HomeMy WebLinkAboutOrdinance - 10019-1997 - Amending Article V Division I Chapter 12 Declaring Weeds ETC A Nusiance - 09/25/1997First Reading
Item #35
September 25, 1997
Second Reading
Item 1135
October 9, 1997
ORDINANCE NO. 10019
AN ORDINANCE OF TIIB CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE V.
DIVISION I OF CHAPTER 12 OF TIIB CODE OF ORDINANCES OF THE CITY;
DECLARING WEEDS, RUBBISH, BRUSH, ILLEGAL DUMPING AND OIBER
OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER A NUISANCE AND
SETTING FORTH REGULATIONS REQIBRING TIIB OWNER OR PERSONS HA VINO
SUPERVISION OR CONTROL OF THE PROPERTY TO KEEP PROPERTY FREE OF
SUCH VIOLATIONS; PROVIDING FOR ABATEMENT OF SUCH VIOLATIONS BY THE
CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT,
INCLUDING PROVISIONS FOR IMPOSITION OF A LIEN; PROVIDING FOR AN
ADMINISTRATIVE FEE BEING THE COST OF ADMINISTERING THE TERMS OF nns
DIVISION; PROVIDING FOR A PENALTY CLAUSE, A SAVINGS CLAUSE; AND
PROVIDING FOR PUB LI CATION.
WHEREAS, the Texas Health and Safety Code Ch. 342.004 provides municipalities with
the power to require the owner of a lot within the municipality to keep the lot free from weeds,
rubbish, brush, and other objectionable, unsightly, or unsanitary matter; and
WHEREAS, for the health, safety and welfare of the citizens of Lubbock, the City
Council desires to repeal the provisions of Sec. 23-14 in the Solid Waste Chapter of the City of
Lubbock Code of Ordinances and include the new provisions in Chapter 12 of the City of
Lubbock Code of Ordinances to provide clearer regulations and requirements for keeping
properties within the City free from such conditions; and
WHEREAS, the Texas Legislature has amended the Health and Safety Code §342.006 to
provide municipalities with the power to inform the owner by certified mail, return receipt
requested, that if the owner commits another yiolation of the same kind or nature that poses a
danger to the public health and safety on or before the first anniversary of the date of the notice,
the municipality without further notice may correct the violation at the o~ers expense and
assess the expense against the property; and
WHEREAS, the Environmental Inspections Services Department has incurred an
increasing burden and expense of mowing private property by inspecting, mailing notices every
time a violation occurs, and assigning contractors to abate the violations; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of
the citizens of the City of Lubbock to provide for an annual notice to property owners and to
provide for an administrative fee every time a violation is abated by the City; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sec. 23-14 Weeds, in Chapter 23 Solid Waste section of the Code of
Ordinances of the City of Lubbock BE and is hereby repealed and reserved for future use.
SECTION 2. THAT Article V, Division 1. Generally, Chapter 12 of the Code of
Ordinance of the City of Lubbock, Texas, BE and is hereby amended to read as follows:
Article V. Nuisances Generally Division 1. Nuisances, Weeds, Rubbish and
Illegal Dumping.
Sec. 12-101. Definitions:
(a) Environmental Inspection Services. The Department whose duties are to
promote a clean and safe environment through education, inspection and
enforcement related to zoning, junk vehicles, weeds and rubbish,
substandard structures, general sanitation, food protection and vector
control.
(b) · Nuisance. Whatsoever is dangerous to hum.an life or health, whatsoever
renders the ground, the water, the air or the food a hazard or injurious to
hum.an life or health or that is offensive to the senses or that is detrimental
to the public health is hereby declared to be a nuisance.
( c) Rubbish/Brush. Shall mean trash, debris, rubble, stone, useless fragments
of building materials, or other miscellaneous useless waste or rejected
matter.
(d) Unsanitary Matter. Is all putrescible waste, except body waste, including
meat, vegetable, and fruit refuse and carcasses of small animals.
