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Blank Texas Nuisance Abatement PDF Form

The Texas Nuisance Abatement form is a legal document used to address properties involved in illegal activities. Under Texas law, this form allows law enforcement to close properties that have been identified as common nuisances, such as those associated with drug activity, gang violence, or other criminal behavior. By using this form, communities can take proactive steps to reduce crime and improve neighborhood safety.

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Content Overview

The Texas Nuisance Abatement form plays a critical role in addressing illegal activities that occur on properties across the state. Under the Texas Civil Practice and Remedies Code and the Texas Alcoholic Beverage Code, law enforcement agencies are empowered to close properties that are deemed to be public or common nuisances. These statutes specifically target locations associated with a range of illegal activities, including drug offenses, gang violence, and various forms of organized crime. The form outlines the procedures for investigating nuisance claims, compiling evidence, and potentially filing lawsuits against property owners who fail to manage or prevent unlawful behavior on their premises. It also details the responsibilities of the Office of the Attorney General in assisting local law enforcement and municipalities throughout this process. Importantly, the form emphasizes that the goal of nuisance abatement is not to criminally prosecute property owners but to demonstrate that they have neglected their duty to maintain a safe environment. If a property is identified as a nuisance, it may face closure for up to one year following a successful lawsuit. This process not only aims to curb illegal activities but also seeks to revitalize communities by preventing criminal offenders from using properties as bases for their operations. In many cases, property owners may choose to voluntarily abate the nuisance to avoid the financial consequences of a lawsuit, including the potential loss of income from property closure.

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N U I S A N C E

A B A T E M E N T

M A N U A L

t w o t h o u s a n d e l e v e n • f i f t e e n t h e d i t i o n

c r i m i n a l

p r o s e c u t i o n s

d i v i s i o n

7/11

Table of Contents

Introduction ..................................................................................................................................... 1

Summary ......................................................................................................................................... 2

Gang Abatement ............................................................................................................................. 4

Targeting a Nuisance Location ....................................................................................................... 5

Investigation .................................................................................................................................... 5

Case File Checklist ......................................................................................................................... 9

Meeting and/or Lawsuit ................................................................................................................ 10

Plan for Property Closure.............................................................................................................. 11

Texas Civil Practice and Remedies Code ..................................................................................... 12

Texas Alcoholic Beverage Code ................................................................................................... 24

A. Summary of Illegal Activity ............................................................................................. 25

B. Notification Letter ............................................................................................................. 27

Guidelines of Operation ................................................................................................................ 29



2011 Nuisance Abatement Manual • Office of the Attorney General

Introduction

Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas

Alcoholic Beverage Code are considered the “Texas Nuisance Abatement Statutes.” These

statutes permit law enforcement agencies to close any piece of property involved in illegal

activities, including violations of the Texas Penal Code, the Texas Alcoholic Beverage Code and

the Texas Controlled Substances Act.

The Office of the Attorney General (OAG) helps Texas municipalities, local prosecutors and law

enforcement agencies (including police departments, sheriff offices, task forces, the Texas

Alcoholic Beverage Commission and even federal agencies such as Border Patrol) in targeting,

processing and filing suit against property owners who allow public and common nuisances to

exist on their property. The purpose of a nuisance abatement lawsuit is not to show or prove that

the property owner is guilty of illegal acts, but rather to prove that the property owner allowed

the illegal activity to occur on the property or failed to make reasonable attempts to stop it.

Many police departments have become skilled at this procedure and have great success on their

own. When local law enforcement lacks the resources or experience in such cases, the OAG will

send staff when requested to any area of the state to provide technical assistance in initiating the

nuisance abatement process. Evidence will be compiled and sent to the OAG for review. Arrest

reports, calls for police service and search warrants contained in local departmental records, as

well as police officers’ and residents’ affidavits, are all used in this process. When the OAG

determines that sufficient evidence exists, a lawsuit will be ﬁled on behalf of the state. The OAG

will provide legal representation for the duration of the lawsuit.

Once a property is determined to be a common nuisance, and after a successful suit, it is closed

for a period of one year.

