COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: H.A. "Buster" Baldwin~~ OFFICE: Commissioners' Court
MEETING DATE: September 23, 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss authority to abate nuisance as per Section 343, Subchapter C in the Texas Health
and Safety Code.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #1
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
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My fellow commissioners:
I have wrestled with a problem for several years now and come to you for direction. In
my precinct a problem with abandoned vehicles and mobile homes that aze left to
deteriorate have caused much concern among my constituents. Nothing I hate more that
more government rules and regulations, but I see no other route. We have a problem with
one particular individual. He has been fined, put in jail and still the trash remains. We
need to clean up the mess. Can we as a court give the authority to our solid waste
representative to enforce these problems according to the statue attached? Should we?
Are the laws presently on the books enough to solve these problem azeas? How do we go
on private property and clean up the mess? As you can see, my problems aze multi-
layered.
Please study the attached and let's have a discussion in court on Monday.
B.B.
Health & Safety -CHAPTER 343 Page 1 of 3
SUBCHAPTER C. COUNTY AUTHORITY RELATING TO NUISANCE
~ 343.021. Authority to Abate Nuisance
A county may abate a nuisance under this chapter by demolition or
removal if the county adopts abatement procedures that are consistent
with the general purpose of this chapter and that conform to this
chapter.
Acts 1989, 71st Leg•, ch• 678, § 1, eff• 3ept• 1, 1989•
§ 343.022. Abatement Procedures
(a) The abatement procedures adopted by the commissioners court must
be administered by a regularly salaried, full-time county employee,
but the removal or demolition of the nuisance may be made by a person
authorized by the person administering the abatement program.
(b) The abatement procedures must require that written notice be
given to:
(1) the owner, lessee, occupant, agent, or person in charge of the
premises; and
(2) the person responsible for causing a public nuisance on the
premises when:
(A) that person is not the owner, lessee, occupant, agent, or person
in charge of the premises; and
(B) the person responsible can be identified.
(c) The notice must state:
(1) the specific condition that constitutes a nuisance;
(2) that the person receiving notice shall abate the nuisance before
the 31st day after the date on which the notice is served;
(3) that failure to abate the nuisance may result in:
(A) abatement by the county;
(B) assessment of costs to the person responsible for causing the
nuisance when that person can be identified; and
(C) a lien against the property on which the nuisance exists, if the
person responsible for causing the nuisance has an interest in the
property; and
(4) that the person receiving notice is entitled to submit, before
the 31st day after the date on which the notice is served, a written
request for a hearing.
http://www.capitol.state.tx.us/statutes/he/he0034300.htm1 9/17/02
Health & Safety -CHAPTER 343 Page 2 of 3
(d) The notice must be given
(1) by service in person or by registered or certified mail, return
receipt requested; or
(2) if personal service cannot be obtained or the address of the
person to be notified is unknown, by posting a copy of the notice on
the premises on which the nuisance exists and by publishing the
notice in a newspaper with general circulation in the county two
times within 10 consecutive days-
(e) The abatement procedures must require a hearing before the county
abates the nuisance if a hearing is requested- The hearing may be
conducted before the commissioners court or any board, commission, or
official designated by the commissioners court- The commissioners
court may designate a board, commission, or official to conduct each
hearing-
Acts 1989, 71st Leg•, ch• 678, § 1, eff• Sept- 1, 1989• Amended by
Acts 1991, 72nd Leg•, ch• 14, § 123, eff- Sept• 1, 1991; Acts 1995,
74th Leg•, ch• 771, § 5, eff• Aug• 28, 1995•
§ 343.023. Assessment of Costs; Lien
(a) A county may
(1) assess the cost of abating the nuisance, the cost of legal
notification by publication, and an administrative fee of not more
than 5100 on the person receiving notice under Section 343.022; or
(2) by resolution or order, assess the cost of abating the nuisance,
the cost of legal notification by publication, and an administrative
fee of not more than 5100 against the property on which the nuisance
exists-
(b) The county may not make an assessment against property unless the
owner or owner's agent receives notice of the nuisance in accordance
with Section 343.022-
(c) To obtain a lien against the
the commissioners court of the
contains a statement of costs, a
sufficient to identify the propel
owner, if known, with the county
property is located-
property to secure an assessment,
county must file a notice that
legal description of the property
^ty, and the name of the property
clerk of the county in which the
(d) The county's lien to secure an assessment attaches when the
notice of lien is filed and is inferior to a previously recorded bona
fide mortgage lien attached to the real property to which the
county's lien attaches, if the mortgage was filed for record in the
office of the county clerk of the county in which the real property
is located before the date on which the county files the notice of
lien with the county clerk-
http://www.capitolsfate.tx.us/statutes/he/he0034300.html 9/17/02