From: Kim Feil <kimfeil@sbcglobal.net>

Date: May 28, 2012 5:16:04 PM CDT

To: Trey Yelverton <trey.yelverton@arlingtontx.gov>, Jim Parajon <jim.parajon@arlingtontx.gov>, Don Crowson <don.crowson@arlingtontx.gov>, cynthia.simmons@arlingtontx.gov

Subject: urban drilling violates the city’s nuisance ordinance 

Trey, your city officers are not doing their jobs.  We have videos of effluents leaving the drill sites and yet no nuisance violations have been found.

Your Health Officer refuses to contact me after repeated requests. Jim Parajon has offered to meet with me, however, I need to move up the chain of command as our previous meetings have not been productive in addressing my concerns of urban drilling.

Trey I expect to hear from you on these issues, thank you.

http://www.arlingtontx.gov/citysecretary/pdf/codeofordinances/NUISChapter.pdf

Administrator – the City Manager designated Department Directors or their designees that are responsible for enforcement of this chapter.

ARTICLE I DEFINITIONS AND PROHIBITIONS

Section 1.01 Findings and Purpose

A. The Arlington City Council makes the following findings:

1. A nuisance is a condition which substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy land.

2. A nuisance is a condition that may cause physical harm to property; physical harm to a person on his or her property; or emotional harm to a person from the deprivation of the enjoyment of his or her property, such as by fear, apprehension, offense, or loss of peace of mind.

3. Whatever is dangerous to human health or welfare, or whatever renders the ground, water, air or food a hazard to human health is declared to be a nuisance;

5. It is necessary to provide for the abatement of nuisance conditions in the interest of public necessity when such conditions are offensive or annoying to the senses and detrimental to property values and community appearance.

6. It is further necessary to the extent of public necessity to provide for the abatement of nuisance conditions that interfere with the comfortable enjoyment of adjacent property or hazardous or injurious conditions detrimental to the health, safety or welfare of the general public.

ARTICLE I – 1 (Amend Ord 07-045, 6/19/07)

Section 1.03 Power to Define and Prohibit

The City of Arlington, acting by and through its duly authorized officers, agents and representatives, as desig- nated herein, shall have the power to:

A. Define all nuisances and prohibit the same within the City and outside the City limits for a distance of five thousand (5,000) feet (provided that this ordinance shall not apply within any portion of such five thousand foot area which is contained within the territory of any other municipal corporation);

Section 2.02 Property Blight Nuisances Enumerated

F. Stagnant, Foul and Offensive Water. Any stagnant, foul or offensive water upon any lot or other premises or under the floor of any building.

Section 2.03 Other Nuisances Enumerated

C. Burning Certain Substances. Burning in the open: hair, leather, rags or other substances emitting an offensive, unhealthful or annoying smell, smoke or odor.

ARTICLE II – 2 (Amend Ord 07-045, 6/19/07)NUISANCE 2.02

I. Pollution of Surface Waters. Any condition prohibited by the Health Chapter of the City of Arlington Code, as amended.

Section 3.02 Penalty for Violation

B. Any person violating any section of Article II or committing an act or continuing or maintaining a condition declared to be a nuisance by this Code of Ordinances, other than those enumerated in Section 3.02(A) hereof, shall be guilty of a misdemeanor, and each day the violation continues shall be a separate offense. Each such offense shall be punishable by a fine not to exceed Two Thousand Dollars and No Cents ($2,000.00) as allowed by law.

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TX Health & Safety Sec. 341.082.  APPOINTMENT OF ENVIRONMENTAL HEALTH OFFICER IN CERTAIN HOME-RULE MUNICIPALITIES.

(a) In a home-rule municipality, an environmental health officer may be appointed to enforce this chapter.

(b)  The environmental health officer must be a registered professional engineer. The officer must file a copy of the officer’s oath and appointment with the board.

(c)  The environmental health officer shall assist the board in enforcing this chapter and is subject to:

(1)  the authority of the board; and

(2)  removal from office in the same manner as a municipal health authority.