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HomeMy WebLinkAboutOrdinance - 2297-1957 - Amending The City Of Lubbock Code By Providing Fire Prevention Zones. - 09/12/19570&-\ ~-\.95-=? ORDINANCE NO. 2297 o9-~4-l.9S1 AN ORDINANCE AMENDING THE LUBBOCK CITY CODE BY PROVID- ING FIRE PREVENTION ZONES WITHIN THE CORPORATE LIMITS OF THE CITY; DEFINING DANGEROUS ACCUMULATIONS; PROVIDING FOR PERIODICA INSPECTIONS FOR DAJIJGEROUS ACCUMULATIONS .,AND NOTICES TO OCCUPANTS, OWNERS AND OTHERS HA. VING AN INTEREST IN SUCH PREMI- SES; PROVIJ)ING FOR REMOVAL OF FIRE HAZARDS; PROVIDING FOR APPEA AFTER NOTICES; DECLARING THE EXJBTENCE OF DANGEROUS ACCUMULA• TIONS AND OTHER FIRE HAZARDS TO BE NUISANCESl AUTHORIZING THE CLOSING OF BUILDINGS AND OTHER STRUCTURES CONSTITUTING DANGER- OUS FIRE HAZARDS, PROVIDING FOR VACATION OF BUILDINGS CONSTrrUTlN DANGEROUS FIRE HAZARDSi PROVIDING CERTAIN EXCEPTIONS FOR RESIDENTIAL STRUCTURES CONSTITUTING DANGEROUS FIRE HAZARDS TO THE OOCUPANTSi PROVIDING PENALTIES; AUTHORIZING SUITS IN AID OF ENFORCEMENT, AND MAKING PROVISIONS OF THIS ORDINANCE CUMULATIV • WHEREAS, the City Commission finds that in some parts of the City the occupants or owners of property have permitted dangerous a:cumulations to exist on various tracts of land and have further permitted buildings and other structures to remain in such state of disrepair that the same constitute dangerous fire hazards and a threat to public safety , and further find that existing ordinance are inad.,quate to provide inspections and require the elimination of such hazardsJ THEREOFORE. I ' Page One ... • > ~· . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Chapter lZ, Section 21 of the Lubbock City Code is hereby amended by adding Sections 12-21.1 to Section 12-21.13 inclusive reading as follows: SECTION 12-Zl.l INSPECTION BY FIRE MARSHALL It shall be the duty of the Fire Marshall to inspect as often as may be necessary, but not less than twice a year, all buildings and premises, except the interiors of living quarters. and private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or to ascertain and discover any violations of the provisions or intent of this Article or any law or ordinance affecting the fire hazard. SECTION 12.-Zl. Z DANGEROUS ACCUMUlATIONS-DEFINITION For the purpose of this Article the term "dangerous accumulations" is defined as follows: "Any building or structure upon any lot, trac~ parcel of land or premises of any kind containing or having situated thereon any combustible or explosive matter, substance or materials such as, but not limited to: dilapidated sheds, dilapidated buildingjJ, dilapi- . dated structures, crates, staves, barrels. boxes, cloth, discarded or abandoned clothing, rags, upholstery, grass, brush, straw, hay, weeds, scrap lumber, unstacked lumber,· kindling, broken timber, shavings, Bhelving, planks, debris, waste paper, litter, trash, junk, refuse materials or other inflammable materials or any combination thereof calculated to be a fire hazard to persons or property, or to increase the fire hazard. 11 SECTION lZ•Zl. 3 NOTICE BY FIRE CHIEF, FIRE MARSHALL Whenever the Chief of the Fire Department or Fire Marshall, after inspection of any building or structure or premises. in the City of Lubbock finds, because of deterioration, age, lack of repairs, or having therein or thereon electrical wires or equipment improperly installed, electric wiring or equip- .ment out of repair, defective chimneys, defective gas connections, or appliances defective heating apparatus, inadequate means of exit, or "dangerous accumula• tions" (as that term is defined in this artide), or any other cause, all or any part of which conditions present a fire hazard, or render said buildings, structures or premises liable to fire, or which buildings or structures or premises are so situated or occupied, or in such condition or disorder or disrepair, either from the exterior or interior, as to endanger said buildings, structures or premises or buildings, structures or premises or property located elsewhere, or human life, from a. fire in or on such building, structure or premises, the Chief of the Fire Department or Fire Marshall shall cause to be served written notice on the owner, or occupant, or person responsible therefor, to remove such fire hazard by x-earranging, repairing or wrecking the condemned buildings or structures, or by repairing the equipment therein or by changin~ the occupanc lr therein or by clearing the premises of "dangerous accumulations11 (as that term is defined in this article) in such a way as to remove said fire hazard. Page Two SECTION 1~-Zl. 4 FIRE PREVENTION ZONES -INSPECTIONS It shall be the duty of the Chief of the Fire Department and the Fire Mar shall jointly to forthwith plat the City into "fire prevention zones11 each containing a City Fire Station, and submit such plat to the City Manager for approval. Upon approval of said plat by the City Manager as submitted or as modified by him~ it shall be the duty of the Chief of the Fire Department to cause inspection of all pre- mises in each 11fire prevention zone" at least twice a year by members of the Fire Department employed in each zone. Such inspections to be made by uniformed firemen at the time and in the manner designated and direeted by the Chief of the Fire Department • Such inspections shall be made by carefully viewing all premi- ses in each zone both from the abutting street and abutting alley. The Chief of the Fire Department shall reqUire such written reports from inspecting firemen as will disclose "dangerous accum.ulatione" as that term ia defined in this article. SECTION 12.