During the pendency of the lawsuit, a temporary injunction can be

requested requiring the posting of a bond by the owner to keep the property open pending final

resolution of the lawsuit. If a public nuisance is found to exist due to gang activity, civil fines

and jail terms for contempt of court may be imposed on those who violate the court orders.

In many instances, actual litigation is not required. When faced with the loss of income from

closure, bonds adding up to thousands of dollars and the threat of forfeiture of those bonds, many

owners enter into a voluntary abatement of the nuisance.

The nuisance laws can have a positive effect on locations that law enforcement agencies have

spent many man-hours policing. In addition, law enforcement agencies may see large monetary

savings by reducing the need to respond to these locations in the future. In several instances,

businesses that have permitted illegal activity for years have been successfully closed, reducing

the burden on law enforcement as well as on the immediate community.

By denying criminal offenders the use of real property as a base of operations, and by securing

the property owner’s cooperation in the removal of criminal offenders, neighborhood

revitalization can become a reality. Our goal at the OAG is not to abandon other conventional

Prior to 2007, a property owner could post a penal bond to keep the property open. This provision has been

removed requiring automatic closure of the property found to be a nuisance.

2011 Nuisance Abatement Manual • Office of the Attorney General

methods of law enforcement at these nuisance sites, but to supplement these efforts by providing

an additional tool to address illegal activity in Texas communities.

Summary

Which statutes are considered the “Texas Nuisance Abatement Statutes”?

 Chapter 125 of the Texas Civil Practice & Remedies Code (CPRC)

 Section 101.70 of the Texas Alcoholic Beverage Code (TABC)

Are there different kinds of nuisances addressed by the statutes?

Yes. Two kinds of nuisances are addressed:

 Common (Subchapters A & C of Chapter 125 CPRC and Section 101.70 TABC)

 Public (Subchapter D of Chapter 125 CPRC)

What kind of illegal activity can be addressed by the nuisance abatement statutes?

 Prostitution

 Obscenity

 Gambling

 Engaging in organized criminal activity

 Delivery, possession, manufacture or use of a controlled substance

 Discharge of a firearm in a public place

 Reckless discharge of a firearm

 Commercial manufacture, distribution or exhibition of obscene material

 Aggravated assault or sexual assault

 Robbery

 Unlawful carrying of weapons

 Murder

 Continuous sexual abuse of a child

 Massage therapy or services in violation of Occupations Code

 Alcohol violations

 Gang activity

Do apartments and motels qualify for nuisance abatement?

Yes. These are defined as multi unit residential properties under the code and are subject to

nuisance abatement. These properties can also be subject to the imposition of a receiver to

manage the property once a common nuisance is found to exist at the property.

What types of property can be closed?

Any place in the State of Texas that is causing a nuisance as defined by the nuisance abatement

statutes can be closed:

 Businesses of all kinds

 Private residences

2011 Nuisance Abatement Manual • Office of the Attorney General

 Apartments

 Motels

 Convenience stores

 Any other type of location

Who can be sued?

 Owner(s) of real property

 Owner(s) of the business

 Lessee/renter of the property

 Manager of the property

 Management company

 The real property itself (in rem suit)

 Any combination of the above

How long will the property be closed if the lawsuit goes to trial and it is determined that the

property is a nuisance?

 Under Chapter 125 of the Texas Civil Practice & Remedies Code, the property must be

closed for a period of one year.

 Under Section 101.70 of the Texas Alcoholic Beverage Code, the property must be

closed for a period of up to one year.

What can the owner do to prevent the property from being closed once a judgment is

entered to close the property?

 Under Chapter 125 of the Texas Civil Practice & Remedies Code, the property must be

closed for one year unless it is a multi unit residential property and the court has ordered

a receivership in lieu of closure.

 Under Section 101.70 of the Texas Alcoholic Beverage Code, the defendant can post a

penal surety or cash bond of at least $1,000 for a common nuisance.

What is the standard for proving that a common nuisance exists?

 Under Chapter 125 CPRC, must show that people habitually go to the subject property to

commit any of the listed crimes (except the alcohol and gang crimes).

