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City of Dallas v. David Jasso

City of Dallas v. David Jasso

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Published by Eric Nicholson
City claims man was operating an illegal goat slaughter operation on the site of the Texas Horse Park.
City claims man was operating an illegal goat slaughter operation on the site of the Texas Horse Park.

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Published by: Eric Nicholson on Apr 04, 2014
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07/26/2014

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FILED

DALLAS COUNTY
3/6/2014 2:42:33 PM
GARY FITZSIMMONS
DISTRICT CLERK
CITY OF DALLAS,
Plaintiff
V.
DAVID JASSO, JR.,
ZOILA SERNADE DE JASSO,
AND
Cause No. 12-14270
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1117 PEMBERTON HILL ROAD in rem, §
Defendants §
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
44th JUDICIAL DISTRICT
CITY OF DALLAS' SECOND AMENDED PETITION AND
REQUEST FOR PERMANENT INJUNCTION
TO THE HONORABLE COURT:
The City of Dallas (the "City"), Plaintiff, files its Second Amended Petition and
Request for Permanent Injunction against David Jasso, Jr. ("Jasso"), Zoila Sernade de
Jasso ("Sernade"), and 1117 Pemberton Hill Road, in rem (collectively, "Defendants"),
and respectfully shows the Court the following:
I. INTRODUCTORY STATEMENT
1. The City brings this lawsuit in response to Jasso's and Sernade's illegal dumping
and slaughterhouse activities spanning two nearby properties in southeast Dallas, Texas.
Jasso and Sernade conducted their activities at property that is owned by the City and
legally described as part of Tract 12.1, City Block 6239, and commonly described as 811
Pemberton Hill Road, Dallas, Texas and sometimes as 818 Pemberton Hill Road, Dallas,
Texas (the "City Property") and also conducted illegal activities at nearby property
owned by Jasso that is legally described as two tracts of Dallas City Block 6239, and
commonly described as 1117 Pemberton Hill Road, Dallas, Texas (the "Jasso Property").
City of Dallas' Second Amended Petition and Request for Permanent Injunction - Page 1
City of Dallas v. David Jasso, Jr. et al.
2. For many years, Jasso and Sernade conducted illegal slaughterhouse and dumping
activities on the City Property without obtaining any of the necessary permits or other
legal authorizations. The City Property is part of the Texas Horse Park, an equestrian
facility that is part of the City's Trinity River Corridor Project
1
, and near the Big Spring
(also known as the Sam Houston Spring), which is a natural spring of significa,nt
historical and ecological value. Jasso and Sernade also conducted illegal activity at the
Jasso Property, which is a residential lot that Defendants use as an eight-acre illegal
landfill and which property poses a substantial danger of injury and adverse health impact
to people other than Defendants and to property other than that of Defendants. The City
has undertaken tremendous efforts to mitigate the impacts from Jasso's and Sernade' s
illegal activities at the City Property and the Jasso Property and requests this Court's
assistance in further preserving the historical and ecological future of Dallas.
3. In this lawsuit, the City seeks: 1) recoupment of cleanup costs it incurred and
recovery of damages it suffered due to Jasso's and Sernade's illegal dumping and
slaughterhouse operations on the City Property and 2) civil penalties and a permanent
injunction requiring Jasso and Sernade to bring the Jasso Property into compliance with
the Dallas City Code and maintain compliance at the Jasso Property thereafter.
II. DISCOVERY CONTROL PLAN
4. Discovery is being conducted under Level 2 of Rule 190 of the Texas Rules of
Civil Procedure and pursuant to an agreed amended scheduling order, which was entered
by this Court on September 25, 2013.
1
The Trinity River Corridor Project is a large-scale City project including flood protection, recreational,
environmental restoration, economic development, and major transportation components.
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 2
City of Dallas v. David Jasso, Jr. et al.
III. PARTIES
5. The City of Dallas is a home-rule municipal corporation situated mainly in Dallas
County, Texas, incorporated and operating under the laws of the State of Texas.
6. David Jasso, Jr. is an individual owning real property and living in the City of
Dallas, Dallas County, Texas at his residence located at 2740 Haymarket Road, Dallas,
Texas 75253-3311. Jasso has been served and has appeared in this lawsuit.
7. Zoila Sernade Jasso is an individual owning real property and living in the City of
Dallas, Dallas County, Texas at her residence located at 508 Odeneal Street, Dallas,
Texas 75217-4219. Sernade has been served and has appeared in this lawsuit.
8. 1117 Pemberton Hill Road, the Jasso Property, is a defendant in rem and owned
by Jasso. The Jasso Property has been served and has appeared in this lawsuit through its
owner.
IV. JURISDICTION AND VENUE
9. This Court has jurisdiction because the City brings these claims to obtain
injunctive relief, declaratory relief, civil penalties, and monetary damages, and pursuant
to Subchapter L of Chapter 361, the Texas Solid Waste Disposal Act ("TSWDA"), of the
Texas Health and Safety Code, and Subchapter B of Chapter 54 of the Texas Local
Government Code.
10. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, the City seeks
monetary relief over $200,000 but not more than $1,000,000 and the non-monetary relief
specified herein. The damages sought are within the jurisdictional limits of this Court.
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 3
City of Dallas v. David Jasso, Jr. et al.
11. Venue is proper because the City Property, the Jasso Property, and all activities
alleged herein are located and occurred in Dallas County, Texas, and also pursuant to
section 54.013 of the Texas Local Government Code.
V. FACTS
A. Jasso's and Sernade's illegal slaughterhouse and illegal dumping activities
contaminated the City Property.
12. In or around 2008, the City acquired several adjacent tracts of mostly
undeveloped and forested land near the intersection of South Loop 12 and Pemberton Hill
Road and adjacent to the Trinity River and what is now known as the Great Trinity Forest
in Dallas, Texas. This acquisition included the City Property. (See Map of the City
Property, a true and correct copy of which is attached hereto as Exhibit A and
incorporated by reference herein.) At that time, Jasso and his business partner Sernade
were holdover tenants ostensibly operating a small-scale ranching operation at the City
Property.
13. The City Property, in addition to other tracts the City acquired in 2008, is
currently under development as part of the Texas Horse Park, an equestrian facility that is
a component of the Trinity River Corridor Project.
2
In addition, the City Property is
located near the Big Spring, which is a natural spring of significant historical and
ecological value. Because of Big Spring's historical and ecological traits, the City is
considering designating Big Spring as a City landmark.
14. After the City's acquisition discussed above, the City allowed Jasso and Sernade
to remain on the City Property on a month-to-month basis because their use and
occupancy would help deter vandals and illegal dumpers from destroying the City
2
Supra fn. 1.
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 4
City of Dallas v. David Jasso, Jr. et al.
Property. Their use and occupancy at the City Property was memorialized in a written
agreement that was effective on or about July 1, 2010. (Lease agreement for the City
Property between Jasso and Sernade and the City ("Lease Agreement"), a true and correct
copy of which is attached hereto as Exhibit B and incorporated by reference herein.) The
Lease Agreement, among other things, expressly prohibits activities that are in violation
of federal, state and local laws. (ld. at <J[ 6(g)).
15. During the pendency of the Lease Agreement, the City learned that Jasso and
Sernande were slaughtering animals and improperly disposing of slaughterhouse wastes
and other materials at the City Property in violation of the Dallas City Code and other
applicable laws and regulations. In response, the City executed a search warrant on or
about May 2, 2012 and confirmed the illegal slaughterhouse operations and the presence
of slaughterhouse waste, construction and demolition debris, and other solid waste that
had been disposed of in an illegal, unsanitary and unsafe manner at the City Property.
(Search Warrant for City Property, a true and correct copy of which is, attached hereto as
Exhibit C and incorporated by reference herein.)
16. After discovery of Jasso's and Sernade's illegal slaughterhouse operations, the
City sent Jasso and Sernade, through their counsel, a letter demanding that they cease and
desist from their illegal activities at the City Property and outlining the numerous Dallas
City Code provisions which they were violating by their activities. (May 15, 2012 Letter
to Jasso and Sernade from the City, without attachments, a true and correct copy of which
is attached hereto as Exhibit D and incorporated by reference herein.)
17. Subsequently, the City sent Jasso and Sernade a letter terminating the Lease
Agreement due to Jasso's and Sernade's breach of the Lease Agreement on multiple
City of Dallas' Second Amended Petition and Request for Permanent Injunction - Page 5
City of Dallas v. David Jasso, Jr. et al.
grounds and demanded Jasso and Sernade immediately vacate the City Property. (May
17, 2012 Letter to Jasso and Sernade from the City, without attachments, a true and
correct copy of which is attached hereto as Exhibit E and incorporated by reference
herein.) In addition, the letter informed Jasso and Sernade of the City's intention to clean
up the City Property to eliminate the unsafe and unsanitary conditions Jasso and Sernade
had caused at the City Property and that the City would seek cleanup costs from Jasso
and Sernade as authorized by the Lease Agreement. (!d.)
18. Jasso and Sernade breached the lease agreement on multiple grounds, including,
but not limited to: failure to undertake all maintenance necessary to keep the City
Property safe and from deteriorating in value or condition (see Exhibit B, <J[ 3); violation
of the use provision of the Lease Agreement (see id. at <J[ 5); violation of federal, state,
and/ or local laws, regulations, rules and orders, including, without limitation, those
relating to zoning and land use, health, safety, noise, environmental protection, waste
disposal and water and air quality (see id. at <J[ 6(g)); and failure to obtain any and all
necessary governmental licenses and permits necessary in order to use the City Property
for the intended purposes (see id.).
19. After Jasso and Sernade vacated the City Property, the City started its cleanup
efforts with an investigation to determine the extent of environmental and other harms
Jasso and Sernade had caused at the City Property. During the investigation, the City
identified exceedences of regulatory screening levels for polyaromatic hydrocarbons
("P AHs") in fill material at the City Property. In addition to the P AHs, the fill material
included slaughterhouse waste, demolition and construction debris, and other solid waste.
The City's investigation further yielded the presence of nitrates in shallow soils and foul,
City of Dallas' Second Amended Petition and Request for Permanent Injunction - Page 6
City of Dallas v. David Jasso, Jr. et al.
offensive odors associated with Jasso's and Sernade's illegal slaughterhouse and other
operations at the City Property.
20. The results of the investigation necessitated further action, in compliance with
Texas law, by the City in order to address the releases and threatened releases at the City
Property. Accordingly, the City created a response plan for the removal and remediation
of the areas of fill and soil that Jasso and Sernade had contaminated. The City sought
approval for its response plan from the Texas Commission on Environmental Quality
("TCEQ") and gained TCEQ approval in or around April 2013. The activities outlined in
the response plan are ongoing as of this filing. Upon completion of these activities, the
City will receive TCEQ approval that the City Property is protective of human health and
the environment.
21. The City also identified potential asbestos containing materials ("ACMs") in
debris piles generated and added to by Jasso's and Sernade's operations. In response, the
City initiated actions that were necessary to ensure, and did ensure that the ACMs,
potential ACMs, and other solid waste materials Jasso and Sernade illegally disposed of
at the City Property were properly abated and/ or disposed of without harm to human
health and the environment.
22. The investigation, removal, and remediation actions described above were
necessary to address the releases and threatened releases caused by Jasso and Sernade at
the City Property. To date, the City has spent over $200,000 in reasonable and necessary
expenses for the City Property cleanup.
23. On or about August 15, 2013, the City sent Jasso and Sernade a letter demanding
an initial payment of $300,000 (which represented the City's best estimate of the total
City of Dallas' Second Amended Petition and Request for Permanent Injunction -Page 7
City of Dallas v. David Jasso, Jr. et al.
cleanup costs at the time) by September 15, 2013, to begin recouping the City's cleanup
costs. (August 15, 2013, Letter to Jasso and Sernade from the City, without attachments,
a true and correct copy of which is attached hereto as Exhibit F and incorporated herein
by reference.) Neither Jasso nor Sernade responded to the August 15, 2013, letter and
neither has paid the City for any costs of the cleanup of their illegal operations at the City
Property.
B. Jasso and Sernade illegally filled and committed other Dallas City Code
violations at the Jasso Property.
24. After the City terminated the Lease Agreement, Jasso and Sernade vacated the
City Property and moved at least some of their operations, including livestock and
equipment, onto the neighboring Jasso Property, which Jasso owns and controls along
with Sernade. The Jasso Property is a mostly vacant lot zoned for single-family
residential use, but there is no house and, thus, no residential use at the Jasso Property.
Instead, the Jasso Property is an eight-acre illegal landfill, and it is situated near the
Texas Horse Park and the Big Spring. The northwest corner of the Jasso Property is
inside the 100-year floodplain of the Trinity River. (City of Dallas Zoning Map,
COD00004-5, a true and correct copy of which is attached hereto as Exhibit G and
incorporated by reference herein.)
25. On or about December 4, 2012, City personnel viewed the Jasso Property from
1125 Pemberton Hill, a contiguous lot to the Jasso Property, and observed that the Jasso
Property had the appearance of a landfill.
26. The City inspected the Jasso Property on or about December 20, 2012, and
confirmed extensive placement of fill material intermixed with solid waste at the Jasso
Property. The Jasso Property's natural grade was elevated and filled with construction
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 8
City of Dallas v. David Jasso, Jr. et al.
debris, trash, plastic and metal debris, and other unknown solid waste material that has
been buried and/ or vegetated, and measuring about twenty feet in height. The solid
waste extends into the northwest portion of the Jasso Property that is in the 100-year
floodplain of the Trinity River.
27. Fill material is defined as non-hazardous earth material under section 51 A-
4.206(5)(A) of the Dallas City Code. Placement of fill material in the 100-year
floodplain is regulated by the City's Trinity Watershed Management department. Solid
waste is prohibited as fill material. See Dallas City Code,§ 51A-5.105(g)(4).
28. Before fill material is brought onto the floodplain, a person must obtain approval
from the City's Director of Trinity Watershed Management pursuant to section 51A-
5.105(a) of the Dallas City Code. If approval is obtained, the fill material must be free
from solid waste pursuant to section 51A-5.105(g)(4) of the Dallas City Code.
29. Jasso and Sernade did not apply for and thus did not obtain the necessary approval
to fill in the floodplain at the Jasso Property. Furthermore, because of the regulations
discussed in paragraphs 27-28 above, the City could not approve the solid waste at the
Jasso Property as fill material in the floodplain.
30. In addition to the floodplain approval from the City, for land that is not in the
100-year floodplain, a zoning change through a specific use permit ("SUP") is required
under section 51A-4.206(5) of the Dallas City Code if placement of fill material on a
property exceeds five truckloads or 50 cubic yards of fill material (whichever is less)
during any twelve-month period.
31. For those portions of the Jasso Property that are outside the 100-year floodplain of
the Trinity River, there is more than either five truckloads or 50 cubic yards of fill