(e) Weeds. Shall mean vegetation that because of its height is objectionable,
unsightly or unsanitary, but excluding shrubs, bushes, trees, cultivated
flowers, and cultivated crops.
Sec. 12-102. General Regulations.
(a) Nuisance: It shall be unlawful for an owner, or any person(s) having
supervision or control of any lot, tract, parcel of land thereof, occupied or
unoccupied, improved or unimproved, within the corporate
2
limits of the City, to suffer or permit a nuisance upon the premises or otherwise,
in, along, upon or across the adjacent sidewalk, parkway or alley to exist.
(b) Weeds: It shall be unlawful for an owner or any person(s) having
supervision or control of any lot, tract, parcel of land thereof, occupied or
unoccupied, improved or unimproved, within the corporate limits of the
City, to suffer or permit grass, weeds or any plant that is not cultivated to
grow to a greater height than twelve (12) inches on an average of the
individual lot, tract or parcel or to grow in rank profusion upon the
premises or otherwise, in, along, upon or across the adjacent sidewalk,
parkway or alley to a height greater than twelve (12) inches on the
average.
(c) Rubbish/Brush: It shall be unlawful for an owner or any person(s) having
supervision or control of any lot, tract, parcel of land thereof, occupied or
unoccupied, improved or unimproved, within the corporate limits of the
City, to suffer or permit any rubbish, brush, or any other objectionable,
unsightly or unsanitary matter of whatever nature to accumulate or be
present upon any lot, tract, parcel of land, or across the adjacent sidewalk,
parkway or alley.
{d) Illegal Dumping: It shall be unlawful for any person to discard, dump, or
unload items such as furniture, appliances, mattresses, carpet or carpet
padding, rubbish/brush, trees and limbs, or any other material which
constitutes a nuisance at any place within the corporate limits of the City,
except at a state permitted or approved landfill or at such other place as
may be designated by the City or the State.
Sec. 12-103. Duty to abate generally.
Every person possessing any place in or on which there is a violation of
the General Regulations in Sec. 12-102, shall, as soon its presence comes to his
knowledge, proceed at once and continue to abate such violation.
Sec. 12-104. Notice and Order to Abate.
In the event that any owner or any person(s) having supervision or control
of the property violates the provisions of this division, the City Environmental
Services Manager, or his designee, shall give notice to the aforementioned
persons setting forth the noncompliance and ordering these persons to abate or
remove the violation described in such notice, within such time as may be
specified in the order.
The City in the notice of a violation shall inform the aforementioned
persons by certified mail, return receipt requested, that if another violation of the
3
same kind or nature that poses a danger to the public health and safety occurs on
or before the first anniversary of the date of the notice, the City without further
notice will correct the violation at the owner' expense and assess the expenses
against the property. If a violation covered by a notice under this subsection
occurs within one-year period, and the municipality has not been informed in
writing by the owner of an ownership change, then the municipality without
notice may take any action permitted and assess its expenses.
SECTION 3. THAT Secti01_112-105, Chapter 12 of the Code of Ordinances ofthe City of
Lubbock, Texas, BE and is hereby repealed and reserved for future use.
SECTION 4. THAT Section 12-106, Chapter 12 of the Code of Ordinances of the City of·
Lubbock, Texas, BE and is hereby amended to read in its entirety as follows:
Sec. 12-106. Abatement by City.
If such owner or any person(s) having supervision or control of the
property in question fails or refuses to comply with the demand for compliance in
the notice within ten (10) days of such notice or publication, the City may do such
work or cause the work to be done to bring the real property into compliance with
this division. The costs, charges, and expenses incurred in doing or having such
work done or improvements made to the real property shall be a charge to and
personal liability of such person.
A statement of the cost incurred by the City shall be mailed to the owner
or any person(s) having supervision or control of the premises, which statement
shall be paid within thirty (30) days of the date of the mailing thereof. In the
event that the statement has not been paid within the thirty (30) day period of time
provided, the City has the right to exhaust the remedies available found in Sec.