 Under Section 101.70 TABC, must show that it is a place where alcoholic beverages are

sold, bartered, manufactured, stored, possessed, or consumed in violation of the

Alcoholic Beverage Code or under circumstances contrary to the purposes of the code.

What happens if the defendant fails to post a bond and/or violates a temporary or

permanent injunctive order and the illegal activities continue to take place on the

property?

For a common nuisance under Section 101.70 TABC, the defendant is subject to the following:

 Loss of bond through forfeiture

 Property closure for up to one year

2011 Nuisance Abatement Manual • Office of the Attorney General

For a public nuisance (gang abatement), the defendant is subject to the following sentences for

civil contempt:

 Fine of not less than $1,000 nor more than $10,000

 Confinement in jail for a term of not less than 10 nor more than 30 days

 Both fine and confinement

Does the case always go to trial?

No.

 A notification letter is sent to potentially cooperative property owners requesting a

meeting to discuss the illegal activities that are occurring on their property. Operation

guidelines to reduce illegal activities on the property will be discussed at the meeting. If

the owner agrees to address the concerns of the referring agency and implement the

suggestions discussed at the meeting and the referring agency observes improvement, a

lawsuit is not filed. The property will be monitored for compliance.

 If a lawsuit is filed, the parties may enter into an Agreed Final Judgment. The conditions

of operation, amount of the bond to be posted, fees and property improvements are

negotiated and incorporated into the agreement. The property is then closely monitored.

Gang Abatement

Street gangs have become a problem in smaller towns as well as the larger cities in Texas.

Regardless of the town size, the nuisance abatement statutes can help address gang problems.

Under Subchapter D of Chapter 125 of the Texas Civil Practice & Remedies Code, both the gang

itself and the places used by the gang to conduct criminal activities can be declared public

nuisances.

The nuisance abatement statutes can be useful additions to the various methods law enforcement

applies to stem the tide of gang activity. Removing the availability of places for gangs to gather

can be very effective in disrupting the gang culture, thus making their activities less organized

and more manageable for law enforcement.

A nuisance suit under this subchapter can be brought against the person who owns the property

in question, the gang member(s) or both. In a successful suit, the court can enjoin the gang

member(s) from engaging in criminal activity and can issue appropriate orders to prevent the

continued use of the property for organized criminal activity. Any violations of these court

orders can result in civil contempt charges for the offending defendant that can include fines

and/or jail time. Additionally, violation of the court order can impose criminal liability under

§71.021 of the Penal Code.

Examples of the types of remedies the court can impose on gang members and locations:

 The identification and delineation of “safety zones,” which typically reflect the

geographic area in which the gang conducts its criminal activities.

2011 Nuisance Abatement Manual • Office of the Attorney General

 The imposition of curfews on identified gang members, making it illegal for them to be

seen in public within the safety zone after a certain time of night.

 The enforcement of non-association orders which prevent identified gang members from

associating in public with other gang members identified in the lawsuit.

Targeting a Nuisance Location

The first step is to determine whether the illegal activity at the targeted property constitutes a

common or public nuisance as defined in the nuisance abatement statutes. A nuisance abatement

action should be considered and an investigation should be initiated if the answers to the

following questions are “yes:”

 Is the property used for committing the acts listed above?

 Is there a history of arrests for one or more of these illegal activities at the property?

 Will these illegal activities continue if legal action is not taken?

 Does the property have a reputation as a place to frequent for one or more of these illegal

activities?

 Have the lives or businesses of people in the area surrounding the property suffered or

been adversely affected by these illegal activities?

For the definitions of a common and public nuisance as defined by Chapter 125 of the Texas

Civil Practice & Remedies Code, see Attachment A. For the definition of a common nuisance as

defined by Section 101.70 of the Texas Alcoholic Beverage Code, see Attachment B.