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 9
City of Dallas v. David Jasso, Jr. et al.
material during a twelve-month period. Jasso and Sernade did not apply for and were not
approved for an SUP for the Jasso Property. Moreover, even if Jasso and Sernade had
obtained an SUP for the Jasso Property, the solid waste must still be removed from the
Jasso Property.
32. In addition to the illegal placement of fill material and other solid waste described
above at the Jasso Property, the following violations of the Dallas City Code, which can
be observed from a public right-of-way, exist on the Jasso Property:
a. Illegal animal production at the Jasso Property, in violation of section SlA-
4.201(1);
b. Illegal accessory outside storage incidental to the mam use at the Jasso
Property, in violation of section 51A-4.213(9)(E);
c. There is solid waste that has accumulated at the Jasso Property, in violation of
section 18-12(b );
d. There are dead trees and tree limbs at the Jasso Property that are reasonably
capable of causing injury to a person, in violation of section 27-ll(a)(S);
e. There are holes, excavations, sharp protrusions, and other object or condition
that exists at the Jasso Property that are reasonably capable of causing injury
to a person, in violation of section 27-ll(a)(l);
f. Failure to maintain structures intended for human occupancy and any structure
used as an accessory to a structure intended for human occupancy at the Jasso
Property in a water-tight and weather-tight condition, in violation of section
27-ll(b)(S); and
g. Failure to obtain a permit from the City's building official before erecting,
constructing, enlarging, adding to, altering, repairing, moving, improving,
removing, installing, converting, demolishing, equipping, using, occupying, or
maintaining a structure or building, service equipment, or causing same to be
done at the Jasso Property, in violation of section 52-301.
33. True and correct copies of the ordinances cited above are attached. These
ordinances relate to: a) zoning that provides for the use of land or classifies the parcel of
land according to the municipality's district classification scheme; b) dangerously
City of Dallas' Second Amended Petition and Request for Permanent Injunction - Page 10
City of Dallas v. David Jasso, Jr. et al.
damaged or deteriorated structures or improvements; c) conditions caused by
accumulation of refuse, vegetation, or other matter that creates breeding and living places
for insects and rodents; d) animal care and control; and e) floodplain control and
administration, including an ordinance regulating the placement of a structure, fill, or
other materials in a designated floodplain.
34. The above conditions create a substantial danger of injury or adverse health
impacts to persons other than Defendants and to property other than that of Defendants.
35. On December 7, 2012, this Court signed an agreed temporary restraining order
("Agreed TRO") enjoining Jasso from placing any additional fill material, trash, and
debris at the Jasso Property. (Agreed TRO, a true and correct copy of which is attached
hereto as Exhibit Hand incorporated by reference herein.)
36. Upon expiration of the Agreed TRO, this Court signed an Agreed Temporary
Injunction ("Agreed TI") on January 14, 2013, wherein, among other things, Jasso
admitted violations of the Dallas City Code and agreed to remove all solid waste,
including the fill material, from the Jasso Property by Monday, April 8, 2013. (Agreed
TI, a true and correct copy of which is attached hereto as Exhibit I and incorporated by
reference herein.) Jasso disobeyed this Court's order by failing to clean up the Jasso
Property by April 8, 2013. As of this filing, the Jasso Property remains an eight-acre
illegal landfill that has yet to be cleaned up.
VI. ALL PREQUISITES TO SUIT SATISFIED
37. All prerequisites to suit and/ or conditions precedent necessary for the City to
bring this action and recover the relief requested herein have been performed, have
occurred, or have been waived.
City of Dallas' Second Amended Petition and Request for Permanent Injunction - Page 11
City of Dallas v. David Jasso, Jr. et al.
VII. CAUSES OF ACTION
Count One: Cleanup Cost Recovery under TSWDA (City Property)
38. The City brings this action to recover cleanup costs under the Texas Solid Waste
Disposal Act ("TSWDA"). Tex. Health & Safety Code§ 361.344. Jasso's and Sernade's
operations at the City Property resulted in releases and/ or threatened releases at the City
Property. As a result, the City has conducted removal and remedial actions at the City
Property pursuant to a plan that was approved by TCEQ. The City brings this claim to
recover reasonable and necessary costs of the investigation, removal and remedial actions
at the City Property and all other costs this court, in its discretion, considers reasonable.
39. Prior to filing this suit, the City sent Jasso and Sernade a letter seeking
contribution for the cleanup of releases and threatened releases caused by Jasso and
Sernade at the City Property. (Exhibit F.) Neither Jasso nor Sernade responded to the
City's pre-suit notice letter.
Count Two: Breach of Lease Agreement (City Property)
40. The City brings a claim for breach of lease against Defendants for violating the
following provisions of the Lease Agreement, which list is not meant as an exclusive list:
Defendants failed to undertake all maintenance necessary to keep the City Property safe
and from deteriorating in value or condition (Exhibit B, <J[ 3); Defendants violated the use
provision of the Lease Agreement (id. at <J[ 5); Defendants violated federal, state, and/ or
local laws, regulations, rules and orders, including, without limitation, those relating to
health, safety, noise, environmental protection, waste   and water and air quality
(id. at <J[ 6(g)); and Defendants failed to obtain any and all necessary governmental
City of Dallas' Second Amended Petition and Request for Permanent Injunction - Page 12
City of Dallas v. David Jasso, Jr. et al.
licenses and permits necessary in order to use the City Property for the intended purposes
(id.).
41. By their breach of the Lease Agreement, Jasso and Semade have caused the City
damages in at least the amount of the investigation, remediation and removal of the
releases and threatened releases at the City Property.
Count Three: Indemnification under the Lease Agreement (City Property)
42. The Lease Agreement provides that "the City may, by its option, clean the [City
Property]" of "any discharge, leakage, spillage, emission, or pollution of any type ... due
to [Defendants'] use and occupancy thereof...and [Defendants'] shall promptly pay to the
City the reasonable cost of such cleanup." (/d.) The City has cleaned up the City
Property from impacts related to Jasso's and Semade's use and occupancy of the City
Property; accordingly, the City is entitled to recovery of its reasonable costs from
Defendants as described herein.
Count Four: Trespass (City Property)
43. Jasso and Semade have committed a trespass against the City by their generation,
handling, storage, arranging for disposal, and disposal of slaughterhouse waste,
construction and demolition debris, and other solid waste on the City Property in a
manner that was illegal and beyond and in breach of the Lease Agreement.
44. The City is the owner of the City Property and Jasso and Semade physically,
intentionally, and voluntarily caused the invasion and release of PAHs, slaughterhouse
waste, construction and demolition debris, and other solid waste at the City Property that
has resulted in damages of the following types: cleanup and restoration of the City
Property and loss of market value of City Property, including damages related to the
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 13
City of Dallas v. David Jasso, Jr. et al.
stigma to the City Property for having, at one time, been contaminated. The foregoing
list is not exclusive of all types of damages recoverable by the City for Jasso's and
Sernade's trespass.
45. Jasso's and Sernade's trespass entitles the City to a declaratory judgment that
Defendants have committed a trespass.
Count Five: Nuisance (City Property)
46. Jasso's and Sernade's slaughterhouse operations at the City Property created a
nuisance at the City Property. Since acquiring ownership of the City Property in or
around 2008, the City has had and continues to have an interest in the City Property.
Jasso and Sernade interfered with and invaded the City's interest by their conduct that
was negligent, intentional and unreasonable, and/ or abnormal and out of place in its
surroundings. Jasso's and Sernade's conduct has caused the City to suffer injury. Jasso's
and Sernade's conduct resulted in conditions that substantially interfere with the City's
use and enjoyment of the City Property by, for example, polluting the air with foul odors
and causing the invasion of foreign substances, including contaminating the soil, that
create unreasonable discomfort and annoyance to persons of ordinary sensibilities
attempting to use and enjoy the City Property. The City has suffered actual damages for
the injuries to the City Property, including damages stemming from stigma attached to
the City Property for having, at one time, been contaminated.
Count Six: Negligence (City Property)
47. Jasso's and Sernade's actions at the City Property were negligent and resulted in
damages to the City. Jasso and Sernade owed the City a legal duty and breached that
duty by their illegal slaughterhouse and dumping actions at the City Property, which
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 14
City of Dallas v. David 1 as so, 1 r. et al.
polluted and contaminated the City Property. Jasso's and Sernade's illegal
slaughterhouse and dumping actions were the actual and proximate causes of damages
that the City suffered. The City's damages include, among other things, the reasonable
and necessary costs of cleaning up the City Property.
Count Seven: Attorneys' Fees (City Property)
48. The City seeks reasonable and necessary attorneys' fees pursuant to section
37.009 of the Texas Civil Practice and Remedies Code; section 38.001 of the Texas Civil
Practice and Remedies Code; and Subchapter L of TSWDA.
Count Eight: Declaratory Judgment (City and Jasso Properties)
49. The City seeks declaratory judgment under chapter 37 of the Civil Practice and
Remedies Code that Jasso's and Sernade's actions: 1) constituted a breach of lease as
alleged herein; 2) created a trespass at the City Property as alleged herein; and 3) created
a nuisance at the City Property as alleged herein. Furthermore, the City seeks declaratory
judgment that after Defendants were actually notified of the provisions of the municipal
health and safety ordinances that Defendants were violating at the Jasso Property, and as
cited in paragraphs 27-34 above, which paragraphs are fully incorporated herein,
Defendants committed acts in violation of said ordinances and/ or failed to take action
necessary for compliance with said ordinances.
Count Nine: Violations of Chapter 54, LGC (Jasso Property)
50. Subchapter B of Chapter 54 of the Texas Local Government Code applies to the
municipal health and safety ordinances cited in paragraphs 27-34 above, which
paragraphs are fully incorporated herein.
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 15
City of Dallas v. David Jasso, Jr. et al.
51. Pursuant to sections 54.016 and 54.018 of the Texas Local Government Code, the
City requests permanent injunctive relief ordering Jasso and Sernade to remedy and/ or
repair the conditions at the Jasso Property to bring the Jasso Property into compliance
with the Dallas City Code.
52. Pursuant to section 54.017 of the Texas Local Government Code, the City
requests civil penalties of $1,000 per violation, per day against Jasso and Sernade. The
City also requests post-judgment interest and costs of court.
VIII. REQUEST FOR JURY TRIAL
53. The City respectfully requests a trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, the City prays for the following
relief:
1) that the City be awarded the full amount of costs incurred in the investigation,
remediation and removal of releases and threatened releases at the City
Property caused by Jasso and Sernade, and including whatever additional
costs this Court considers reasonable;
2) that the City be awarded damages for Jasso's and Sernade's trespass at the
City Property;
3) that the City be awarded damages for the nuisance that Jasso and Sernade
caused at the City Property;
4) that the City be awarded damages for Jasso's and Sernade's negligence at the
City Property;
5) that the City be granted declaratory relief finding that:
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 16
City of Dallas v. David Jasso, Jr. eta!.
a. Defendants' actions constituted a breach of lease as alleged herein;
b. Defendants created a trespass at the City Property as alleged herein;
c. Defendants created a nuisance at the City Property as alleged herein;
and
d. Defendants were actually notified of the provisions of the municipal
health and safety ordinances that Defendants were violating at the
Jasso Property, and as cited in paragraphs 27-34 above, which
paragraphs are fully incorporated herein, and after such notice,
Defendants committed acts in violation of said ordinances and/ or
failed to take action necessary for compliance with said ordinances.
6) the City be granted permanent injunctive relief against Jasso and Sernade for
the Jasso Property that provides that:
a. no additional solid waste, including fill material, may be placed
anywhere on the Jasso Property without all necessary lawful permits
and authorizations;
b. all solid waste, including fill material intermixed with solid waste,
must be removed from the Jasso Property and lawfully disposed of,
and written proof of lawful disposal shall be filed with this Court;
c. all other Dallas City Code violations at the Jasso Property that are
listed in this petition must be remedied and the Jasso Property shall
be maintained in compliance with the Dallas City Code thereafter;
7) the City be awarded judgment for civil penalties of $1,000 per violation, per
day for the Dallas City Code violations at the Jasso Property listed above;
City of Dallas' Second Amended Petition and Request for Permanent Injunction -Page 17
City of Dallas v. David Jasso, Jr. et al.
8) the City be awarded reasonable and necessary attorneys' fees in this case;
9) the City be granted judgment for all costs of court;
10) the City be granted judgment for post-judgment interest at the highest legal
rate; and
11) such other relief, general or special, at law or in equity, to which the City may
be justly entitled.
Respectfully submitted,
OFFICE OF THE CITY ATTORNEY
CITY OF DALLAS, TEXAS
By: Is/ Chhunny Chhean
Melissa A. Miles
State Bar of Texas No. 90001277
Chhunny Chhean
State Bar of Texas No. 24061225
James B. McGuire
State Bar of Texas No. 24055939
Christopher J. Caso
State Bar of Texas No. 03969230
7DN Dallas City Hall
1500 Marilla Street
Dallas, Texas 75201
Telephone: (214) 670-3519
Fax: (214) 670-0622
melissa. miles@ dallascityhall.com
chhunny .chhean@ dallascityhall.com
james.mcguire@dallascityhall.com
chris.caso@ dallascityhall.com
ATTORNEYS FOR PLAINTIFF,
THE CITY OF DALLAS, TEXAS
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 18
City of Dallas v. David Jasso, Jr. et al.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent via Dallas
County's e-filing system to all Defendants through their attorney of record, David Kane,
pursuant to the Texas Rules of Civil Procedure on this 6th day of March 2014.
Is/ Chhunny Chhean
Chhunny Chhean
City of Dallas' Second Amended Petition and Request for Permanent Injunction- Page 19
City of Dallas v. David Jasso, Jr. et al.
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THE STATE OF TEXAS )
COUNTY OF DALLAS )
LEASE AGREEMENT
LOG NO. TRC202
WHEREAS, the City of Dallas has acquired the hereinafter described land and
improvements for the purpose of constructing public improvements thereon; and
WHEREAS, the City of Dallas can temporarily lease this property on a month-to-month
basis;
NOW, THEREFORE, this Lease Agreement is this day made between the City of
Dallas, a Texas municipal corporation, hereinafter referred to as "City" and the hereinafter
defined Lessee.
1. a) DEFINITION OF TERMS USED IN THIS LEASE AGREEMENT:
Lessee:
rental amount:
due date:
Zoila Sernade de Jasso and David Jasso
$300.00 per monthly period
1st day of each month
inception date: July 1, 2010
possession date: July 31, 2008
use or purpose: Land and commercial use of buildings existing on property
depicted on the attached Exhibit A
b) ADDITIONAL LEASE AGREEMENT INFORMATION
rental fund: Fund 0001, Unit 1182, Department DEV, Revenue Source 8416
Lessee's Address: 818 Pemberton Hill Rd., Dallas, Texas, 75217
Lessee's Phone; (469) 831-0811
Zoila Sernade de Jasso
Drivers license#: t'l "1'2.. 2f,'-{ \
Social Security#:
Taxpayer I. D. #:
TW I TRC202
- 1 -
David Jasso
Drivers License #: 13 S (o 9 0 d)
Social Security #:
Taxpayer I. D. #:
PLAINTIFF'S
EXHIBIT
 
