HomeMy WebLinkAboutOrdinance - 4376-1964 - Amending Chapter 15, Code Of Ordinances By Adding Article III A. - 04/09/1964AN ORDINANCE AMENDING CHAPTER 15, CODE OF ORDINANCES OF
THE CITY OF L UBBOCK10 BY 'ADDING ARTICLE III A. MAKING IT UNLAWFUL
TO LEAVE OR PERMI'ID'.TO REMAIN UPON ANY LOT~ TRACT OF LAND OR A
PUBLIC STREET OR ALLEY A WRECKED, DAMAGED, OR DEMOLISHED OR
DISABLED MOTOR VEHICLE OR PARTS OR PORTIONS THEREOF FOR A PERI
OF TIME EXCEEDING TIDRTY (30} DAYS DECLARING THE LEAVING OF A
MOTOR VEHICLE" PART OR PORTION THEREOF THAT IS WRECKED~ DAMA ED
OR DEMOLISHED TO BE A PUBLIC NUISANCE DETRIMENTAL TO THE PUBLI
HEALTH,. SAFETY~> WELFARE AND PROPERTY OF THE INHABITANTS OFT
CITY OF LUBBOCK; PROVIDING FOR ABATEMENT OF SUCH NUISANCE AND
REMOVAL OF VEHICLES AFTER DUE NOTICE; PROVIDING FOR PENALTY~
SAVINGS CLAUSE AND DIRECTING THE PUBLICATION OF THE DESCRIPTIVE
CAPTION OF THIS ORDINANCE WITH THE PENALTY CLAUSE AS PROVIDED
BY LAW.
WHEREAS, the City Council of the City of Lubbock has found that a large
number of delapidated, wrecked, damaged, disabled and inoperative automobiles
trucks and other motor vehicles and parts thereof are parked, left standing, ,
stored or abandoned upon vacant lots, tracts of land. or upon the public streets
and alleys in the City of Lubbock; and,
WHEREAS.,. the City Council of the City of Lubbock is of the opinion that
such delapidated, wrecked and disabled motor vehicles create and afford a nesti
and breeding place ofr mosquitoes, files, vermin, rats, rodents and skunks and
constitute a nuisance endangering the public health, safety, welfare, and propert
of citizens who reside near such motor vehicles and the inhabitar.is of the City of
Lubbock and in addition creates an attractive nuisance detrimental to children;
that the besLinterest of the public would be served if such motor vehicles be
removed from all open lots, tracts and public streets and alleys; NOW THEREF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 15 of the Code of Ordinances of the City of
Lubbock be amended by adding Article III A which shall hereafter read as follows
11Section 15-34 A. 1 Wrecked, Damaged or Demolished Motor Vehicles
Any motor vehicle, or part or portion thereof that is wrecked, damaged,
demolished or is otherwise in any other way inoperative vso that same will not
move or operate under its own power. which is left or permitted to remain fos:' .:. :
any period of time exceeding thirty days upon any lot, tract of land, or public
street or alley, which is accessible to children or where weeds, grass and other
vegetation is allowed to grow in or around or which may grow in or around such
motor vehicle is hereby declared to be a public nuisance in that such motor vehic e,
or part or portion thereof in a wrecked, demolished, damaged or inoperative
condition creates a fire hazard, and affords a nesting place or breeding place fo
mosquitoes# flies, rats, rodents, skunks and other vermin, and also an aUractiv
nuisance to children constituting a serious danger and threat to such Children,
and is an additional costly obstruction to the care and maintenance of such lots o
tracts ofhnd when weeds~ grass and other vegetation must be removed by priv atE
individuals or the City of Lubbock~ and may be abated as such nuisance, as here
after provided.
"Section 15-34 A. 2 Making it Unlawful to Maintain Nuisance
It shall be unlawful for any individual,. company, or corporation to leave
or permit to remain upon any lot, tract of land, or upon any public street or alle
within the City Limits of Lubbock any motor vehicle or parts or portions thereof
that is wrecked, damaged, demolished or is otherwise in any other way inoperat ve
so that same will not move or operate under its own power while it remains a
health or fire hazard, or constitutes a nuisance as defu.ed heretofore in Section
15-34 A. 1.
