Nuisance Abatement Manual - 2005 - Texas Attorney General

TARGETING A NUISANCE LOCATION
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 answer to any of the
following questions is “yes”:
• Is the property used for prostitution; gambling; the discharge of a firearm;
organized criminal activity; the delivery, possession, manufacture or use of
controlled substances; obscenity; gang activity; or violations of the Texas
Alcoholic Beverage Code?
• Is a multi-unit residential property used for prostitution; gambling;
the discharge of a firearm; organized criminal activity; the delivery, possession,
manufacture or use of controlled substances; obscenity; aggravated assault;
sexual assault; aggravated sexual assault; robbery; aggravated robbery; unlawfully
carrying of a weapon; murder; capital murder; gang activity; or violations
of the Texas Alcoholic Beverage Code?
• 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?
Nuisance Abatement Manual
2005 Fourteenth Edition
8
Office of the Attorney General
Criminal Law Enforcement Division