2. That Lessee, in consideration of being permitted to occupy the hereinafter described
premises on a month-to-month tenancy, hereby agrees to pay to City the rental amount,
payable on or before the due date and said rental amount is to be deposited to the
appropriate rental fund. The obligation to pay the rental amount is an independent
covenant. The failure of Lessee to pay such amount upon demand shall, at City's option be
an event of default hereunder. The lease shall begin on the inception date.
In the event Lessee's check for the rental amount is dishonored, Lessee shall pay to
City a processing fee of $25.00 for each dishonored check.
3. Lessee further agrees to make all improvements and repairs and to undertake all
maintenance necessary to keep the leased premises safe and from deteriorating in value
or condition, at no expense to City, and that City shall be absolutely exempt from making
any improvements, repairs, or undertaking any maintenance to the leased premises or
other appurtenances during the period the leased premises are occupied by Lessee.
Lessee may take possession of the leased premises on the possession date, subject to
City's continued use of the premises for any public purpose.
4. That Lessee agrees that this lease and occupancy is on a month-to-month basis.
5. That the leased premises described below shall be used by Lessee for the above stated
use or purpose under the direction of the Director of Development Services of the City of
Dallas.
6. That use of the leased premises is granted subject to the following additional conditions,
terms and reservations:
a. It is agreed by Lessee that failure to pay the rental amount stipulated herein or the
violation of any other covenant herein contained shall forfeit the right to occupy the leased
premises, and City shall be entitled to immediate possession thereof without the necessity
of legal proceedings.
b. It is further understood and agreed that the leased premises are deemed suitable by
Lessee for the use or purpose contemplated to be made of the leased premises.
c. It is understood and agreed, and a condition hereof, that Lessee shall procure and
keep in full force and effect commercial general liability insurance coverage issued by an
insurance company authorized and approved by the State of Texas, acceptable to the City
and issued in the standard form approved by the State Board of Insurance. The policy
must name the City, its officers and employees as additional insureds protecting the City
against any and all claims for damages to persons or property as a result of or arising out
• 2-
of the use, operation, and maintenance by Lessee of the leased premises and Lessee's
installations, improvements, landscaping, and equipment in connection therewith and
located therein. The commercial general liability coverage must provide combined single
limits of liability for bodily injury and property damage of not less than $1 ,000,000 for each
occurrence, $2,000,000 annual aggregate. The coverage must be on an "occurrence"
basis and must include coverage for premises operations, independent contractors,
products/completed operations, personal injury, contractual liability, and medical payments.
This insurance shall also include coverage for fire legal liability in the amount of $250,000
and the hazards of underground, explosion, and collapse.
1. Each policy must include a cancellation provision in which the insurance company
is required to notify Lessee and the City in writing not fewer than 30 days before
canceling, failing to renew, or making a material change to the insurance policy.
2. Lessee shall carry said insurance at its expense and shall furnish the City a
certificate of insurance. In the event said insurance should terminate during the
lease term hereof, or lessee fails to furnish proof of insurance coverage in
accordance with the specifications as required by this section, the Director of
Development Services, or her designee, may terminate this Lease Agreement.
d. It is further agreed that Lessee shall not sublet or subrent the leased premises
hereinafter described unless the Director of Development Services gives permission in
writing, in advance, to so sublet or subrent.
e. As a condition hereof, Lessee agrees and is bound to defend, indemnify and hold the
City, its officers, agents and employees, harmless against any and all claims, lawsuits,
judgments, costs and expenses for personal injury (including death), property damage or
other harm for which recovery of damages is sought, suffered by any person or persons,
that may arise out of or be occasioned by the use, occupancy and maintenance of the
leased premises or Lessee's installations and improvements within the leased premises,
from any act or omission of any representative, agent, customer and/or employee of
Lessee, or by Lessee's breach of any of the terms or provisions of this Lease Agreement,
or by any negligent or strictly liable act or omission of Lessee, its officers, agents,
employees or subcontractors in the use, occupancy and maintenance of the leased
premises or Lessee's installations and improvements within the leased premises; except
that the indemnity provided for in this paragraph shall not apply to any liability resulting
from the sole negligence or fault of the City, its officers, agents, employees or separate
• 3-
contractors, and in the event of joint and concurring negligence or fault of both the Lessee
and the City, responsibility and indemnity, if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas, without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any
defenses of the parties under Texas law. This obligation to indemnify and defend shall also
include any claim for damage that any utility or communication company, whether publicly
or privately owned, may sustain or receive by reason of Lessee's use of the leased
premises or Lessee's improvements and equipment located thereon. In addition to the
foregoing, Lessee covenants and agrees never to make a claim of any kind or character
whatsoever against the City for damage of any kind that it may suffer by reason of the
installation, construction, reconstruction, operation or maintenance of any public
improvement, utility or communication facility, whether presently in place or which may in
the future be constructed or installed, including but not limited to, any water or wastewater
mains or storm sewer facilities, regardless of whether such damage is due to flooding,
infiltration, backflow or seepage caused from the failure of any installation, natural causes,
City's negligence, or from any other cause whatsoever.
f. It is further agreed that City reserves and has the absolute right to terminate this
Lease Agreement at any time such termination becomes necessary; that the determination
by City of the necessity for such termination shall be final and binding; that City shall upon
such determination become immediately entitled to possession of the leased premises
without giving any notice and without the necessity of legal proceedings to obtain
possession thereof; that any rentals paid in advance shall be returned to Lessee in
proportion to the unexpired rental period; and in any event upon termination or cancellation
by City or Lessee, Lessee shall remove any improvements and encroachments from the
leased premises at Lessee's expense. All work shall be done to the satisfaction of the
Director of Development Services, or her designee.
g. Lessee is prohibited from using the leased premises in any manner which violates
Federal, State or local laws, regulations, rules and orders, regardless of when they become
or became effective, including, without limitation, those relating to health, safety, noise,
environmental protection, waste disposal and water and air quality, and shall provide
satisfactory evidence of compliance upon the request of the City. Should any discharge,
leakage, spillage, emission or pollution of any type occur upon or from the leased premises
due to Lessee's use and occupancy thereof, Lessee, at its expense, shall be obligated to
-4-
clean up the leased premises to the satisfaction of the City and any other governmental
body having jurisdiction thereover. The City may, at its option, clean the leased premises. If
the City elects to do so, Lessee shall promptly pay to the City the reasonable cost of such
cleanup upon receipt of bills therefor. Lessee agrees that the indemnity provisions
contained in paragraph 6. e. herein shall be fully applicable to the requirements of this
paragraph, in the event of Lessee's breach of this paragraph, or as a result of any such
discharge, leakage, spillage, emission or pollution arising out of the Lessee's use of the
leased premises.
Lessee must also obtain any and all necessary governmental licenses and permits
necessary in order to use the leased premises for intended purpose.
7. That City does hereby rent and demise, subject to the foregoing terms and provisions,
unto Lessee on a month-to-month periodic tenancy, the property described on Exhibit "N,
hereinabove referred to as the "leased premises", which is attached hereto and made a
part hereof.
8. That Lessee is further subject to the additional terms and conditions specified on Exhibit
·s", attached hereto and made a part hereof.
9. This Lease Agreement embodies the complete agreement of the parties, superseding all
oral or written previous and contemporary agreements between the parties and relating to
matters in this Lease Agreement, and except as otherwise provided in this Lease
Agreement cannot be modified without written agreement of City and Lessee to be
attached to and made a part of this Lease Agreement.
. 5-
. '
si" I (
Signed in duplicate this the _I_ day of                           • 20 I 0 , A.D.
LESSOR: CITY OF DALLAS
Rebecca Rasor
Managing Director
Trinity River Corridor Project
Dept. of Trinity Watershed Management

