Nuisance Abatement Manual - 2005 - Texas Attorney General

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SUMMARY Which statutes are considered the “Texas Nuisance Abatement Statutes”? • Chapter 125 of the Texas Civil Practice & Remedies Code • Section 101.70 of the Texas Alcoholic Beverage Code What kind of illegal activity can be addressed by the nuisance abatement statutes? • Prostitution • Obscenity • Gambling • Organized criminal activity • Delivery, possession, manufacture or use of a controlled substance • Discharge of a firearm • Alcohol violations What kind of illegal activity can the nuisance abatement statutes address on a multi-unit residential property located in a municipality? • Prostitution • Obscenity • Gambling • Organized criminal activity • Delivery, possession, manufacture or use of a controlled substance • Discharge of a firearm • Alcohol violations • Aggravated assault • Sexual assault • Aggravated sexual assault • Robbery • Aggravated robbery • Unlawfully carrying a weapon • Murder • Capital murder What type of property can be closed? Any place in the State of Texas that is causing a nuisance as defined by the nuisance abatement statutes. • Businesses of all kinds • Private residences • Apartments • Motels • Convenience stores • Any type of property Nuisance Abatement Manual 2005 Fourteenth Edition 3 Office of the Attorney General Criminal Law Enforcement Division
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 defendant can post a penal surety or cash bond of $10,000 for a common nuisance. • 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. For the definition of a common nuisance as defined by Section 101.70 of the Texas Alcoholic Beverage Code, see Attachment B. 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, the defendant is subject to the following: • Loss of bond through forfeiture • Property closure for up to one year • 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 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 Nuisance Abatement Manual 2005 Fourteenth Edition 4 Office of the Attorney General Criminal Law Enforcement Division
Page 1 and 2: nuisance abatement MANUAL Fourteent
Page 4: TEXAS ATTORNEY GENERAL’S NUISANCE
Page 7: Once a property is determined to be
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
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Tri-State Motel April 28, 2005 Page
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COUNTY OF TARRANT § § FORT WORTH,
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5. High intensity lighting should b
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Nuisance Abatement Manual 2005 Four
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Nuisance Abatement Manual - 2005 - Texas Attorney General

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