Investigation

Most of the evidence needed to support the initiation of a nuisance abatement proceeding is

contained in local law enforcement records. The evidence must be fully documented because it

may be used in a court of law and discovered by the defendant. The most important evidence is

that which shows that the property is a place to which persons habitually go for the purpose of

those illegal activities addressed by the Texas Nuisance Abatement Statutes. This evidence can

be obtained from arrest reports, citations, search warrants, incident reports, intelligence reports,

complaints and calls for police service at the property. Any documentation that can be compiled

indicating illegal activity on the property for a two- to three-year time period may be used as

evidence. If the investigation shows that an inordinate number of calls for police service have

been made and six or more arrests for the same type of illegal activity have occurred in the last

six months to a year, this may be indicate a good nuisance abatement case. However, the case

must be submitted to the OAG for a more definite determination to be made.

Offense reports must establish the habitual use of the property for illegal activities. It is

important that the offense reports indicate that the illegal activity occurred, began or ended on

the targeted property or immediately adjacent to it. In other words, the crime must be firmly

associated with the target property. The reports must identify the property and be specific in the

narrative as to the connection between the crime and the property. For example, to state that a

prostitute or drug dealer was observed “coming out of or going into the establishment or parking

lot of the property” or that the “criminal activity occurred in the establishment or on the parking

2011 Nuisance Abatement Manual • Office of the Attorney General

lot of the property,” clearly connects the crime to the property. Stating that the prostitute or drug

dealer was observed “on the street or roadway in front of the establishment” does not necessarily

connect the crime to the property.

Site visits and/or surveillance of the property should be conducted to evaluate the physical

appearance of the property and to observe the nature of the illegal activities occurring on the

property. The site visits will also serve to corroborate (or refute) complaints concerning the

property. If code violations of any kind are observed, representatives from any other applicable

agency should be contacted to determine if a formal inspection of the property would be in order.

During the investigation, compile a case file that consists of the sections mentioned below with

the described information included. Many departments have an automated database that will

provide statistical information.

Summary of Illegal Activity. A general summary of the events occurring on the

property and any pertinent information related to the investigation. Provide a list of all

officers who have conducted investigations on the property and those ofﬁcers who have

made arrests on the property. Also, provide a list and give statistical data on calls for

police service, general complaint citations and offense reports generated on the subject

property. See Attachment A for an example of a summary of illegal activity.

Property and Property Owner Information. The legal owner of the real property must

be identified by obtaining a certified copy of the recorded deed (Warranty Deed or Deed

of Trust) from the county clerk’s ofﬁce or a title agency. The deed will not only provide

the name of the owner(s) of the real property, but it will also provide the legal description

of the property. The owner(s) of the real property must not be confused with the owner

of a business that may be located on the property. The legal owner may be an individual,

a group of individuals (joint venture or partnership), or a corporation. Any other

information that can be obtained regarding the property owner(s) may be added to this

section. For example, if the owner owns any other property or businesses, or if he has a

record of any kind, this information can be included. This section may also include the

names, addresses, telephone numbers, driver license numbers, photographs and criminal

histories of owners, managers, employees, agents or persons who may be directly

involved with the ownership or management of the property.

Correspondence, Documents and Notes. Copies are needed of any correspondence,

documents, notes or memos regarding the subject property. Copies of all

communications between the property owner, employees, managers or any other people

who have personal knowledge of the property should be included in this section. All

registered or certified mail return receipts of correspondence and all documents

evidencing an informal meeting with the property owner should be in this section. This

will show the court that your law enforcement agency and the OAG have attempted to

obtain the property owner’s cooperation to address the illegal activity before filing suit in

the case.

Calls for Service Summary. Statistical information showing the total number of calls

made to the property for any reason. This can help show how much more activity is

reported and documented at the property in comparison to other similar properties. This

2011 Nuisance Abatement Manual • Office of the Attorney General

can help show the court how much of a burden a particular property is on the resources of

the referring agency.