Managing Director
I
LESSEE:
Zoila Sernade de Jasso

(I
avid Jasso
Make rent check payable to: City of Dallas
Mail to: ifrinity River Corridor Project
attn: Income Leases
1500 Marilla, 68 South
Dallas, Texas 75201
To help ensure proper credit, LESSEE should put "Log No. TWtrRC202" on all
checks and other correspondence.
- 6-
' '
EXHIBIT "B"
Additional Terms & Conditions
1. Payments received more than ten (1 0) days after the due date shall be subject to a late
payment charge calculated at the rate of eighteen per cent (18%) per annum, compounded
monthly, or the highest applicable rate allowed by law. The obligation to pay the rental
amount is an independent covenant. The failure of LESSEE to pay such amount upon
demand shall, at City's option, be an event of default hereunder.
2. The rental amount shall be in addition to and exclusive of any other taxes or special
assessments required by law to be paid by Lessee including, but not limited to, ad-valorem
taxes, which shall be the sole responsibility of LESSEE. Furthermore, LESSEE agrees to
promptly pay all such taxes or special assessments, unless LESSEE is lawfully contesting
same.
TWfrRC202
- 7-
AFFIDAVIT FOR SEARCH WARRANT
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
The undersigned Affiant, being the Supervisor of Industrial Compliance for the
Stormwater Section of the Depmiment of Trinity Watershed Management, and
responsible for ensuring compliance with Chapter 19 of the Dallas City Code, and being
duly sworn, on oath, makes the following statements and accusations:
1. There is located within the City of Dallas, Dallas County, Texas, a
place and premises described and located as follows: An industrial facility
comprised of approximately 75 acres located at 818 Pembe1ion Hill Road, Dallas,
Texas 75217, a/k/a 811 Pemberton Hill Road, Dallas, Texas 75217, a/k/a
Progresso Farms a/k/a Progreso Farms, LLC.
2. Affiant believes that the condition of said place and premises
constitutes a health hazard in violation of building, municipal solid wastes, health
and sanitation codes and ordinances of the City of Dallas. The facts and
circumstances which support Affiant's aforesaid belief, which belief is based on
personal observation or, where so noted, reliable information, is as follows:
a. The City received a citizen complaint from a neighboring
property owner that illegal dumping is occurring on the prope1iy, the
evidence of which included the presence of rotting animal carcasses
uncovered upon the ground.
b. The operator openly admits that facilities at the property
are being used for the slaughter of animals for public consumption,
however there is no city sanitary sewer service at this location. The liquid
waste water from the slaughtering operations is unaccounted for, and the
disposal of which is within the City's wastewater and stormwater
regulations.
3. The undersigned, based upon the above and foregoing, believes
that conditions exist within the structures and upon the land on the premises
which are in violation of health and safety codes and ordinances of the City of
Dallas, and that such conditions render the property a health and safety hazard to
the occupants thereof as well as to the owners and occupants of properties in the
immediate vicinity of the property.
WHEREFORE, Affiant asks for issuance of a warrant that will authorize Affiant
accompanied by agents of the Director of Trinity Watershed Management Department,
PLAINTIFF'S
EXHIBIT
G
and Code Compliance to inspect visually and by sampling process water discharges,
waste piles and fill material wherever found on the premises, for the purpose of
determining the presence of health and safety hazards, unsafe building conditions, and/or
a violation of any fire, health, or building or substandard building regulation of the City
of Dallas or the State of Texas. Affiant fmiher asks that the wan-ant authorize the
recordation by photographic means of any violations therein discovered.
SUBSCRIBED AND SWORN TO BEFORE ME on this the .9/v? day of
_
1
T-I}-¥1,11vl7-l,-'--"'il-,-· ___ , 2012, to certify which witness my hand and official seal.
s
ADMINISTRATIVE SEARCH WARRANT
THE STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
THE STATE OF TEXAS to the Health Officer, or Code Compliance Official ofthe City of
Dallas,
GREETINGS:
WHEREAS, the Affiant whose signature is affixed to the Affidavit which is
attached hereto at the time it is presented to and signed by me, is a Health Officer, or Code
Compliance official of the City of Dallas, and did heretofore this day subscribe and swear
to said Affidavit before me (which said Affidavit is by this reference incorporated herein
for all purposes), and whereas I find that the verified facts stated by Affiant in said
Affidavit show that Affiant has probable cause to believe that a health hazard or violation
or unsafe building condition is present in the premises sought to be inspected and
established the existence of proper grounds for the issuance of this Warrant pursuant to
Article 18.05 of the Texas Code ofCtiminal Procedure.
NOW THEREFORE, you are commanded to enter the suspected place and
premises described in said Affidavit and to there inspect the specified premise to determine
the presence of a health hazard or unsafe building condition or a violation of any health or
building regulation, statute, or city ordinance. Herein fail not, but have execution with your
return thereon, showing how you have executed the same.
'1;'3
1
CL Z J ISSUED AT (, . w o'clock _M., on this the /'- day of
___

  -------·' 2012, to certify which witness my hand this day.
Magistrate, 1)._\ la..S County, Texas
THE STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
RETURN
JUor'.i:S' OFFICE
COURT
2014 t-AJtiN ST. #210
DALLAS, TX 75201
The undersigned Affiant, being a Fire Marshall, Health Officer, or Code
Compliance Official of the City of Dallas, and being duly sworn, on oath, certifies that the
foregoing Warrant came to hand on the day it was issued and that it was executed on the
3nt day of tl1 A-:1 , 2012, at located at 818 Pemberton
Hill Road, Dallas, Texas 75217, by making the inspection directed therein.
Samples of soil, sediment, and liquid were taken and removed during execution of
the foregoing Warrant, and are currently being analyzed by a laboratory. These samples
will be used for lawful purposes unless otherwise directed by an order of the Court.

AFFIANT
SWORN TO before me, the undersigned by said
Affiant on this day of , 2012.
.
Notary Public in and for the State of Texas
My Commission expires: -.;l IY
Notary's Printed Name: Mel;(._£      
City of Dallas
May 15,2012
Sent bv email (david@davidkanepc.com) and facsimile (972-665-0100)
David L. Kane
5301 Village Creek, SuiteD
Plano, Texas 75093
Re: Serious Dallas City Code violations at 818 Pemberton Hill Road, Dallas, Texas ("the
Property")
Dear Mr. Kane:
I am writing regarding the Property, which our records indicate is leased and operated by your
clients, David Jasso and Zoila Semade de Jasso, d/b/a Progreso Fatms, LLC, d/b/a Progresso
Farms (collectively refered to as "the Jassos").
On ·wednesday, May 2, 2012, City pers01mel executed an administrative search warrant to
inspect and collect soil and water samples at the Property. This inspection and subsequent
laboratory analyses have revealed that the Property contains numerous violations of city
ordinances, many of which may create health and safety problems for the employees, customers.
neighbors, and the general public. As you know, the Jassos are responsible for maintaining the
Property in a safe and sanitary condition.
The specific violations are listed below and copies of the pertinent code sections are attached.
This letter does not purport to contain a complete list of all violations of the Dall as City Code on
the Property. Moreover, the conditions observed at the Property demonstrate that the Jassos may
be in criminal violation of state and/or federal environmental laws.
Violations of the Dallas Citv Code:
1. Water is being discharged or caused to be discharged that does not consist entirely of
stonnwater into the stormwater drainage system, waters of the United States, and state
water. Section 19-118.2(a).
2. Industrial waste is being discharged or permitted to be discharged into the stmmwater
drainage system. Section 19-118.2(f)(2).
3. Runoff and/or washdown water from an animal pen and livestock containment area is
being discharged or permitted to be discharged into the stormwater drainage system.
Section 19-118.2(£)(9).
4. An industrial facility has been operated without complying with all terms and conditions
of the multi-sector general permit or an individual NPDES or TPDES pennit. An
• • • • •  
EXHIBIT
0
1 of 5
OFFICE OF THE CITY ATTORNEY CITY HALL DALLAS, TEXAS 75201 PHONE 214-670-3519 FAX 214-670-0622
industrial facility has been operated without best management practices being used to
control and minimize the discharge into the stormwater drainage systems, waters of the
United States, and state water of any material or substance handled, stored, or g e n e r ~ t e  
by the industrial facility and any pollutant that may be attributed to those materials or
substances. Sec. 19-118.7(a).
5. The sanitary and storm drainage systems of a structure are not entirely separate. Section
1104.2 of Chapter 54.
6. A slaughterhouse, slaughter pen, yard, ground, or premise is being operated and
maintained in such a manner as to exude noxious odors or stenches, be offensive or
disagreeable, or be injurious to the health or comfort of any of the City's inhabitants.
Section 19-19(a).
7. Animals are being killed or slaughtered within the city for the purpose of selling,
bartering, donating, or using the animal's flesh for any form of human consumption.
Section 19-19(b ).
8. Vegetable or animal matter or slop, or any filth of a character likely to affect the public
health or to produce offensive smells has been deposited or placed on the premises.
Section 19-20.
9. The carcasses of your dead animals are being allowed to remain in or the property more
than six hours after their deaths. Section 19-20.
10. Green, tainted, decaying or malodorous hides are being deposited, stored, trimmed,
scoured, cured or treated on the property for periods exceeding four hours. Section 19-
21.
11. A septic tank or other private sewage facility has been allowed to become foul, offensive,
or nauseating, or in any way drain to the surface of the ground, so as to become injurious
to the public health. Section 19-92.
12. Solid waste or other waste materials are being disposed on the property other than at a
location and in a manner approved by the director of sanitation as complying with
federal, state, and local law regulating solid waste processing and disposal. Section 18-
lO(a)(l).
13. A structure has been erected, constructed, enlarged, added to, altered, repaired, replaced,
moved, improved, removed, installed, converted, demolished, equipped, used, occupied,
or maintained without a building permit being obtained from the building official.
Section 52-301.1.1.
14. There is a cellar, vault, drain, pool, privy, sewer, yard, grounds or premises on the
property that has been permitted to become, from any cause, nauseous, foul, offensive or
injurious to the public health, or unpleasant and disagreeable to adjacent residents or
persons. Section 19-17.
15. There is a collection of standing or flowing water in which mosquitoes breed or are likely
to breed on the premises. Section 19-30.
16. There is litter that has been placed, deposited, or permitted to accumulate on the premises
or in or on any gutter or parkway adjacent to the premises or on one-half of that portion
of an alley adjacent to the premises that has not been deposited in an authorized private
receptacle for collection. Section 7 A-18.
·
17. A slaughterhouse (inside industrial use- potentially incompatible) is being operated in a
district zoned Agricultural in violation of Section 51A-4.111, or in a district zoned Light
Industrial in violation of Section SlA-4.123.
18. There are holes, excavations, sharp protrusions, and other objects or conditions that exist
on the land that are reasonably capable of causing injury to a person. Section 27-
ll(a)(l).
19. The exterior surfaces of a structure are subject to decay. Section 27-ll(b)(l).
20. A structure intended for human occupancy and a structure used as an accessory to a
structure intended for human occupancy are not being maintained in a weather-tight and
water-tight condition. Section 27-ll(b)(5).
21. Floors, walls, ceilings, and all supporting structural members are not being maintained in
a sound condition, capable of bearing imposed loads safely. Section 27-ll(b)(6).
22. There are holes, cracks, breaks, and loose surface materials that are health or safety
hazards in or on floors, walls, and ceilings. Section 27-11 (b )(9).
23. Junked vehicles are being parked, left, or maintained on the property. Section 18.20(b).
24. One or more new, used, or old tires are not being kept under a roofed structure on the
premises that is sufficient to keep the tires from being exposed to rain. Section 19-
34.1(b)(l)
The City demands that the Jassos immediately address and immediately remedy the code
violations referenced above, including discontinuing the slaughterhouse use on the Property. In
addition to the fact that slaughterhouse is an illegal use at the Prop«?rty, the Jassos do not appear
to have obtained City sanitary sewer service or water service for their industrial operations at the
Property. Continued operation of the facilities at the Property without proper water and
wastewater service constitute a public nuisance and an immediate and serious threat to public
health and safety. It may also be a criminal violation of state and/or federal law, as well as under
the City Code as noted above. This letter is sent to you in the City's capacity as regulator and
enforcer of City ordinances, and is in addition to any remedies that the City may have under a
lease or other agreement.
If the Jassos fail to take all actions necessary to remedy the ordinance violations on the Property,
the City may file suit in state district court requesting injunctive and declaratory relief requiring
the Jassos to remedy these violations. The City also may seek penalties of up to $2,000 a day for
each violation, under state, local, and other law. Remedies may be Jequested under other law
and the common law if necessary and appropriate.
Please respond to this letter upon receipt confirming that the Jassos ·will immediately and
permanently cease and desist from operating a slaughterhouse at the Property and will
remain closed to the public until the Jassos remedy these code violations. Under the
circumstances, you and any other attorneys for the Jassos do not have our permission to contact
city employees directly. If you have any questions or concerns, I can be reached at 214-671-
9544 and Assistant City Attorney James McGuire can be reached at 214-670-1331. If a
satisfactory response to this letter is not received by Monday, May 21, at 5:00p.m., we will seek
all appropriate remedies under the law.
Melissa Miles
Executive Assistant City Attomey
Attachments
May 17,2012
Zoila Semade de Jasso
David Jasso
811 Pemberton Hill Road
Dallas, Texas 75217



City of Dallas
Re: Lease by and bet'Neen the City of Dallas (the "City") and Zoila Sernade de Jasson and
David Jasso ("Lessee"), dated July 1, 2010, of approximately 74.622 acres in City Blk
6239, commonly known as 811 Pemberton Hill Road, Dallas, Dallas County, Texas, (the
"Leased Premises") Lmder City Log No. TRC 202 (the "Lease")
Dear Ms. Jasso and Mr. Jasso:
Please be advised that you are in violation of a number of the tem1s, conditions and covenants of
the Lease, a copy of ·which is attached hereto as Exhibit "A". These violations include, but are
not necessarily limited to, the following:
a. You have failed to undertake all maintenance necessary to keep the Leased
Premises safe and from dete1iorating in value or condition in violation of
Paragraph 3 ofthe Lease.
b. Yom use of the Leased Premises is in violation of federal, state or local laws,
regulations, rules and orders, including without limitation, those relating to health,
safety, noise, environmental protection, waste disposal and water and air quality
in violation of Paragraph 9 of the Lease.
c. You have failed to obtain any and all necessary govemmental licenses and
permits necessary in order to use the Leased Premises for your intended purposes
in violation ofParagraph 9 of the Lease.
d. You have violated the use provision contained in Paragraph 3 ofthe Lease.
More specifically, and by way of illustration and not limitation, the Leased Premises is being
used as a slaughterhouse in violation of the City's zoning ordinance and other ordinances of the
City. Further, you have created and/or allowed to exist and continue unsafe and unsanitary
conditions on the Leased Premises as discussed in greater detail in the letter sent to you by
Assistant City Attorney Melissa Miles on May 15, 2012, a copy of which is

