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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle A. SANITATION |
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Chapter 343. ABATEMENT OF PUBLIC NUISANCES |
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Subchapter C. COUNTY AUTHORITY RELATING TO NUISANCE |
Sec. 343.022. ABATEMENT PROCEDURES
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A person authorized by the person administering the abatement program may administer:
(1) the prohibition or control of access to the premises to prevent a violation of Section 343.011(c)(1), (6), (9), or (10);
(2) the removal or demolition of the nuisance; and
(3) the abatement of a nuisance described by Section 343.011(c)(12).
(b) The abatement procedures must require that written notice be given to:
(1) the owner, lessee, occupant, agent, or person in charge of the premises; and
(2) the person responsible for causing a public nuisance on the premises when:
(A) that person is not the owner, lessee, occupant, agent, or person in charge of the premises; and
(B) the person responsible can be identified.
(c) The notice must state:
(1) the specific condition that constitutes a nuisance;
(2) that the person receiving notice shall abate the nuisance before the:
(A) 31st day after the date on which the notice is served, if the person has not previously received a notice regarding a nuisance on the premises; or
(B) 10th business day after the date on which the notice is served, if the person has previously received a notice regarding a nuisance on the premises;
(3) that failure to abate the nuisance may result in:
(A) abatement by the county;
(B) assessment of costs to the person responsible for causing the nuisance when that person can be identified; and
(C) a lien against the property on which the nuisance exists, if the person responsible for causing the nuisance has an interest in the property;
(4) that the county may prohibit or control access to the premises to prevent a continued or future nuisance described by Section 343.011(c)(1), (6), (9), or (10); and
(5) that the person receiving notice is entitled to submit a written request for a hearing before the:
(A) 31st day after the date on which the notice is served, if the person has not previously received a notice regarding a nuisance on the premises; or
(B) 10th business day after the date on which the notice is served, if the person has previously received a notice regarding a nuisance on the premises.
(d) The notice must be given:
(1) by service in person or by registered or certified mail, return receipt requested; or
(2) if personal service cannot be obtained or the address of the person to be notified is unknown, by posting a copy of the notice on the premises on which the nuisance exists and by publishing the notice in a newspaper with general circulation in the county two times within 10 consecutive days.
(e) Except as provided in Subsection (f), the abatement procedures must require a hearing before the county abates the nuisance if a hearing is requested. The hearing may be conducted before the commissioners court or any board, commission, or official designated by the commissioners court. The commissioners court may designate a board, commission, or official to conduct each hearing.
(f) A county may, before conducting a hearing, abate a nuisance under Section 343.011(c)(6) by prohibiting or controlling access to the premises on which the nuisance is located and installing a cover that cannot be opened by a child over the entire swimming pool, but only if the county conducts a hearing otherwise in accordance with Subsection (e) after the nuisance is abated.