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Home My WebLink AboutOrdinance - 6107-1971 - Repealing Sections 12-3., 12-4., 15-28-1 & 14.20 Code Of Ordinance, Sec. 14-1 - 06/10/1971_;:: -: ·. . . ·---JI - .,,.,,..,,--... · '-". { .... ·. .. -~ ~-'; .. . ' .,,.-. , ;-" ~ ... , ~. . ~-.. ·-. ~ ·- - - GSL:11 ORDINANCE NO. 6107 AN ORDINANCE REPEALING SECTIONS 12-3., 12-4., 15-28-1., AND 14-20 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; BY AMENDING SECTION 14-1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK TO DEFINE WEEDS; BY ArvrENDING SECTION 14-19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK REGULATING THE HEIGHT TO wmCH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO GROW IN THE CORPORA TE LIMITS OF THE CITY OF LUBBOCK UPON PRIVATE PROPERTY; REQUIRING OWNERS TO KEEP PRIVATE PROPERTY FREE OF RUBBISH, BRUSH AND ANY OTHER OBJECTIONABLE UNSIGHTLY OR UNSANITARY MATTER OF WHATEVER NATURE; REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UN- CULTIVATED PLANTS SHALL BE PERMITTED TO GROW ALONG, ACROSS ABUTTING SIDEWALKS, PARKWAYS AND ALLEYS; PROVIDING FOR NO- TICE OF VIOLATION AND DECLARING A MISDEMEANOR THEREOF; PRO- VIDING FOR THE CUTTING AND REMOVAL OF GRASS, WEEDS, RUBBISH, BRUSH AND ANY OTHER OBJECTIONABLE UNSIGHTLY OR UNSANITARY MATTER OF WHATEVER NATURE, WITH THE COOT INCURRED TO CON- STITUTE A LIEN AGAINST THE PREMISES; PROVIDING A PENALTY; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING GRASS, WEEDS, RUBBISH AND BRUSH; PROVIDING A SAVING:i CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock has found tpat the health, safety and welfare of many of the citizens of the City of Lubbock is adversely affected by the existen<',e of uncultivated grass, weeds and the ac- cumulation of brush, rubbish, unsightly and unsanitary matter upon private property within the corporate limits of the City and that the folbwing changes to correct conditions would be in the best interest of the citizens of Lubbock, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 12-3. • 12-4. • 14-20. and 15-28-1. of thE Code of Ordinances of the City of Lubbock BE and are hereby repealed. SECTION 2. THAT Section 14-1. of the Code of Ordinances of the Cit, of Lubbock BE and is hereby amended by adding thereto the following definitio r1: Section 14-1. Definition: Weeds: The term weeds shall include any uncultivated plant which is obnox- ious and injurious to man, animal, cultivated or ec- onomically useful plant life. • r . , . ..~ .. ·-... . : .. ~ ..._.:•, . -'., , .. ,- SECTION 3. THAT Section 14-19 of the Code of Ordinances of the City of Lubbock BE and is hereby amended to read as follows: Section 14-19. Weeds. 1. It shall be unlawful for any person, firm, cor- poration, partnership, association of persons, owner, agent, occupant or anyone having supervi- sion or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Lubbock to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve (12 11) inches on an• aver- age of the individual lot, tract or parcel or to grow in rank profusion upon the premises. 2. It shall be unlawful for any person, firm, cor- poration, partnership, association of persons, owner, agent, occupant or anyone having supervi- sion or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Lubbock to suffer or permit any rubbish, brush, and any other objectionable, unsightly or unsanitary matter of whatever nature to accumu- late or be present upon any lot, tract or parcel of land. 3. It shall be unlawful for any person, firm, cor- poration, partnership, association of persons, owner, agent, occupant or anyone having supervi- sion or control of any lot, tract, parcel of land or po11tion thereof, occupied or unoccupied, improved or urlµiproved, within the corporate limits of the City of Lubbock to suffer or permit grass, weeds or any plant that is not cultivated to grow in rank pro- fusion, or otherwise, in, along, upon or across the abutting sidewalk, parkway. or alley to a height greater than twelve inches {12 11) on the average. 4. When any violation of this section exists or is found to exist and is reported to the clerk of the ,, . · .... · ... ". .,... .· :· ' ... ~ . ., . \ . .. ·✓• ........ , "' . . , ·~. ,· ' •I Municipal Court a notice by certified or regist~red letter will be addressed to the post office address of the owner and occupant, or by publication in a local newspaper as many as two times within ten (l.()) cop~ secutive days, if personal service may not be had, of the violation and specifing a stated length of time, to be not less than ten {10) days from the date of the receipt of the notice, to correct the condition r~1:mlting in the violation. Failure of the owner or occupll:nt to correct the condition within the specified period''of time shall constitute a misdemeanor. 11 '\ j ' .\ \ ' I I I ,; I 5. The City may, after notice and the expiration of the specified period of time to correctthe violation, enter upon the lot, tract, or parcel of land or pof ... tion thereof and do such work as necessary or cause the same to be done :in order to correct the violation. A statement of the cost incurred by the City of Lubbock shall be mailed to the owner of the premises, which statement shall be paid within thirty (30) days of t'he 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 Mayo:,;-,··_, of th~ Cfty of Lubbock may file a statement with the County cierk of Lubbock of the expenses incurred 'b correct the \vio- lation on the premises, and the City of Lubbock shall have a privileged lien on any lot, tract, parcel of land or protion thereon where such expenses were incur.red and this lien shall be second only to tax liens and liens for street improvements, together with ten per cent {10%) on the delinquent amount from the date such · ·. payment is due. For any such expenditure and inter,est, as aforesaid, suit may be instituted and recovery and foreclosure had :in the name of the City of Lubbock, '.and the statement so made, as aforesaid, or a copy thereof shall' ,be prima facie proof of the amount expended in any such work performed by the City of Lubbock. \ SECTION 4. THAT any person, firm, corporation, partnership, as_sp~-.' iation of persons, owner, agent, occupant or anyone having supervision or c ntrol of any lot, tract, parcel of land or portion thereof failingJo com- PlY 1 1,~·th this section hereof shall be guilty of a misdemeanor and upqn convic- tion·· t ereof shall be subject to a f:ine not to exceed TWO HUNDRED DOLLARS '. I' ' . ·, .. ·-< ·."• ... : .......... v· ,. --=~ .. ~ and each and every dayrs violation thereof shall constitute a separate and distinct offense. The failure of any corporation, partnership or association of persons owning or operating. having supervision or control of any lot, tract, parcel of land or portion thereof to comply with any of the provisions hereof shall render the President, Vice-President, Local Manager, Partner Local Agent, or associate, heir or devisee liable to the penalty presecribed in this section. SECTION 5. THAT this ordinance shall be cumulative of all other ordinances of the City of Lubbock relating to the subject matter hereof ex- cept where such ordinances or parts thereof are in conflict with the provisio s of this Ordinance, in which event, such ordinances or parts of ordinances so conflicting are hereby expressly repealed. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any rea son, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative me- thod provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this 1 ~=,_ Passed by the Council on second reading th· J. reasurer June , 1971. ,--.-------June • 1971. _...__.......;. __ ~ /