         
Exhibit "B".
PLAINTIFF'S
EXHIBIT
OFFICE OF THE CITY ATTORNEY CITY HALL CALLAS. TEXAS 75201 PHONE 214-670-3519 Fl>:;( 214-670-0622
b
As a result of your violation of the covenants of the Lease, your right to· occupy the Leased
Premises is forfeited and the City does hereby demand immediate possession thereof, all as
provided for by Paragraph 6a of the Lease.
Further, the City does hereby terminate the Lease pursuant to its right under Paragraph 6f of the
Lease and by reason of your breach of the Lease and demands immediate possession of the
Leased Premises. Such termination has been deemed necessary by the City by reason of your
covenant breaches described above and so the City JJ).ay begin clean-up of the Leased Premises
in connection with its use for the City's Horse Park.
In light of the forfeiture of your right to occupy the Leased Premises and termination of the
Lease, notice is hereby given and demand is hereby made that you completely vacate the Leased
Premises by 5:00 p.m. May 25, 2012 (the "Vacation Date"). You must remove all persons,
animals and personal property from the Leased Premises by the Vacation Date and you are
prohibited from re-entering the Leased Premises after that date. If you do not remove all animals
and personal property from the Leased Premises by the Vacation Date, the City will assume that
you have abandoned the animals and personal property and the City will dispose of such
property accordingly. The City assumes no liability for any damage to property that is not
removed from the Leased Premises by the Vacation Date.
In that regard, in order to ensure the safety of the animals, if any animals are not removed from
the Leased Premises by the Vacation Date, the City shall either remove the animals from the
Leased Premises and have them stored at an appropriate location or maintain the animals on site
and have a caretaker take care of the animals. You will be charged the cost of removal, storing
and caring for the animals. In addition, the City reserves the right to sell the animals if you do
not claim them and pay the costs for any removal, storage and care of the animals.
The City is also hereby notifying you that the City will begin the clean-up of the unsafe and
unsanitary conditions that you have caused on the Leased Premises and you will be charged with
the cost of that clean-up as authorized by the Lease. The City will also make demand upon your
insurance carrier that your insurance carrier pay the cost of such clean-up.
If you have not vacated the Leased Premises by the Vacation Date the City will secure the
Leased Premises to prevent your occupancy of it. If you or any of your employees or other
agents attempt to re-enter the Leased Premises after the Vacation Date you will be considered
trespassers and subject to citation or arrest.
Finally, the City does reserve any and all rights it may have under the indemnification provided
in Paragraph 6e of the Lease, as well as any other remedies it may have under the Lease, at law
or in equity.
Without in any way qualifying or limiting the City's demand for immediate possession and
termination of the Lease or extending the Vacation Date stated above, you are further notified
that the City hereby also elects (as an alternate termination of the Lease) to terminate and
discontinue the month-to-month tenancy of the Lease.
2
If you have any questions in this regard, please do not hesitate to calL
S
. /7/
mce"y M'
'/?/// /
I V'/ /'
1
/ f 'l,/ de ///c'
j /1 / /;/ ___ ~ - ~ - ~ ~ · - · ·   · · ~ - ~
91ps,tei;1he:f J. caso
SenJor Assistant City Attorney
2 1'4-670-3519 (Phone)
214-670-0622 (Fax)
chris.caso@dallascityhall.com (Email)
c: Mr. David L. Kane
David L. Kane, P.C.
5301 Village Creek, SuiteD
Plano, Texas 75093
Via Facsimile: 972-665-0100 and e-mail
Enclosures
City of Dallas
August 15, 2013
Via Facsimile, Emai4
and CMRRR #7006 2150 0005 3399 0992
Mr. David Kane, as counsel for
Mr. David Jasso
5301 Village Creek Drive, SuiteD
Plano, Texas 75093
Facsimile: (972) 665-0100
Email: david@davidkanepc.com
Via CMRRR #7006 2150 0005 33991005
Ms. Zoila Semade de Jasso
508 Odeneal Street
· Dallas, Texas 75217-4219
Re: Pre-suit notice pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety
Code § 361.344, and notice of breach of lease agreement regarding releases caused by
Mr. David Jasso's and Ms. Zoila Semade de Jasso's (collectively, the "Jassos") fmmer
operations at a 74.622-acre lot known as part of Tract 12.1, City Block 6239 also known
as 811 Pemberton Hill Road, and sometimes 818 Pemberton Hill Road, Dallas, Texas
(the "Site")
Dear Mr. Kane, Mr. Jasso, and Ms. Jasso:
I represent the City of Dallas, Texas (the "City") regarding the above-captioned matter. The
City's claims described herein arise out of the J assos' generation and illegal disposal of various
wastes (including slaughterhouse waste, construction and demolition debris, and other forms of
solid waste) during their operations on the Site, which ended around May 2012. The Jassos also
operated under the names Progreso Farms, LLC, Progresso Farms, Rancho El Progresso, and
other similar business names (these are hereinafter collectively referred to with the Jassos as
"you" or "your") during times relevant to the issues discussed in this letter. The City has not
discovered any consistency or pattern for when the J assos used one business name or another.
Subject to discovery, it appears that the Jassos and these business entities operated largely in fact
as a single undifferentiated enterprise. However, to the extent that corporate formalities were
observed, this letter constitutes notice (in addition to all previous notices) to and demand (in
addition to each previous demand) of each individual and entity identified above. This letter
comprises notice to you of a demand for the costs of investigation, removal and/or remediation at
the Site under the Texas Solid Waste Disposal Act, Tex. Health & Safety Code§ 361.344, and
the Lease Agreement between the City and the J assos.
BACKGROUND
In 2008, the City acquired several adjacent tracts of largely undeveloped and forested land
located near the intersection of South Loop 12 and Pemberton Hill Road adjacent to l j i ~ i l i ~ ~ ~ ~ ~ l  
PLAINTIFF'S
EXHIBIT
OFFICE OF THE CITY ATTORNEY CITY HALL DALLAS, TEXAS 75201 PHONE 214-670-3519 FAX 214-670-0622
:p
August 15, 2013
Page 2 of4
River in Dallas, Texas, including the Site. See Exhibit A (map depicting the Site). At that time,
you were a holdover tenant operating a small-scale ranching operation at the ·site. In an effort to
discourage vandals or others who might disturb the area during City ownership, the City allowed
you to occupy the Site for the small-scale ranching operation on a month-to-month basis. To
memorialize that agreement and purpose, the J assos executed a Lease Agreement with the City·
effective July 1, 2010 (attached as Exhibit B, hereinafter referred to as the "Lease Agreement").
However, it soon became apparent that you were illegally operating a slaughterhouse business at
the Site. City personnel conducted multiple inspections of the Site, including execution of an
administrative search warrant on May 2, 2012. During these inspections, the City confirmed the
presence of your illegal slaughtering operation and your failure to operate in a safe and sanitary
manner. Additionally, the City discovered that you disposed of various waste materials
(including slaughterhouse waste, construction and demolition debris, and other forms of solid
waste) on the Site without any proper permit or authorization. In response, on May 15, 2012,
Executive Assistant City Attorney Melissa Miles sent the J assos a letter on behalf of the City
identifying numerous code violations relating to your operations and environmental
noncompliance (attached as Exhibit C without attachments from original letter). Ms. Miles'
letter identified the relevant sections of the Dallas City Code and demanded that you cease all
violative conduct and address the code and environmental issues. Subsequently on May 22,
2012, Senior Assistant City Attorney Christopher Caso sent the Jassos a letter on behalf of the
City terminating the Lease Agreement pursuant to its terms and demanding that you leave the
Site immediately based on your violations of covenants and other provisions in the Lease
· Agreement. See Exhibit D (without attachments from original letter).
· RELEASES CAUSED BY YOUR OPERATIONS
To identify potentially impacted soils and groundwater, the City performed an environmental site
assessment and a subsurface investigation of soil and groundwater conditions in late 2012 and
early 2013 just after you were removed from the Site. These investigations identified recognized
environmental conditions caused by you, including but not limited to a large area of dumped fill
material in the north-central portion of the Site and various debris piles that you generated. See
Exhibit A (fill material located at and around the "PAH PCLE ZONE" depicted on map).
Sampling of the fill material identified exceedences of regulatory screening levels for
polyaromatic hydrocarbons ("PAHs") including benzo(a)pyrene, benzo(b)fluoranthene,
benzo(a)anthracene, dibenz(a,h)anthracene, indeno(1,2,3-c,d)pyrene, and 1-methyl napthalene.
In addition to the P AH impacts, the fill material also include construction debris, slaughterhouse
waste, and other forms of solid waste. The City's investigation also identified the presence of ·
nitrates in shallow soils associated with your operations. The nitrate-impacted soils had to be
delineated in the area adjacent to an open 55-gallon drum filled with an unknown, organic
substance (see area of Exhibit A labeled "OPEN 55-GALLON DRUM").
The areas of fill and soil contamination are being addressed through the Voluntary Cleanup
Program ("VCP"), a state regulatory program run by the Texas Commission on Environmental
·Quality ("TCEQ") to facilitate cleanup of contaminated properties in Texas. The City prepared
and submitted to TCEQ an addendum to the Affected Property Assessment Report ("AP AR")
August 15, 2013
Page 3 of 4
documenting the City's investigation and recommendations regarding the releases and impacts at
the Site in April 2013. TCEQ also required a Response Action Plan ("RAP") to detail the
actions required at the Site. TCEQ approved the City's addendum to the AP AR on April 24,
2013, and approved the City's RAP on April 25, 2013. It is expected t4at the City will conduct
the activities described in the RAP, thereby addressing the environmental issues you caused ;:tt
the Site, over the next several months. At the conclusion of the VCP process, the City will
receive a Certificate of Completion representing TCEQ' s approval that the Site is protective of
human health and the environment.
To address concerns regarding potential asbestos containing materials ("ACMs") in debris piles
generated and added to by your operations, the City conducted an asbestos survey of debris piles,
asbestos abatement plan prior to demolition, air monitoring during abatement, and abatement
oversight during demolition. ACMs were identified in multiple debris piles. The City's actions
were necessary to ensure, and did ensure, that the ACMs, potential ACMs, and other solid waste
materials you illegally disposed on the Site were properly abated and/or disposed without harm
to human health or the environment.
YOURBREACHESOFTHELEASEAGREEMENT
The Lease Agreement provides that "the City may, at its option, clean the [Site]" of "any
discharge, leakage, spillage, emission, or pollution of any type ... due to Lessee's use and
occupancy thereof." Lease Agreement <]I 6(g). The City has elected to clean the Site.
Accordingly, the Lease Agreement requires you to promptly pay for the City's reasonable costs
of cleanup. In addition, Mr. Caso's May 22, 2012 letter to the Jassos, (Exhibit D) discussed
above, stated that the City was "hereby notifying you that the City will begin the clean-up of the
unsafe and unsanitary conditions that you have caused on the [Site] and you will be charged with
the cost of that clean-up as authorized by the Lease." Mr. Caso's letter is incorporated herein for
all purposes. Your breaches of the Lease Agreement as described in that letter have also
damaged the City in amounts in addition to the cleanup costs incurred.
COST RECOVERY UNDER TEXAS SOLID WASTE & DISPOSAL ACT ("SWDA")
The SWDA authorizes cost recovery actions by a person who conducts a removal or remedial
action that is approved by TCEQ and is necessary to address a release or threatened release.
Tex. Health & Safety Code § 361.344(a). A "release" is defined in the SWDA, in part, as "any
spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment." ld. § 361.003(28). Each of you is a
person responsible for solid waste pursuant to the SWDA. See id. § 361.271(a)(2), (3) ("a person
is responsible for. solid waste if the person ... owned or operated a solid waste facility at the
time of processing, storage, or disposal of any solid.waste ... [or] arranged to process, store, or
dispose of ... solid waste owned or possessed by the person"). Through the actions described
above, the City intends to eliminate the releases that you have caused at the Site, and the City has
sought and received (and will continue to seek and receive) TCEQ approval at every appropriate
juncture. Accordingly, you are liable for the costs the City has incurred in removing and/or
remediating your releases.
August 15, 2013
Page4 of4
* * *
As set forth above, this letter comprises 'notice to you of a demand for the costs of investigation,
removal andfor remediation at the Site under the SWDA and the Lease Agreement. Although the
City reserves the right to revise and/or supplement this estimated amount, the City's preliminary
estimate of its response costs for addressing your releases at the Site is approximately $300,000
to $350,000. The City therefore respectfully demands immediate payment of $300,000, with any
further balance owed to the City be paid immediately by you when you receive notice of the full
amount of reimbursable costs. If you fail to pay the City $300,000 by September 15, 2013, the
City will take all necessary and proper steps to recover its damages from you.
Please note that in addition to the Lease Agreement and statutory provisions referred to herein,
the City may also seek actual property damages, response costs, and costs of litigation including
attorneys' fees and pre-judgment and post-judgment interest to the fullest extent allowable under
Texas law, federal law, and/or the common law.
Regards,
.   s ~ ~
· ~
James B. McGuire
Assistant City Attorney, City of Dallas
214-670-1331
cc: Melissa Miles, Executive Assistant Attorney
Christopher Caso, Senior Assistant Attorney
City of Dallas Zoning
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City Boundaries
County
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DISD Sites
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Council Districts
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Waterways
1117
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fd 100 Flood Zone
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h)x PROTECTED BY LEVEE
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EXHIBIT
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The data on this website do not constitute the official zoning map of the City of Dallas. We make every effort to ensure this data Is accurate and
complete, but this website should not be relied on as a substitute for the official version. No development activity should be started without reference
to the official version. The official version may be obtained by contacting the Sustainable Development & Construction Department.
This website may not contain the most recent changes to zoning, though updates are typically made within a week of an ordinance being passed by
City Council.
If you need assistance with the website, please contact the GIS section of the Sustainable Development & Construction Department at (214) 670-3895.
Questions about zoning or other development related topics should be directed to the Building Inspection Division of the Sustainable Development &
Construction Department at (214) 948-4480. The majority of data available on this website Is maintained by the City of Dallas Sustainable
Development & Construction Department, with a few Important exceptions. The Wet/Dry data is provided by each of the five counties that contain a
portion of the City of Dallas. Questions regarding this data should be directed to the appropriate county. The floodplain information is provided by the
City of Dallas Trinity Watershed Management Department, Floodplain and Drainage Management Division. They are located at 320 E Jefferson Blvd,
Room 307, and can be reached at (214) 948-4690.
COD00005
/
.:,
\
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"'

