HomeMy WebLinkAboutOrdinance - 1576-1954 - Amending Ordinance 1466 - 06/10/1954Lony
6-11-54
To
3one &
Plan Offs
City Att
Bldg. f:n City Engr
7
Ot.P-I0-1~5 W-
ORDINANCE NO. 1576 _......._ __ _
AN ORDINANCE AMENDING ORDINANCE NO. 1466 ENTITLED, 11AN
ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR THE
CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS, DRIVEWAYS.
BOTH PRIVATE AND COMMERCIAL, CURBS AND GUTTERS ON PUBLIC
PROPERTY; PROVIDING FOR PERMITS TO BE ISSUED BY THE CITY
BUILDIN'G INSPECTOR UPON WRITTEN APPLICATION AND A FEE; ADOPT-
ING STANDARD DETAILS FOR CONSTRUCTION OF SIDEWALKS, DRIVEWAYS,
CURBS AND GUTTERS IN THE CITY OF LUBBOCK.; PROVIDING FOR THE
LOCATION AND GRADE FOR SIDEWALKS, DRIVEWAYS, CURBS AND GUT-
TERS TO BE ESTABLISHED BY THE CITY ENGINEER; REPEALING ORDIN-
ANCE NO. 1416; PROVIDIN'G A PENALTY; PROVIDING EXCEPTIONS; ,.
PROVIDING FOR THE VALIDITY OF THIS ORDINANCE; AND AUTHORIZING
PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE,"
SO AS TO ADD Sl!:CTION X PROVIDING FOR APPEALS IN CERTAIN CASES
AND VESTING JURISDICTION TO HEAR SUCH APPEALS IN THE "BOARD OF
EXAMINERS AND APPEALS11 ESTABLISHED BY BUILDING CODE ORDINANCE
NO. 587; AND DECLARING AN EMERGENCY.
WHEREAS, the governing body finds that no provision was made in
Ordinance No. 1466 for appeals. from rulings of the Building Inspector with
reference to application of said Sidewalk Ordinance to existing peculiar con-
ditions of property and considers it expedient and in the public interest to
promptly establish an agency with jurisdiction to hear and determine com-
plaints relating to the application of Ordinance No. 1466, and further finds
that complaints need prompt attention and disposition in view of the penal
nature of said ordinance; and,
WHEREAS, the Commission finds by reason thereof that an emergency
exists and all rules relating to the reading of ordinances on more than one (1)
day should be suspended, the same are here now suspended and this ordinance
shall become effective upon the date that it is passed; THEREFORE,
BE IT. ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION I. That Ordinance No. 1466 BE, and the same is hereby
amended to add Section X, which &.hall read as follows:
11SECTION x.
11{a) When any person coming within the provisions of this ordinance
shall consider that the application of this ordinance is calculated to do
manifest injury to the property involved or its use, due to peculiar
structural conditions of the pro:perty or its improvements, such inter-
ested person may appeal to the 1Board of Examiners arid Appeals'
established by Ordinance No. 587, known as the Building Code, which
said Board of Appeals is here vested with jurisdiction to hear the same
and issue proper orders and directions to the Building Inspector, based
upon its findings.
11(b) The notice of appeal may be made in writing by noting the same
upon any instrument furnished by the Building Inspector and signed by
the person requesting the appeal. The person appealing and·the City
Engine·er shall be notified by the Building Inspector of the time the
appeal is to be heard, and the burden of proof shall rest with such
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appetlanr t<? ·~pow that application of the terms of Ordinance No. 1466,
with1 amendments, is calculated to do manifest injury to the property,
or use of the P,ro.perty involved, due to peculiar structural conditions
of or on such property.
11(c) Upon such appeal having been made, the Building Inspector shall
notify, the said 'Board of Examiners and Appeals, 1 and upon a date being
set fol' heating1the appeal, the Building Inspector 'shall notify the appel•
lant of the time and place such bearing will be held, and he shall submit
a.ll pertinent instruments to the Board, together with such testimony as
may be pertinent.
"(d) )\.t sucH heC!-ring the appellant shall be entitled to an opportunity to
discharge his burden of proving that application of Ordinance No. 1466
to the property involved is calculated to do manifest injury to such
property or its use, due to peculiar structural conditions of the property
or its improv-ements.
"(e) When su~h i~sue has been determined by the 'Board of Examiners
and Appeals'·· by 'a majority vote, said Board is authorized and directed
to make, its finding_s and accordingly direct the Building Inspector to
proceed,:in accordance therewith."
f
SECTION z. The fact tha.t there is immediate need for the establishment
of a board to considet appeals from the application of Ordinance No. 1466, and
the fact that applicati)pn o~ said ordinal).ce has to do with the daily operation and
prosecutio4 of the City's l;>usiness, creates an em·ergency requiring that all
rules relatfng t9 the passage of ordinances by reading on more than one (1) day
be 'S-uspended, and thel sa~e are hereby suspended: and this ordinance shall
become eifective upon1the date of its passage.
AND IT r·IS SO ORDERED.
On mo.tion .of Cotnmissioner Thomas , seconded by Commis-,_
sioner Qarnenter this Ordinance was pa-s-sed on this thelOth/.
~~-
' day of ___ o:.Jum=~ ......... --· ., 19-54, by the following vote: . .
Commissioners vo'iin8'11YEA": Carpenter, Thomas ani Ma;ror Tripp ~
Com.mission.ers votl.ng "i1NAY11 : None
VEW·:sv (9-1-54}