-Zl. 5 R.EM0VAL OF HAZARDS-NOTICE-APPEALS The Chief of the Fire Department or Fire Marshall shall in such written notice fix the time within which said owner• occupant or person responsible therefor shall remove said hazard or make said repairs, or clear the premises of 11danger- ous accum.ulation•11 specified in the notice. In no case shall the time fixed be less than ten_(lO) days. Should the owner or person responsible there.forllt or the owner or person responsible for the condition of the buildinga structure or premises re- side outside the City of Lubbo~k and the address be unkn~ a notice .or publica- tion in a daily newspaper in the City of Lubbock and the posting of a written notice on the building or structure or premis.es shall be deemed sufficient notice. The owner, occupant or person responsible• therefor19 within ten (10) days after receiv- ing said llGtice, may appeal in writing from the order of the Chief o£ the Fire Department or Fire Mar shall to the City Manager who shall determine the appeal. SECTION lZ-Zl. 6 FAILURE TO COMPLY-NUISANCE If no appeal is taken,. the maintenance of the condemned building or condemned structure or condemned conditions existing therein or thereon or on the premises where said buildings or structures are locate~ beyond the time set for removal or repair or abatement, shall constitute the maintenance of a nuisance. SECTION 12.-Zl. 7 FAILURE TO COMPLY -CLOSING BtnLDINGS If the-owne-r or person respeneible for the condition of such building or struc- ture or premises, whether resident or non-resident of the City of Lubbock fails to comply with the orde.r of the Chief of the Fire Department or Fire Marshal~ to remove the hazardous fire,condition in or on the b'ltilding or structure or on the lot, tract or parcel of land or premises where such hazard exists~ as directed b.y the Chief of the Fire Department or Fire .Marshall, the City Manager may or- der the Chief of the Fire Depa.rtm.ent or Fire Marshall to abate the use of non- residential buildings or strudures, and to that end the Chief of the Fire Depart- ment or Fire Marshall shall have authority to close said non-residential buildings or structures and to· prevent its use o.r occupancy Wltil the order of the Chief of the Fire Department or Fire Mar ahall has been complied with. SECTION IZ .. ~l. 8 FAILURE TO COMPLY .., PENALTY • VACATING BUILDINGS In addition to the penalty herein imposed of closing any such building or structa.re it shall be unlawful for any person to disobey, or fail to comply with the order of the Chief of the Fire Department or Fire Marshall or to use, oc-cupy or remain..in any such non-residential building or structure~ when the same has been ordered closed, \or to remain upon, or use, or permit the use of any such premises with ~dangerous accumulations" located thereon. SECTION IZ-21. 9 RESIDENTIAL BUILDINGS ... EXCEPTION When any building or structure is occupied or used for residential purpose~. vacation of the building, resitience or structure shall not be ordered by notices under this article unless such vacation is specially ordered by the governing body. SECTION lZ-Zl. 10 FAILURE TO COMPLY-EACH DAY AN OFFENSE Any owner or owners or occupant of any building or tJtructure or any perso responsible for the condition of any premises failing to comply with the orders and directions of the Fire Marshall shall be deemed guilty of a misdemeanor, and each day of failure to C'Omply with su.ch orders and directions shall constitute a separate offense. SECTION lZ-21.11 PENALTY \ Any person violating any ptovision of this Article shall be deemed guilty of a misdemeanor and upon canvictien thereof in the Corporation Court of the City of Lubbock, shall be fined in any sum not exceeding Two Hundred Dollars. SECTION 1Z-Zl.l2. FILING SUITS AGAINST OWNERS Upon written request of the Chief of the Fire Department or the Fire Marshall, after notices have been given as provided for in this a-rticle, and with appreval ef the City Manager, the City Attorney is authorized to prosecute such suitB as may be deemed advisable to enforce the provisions of this Article. SECTION 12-Zl. 13 PROVISIONS CUMULATIVE The provisions of this Article shall be cumulative of all other provisions relating to fire prevention. AND IT IS SO ORDERED. Passed by the Commission on first reading this l2th day of September , 1 5' Passed by the Commission on second reading this 24th day of __ Se,.;;p_t_. ___ • 195 • ATTES~ ~ / , , ~/I."<"'.// ted t L Laveniai:C>W;, City S e9fetary-Tfea8urer