12-106.2 of this division.
SECTION 5. THAT the Code of Ordinance of the City of Lubbock, Texas, BE and is hereby
amended by adding the following sections to be numbered Sec. 12-106.1 and Sec. 106.2, which
said sections read as follows:
Sec. 12-106.1 Administrative Fee.
In addition to collecting the costs and expenses incurred by correcting the
violations under Division 1 of this Article, upon abatement by the City, the City
shall charge the swn of One Hundred Seventy Five Dollars ($17 5 .00) per
occurrence which sum is hereby found to be the cost to the City of administering
the terms of this division. The administrative fee will be charged per lot, tract
parcel of land, or across the adjacent sidewalk, parkway or alley, which is hereby
found to be the cost to the City of administering the terms of this division. The
administrative fee shall be adjusted annually commencing October 1, 1997, and
4
each year thereafter, to correspond to the actual cost of providing the applicable
services in accordance to Sec. 1-10 of the Code of Ordinances for the City.
Sec. I 2-106.2 Penalties and Liens.
If a notice is provided to the owner or any person(s) having supervision or
control of such real property, the failure or refusal to comply with the demand for
compliance within the applicable time period shall be deemed to be maintaining a
public nuisance and the City Environmental Inspection Services Manager or his
designee may issue a citation in Municipal Court and/or file a lien upon and
against such real property to include all costs, filing fees, charges and expenses, in
addition to a charge to and personal liability to the owner.
Notwithstanding any provisions of this section to the contrary, the
Environmental Inspection Services Manager or his designated designee has the
authority to issue immediate citations to persons violating any provision of this
section in the presence of said official.
To obtain a lien against the property, the mayor or municipal official
designated by the mayor must file a statement of the expenses incurred to correct
the violation on the premises with the county clerk. The lien statement must state
the name or the owner, if known, and the legal description of the property. The
lien attaches upon the filing of the lien statement with the county clerk. The city
shall have a privileged lien on any lot, tract or parcel of land or portion thereof on
which such expenses were incurred and this lien shall be second only to tax liens
and liens for street improvements, together with ten (10) percent on the delinquent
amount from the date such payment is due.
SECTION 7. THAT should any section, paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 8. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
provided by law.
5
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25th day of September
Passed by the City Council on second reading this 9th day of October
ATTEST:
APPROVED AS TO CONTENT:
ll~~pection
Services Manager
APPROVED AS TO FORM::
da/ccdOCSIWEED.ORD
August 11, 1997
6
1997.
• 1997.
First Reading
Item #~5
September 25 , 1997
ORDINANCE NO. l()Ol q -~------
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE V.
DMSION I OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY;
DECLARING WEEDS, RUBBISH, BRUSH, ILLEGAL DUMPING AND OTHER
OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER A NUISANCE AND
SETTING FORTH REGULATIONS REQUIRING THE OWNER OR PERSONS HAVING
SUPERVISION OR CONTROL OF THE PROPERTY TO KEEP PROPERTY FREE OF
SUCH VIOLATIONS; PROVIDING FOR ABATEMENT OF SUCH VIOLATIONS BY THE
CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT,
INCLUDING PROVISIONS FOR IMPOSmON OF A LIEN; PROVIDING FOR AN
ADMINISTRATIVE FEE BEING THE COST OF ADMINISTERING THE TERMS OF TIIlS
DMSION; PROVIDING FOR A PENALTY CLAUSE, A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the Texas Health and Safety Code Ch. 342.004 provides municipalities with
the power to require the owner of a lot within the municipality,to keep the lot free from weeds,
rubbish, brush, and other objectionable, unsightly, or unsani}ary matter; and
/
WHEREAS, for the health, safety and welfare ~e citizens of Lubbock, the City Council
desires to repeal the provisions of Sec. 23-14 in t~hS lid Waste Chapter of the City of Lubbock
Code of Ordinances and include the new provisions Chapter 12 of the City of Lubbock Code of
Ordinances to provide clearer regulations and re • 1rements for keeping properties within the City
free from such conditions; and
WHEREAS, the Texas Legislature h s amended the Health and Safety Code §342.006 to
provide municipalities with the power to · orm the owner by certified mail, return receipt
requested, that if the owner commits ano er violation of the same kind or nature that poses a
danger to the public health and safetyr1 or before the first anniversary of the date of the notice,
the municipality without further notic may correct the violation at the owners expense and assess
the expense against the property; an
WHEREAS, the Environmf ntal Inspections Services Department has incurred an
increasing burden and expense ci~f mowing private property by inspecting, mailing notices every
ti.me a violation occurs, and as7ning contractors to abate the violations; and
WHEREAS, the City pouncil of the City of Lubbock deems it to be in the best interest of
the citizens of the City of Lubbock to provide for an annual notice to property owners and to
provide for an administrativJ fee every time a violation is abated by the City; NOW I
THEREFORE: I
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Sec. 23-14 Weeds, in Chapter 23 Solid Waste section of the Code of
Ordinances of the City of Lubbock BE and is hereby repealed and reserved for future use.
SECTION 2. THAT Article V, Division l. Generally, Chapter 12 of the Code of
Ordinance of the City of Lubbock, Texas, BE and is hereby amended to read as follows:
Article V. Nuisances Generally Division I. Nuisances, Weeds, Rubbish and
Illegal Dumping.
Sec. 12-101. Definitions:
(a) Environmental Inspection Services. The Department whose duties are to
promote a clean and safe environment through education, inspection and
enforcement related to zoning, junk vehicles, weeds and rubbish,
substandard structures, general sanitation, food otection and vector
control.
(b) Nuisance. Whatsoever is dangerous to h life or health, whatsoever
renders the ground, the water, the air or e food a hazard or injurious to
human life or health or that is offensi to the senses or that is detrimental
to the public health is hereby declar d to be a nuisance.
(c) Rubbish/Brush. Shall mean tr , debris, rubble, stone, useless fragments
iscellaneous useless waste or rejected
matter.
( d) Unsanitary Matter. Is al utrescible waste, except body waste, including
meat, vegetable, and t refuse and carcasses of small animals.
(e) Weeds. Shall mean egetation that because of its height is objectionable,
unsightly or uns · , but excluding shrubs, bushes, trees, cultivated
flowers, and cult" ated crops.
Sec. 12-102. General egulations.
(a)
(b)
shall be unlawful for an owner, or any person(s) having
superY1s10 or control of any lot, tract, parcel of land thereof, occupied or
unoccup · d, improved or unimproved, within the corporate
limits o the City, to suffer or permit a nuisance upon the premises or
othe se, in, along, upon or across the adjacent sidewalk, parkway or
alley o exist.
We ds: It shall be unlawful for an owner or any person(s) having
supervision or control of any lot, tract, parcel of land thereof, occupied or
2
unoccupied, improved or unimproved, within the corporate limits of the
City, to suffer or permit grass, weeds or any plant that is not cultivated to
grow to a greater height than twelve (12) inches on an average of the
individual lot, tract or parcel or to grow in rank profusion upon the
premises or otherwise, in, along, upon or across the adjacent sidewalk,
parkway or alley to a height greater than twelve (12) inches on the average.
(c) Rubbish/Brush: It shall be unlawful for an owner or any person(s) having
supervision or control of any lot, tract, parcel of land thereof, occupied or
unoccupied, improved or unimproved, within the corporate limits of the
City, to suffer or permit any rubbish, brush, or any other objectionable,
unsightly or unsanitary matter of whatever nature to accumulate or be
present upon any lot, tract, parcel of land, or across the adjacent sidewalk,
parkway or alley.