 
Cause No. t2-l'f;1o
ORIGINAl
CITY OF DALLAS,
Plaintiff
V.
§
§
§
§
§
DAVID JASSO, JR. §
and
§
1117 PEMBERTON HILL ROAD in rem, §
Defendants §
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
8-'/<{ DISTRICT
AGREED TEMPORARY RESTRAINING ORDER
On this, the 7th day of December, 2012, came to be heard the City of Dallas'
Request for Temporary Restraining Order. Defendant David Jasso, Jr. ("Defendant
Jasso") did/did not appear.
Based on the evidence presented and the agreement of the parties, as evidenced by
their signatures below, it appearing to the Court that there is good cause to enter the
following order: IT IS ACCORDINGLY AGREED AND ORDERED that the Temporary
Restraining Order requested by the City herein is hereby in all things GRANTED.
IT IS FURTHER AGREED AND ORDERED THAT Defendant Jasso, his
employees, servants, contractors, successsors and assignees, and any person(s) acting in
concert or as active participants with Defendant Jasso who receive actual notice of this
Order by personal service or otherwise, are immediately enjoined from I) placing or
allowing to be placed fill material onto any part of the Property that is inside the 100-year
floodplain without the approval of the City's Director of Trinity Watershed Management;
2) placing or allowing to be placed onto the Property trash and debris; and 3) placing or
allowing to be placed onto any part of the Property five truckloads or 50 cubic yards of
fill material within a twelve month period without obtaining a specific use pennit.
PLAINTIFF'S
EXHIBIT
H-
'fEMrOIMRV Rv.STRAINING
I
.--'" ......
~       \.
'''\ .
FURTHER, the Parties AGREE, pursuant to Rule I 1 of the Texas Rules of Civil
Procedure that this Temporary Restraining Order will be effective until January 11,2013,
or until further order of this Court.
FURTHER, since Plaintiff is a municipality, pursuant to Section 6.02 of the Texas
Civil Practices and Remedies Code, IT IS ORDERED that Plaintiff is not required to file
any bond with the Clerk.
IT IS FURTHER AGREED that Defendant waives personal service of this Order.
IT IS FURTHER ORDERED that David Jasso, Jr. appear before this Court in the
------ Judicial District Courtroom in the Dallas County Courthouse, Dallas,
Texas at o'clock
on the _____ day of _____ , 2012, and then
and there show cause, if any, why this temporary restraining order should not be made a
Temporary Injunction, and for all other matters addressed in the City's Petition until the
final hearing of this case.
IT IS FURTHER ORDERL:D that this cause be set for trial on the n the
Texas at o'clock
Meli Miles,
Attorney for City of Dallas, Plaintiff
1'1(1\Jl'ORARY RF.ST!IAINING ORDER
-----' 2012.
JUDGE ESIDlNG
AGtJ- 4-----
D r.dKa l
av1 ne,
Attorney for David Jasso, Jr.,
Defendant
CITY OF DALLAS,
Plaintiff
v.
.
 
