| Purpose |
To
force the abatement of
certain public health
nuisances outside cities |
| Applicable In |
Unincorporated
areas of the state only
(not in cities) |
| Venue |
"A
court of competent
jurisdiction in the county
may issue an order
necessary to enforce this
chapter." Section
343.025 |
| Criminal
Penalties |
a. Violator
given statutory 30 days to
abate nuisance by officer;
b. 1st conviction:
$50 to $200 fine by JP or
Municipal Court;
c. Subsequent
conviction at any time in
the future: $220 to $1,000
fine and/or up to 180
days in jail;
d. Court shall order
abatement of the nuisance
upon conviction. |
| Civil
Penalties |
a. No
specific civil penalties
described in statute;
b. The general civil
penalty powers established
for governments dealing
with environmental statute
violations (i.e., Texas
Water Code Section 7.102)
apparently includes
violations of H&S 343
in that list of statutes
the violation of which
subjects the violator to
civil penalties of $50 to
$25,000 per day;
c. The county may
abate the nuisance itself
and place liens on the
property, provided that
the county has adopted and
follows appropriate
procedural rules described
in Section 343.022 |
| Of
Interest |
a. Each
day of a continuing
nuisance is a separate
offense;
b. Time to
abate after receiving
formal notice is 30 days
as provided by statute;
c. Directly
enforceable by any peace
officer or public health
officer;
d. Counties may abate
a nuisance itself if the
property possessor won't,
provided that the county
follows procedures under
Section 343.022;
e. County officers have
very broad rights to enter
property under Section
343.024. Avoid the
temptation to use this
provision to avoid having
to get a search warrant
for entry to enforce
criminal law. discuss this
provision with your
prosecutor before using
it;
|
| Evaluation |
a.
Can be effectively used to
clean rural areas and
sub-divisions;
b. Most counties do not
have approved (by
commissioners court)
abatement procedures and
are consequently
needlessly foregoing
having Section 343.022
abatement rights ready to
exercise if need be;
c. The citizen suit
provisions in Section
343.013(b) may be used by
homeowner association to
clean rural subdivisions.
|