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HomeMy WebLinkAboutOrdinance - 1410-1953 - Imposing The Duty Upon Abutting Property Owners To Keep Sidewalks. - 06/25/1953f ' L J*~Eb~~-l, ,;)~kl(i /.9 S3 (' '--~(' AN ORDINANCE IMPOSlNG THE Dlll'Y llPON ABtll'TlNG PROPERTY OIINERS TO KEEP r,), fl.· 1 SIDEWALKS, PARKWAYS, CURBS AND DRIVEWAYS ABUTTING SOCH PROPERTY m A GOOD AND 1_r/_ ~ ,,~. I SAFE CONDITION; IMPOSING THE DUTY uPoN ABUTTING OWNERS OR OTHER PERSONS MAKING t: ,_NF {JL.f · 1 SPEX::IAL USE OF ANY SIDEWALK OR CURB TO KEEP SAID SIDEWALKS, PARKWAYS, CURBS AND ,:t·-\ ~···' DRIVEWAYS IN A GOOD AND SAFE CONDITION; IMPOSING THE DUTY ON ANY ABU'l"''ING PROPERTY ~ .. /~ OWNER OR OTHER PERSON TO KEEP SIDEWALKS, PARKWAYS, CURBS AND DRIVEWAYS /DAMAGED BY (/ -6 TREE ROOTS STRUCTURES AND OTHER THDlGS "CAUSING DAMAGE TO SUCH SIDEWALKS, PARKWAYS, i r.j.Lf Cobf~r· CURBS AND nRIVEWAYS IN A GOOD AND SAFE CONDITION; PROVIDING THAT THE ABurTING ~ / (/ PROPERTY OWNER OR OTHERS ENJOYING THE USE ~F ANY PROPERTY ABUTTING ON A DEFECTIVE SIDEWALK OR CURB SHALL BE PRIMARILY LIABLE FOR ANY LOSS RESULTING FROM SUCH DEFECTS i PROVIDING FOR OOTICE ORDERING REPAIRS AND RECONSTR'IXTION OF DEFECTIVE SIDEWALKS, CURBS OR DRIVEl-lAYS; PROVIDING A PENALTY; PROVIDING SAVINGS CLAUSE; AND AUTHORIZINC1 PUBLICATION. v WHEREAS, the City Commission finds that many sidewalks, parkways, curbs ' and driV'eways in the City of Lubbock have been caused to become in a. defective condition by the special uses being made of such sidewalks, parkways, curbs and driveways by the abutting property owners or other persons enjoy:ing the use of suoh property, and the City Commission is of the opinion that in the interest of publi~ safety and property such abutting property owners or other persons should be required to repair and reconstruct damaged and defective sidewalks, parkways, curbs and driveways damaged or made defective by such owners or other persons; NOW, THEREFORE, ·- BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. It shall be the duty of any property owner to keep any sidewalk, parkway or curb and driveway abutting such property in a. good and safe condition and free from any defects and hazards of whatsoever kind and character. SECTION 2. It shall be the duty of any property owner or person, firm or corporation making special use of any sidewalk or curb for purposes of ingress or regress, for loading and unloading, loading elevators, downspout drains or any other specific use of whatever kind or character to keep said sidewalk, parkway, curb and driveway abutting said property in a good and safe condition and free from any defects and hazards of whatsoever kind or character. 1 SECTION 3. It shall be the duty of any property owner or person, firm or corporation enjoying the use of any abutting property to reconstruct or repair any sidewalk, curb 0r driveway damaged or put in a defective condition b,y reason of any use being made of property abutting said sidewalk, parkway, curb or driveway by tree roots, structures or any other thing daDlflging or causing damage, whether such trees, structures or other things be situated upon such abutting property or within the~rea be ;ween :the abuttin€; property and the curb. l?o~ N • T ~ting property owner or person, firm or corporation enjoying the use of any roperty abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defectiVE condition shall be primarily liable in damages for ~ loss or damage sustained as a result of such defective condition. SECTION 5. A. Any sidewalk, parkway, driveway or curb which has become defective, unsafe and hazardous is hereby declared to be a nuisance and it shall be the duty of the owner or owners of any property abutting on any street, avenue, - public alley, plaoe, square, section or part thereof, along 'Which sidewalks, curbs or driveways are ordered to be reconstructed or repaired within 30 days from the receipt of notice as provided ~or in this section, to reconstruct or repair said sidewalk, curb or drive~my in accordance with the standard specifications established by Ordinance of the City of Lubbock and such expense shall be borne by the abutting property owner or owners; and the failure of any owner or owners or the agent of any owner to reconstruct or repair any such sidewalks, curbs or drivewys ordered to be reconstructed or repaired by the City Engineer shall be guilty of a misdemeanor and shall be subject to a fine, upon conviction, as pro- vided for in this Ordinance. B. Whenever the City Engineer receives information and proof of the existence of a defective sidewalk, curb, gutter or driveway situated on public property within the City of Lubbock, he shall issue a written notice and order requiring the ~pair or reconstruction of same in accordance with the plans and specifications for concrete sidewalks, driveways, curbs and gutters as provided for by the ordinances of the City of Lubbock, and notifying the owner of the abutting property or the agent thereof to have such defective sidewalk, driveway, curb or gutter so reconstructed and repaired within JO days from the service of the written notice. He shall attach to said notice a copy of this Ordinance and send a copy of the notice to the Assistant City Attorney in charge of pros~cution in the Corporation Court for the City of Lubbock. , Said notice may be served by any police officer or other person that may be designated by the Governing Body to serve the same, or it may be sent by registered letter in the United States Mail. SECTION 6. Any person, firm or corporation or others violating any pro- vision of this Ordinance shall be guilty of a misdemeanor, and, if convicted, shall be fined in any sum not exceeding $200.00. Every day that the violation continues shall be a separate offense. This penalty shall be in addition to and accumulative of the primary liability for a~ loss or damage resulting from defective and unsafe condition of sidewalks imposed qy this Ordinance upon the abutting property owner of said such defective and unsafe sidewalks, curbs, gutter or driveways. SECTION 7. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the temainder of said Ordinance shall not be affected thereby and it is intended that ever,y other section, paragraph, sentence, clause or phrase of this Ordinance shall remain in full force and effect, SECTION 8. The City Secretary is authorized and directed to publish the descriptive caption of this Ordi~ce together with the penalty section as an alternative method of publication provided by law, and this Ordinance shall take effect from and after its passage and publication as made and provided b,y the Charter of the City of Lubbock. AND IT IS SO ORDERED. On motion of Commissioner ------~Mo~r.r.is~-----------·' seconded b.1 Commis- sioner --------~Ih~o~roa~~-----------, the foregoing Ordinance was passed on first reading this the 11th day of __ _ June , 1953, by the following vote: Commissioners voting "YEA.tt: Carpenter, Davis, Thomas and Mayor - On motion of Commissioner --------~T~h~om~~a~s __________ , seconded qy Commissioner ------~D~a~vi-~s _____________________ , the foregoing Ordinance was passed on second reading this the 25th following vote: day of _--.;;J.;;un;:;.e.;;._ __ , 1953, by the Commissioners voting "YEA": Carpenter, Davis, Thomas and Mayor Pro-tem Morris. Commissioners voting "NAY": None. A'I'l'EST: WLa:rr 5-J}-53 •