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Home My WebLink AboutOrdinance - 1170-1952 - Open Excavated Places, Surface Drainage Facilities. - 01/10/1952ol-lo-t95:a ORDINANCE NO, 1170 01-29-\~10.2-a AN ORDINANCE DECLARING OPEN EXCAVATED PLACES IN THE CITY OF LUBBOCK NOT HAVING SURFACE DRAINAGE FACILITIES OR WHICH ARE USED FOR CONTAINING TRASH, RUBBISH, JUNK, ETC., OR CAP- ABLE OF BEING USED FOR SUCH PURPOSES, TO BE NUISANCES DANGER--, OUR TO THE PUBLIC HEALTH; REQUIRING OWNERS TO FILL IN SUCH PLACES; PROVIDING PENALTIES FOR MAINTAINING SUCH NUISANCES; PROHIBITING THE STORING, PLACING OR CONTINUED USE OF ANY SUCH OPEN EXCAVATED PLACE FOR CONTAINING TRASH, RUBBISH, JUNK, ETC. i AUTHORIZING INSPECTION AT REASONABLE TIMES OF ALL OPEN EXCAVATED PLACES BY THE CITY HEALTH OFFICER AND THE FIRE MARSHALLi AUTHORIZING WRITTEN NOTICE TO OWNERS AND PERSONS HAVING CONTROL OF ANY SUCH OPEN EXCAVATED PLACE; PROVIDING THAT OWNERS SHALL ABATE SUCH NUISANCES WITHIN TEN (10) DAYS AFTER NOTICE; PROVIDING FOR ABATEMENT OF SUCH NUl- SANCES BY THE CITY; ASSESSMENT OF LOTS FOR EXPENSE INCIDENT TO ABATEMENT OF SUCH NUISANCES; PROVIDING THAT EACH DAY SUCH NUISANCE EXISTS SHALL BE A SEPARATE OFFENSE; PROVIDING SAVINGS CLAUSE; AND AUTHORIZING SUITS TO FORECLOSE LIEN FOR EXPENSE INCURRED BY CITY IN ABATING SUCH NUISANCES, AS PROVIDED BY ARTICLE 4436, REVISED CIVIL STATUTES OF TEXAS. , WHEREAS, certain excavations have been made in the City of Lubbock apparently to be use d as basements .or underground parts of proposed struc- tures in residential and business districts which are heavily populated and the construction has been discontinued and the excavated places have remained open for one or more years and are being used as containers for junk, trash, filthy, unwholesome and unsanitary matte r dangerous to public health, TH:e:REFORE, G~--~----------=---------------------------~ I .-' l BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: V SECTION l. Any and ail of the following conditions are hereby declared to be nuisances dangerous to the public health: (1) Any open excavated place upon any lot or lots within the corporate limits of the City of Lubbock, not having surface drainage facilities to prevent the accumulation of standing water in such open excavated places, or which open excavated place upon any lot or lots contain any trash, rubbish, junk, rock, scrap metal, scrap wood, paper, animal matter, weeds, junk vehicles, discarded vehicles, motor vehicles not being used for transportation purposes, tires, tubes, upholstering, rotted materials of any kind, rats, rat nests, rat signs, or other filth or other objectionable, unsightly, unwholesome or un- sanitary matter. {2) Any open excavated place upon any lot or lots in the City of Lubbock where such excavation is below the grade of the gutter on the street abutting any such lots of land, and which excavation is capable of being used for or is being uses!_ for the purpose of depositing, accumu- lating, storing or otherwise keeping any trash, rubbish,. junk, rock, scrap metal,. scrap wood, paper, animal matter, weeds, junk vehicles, discarded vehicles, motor vehicles not being used for transportation purposes, tires, tubes, upholstering, rotted materials of any kind, rats, rat nests, rat signs~ or other filth or other objectionable, unsightly, unwholesome or unsanitary matter. SECTION 2. The owner of any lot or lots in or on which there is a nui- sance as described in Section 1 (One) of this ordinance shall, as soon as its presence comes to his knowledge, proceed at once and continue to abate the said nuisance, md it shall be the duty of any such owner or owners of any such lot or lots to forthwith fill in the excavated place with soil or other suitable materials to a grade not lower than the gutter line of the abutting street, and supply proper drainage from such lot or lots. SECTION 3. Every owner of any lot or lots in the City of Lubbock coming within the provisions of Section 1 (One) of this ordinance who shall permit, main- tain, suffer or use any open excavated place upon or in any lot or lots in the City of Lubbock for the uses described in Section 1 (One) of this ordinance shall be guilty of maintaining a nuisance and, upon conviction, shall be fined in any sum not exceeding Two Hundred Dollars ($200). SECTION 4. Any owner or other person who shall store, place or continue to store, place or permit or suffer the continued use of any open excavated place under his control upon any lot or lots in the City of Lubbock for the uses described in Section 1 {One) of this ordinance, shall be guilty of maintaining a nuisance and, upon conviction, be fined in any sum not exceeding Two Hundred Dollars ($200). SECTION 