Nuisance Abatement
The Public Safety Section’s primary objective is to preserve and protect the quality of life of the City’s residents and visitors by prosecuting and defending litigation matters related to public health and safety. This section files nuisance abatement lawsuits targeting properties that are defined as “common nuisances” under Ch. 125 of the Texas Civil Practice and Remedies Code. The law allows the City to file suit against properties where persons habitually go to commit certain enumerated crimes, and the owners do not take reasonable steps to abate the criminal activity. Crimes include, but are not limited to, murder, gambling, prostitution, robbery, reckless discharge of weapons, and drug violations.
The Public Safety Section also seeks to abate violations involving land use and code enforcement, generally. Chapters 54 and 211 of the Texas Local Government Code allow the City to file lawsuits seeking civil penalties and injunctive relief for certain health and safety violations of the City Code. These lawsuits are an effective tool against property owners who, despite being issued citations, continue violating the City Code.
Appeals and Protests
Additionally, the Public Safety Section defends appeals of administrative orders issued by the Building Standards Commission, Board of Adjustment, and the Municipal Court related to substandard or noncompliant properties. This section also assists in the preparation and filing of protests against the issuance of alcohol licenses and permits by the Texas Alcohol and Beverage Commission.
Prosecuting Attorneys
In addition to civil litigation, the Public Safety Section also handles criminal matters. The prosecutors in the Public Safety Section prosecute Class C misdemeanors, including traffic and Penal Code citations, and violations of the City Code. They are responsible for appearing on various trial and plea dockets set in Municipal Court. The prosecutors also handle civil proceedings in Municipal Court such as truancy, towing, substandard property hearings, animal cases, and parking appeals.
Legal Advisors
The Public Safety section also serves as general legal counsel to the Fort Worth Police and Fire Departments. The attorneys advise on a variety of topics, including the First and Fourth Amendments, and issues related to arrests, searches and seizures. Other job duties include issuing legal opinions and legal bulletins, reviewing contracts, reviewing subpoenas directed to various departments, providing training to City staff, advising on expunction cases, and attending administrative staff briefings and other meetings.