The Texas Nuisance Abatement form is integral to executing Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code, targeting properties involved in illegal activities. It's designed to help law enforcement agencies, with the support of the Office of the Attorney General, close down properties that contribute to or allow activities deemed a public or common nuisance under Texas law. For those facing or affected by property-related nuisances, filling out the Texas Nuisance Abatement form is a critical first step in initiating legal action to mitigate these issues.
The Texas Nuisance Abatement form forms a cornerstone of the state's legal framework, designed to combat illegal activities on properties across Texas. Invoking the robust measures provided by Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code, it equips law enforcement agencies with the authority to shutter establishments or residences caught in the web of illicit conduct. These statutes, serving as the bedrock for nuisance abatement endeavors, empower municipal courts, local prosecutors, and an array of law enforcement personnel to initiate actions against property owners who turn a blind eye to or directly engage in fostering environments where public and common nuisances thrive. Comprehensive in its scope, the nuisance abatement process is meticulously outlined, encompassing gang abatement strategies, the meticulous targeting, and investigation of properties, and the legal scaffolding required to bring about the cessation of nuisance-related activities. Supported by a robust legal apparatus, the Office of the Attorney General (OAG) plays a pivotal role in guiding and assisting in the enforcement of these statutes, thereby enabling law enforcement officers to reclaim spaces overrun by criminality, paving the way for neighborhood revitalization and a return to public safety and order. Through both legal proceedings and voluntary compliance, this form and the procedures it encapsulates aim not only to cease current nuisances but to deter potential offenders, thereby instigating a broader impact on community well-being and safety.
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Table of Contents
Introduction
1
Summary
2
Gang Abatement
4
Targeting a Nuisance Location
5
Investigation
Case File Checklist
9
Meeting and/or Lawsuit
10
Plan for Property Closure
11
Texas Civil Practice and Remedies Code
12
Texas Alcoholic Beverage Code
24
A. Summary of Illegal Activity
25
B. Notification Letter
27
Guidelines of Operation
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Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code are considered the “Texas Nuisance Abatement Statutes.” These statutes permit law enforcement agencies to close any piece of property involved in illegal activities, including violations of the Texas Penal Code, the Texas Alcoholic Beverage Code and the Texas Controlled Substances Act.
The Office of the Attorney General (OAG) helps Texas municipalities, local prosecutors and law enforcement agencies (including police departments, sheriff offices, task forces, the Texas Alcoholic Beverage Commission and even federal agencies such as Border Patrol) in targeting, processing and filing suit against property owners who allow public and common nuisances to exist on their property. The purpose of a nuisance abatement lawsuit is not to show or prove that the property owner is guilty of illegal acts, but rather to prove that the property owner allowed the illegal activity to occur on the property or failed to make reasonable attempts to stop it.
Many police departments have become skilled at this procedure and have great success on their own. When local law enforcement lacks the resources or experience in such cases, the OAG will send staff when requested to any area of the state to provide technical assistance in initiating the nuisance abatement process. Evidence will be compiled and sent to the OAG for review. Arrest reports, calls for police service and search warrants contained in local departmental records, as well as police officers’ and residents’ affidavits, are all used in this process. When the OAG determines that sufficient evidence exists, a lawsuit will be filed on behalf of the state. The OAG will provide legal representation for the duration of the lawsuit.
Once a property is determined to be a common nuisance, and after a successful suit, it is closed for a period of one year.1 During the pendency of the lawsuit, a temporary injunction can be requested requiring the posting of a bond by the owner to keep the property open pending final resolution of the lawsuit. If a public nuisance is found to exist due to gang activity, civil fines and jail terms for contempt of court may be imposed on those who violate the court orders.
In many instances, actual litigation is not required. When faced with the loss of income from closure, bonds adding up to thousands of dollars and the threat of forfeiture of those bonds, many owners enter into a voluntary abatement of the nuisance.
The nuisance laws can have a positive effect on locations that law enforcement agencies have spent many man-hours policing. In addition, law enforcement agencies may see large monetary savings by reducing the need to respond to these locations in the future. In several instances, businesses that have permitted illegal activity for years have been successfully closed, reducing the burden on law enforcement as well as on the immediate community.