Offense Reports. Copies of all arrest reports generated on the property for the last three

years. Please provide a subsection for each category of offense that has occurred on the

property. For example, place copies of all the arrest reports for narcotic violations in one

section, alcohol violations in one section, prostitution cases in one section, assault cases

in one section, etc. While the property is under investigation, all arresting officers should

provide written narratives for each arrest report. It is important that the prosecuting

attorney be provided with all pertinent arrest reports up to the date of the court hearing, as

the nuisance will have to be proven to be ongoing. If there are additional reports that can

be obtained from other agencies with jurisdiction over the crime(s) involved (ex. DEA,

FBI, etc.), those reports or information should be obtained and included, if possible.

Final Dispositions. Copies of all ﬁnal dispositions or pending actions against any person

arrested on the property for any of the illegal activities addressed by the statutes during a

three-year period. Convictions of arrested persons and pending actions will support the

allegation that the owner knew the illegal activity was occurring on the property.

Search Warrants. Copies of all search warrants served at the property, search warrant

returns, and all arrest reports related to the search warrants should be included in this

section. The probable cause articulated in the search warrants may contain additional

information that will aid in the prosecution of the case.

Arrest Warrants. Generate a summary of all active arrest warrants for persons who

listed the subject property as their residence. This will identify individuals who have no

legal relationship to the property yet claim it as their residence, or it may identify

individuals who may be contributing to the problems on the property.

Ofﬁcer Declarations. Ofﬁcer declarations should be obtained from every ofﬁcer

currently patrolling the neighborhood where the property is located and from those who

have previously patrolled the neighborhood. Ofﬁcer declarations should also be obtained

from every officer who has made an arrest, assisted on calls for police service or

conducted investigations on the property. The declaration should state any observations

of illegal activity, the officer’s involvement with the property, the property’s reputation

and the ofﬁcer’s professional opinion of the property and general knowledge of the

history and reputation of the property. This can be done in affidavit or memorandum

form.

Citizen Declarations. Citizens living in the vicinity of the property or persons associated

with the property can provide helpful information regarding the illegal activities

occurring on the property. Written statements in the form of letters, afﬁdavits or

declarations from citizens can be persuasive evidence. If a citizen is threatened by

anyone, or if an act of violence has been committed against him or her, a request can be

made for the court to order that any personal information obtained remain confidential.

2011 Nuisance Abatement Manual • Office of the Attorney General

Declarations or Afﬁdavits from Interviews. Interviews conducted with citizens,

informants and suspects will be very helpful to the case. They can aid in proving that the

property has a reputation for illegal activities and can shed some light on other aspects of

the property’s history, such as who frequents the property, the types of concerns that they

have with the property, what they have observed at the property, how the property is

maintained, how the illegal activity adversely affects your law enforcement agency, etc.

Each statement should be documented, signed and notarized; in other words, it should be

a written statement in the form of a signed declaration or affidavit.

Regulatory Agency Inspections. All documents regarding investigations or inspections

by regulatory agencies should be included in this section. Please provide a subsection for

each applicable regulatory agency. The governing agency should coordinate its efforts

with inspectors and investigators of regulatory agencies – this will not only benefit the

case by providing additional evidence, but may also improve the property and help

revitalize a deteriorating neighborhood. The property owners may make necessary

improvements when they are issued citations for code violations. Since most illegal

activities gravitate to neighborhoods that are poorly lit and maintained, such

improvements may discourage illegal activity from occurring. Once you have contacted

the regulatory agency and citations for code violations have been issued, you must keep

communicating with the agency regarding the status and progress of the code violations.

Regulatory agencies may differ in each city or county. Below is a list of the types of

inspections that may be relevant to your jurisdiction. Telephone numbers can be found in

the blue city or county government pages of your local telephone directory.

 Building (planning and development)

 Fire Marshal

 Noise Pollution

 Housing Code Enforcement

 Restaurant & Food Business

 County Health Department Services

 County Environmental Health Services

 Texas Alcoholic Beverage Commission

 County Sheriff’s Office

Videotapes and Photographs. Videotapes and photographs of illegal and/or disruptive

activity on the property make excellent evidence. This evidence will provide

demonstrative proof of how the property is maintained and how it is a nuisance to the

neighborhood.

General Complaint Citations. Copies of all general complaint citations that have been

issued on the property for the last three years or for whatever period the property has

been operating.

