HomeMy WebLinkAboutOrdinance - 9813-1995 - Amending Chapter 28 Code Of Ordinances Enforcement Procedures - 06/08/1995First Reading
June 8, 1995
Item #12
Second Reading
June 22, 1995
Item 116
ORDINANCE NO. __ 98_1_3_
AN ORDINANCE AMENDING CHAPTER 28 OF TilE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE PROCEDURES TO BE
FOLLOWED WITH REGARD TO ENFORCEMENT PROCEDURES; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, it is the opinion of the City Council that the best interests of the citizens
of the City of Lubbock would be served by amending the administrative procedures for
enforcement of city wastewater regulations; NOW THEREFORE:
BE IT ORDAINED BY TilE CITY COUNCIL OF TilE CITY OF LUBBOCK:
SECTION 1. THAT Section 28-137 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-137. Administrative procedure.
(a) The administrative procedure to address noncompliance with this Chapter
when such non-compliance does not amount to an imminent or substantial
endangerment to the health or welfare of persons; to the environment, causes
interference to the POTW or contributes to causing the city to violate any provision of
its lNRCC permit and NPDES permit shall include the following:
(I) Issuance of an initial notice of significant noncompliance requiring
correction of the situation within a period often (10) to thirty (30) days as
specified by the inspector.
(2) Issuance of a notice of continuing violation requiring correction
within ten (I 0) days.
(3) Issuance of a citation for violation of the this Chapter if such
noncompliance has not been corrected.
(b) The procedure outlined in this section shall not be deemed to supersede the
procedure set forth in Section 28-136 for any actual or threatened discharge which
presents or may present an imminent or substantial endangerment to the health or
welfare of persons, to the environment, causes interference to the POTW or
contributes to causing the city to be in violation of its TNRCC permit and NPDES
permit.
SECTION 2. THAT Section 28-138 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby repealed and that number is reserved for future use.
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It
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SECTION 3. THAT Section 28-140 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 140. Criminal Penalties.
Any user who fails to comply with any provision of this article shall be guilty
of a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances
of the City of Lubbock, Texas. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense.
SECTION 4. THAT violation of any provision of this ordinance shall be a
misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of
Lubbock, Texas. Each day on which a violation shall occur or continue shall be deemed a
separate and distinct offense.
SECTION 5. 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.
SECTION 6. 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.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this .a.tb._ day of _ _.J ..... u..,n..,.e ___ ___;, 1995.
Passed by the City Council on seco
ATTEST:
'B~~mcy
I.
APPROVED AS TO CONTENT:
s ·~~ ~ok, Director of Water Utilities
APPROVED AS TO FORM:
ddordlccdocs/watenf.ord
May 31,1995
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LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation