Nuisance Abatement Manual - 2005 - Texas Attorney General

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GUIDELINES OF OPERATION THE FOLLOWING ARE RECOMMENDED GUIDELINES WHICH THE STATE OF TEXAS SUGGEST TO MANAGERS AND OWNERS OF BUSINESSES AROUND THE STATE. THESE GUIDELINES ARE ONLY SUGGESTIONS THAT MAY HELP IN THE REDUCTION OF CRIMINAL ACTIVITY ON YOUR PREMISES, HOWEVER, THESE GUIDELINES ARE NOT EXCLUSIVE OF OTHER GUIDELINES OR REMEDIES THAT MAY HELP TO ELIMINATE ANY ILLEGAL ACTIVITY ON YOUR PREMISES. THESE GUIDELINES ARE IN NO WAY INTENDED TO BE USED TO ENCOURAGE DISCRIMINATION TOWARD ANY PERSON. THE STATE OF TEXAS ENCOURAGES PROPERTY OWNERS TO FOLLOW NONDISCRIMINATORY PRACTICES, ALL APPLICABLE LAWS, AND PROPER LEGAL AND JUDICIAL PROCEDURES WHEN DEALING WITH THE PUBLIC. 1. The property owners and managers should support all efforts to stop all illegal activities that occur on their premises by calling 911 when the managers or employees observe or suspect illegal activities occurring on their premises. 2. The property owners should post at least (3) three large signs in visible and conspicuous locations around the outside of the premises. The signs should read as follows: NO LOITERING, NO WEAPONS, NO CONSUMPTION OF ALCOHOL, AND NO CRIMINAL ACTIVITY WILL BE TOLERATED. and THE FORT WORTH POLICE DEPARTMENT MAKES REGULAR AND FREQUENT PATROLS OF THIS PREMISES. 3. The following are suggested grounds for the immediate issuance of trespass warnings and the expulsion of any person. If an individual: a. commits a violation of Texas law; b. commits a violation of the Texas Controlled Substance Act; c. commits a violation of the Texas Alcoholic Beverage Code; or d. commits a violation of the Texas Penal Code. 4. The property owners and managers should contact the Fort Worth Police Department when an individual is trespassing to issue a trespass warning and, upon a second warning, an arrest for trespassing. Nuisance Abatement Manual 2005 Fourteenth Edition 57 Office of the Attorney General Criminal Law Enforcement Division
5. High intensity lighting should be installed on the exterior of the Comfort Motel, particularly in the parking lot and the front and rear areas of the building. Also, the property owners should immediately replace any burned-out, worn or damaged lighting. 6. The property owners and managers should cooperate with the Fort Worth Police Department by reporting all incidents of criminal activity promptly, which includes the notification through detailed written reports. 7. The property owners should comply with all city code requirements and bring said buildings into code compliance within a reasonable time frame, if the building is not currently in compliance. 8. The property owners and managers should implement reasonable means of security, which could include but is not limited to: a. maintaining a secure fence around the premises of the property; and b. obtaining some form of manned security on the property, such as state-commissioned peace officers to patrol the property. 9. Persons wishing to patronize said premises should present a valid Texas Drivers License or a Texas Department of Public Safety Official Identification Card. Paper IDs without a picture will not be accepted. RECORDED ON THIS THE 1ST DAY OF JANUARY, 2003. INDIVIDUALS IN ATTENDANCE AT THE MEETING: NAME OF OWNER NAME OF ESTABLISHMENT OFFICER JOHN DOE FORT WORTH POLICE DEPARTMENT ASSISTANT ATTORNEY GENERAL JANE DOE OFFICE OF THE ATTORNEY GENERAL Nuisance Abatement Manual 2005 Fourteenth Edition 58 Office of the Attorney General Criminal Law Enforcement Division
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nuisance abatement MANUAL Fourteent
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TEXAS ATTORNEY GENERAL’S NUISANCE
Page 7 and 8:
Once a property is determined to be
Page 9 and 10:
Who can be sued? • Owner(s) of re
Page 11 and 12: GANG ABATEMENT Street gangs have be
Page 13 and 14: TARGETING A NUISANCE LOCATION The f
Page 15 and 16: INVESTIGATION Most of the evidence
Page 17 and 18: cases in one section, assault cases
Page 19 and 20: her, we can request that the court
Page 21 and 22: • Restaurant & Food Business •
Page 23 and 24: MEETING AND/OR LAWSUIT Insufficient
Page 25 and 26: PLAN FOR PROPERTY CLOSURE Are there
Page 27 and 28: LARGE CITIES NO. OF CASES INVESTIGA
Page 29 and 30: Bacliff . . . . . . . . . . . . . .
Page 31 and 32: TEXAS CIVIL PRACTICE AND REMEDIES C
Page 33 and 34: (F) unlawfully carrying a weapon as
Page 35 and 36: 125.044. Findings subject of the co
Page 37 and 38: (3) make or have made any repairs n
Page 39 and 40: (i) causes a pecuniary loss of $500
Page 41 and 42: 125.069. Use of Place; Evidence In
Page 43 and 44: § 101.70. Common Nuisance (a) A ro
Page 45 and 46: I. Owners: a. Name of Owner 1000 Ca
Page 47 and 48: SUMMARY OF ILLEGAL ACTIVITY: EXAMPL
Page 49 and 50: Nuisance Abatement Manual 2005 Four
Page 57 and 58: SECTION D NOTIFICATION LETTER Nuisa
Page 59 and 60: Tri-State Motel April 28, 2005 Page
Page 61: COUNTY OF TARRANT § § FORT WORTH,
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