Cause No. 12-14270
§
§
§
§
§
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
DAVID JASSO, JR. §
md
§
1117 PEMBERTON HILL ROAD, in rem, §
Defendants § 44th JUDICIAL DISTRICT
AGREED TEMPORARY INJUNCTION
COMES NOW, the City of Dallas, Plaintiff, and Defendants, David Jasso, Jr., and 1117
Pemberton Hill Road, in rem, and submit this Agreed Temporary Injunction (the "Injunction")
for entry by the Court. Upon consideration of the pleadings and the agreement by the parties
evidenced by their signatures below, the Court finds good cause to enter this Agreed Temporary
Injunction.
Further, the Court hereby finds the following:
1. The City of Dallas is a home-rule municipal corporation situated mainly in Dallas County,
Texas, incorporated and operating under the laws of the State of Texas.
2. Venue is proper md this Court has jurisdiction pursuant to Section 54.013 of the Texas Local
Government Code.
3. Defendant, David Jasso, Jr., ("Defendant Jasso" or "Jasso"), is an individual who owns and
controls the property within Dallas County which is legally described as a tract of 7.6 acres
of land in the John Beeman Survey, Abstract No. 97, City of Dallas Block 6239, Dallas
County, Texas, and more commonly known as 1117 Pemberton Hill Road, Dallas, Texas (the
"Property"). The Property is also being sued in rem. The Property, located in Southeast
Dallas, is adjacent to Stream 5B 1 that flows into White Rock Creek, which then flows to the
PLAINTIFF'S
Agreed Temporary Injunction -- Page I
City of Dallas v. David Jasso, Jr. and 1117 Pembenon Hill Rd. , in rem
EXHIBIT
j -r
Trinity River. The northwest comer of the Property is in the 100-year floodplain. The 100-
year floodplain is defined in Section 51A-5.101(a)(l7) of the Dallas City Code as that area of
land where "the flood [has] a one percent chance of being equalled or exceeded in any given
year." On the Property, Jasso has placed or allowed to be placed more than five truckloads
or 50 cubic yards of fill material in a twelve-month period, including in the area of the
Property that is in the floodplain. Filling in the floodplain creates a substantial danger of
flooding for neighboring and downstream properties.
4. Fill material is defined as non-hazardous earth material under Section 51A-4.206(5)(A) of
the Dallas City Code. Placement of fill material in the 100-year floodplain is regulated by
the City's Trinity Watershed Management department. Before fill is brought onto the
floodplain, a person must obtain approval from the City's Director of Trinity Watershed
Management pursuant to Section 51A-5.105(a) of the Dallas City Code.
5. Jasso has placed or allowed to be placed fill material in the northwest comer of the Property,
which is located inside the 100-year floodplain. Jasso did not apply for and thus did not
obtain the necessary approval from the City to place fill material onto the floodplain.
6. For land that is not in the 100-year floodplain, a zoning change through a specific use permit
is required under Section SlA-4.206(5) of the Dallas City Code if placement of fill material
on a property exceeds five truckloads or 50 cubic yards of fill material (whichever is less)
during any twelve-month period.
7. For those portions of the Property that are outside the 100-year floodplain, Jasso has placed
more than five truckloads or 50 cubic yards of fill material during a twelve-month period.
Defendant Jasso did not apply for and was not approved for a specific use permit.
Agreed Temporary Injunction -- Page 2
City of Dallas v. David Jasso, Jr. and 1117 Pemberton Hill Rd., in rem
8. For any solid waste on the Property, "solid waste" is defined, under Section 51A-
2.102(131.1) of the Dallas City Code, as:
garbage; refuse; sludge from waste treatment plants, water supply treatment plants, and
air pollution control facilities; and other discarded material, including solid, liquid,
semisolid, or contained gaseous material, resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community and institutional
activities. Solid waste does not include: (i) solid or dissolved material in domestic
sewage, solid or dissolved material in irrigation return flows, or industrial discharges
subject to regulation by permit issued pursuant to Chapter 26, Water Code; (ii) soil, dirt,
rock, sand, and other natural or manmade inert solid materials used to fill land to make it
suitable for the construction of surface improvements; (iii) Waste materials resulting
from activities associated with the exploration, development, or production of oil or gas
which are subject to control by the Texas Railroad Commission.
9. The above-cited provisions of the Dallas City Code relate to:
a. zoning that provides for the use of land or classifies the parcel of land according to the
municipality's district classification scheme; and
b. conditions caused by accumulation of refuse, vegetation, or other matter that creates
breeding and living places for insects and rodents.
10. Jassos's actions described above have created a substantial danger of injury or an adverse
health impact to persons other than Jasso and to property other than the Property described
here that is owned by Jasso.
IT IS THEREFORE AGREED AND ORDERED that pursuant to Section 54.016 of the
Texas Local Government Code, Defendant Jasso, his employees, servants, contractors,
successors and assignees, and any person(s) acting in concert or as active participants with
Defendant Jasso who receive actual notice of this Injunction shall do the following with regard to
the Property:
a. Immediately cease placing or allowing to be placed fill material on that portion of
the Property that is in the 100-year floodplain without first obtaining a valid
Agreed Temporary Injunction-- Page 3
City of Dallas v. David Jasso, Jr. and 1117 Pemberton Hill Rd., in rem
permit from the Director of Trinity Watershed Management pursuant to Dallas
City Code Section SlA-5.105;
b. Immediately cease placing fill material or permitting to be placed fill material
anywhere on the Property without first obtaining a specific use permit pursuant to
Dallas City Code Section 51A-4.206(5);
c. Remove all solid waste, if any, on the premises that is not in authorized private
receptacles for collection on or before Monday, April 8, 2013, and continue to
remove solid waste as it accumulates;
IT IS FURTHER AGREED AND ORDERED that Defendant Jasso shall ensure that all
necessary permits are obtained prior to carrying out the actions required by this Order and that
the Property is maintained in accordance with the Dallas City Code and all applicable codes and
statutes.
IT IS FURTHER AGREED AND ORDERED that the City of Dallas, through its
agents, may enter the Property and inspect the Property at any time with or without notice to
Defendant 1 as so.
IT IS FURTHER AGREED AND ORDERED that Defendant Jasso shall provide notice
of this Injunction to any subsequent holder, successor in interest, purchaser, or owner, and
inform such subsequent holder, successor in interest, purchaser, or owner that he or she shall be
bound by the terms and conditions contained within this Injunction.
IT IS FURTHER AGREED AND ORDERED that the parties waive any further findings
of fact with regard to the issuance of this Injunction, and agree that this Injunction is sufficiently
clear to comply with the requirements of Texas Rule of Civil Procedure 683.
IT IS FURTHER AGREED that Defendant waives personal service of this Order.
Agreed Temporary Injunction-- Page 4
City of Dallas v. David Jasso, Jr. and 1117 Pembenon Hill Rd., in rem
1Q:.52 From: To:9726650055
6.02 of the Texas Civ.il. Pr.actic.cs and Remedies the Cily is not required to tlle any bond
wilh the.
Th<· Pctrilan<nl lnjiJnclivn H<arillg and Full Trial nn the is. set f.or.
(
ct: · {;, ·· ·
2.0 13. at   in the 44th Distric,r C9\lr.t of Dallal\.
County, Texns.
AGREED AS TO FORM AND SUBSTAN_CE:
AttaJmcy f.or Plnintiff, City of Dalla.."
-···
Oav•d
Attorney for Defe.ndanrs, David Jetsso, Jr. nnd 1117 Pcmh'enon Hiil Rood, in r(!m
Agreed Tc.mp()rary InJunction -· Page 5
City nf Oaon:f v. Ja,l(.w, I r. llllrl U 17 P {'.mherum Hill J?d .•. in rem
§ SlA-4.206
Dallas Development Code: Ordinance No. 19455, as amended
§ SlA-4.206
this definition is subject to interpretation by the
Texas Water Commission.]
(B) Districts permitted: By right in
the IM district when operated as a hazardous waste
incinerator; otherwise by right in IR and IM districts.
(C) Required off-street parking: One
space per 1,000 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET
aoQR AREA IN SIRUCTIJRE
0 to 50,000
50,000 to 100,000
Each additional 100,000
or fraction thereof
TOTAL REQUIRED
SPACES OR BERTHS
1
2
1 additional
(E) Additional provisions:
(i) This use must fully comply
with all applicable local, state, and federal laws
and regulations.
(ii) This use must not be located
within 1,000 feet of an established residence, church,
school, or dedicated public park which is in use at
the time the notice of intent to file a hazardous waste
permit application is filed with the Texas Water
Commission, or if no such notice is filed, at the time
the permit application is filed with the commission.
(iii) This use shall at all times be
considered a separate main use. This use cannot be an
accessory use within the meaning of Section
51A-4.217.
(iv) When operated as a
hazardous waste incinerator, this use must front on a
principal arterial and be located:
(a a) on a lot that is no
(dd) at least one mile from
all lots containing medical/ infectious and
pathological waste incinerators; and
(ee) at least 1,500 feet from
all lots containing residential; public or private
school; church; public park, playground, or golf
course; convalescent or nursing home; medical clinic or
ambulatory surgical center; and hospital uses.
(v) No outside storage is
permitted in   with this use when it is
operated as a hazardous waste incinerator.
(vi) In the event of a conflict
between these use regulations and any other provision
in this chapter, these use regulations control.
(5) Placement of fill material.
(A) Definition: The placement or
deposit of fill material, which is composed of
nonhazardous earth material. This does not include
industrial or municipal waste as defined in Chapter
18 of the Dallas City C:ode, as amended or solid
waste as defined in 51A-2.102 of the Dallas
Development Code, as amended. For the purposes of
this paragraph:
( i) Hazardous earth material
means: earth material containing hazardous
material, as defined in Title 49 of the Code of
Federal Regulations.
(B) Districts permitted: Except as
otherwise provided in this paragraph, by SUP in all
districts.
(C) Required off-street parking:
None.
smaller than five acres in size;
None.
(D) Required off-street loading:
(bb) at least 200 feet from the
lot line;
(cc) at least two miles from
all lots containing municipal and hazardous waste
incinerators;
(E) Additional provisions:
( i) In addition to the findings
required by Section 51A-4.219 of this chapter, a
. specific use permit may not be granted for this use
except upon a finding that the placement of fill
material:
Dallas City Code
212
9/02
§ 51A-4.206 Dallas Development Code: Ordinance No. 19455, as amended § SlA-4.206
(aa)will not adversely affect
surrounding uses;
(bb) will be conducted in a
manner which eliminates unnecessary dust, noise and
odor;
(cc) will not damage any
public improvement or public infrastructure as a result
of the filling operation;
(dd) will not be placed in a
flood plain, escarpment or geologically similar area
unless authorized in accordance with the Dallas City
Code;
( ee) will not alter drainage
of the property that adversely affects the site or
adjacent properties;
(ff) will be accomplished
with safe and adequate ingress and egress to the site;
and
(gg) will not damage or
destroy any protected trees during the filling
operation unless mitigation measures are provided in
accordance with Article X of the Dallas
  Code.
(ii) Automatic renewal. A
specific use permit granted for this use is not eligible
for automatic renewal.
(iii) Exemptions from the specific
use permit requirement. Placement of fill material is
permitted by right in all districts if it:
(a a) is incidental to on-site
filling operations necessary to the development of a
subdivision pursuant to an approved plat and a
private development contract executed with the city;
(bb) is for the site where the
filling is being done and in connection with one of the
following approved permits: permit for construction,
fill permit, escarpment permit, excavation permit, or
landscape permit;
(cc) is incidental to on-site
filling operations necessary for governmental or
utility construction projects such as streets, alleys,
drainage, gas, electrical, water, cable, and telephone
facilities, and similar projects;
(dd) is incidental to on-site
filling operations necessary to the construction of
paving for parking areas and similar activities
consistent with the allowed land use; or
(ee) does not exceed five
truck loads or 50 cubic yards of fill material,
whichever is less, during any 12 month period. For
purposes of this provision, a truck is defined as a
truck-tractor, road tractor, semi-trailer, trailer or
truck with a rated capacity in excess of one and one-
half tons according to the manufacturer's
classification.
Note: If the placement of fill material
exceeds the level stated above in provision
(E)(iii)(ee) and does not qualify for an
exemption, the operator of the use must file
an application for a specific use permit.
(iv) Operations plan. An
applicant shall submit to the director of sustainable
development and construction an operations plan
which includes:
(a a) hours of operation;
(bb) location and depth of
fill;
(cc) fences or any other
barriers necessary for safety and screening;
(dd) drainage and erosion
control measures, if required;
(ee) means for protection of
trees;
(ff) truck routes to be used
(usage of truck routes must be in compliance with
Article X of Chapter 28 of the Dallas City Code);
Dallas City Code
4/11
212A
§ 51A-4.206 Dallas Development Code: Ordinance No.19455, as amended § SlA-4.206
(gg) the length of time
necessary to complete the filling;
(hh) sufficient ingress
and egress to and from the site; and
(ii) any other information
the director determines is reasonably necessary for a
complete review of the proposed filling operations.
(v) Illegally deposited
material. Any material illegally deposited in the
placement of fill material must be removed within 60
days after notice from the director of the Department
of Streets, Sanitation and Code Enforcement.
( 6) Temporary construction or sales office.
(A) Definition: A facility
temporarily used as a construction or sales office.
(B) Districts permitted: By right in
all residential and nonresidential districts except the
P(A) district.
(C) Required off-street parking:
None. No handicapped parking is required.
(D) Required off-street loading:
None.
(E) Additional provisions:
(i) A temporary construction or
sales office must be located on a platted lot or on a
site that is part of a preliminary plat approved by
the commission.
(ii) The building official shall
issue a temporary certificate of occupancy for a period
of one year for a temporary construction or sales
office. The building official may grant up to four
extensions of six months each to the certificate of
occupancy for a construction office if the builder
maintains active or continuous construction on the site
or within the subdivision, and for a sales office if a
minimum of ten lots in the subdivision are unsold.
(iii) A temporary construction or
sales office may not be located in another subdivision
or used for construction or sales in another subdivision.
(Ord. Nos. 19455; 19786; 20478; 20493; 21002; 22996;
23239;24232;25047;28073)
[Chapter 51A continues with § SlA-4.207
beginning on page 213]
-
Dallas City Code
212B
4/11
§ 51A-5.105 Dallas Development Code: Ordinance No. 19455, as amended § 51A-5.105
(C) If the city council approves a fill
permit application, the FP designation for the filled
area may be removed from the official zoning district
map upon compliance by the applicant with the
specifications for filling.
( 6) Zoning map revision. Upon compliance
with all applicable requirements of this section by
the applicant, the director of Trinity watershed
management shall notify the director of sustainable
development and construction, who shall remove the
FP designation for the filled area from the official
zoning district map.
(7) Letter of Map Revision (LOMR}. A
letter of map revision must be obtained from FEMA, if
applicable, before an FP prefix may be removed from
the official zoning district map. A building permit
may be issued for construction of underground utilities
if a conditional letter of map revision (CLOMR) is
obtained; however, no building permit for construction
of a structure may be issued until a final letter of map
revision (LOMR) is obtained.
(f) Removal of an FP designation from an
interior drainage area.
(1) Review of application by director. The
director of Trinity watershed management may
approve an application for removal of the FP
designation in interior drainage areas if:
(A) the director determines the subject
area is no longer at risk for flooding based on
minimum fill and finished floor elevation;
(B) removal of the FP designation
will not negatively affect valley storage; and
(C) the removal of the FP designation
is for the purpose of constructing structures that
conform to existing zoning.
(2) Notification signs not required. The
applicant is not required to post notification signs.
(3) Zoning map revision. A letter of map
revision must be obtained from FEMA, if applicable,
before an FP prefix may be removed from the official
zoning district map. A building permit may be issued
for construction of underground utilities if a
,. ; .   .   ~ '·l'r"· rC rrnn nvision is Obtained;
362
however, no building permit may be issued until a
final letter of map revision is obtained. Upon
approval and receipt of a letter of map revision, the
director of Trinity watershed management shall
notify the director of sustainable development and
construction, who shall remove the FP designation for
the subject area from the official zoning district map.
(g) Filling operations. If the city council
approves a fill permit, the filling operations must
comply with the following requirements:
(1) Any excavation required by the
specifications of the approved application must be
conducted before or at the same time as placing fill.
(2) Building pad sites must be filled to an
elevation of at least two feet above the design flood
elevation.
(3) The lowest floor of any structure must
be constructed at least three feet above the design
flood elevation.
(4) Fill material must consist of natural
material including but not limited to soil, rock,
gravel, or brQken concrete. Decomposable matter,
including but not limited to lumber, sheetrock, trees,
tires, refuse, or hazardous, toxic matter, is prohibited
as fill material. Fill must be compacted to 95 percent
standard proctor density.
(5) Before construction, erosion control
devices such as straw hay bales, silt fences or similar
items must be installed to eliminate any
transportation of sediment downstream. The
property owner is responsible for removal of any
sediment deposited by runoff as a result of filling.
(6) If compliance with a National
Pollutant Discharge Elimination System (NPDES)
permit is required for construction activities, a copy of
the Notice of Intent (NOI) or the individual NPDES
permit must be submitted to the director of Trinity
watershed management before beginning fill
operations.
(7) Fill shall be placed no more than five
feet above the design flood elevation, except where
necessary to match the existing elevation of the
adjacent property as determined by the director of
Trinity watershed management. In determining when
9/12
§ 51A-5.105 Dallas Development Code: Ordinance No.19455, as amended § 51A-5.105
SEC. 51A-5.105. FILLING IN THE FLOOD
PLAIN.
(a) Permit required.
(1) A person shall not deposit or store fill,
place a structure, excavate, or engage in any other
development activities in an FP area without first
obtaining:
(A) a fill permit or an FP alteration
permit from the director of Trinity watershed
management; and
(B) all other permits required by
county, state, and federal agencies.
(2) A fill permit allows the property to be
developed at a specified elevation in compliance
with this section.
(3) The director of Trinity watershed
management shall maintain a record of all fill
permits and FP alteration permits.
(b) Flood plain alteration permit. The director
of Trinity watershed management may issue a flood
plain alteration permit if he or she determines that:
(1) the alteration does not remove an FP
designation; and
(2) the alteration complies with all
applicable engineering requirements in Subsection (g).
(c) Initiation of fill permit process.
(1) Application. An applicant for a fill
