HomeMy WebLinkAboutOrdinance - 2455-1958 - Making A Nuisance Refuse In Yellohouse Canyon, Its Tributaries, ETC - 04/10/1958....... ~:..';. .,... =-~-<= ~;:sam .. 04-lo-\~
ORDINANCE NO. 2455
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AN ORDINANCE DECLARING AND MAKING A NUISANCE THE ACCUMU-
LATION AND EXISTENCE OF REFUSE IN YELLOWHOUSE CANYON,. ITS
TRIBUTARIES, OR ANY GULLIES ... WATER COURSE OR OTHER DEPRESSION
WITHIN ITS WATER SHED~ LYING WITIDN THE CITY OF LUBBOCK AND
OUTSIDE THE CITY LIMITS AS ESTABLISHED BY ANNEXATION FOR A DIS-
TANCE OF 5, 000 FEET; PROVIDING FOR THE ABATEMENT OF SUCH NUISANC
MAKING UNLAWFUL THE MAINTENANCE OF SUCH NUISANCE; PROVIDING A
PENALTY; PROVIDING THE EFFECTIVE DATE FOR THIS ORDINANCE; AND
PROVIDING FOR PUBLICATION. II -~ .. '//..,.§A'~-4--.,... l ~ WHEREAS, some persons are making a practice of dwnping or otherwise
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placing scrap from building materials, cans, boxes, brush, old tubs, limbs,
~ {h ~ paper, cloth and other such junk and abandoned materials, and rubbish, in gullies r '.1-:-k~ and depressions tributary to and within the water shed of Yellowhouse Canyon
~~·...-and such materials and rubbish are subject to flooding and washing into flood
streams and thereby obstructing the flow of water toward the Canyon and damming!
and otherwise cutting off the water flow through culverts and under bridges and I
thereby causing overflow of watP.r and flooding of public and private property; and,
WHEREAS, such flooding is calculated to be dangerous to hwnan life,
health, and public and private property, THEREFORE:
' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THA. T the accwnulation and existen ce in Yellowhouse
Canyon, its tributaries or any gullies7 water course or depression lying within
its water shed within the City of Lubbock and outside the City Limits for a dis-
tance of 5, 000 feet~ of scrap from building materials,. cans, boxes, brush, old
t ubs, limbs, paper, cloth or any other substance, commodity or material
is calculated to obstruct the water flow through culverts and under bridges and
are hereby declared to be a nuisance and prohibited within the corporate limits
of the City of Lubbock and within a distance of 5, 000 feet outside the corporate
limits of the City of Lubbock.
SECTION Z. THAT whenever the nuisance defined in this ordinance
shall exist within the corporate limits of the City of Lubbock and outside the
City limits as establishe~ by annexation for a distance of 5, 000 feet, the City
Manager shall cause/fftO~~fting to be given the owner, proprietor or occupant of
the premises whereon such nuisance exists, and which notice shall order such
owner, proprietor or occupant to abate or remove the nuisance described in such
notice within such time as may be specified within the order. If the owner,
proprietor or occupant fails, neglects, or refuses to obey such order7 or if the .
premises are unoccupied and the owner or his agent cannot be found, the City
Manager shall cause such nuisance to be abated or removed and shall defray the
expenses thereof out of any money in the City Treasury available for such pur-
poses. All expenses so incurred shall be charged against the owner and shall
, / be a lien on the lot and premises whereupon such nuisance exists.
SECTION 3. Whenever such order has b~en given to abate or remove
such nuisance that may exist upon any lot or premises, the owner thereof shall
have the right within the period of. til _ given in the order for abatement to
appear before the officer designated •Y the City Manager to show cause why
such order should not or cannot be complied with, and the Officer so designated
may, at his discretion, give such extention of time for the abatement or removal
of such nuisance as may be necessaryt provided, however, there is no imme-
diate danger to public health.
SECTION 4. THAT the nuisance herein defined is prohibited within the
City and within a distance of 51 000 feet outside the corporate limits of the City
of Lubbock, and any person, firm, association of persons or corporation making,,
causing, permitting, suffering or maintaining the nuisance defined:. shall be
guilty of a misdemeanor and upon conviction thereof shall be fined in any sum
not exceeding $200. 00 and each day that such nuisance exists or continues~
shall be a separate offense.
SECTION 5. THAT this ordinance shall become effective 30th days
after passage.
SECTION 6. THAT the City Secretary is directed to publish this
ordinance once a week for two consecutive weeks in the official publication of
the City of Lubbock, and shall become effective ten (10) days after the second
publication.
, AND IT IS 50 ORDERED.
Passed by the City Commission on first reading this lOth day of April
, A.D., !.958. ~----------------~
Passed by the City Commission on second reading this __ 24_t_h __ day of April
~ A,;D., 1958. ------------------~
ANNOTATION: The Court of Criminal Appeals in the case of Treadgill v.
State, 275 SW Zd 658 held an ordinance of a city prohibiting a nuisance out-
side the city limits for a distance of 5, 000 feet to be valid and the corporation
court of the city to be a proper forum in which violations of that ordinance
might be determined.
fffECTJVE DATE
MAY 24 1958