(d) Illegal Dumping: It shall be unlawful for any person to discard, dump, or
unload items such as furniture, appliances, mattres~s. carpet or carpet
padding, rubbish/brush, trees and limbs, or any o tier material which
constitutes a nuisance at any place within the c rporate limits of the City,
except at a state permitted or approved Ian or at such other place as
may be designated by the City or the State
Sec. 12-103. Duty to abate generally.
Every person possessing any place· or on which there is a violation of the
General Regulations in Sec. 12-102, sha , as soon its presence comes to his
knowledge, proceed at once and cont' e to abate such violation.
In the event that any o er or any person(s) having supervision or control
of the property violates the pr visions of this division, the City Environmental
Services Manager, or his de gnee, shall give notice to the aforementioned persons
setting forth the noncomp · nee and ordering these persons to abate or remove the
violation described in sue notice, within such time as may be specified in the
order.
The City in t notice of a violation shall inform the aforementioned
persons by certified ail, return receipt requested, that if another violation of the
same kind or natu that poses a danger to the public health and safety occurs on
or before the firs anniversary of the date of the notice, the City without further
notice will corr the violation at the owner' expense and assess the expenses
against the pr erty. If a violation covered by a notice under this subsection
occurs wit · one-year period, and the municipality has not been informed in
3
against the property. If a violation covered by a notice under this subsection
occurs within one-year period, and the municipality has not been informed in
writing by the owner of an ownership change, then the municipality without
notice may take any action permitted and assess its expenses.
SECTION 3. THAT Section 12-105, Chapter 12 of the Code of Ordinances of the City
of Lubbock, Texas, BE and is hereby repealed and reserved for future use.
SECTION 4. THAT Section 12-106, Chapter 12 of the Code of Ordinances of the City
of Lubbock, Texas, BE and is hereby amended to read in its entirety as follows:
Sec. 12-106. Abatement by City.
If such owner or any person(s) having supervision or control of the
property in question fails or refuses to comply with the demand for compliance in
the notice within ten ( 10) days of such notice or publication, the City may do such
work or cause the work to be done to bring the real property intQM>mpliance with
this division. The costs, charges, and expenses incurred ;;z· n do· £g or having such
work done or improvements made to the real property shal e a charge to and
personal liability of such person.
A statement of the cost incurred by the City Li be mailed to the owner
or any person(s) having supervision or control o(the premises, which statement
shall be paid within thirty (30) days of the date16fthe mailing thereof. In the
event that the statement has not been paid wjthin the thirty (30) day period of time
provided, the City has the right to exhaust t:lie remedies available found in Sec.
12-106.2 of this division.
SECTION 5. THAT the Code of Or inance of the City ofLubbock, Texas, BE and is
hereby amended by adding the following ctions to be numbered Sec. 12-106.1 and Sec. 106.2,
which said sections read as follows:
Sec. 12-106.1 Administrati t Fee.
In addition to coll cting the costs and expenses incurred by correcting the
violations under Divisi I of this Article, the City shall charge the sum of One
Hundred Seventy Fiv ollars ($175.00) per occurrence which sum is hereby
found to be the cost the City of administering the terms of this division. The
administrative fee ·u be charged per lot, tract parcel ofland, or across the
adjacent sidewal , parkway or alley, which is hereby found to be the cost to the
City of adminis ering the terms of this division. The administrative fee shall be
adjusted ann ly commencing October 1, 1997, and each year thereafter, to
correspond the actual cost of providing the applicable services in accordance to
Sec. 1-10 the Code of Ordinances for the City.
4
I
I
Sec. 12-106.2 Penalties and Liens.
If a notice is provided to the owner or any person(s) having supervision or
control of such real property, the failure or refusal to comply with the demand for
compliance within the applicable time period shall be deemed to be maintaining a
public nuisance and the City Environmental Inspection Services Manager or his
designee may issue a citation in Municipal Court and/or file a lien upon and against
such real property to include all costs, filing fees, charges and expenses, in addition
to a charge to and personal liability to the owner.
Notwithstanding any provisions of this section to the contrary, the
Environmental Inspection Services Manager or his designated designee has the
authority to issue immediate citations to persons violating any provision of this
section in the presence of said official.