permit shall submit an application to the director of
Trinity watershed management on a form approved
by the director and signed by all owners of the
property.
(2) Notification signs. Except as provided
in Section 51A-5.105(f)(2), an applicant is responsible
for obtaining the required number of notification signs
and posting them on the property that is subject of the
application. Notification signs must be obtained from
the director of Trinity watershed management at the
time the application is made.
(A) Number of signs required. For
tracts of five acres or less, only one notification sign is
required. An additional notification sign is required
for each additional five acres or less, except that no
applicant is required to obtain and post more than
five notification signs on the property, regardless of
its size.
(B) Posting of signs. The applicant
shall post the required number of notification signs on
the property at least 15 days before the date of the
scheduled public hearing before the city council. The
signs must be posted at a prominent location adjacent
to a public street and be easily visible from the street.
(C) Failure to comply. If the city
council determines that the applicant has failed to
comply with the provisions of this section, it may
postpone the public hearing.
(d) Preapplication conference.
(1) An applicant for a fill permit shall
request a preapplication conference with
representatives from the department of Trinity
watershed management.
(2) At the preapplication conference, the
director of Trinity watershed management shall
determine what information is necessary for a
complete evaluation of the proposed fill project. The
director may require the applicant to submit all
necessary information, including, but not limited to
the following:
(A) A vicinity map.
(B) The acreage figures for the entire
tract, the area located in the flood plain, and the
area proposed to be filled.
(C) A description of existing and
proposed hydrologic and hydraulic analysis
conducted.
(D) A landscape and erosion control
plan. The landscape plan must comply with the
Landscape and Tree Preservation Regulations in
Article X of the Dallas Development Code, as
amended.
Dallas City Code
360
9/12
§ 51A-4.201
Dallas Development Code: Ordinance No. 19455, as amended § 51A-4.201
Division 51A-4.200. Use Regulations.
SEC. 51A-4.201. AGRICULTURAL USES.
(1) Animal production.
(A) Definition: An area which is used
for the raising of animals (including fish) and the
development of animal products on a commercial
basis. Typical uses include beef or sheep ranching,
dairy farming, piggeries, poultry farming, and fish
farming.
(B) Districts permitted: A(A)
district.
(C) Required off-street parking: Two
spaces. No handicapped parking is required.
(D) Required off-street loading:
None.
(E) Additional provisions:
(i) A person shall not operate
this use upon an area less than three acres.
(ii) Animals include but are not
limited to pigs, chickens, turkeys, cows, sheep, goats,
and horses.
(iii) Structures may be erected for
a private stable, pen, barn, shed, or silo for raising,
treating, and storing products raised on the premises.
A dwelling unit is permitted either as part of this
structure or as a separate structure.
(iv) Standings under roofed
stables must be made of a material that provides for
proper drainage so as not to create offensive odors, fly
breeding, or other nuisances.
(v) The keeping of horses is
subject to the requirements under the private stable
accessory use.
(vi) Fences for pens, corrals, or
similar enclosures for livestock must be of sufficient
height and strength to retain the animals. No pen,
corral, fence or similar enclosure may be closer than 20
feet to an adjacent property line. The widths of
alleys, street rights-of-way, or other public
rights-of-way may be used to calculate the 20 foot
requirement.
(vii) The regulations under this
use do not apply to government agencies,
governmentally supported organizations, or
educational agencies that keep and maintain animals
for health research or similar purposes, nor do these
regulations apply to special events such as circuses
and livestock exhibitions which are otherwise
regulated by the city.
(2) Commercial stable.
(A) Definition: A facility for the
business of boarding horses or renting horses to the
public.
(B) Districts permitted: A(A)
district.
(C) Required off-street parking: One
space for each two stalls. If more than ten off-street
parking spaces are required for this use, handicapped
parking must be provided pursuant to Section
SlA-4.305.
(D) Required off-street loading:
None.
(E) Additional provisions:
(i) This use does not include
sales, auction, or similar trading activity.
( 3) Crop production.
(A) Definitions. In this paragraph:
(i) COMMUNITY GARDEN
means an area of land managed and maintained by a
group of individuals to grow and harvest food crops
and/ or ornamental crops for personal or group use,
consumption, or donation. Community gardens may be
divided into separate plots for cultivation by one or
more individuals or may be farmed collectively by
members of the group and may include common areas
maintained and used by group members.
185
§ SlA-4.213 Dallas Development Code: Ordinance No. 19455, as amended § SlA-4.213
for the primary purpose of wholesale trade, display,
anq distribution of products.
(ii) OFFICE SHOWROOM
COMPONENT means the portion of this use which
provides area for the regular transaction of business
and for the display of uncontainerized merchandise
in a finished building setting.
(B) Districts permitted: By right in
CS, industrial, central area, MU-3, and MU·3(SAH)
districts.
(C) Off-street parking:
( i) Required off-street parking:
(a a) Office: One space per
333 square feet of floor area.
(bb) Showroonv'warehruse:
One space per 1,000 square feet of floor area.
(ii) If more th;m ten off-street
parking spaces are required for this use, handicapped
parking must be provided pursuant to Section
51A-4.305.
(D) Required off-street loading:
SQUARE FEET OF-
FLOOR AREA IN SIRUcnJRE
1 to 10,000
10,000 to 50,000
50,000 to 100,000
Each additional 100,000
or fraction thereol
TOTAL REQUIRED
SPACES OR BERUI$
NONE
I
2
1 additional
(E) Additional provisions:
(i) Retail sales of products
which are sold at wholesale on the premises are
permitted as a part of this use.
( i i) In the MU-3 and MU-3(SAH)
districts, the office showroom component of this use
must comprise at least 25 percent of the total floor
area of the use.
(9) Outside s t o r a ~  
(A) Definition: A lot used for the
outside placement of an item for a period in excess of·
24 hours. Outside placement includes storage in a
structure that is open or not entirely enclosed.
(B) Districts permitted: By right in
CS, industrial, and central area districts. Screening
required in CS, LI, IR, and central area districts. RAR
required in CS and industrial districts.
(C) Required off-street parking: One
space for each 2,000 square feet of site area exclusive
of parking area; a minimum of one space is required.
If more than ten off-street parking spaces are required
for this use, handicapped parking must be provided
pursuant to Section 51A-4.305.
(D) Required off-street loading:
SQUARE FEET OF
FLOQR AREA IN SIRUCOJRE
0 to 10,000
10,000 to 50,000
50,000 to ·100,000
Each additional 100,000
or fraction lhereol
TOTAL REQUIRED
SPACES OR BERUfS
NONE
I
2
I additional
(E) Additional provisions:
( i) A person shall not place,
store, or maintain outside for a period in excess of 24
hours, an item which is not:
(aa) customarily used or
stored outside; or
(bb) made of a material that
is resistant to damage or deterioration from exposure
to the outside environment.
(i i) Except as otherwise provided
in this article, outside storage is considered to be a
separate main use if it occupies more than five
percent of the lot. Outside storage on less than five
percent of the lot may qualify as an accessory use ifit
is customarily incidental to a main use. See Section
SIA-4.217.
(iii) Outside storage is prohibited
in required yards, landscaping areas, and parking
areas.
3/04
§ 18-12
Municipal Solid Wastes
§ 18-12
the property line and the center line of an adjacent
alley.
(b) An owner, occupant, or person in control of
private premises commits an offense if he places,
deposits, or throws; permits to accumulate; or permits
or causes to be placed, deposited, or thrown, solid
waste material on those premises in a manner or
location that is in violation of this article.
(c) City authorized to collect and remove
solid waste materials. Upon the failure of the owner,
occupant, or person in control of private premises to
comply with Subsection (b) of this section, or upon the
written request and authorization of the owner after
notification under Subsection (d) of this section, or
upon a determination by the city health officer that
the conditions constitute an immediate health
hazard, the director shall have the solid waste
materials collected and removed from the premises.
(d) Notice to remove.
(1) Before removing illegally-deposited
solid waste material from private premises, the
director must notify the owner of the premises to
remove the solid waste material within seven days.
This notice must be in writing and may be served by
handing it to the owner in person or by sending it
United States regular mail, addressed to the owner at
the owner's address as recorded in the appraisal
district records of the appraisal district in which the
premises are located.
(2) If personal service to the owner
cannot be obtained, then the owner may be notified
by:
(A) publication at least once in the
official newspaper adopted by the city council;
(B) posting the notice on or near
the front door of each building on the premises to
which the violation relates; or
(C) posting the notice on a placard
attached to a stake driven into the ground on the
premises to which the violation relates.
(3) If the director mails a notice to a
property owner in accordance with Subsection (d)(l)
and the United States Postal Service returns the
notice as "refused" or "unclaimed," the validity of
the notice is not affected, and the notice is considered
as delivered.
( 4) In a notice provided under this
section, the director may, by regular mail and by a
posting on the property, inform the owner of the
property on which the violation exists that, if the
owner commits another violation of the same kind or
nature that poses a danger to the public health and
safety on or before the first anniversary of the date of
the notice, the city may, without further notice,
correct the violation at the owner's expense and then
assess the expense against the property. If a
violation covered by a notice under this subsection
occurs within the one-year period, and the city has
not been informed in writing by the owner of a change
in ownership of the property, then the city may,
without notice, take any action permitted by
Subsection (c) of this section and assess its expenses as
provided in Subsection (e) of this section.
(3) Notice under this subsection is not
necessary when the solid waste material is
determined by the director to be an immediate
health hazard.
(e) Charge to be levied and collected by the
city for solid waste material collection and removal.
If the city collects and removes solid waste materials
from private premises at the request of the owner or
upon failure of the owner to comply with the notice
required under Subsection (d) of this section, charges
in the amount of the total actual costs incurred by the
city in performing the work will be collected from the
owner or levied, assessed, and collected against the
premises on which the work is performed. The
charges will be collected by the city controller. The
city controller shall file a statement by the director
with the county clerk of the county in which the
property is located setting out the total actual costs
incurred by the city, the name of the property owner
if known, and a legal description of the property, as
required by state law. At the time the statement is
filed, the city shall have a privileged lien on the
premises involved, second only to tax liens and liens
for street improvements, in the amount of the actual
costs incurred, plus 10 percent interest on that amount
from the date the costs were incurred. The city may
file a suit in an appropriate court of law to foreclose
upon its lien and recover its actual costs incurred plus
interest. The suit must be filed in the name of the
Dallas City Code
17
§ 27-5.2
Minimum Urban Rehabilitation Standards
§ 27-11
written notice or citation issued by the director or a
court order.
(b) It is a defense to prosecution under
Subsection (a) that:
(1) rent was increased pursuant to an
escalation clause in a written lease which provided
for changes in costs of utilities, taxes, and insurance;
(2) rent was increased, services were
reduced, or notices to vacate were issued as part of a
pattern of rent increases, service reductions, or
evictions for an entire multidwelling project;
(3) the tenant was delinquent in rent
when the landlord gave notice to vacate or filed an
eviction action;
( 4) the tenant was responsible for or
caused a violation of this chapter that existed on
property occupied by the tenant;
(5) the tenant's written lease fixing the
rent, services, or term of occupancy had expired,
unless, at the time an action described in Subsection
(a)(1), (2), or (3) occurred, a violation of this chapter
that was reasonably dangerous to the physical
health or safety of the tenant or another person
existed on property occupied by the tenant;
(6) the tenant holds over after giving
notice of termination or intent to vacate;
(7) the tenant holds over after the
landlord gives notice of termination at the end of the
rental term and, at the time the notice of termination
was given, the landlord or the landlord's agent had
not received actual notice that a valid complaint had
been filed with the city complaining of violations of
this chapter on property occupied by the tenant;
(8) before filing a complaint with the
city complaining of a violation of this chapter on
property occupied by the tenant, other than a
violation that is reasonably dangerous to the
physical health or safety of the tenant or another
person, the tenant fails to comply with a written
lease provision requiring the tenant to:
(A) notify the landlord or the
landlord's agent, in writing, of the violation; and
1/i.Jd
(B) allow the landlord 15 days to
correct the violation; or
(9) the landlord proves that the rent
increase, service reduction, or attempted eviction was
for good cause and not for purposes of retaliation
against the tenant.
(c) An offense under this section may be
prosecuted upon the filing of a written complaint by
the tenant with the city attorney. (Ord. Nos. 20017;
26455)
SEC. 27-6. RESERVED.
(Repealed by Ord. 26455)
SEC. 27-7. RESERVED.
(Repealed by Ord. 26455)
SEC. 27·8. RESERVED.
(Repealed by Ord. 26455)
SEC. 27-9. RESERVED.
(Repealed by Ord. 26455)
SEC. 27·10. RESERVED.
(Repealed by Ord. 24457)
ARTICLE III.
MINIMUM STANDARDS.
SEC. 27·11. MINIMUM STANDARDS;
RESPONSIBIUTIES OF OWNER.
(a) Property standards. An owner shall:
(1) eliminate a hole, excavation, sharp
protrusion, and any other object or condition that
exists on the land and is reasonably capable of
causing injury to a person;
(2) securely cover or close a well,
cesspool, or cistern;
7
§ 27-11 Minimum Urban Rehabilitation Standards § 27-11
(3) provide solid waste receptacles or
containers when required by Chapter 18 of this code;
(4) provide drainage to prevent
standing water and flooding on the land;
(5) remove dead trees and tree limbs
that are reasonably capable of causing injury to a
person; and
(6) keep the doors and windows of a
vacant structure or vacant portion of a structure
securely closed to prevent unauthorized entry.
(b) Structural standards. An owner shall:
(1) protect the exterior surfaces of a
structure that are subject to decay by application of
paint or other coating;
(2) fill hollow, masonry supporting
piers, if used, with concrete and anchor the piers to
concrete footings with a 5/8 inch steel dowel;
(3) provide and maintain railings for
stairs, steps, balconies, porches, and elsewhere as
specified in the Dallas Building Code;
( 4) repair holes, cracks, and other
defects reasonably capable of causing injury to a
person in stairs, porches, steps, and balconies;
(5) maintain a structure intended for
human occupancy and a structure used as an accessory
to a structure intended for human occupancy in a
weather-tight and water-tight condition;
( 6) maintain floors, walls, ceilings, and
all supporting structural members in a sound
condition, capable of bearing imposed loads safely;
(7) provide cross-ventilation of not less
'tan 1-1/2 square feet for each 25 lineal feet of wall
in e2 -:h basement, cellar, and crawl space;
(8) repair or replace chimney flue and
vent attachments that do not function properly;
(9} repair holes, cracks, breaks, and
loose surface materials that are health or safety
hazards in or on floors, walls, and ceilings; and
(10) maintain any fence on the property
in compliance with the following standards:
(A) maintain a fence so that it is
not out of vertical alignment more than one foot from
the vertical, measured at the top of the fence, for a
fence over four feet high, or more than six inches from
the vertical, measured at the top of the fence, for a
fence not more than four feet high, except that this
provision does not apply to a masonry wall unless the
wall encloses:
(i) a multi-tenant property;
or
(ii) a single-family or duplex
property where the wall is not shared with another
property;
(B) repair or replace rotted, fire
damaged, or broken wooden slats and support posts;
(C) repair or replace broken or bent
metal posts and tom, cut, bent, or ripped metal fencing
materials; and
(D) repair or replace loose bricks,
stones, rocks, mortar, and similar materials on any
masonry wall that encloses:
(i) a multi-tenant property;
or
(ii) a single-family or duplex
property where the wall is not shared with another
property.
(c) Utility standards. An owner shall:
(1) provide and maintain in operating
condition connections to discharge sewage from a
structure or land into a public sewer system where
available;
(2) provide and maintain in operating
condition a toilet connected to a water source and to a
public sewer, where available, in each structure
intended for human habitation;
(3) provide and maintain in operating
condition connections and pipes to supply potable
water at adequate pressure to a structure intended for
human occupancy;
Dallas City Code
8
7/08
301.1 Permits required.
SUBCHAPTER 3
PERMITS AND INSPECTIONS
SECTION301
PERMITS
301.1.1 General. A person, firm, or corporation shall not, without first obtaining a permit
from the building official:
1. erect, construct, enlarge, add to, alter, repair, replace, move, improve, remove, install,
convert, demolish, equip, use, occupy, or maintain a structure or building service
equipment;
2. excavate or maintain an excavation;
3. pave or grade on a property; or
4. cause any work or activity described in Paragraphs 1 through 3 of this section to be
done.(Ord.26029)
301.1.2 Barricade permit required. No building construction or demolition activity,
including but not limited to equipment usage, deliveries, on and off loading of materials and
storage of materials, supplies, or debris, shall be done on public property or within a public
way, except as authorized by a barricade permit issued by the building official. A barricade
permit is also required for any temporary or part-day blocking of a street or sidewalk. The
issuance of a barricade permit requires the repair or replacement of any public street, curb,
sidewalk, drainage structure, or boulevard landscaping located within the barricaded area, or
otherwise damaged during construction or demolition, to equal or better condition than that
prior to the start of construction or demolition activities. (Ord. 26029)
301.1.3 Proper permits. The owner, agent, or lessee of a structure has the duty to ensure
that permits are obtained by properly qualified persons before work is started, and the owner,
owner's agent, or lessee shall be subject to the penalties provided in this chapter for failure to
obtain a proper permit. (Ord. 26029)
301.1.4 Permit issued to another person, firm, or corporation. A person, finn, or
corporation shall not do work by authority of a permit issued to another person, finn, or
corporation, except under direct supervision of the person, firm, or corporation to whom the
permit was issued. (Ord. 26029)
301.1.5 Obtaining a permit for another person, firm, or corporation. A person, finn, or
corporation shall not obtain a permit for use by another person, firm, or corporation. (Ord.
26029)
Chapter 52, Administrative Procedures for the Construction Codes (current through 1/12/11)- Page 18

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