HomeMy WebLinkAboutOrdinance - 3728-1962 - Amending Chapter 15, So As To Add A New Article Entitled :Art. VII. - 02/08/1962-
AN ORDINANCE AMENDING CHAPTER 151 CODE OF ORDlliANCES,
CITY OF LUBBOCK, TEXAS1 SO AS TO ADD THERETO A NEW ARTICLE
ENTITLED rtARTICLE VII 1• UNSANITARY MATTER'\ DECLARING THE
ACCUMULATION AND EXISTENCE UPON ANY PROPERTY WITHIN THE
CITY AND WITHIN A DISTANCE OF FIVE THOUSAND FEET OUTSIDE THE
LIMITS OF THE CITY TO BE A NUISANCE AND PROHIBIT SAME; DEFINING
THE TERM UNSANITARY MATTER; PROVIDING THAT IT IS THE DUTY OF TH ·1
OWNER OF SUCH PREMISES TO ABATE SUCH NUISANCE; PROVIDING FOR
INSPECTION OF PREMISES AND THE NOTICE AND FORM AND METHOD
THEREOF TO BE GIVEN OWNERS; DECLARING IT THE OWNER1S DUTY TO
. COMPLY WITH SUCH NOTICE AND PROVIDING FOR ABATEMENT BY THE
CITY IN CERTAIN INSTANCES HEREINAFTER MORE FULLY DESCRIBED,
WITH THE COSTS OF SUCH ABATEMENT TO CONSTITUTE A LIEN AGAINST
THE PROPERTY INVOLVED; PROVIDING FOR EXTENSION OF TIME TO ABATE;
PROVIDING A PENALTY, A SEVERABILITY CLAUSE, FOR PUBLICATION AND
AN EFFECTIVE DATE FOR THIS ORDINANCE;·
WHEREAS, the City Commission finds that the accumulation and existence
upon property within the city and within a distance of 5~ 000 feet outside the limits
of the city of unsanitary matter as hereinafter more fully defined in the body of
this ordinance1 creates a serious and considerable hazard to the health and safety,
of the citizens of the City of Lubbock; and~
WHEREAS, the City Commission finds that it is necessary and essential
in order to remedy such conditions that such nuisances be defined~ prohibited,.,
and that provisions for abatement as available under Art. 4436,., Revised Civ.il
Satutes of Texas, be made applicable thereto; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 15,., of the Code of Ordinances,., City of
Lubbock~ Texas.:. BE and the same is hereby amended by the addition thereof of
a new Article to be entitled "Article VII. Unsanitary Matter", which new
Article shall read hereafter in full as follows> to-wit:
Article VII~·· Unsanitary Matter
Sec. 15-54. Unsanitary matter--Declared a nuisance.
The accumuktion and existence upon any lot.:. tract, parcel of land or
premises of unsanitary matter is hereby declared to be a nuisance and prohi-
bited within the city and within a distance of five thousand feet outside the limits
of the city.
Sec. 15-55. Unsanitary matter-defined.
By the term 11unsanitary matter" as used in the preceding section is
1 dilapidated sfructure foundatio • s, meant! dilapidated sheds buildings or structures~ I crates, staves, barrens~
boxes, cloth, discarded or abandoned clothing, rags_, upholstery, grass_,· brush,
straw~ hay~ weeds, scrap lumber .. unstacked lumber, kindling, broken timber,
shavings, shelving, planks, de)Jris, waste paper_. litter, trash, junk, brush ..
filth, carrion, rubbish and any and all other objectionable, unsightly or unsani-
tary matter of whatsoever nature.
Sec. 15-56. Unsanitary matter--Duties of owner.
It shall be the duty of the owner, occupant or any one else having an
interest in any property upon which unsanitary matter is located, to remove
and clean up all such matter and deliver the same to the nearest dump ground
maintained by the City of Lubbock.,
Sec. 15-57. Same--Inspection; notice to owner.
The city health officer and fire marshall are hereby authorized to in-
spect all property within the city where any such nuisance as described in Sec.
15-54 shall exist, and to give the owner and other persons, if any, having contro
thereof, notice in writing that such nilisance exists, which notice shall require
the owner or other person to abate any such nuisance and comply with the provi-
sions hereof by removal and disposal of all such unsanitary matter. Such
notice may be given by delivering the same to the owner or other person, in
person or by letter addressed to such owner or other person at his post-office
address, with return receipt requested, or by publication as many as two times
within ten consecutive days, if personal service of the notice may not be had, or
if the owner1s address is not known.
Sec. 15-58. Same-•Duty to comply with notice; abatement by city.
It shall be the duty of any owner to comply with the provisions of the
notice and to abate such nuisance within ten days after the date of the notice and,
if such owner or other person in control of such lot shall .. for any reason, fail
or refuse to abate such nuisance, or if the owner's address is not known, or if
personal service cannot be had, as provided by Article 4436, Revised Civil
Statutes of Texas, the city manager shall, upon approval of the city commission,
cause the abatement of any such nuisance on account of the owner of the lot and
the expense thereof shall be assessed against the lot upon which it was incurred_,
and the city health officer shall file with the clerk of Lubbock County a statement .
of such expense, and a copy of such statement with the city attorney, who shall
be authorized to timely file suit to foreclose the lien for such improvements, all
as provided by Article 4436, Revised Civil Statutes of Texas.
Sec. 15-59. Extension of time to abate.
Whenever an order has been given by the director of the department of
public health to abate or remove a nuisance that may exist upon any lot or pre-
mises, the owner thereof shall have the right~ within the period of time given
in the order for abatement~ to appear at the office of the city health officer to
show cause why such order should not or cannot be complied with_, and the city
health officer may~ at his discretion, give such extension of time for the abate-
ment or removal of such nuisance as may be necessary; provided~ that there is
no immediate dan_ger to the public t ealth·-----=-=--===a::==-=-=-=====1==
SECTION 2. Any person~ firm~ or corporation violating any provision of
this ordinance or violating any order as made by the City Health Officer pursuant
to the ordinance., shall be guilty of a misdemeanor and shall upon conviction
thereof be fined in any sum not to exceed TWO HUNDRED ($200. 00) DOLLARS~
and each day any such violation shall continue shall constitute a separate offense.
SECTION 3. If any section., subsection,. sentence., clause., phrase or por-
tion of this ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,. dis-
tinct# and independent provision and such holding shall not effect the remaining
portions hereof •.
SECTION 4. The City Secretary-Treasurer is hereby directed to publish
the caption and penalty clause hereof as an alternative method of publication as
provided by law, once a week for two consecutive weeks in some newspaper regu-
larly published in the City of Lubbock and this ordinance shall become effective
ten days after; the date of its last publication.
AND IT IS SO ORD,Jid_ftE D
Passed by the City Commission on first reading thiESth .... ,..,.....Qay of FebrY!IY., -~· ..
Passed by the City Commission on second reading this 22nd day of February.-
ATTEST: LaveD.ia-&.~~i/!!ft!!y:.TreaSUrer---