By denying criminal offenders the use of real property as a base of operations, and by securing the property owner’s cooperation in the removal of criminal offenders, neighborhood revitalization can become a reality. Our goal at the OAG is not to abandon other conventional
1Prior to 2007, a property owner could post a penal bond to keep the property open. This provision has been removed requiring automatic closure of the property found to be a nuisance.
2011 Nuisance Abatement Manual • Office of the Attorney General
methods of law enforcement at these nuisance sites, but to supplement these efforts by providing an additional tool to address illegal activity in Texas communities.
Which statutes are considered the “Texas Nuisance Abatement Statutes”?
Chapter 125 of the Texas Civil Practice & Remedies Code (CPRC)
Section 101.70 of the Texas Alcoholic Beverage Code (TABC)
Are there different kinds of nuisances addressed by the statutes?
Yes. Two kinds of nuisances are addressed:
Common (Subchapters A & C of Chapter 125 CPRC and Section 101.70 TABC)
Public (Subchapter D of Chapter 125 CPRC)
What kind of illegal activity can be addressed by the nuisance abatement statutes?
Prostitution
Obscenity
Gambling
Engaging in organized criminal activity
Delivery, possession, manufacture or use of a controlled substance
Discharge of a firearm in a public place
Reckless discharge of a firearm
Commercial manufacture, distribution or exhibition of obscene material
Aggravated assault or sexual assault
Robbery
Unlawful carrying of weapons
Murder
Continuous sexual abuse of a child
Massage therapy or services in violation of Occupations Code
Alcohol violations
Gang activity
Do apartments and motels qualify for nuisance abatement?
Yes. These are defined as multi unit residential properties under the code and are subject to nuisance abatement. These properties can also be subject to the imposition of a receiver to manage the property once a common nuisance is found to exist at the property.
What types of property can be closed?
Any place in the State of Texas that is causing a nuisance as defined by the nuisance abatement statutes can be closed:
Businesses of all kinds
Private residences
Apartments
Motels
Convenience stores
Any other type of location
Who can be sued?
Owner(s) of real property
Owner(s) of the business
Lessee/renter of the property
Manager of the property
Management company
The real property itself (in rem suit)
Any combination of the above
How long will the property be closed if the lawsuit goes to trial and it is determined that the property is a nuisance?
Under Chapter 125 of the Texas Civil Practice & Remedies Code, the property must be closed for a period of one year.
Under Section 101.70 of the Texas Alcoholic Beverage Code, the property must be closed for a period of up to one year.
What can the owner do to prevent the property from being closed once a judgment is entered to close the property?
Under Chapter 125 of the Texas Civil Practice & Remedies Code, the property must be closed for one year unless it is a multi unit residential property and the court has ordered a receivership in lieu of closure.
Under Section 101.70 of the Texas Alcoholic Beverage Code, the defendant can post a penal surety or cash bond of at least $1,000 for a common nuisance.
What is the standard for proving that a common nuisance exists?
Under Chapter 125 CPRC, must show that people habitually go to the subject property to commit any of the listed crimes (except the alcohol and gang crimes).
Under Section 101.70 TABC, must show that it is a place where alcoholic beverages are sold, bartered, manufactured, stored, possessed, or consumed in violation of the Alcoholic Beverage Code or under circumstances contrary to the purposes of the code.
What happens if the defendant fails to post a bond and/or violates a temporary or permanent injunctive order and the illegal activities continue to take place on the property?
For a common nuisance under Section 101.70 TABC, the defendant is subject to the following:
Loss of bond through forfeiture
Property closure for up to one year
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For a public nuisance (gang abatement), the defendant is subject to the following sentences for civil contempt:
Fine of not less than $1,000 nor more than $10,000
Confinement in jail for a term of not less than 10 nor more than 30 days
Both fine and confinement
Does the case always go to trial?
No.
A notification letter is sent to potentially cooperative property owners requesting a meeting to discuss the illegal activities that are occurring on their property. Operation guidelines to reduce illegal activities on the property will be discussed at the meeting. If the owner agrees to address the concerns of the referring agency and implement the suggestions discussed at the meeting and the referring agency observes improvement, a lawsuit is not filed. The property will be monitored for compliance.