"Section 15-34 A. 3 Notice by Fire Marshal, City Health Officer and
City Housing Standards Inspector
Whenever the City Fire Marshal~ City Health G>fficer or the City Housing
Standards Inspector shall be of the opinion that any motor vehicle, or part or por ior
thereof, is a nuisance as defined herein, such offi<El shall thereupon cause writt n
notice to be served on the owner of the vehicle if he can be located, or the perso
in custody of such mot.or vehicle, part or portion thereof, by registered mail or
by personal service. Such notice shall state that such motor vehicle, or part or
portion thereof, is deemed to be a nuisance within the provisions of Section 15-3 A.
hereof, and shall briefly state the facts which are deemedto make such motor
vehicle, or part or portion thereof, a nuisance within the terms of this OrdinancE,
and further state that such nuisance will be abated within ten days from receipt
of such notice.
11Section 15-34 A. 4 Stating Duty of Owner on Receipt of Note
It shall be the duty of any person receiving the notice herein provided for
to comply with the provisions of the notice and to abate such nuisance within ten
days after the date of the receipt of such notice, and if such person shall fail or
refuse to abate such nuisance within ten days from receipt of such notice such
failure is hereby declared to be unlawful and shall constitute a misdemeanor.
11Section 15-34 A. 5 Providing for Disposition Where Owner Unknown
When the owner of s wrecked, damaged, or disabled motor vehicle, or
part or portion thereof, which in the opinion of the City Fire Marshal, City Heal h
Officer or the City Housing Standards Inspector constitutes a nuisance cannot be
located by a reasonable search, the notice specified above in Sec. 15-34 A. 3 sha 1
be attached to the vehicle by the City Fire Marshal, Health Officer or Housing St nd
ards Inspector. If such vehicle is not removed within ten days from such notice, sa
motor vehicle is hereby declared to be abandoned property and the City Fire Mal sha
City Health Officer or Housing Standards Inspector shall remove or cause to
be removed such vehicles to a suitable City storage area designated by the
City Manager~ Such motor vehicles shall be stored for a period of at least sixty
days and the owner thereof shall be entitled to redeem same by payment to the
City of actual costs for removal and reasonable storage of such vehicle, and if
in the event that such motor vehicle is unclaimed the City Punchasing Agent
shall sell the vehicle iQ1l:'.aeeO:rdance with Chapter 27 of the Code of Ordinances of
the City of Lubbock, Texas.
"Section 15-34 A. 6 Penalty
Any person, firm or corporation violating any of the provisions of this
Article ill A shall be deemed guilty of a misdemeanor and on conviction shall be
fined in an amo~nt not exceeding $200. 00. Each day such violation continues or
is permitted to continue shall constitute a separate offense and shall be punishab e
as such hereunder. 11
SECTION 2. If any provision of this Ordinance or the application thereof to
any person or circumstance shall be held to be invalid, the remainder of this Or -
inance, and the applicati.on of such provision to the persons or circumstances
shall not be affected thereby.
SECTION 3. It is hereby declared that this Ordinance does not repeal an
other Ordinance perta ning to the subject matter but is hereby declared to be cum laf
tive with any other ordinance pertaining hereto.
SECTION 4. The City Secretary is hereby authorized and directed to ca e
publication of the descriptive caption of this Ordinance, together with the penalt
clause as an alternaie method of publication as provided by law.. and directing
that this Ordinance shall become effective ten days after the second publication
thereof.
AND IT IS S 0 ORDERED.
-Passed by the City Council on first reading this 9th day of April , 1964. --=-=-------' Passed by the City Council on second reading this 23rd day of<-April , 1964.
ATT~EST· ·~
---~~~ -----------Lave we, ty Secretary-Treasurer