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<br />(2) The magnitude of the noise. <br /> <br />(3) Whether the residents cooperated with the police, <br /> <br />(4) Whether the police discovered that other otlenses were being <br />committed at the residence when the police arrived at the residence. <br /> <br />(5) Whether the residents resumed the noise after the police left <br /> <br />(6) The number of people who were at the residence when the police <br />responded, and <br /> <br />(7) Any other factors the judge determines are relevant. <br /> <br />Cf) The standard of proof at the hearing is a preponderance of the evidence. <br /> <br />Sec. 34.095. Notice to property manager and tenants of nuisance determination. <br /> <br />(a) If the court determines that a residence has become a nuisance. and if the property <br />manager or tenants were not at the hearing. the chief of police will give the property manager or <br />tenants, as applicable, written notice of this determination. <br /> <br />ClI) Written notice shall be provided in the manner described in subsection 34.094. <br /> <br />(c) If there is another police response to a verified noise complaint at the residence aner the <br />cOUli's determination and after the chief of police has given written notice of the determination, then <br />the property manager and tenants will each receive a citation for allowing the residence to remain <br />9 nuisance, in violation of section 34.093. The property manager and tenants will continue to receive <br />citations under this subsection until the court has removed the nuisance determination. <br /> <br />(d) It is a defense to prosecution under subsection (c), for a property manager, that the <br />property manager has been instructed by the property owner not to address the nuisance situation. <br /> <br />Sec. 34.096. Notice to property owner of nuisance determination. <br /> <br />{a) If the court determines that the residence has become a nuisance. and if the property <br />owner was not at the hearing. the chief of police shall give the property owner written notice of this <br />~ietermination. <br /> <br />(b) Written notice shall be provided in the manner described in subsection 34.094(b ). <br /> <br />(c) The property OVv'ller shall have 10 days from the date of the notice to either arrange a <br />meeting with the chief of police to discuss a nuisance abatement strategv or to send the chief of <br />police a written statement that outlines a plan to abate the nuisance. <br />