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