Section 343.022 - Abatement Procedures(a) The abatement procedures adopted by the commissioners court must be administered by a regularly salaried, full-time county employee. A person authorized by the person administering the abatement program may administer: (1) the prohibition or control of access to the premises to prevent a violation of Section 343.011(c)(1), (6), (9), or (10);(2) the removal or demolition of the nuisance; and(3) the abatement of a nuisance described by Section 343.011(c)(12).(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: (A) 31st day after the date on which the notice is served, if the person has not previously received a notice regarding a nuisance on the premises; or(B) 10th business day after the date on which the notice is served, if the person has previously received a notice regarding a nuisance on the premises;(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;(4) that the county may prohibit or control access to the premises to prevent a continued or future nuisance described by Section 343.011(c)(1), (6), (9), or (10); and(5) that the person receiving notice is entitled to submit a written request for a hearing before the: (A) 31st day after the date on which the notice is served, if the person has not previously received a notice regarding a nuisance on the premises; or(B) 10th business day after the date on which the notice is served, if the person has previously received a notice regarding a nuisance on the premises.(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) Except as provided in Subsection (f), 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.(f) A county may, before conducting a hearing, abate a nuisance under Section 343.011(c)(6) by prohibiting or controlling access to the premises on which the nuisance is located and installing a cover that cannot be opened by a child over the entire swimming pool, but only if the county conducts a hearing otherwise in accordance with Subsection (e) after the nuisance is abated.Tex. Health and Safety Code § 343.022
Amended By Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 12.007, eff. 9/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 388, Sec. 4, eff. 6/15/2007.Amended By Acts 2007, 80th Leg., R.S., Ch. 1366, Sec. 5, eff. 6/15/2007.Amended By Acts 2005, 79th Leg., Ch. 1050, Sec. 3, eff. 9/1/2005.Amended By Acts 1995, 74th Leg., ch. 771, Sec. 5, eff. 8/28/1995.Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 123, eff. 9/1/1991 Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.