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HomeMy WebLinkAboutOrdinance - 2797-1959 - Amending Chapter 16 Change Sec 16-5 To Sec 16-6 To 16-13 - 05/14/195905-IU.-'959 ORDINANCE NO. 2797 os-ze-1.959 AN ORDINANCE AMENDING CHAPTER 16 OF THE "CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS," SO AS TO MAKE THE DESIGNATION "PLANNING COMMISSION" RBAD "PLANNING AND ZONING COMMISSION"; CHANGE SECTION 16·5 TO SECTION 16-12 AND SECTION 16•6 TO 16• 13; AMENDING AND CHANGING THE NUMBER OF THB SECTION WHICH AUTHORIZES SUIT BY THE CITY ATTORNEY TO RESTRAIN AND ABATE THB NUISANCES HERBIN DEFINED; AND ADDING SECTIONS SO AS TO PROHIBIT AND DECLARE A NUISANCE THE SPREADING OR USE FOR FILLING OR OTHER PURPOSES DIRT, DEBRIS OR OTHER SOLID MATERIALS MOVED TO A "LAKE AREA"; PROHIBITING AND DECLARING A NUISANCE FOR THOSE OWNING, HAVING POSSESSION OR CON• TROL OR ANY OTHER INTEREST IN A "LAKE AREA u TO PERMIT, ALLOW OR SUFFER PROHIBITED ~ FILL TO REMAIN WITHIN SUCH "LAKE AREA"; MAKING IT TH.E DUTY OF ANYONE HAVING OWNER- SHIP, CONTROL, POSSESSION OR RIGHT TO POSSESSION OF ANY LAKE AREA IN WHICH SUCH NUISANCE EXISTS '1'0 ABATE OR REMOVE SAME; PROVIDING FOR NOTICE BY CITY ENGINEER TO OWNER AND PROPRIETOR OR OCCUPANT OF SUCH NUISANCE, AND PROVIDING MIANS FOR SER• VICE OF SUCH NOTICE; SUCH NOTICE TO CONTAIN ORDER TO REMOVE OR CAUSE THE REMOVAL OF SUCH NUISANCE WITHIN 10 DAYS; AUTHORIZING CITY ENGINEER TO ABATE SUCH NU:ISANCB AT THE EXPENSE OF THE CITY IF OWNER OR OTHER FAIL TO ACT, SUCH EXPENSES TO BE A LIEN AGAINST THE PREMISES TO THE EXTENT AND IN THE MANNER AUTHORIZED BY ARTICLE 4436, REVISED CIVIL STATUTES; PROVIDING THAT A STATEMENT OF SUCH EXPENSES BB SIGNBD AND ACKNOWLEDGED BY THE MAYOR AND A COPY PILED WITH THB COUNTY CLERK OF LUBBOCK COUNTY, TEXAS, AND A OOPY FILED WITH THE CITY ATTORNEY WHO SHALL BE AUTHOR IZBD TO TIMELY PILE SUIT TO FORECLOSE LIEN FOR SUCH EXPENSES; MAKING IT THE DUTY OF ANY OWNER, PROPRIB'l'OR OR OCCUPANT TO COMPLY WITH PROVISIONS OF NOTICE 1'0 ABATE NUISANCE~· AND MAKING THE FAILURE TO COMPLY WITH SUCH NOTICE A MISDEMEANOR, PUNISH• ABLE UPON CONVICTION BY FINE OF TWO HUNDRED DOLLARS,; ORDERING PUBLICATION AND AN EFFECTIVB DATE FOR THIS ORDINANCE. WHEREAS, the existing Lake Area Ordinance as codified in Chapter 16 of the "Code of Ordinances, City of Lubbock, Texas' only prohibits and penalizes the overt act of dumping or placing dirt, debris or other solid materials in a lake area as therein defined, and the transportation of such material for such purpose; and WHEREAS, there is no sufficient prohibition against the actions of the owner or others holding any interest in lake area property in authorizing, directing, permitting, or suffering such dumping and no expedient method by which the City can remove or cause the removal of such material from such areas; and WHEREAS, the dumping of such materials in a lake area lessens if not complete ly destroys the water-holding capacity of such natural lake areas; and WHEREAS, the lessening or destruction of the water-holding capacity of a lake area not only results in placing the burden of handling an increased flow of natur al storm waters on other natural lake areas in so much as the watershed of Yellow• house Creek as located within the City of Lubbock, which results in the flooding of property adjacent to such other lake area, but also causes a diversion of natural storm waters into the residential or business districts adjacent to the lake area so filled; and WHBREAS, such flooding and diversion results not only in a direct threat of injury and damage to the persons and properties of the citizens of the City of Lubbock, but also tends to create breeding places for flies, mosquitoes, and other insects injurious to the public health; to render difficult the maintenance in a sanitary condition of the property which if flooded or over which such natural sto~ water is diverted, thus hampering el~ination of conditions prejudicial to the public health; to so spread .storm water from the natural, central and known points of accumulation as to ~pair the effectiveness of mosquito and insect con- trol practices and programs; and to create small bodies or unnatural accumulations of storm water in or behind natural or artificial barriers or containers which will become subject to the processes of stagnation; and WHBRBAS, the City Commission finds that it is necessary and tmperative that a method to remove or cause the removal of such material from lake area be p~o­ vided; and WHERBAS, the City Commission deems it necessary for the purposes aforesaid that the following be enacted to el~inate conditions liable to produce disease, and for the protection of the life, property, health and general welfare of the citizens of the City of Lubbock; NOW THEREFOR! BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the designation 'planning commission' as the same appears in Sec. 16•6 of the "Code of Ordinances, City of Lubbock, Texas," BE and the satne is hereby amended to read ''Planning and Zoning Commission 11• SECTION 2. THAT the section number and 11catchline11 entitled nsec. 16·5, Building ·Permitsu, of the "Code of Ordinances, City of Lubbock, Texasn, BE and the same is hereby amended to read hereafter as foHows, to•wit: "Sec. 16•12. Building permits." SECTION 3. THAT the section number and "catchline11 entitled "Sec. 16•6, Fills", of the "Code of Ordinances, City of Lubbock, Texas", BB and the same is hereby amended to read hereafter as follows, to-wit: "Sec. 16-13. Fillsu. SECTION 4. THAT Sec. 16 .. 