Clear Lake Shores sues resident over junked cars in yard

John Suayan, Galveston Bureau May 25, 2012, 11:13am

GALVESTON - The city of Clear Lake Shores has filed suit against a local resident in response to alleged city ordinance violations, recent court documents say.

A lawsuit filed May 22 in Galveston County District Court claims real property within the city's corporate limits owned by Kemah local Ewell Eugene Fuller presents a health and environmental hazard.

According to the suit, Fuller allowed junked vehicles or parts to remain in public view for more than 10 days as well as permitted the accumulation of "unsightly, objectionable or unsanitary matter" on the subject property.

It is also alleged that one of the buildings or structures "constitutes a menace to the health and safety" of the public, stating the place is a breeding ground for "rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease."

The city claims Fuller has failed to prevent the growth of grass and the accumulation of weeds, stating there is "an unwholesome and decaying mass."

He received notices demanding he remedy the violations in question, but "has continued to fail to take action necessary for compliance with the ordinances," the suit says.

Consequently, the city seeks injunctive relief and a judgment for civil penalties in the amount of $1,000 a day since Dec. 27, 2011, Fuller was given written notice.

The city is represented by Olson & Olson LLP.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 12-cv-1257

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