Miscellaneous. Items in this section should include information that may not be

categorized in any other section of the notebook, but that will be helpful or relevant in

prosecuting the case.

➤ PDF File

Form Specifications

Fact Name	Details
Governing Laws	The Texas Nuisance Abatement form is governed by Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code.
Types of Nuisances	The statutes address two types of nuisances: common and public. Common nuisances include various illegal activities, while public nuisances are defined under specific subchapters.
Property Types	Various properties can be closed under these laws, including businesses, private residences, apartments, and motels.
Duration of Closure	If a property is determined to be a nuisance, it can be closed for up to one year following a successful lawsuit.
Potential Consequences	Property owners may face civil fines, jail terms for contempt, and loss of income if they do not address the illegal activities on their property.

Texas Nuisance Abatement: Usage Guidelines

Filling out the Texas Nuisance Abatement form is an important step in addressing illegal activities on a property. This process allows law enforcement to take action against properties that are contributing to public nuisances. To ensure that your submission is accurate and complete, follow these steps carefully.

Obtain the Form: Download the Texas Nuisance Abatement form from the official website or request a hard copy from your local law enforcement agency.
Identify the Property: Clearly state the address of the property involved in the nuisance. Include any relevant details such as unit numbers for multi-family residences.
Provide Owner Information: Fill in the name and contact information of the property owner. If the owner is a business entity, include the legal name of the business.
Describe the Nuisance: Detail the specific illegal activities occurring on the property. Be as descriptive as possible, citing any known incidents or patterns of behavior.
Gather Evidence: Attach any supporting documents or evidence that substantiate your claims. This may include police reports, witness statements, or photographs.
Sign and Date the Form: Ensure that you sign and date the form. This confirms that the information provided is accurate to the best of your knowledge.
Submit the Form: Deliver the completed form to the appropriate law enforcement agency. This can often be done in person or via mail, depending on local procedures.

After submitting the form, the law enforcement agency will review the information provided. They may conduct an investigation based on the details you've shared. If sufficient evidence is found, they will proceed with the necessary actions to address the nuisance. Stay informed about the process, as you may be contacted for further information or updates on the case.

Your Questions, Answered

What are the Texas Nuisance Abatement Statutes?

The Texas Nuisance Abatement Statutes are Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code. These statutes empower law enforcement to close properties involved in illegal activities, such as violations of the Texas Penal Code and the Texas Controlled Substances Act.

What types of nuisances do these statutes address?

The statutes address two main types of nuisances: common nuisances and public nuisances. Common nuisances are detailed in Subchapters A and C of Chapter 125 CPRC and Section 101.70 TABC, while public nuisances are covered under Subchapter D of Chapter 125 CPRC.

What illegal activities can lead to nuisance abatement?

Various illegal activities can trigger nuisance abatement, including but not limited to prostitution, gambling, drug offenses, and violent crimes. Specific actions like the discharge of firearms in public or alcohol violations also fall under this category.

Can apartments and motels be subject to nuisance abatement?

Yes, apartments and motels qualify as multi-unit residential properties under the nuisance abatement laws. These properties can face closure if found to be a common nuisance, and a receiver may be appointed to manage them.

What types of properties can be closed under nuisance abatement?

Any property causing a nuisance as defined by the statutes can be closed. This includes businesses, private residences, apartments, motels, convenience stores, and more. Essentially, any location that facilitates illegal activity can be subject to abatement.

Who can be held liable in a nuisance abatement lawsuit?

Liability can fall on various parties, including the property owner(s), business owner(s), lessees, property managers, and management companies. In some cases, the property itself can be sued in an in rem suit.

How long will a property be closed if found to be a nuisance?

If a lawsuit determines a property is a nuisance, it must be closed for one year under Chapter 125 CPRC. Under Section 101.70 TABC, the closure can also last up to one year, depending on the circumstances.

What can property owners do to avoid closure?

Once a judgment to close a property is entered, the owner can take specific actions to prevent closure. For instance, they may post a penal surety or cash bond of at least $1,000 for a common nuisance under Section 101.70 TABC. In some cases, if the property is a multi-unit residential property, the court may order a receivership instead of closure.

