Governmental Action to Abate Nuisances Part 2: Why?

In a past post we introduced governmental action to abate nuisances. Most cities or counties are endowed with legal power to stop nuisances. The government has to define what constitutes a nuisance subject to this authority before it can fairly enforce rules relating to nuisances.texas nuisance nuisances

Volume 1, Chapter 27 of the Dallas City Code establishes the minimum standards with which residential and non-residential structures within Dallas city limits must comply. Dallas adopted these standards after city council found that:

There exists in the city of Dallas, Texas, structures used for human habitation and nonresidential purposes that are substandard in structure and maintenance. Furthermore, inadequate provision for light and air, insufficient protection against fire, lack of proper heating, insanitary conditions, and overcrowding constitute a menace to the health, safety, morals, welfare, and reasonable comfort of the citizens of the city of Dallas. The existence of such conditions will create slum and blighted areas requiring large scale clearance, if not remedied. Furthermore, in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenue, and an impairment of economic values. The establishment and maintenance of minimum structural and environmental standards are essential to the prevention of blight and decay and the safeguarding of public health, safety, morals, and welfare.

Structures that don’t meet these minimum standards constitute nuisances for purposes of the City’s enforcement power. And we’ll discuss those standards and how the City enforces these rules in future posts.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

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