COUNTY ATTORNEY PROSECUTES LANDLORD AFTER FIRE UNCOVERS SEVERAL FAMILIES LIVING UNDER DANGEROUS CONDITIONS
El Paso County Attorney José R.
Rodríguez has successfully prosecuted a landlord who had several families,
including half a dozen children, living in very dangerous and unhealthy
conditions.
Luis Torres, the owner of a trailer
park located at 749 Ascension Rd.
in Horizon City, was found guilty this past Friday
to one violation of the Texas Water Code (failing septic system) and to another
public nuisance charge of unsanitary and fire-hazard conditions at his
property.
Justice of the Peace Precinct 6, Rubén Luján, sentenced Mr.
Torres to pay a $259 fine for the septic tank violation, and to pay $200 plus
court costs for the public nuisance violation. The defendant was also ordered
to abate the nuisances, and was prohibited from leasing or otherwise inhabiting
any dwelling at 749 Ascension. Mr. Torres will also have to remove all but one
dwelling, install a new septic system, and re-apply with the El Paso county Road and Bridge Department for
a certificate of compliance to obtain electrical power and water for his
property.
The charges
originated from a September 2006 incident, when a resident reported a spill of
raw sewage underneath a mobile home at 749 Ascension. An investigator from the
El Paso City-County Health District found several families living in buildings
with missing walls and leaky roofs. The investigator also found evidence of
cockroach infestation on one kitchen and bathroom. Some residents
complained of sewage discharging underneath some of the 4 mobile homes on-site.
The investigator also reported multiple dwellings connected to only one septic
system, and numerous electrical extension cords running from unauthorized
circuit breaker boxes to some of the dwellings, and from room to room
throughout the trailer park. Some of the extension cords were running on the
ground and were frayed. Mr. Torres was issued 2 violation notices asking him to
abate the nuisances; he was also told that the multiple electrical extension
cords were a fire hazard and that he had to disconnect them.
Two months later, on November
26, 2006, a fire caused by an electrical short was reported at the same
address. Three mobile homes were burned and several families were
displaced as a result of the fire. The very next day another inspector from the
Health Department responded to the same address to investigate a complaint of
overflowing sewage from the septic tank. The inspector confirmed several
families with young children were still living on the property even though
there was no electrical power because of the fire. Witnesses observed children
wading through the sewage.
On November 29,
2006, two of the El Paso County Attorney's Office's investigators discovered
that Mr. Torres had obtained a gasoline-powered generator and was distributing
electricity through extension cords to several families living in the apartments
and mobile homes that were not burned. Because of the impending freezing
temperatures over night, the investigators and El Paso County Emergency
Services District No. 1 Fire Chief Stephen Hoeller were able to obtain shelter for
the families. The Baptist
Church and El Paso
Baptist Association provided additional shelter. In early December the water
service was disconnected after the Health Department revoked Mr. Torres'
license to operate the septic system at 749 Ascension.
"Every
time we find cases like these where landlords have families living in
sub-standard conditions, we face a big challenge trying to prosecute and find a
proper punishment for whoever is responsible, because in Texas county governments
lack the power to enact land use and building codes," said El Paso County
Attorney José R. Rodríguez.
"Fortunately no
one lost their life as a result of the fire, which was caused by the electrical
overload. It is imperative that we protect the public health and safety by
enacting and enforcing more stringent laws. Many people live in sub-standard
conditions and are fearful of complaining because they might be evicted, their
rent increasing, or being deported, if undocumented, at the hands of unscrupulous,
avaricious landlords."
The
County Attorney's Office is working to convince
the Texas Legislature to give counties the power to enact land use and building
codes to help prevent the development of new Colonias.
Rodríguez
added that public nuisance is an on-going problem in the county of El Paso,
and his office will continue to prosecute such offenders. The penalty for the
crime is a fine of up to $200. To report
public nuisances, call the El Paso City-County Health and Environmental
District at 860-2378.
Horizon Landlord Trial Press Release.pdf
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