The following is an excerpt taken from the County and State ordinances which have been adopted and are enforced
in Aransas County. It is not complete and does not constitute a legal document. For further information, you are
referred to the County Ordinance and State Sections referred to below.
Aransas County has adopted Sections 343.001 through 343.023 of the Texas Health and Safety Code relating to
public nuisances. Section 343.011 states that
"(a) a person may not cause, permit, or allow
a public nuisance under this section on any premises.
Subsection (b) includes the following definitions of a public
nuisance:
-
"keeping, storing, or accumulating refuse on premises in a neighborhood
unless the refuse is entirely contained in a closed receptacle;
-
"keeping, storing, or accumulating rubbish, including newspapers,
abandoned vehicles, refrigerators, stoves, furniture, tires, and cans, on premises in a neighborhood for 10 days or
more, unless the rubbish or object is completely enclosed in a building or it not visible from a public street;
-
"maintaining premises in a manner that creates an unsanitary condition
likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests;
-
"allowing weeds to grow on premises in a neighborhood if
the weeds are located within 300 feet of another residence or commercial establishment;
-
"maintaining a building in a manner that is structurally unsafe
or constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, unsanitary conditions, dilapidation,
obsolescence, disaster, damage, or abandonment or because it constitutes a fire hazard".
"Premises" is defined as "all privately owned property, including
vacant land or a building designed or used for residential, commercial, business, industrial, or religious purposes", and
includes "a yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the property".
"Refuse" is defined as garbage, rubbish, paper, and other decayable
and nondecayable waste, including vegetable matter and animal and fish carcasses.
"Neighborhood" is defined as a platted subdivision or property
contiguous to and within 300 feet of a platted subdivision. Holiday Beach is a platted subdivision.
"Weeds" are defined as "all rank and uncultivated vegetable growth
or matter that (a) has grown to more than 36 inches in height; or (b) may create an unsanitary condition or become a harborage
for rodents, vermin, or other disease-carrying pests regardless of the heights of the weeds."
There is a criminal penalty for any violation of Section
343.011 which remains unabated after the 30th day after the date on which a person receives notice from a county official,
agent, or employee to abate the nuisance. An unabated offense is a misdemeanor punishable by a find of not less than
$50 or more than $200; fines go up for subsequent convictions. Each day a violation occurs is a separate offense.
The County may assess the costs of abating the nuisance against the violator, and may place a lien on the property to secure
the assessment.
The County as also adopted state regulations relating to illegal
dumping, solid waste disposal, and abandoned motor vehicles, watercraft, boat, or outboard motors.
HBPOA Policy regarding nuisance complaints in Holiday Beach
When the HBPOA office receives a complaint, or becomes aware of
a violation, the complaint is first verified. If appropriate, the violation is turned over to Aransas County for enforcement.
You should be aware, the County has its own priorities, policies, procedures, and financial concerns.
The HBPOA does not have the authority to force a property owner
to maintain his property in a particular manner. We are dependent on the county for such action.
For those who need help in clearing lots of brush, the following
list of people who do brush clearing in Holiday Beach is being provided. You can contact them at the telephone numbers
given to get estimates or make arrangements:
James Campbell 361-790-5235 (tractor & brush hog)
Gene Domaschk 361-205-7400
Hackett & Co. 361-727-1945
Robert Hall 361-386-0454
Phil McPherson 361-441-3679