What are the consequences of failing to comply with court orders related to nuisance abatement?

If a defendant fails to post a bond or violates a court order, they may face serious consequences. These include the forfeiture of the bond and potential property closure for up to one year, as stipulated under Section 101.70 TABC.

Common mistakes

Incomplete Information: Many individuals fail to provide all the necessary details required on the form. Missing information can lead to delays or even rejection of the application. It is crucial to ensure that every section is filled out thoroughly.
Incorrect Property Identification: Some applicants mistakenly identify the property involved in the nuisance. This can result in legal complications. Double-check the property address and ownership details to avoid this mistake.
Failure to Attach Supporting Documents: Applicants often neglect to include essential documents that support their claims. This may include police reports, affidavits, or photographs. Providing comprehensive evidence strengthens the case.
Ignoring Deadlines: Timeliness is crucial in the nuisance abatement process. Some individuals miss submission deadlines, which can jeopardize their case. It is important to be aware of all relevant timelines and adhere to them.
Not Seeking Legal Advice: Many people attempt to navigate the process without consulting a legal professional. This can lead to misunderstandings of the requirements and procedures. Seeking guidance can help clarify any uncertainties and improve the chances of a successful outcome.

Documents used along the form

The Texas Nuisance Abatement form is an essential tool for addressing illegal activities occurring on properties throughout the state. When utilizing this form, several other documents and forms often accompany it to ensure a comprehensive approach to nuisance abatement. Here’s a brief overview of some of these important documents.

Notification Letter: This letter serves as a formal communication to property owners, informing them of the illegal activities occurring on their property. It outlines the nature of the nuisance and the potential consequences if the issues are not addressed.
Case File Checklist: This checklist helps law enforcement and legal teams gather all necessary evidence and documentation required for the nuisance abatement process. It ensures that no critical information is overlooked, making the case stronger.
Investigation Report: An investigation report details the findings from law enforcement’s investigation into the property. It includes evidence such as witness statements, police reports, and any other relevant documentation that supports the claim of nuisance.
Plan for Property Closure: This plan outlines the steps that will be taken to close the property if it is determined to be a nuisance. It includes timelines, responsibilities, and any required legal actions to ensure compliance with the court’s decision.
Temporary Injunction Request: This document is filed to request a temporary injunction, allowing the property to remain open while the case is being resolved. It may require the property owner to post a bond to ensure compliance with the court's orders.
Affidavits: Affidavits from witnesses, including residents and law enforcement officers, provide sworn statements about the illegal activities occurring on the property. These documents can be crucial in establishing a pattern of nuisance behavior.

By understanding these accompanying forms and documents, property owners and law enforcement can effectively navigate the nuisance abatement process. This collaborative effort aims to enhance community safety and improve the quality of life for residents affected by illegal activities.

Similar forms

Eviction Notice: Similar to the Texas Nuisance Abatement form, an eviction notice is a legal document that seeks to remove tenants from a property due to illegal activities or lease violations. Both documents aim to address issues that disrupt the community or property integrity.
Restraining Order: A restraining order can prevent individuals from engaging in certain behaviors that may harm others. Like the Nuisance Abatement form, it serves to protect the community from ongoing illegal activities.
Cease and Desist Letter: This letter orders an individual or business to stop specific activities. It is similar to the Nuisance Abatement form in that both documents are proactive measures to halt illegal actions before further legal action is necessary.
Property Management Agreement: This document outlines the responsibilities of property managers, including maintaining a safe environment. It relates to the Nuisance Abatement form by emphasizing the need for property owners to manage illegal activities on their premises.
Complaint Form: A complaint form allows residents to report illegal activities. This is similar to the Nuisance Abatement form, as both documents initiate actions against property owners for allowing nuisances.
Notice of Violation: This document informs property owners of specific code violations. It parallels the Nuisance Abatement form by serving as an official warning before further legal steps are taken.
Landlord-Tenant Agreement: This contract outlines tenant responsibilities, including compliance with laws. It connects to the Nuisance Abatement form by holding tenants accountable for illegal activities that may lead to property closure.
Municipal Code Enforcement Notice: This notice is issued by local authorities to address code violations. It is akin to the Nuisance Abatement form, as both aim to rectify issues that affect public safety and welfare.
Public Health Order: A public health order can restrict activities to protect community health. Similar to the Nuisance Abatement form, it seeks to eliminate threats to public well-being.
Litigation Notice: This document informs parties of pending legal actions. It is similar to the Nuisance Abatement form in that both signal the start of legal proceedings to address ongoing issues.

