HomeMy WebLinkAboutOrdinance - 6561-1973 - Amending Chapter 15 Code Of Ordinances - 02/08/1973ORDINANCE NO. 6S61
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF
CITY OF LUBBOCK BY REPEALING THE PRESENT ARTICLE iliA THEREOF;
SUBSTITUTING THEREFOR A NEW ARTICLE IliA ENTITLED "JUNKED VEHIC
PROVIDING FOR DECLARATION OF A PUBLIC NUISANCE; PROVIDING FOR
UNLAWFUL ACT OF MAINTAINING A PUBLIC NUISANCE; PROVIDING FOR
NOTICE AND ORDER TO ABATE NUISANCE; PROVIDING FOR PUBLIC HEARIN
PROVIDING FOR DISPOSITION OF JUNKED VEHICLES; PROVIDING FOR ADMIN
ISTRATION; PROVIDING FuR APPLICATION; PROVIDING A PENALTY; PRO-
VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS~ the City Council has determined that the changes indicated below
would be in the best interest of the citizens of the City of Lubbock; NOW THERE-
FORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article III A of Chapter 15 of the Code of Ordinances~ City
of Lubbock~ BE and is hereby repealed.
SECTION 2. THAT Chapter 15 of the Code of Ordinances, City of Lubbock, B
and is hereby amended by adding thereto a new Article III A~ replacing the Article
III A repealed by Sectionlabove, which shall read as follows:
'~~ARTICLE III A. JUNKED VEHICLES
Sec. 15-34.1. Public Nuisance Declared.
Any junked vehicle, as defined in the "Texas abandoned Motor Vehicle Act",
situated upon public property, public right-of-way, or upon any lot or tract
of land within the City of Lubbock which is located in any place where such
junked vehicle is visible from a public place or public right-of-way is hereb
declared to be a public nuisance. ~ :;-......... ..:. v dl.i · .~:;:Ja ~n. · .~. -r-Ti ..,\t p .. J.'.
Such junked vehicles are a public nuisance for the reason that they are
detrimental to the safety and welfare of the general public, tending to reduce
the value of private property, to invite vandalism, to create fire hazards, to
constitute an attractive nuisance creating a hazard to the health and safety o
minors, and are detrimental to the economic weUl~ of the State and the Cit
of Lubbock, by producing urban blight which is adverse to the maintenance a d
continuing development of the City.
This Ordinance shall not apply to (1) a vehicle or part thereof which is com-
pletely enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property or (2) a vehicle or part
thereof which is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or a junk yard.
"
Sec. 15-34. 2. Public Nuisance -Unlawful to Maintain. ,.
It shall be unlawful for any person.) firm, partnership, assodation or corp-
oration to leave or permit to remain upon any public property, public right-
of-way, or upon any lot or tract of land within the City of Lubbock.) any
junked vehicle as defined in Section 15-34. 1 above.
Sec. 15-34.3. Notice of Public Nuisan:e and Order to Abate.
Whenever any such public nuisance, as defined in Sec. 15-34. 1, exists in
City, the Zoning and Environmental Control Administrator shall send writt
notice, by certified or registered mail with a five (5) day return requested,
to the owner or the occupant of the premises whereupon such nuisance exists
or abuts the public property whereupon such nuisance exists, to abate or
remove such public nuisance. Such notice shall state the nature of the pub-
lic nuisance and specify that the nuisance must be abated and removed
ten _(10) days after the delivery date of the notice, and further state that
person receiving the notice, if a hearing is desired, must request such he
ing before the expiration date of said ten (10) days period. If the notice is
returned undeHV.ered by the United States Post Office, official action by the
City of Lubbock to abate said nuisance shall be continued to a date not less
than ten (10) days from the date of such return.
Sec. 15-34.4. Public Hearing Prior to Removal.
A public hearing.) prior to the removal of the vehicle or part thereof as a
public nuisance., shall be held before theZnnin~!3oar:ddof.Adju:s~,or any
other board or commission designated by the City Council, when such a
hearing is requested by the owner or occupant of the premises on which said
vehicle is located, within ten (10) days after service of notice to abat.e the
nuisance. Any order of such board or commission requiring removal of a
vehicle or part thereof shall include a description of the vehicle and the
correct identification number and license number of the vehicle, if a ...... ,, ........... "-'~,
(c) Notice shall be given by the City to the Texas Highway Department
within five (5) days after the removal of such junked vehicle, identifying
the vehicle or part thereof.
(d) Junked vehicles or parts thereof may be disposed of by removal to a
scrapyard. demolishers~ or any suitable site operated by the City of
Lubbock for processing as scrap or salvage in accordance with the ''Texa
Abandoned Motor Vehicle Act 11
•
Sec. 15-34. 6. Administration.
The administration and enforcement of this Article III A shall be the respon-
sibility of the Zoning and Environmental Control Director, his assistants or
designated City employees and such persons shall have the powers stated in
the "Texas Abandoned Motor Vehicle Act".
Sec. 15-34. 7. Application.
Nothing in this Article shall affect ordinances or state statutes that permit
immediate removal of a vehicle left on public property which constitutes an
obstruction to traffic.
Sec. 15-34. 8. Penalty.
Any person, firm, association, or corporation violating any of the provision
of this Article Ill A shall be deemed guilty of a misdemeanor and conviction
thereof shall be punishable by a fine not to exceed two hundred ($200. 00)
dollars and each day that such violation continues, after the time for abate-
ment as herein set out, shall constitute a separate offense. 11
SECTION 3. Should any section, paragraph, sentence, clause, phrase, or
word of this Ordinance be declared unconstitutional or invalid for~ reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publicatio
of the descriptive caption of this Ordinance as an alternative method provided by
law.
AND IT IS SO ORDERED
Passed by the Council on first reading this 8th day of February ~ 19 73.
Passed by the Council on second reading this 22nd day o'"""f~;...;;,~.-=-b..:::r.::;.ua~r-y ___ 1973.
ATTEST:
~a~~ -. ~ft {,~~/ %.:
Fred o .. ~nter, J~~~, 3