If a lawsuit is filed, the parties may enter into an Agreed Final Judgment. The conditions of operation, amount of the bond to be posted, fees and property improvements are negotiated and incorporated into the agreement. The property is then closely monitored.
Street gangs have become a problem in smaller towns as well as the larger cities in Texas. Regardless of the town size, the nuisance abatement statutes can help address gang problems. Under Subchapter D of Chapter 125 of the Texas Civil Practice & Remedies Code, both the gang itself and the places used by the gang to conduct criminal activities can be declared public nuisances.
The nuisance abatement statutes can be useful additions to the various methods law enforcement applies to stem the tide of gang activity. Removing the availability of places for gangs to gather can be very effective in disrupting the gang culture, thus making their activities less organized and more manageable for law enforcement.
A nuisance suit under this subchapter can be brought against the person who owns the property in question, the gang member(s) or both. In a successful suit, the court can enjoin the gang member(s) from engaging in criminal activity and can issue appropriate orders to prevent the continued use of the property for organized criminal activity. Any violations of these court orders can result in civil contempt charges for the offending defendant that can include fines and/or jail time. Additionally, violation of the court order can impose criminal liability under §71.021 of the Penal Code.
Examples of the types of remedies the court can impose on gang members and locations:
The identification and delineation of “safety zones,” which typically reflect the geographic area in which the gang conducts its criminal activities.
The imposition of curfews on identified gang members, making it illegal for them to be seen in public within the safety zone after a certain time of night.
The enforcement of non-association orders which prevent identified gang members from associating in public with other gang members identified in the lawsuit.
The first step is to determine whether the illegal activity at the targeted property constitutes a common or public nuisance as defined in the nuisance abatement statutes. A nuisance abatement action should be considered and an investigation should be initiated if the answers to the following questions are “yes:”
Is the property used for committing the acts listed above?
Is there a history of arrests for one or more of these illegal activities at the property?
Will these illegal activities continue if legal action is not taken?
Does the property have a reputation as a place to frequent for one or more of these illegal activities?
Have the lives or businesses of people in the area surrounding the property suffered or been adversely affected by these illegal activities?
For the definitions of a common and public nuisance as defined by Chapter 125 of the Texas Civil Practice & Remedies Code, see Attachment A. For the definition of a common nuisance as defined by Section 101.70 of the Texas Alcoholic Beverage Code, see Attachment B.
Most of the evidence needed to support the initiation of a nuisance abatement proceeding is contained in local law enforcement records. The evidence must be fully documented because it may be used in a court of law and discovered by the defendant. The most important evidence is that which shows that the property is a place to which persons habitually go for the purpose of those illegal activities addressed by the Texas Nuisance Abatement Statutes. This evidence can be obtained from arrest reports, citations, search warrants, incident reports, intelligence reports, complaints and calls for police service at the property. Any documentation that can be compiled indicating illegal activity on the property for a two- to three-year time period may be used as evidence. If the investigation shows that an inordinate number of calls for police service have been made and six or more arrests for the same type of illegal activity have occurred in the last six months to a year, this may be indicate a good nuisance abatement case. However, the case must be submitted to the OAG for a more definite determination to be made.
Offense reports must establish the habitual use of the property for illegal activities. It is important that the offense reports indicate that the illegal activity occurred, began or ended on the targeted property or immediately adjacent to it. In other words, the crime must be firmly associated with the target property. The reports must identify the property and be specific in the narrative as to the connection between the crime and the property. For example, to state that a prostitute or drug dealer was observed “coming out of or going into the establishment or parking lot of the property” or that the “criminal activity occurred in the establishment or on the parking
lot of the property,” clearly connects the crime to the property. Stating that the prostitute or drug dealer was observed “on the street or roadway in front of the establishment” does not necessarily connect the crime to the property.
