HomeMy WebLinkAboutOrdinance - 9786-1995 - Amending Chapter 24 Code Of Ordinances Regulate Defective Sidewalks. - 03/09/1995First Reading
March 9, 1995
Item fll9
Second Reading
March 23, 1995
Item #5
ORDINANCE NO. _9_78_6 __
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE APPROPRIATE CITY
OFFICIAL TO REGULATE DEFECTIVE SIDEWALKS, DRIVEWAYS, ETC., AND TO
APPROVE BARRICADING OF CONSTRUCTION IN PUBLIC RIGHT OF WAY;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the Building Official is assigned duties by ordinance with regard to
defective sidewalks, driveways, etc. (nuisances), which duties would be more properly
performed by the Environmental Inspection Services Manager or designated representative;
and
WHEREAS, the Building Official is assigned duties by ordinance with regard to
barricading of construction in public right of-way, which duties would be more properly
performed by the City Traffic Engineer; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 24-64 ofthe Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 24-64. Defective sidewalks, driveways, etc. --Nuisance declared; duty of
abutting owner to repair generally.
Any sidewalk, parkway, driveway or curb which has become defective, unsafe
and hazardous is hereby declared to be a nuisance and it shall be the duty of the owner
of any property abutting on any street, avenue, public alley, place, square, section or
part thereof, along which sidewalks, curbs or driveways are ordered to be
reconstructed or repaired within thirty (30) days from the receipt of notice as provided
for in the following section, to reconstruct or repair such sidewalk, curb or driveway
in accordance with the standard specifications established by this article and the
expense of such reconstruction or repair shall be borne by the abutting property
owner. Any abutting owner who fails to reconstruct or repair sidewalks, curbs or
driveways ordered to be reconstructed or repaired by the City Environmental
Inspection Services Manager or designated representative shall be guilty of a
misdemeanor.
SECTION 2. THAT Subsection 24-66(a) of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
(a) Whenever the City Environmental Inspection Services Manager or
designated representative receives information and proof of the existence of a
defective sidewalk, curb, gutter or driveway situated on public property within the
city, he shall issue a written notice and order requiring the repair or reconstruction of
the same in accordance with the plans and specifications provided for by this article
and notifying the owner of the abutting property or the agent thereof to have such
defective sidewalk, driveway, curb or gutter so reconstructed and repaired within
thirty (30) days from the service of the written notice. He shall attach to such notice a
copy of this section and the preceding section and send a copy of the notice to the
assistant city attorney in charge of prosecution in the municipal court.
SECTION 3. THAT Subsection24-71(a) ofthe Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
(a) Submission of plan. Any Contractor, subcontractor, corporation, firm,
company, or person who shall undertake to perform any work upon, in, under, above,
or about any street, alley, curb, gutter, sidewalk, or any public right-of-way within the
city shall, after the issuance of a construction and/or street use permit for such work,
furnish the City Traffic Engineer a scale plan or sketch showing the work areas, the
space within the right-of-way required for the work, and a proposed plan for the use
of barricades, signals, signs, flags, flares and other traffic control and safety devices
about the work area, which plan, referred to in this section as the "barricade plan,"
shall conform to the requirements set forth in the barricade manual adopted below,
and such plan shall be deemed a part of said permit. This section shall not apply to
utility companies or the City when either are engaged in work involving overhead
signals, communications, and/or electric circuits; provided that said utility companies
or the City shall establish and maintain adequate warning devices when engaging in
work involving overhead signals, communications, and/or electric circuits.
SECTION 4. THAT Section 24-72 of the Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 24-72. Decisions of City officials.
The decisions of city officials with reference to any such work done under the
provisions of this article and with reference to all materials, whether free or
incorporated in the work, shall be fully binding on all parties in interest, and such
decisions shall be in all cases strictly in keeping with the intent and purpose of this
article and free from all bias and unfairness.
SECTION 5. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of
Lubbock, Texas.
SECTION 6. THAT should any paragraph, section, sentence, phrase, clause or word
of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
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SECTION 7. 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 9th day of __ M_a_r_c_h ___ ,, 1995.
Passed by the City Council on se
ATTEST:,· ~»;~ ett)': Johns~ Secretary
APPR~ ;~z_o CONTENT: r;~BWI&ng~
iiald G. Vandiver, First Assistant City Attorney
ddord/ccdocs/STBAR.ord
February 21, 1995
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LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
NOT RY PUBLIC in and or the State of Texas
My Commission Expires .................. ___ _
Subscribed and sworn to before me thi.,..s ---1lr-----'day of_--""/Ju:L~=--=--iY,_ _____ lg, __ q.:.....:~=-----
FORM 58-10
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