HomeMy WebLinkAboutOrdinance - 8989-1986 - Ordinance 8989 Amending Chpts. 2 & 19 Adding Article III Titled "Diseased Trees" - 11/20/1986II r .! 'I
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First Reading
November 20, 1986
Agenda Item #5
Second Reading
December 11, 1986
Agenda Item #7
ORDINANCE NO. 8989
AN ORDINANCE AMENDING CHAPTERS 2 & 19 OF THE LUBBOCK CITY CODE BY
ADDING AN ARTICLE III ENTITLED 11DISEASED TREES11 , WHICH DEFINES CERTAIN
NUISANCES; PROVIDES NOTICE OF ABATEMENT AND APPEAL FROM SUCH NOTICE AND
GIVES THE PARKS AND RECREATION BOARD POWER TO HEAR SUCH APPEALS; PROVIDES
FOR THE CITY TO ABATE SUCH NUISANCE AND ASSESS THE COSTS TO THE PROPERTY
OWNER; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock has determined that
diseased trees and plants can be dangerous to persons and property, and
constitutes a public nuisance; and
WHEREAS, the City Council has determined the following amendment
providing for abatement of such nuisance is to the benefit of the public
health, safety and general welfare and is 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 the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding an article to Chapter 19, to be numbered Ch. 19,
Article III, which said Article reads as follows:.
"Article III. Diseased Trees
Section 19-3e. Nuisance Defined. Any tree or plant which is
capable of causing an epidemic spread of communicable disease is
hereby declared to be a public nuisance.
Section 19-39. Abatement of nuisance by owner of property. It
shall be unlawful for any person, owner, or occupant having
supervision 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 to permit ~r maintain on any such lot,
tract, or parcel, any tree or plant which is a public nuisance as
defined herein, and it shall be the duty of such person, owner, or
occupant to promptly remove, eradicate, or otherwise control such
condition.
Section 19-40. Inspections. The Director of Parks and
Recreation or his representative is hereby authorized to enter upon
any lot or parcel of land in the City at any reasonable hour for the
purpose of inspecting trees or plants in order to accomplish the
purpose of this Ordinance.
Section 19-41. Notice. The Director of Parks and Recreation
of the City of Lubbock or his representative shall give to the owner
or occupant having supervision or control of the premises where a
public nuisance, as herein defined is found, written notice of the
existence of such nuisance and an order detailing the requirements of
abatement to be completed within a reasonable time to be specified in
such notice. If personal service may not be had, service may be made
by publication. Failure of the owner or occupant to correct the
violation within the specified time shall constitute a misdemeanor.
Section 19-42. Appeal from notices; hearing. The owner or
occupant served with notice as described in Section 19-41 above,
shall have the right to appeal the order of the Director of Parks and
Recreation to the Parks and Recreation Board. Notice that such owner
or occupant desires to appeal shall be submitted in writing to the
Director of Parks and Recreation or his representative within the
time specified for abatement in the notice. Upon receipt of a notice
of appeal, the Director of Parks and Recreation shall schedule a
meeting with the Parks and Recreation Board as soon as practicable to
consider such appeal. Until a final determination by the Parks and
Recreation Board, work required to be done by the Director of Parks
and Recreation shall not be required, and if the Parks and Recreation
Board sustains all or any part of the order, it shall set the time
within which the work required to be done shall be done.
Section 19-43. Work done by City; assessment of costs. If any
work required to be done by the Director of Parks and Recreation or
the Parks and Recreation Board is not accomplished within the time
specified, the Director of Parks and Recreation shall cause the work
to be done and the cost of the same shall be assessed against the
property owner. Any notice given pursuant to this ordinance shall
state that if the work required is not done within the time
specified, the City will cause the same to be done at the expense of
the property owner. A statement of the costs incurred by the City
shall be mailed to the property owner and such statement shall be
paid within thirty (30) days of the date of mailing thereof. If any
property owner is unable to pay the cost of such work within thirty
(30) days, he may enter into an agreement for the payment of the same
in monthly installments.11
SECTION 2. That the Code of Ordinances, City of Lubbock, Texas, is
hereby amended by adding a subsection to be numbered 2-259(c) which said
section reads as follows:
11 (c). The park and recreation board shall have, in addition to the
above responsibilities, the power and duty to hear appeals
from orders of the Director of Parks and Recreation
concerning diseased trees under Article III, Chapter 19 of
this Code."
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I I SECTION 3. That violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed two hundred
dollars as provided in Section 1-4 of the City Code.
SECTION 4. That should any 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.
1 SECTION 5. That the City Secretary is hereby authorized and directed
,to cause publication of the descriptive caption of this Ordinance as an
'alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 20th
Novemoer , 1986.
Passed by the City Council on second reading this 11th
December , 1986.
ATTEST:
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City
Manager for Public Safety
and Services
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