To obtain a lien against the property, the mayor or municipal official
designated by the mayor must file a statement of the expenses incurred to correct
the violation on the premises with the county clerk. The lien statement must state
the name or the owner, if known, and the legal description of the property. The
lien attaches upon the filing of the lien statement with the county clerk. The city
shall have a privileged lien on any lot, tract or parcel of land or portion thereof on
which such expenses were incurred and this li,en shall be second only to tax liens
and liens for street improvements, together fath ten (10) percent on the delinquent
amount from the date such payment is duf
SECTION 7. TifAT should any secti n, paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional r invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 8. THAT the City cretary is hereby authorized and directed to cause
publication of the descriptive caption f this Ordinance as an alternative method of publication
provided by law. I
5
JdB-fJ:J 3 ;z at Lubbock County, Texas and the attached print-
ed copy ofthe, ____ ~....,....,_----------.--.-'·s a true copy of the ori ·nal and was printed in the Lubbock
lanche-Journal on the following dates: I '1.
Morris Communication Corporation
Subscribed and sworn to before me this
FORM!iS-10
l>t{tO . l'IIU p 01'
MAI<·
ING
CITY
SECTION 2. THAT vlolatlon ol any
provl,lon of thl, Ordinance •hall be
llffmeda ml1d1m110nor PUnlllhoble
by fin• not ta e.ceed Two Tnou-
aand NonlXI DDllor• 112.00U,IIO) as
provided in Sllctlen 29·31 of Iha zon-
1<111 OrdlnGtlCI of Iha City of Lub-bock. .
ORDINANCE NO. 10011 i
AN ORDINANCE AMENDING'
ZONING ORDlHANCE NO. 708''
AND THE OFFICIAL MAP OF'
Tl-IE CITY OF LUBBOCK MAk-
l NG THE FOLLOW 1111 G i
CHANGES: ZONE CASE NO. 2801; A ZONING CHANGE FROM R•I TC C·UONING ON LOT,, BLOCK,,
l, WEST-GATE DRIVE ADDI• TION, LUBBOCK, TEXAS; SUI!-t J ECT TO CONDITIONS; PROVID• .-
ING A PENAL TY; PROVIDING A ,
SAVINGS CLAUSE AND'PROVID-
ING FOR PUBLICATION.
c>
NOTARY PUBL in and for the State of Texas
My Commission Expires .................. ___ _
. • oitotNANCI! 110. 1am ·1
AN ORDINANCE AMENDING
ARTICLE IX OF CHAPTER 140F '
f
'.. THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEX·
AS, WITH REGARD TO SEXUAL-
LY ORIENTED BUSINESSES
1, . WITHIN THE qTY; SETTING
. FORTH DEFIN.ITIONS; SETTING FORTH AFFIRMATIVE DE•·
FEN SES; PROVIDING FOR PER•
MITS AND PERMIT APPLICA-
' TIONS; PROVIDING FDR IN· ;t SPECT!ONS;'PROVIDING FOR ~ SUSPENSION AND REVCCA·· TION OF PERMITS; PROVIDING
FOR ADDITIONAL REGULA·
TIONS; ESTABLISHING AGE RE-
OUIR EME NTS; RENUMBER•
ING; PROVIDING A PENALTY;
PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATIUN.
Sec. 14-265 Penalty.
Wherever in 1'115 Article any act ts prohibited or declared to be unlaw-
ful, or the doing of onv ocl Is re-quired or I/le !allure la do any ad
15 declared to be unlawful, the 'via-
. lallon al onv such Provh;lon of !his
Article I• o Class C misdemeanor
punishable bv II Jfne ol nor more
lhon two lhouson<I IS2,D00.00),
Each day aueh vlalallon continues
sholl conslitule a ll<lPOrale offense.
R&V<ICOIMIII DI a --lholl nor be i a-• IJ&Clln•I .,..,_utlool. ,