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Resident tells commission squatters, trash have occupied 100 South Harvey for months; staff points to JP process and possible city abatement lien
Summary
A Borger resident told the Building Standards Commission people have lived on her lot for nine to ten months and added trash; staff said eviction must begin at the local justice of the peace while city abatement (if performed) would be billed to the owner and could become a lien if unpaid. The commission deferred review for one month.
At the March 5 meeting of the Borger Building Standards Commission a resident described an ongoing problem at 100 South Harvey, where people occupying the lot have accumulated trash for approximately nine to ten months.
The resident, who did not give her name at the hearing, said she has tried to remove the occupants but lacks funds for eviction paperwork. "I've been trying to get them out of my house, and they've steadily added more trash and more trash ... I've been trying to get them out of my house. I've not had the money to get the eviction notice put on there," the resident said.
Staff explained that removing occupants requires initiating legal eviction procedures at the local justice of the peace and that the city’s abatement authority is a separate administrative action. "If y'all give us the order to abate the property, then there's gonna be a total on the weight that we pick up from there ... she would get a bill for that, and if she didn't pay, it'd be assessed to a lien on that property," staff said.
The resident said a police officer told her she could not move items on the lot because they are not hers; staff reiterated that eviction and abatement are distinct: eviction addresses occupants through JP processes; abatement addresses trash and hazardous conditions and can result in billing to the owner. The resident said filing eviction currently would cost about $150 plus roughly $50 for each additional person, which she cannot afford.
Given the legal limits on city removal of occupants, the commission moved to defer the case for one month to allow the resident to consult the justice of the peace and to report back to the board. The commission approved the deferral by voice vote. Staff said it would pursue abatement only if ordered and would follow the board’s direction on billing and liens.
