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HomeMy WebLinkAboutOrdinance - 2020-O0158 - Amending Article 36.01 of the Code of Ordinances, Code EnforcementFirst Reading December 1, 2020 Item No. 8.2 ORDINANCE NO. 2020-00158 Second Reading December 15, 2020 Item No. 7.4 AN ORDINANCE AMENDING CHAPTER 36, ARTICLE 36.01 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS REGARDING THE OFFICIAL MAP OF THE CITY; REGULATION OF SIGNS, ADVERTISEMENTS AND HOUSE NUMBERS ON STREETS, ALLEYS AND OTHER PUBLIC PLACES; PROHIBITION OF BARRELS, CRATES, ETC., ON SIDEWALKS OR PARKWAYS; DISPLAY OR SALE OF MERCHANDISE ON PUBLIC RIGHTS -OF -WAY; MAINTENANCE OF SIDEWALKS, PARKWAYS, AND ALLEYS BY ABUTTING OWNER AND SPECIAL USERS; DUTY TO KEEP SIDEWALK, PARKWAY AND ALLEYWAY CLEAN; MAINTENANCE OF SIDEWALKS, PARKWAYS, ALLEYS, ETC. —BY ABUTTING OWNER; DUTY TO KEEP SIDEWALK, PARKWAY AND ALLEYWAY CLEAN; PROHIBITING OBSTRUCTION OF STREETS, ALLEYS, SIDEWALKS, OR ANY OTHER PUBLIC RIGHT-OF-WAY; VIOLATION OF ARTICLE 36.01 DECLARED NUISANCE AND PERMITTING REMOVAL OF SUCH ITEMS BY CITY; PROVIDING A PENALTY; PROVIDING A CONSISTENCY IN APPLICATIONS CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock desires to keep the rights of way well maintained and prevent the encroachment of vegetation, garden decorations, structures, various equipment associated with irrigation systems, pools and spas, water purification systems, and similar items that could obstruct or block vehicular or pedestrian passage within the right-of-way of public streets and alleys, and WHEREAS, the City Council of the City of Lubbock desires to provide for the ability to remove said obstructions through compliance by the owner or other property users, through abatement proceedings and the assessment of liens against private property, and/or through removal without notice at the City's sole cost and expense, and WHEREAS, The City Council of the City of Lubbock Texas finds and determines that it is in the best interests of the public health, safety and welfare of the citizens of the City of Lubbock to amend Chapter 36, Article 36.01 of the Lubbock Code of Ordinances, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Article 36.01 of the Code of Ordinances of the City of Lubbock, Texas is hereby amended to read as follows: ARTICLE 36.01 GENERAL PROVISIONS Sec. 36.01.001 Official map The official map of the city shall be prepared by the city engineer or his designee in a digital format. The official map shall illustrate, at a minimum, streets, alleys and recorded subdivision maps. The city engineer is hereby authorized and directed to revise the official map, at a minimum, when a plat or other legal instrument is properly recorded in the office of the Lubbock County Clerk or when otherwise directed by ordinance. Sec. 36.01.002 Signs, advertisements and house numbers It shall be unlawful for any person to post or paint signs, advertisements, or other matter on posts, sidewalks, or curbs or other public places in the streets, alleys, or other public places in the city; provided, however, the proprietor of any premises is hereby authorized to paint or authorize the painting, upon the top side or street side of the curb or on the sides of the driveway abutting the premises, of the proper number designated by the building official for such premises, provided the numbering is black in color on white background or white in color on a green or black background, the number does not exceed four (4) inches in height, the background does not exceed six (6) inches in height and twenty (20) inches in length, and the paint used for such purpose is durable paint designed for application to concrete surfaces. Sec. 36.01.003 Barrels, crates, etc., on sidewalks or parkways It shall be unlawful for any person to place, leave or permit any employee to place or leave any box, barrel, crate, can or other container on any sidewalk, sidewalk area or parkway in the city, and any person violating this provision is hereby declared to be guilty of maintaining a nuisance; provided, however, that this section shall not apply to any person who, in connection with the actual and bona fide transportation of the commodities mentioned, shall place or leave the same upon the sidewalk, sidewalk area or parkway during the time such commodities are being in fact loaded or unloaded from a vehicle engaged in transporting such commodities to or from premises occupied by or under the control of any such person, and it is necessary in the course of such transportation to cross or handle such commodities on or over a sidewalk. Sec. 36.01.004 Display or sale of merchandise It shall be unlawful for any person to display or sell any food, goods, wares, merchandise or other commodity upon any public right-of-way, street, street parking space, sidewalk, sidewalk area or parkway in the city without a street use license or other applicable permit under this code. Any person violating this provision shall be deemed guilty of maintaining a nuisance. Sec. 36.01.005 Maintenance of sidewalks, parkways, alleys, etc. —By abutting owner It shall be the duty of any property