Site visits and/or surveillance of the property should be conducted to evaluate the physical appearance of the property and to observe the nature of the illegal activities occurring on the property. The site visits will also serve to corroborate (or refute) complaints concerning the property. If code violations of any kind are observed, representatives from any other applicable agency should be contacted to determine if a formal inspection of the property would be in order.
During the investigation, compile a case file that consists of the sections mentioned below with the described information included. Many departments have an automated database that will provide statistical information.
Summary of Illegal Activity. A general summary of the events occurring on the property and any pertinent information related to the investigation. Provide a list of all officers who have conducted investigations on the property and those officers who have made arrests on the property. Also, provide a list and give statistical data on calls for police service, general complaint citations and offense reports generated on the subject property. See Attachment A for an example of a summary of illegal activity.
Property and Property Owner Information. The legal owner of the real property must be identified by obtaining a certified copy of the recorded deed (Warranty Deed or Deed of Trust) from the county clerk’s office or a title agency. The deed will not only provide the name of the owner(s) of the real property, but it will also provide the legal description of the property. The owner(s) of the real property must not be confused with the owner of a business that may be located on the property. The legal owner may be an individual, a group of individuals (joint venture or partnership), or a corporation. Any other information that can be obtained regarding the property owner(s) may be added to this section. For example, if the owner owns any other property or businesses, or if he has a record of any kind, this information can be included. This section may also include the names, addresses, telephone numbers, driver license numbers, photographs and criminal histories of owners, managers, employees, agents or persons who may be directly involved with the ownership or management of the property.
Correspondence, Documents and Notes. Copies are needed of any correspondence, documents, notes or memos regarding the subject property. Copies of all communications between the property owner, employees, managers or any other people who have personal knowledge of the property should be included in this section. All registered or certified mail return receipts of correspondence and all documents evidencing an informal meeting with the property owner should be in this section. This will show the court that your law enforcement agency and the OAG have attempted to obtain the property owner’s cooperation to address the illegal activity before filing suit in the case.
Calls for Service Summary. Statistical information showing the total number of calls made to the property for any reason. This can help show how much more activity is reported and documented at the property in comparison to other similar properties. This
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can help show the court how much of a burden a particular property is on the resources of the referring agency.
Offense Reports. Copies of all arrest reports generated on the property for the last three years. Please provide a subsection for each category of offense that has occurred on the property. For example, place copies of all the arrest reports for narcotic violations in one section, alcohol violations in one section, prostitution cases in one section, assault cases in one section, etc. While the property is under investigation, all arresting officers should provide written narratives for each arrest report. It is important that the prosecuting attorney be provided with all pertinent arrest reports up to the date of the court hearing, as the nuisance will have to be proven to be ongoing. If there are additional reports that can be obtained from other agencies with jurisdiction over the crime(s) involved (ex. DEA, FBI, etc.), those reports or information should be obtained and included, if possible.
Final Dispositions. Copies of all final dispositions or pending actions against any person arrested on the property for any of the illegal activities addressed by the statutes during a three-year period. Convictions of arrested persons and pending actions will support the allegation that the owner knew the illegal activity was occurring on the property.
Search Warrants. Copies of all search warrants served at the property, search warrant returns, and all arrest reports related to the search warrants should be included in this section. The probable cause articulated in the search warrants may contain additional information that will aid in the prosecution of the case.
Arrest Warrants. Generate a summary of all active arrest warrants for persons who listed the subject property as their residence. This will identify individuals who have no legal relationship to the property yet claim it as their residence, or it may identify individuals who may be contributing to the problems on the property.
Officer Declarations. Officer declarations should be obtained from every officer currently patrolling the neighborhood where the property is located and from those who have previously patrolled the neighborhood. Officer declarations should also be obtained from every officer who has made an arrest, assisted on calls for police service or conducted investigations on the property. The declaration should state any observations of illegal activity, the officer’s involvement with the property, the property’s reputation and the officer’s professional opinion of the property and general knowledge of the history and reputation of the property. This can be done in affidavit or memorandum form.
Citizen Declarations. Citizens living in the vicinity of the property or persons associated with the property can provide helpful information regarding the illegal activities occurring on the property. Written statements in the form of letters, affidavits or declarations from citizens can be persuasive evidence. If a citizen is threatened by anyone, or if an act of violence has been committed against him or her, a request can be made for the court to order that any personal information obtained remain confidential.