5. The City Health Officer, the Fire Marshall of the City of Lubbock, and any other officers or employees designated by the City Manager ·. are hereby authorized to inspect any open excavated place upon any lot or lots in the City of Lubbock at all reasonable times1 and where any such nuisance as described in Section 1 (One) o,f this ordinance shall exist, to give the owner and other persons, if any, having control thereof, notice in writing that such nui- sance exists within the provisions of this ordinance, which notice shall require the owner or other person to abate any such nuisance and comply with the pro- visions hereof by filling in the excavated place with soil or other suitable materials to a grade not lower than the gutter ~e of the abutting stteet, and supply proper drainage from such lot. or lots. Such notice may be given by delivering the same to the owner or other person, in person or by letter addres sed to such owner or other person at his post office address with return receipt requested, or by publication, as many as two (2) times within ten (10) consecu- tive dayst if personal service of the notice may .not be had, or if the ownerts address is not known. J SECTION 6. It shall be the duty of any such owner to comply with the provisions of such notice and abate such nuisance within ten {10) days after the date of such notice, and if such owner or other person in control of such lot or lots shall for any reason fail or refuse to abate such nuisance, or if the owner 1 s address be not known, or if personal service cannot be had, as provided by Article@-436, Revised Civil Statutes of Texas1 the City Manager shall, upon approval by the governing body of the City of Lubbock, cause the abatement of any such nuisance on account of the owner of said lot or lots, and the expense thereof shall be assessed against the lot or lots ·upon which it was incurred, and the City Health Officer shall file with the County Clerk of Lubbock County a statement of such expense, and a copy of such statement with the City Attor- ney1 who shall be authorized to timely file suit to foreclose the lien for such improvements, as provided by Article 4436, Revised Civil Statutes of Texas. SECTION 7. Each day, that any condition shall exist that is declared to be a nuisance by Section 1 (One) of this ordinance1 shall constitute a separate offense. SECTION 8. The provisions of this ordinance are declared to be sever- able and cumulative, and if any portion or section is held unconstitutional by a court of competent jurisdiction, the remaining portions shall nevertheless be valid the same as if the invalid portion had not been a part hereof. SECTION 9. The City Attorney, upon written request by the City Manager~ is authorized to prosecute any and all suits when dee:rned necessary or exped- ient to abate any condition declared to be a nuisance by the provisions of this ordinance. SECTION 10. The provisions of this ordinance relating to and requiring the filling up of open excavated places shall not apply to excavations made under the terms of an uncancelled building permit duly issued by the Building Inspector and the excavated place is maintained in a clean and sanitary manner and the construction is reasonably continuous. AND IT IS SO ORDERED. /' ' .· BEGINNING at a point in the North-South half section line of Section Seven {7), Bloc.k B (Avenue '1H11 )V Lubbock County, Texas, said point being 48.5 {eet No~th of the South line of said Section 7, Block B; THENCE West a distance of 237.5 feet parallel to and 48.5 feet distant from the said South line of Section 7, to a point; THENCE Southwesterly a distance of 100 feet more or less to a point, said point being forty-five (45) feet North of the said South line of Section 7; THENCE West a distance of 2647.5 feet parallel to and forty-five (45) feet distant from the said South line of said Section 7 to a point; THENCE Northwesterly a distance of 100 feet to a point, said point being 48.5 feet North of the said South line of said Section 7; THENCE West a distance of 190 feet parallel to and 48.5 feet distant from the said South line of Section 7 to a point, said point being in the East line · of Avenue 11Q. 11 On the South side of 34th Street the building line is re-established as follows: BEGINNING at a point in the North-South half section line of Section Eight (8), Block B (Avenue 11H11 ), Lubbock County, Texas, said point being 48.5 feet South of the North line of said Section 8; THENCE West a distance of 237.5 feet parallel to and 48.5 fe'et distant from the said North line of said Section 8 to a point; THENCE Northwesterly a distance of 100 feet more or less to a point, said point being forty- five {45) feet South of the said North line of said Section 8; THENCE West a distance of 2647.5 feet parallel to and forty-five (45) feet dis- tant from the said North line of said Section 8 to a point; THENCE Southwesterly a distance of 100 feet more or less to a point, said point being 48,5 feet South of the North line of said Section 8: THENCE West a distance of ZOO feet parallel to and 48. 