Environmental health public nuisances affect everyone directly. These are violations to the health and safety of citizens that, if allowed to exist, cause a threat to the physical well being of the public.
If you have any questions or complaints on this subject, you can reference the FAQ’s section of this site or call (956) 681-1220.
Article I, Section 46-2
Right of Entry
- The city health director or his designated representative shall, after proper notification, have the right and authority at any time to go onto any premises within the city at any reasonable time for the purpose of making inspections to ascertain if the premises are free from weeds, rubbish or other noxious or unhealthful matter. It shall be unlawful for any person to prevent such director or such of his employees from making such inspections or to interfere therewith in any manner.
- If any person shall refuse to allow the health director or his authorized representative to enter into any property in the city for the purposes of conducting the inspection as provided for in subsection (a) of this section, the director shall make application in the municipal court in the city for an administrative search warrant to be issued by the judge thereof. Such application shall contain an affidavit from the director or his authorized representative stating the reason for entry upon the premises and shall also state the time and general conditions as declared by the municipal court judge. The judge may also request that the chief of police furnish police officers of the the city to assist in the enforcement of any warrant issued under the provisions of this section. It shall be unlawful for any person having control of any premises for which an administrative search warrant has been issued to prohibit the entry onto the premises by the persons as authorized under the administrative search warrant.
Chapter 46 of the McAllen Code provides for the abatement of such nuisances as follows:
- 1) Weedy Lots
Meaning and including all rank and uncultivated vegetation, grass or plant matter which has grown to more than 15 inches in height or which, regardless of height, is liable to become an unwholesome or decaying mass or a harboring place for mosquitoes or vermin. Such lots or parcels of real estate shall be held to include all lots or parcels of real estate lying and being adjacent to, abutting and extending beyond the property line of any such lots or parcels of real estate to the centerlines of adjacent or abutting streets or alleys.
- 2) Illegally Dumped Materials
It shall be unlawful for the owner of any lot, building, house, establishment or premises in the city to allow or permit any carrion, filth or any other impure or unwholesome matter of any kind to accumulate or remain thereon.
Waste products, offal, polluting material, spent chemicals, liquors, brines, garbage, rubbish, refuse, waste building materials, used tires, or other waste of any kind may not be stored, deposited, or disposed of in a manner that may cause the pollution of the surrounding land, the contamination of groundwater or surface water, or the breeding of insects or rodents.
- 3) Accumulation of stagnated water
- Holes or places where water may accumulate and become stagnant are unlawful within the City of McAllen. In conjunction with this nuisance is the possibility of mosquito breeding and infestation within the area.
- 4) Dead palm trees or similar type trees
- Lots on which dead or damaged trees exist that may pose a serious threat to property or life on such lot, an adjacent lot or an adjacent public right-of-way are unlawful within the City of McAllen.
- 5) Rats
- Rats are also a vector nuisance that is addressed by this department. The citizens of McAllen can come by the office located at 1300 Houston to pick up free rat poison, which issued 1 bag per family per month.
- 6) Wastewater Disposal
Improper wastewater usage is unlawful in the City of McAllen. It is unlawful to throw or deposit on the surface of the ground, in any lot within 100 feet of any city sanitary sewer, except in the proper manuring of the soil, any water which has been used for domestic purposes, or any liquid or solid filth, feces, or urine. All owners or occupants of buildings situated in any section of the city where the property line of the land on which any such building is situated approaches or extends to within 100 feet of any such sewer are required to construct suitable water closets on their property, and connect with the city sewer within 30 days after notice by the city health director or by the city engineer.
It is unlawful for any person to build or use any pit privy vault within any area in the city where sewer connections are required.