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Declarations or Affidavits from Interviews. Interviews conducted with citizens, informants and suspects will be very helpful to the case. They can aid in proving that the property has a reputation for illegal activities and can shed some light on other aspects of the property’s history, such as who frequents the property, the types of concerns that they have with the property, what they have observed at the property, how the property is maintained, how the illegal activity adversely affects your law enforcement agency, etc. Each statement should be documented, signed and notarized; in other words, it should be a written statement in the form of a signed declaration or affidavit.
Regulatory Agency Inspections. All documents regarding investigations or inspections by regulatory agencies should be included in this section. Please provide a subsection for each applicable regulatory agency. The governing agency should coordinate its efforts with inspectors and investigators of regulatory agencies – this will not only benefit the case by providing additional evidence, but may also improve the property and help revitalize a deteriorating neighborhood. The property owners may make necessary improvements when they are issued citations for code violations. Since most illegal activities gravitate to neighborhoods that are poorly lit and maintained, such improvements may discourage illegal activity from occurring. Once you have contacted the regulatory agency and citations for code violations have been issued, you must keep communicating with the agency regarding the status and progress of the code violations. Regulatory agencies may differ in each city or county. Below is a list of the types of inspections that may be relevant to your jurisdiction. Telephone numbers can be found in the blue city or county government pages of your local telephone directory.
Building (planning and development)
Fire Marshal
Noise Pollution
Housing Code Enforcement
Restaurant & Food Business
County Health Department Services
County Environmental Health Services
Texas Alcoholic Beverage Commission
County Sheriff’s Office
Videotapes and Photographs. Videotapes and photographs of illegal and/or disruptive activity on the property make excellent evidence. This evidence will provide demonstrative proof of how the property is maintained and how it is a nuisance to the neighborhood.
General Complaint Citations. Copies of all general complaint citations that have been issued on the property for the last three years or for whatever period the property has been operating.
Miscellaneous. Items in this section should include information that may not be categorized in any other section of the notebook, but that will be helpful or relevant in prosecuting the case.
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Before embarking on the process of filling out a Texas Nuisance Abatement form, it's essential to understand what's ahead. The form is part of a procedure that helps local authorities address properties involved in illegal activities, using Texas statutes as a legal foundation. Authorities, with assistance from the Office of the Attorney General (OAG) if needed, compile evidence against properties where nuisances occur. This could lead to legal action aimed at abating these nuisances. The ultimate goal isn't just about closing down properties but ensuring neighborhoods are safe and free from illegal activities. Moving forward with filling out this form, remember you're taking a step towards improving community safety and quality of life.
Filling out the Texas Nuisance Abatement form is a significant step in remedying locations plagued by illegal activities. It not only requires careful preparation and documentation but also a comprehensive understanding of the legal framework provided by the Texas statutes. Authorities, property owners, and communities all play crucial roles in this process aiming to enhance the safety and well-being of neighborhoods across Texas.
The Texas Nuisance Abatement Statutes include Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code. These laws allow for the closure of properties involved in illegal activities, including violations of the Texas Penal Code, the Texas Alcoholic Beverage Code, and the Texas Controlled Substances Act.
There are two types of nuisances recognized:
Yes, both apartments and motels can qualify for nuisance abatement actions. They are considered multi-unit residential properties and are subject to these laws, including the possible appointment of a receiver to manage the property when a common nuisance is identified.
When a property is determined to be a nuisance, the following steps may be taken:
A nuisance abatement lawsuit can be filed against:
If the lawsuit is successful and the property is declared a nuisance, it is subject to closure for up to a year. Alternatively, if it's a multi-unit residential property, a receivership might be ordered by the court instead of closure. Additionally, a defendant can prevent closure by posting a financial bond of at least $1,000 for a common nuisance under the Texas Alcoholic Beverage Code.