5 feet distant from the said North line of said Section 8 to a point, said point being in the East line of Avenue 11Q. 11 SECTION 3, A building line is hereby established on 34th Street extended East, as follows: \On the North side: BEGINNING at a point in the North-South half section line of Section Seven (7), Block B {Avenue 11 H'1)/ Lubbock County, Texas, said point being 48. 5 feet North of the South line of said Section 7; THENCE North 88° 18' West a distance of 575 feet more or less to a tangent point of ten degree curve on Slaton Highway U. S, 84, said point being 65.25 feet North of the said South line of Section 7. On the South side: BEGINNING at a point in the North-South half section line of Section Eight {8), Block B (Avenue 11H"), Lubbock County, Texas, said point being 48.5 feet South of the North line of said Section 8; THENCE North 88° 361 West a distance of 575 feet more or less to a tangent point of ten degree curve on Slaton Highway U. S. 84, said point being 34, 75 feet South of the said North line of said Section 8. _..,[J . • SECTION 4. The ·term, ·-"building line, 11 as used .herein shall be con- strued to mean 11street right-of-way line, n and the set-back requirements under Zoning Ordinance No. 661 shall apply in addition to the right-of-way lines, or building lines, herein established, it being the intent and purpose of the Ordinance to preserve all land within the building lines herein estab- lished for ultimate street purposes. SECTION 5. That no building or other structure shall be erecte,d, re- erected, or substantially repaired, and no new structures or parts thereof shall be-erected or re-erected4on that part of'the street herein designated within said lines herein established. SECTION 6. That all structures now extending into or being located within or between said building lines herein established are hereby required to conform to the lines herein established within five {5) years from the effective date of this Ordinance. SECTION 7. That the provisions of this Ordinance prohibiting the plac- ing of structures between the building lines herein established shall not apply to any officer, agent, employee or other person duly authorized by the City of Lubbock, when such work relates to utility extensions or street improve- ments, .PROVIDED this provision shall not be construed as authorizing any such persons to enter upon private property lying between such lines until the same has been dedicated to public use or otherwise acquired for such purpose • SECTION 8. The City Secretary is hereby directed to cause publication of the descriptive caption 'of this Ordinance as an alternative provided by law. AND IT IS SO ORDERED. On motion cf Commissioner Thomas , seconded by Commissioner Morris , the foregoing Qr.dina.nce was approved and passed on first reading this loth day of ., ·January , 1952, by the following Commission- ers voting "Yea": Comnis sion.e rs, Morris, Davis and Thomas, and Mayor and the following voting "Nay": None Whiteside On motion o~f Commissioner Davis.: , seconded by Commis- sioner Thomas , ·the foregoing Ordinance was approved and passed on second reading this 29th day of January , 1952, by the following Commissioners voting "Yea11 : Morris, Hufstedler, Davis, Thomas and Mayor Whiteside and the following voting 11Na y": None .~ I').~L: 2 c.-~ ,.,.-{Clarence K. Whitesi<J..a./ ---------Ma~~----~------ATTEST:~ Lavenia Ill~~ ------___ ...., ______ _ City Secretary £"~ VEW:sv REQ.I TOP~ From: Q.U, On Han\ Terms_ Delivery P. 0.1 r/~ "t THE STATE OF TEXAS } COUNTY OF LUBBOCK Erle i'la.rie Brown ~-oN lo•"':li)'lt .... ~.\otl!' 'l'l t..~,o .80...ia~ \lH.wt.e: ,..n· Before me a Notary Public in and for Lubbock !-.1!: NQt!:.'ftl~ lL -"''"' -· 1-'arker F. Prouty this day personally appeared , President, Avalanche-Joumol Publishing Company, publishers of The Lubbock Lubbock Evening Journal-Sunday Avalanche-Journal, who after being did depose and soy that said newspaper has been published contir.,1 Legal Notice fifty-two weeks prior to the first insertion of thi , '> Lubbock County, Texas, and that the attached printed copy of is a true copy of the original and was printed in the said paper ~~~a. ... "'" ........ ~~~xt .... · I on the following dates: Feu.1ua. ... y 8 and J.), J..7.J6<. , ~ l./'A,<-4&6 ..7, H fL.-. Subscribed and swam to before me thi-:>------