4 of the "Code of Ordinances, City of Lubbock, Texas BE amended so as to read and be entitled hereafter as follows, to•wit: 11Sec. 16-11. Prosecutions to abate nuisances etc. The City Attorney, upon written request of the City Manager, is authorized to prosecute any and all suits when deemed necessary or expedient against any person to restrain or prevent the dumping or other placing of dirt, debris or objects or other solid materials in any "lake area", and to cause or compel the removal of such dirt, debris objects or other material which may have been d~ed or placed in violation of this chapteru. SECTION 5. THAT Chapter 16, of the "Code of Ordinances, City of Lubbock, Texas", BE and the same is hereby amended by the addition thereto of the following sections to be designated as follows, to•wit: "Sec. 16•4. Use of fill prohibited. lt shall be unlawful for any person to spread, or use for filling purposes or cover over, ot other wise use or permit to be used upon any land within a "lake area" any dirt, debris or other solid materials which have been transported or moved in any manner to a nLake Arean from outside the ''Lake Area"• and whoever violates any part of this provision shall be guilty of maintaining a nuisance". ttsec. 16-6. Duty to remove dirt, etc. It shall be the duty of every person, firm or corporation having ownership, control, possession, or the right to possession of any lake area in which dirt, debris or objects or other solid material has been dumped or otherwise placed in such manner as to constitute a nuisance, proceed at once to remove or abate same as soon as its presence comes to his knowledge". "Sec. 16•7. Notice to owners, etc; order to abate. Whenever the nuisance defined in Section 16•5 shall exist within the City the City Engineer shall cause notice in writing to be given to the owner and the proprietor or occupant, if any, of the premises whereon such nuisance exists. Such notice shall be made by letter addressed to such owner, proprietor or occu- pant,.at his post office address, with return receipt requested, or by publication as many as two times within 10 consecutive days, if personal service may not be had as aforesaid, or if the owners address be not known. Such notice shall con- tain an order to such owner, proprietor or occupant of such premises to remove or cause the removal of such nuisance within 10 days.n "Sec. 16-8. City Engineer may abate; expenses to create lien, etc. If such nuisance is not abated within the time set by the notice of the preceding section, the City Engineer shall cause s~ch nuisance to be abated or removed and shall defray the expenses thereof out of any money in the City Trea• sury available for such purpose. All expenses so incurred shall be charged against the owner and shall be a lien on the land and premises whereupon such nuisance exists to the extent and int the manner authorized by Article 4436, Revis- ed Civil Statutes of Texas". "Sec. 16 .. 9. Filing of expense statement. Upon the abatement or removal of such nuisance by city forces a statement of the expenses incurred by the city in such action shall be signed and acknow- ledged by the Mayor and filed with the County Clerk of Lubbock County, Texas. A copy of such statement shall be filed with the City Attorney, who shall be author- ized to timely file suit to foreclose the lien for such expenses as provided by Article 4436, Revised Civil Statutes of Texas". "Sec. 16•10. Duty to comply with notice; penalty. It shall be the duty of any owner, proprietor or occupant to comply with the provisions of the notice authorized by Section 16-7. Any owner, proprietor or occupant, who, within 10 days after written notice thereof, shall neglect, fail or refuse to abate the nuisance defined in Section 16·3, shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of $200.00.u SECTION 6. The foregoing constitutes an amendment of Chapter 16 of the 11Code of Ordinances, City of Lubbock, Texas" and all prior ordinances on this subject are hereby repealed only to the extent of any conflict herewith: PROVIDED HOWEVER, such amendment shall in no way excuse or waive any violation occuring of cause of action accruing under the provisions of such Chapter 16 as it existed prior to this amendment. SECTION 7o The City Secretary shall cause this ordinance to be published once a week for two consecutive weeks in a newspaper regularly published in the City of Lubbock, and this ordinance shall become effective 10 days after its last publicationo AND IT IS SO ORDIRBD Passed by the Commission on first reading this 14th day of May, 1959. Passed by the Commission on second reading this 28th day of May, 1959. £sl Lennis Baker LBNNIS BAKBRt Mayor ATTEST: Lsl Lavenia Lowe LAVBNIA LOWE, City Secretary-Treasurer