HomeMy WebLinkAboutOrdinance - 2009-O0021 - Amending Ch 12 - Regulation Of Nuisances And Weeds - 03/23/2009First Reading
March 5, 2009
Item No. 6.4
ORDINANCE NO. 2009-00021
Second Reading
March 23, 2009
Item No. 6.8
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
GENERAL REGULATIONS OF NUISANCES AND THE REGULATION OF WEEDS
WITHIN THE CITY AND PROVIDING OF PENALTIES AND LIENS FOR FAILURE
TO COMPLY WITH DEMAND FOR COMPLIANCE WITH THE GENERAL
REGULATION OF NUISANCES; 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 the general
regulations of nuisances and the regulation of weeds within the city and providing of
penalties and liens for failure to comply with demand for compliance with the general
regulation of nuisances; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 12-102(b) of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
(b) Weeds. It shall be unlawful for an owner or any person(s) having supervision
or control of any lot, tract, parcel of land thereof, occupied or unoccupied,
improved or unimproved, within the corporate limits of the city, to suffer or
permit grass, weeds or any plant that is not cultivated to grow to a greater height
than eight (8) inches on an average of the individual lot, tract or parcel or to grow
in rank profusion upon the premises or otherwise, in, along, upon or across the
adjacent sidewalk, parkway or alley to a height greater than eight (8) inches on the
average.
SECTION 2. THAT Section 12-106.2 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 12-106.2. Penalties and liens.
If a notice is provided to the owner or any person(s) having supervision or control
of such real property, the failure or refusal to comply with the demand for
compliance within the applicable time period shall be deemed to be maintaining a
public nuisance and the city environmental inspection services manager or his
designee may issue a citation in municipal court and/or file a lien upon and
against such real property to include all costs, filing fees, charges and expenses, in
addition to a charge to and personal liability to the owner.
Notwithstanding any provisions of this section to the contrary, the environmental
inspection services manager or his designated designee has the authority to issue
immediate citations to persons violating any provision of this section in the
presence of said official.
To obtain a lien against the property, the mayor or municipal official designated
by the mayor must file a statement of the expenses incurred to correct the
violation on the premises with the county clerk. The lien statement must state the
name or the owner, if known, and the legal description of the property. The lien
attaches upon the filing of the lien statement with the county clerk. The city shall
have a privileged lien on any lot, tract or parcel of land or portion thereof on
which such expenses were incurred and this lien shall be second only to tax liens
and liens for street improvements, together with ten (10) percent on the delinquent
amount from the date such payment is due.
For any expenditures and interest, as secured by aforesaid lien, suit may be
instituted and foreclosure had in the name of the City of Lubbock; and the
statements of the expenses, as aforesaid, or a certified copy thereof, shall be prima
facie proof of the amount expended in any such work.
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 5th day of
Passed by the City Council on second reading this 23rd day of
March , 2009.
March
TOM MARTIN, MAYOR
2009.
ATTEST:'
Rebe cA Gaup, City Secretary
o R. Klein, ity Co ilman, istrict 3
A ROVED TO FORM:
A
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t City Attorney
as/ccdocs/weed height.ORD
2.25.09