Mission Statement
The Nuisance Abatement Team forges vested partnerships with cooperative property owners to combat common and public nuisances. The utilization of criminal/civil statutes as well as local enforcement authority to compel uncooperative property owners to assist in the abatement of these nuisances. This program is designed to rehabilitate these properties and revitalize the affected community. Nuisance RISK Property Team requires property owners after notification of the existence of a nuisance, to demonstrate proactive management of their properties in the abatement effort. Uncooperative property owners face criminal/civil actions to repair, demolish, close or forfeit their interest in the property when the nuisance goes unabated. The ultimate goal is to eliminate criminal nuisances. The aggregate benefits are revitalized neighborhoods that are safer and cleaner places in which to live, work and visit.
Chapter 125 of the Texas Civil Practices and Remedies Code defines a criminal nuisance as a person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity maintains a common nuisance:
- Discharge of a firearm in a public place as prohibited by the Penal Code;
- Reckless discharge of a firearm as prohibited by the Penal Code;
- Engaging in organized criminal activity as a member of a combination as prohibited by the Penal Code;
- Delivery, possession, manufacture, or use of a substance or other item in violation of Chapter 481 (Texas Controlled Substances Act), Health and Safety Code;
- Gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;
- Prostitution as described by Section 43.02 (Prostitution), Penal Code, solicitation of prostitution as described by Section 43.021 (Solicitation of Prostitution), Penal Code, promotion of prostitution as described by Section 43.03 (Promotion of Prostitution), Penal Code, or aggravated promotion of prostitution as described by Section 43.04 (Aggravated Promotion of Prostitution), Penal Code;
- Compelling prostitution as prohibited by the Penal Code;
- Commercial manufacture, commercial distribution, or commercial exhibition of obscene material as prohibited by the Penal Code;
- Aggravated assault as described by Section 22.02 (Aggravated Assault), Penal Code;
- Sexual assault as described by Section 22.011 (Sexual Assault), Penal Code;
- Aggravated sexual assault as described by Section 22.021 (Aggravated Sexual Assault), Penal Code;
- Robbery as described by Section 29.02 (Robbery), Penal Code;
- Aggravated robbery as described by Section 29.03 (Aggravated Robbery), Penal Code;
- Unlawfully carrying a weapon as described by Section 46.02 (Unlawful Carrying Weapons), Penal Code;
- Murder as described by Section 19.02 (Murder), Penal Code;
- Capital murder as described by Section 19.03 (Capital Murder), Penal Code;
- Continuous sexual abuse of young child or disabled individual as described by Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code;
- Massage therapy or other massage services in violation of Chapter 455 (Massage Therapy), Occupations Code;
- Employing or entering into a contract for the performance of work or the provision of a service with an individual younger than 21 years of age for work or services performed at a sexually oriented business as defined by Section 243.002 (Definition), Local Government Code;
- Trafficking of persons as described by Section 20A.02 (Trafficking of Persons), Penal Code;
- Sexual conduct or performance by a child as described by Section 43.25 (Sexual Performance by a Child), Penal Code;
- Employment harmful to a child as described by Section 43.251 (Employment Harmful to Children), Penal Code;
- Criminal trespass as described by Section 30.05 (Criminal Trespass), Penal Code;
- Disorderly conduct as described by Section 42.01 (Disorderly Conduct), Penal Code;
- Arson as described by Section 28.02 (Arson), Penal Code;
- Criminal mischief as described by Section 28.03 (Criminal Mischief), Penal Code, that causes a pecuniary loss of $500 or more;
- A graffiti offense in violation of Section 28.08 (Graffiti), Penal Code; or
- Permitting an individual younger than 18 years of age to enter the premises of a sexually oriented business as defined by Section 243.002 (Definition), Local Government Code.
