HomeMy WebLinkAboutOrdinance - 2004-O0136 - Amending Chapt. 12 Of Code With Regard To Notice & Order To Abate Nuisances - 11/18/2004First Reading
November 18, 2004
[temNo. 15
ORDINANCE NO. 2004-00136
Second Reading
December 7, 2004
Item No. 13
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO NOTICE
AND ORDER TO ABATE NUISANCES AND ABATEMENT OF NUISANCES BY
CITY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the following
amendments to Chapter 12 of the Code of Ordinances with regard to notice and order to
abate nuisances and abatement of nuisances by city; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 12-104 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 12-104. Notice and order to abate.
(a) In the event that any owner or any person(s) having supervision or control
of the property violates the provisions of this division, the city environmental
services manager, or his designee, shall give notice to the aforementioned persons
setting forth the noncompliance and ordering these persons to abate or remove the
violation described in such notice, within such time as may be specified in the
order.
(b) The city in the notice of a violation shall inform the aforementioned
persons that if another violation of the same kind or nature that poses a danger to
the public health and safety occurs on or before the first anniversary of the date of ..
the notice, the city without further notice will correct the violation at the owner's
expense and assess the expenses against the property. If a violation covered by a
notice under this subsection occurs within one-year period, an,d the municipality
has not been informed in writing by the owner of an ownership change, then the
municipality without notice may take any action permitted and assess its expenses.
( c) The notification in accordance subsection (b) above shall be conducted by
using one of the following methods:
1. certified mail, return receipt requested;
2. regular mail and a posting on the property; or
3. personally delivering notice.
( d) Notices mailed to the owner of the property shall be addressed to the
owner's address as recorded in the appraisal district records of the appraisal
district in which the property is located. If the city mails a notice in accordance
with this subsection and subsection ( c) and the United States Postal Service
returns the notice as "refused" or "unclaimed," the validity of the notice is not
affected, and the notice is considered as delivered.
SECTION 2. THAT Section 12-106 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 12-106. Abatement by city.
If such owner or any person( s) having supervision or control of the property in
question fails or refuses to comply with the demand for compliance in the notice
within seven (7) days of such notice or publication, the city may do such work or
cause the work to be done to bring the real property into compliance with this
division. The costs, charges, and expenses incurred in doing or having such work
done or improvements made to the real property shall be a charge to and personal
liability of such person.
A statement of the cost incurred by the city shall be mailed to the owner or
any person(s) having supervision or control of the premises, which statement
shall be paid within thirty (30) days of the date of the mailing thereof. In the
event that the statement has not been paid within the thirty-day period of time
provided, the city has the right to exhaust the remedies available found in section
12-106.2 of this division.
SECTION 3. 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 4. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 18th day of November 2004.
Passed by the City Council on second reading this 7th day of December , 2004.
ATTEST:
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Reoecca Garza, City Secretary
APPROVED AS TO CONTENT:
R~
Neighoorhood Development Manager
APPROVED AS TO FORM:
as/ccdocs/Nuisance notice.Ord
Oct. 14, 2004