Not providing specific details of illegal activities: When filling out the Texas Nuisance Abatement form, some people make the mistake of being too vague about the illegal activities occurring on the property. It's important to include specific details, such as dates and types of illegal actions (e.g., gambling, drug use, violence), to clearly demonstrate the property is a nuisance.
Failing to include evidence: A crucial mistake is not attaching or listing available evidence supporting the claim that the property is involved in nuisance activities. Relevant evidence might include police reports, affidavits from witnesses or residents, photos or videos of the illegal behavior, or records of repeated complaints to law enforcement.
Omitting owner or property manager details: Some people forget to provide comprehensive information about the property owner, business owner, lessee/renter, or property manager being reported. It's vital to include full names, contact information, and any known relationships between the operators and the property to ensure proper action can be taken.
Incorrect categorization of the nuisance: Often, the form is filled out without correctly identifying the type of nuisance according to the Texas Nuisance Abatement Statutes. The nuisance could be categorized under common or public nuisances, based on the nature and extent of the illegal activity. Accurately identifying the nuisance type is essential for the processing of the form and potential legal action.
By avoiding these common mistakes, individuals and law enforcement agencies can strengthen their nuisance abatement cases, leading to more effective responses and remediation efforts against properties involved in illegal activities.
When dealing with nuisance abatement in Texas, it's crucial to understand the process involves more than just filing a single form. It's a multifaceted legal process aimed at stopping illegal activities on properties, requiring a range of documents and forms to effectively navigate and complete the proceedings. Here is a list of documents often used in conjunction with the Texas Nuisance Abatement form, providing a clearer picture of the legal journey from identifying a nuisance to achieving its abatement.
Understanding each document's role helps navigate the legal process of nuisance abatement effectively. The aim is not just to penalize property owners but to cease illegal activities and, ultimately, foster safer, healthier communities. As such, the nuisance abatement process requires careful, coordinated efforts between law enforcement, legal teams, and the community, supported by thorough documentation and adherence to the legal process.
The Texas Nuisance Abatement form shares similarities with Cease and Desist Letters due to their preventative nature in addressing violations. Cease and Desist Letters serve as a warning to an individual or entity to stop an alleged illegal activity before legal action is pursued, focusing on immediate cessation of the activity. Similarly, the Texas Nuisance Abatement form is utilized to address properties involved in illegal activities, aiming to halt these activities through legal actions if necessary. Both documents are proactive measures seeking to prevent continuation of the offending behavior, albeit in slightly different contexts.
Another document resembling the Texas Nuisance Abatement form is the Eviction Notice, specifically in the context of addressing violations at rental properties. While eviction notices often pertain to lease violations such as non-payment of rent or breach of lease terms, nuisance abatement targets illegal activities on the property. Despite these differences, both documents initiate a legal process to rectify a situation deemed unacceptable by the property owner or authorities, with the ultimate goal of removing the cause of the violation from the property.
The Temporary Restraining Order (TRO) also parallels the Texas Nuisance Abatement form's objectives. A TRO is sought to provide immediate relief from harm by temporarily halting the defendant's harmful actions until a more permanent solution can be established through a court order. In nuisance abatement, a temporary injunction can be requested to prevent further illegal activities at the property while the case is ongoing. Both mechanisms serve as interim solutions aimed at preventing harm or illegal activities until a lasting resolution can be determined through legal proceedings.
The Property Lien Notice shares similarities with the Texas Nuisance Abatement form in terms of being legal tools that can impact property due to violations. Property liens are used as a security interest against a property until a debt or obligation is satisfied, typically arising from financial or contractual disputes. In contrast, nuisance abatement can lead to the closure of a property due to illegal activities. While the reasons for their application differ, both documents indicate legal action affecting property rights and highlight the consequences of failing to comply with laws or agreements.
When dealing with the Texas Nuisance Abatement form, it's crucial to handle the process with precision and care. Paying attention to both what you should and shouldn't do can streamline the process and avoid unnecessary complications. Here are 10 essential tips to guide you:
Thoroughly read the guidelines provided in the Texas Nuisance Abatement Manual to understand the scope and purpose of the form.
Gather all necessary documents, such as arrest reports, calls for police service, search warrants, and affidavits, before beginning the form.
