding section has been duly passed, the city council shall cause to be entered an order to such effect on the minutes of the council. From and after the entry of such order, such territory shall cease to be part of the city; provided, that the city council may exercise its own discretion with reference to discontinuing any part of such territory and in no case shall any territory be discontinued, except on the application of the owner or owners of such territory and where the metes and bounds of the territory that is sought to be discontinued are clearly set forth in such application; provided further, that all applications for the discontinuance of any territory shall be in writing as provided in this section, and approved by the city engineer’s and the city attorney’s departments. (Code 1941, Art. 29-2)
(a) Whenever the city is required by statute, rule, regulation, or ordinance to send a notice to an owner of real property for the purpose of enforcing a provision of this code, the notice may include the following statement: “According to the real property records of County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not.”
(b) The notice described in Subsection (a) must be delivered in person or by certified mail, return receipt requested.
(c) If the city sends a notice to the owner of the property to which the notice relates, as shown by the real property records of the county in which the property is located on or after the 10th day before the date the notice is sent, and the record owner no longer owns the property, the record owner shall execute an affidavit provided by the city with the notice stating:
(1) that the record owner no longer owns the property; and
(2) the name and last known address of the person who acquired the property from the record owner.
(d) The record owner shall deliver the affidavit in person or by certified mail, return receipt requested, to the city not later than the 20th day after the date the record owner receives the notice.
(e) If the city receives an affidavit under Subsection (d), the city shall send the appropriate notice to the person named in the affidavit as having acquired the property. A notice sent under this subsection must include the statement authorized by Subsection (a).
(f) Upon receiving an affidavit under Subsection (d), the city shall:
(1) maintain the affidavit on file for at least two years after the date the affidavit was received; and
(2) deliver a copy of the affidavit to the chief appraiser of the appraisal district in which the property is located.
(g) The city is considered to have provided notice to a property owner if the city complies with the statute, rule, regulation, or ordinance under which the notice is sent and if the city complies with:
(1) Subsection (a) and does not receive an affidavit from the record owner; or
(2) Subsection (e) and does not receive an affidavit from the person to whom the notice was sent under Subsection (e).
(h) If the city complies with this section and does not receive an affidavit under Subsection (d), the record owner is presumed to be the owner of the property for all purposes to which the notice relates.
(i) For purposes of this section, “real property” does not include a mineral interest or royalty interest. (Ord. 21025)
Whenever this code or another city ordinance provides that a person may appeal a decision of a city board or commission to district court, the appeal is limited to a hearing under the substantial evidence rule unless expressly provided otherwise by this code, another city ordinance, the city charter, or state or federal law. (Ord. 23227)