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HomeMy WebLinkAboutOrdinance - 2517-1958 - Declaring Certain Conditions To Constitute A Nuisance, Procedure For Abating - 06/26/1958VEW:gb ~-3 tJ-5;J ., ~ .. ;,~ d~ ?~~~ Ql.D_-c2U -l,;t5_g ORDINANCE NO. 2517 AN ORDINANCE DECLARING CERTAIN CONDITIONS TO CONSTITUTE A NUISANCE; ESTABllSHING THE PROCEDURE FOR ABATING SUCH NUISANCE AND PROVIDING NOTICE; AUTHORIZING THE FIRE MARSHALL AND FIRE CHIEF TO COOPERATE WITH OWNERS AND OTHERS AND RENDER A STAND- BY FIRE FIGHTING PREVENTION SERVICE WITH FIRE FIGHTING EQUIPMEN ESTABLISHlNG CONDITIONS UNDER WHICH THE NUISANCE MAY BE ABATED BY COOPERATION WITH OWNERS OF THE PROPERTY AND OTHERS; ESTA- BUSHING A FEE FOR SUCH SERVICE AND DIRECTING PROPER PRECAUTION DIRECTING THE ABATEMENT; AND DEClARING AN EMERGENCY. WHEREAS, complaints have been made to the City Commission about the existence of inflammable and refuse materials including wheat and rice stubbles and other plants which have grown in profusion due to previous heavy rains and an abundant underground season, which condition has gotten out of control and the plants and stubble have been cut and left on the property and dried out or dried out without being cut, and such condition creates a fire hazard dangerous to nearby property if carelessly ignited or otherwise unless properly supervised, and the same constitutes a nuisance and equipment is not generally available to quickly clear the affected areas of such conditions; and, WHEREAS, the City Commission finds it to be in the public interest that it take immediate steps to eliminate the conditions complained of and existing, and as and when the same occurs due to weather conditions including high winds which increase the hazard to nearby persons and property; and, . WHEREAS, the City Commission further finds that due to the conditions here stated that immediate steps should be taken to eliminate the hazard by cooperating with owners of property on which such conditions exist and permit burning of such plants under conditions supervised and controlled by the Fire Chief and Fire Marshall of the City of Lubbock; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. The existence of grass or plants or stubble which is dry and inflammable when located on any property within the corporate limits of the City of Lubbock and by reason thereof is dangerous to persons or property , the same is declared to be a public nuisance and a fire hazard. SECTION 2. When any nuis·ance exists or is found to exist and reported to the Fire Marshall through inspections or otherwise, the Fire Marshall or Fire Chief shall follow the procedure established by Sections 15-24 and 15-25 of the Lubbock City Code in causing the abatement of the nuisance. SECTION 3. If the owner or person in possession o£ the property on which such nuisance is located desires to cooperate with the F i re Marshall or Fire Chief immediate.ly and remove the hazard, the Fire Marshall or Fire Chief is authorized to use the necessary and a vailable City fire fighting equipment as a stand-by fire control device and fully supervise the conditions under which the weeds, cuttings, plants and similar dry materials may be burned on the land where the nuisance is situated PROVIDED. HOWEVER: (1) The burning of such material shall be done in a manner that does not endanger property in the vicinity; (2) The owner or person in possession makes written request to the Fire Marshall or Fire Chief that the City cooperate as herein provided as an aid to his burning of the materials ~::=======-+=====~ .on the gxo und; (3) That such written request includes an agreement whereby the owner and/or person in possession or making the request agrees to indemnify and hold the City harmless from claims of any and every nature related to such burning and supervision, and that such applicant will pay all damages growing out of or related to the abatement of the nuisance by burning such materials; (4) That such owner, person in possession and applicant further agree to pay promptly the sum of FIVE DOLLARS ($5. 00) per hour with a minimum $5. 00 charge to the City of Lubbock for the stand-by fire prevention service herein provided for, and will make such deposit with the City if required by the Fire Chief or Fire Marshall. SECTION 4. The Fire Marshall and Fire Chief are hereby authorized under the conditions stated herein to supervise such burning with due regard to property and persons in the vicinity of any such burning of nuisance materials, wind c,onditions, velocity and to take all necessary and expedient prec·autions to p.revent damage to persons and property. SECTION 5. The existence of dry grass, plants, stubble and cuttings in various areas in the City being fire hazards and dangerous to persons and property as set out in the preamble of this Ordinance creates an emergency requiring that all rules be suspended with reference to the reading of an ordi- nance more than once, and this Ordinance is hereby declared to be an emergency measure and said rules are hereby suspended and this Ordinance shall become effective on the date of its approval and passage. AND IT IS SO ORDERED. 26th June Passed by the City Commission this ----- ATT~S. • ' ----~ -Lave ·a Lowe,~ ecretary- Treasurer .... PLICATION TO BURN INFLAMMABLE GRASS~ CUTTINGS~, PLANTS AND WEE ETC.; AT THE FOLLOWING LOCATION TO THE CHIS!:F OF THE FIRE DEPARTMENT AND FIRE MARSHALL OF THE CITY OF LUBBOCK: 1. THE UNDERSIGNED,. being the owner, or tenant or person in posses- sion of the land above described and having the right to make this applicatio~ desires to co-operate with the Fire Marshall and Chief of the Fire Department to abate the fire hazard located on said land:~ said hazard consisting of dry grass:. grass cuttings~ weeds, stubble, weed cuttings7 and other plant life and cuttings, by having the same burned on the land at the time designated and under conditions favorable for such burning7 to be required and under the supervision of the Fire Chief and Fire Marshall of the City, by the use of stand-by fire fighting equipment 2.. THE UNDERSIGNED, agrees that the burning of such material, shall be done in a manner that does not endanger property in the vicinity of said land; and that the City and the Fire Mar shall and Fire Chief co-operate with the under- signed a·s provided by Ordinance No. 2517 as an aid to his burning of materials on the ground where located; that the under signed agrees to indemnify and hold the City of Lubbock~ its officers and employees~ harmless from claims of any and every nature rela~ed to such burning and supervision and the undersigned further agrees to pay all damages growing out o£7 or related to the abatement of the nuisa ce by burni}lg such materialsJ and the Wl.dersigned further agrees to pay promptly to the City of Lubbock at Lubbock, Texas, the sum_of.$5 per hour with a minimum $5 charge for the stand-by fire prevention service, and will make such deposit wit the City as may be required by the Fire Chief or Fire Marshall. 3. THE UNDERSIGNED, agrees to further comply with all precautions an instructions given by the Fire Mar shall or Fire Chief or under their direction in connection with eliminating and abating the nuisance existing on said land, and further agrees to use extreme caution in burning the materials, and authorizes th Fire Chief and/ or Fire Mar shall to burn such materials on s~id land or cause sa to be done as agent of the undersigned, and further covenants and agrees, and doe hereby assume any and all liability for damages to persons or property.,. if any, which ma.y accrue to any per son by· reason of the Fire Mar shall and/ or Fire Chief so acting as agent of the undersigned, and further agrees that the indernn.i.ty agree ment herein made shall extend to the City o£ Lubbock, its officers and employees including the Fire Chief, Fire Marshall, and all persons working .under the direct n of either or both of them. Signed at Lubbock~. Texas this day of , 1958. ------------------------~ (Owner, Tenant, Person in Possessiolif Address Phone No.