Clearly identify the type of nuisance being reported, distinguishing between common and public nuisances as defined in the statutes.
Be as specific as possible when describing the illegal activities, referring to the list of activities outlined in the nuisance abatement statutes.
Ensure all the property information is accurate, including the owner’s name, address, and any other relevant details about the location.
Double-check that all the contact information for the reporting party is correct to allow for smooth communication.
Include a detailed plan of action for the property closure, if applicable, outlining steps to address the nuisance effectively.
Sign and date the form, verifying that all the information provided is true and accurate to the best of your knowledge.
Keep a copy of the form and all supporting documents for your records.
If uncertainty arises, seek guidance from the Office of the Attorney General or a legal advisor to ensure compliance with Texas laws.
Don't skip any sections of the form; incomplete forms may lead to delays or rejection.
Don't use vague or ambiguous language when describing the nuisance or illegal activities.
Avoid making assumptions about the type of nuisance without consulting the Texas Nuisance Abatement Statutes for clarification.
Don't hesitate to provide supplementary evidence, but make sure it is directly relevant to the nuisance being reported.
Avoid guessing information about the property or owner; ensure all data is verified and correct.
Don't submit the form without reviewing it for errors or omissions; accuracy is crucial.
Do not overlook the requirement for a plan of action if seeking property closure or other specific remedies.
Avoid submitting outdated or irrelevant documents as part of your case file.
Don't forget to follow up on the submission, especially if you do not receive a timely response.
Avoid engaging in any actions that could further complicate or exacerbate the nuisance situation.
When it comes to addressing nuisances within communities, the Texas Nuisance Abatement statutes provide powerful tools. However, there are several misconceptions about how these laws work and what they involve. Here's a look at some common misunderstandings:
Understanding the nuances of the Texas Nuisance Abatement statutes is crucial for property owners, law enforcement, and communities. By dispelling these misconceptions, stakeholders can work together more effectively to address and prevent nuisances, ultimately making neighborhoods safer and more livable.
Texas Nuisance Abatement statutes, specifically Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code, are designed to assist law enforcement agencies in shutting down properties involved in illegal activities. The goal is not to prove the homeowner's guilt but to establish their allowance or failure to prevent these illicit activities on their property.
Property types ranging from businesses to apartments and motels can be closed if found to be a nuisance under these statutes. A wide variety of illegal activities can trigger this action, including but not limited to prostitution, gambling, drug-related offenses, and gang activity.
To initiate the nuisance abatement process, law enforcement agencies gather evidence such as arrest reports, calls for service, search warrants, and affidavits. This evidence is reviewed by the Office of the Attorney General (OAG), which can then file a lawsuit on behalf of the state.
A key component of these statutes is that they provide a mechanism for law enforcement to not only close down properties involved in illegal activities but also to possibly involve the property owner in addressing these issues. If a lawsuit goes to trial and the property is found to be a nuisance, it must be closed for a period of one year.
However, there are measures a property owner can take to prevent closure, such as posting a bond. Specifically, for common nuisances under Section 101.70 of the Texas Alcoholic Beverage Code, a penal surety or cash bond of at least $1,000 is required.
If the owner fails to post a bond or violates temporary or permanent injunctions and illegal activities continue, they may face loss of the bond through forfeiture and closure of the property for up to one year. This illustrates the significant consequences for not complying with court orders related to nuisance abatement.
Law enforcement agencies have found nuisance abatement laws to be beneficial, as they can significantly reduce the time and resources spent addressing crime at specific locations. Moreover, these actions can lead to the permanent closure of businesses that have been problematic for years, contributing positively to community safety and well-being.
In some cases, property owners may opt for a voluntary abatement agreement to avoid litigation, loss of income from closure, and the forfeiture of bonds. This shows the impact of the nuisance abatement process in encouraging property owners to take proactive measures against illegal activities on their premises.
Ultimately, the Texas Nuisance Abatement statutes serve as an effective tool for community revitalization by discouraging criminal activities on properties and urging property owners to maintain law-abiding establishments. The statutes offer a sophisticated approach to enhancing public safety and community well-being.
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