HomeMy WebLinkAboutOrdinance - 2016-O0056 - Amending Chapter 22 - 04/28/2016First Reading Second Reading
Item No.5.8 Item 6.8
April 14.2016 April 28.2016
ORDINANCE NO.2016-00056
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK,TEXAS,WITH REGARD TO VERBAL WARNINGS;
NOTICE OF VIOLATIONS:STOP WORK ORDERS;AND APPEALS,
INTERPRETATION,AND VARIANCES;PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE;AND PROVIDING FOR PUBLICATION.
WHEREAS,the City Council of the City of Lubbock,Texas finds and determines
that it is in the best interest of the health, safety, and welfare of the citizens of the City of
Lubbock to make the following amendments to Chapter 22 of the Code of Ordinances of
the City of Lubbock;NOW,THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.11.039 of the Code of Ordinances of the City of
Lubbock.Texas,is hereby amended to read as follows:
Sec.22.11.039 Enforcement
(a) Enforcement responsibility. The stormwater engineer or his/her designee
shall have the responsibility forenforcement of the provisions of this article. Ihe duties of
such designee shall include the responsibility of ensuring that all facilities and construction
sites conform with this article and to any other applicable state and federal laws,
requirements and regulations of this Code of Ordinances,or otherwise of the City of
Lubbock.The city manager shall have the authority to adopt policies and procedures
consistent with the terms of this article necessary to implement its provisions.
(b) Violations. Itshall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. Any person who has violated or
continues to violate the provisions of this article,will besubject to the enforcement actions
outlined in this section or may be restrained by injunction or otherwise abated in a manner
provided by law. The penalties set forth herein are non-progressive, and may be assessed
in any order.
(c)Nuisances.
(1) An actual or threatened discharge to the MS4 or waters of the United States
that violates or would violate this article shall be deemed a nuisance.
(2) A line conveying sanitary sewage or designed to convey sanitary sewage
that is connected to the MS4 or waters of the United States shall be deemed a nuisance.
(3) Any premises upon which mobile wash cleaning wastewater has
accumulated and which is emitting noxious or offensive odors, or which is creating an
unsanitary condition, or which is injurious to the public health or the environment, shall be
deemed a nuisance.
(d) Notice of violations/Administrative appeals, interpretations, & variances.
(1) If the stormwater engineer determines that there is a violation of this article,
written notice shall be served upon the property owner, operator of record, or responsible
party of the construction site or facility.
(2) The notice shall specify the measures, as appropriate, required to attain full
compliance with this article, and further shall specify the time within which such measures
shall be completed. Failure by the property owner, operator of record, or responsible party
of the construction site or facility to comply within the time specified shall be deemed to
be a violation of this article subject to the penalties outlined herein.
(3) Any appeals or interpretations of, or variances to, administrative decisions
of the stormwater engineer shall first be to the director of public works, then to the permit
and license appeal board, then to a court of competent jurisdiction, including municipal
court.
(4) Written request for an appeal, interpretation or variance of an administrative
decision must be made within ten (10) days of receipt of violation or claim.
(e) Stop work orders.
(1) The stormwater engineer shall retain the authority to issue stop work orders
for any construction site in violation of this article.
(2) If the stormwater engineer determines that compliance subsequent to a
notice of violation is not being attained, that a construction site is operating in a dangerous
or unsafe manner, or that conditions exist at a construction site that may lead to an illicit
discharge, upon written notice of an issuance of a stop work order, such work or conditions
shall be immediately terminated or remedied. Written notice of such notice shall be
provided to the property owner, operator of record, or responsible party of the construction
site and shall state the conditions under which work may be resumed. However, where an
emergency exists which may result in discharge of hazardous materials or other discharges
which pose an immediate threat to health and safety, or are likely to result in immediate
injury and harm to property, natural resources, wildlife, or habitat written notice shall be
delivered as soon as practicable.
(3) Failure to comply with a stop work order shall be deemed to be a violation
of this article subject to the penalties outlined herein.
(f) Penalties and violations.
(1) Violations of provisions of this article or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with approval of variances) shall constitute an offense punishable by a fine not to exceed
$2,000 per violation per day. Any person who violates this article shall upon conviction
thereof be fined in accordance with section 1.01.004 General Provisions of this code. Each
day such violation continues shall be considered a separate offense.
(2) The owner or operator of any facility, construction site, structure, premises,
or part thereof, and any architect, builder, contractor, agent, or other person who commits,
participates in, assists in, or maintains such violation may each be found guilty of a separate
offense and suffer the penalties herein provided.
(3) Nothing herein contained shall prevent the city from taking such other
lawful action as is necessary to prevent or remedy any violation.
SECTION 2. THAT unless otherwise provided herein, a violation of any provision
of this Ordinance shall be deemed a misdemeanor punishable as provided by Section
1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized
and directed to cause publication of the descriptive caption of this Ordinance as an
alternative method provided by law.
SECTION 5.THAT this Ordinance shall become effective, except as may otherwise
be provided herein, from and after its publication as provided by law. City Secretary of the
City of Lubbock 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 thisl4th day of April 2016.
Passed by the City Council on second reading thi281h_ day of April 2016.
"1r9.16
Rebec a Garza, City Secretar
APPROVED AS
L. Wood Fin, P.E., Director of Public Works
Michael G. Keenum, P.E., City Engineer
APPROVED AS TO FORM:
,elf
VON
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Ord.Stormwater Amend. 3.30.16