owner, tenant or lessee, as applicable, to keep any sidewalk, alley, parkway, curb, or driveway abutting such property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. No plant material, fence, or structure shall be allowed in such a manner as to interfere with the free passage of vehicles on the street or alley, or of pedestrians on the sidewalk or parkway or to obscure the view of motor vehicle operators of any traffic -control device or street sign or otherwise create a traffic hazard. Tree limbs and branches upon abutting property which overhang the public right-of-way of any street, alley or easement shall be trimmed by the owner, tenant or lessee of abutting property such that a minimum vertical clearance of twelve feet (12') is maintained above vehicular traveled ways, including alleys, streets and easements, and a minimum of eight feet (8') above sidewalks. Bushes, shrubs, trees, and other plantings within the right-of-way of any street or alley shall not block or hinder the passage of vehicular traffic and shall be trimmed by the owner, tenant or lessee of abutting property such that minimum required clearances are maintained, including the minimum vertical clearances indicated above. Sec. 36.01.006 Same —By special users It shall be the duty of any property owner, tenant, lessee, contractor, or other person making special use of any alley, sidewalk, parkway, curb or driveway for purposes of ingress or egress, for loading and unloading, loading elevators, downspout drains, for access to construction on adjacent or nearby premises, or any other specific use of whatsoever kind or character, to keep such alley, sidewalk, parkway, curb or driveway abutting such property in a good and safe condition and free from any defects, hazards, or obstructions of whatsoever kind or character, and to fully restore same to their original condition, where necessary. Sec. 36.01.007 Maintenance of sidewalks, parkways, alleys, etc. —By abutting owner The abutting property owner, tenant or lessee, as applicable enjoying the use of any property abutting on a sidewalk or curb, or person who is making special use of any sidewalk or curb, which sidewalk or curb is or has become defective and has resulted in causing damage or injury to either person or property, or both, as a result of such defective condition, shall be primarily liable and shall and will indemnify and save harmless the city from and against any and all actions, claims, damages, costs and expenses which may be suffered by the city, all in such manner as to save the city whole and harmless from all such actions, claims, damages, costs and expense, and such primary liability and indemnity shall exist regardless of whether or not notice shall have been given as provided in section 36.04.015 of this chapter. Sec. 36.01.008 Duty to keep sidewalk, parkway and alleyway clean It shall be the duty of the owner, tenant or lessee, as applicable, to keep the abutting or adjacent sidewalk, parkway and alleyway clean and free of all weeds, trash, rubbish, filth and debris which may encumber such sidewalk, parkway and alleyway and to place such material in trash receptacles as required by this code. Sec. 36.01.009 Obstruction of streets, alleys, sidewalks, or any other public right- of-way It shall be unlawful for any person to obstruct or encumber, in part or entirely, any portion of any public street, alley, sidewalk, or any other public right-of-way within the corporate limits of the city with any item, whether temporary or permanent, including, but not limited to firewood racks, irrigation system, swimming pool and spa system components, water filtration or purification system components, landscaping boulders and other garden decorations, trash enclosures, composting bins, pipe bollards/guard posts, and similar items except as allowed with an applicable permit under this code or pursuant to an express authorization in another section of this code that authorizes certain, specific temporary uses or obstructions. Sec. 36.01.010 Nuisance declared- Removal by City Violation of any of the provisions described in Sections 36.01.002 through 36.01.009 herein by any owner, tenant, lessee, person or entity is a violation of this code, and shall be and is hereby declared to constitute a nuisance subject to abatement as provided for in sections 34.02.033--34.02.039 of this code; however, nothing in these provisions shall be construed as limiting the right of the City to remove any right-of-way obstruction described in Sections 36.01.002 through 36.01.009 without notice and at its sole cost and expense. SECTION 2. THAT 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, Texas. SECTION 3. THAT should any paragraph, section, sentence, clause, phrase 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, 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 1 st day of December , 2020. Passed by the City Council on second reading this 15th day of December 2020. ATTEST: 4 DANIEL M. POPE, MAYOR Reb cc Garza, City S cre y APPROVED AS TO CONTENT: Stuart er, Director of Code Enforcement APPROVED AS TO FORM: Amy>ifiis,0eputy City Attorney