Severability in Garland Ordinances & City Code
Severability clauses help ensure that when one provision of a municipal ordinance is found invalid, the remainder of the ordinance—and often the rest of the city code—remains in force in Garland, Texas. This guide explains how severability operates in practice, where to find Garland's official ordinance text, and which local offices handle enforcement and challenges. For the controlling text of enacted ordinances and general provisions, consult the City of Garland Code of Ordinances.[1]
How severability works
A severability clause is a legal statement placed in an ordinance or code chapter that directs courts and officials to preserve the remainder of the law if part of it is declared invalid. In practice, severability affects whether a court will invalidate an entire ordinance or only the specific provision found unconstitutional or preempted.
Penalties & Enforcement
Severability clauses themselves do not impose penalties; penalties are set by the substantive ordinance sections. The City of Garland's consolidated code lists ordinance language but fine amounts and specific sanctions vary by chapter and are not all collected in one severability provision on the cited page.[1]
- Fine amounts: not specified on the cited page; fines depend on the specific ordinance or chapter.
- Escalation: first, repeat, or continuing offence ranges are established by individual ordinances and are not centralized in the severability clause.
- Non-monetary sanctions: abatement orders, administrative orders, permit suspensions, seizure of contraband or hazardous materials, and injunctions or civil court actions may be available under specific ordinances.
- Enforcers: Code Compliance, Building Inspections, and Garland Police Department handle enforcement depending on the subject matter; contact Code Compliance for neighborhood and property standards.[2]
- Appeals and review: remedies typically include administrative appeals or filing in Garland Municipal Court; specific time limits for appeals are set in the enforcing ordinance or court rules and are not specified on the cited pages.
- Defences and discretionary relief: permits, variances, reasonable-excuse defenses, or temporary waivers may apply depending on the ordinance language and local permitting procedures.
Applications & Forms
No form is required to invoke a severability clause itself; actions that follow (permits, appeals, variance requests) use forms published by the enforcing department or municipal court. Specific forms for permit or appeal filings are provided by the relevant department and are not consolidated on the severability clause page.[1]
Common violations and typical steps
- Nuisance or property maintenance violations: typically handled by Code Compliance with orders to abate and possible fines.
- Building without a permit: stopped by Building Inspections; may require retroactive permits, penalties, and corrective work.
- Parking or traffic-related city ordinances: enforced by Police or Parking Services with tickets or tow actions as provided by ordinance.
FAQ
- What is a severability clause?
- A severability clause is a statement in an ordinance that directs courts and officials to preserve the remaining law if some provision is invalidated.
- Does severability change penalties?
- No; severability itself does not change penalties. Penalties remain as written in each ordinance section; amounts and escalation rules vary by ordinance and are not specified on the severability page.[1]
- Who enforces Garland ordinances and where do I report a violation?
- Enforcement depends on the subject: Code Compliance handles property and nuisance issues, Building Inspections handles construction and permit matters, and the Police handle safety and traffic offenses. Report local code violations via the City of Garland Code Compliance contact page.[2]
How-To
- Identify the exact ordinance section at issue by consulting the City of Garland Code of Ordinances.[1]
- Contact the enforcing department (Code Compliance, Building Inspections, or Police) to confirm applicable procedures and forms.[2]
- File any required administrative appeal, variance, or permit application using the department's official form and follow published deadlines.
- If administrative remedies are exhausted, consider judicial review in the appropriate court; consult the municipal court or a licensed attorney for court filing rules and timelines.
Key Takeaways
- Severability preserves the remainder of an ordinance when part is invalidated.
- Enforcement and penalties depend on the specific ordinance and enforcing department.
- Check the City of Garland Code and contact the relevant department early when challenging or applying for relief.
Help and Support / Resources
- City of Garland Code of Ordinances (Municode)
- Garland Code Compliance Department
- Garland Building Safety / Inspections
- Garland Municipal Court