COUNTY POWERS AND DUTIES - Texas Attorney General

Land Use Regulations
Health & Safety Code (cont.)
' 341.012
A county health authority may order a person to abate a public nuisance. If the
public nuisance is not abated within the time specified in the order, the local
prosecutor shall bring abatement proceedings or may ask the Attorney General to
institute the proceedings or to assist him or her in the proceedings.
' 341.092
A county may bring civil suit for civil penalties and/or injunctive relief for a
violation of Chapter 341 or a rule adopted under Chapter 341.
' 343.013
In the unincorporated area of a county, a county or person affected or to be affected
by a violation under Chapter 343 may bring a suit in county or district court for
injunctive relief to prevent, restrain, abate or otherwise remedy a violation of Chapter
343.
Also, a county may bring suit to prohibit or control access to property in order to
prevent continued violations of its public nuisance abatement orders for '
343.011(c)(1), (6), (9), or (10).
' 343.021
If a county adopts abatement procedures that are consistent with the general purpose
of and conform to Chapter 343, a county can abate a nuisance under Chapter 343 in
various ways depending on the type of nuisances that are defined in ' 343.011(c).
' 343.022
A county's nuisance abatement procedures must include in its written notice the
specific condition that constitutes a nuisance; how long the person has to abate the
nuisance; failure to abate a public nuisance may result in abatement by the county,
assessment of costs, and the imposition of a lien against the property on which the
nuisance exists; and the county prohibiting or controlling access to the premises to
prevent a continued or future nuisance described by ' 343.011 (c)(1), (6), (9), or
(10).
A county may abate a nuisance under ' 343.011(c)(6) before conducting a hearing.
' 343.023(a), (c), & (d)
A county may assess the cost of abating the nuisance, including management,
remediation, storage, transportation, and disposal costs, and damages and other
expenses incurred by the county; the cost of legal notification by publication; and an
administrative fee of not more than $100 on the person receiving notice under '
343.022. To obtain a lien against the property, the commissioners court must file a
notice containing a statement of costs, a legal description of the property, and the
name of the property owner, if known.
2009 County Powers & Duties Handbook $ Office of the Attorney General
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