Dos and Don'ts

When filling out the Texas Nuisance Abatement form, consider the following do's and don'ts:

Do: Provide accurate and detailed information about the property in question.
Do: Include all relevant evidence of illegal activities occurring on the property.
Do: Ensure you understand the specific statutes that apply to your situation.
Do: Seek assistance from law enforcement or legal experts if you are unsure about the process.

Don't: Submit incomplete or vague information that could delay the process.
Don't: Ignore deadlines for submitting the form or responding to requests for additional information.
Don't: Attempt to conceal any illegal activities related to the property.
Don't: Assume that filing the form guarantees immediate action; be prepared for a process that may take time.

Misconceptions

Understanding the Texas Nuisance Abatement form can be challenging, and several misconceptions can lead to confusion. Here are nine common misconceptions about this form, along with explanations to clarify the facts.

Misconception 1: The property owner is automatically guilty of illegal activity.

This is not true. The purpose of the nuisance abatement process is to show that the property owner allowed illegal activities to occur, not to prove their guilt in committing those acts.

Misconception 2: Only residential properties can be subject to nuisance abatement.

In fact, a wide range of properties can be affected, including businesses, motels, convenience stores, and private residences.

Misconception 3: Nuisance abatement lawsuits always require lengthy litigation.

Many times, actual litigation is not necessary. Property owners may choose to voluntarily address the nuisance to avoid the consequences of closure.

Misconception 4: The Texas Nuisance Abatement process is only for gang-related activities.

While gang activity is one of the issues addressed, the statutes cover a variety of illegal activities, including prostitution, gambling, and drug offenses.

Misconception 5: A property can be closed indefinitely if found to be a nuisance.

Under the law, if a property is determined to be a nuisance, it is typically closed for a period of one year, not indefinitely.

Misconception 6: Posting a bond guarantees that a property will remain open during legal proceedings.

While posting a bond may allow a property to stay open temporarily, it does not guarantee that it will remain open if the court finds the property to be a nuisance.

Misconception 7: The Office of the Attorney General (OAG) is not involved in the process.

The OAG plays a significant role in assisting local law enforcement and municipalities in initiating and processing nuisance abatement cases.

Misconception 8: All types of nuisances are treated the same under the law.

There are different classifications of nuisances, such as common and public nuisances, each with specific legal implications and procedures.

Misconception 9: Once a property is closed, the owner has no recourse.

Property owners may have options to contest the closure or seek remedies, including the possibility of posting a bond to keep the property open while they address the issues.

Key takeaways

When dealing with the Texas Nuisance Abatement form, there are several important points to keep in mind. Understanding these can help ensure a smoother process.

Know the Relevant Statutes: The Texas Nuisance Abatement Statutes include Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code. Familiarizing yourself with these laws is crucial.
Types of Nuisances: The statutes address two kinds of nuisances: common and public. Each type has specific criteria and consequences.
Illegal Activities Covered: The form addresses a wide range of illegal activities. These include prostitution, gambling, drug offenses, and gang activity, among others.
Property Types: Various properties can be subject to nuisance abatement. This includes businesses, private residences, apartments, and motels.
Who Can Be Sued: Lawsuits can target multiple parties, such as property owners, business owners, and managers. Understanding who can be held responsible is key.
Consequences of a Nuisance Finding: If a property is deemed a nuisance, it can be closed for up to one year. Owners have options to prevent closure, including posting a bond.

Being informed about these key aspects can help navigate the process effectively. Always consider seeking legal advice if you have specific questions or concerns.