Howdy Gang!

Got some questions for y'all regarding nuisance abatements. First the facts:

a) There is a dilapidated (sp?) building sitting on a sliver of land that our Environmental Control Officer (Garbage Cop) has been getting complaints about.

b) The ownership of this building and its land is in question. It was deeded over to a church "for as long as it is used for church business". The church is saying that the land/building is not theirs b/c they are not using it. The original grantors are disavowing owernship as well, saying its the church's problem.

Those are the facts, here are the questions:
1) Does a Criminal District Attorney's office have responsibility under Section 343 of the H&SC to even handle matters such as this?

2) If so, what steps do we need to undertake to get the ball rolling? We are newbies in this area, admittedly. You see, here in Polk County, everyone keeps thier property so nice and neat we never, ever have to file these cases against them. Yup, we take good care of ALL the cars sitting out in our lawns. Seriously, are there any reference books or other resources that y'all could point us to?

Any help would be greatly appreciated.

Best book around is John Ockels' "Local Control of Illegal Dumping, Texas 2002 Edition." E-mail him at jockels@msn.com, or call him H: 903-786-6259, O: 903-813-3530. If you call him, he'll discuss the question with you. He's with Texoma COG.

Yes your office does have responsiblity to act on complaints under HSC 343. However, 343 applies only in unincorporated areas of the county. Before the county steps in and abates the nuisance, the Court must adopt procedures to abate nuisances.

Ockels' notes:
1. time to abate nuisance after notice: 30 days
2. each of of a continuing violation is a separate offense
3. county officers have broad rights to enter properties under 343
4. 343.013(b) also allows for citizen suits by neighbors, etc.

I'm not an expert; I 've just talked to a few.

Mike

bullet 2 should have read "each DAY of a continuing violation is a separate offense."

Under HSC Sec. 343.012 an offense is not committed unless the nuisance remains unabated for 30 days following proper notice. I drew up a form notice for our Sheriff's office to use. If you would like a copy, e-mail me at sparks@intertex.net.

As to who you should warn in this case, good luck!

The AG's office has a division and a person who will help with such lawsuits. Go to:
http://www.oag.state.tx.us/criminal/maincrim.htm#nuisance

Thanks to everyone for the quick and helpful responses. I posted this topic on behalf of one of our other prosecutors. I think he will be following up on some of the links and resources y'all pointed us to.