The department whose duties are to promote a clean and safe
environment through education, inspection and enforcement related
to zoning, junk vehicles, weeds and rubbish, substandard structures,
general sanitation, food protection and vector control.
Whatsoever is dangerous to human life or health, whatsoever
renders the ground, the water, the air or the food a hazard or injurious
to human life or health or that is offensive to the senses or that
is detrimental to the public health is hereby declared to be a nuisance.
Shall mean trash, debris, rubble, stone, useless fragments
of building materials, or other miscellaneous useless waste or rejected
matter.
Is all putrescible waste, except body waste, including meat,
vegetable, and fruit refuse and carcasses of small animals.
Shall mean vegetation that because of its height is objectionable,
unsightly or unsanitary, but excluding shrubs, bushes, trees, cultivated
flowers, and cultivated crops.
(Ordinance 918, sec. 1, adopted 11/23/1949; 1959 Code, sec. 15-15; 1983 Code, sec. 12-101; Ordinance
10019, sec. 2, adopted 10/9/1997)
When any nuisance exists or is found to exist and reported to the fire marshal through inspections or otherwise, the fire marshal or fire chief shall follow the procedure established by sections 34.03.003 and 34.03.004 in causing the abatement of the nuisance.
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Editor’s note–Sections 15-28.3 and
15-28.4 of the 1959 Code, which pertained to the burning of nuisance
materials, have not been included in this codification. Such sections
derived from Ordinance 2517, secs. 3, 4, adopted 6/26/1958.
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(Ordinance 2517, sec. 2, adopted 6/26/1958; 1959 Code, sec. 15-28.2; 1983 Code, sec. 12-117)
(a)
Nuisance.
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 a nuisance upon
the premises or otherwise, in, along, upon or across the adjacent
sidewalk, parkway or alley to exist.
(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.
(c)
Rubbish/brush.
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 any rubbish,
brush, or any other objectionable, unsightly or unsanitary matter
of whatever nature to accumulate or be present upon any lot, tract,
parcel of land, or across the adjacent sidewalk, parkway or alley.
(d)
Illegal dumping.
It shall be unlawful for any person
to discard, dump, or unload items such as furniture, appliances, mattresses,
carpet or carpet padding, rubbish/brush, trees and limbs, or any other
material which constitutes a nuisance at any place within the corporate
limits of the city, except at a state-permitted or -approved landfill
or at such other place as may be designated by the city or the state.
(Ordinance 918, sec. 7, adopted 11/23/1949; Ordinance 2455, sec. 4, adopted 4/25/1958; 1959 Code, secs. 15-28.8, 15-28.9, 15-34; Ordinance 2628, secs. 1, 2, adopted 11/24/1958; 1983 Code, sec. 12-102; Ordinance 8835, sec. 2, adopted 10/10/1985; Ordinance 10019, sec. 2, adopted 10/9/1997; Ordinance 2009-O0021, sec. 1, adopted 3/23/2009)
Every person possessing any place in or on which there is a violation of the general regulations in section 34.02.033 shall, as soon as its presence comes to his knowledge, proceed at once and continue to abate such violation.
(1959 Code, sec. 15-29; 1983 Code,
sec. 12-103; Ordinance 10019, sec.
2, adopted 10/9/1997)
(a)
In the event that any owner or any person(s) having supervision or
control of the property violates the provisions of this division,
the city environmental services manager, or his designee, shall give
notice to the aforementioned persons setting forth the noncompliance
and ordering these persons to abate or remove the violation described
in such notice, within such time as may be specified in the order.
(b)
The city in the notice of a violation shall inform the aforementioned
persons that if another violation of the same kind or nature that
poses a danger to the public health and safety occurs on or before
the first anniversary of the date of the notice, the city without
further notice will correct the violation at the owner’s expense
and assess the expenses against the property. If a violation covered
by a notice under this subsection occurs within a one-year period,
and the municipality has not been informed in writing by the owner
of an ownership change, then the municipality without notice may take
any action permitted and assess its expenses.
(d)
Notices mailed to the owner of the property shall be addressed to the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located. If the city mails a notice in accordance with this subsection and subsection (c) and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(Ordinance 918, sec. 4, adopted 11/23/1949; 1959 Code, sec. 15-30; 1983 Code, sec. 12-104; Ordinance
10019, sec. 2, adopted 10/9/1997; Ordinance 2004-O0136, sec. 1, adopted 12/7/2004)
(a)
If such owner or any person(s) having supervision or control of the
property in question fails or refuses to comply with the demand for
compliance in the notice within seven (7) days of such notice or publication,
the city may do such work or cause the work to be done to bring the
real property into compliance with this division. The costs, charges,
and expenses incurred in doing or having such work done or improvements
made to the real property shall be a charge to and personal liability
of such person.
(b)
A statement of the cost incurred by the city shall be mailed to the owner or any person(s) having supervision or control of the premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that the statement has not been paid within the thirty-day period of time provided, the city has the right to exhaust the remedies available found in section 34.02.038 of this division.
(Ordinance 918, sec. 4, adopted 11/23/1949; 1959 Code, sec. 15-32; 1983 Code, sec. 12-106; Ordinance
10019, sec. 4, adopted 10/9/1997; Ordinance 2004-O0136, sec. 2, adopted 12/7/2004)
In addition to collecting the costs and expenses incurred by correcting the violations under this division, upon abatement by the city, the city shall charge the sum of one hundred seventy-five dollars ($175.00) per occurrence, which sum is hereby found to be the cost to the city of administering the terms of this division. The administrative fee will be charged per lot, tract parcel of land, or across the adjacent sidewalk, parkway or alley, which is hereby found to be the cost to the city of administering the terms of this division. The administrative fee shall be adjusted annually commencing October 1, 1997, and each year thereafter, to correspond to the actual cost of providing the applicable services in accordance with section 1.03.004 of the Code of Ordinances for the city.
(1983 Code, sec. 12-106.1; Ordinance 10019, sec. 5, adopted 10/9/1997)
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(1983 Code, sec. 12-106.2; Ordinance 10019, sec. 5, adopted 10/9/1997; Ordinance 2009-O0021, sec. 2,
adopted 3/23/2009)
It shall be the duty of all police officers to watch for any
nuisance defined by this division or by any other ordinance of the
city, and to report at once all the facts to the office of the city
health officer.
(Ordinance 918, sec. 6, adopted 11/23/1949; 1959 Code, sec. 15-33; 1983 Code, sec. 12-107)
(a)
It shall be unlawful for any person to inter or bury any human body
or remains in any area or plot of ground within the city limits and/or
within an area of five thousand (5,000) feet adjacent to the city
limits except in a dedicated graveyard or cemetery duly established
and operated according to the laws pertaining thereto.
(1959 Code, sec. 15-15.1; Ordinance 2866, sec. 1, adopted 8/13/1959; 1983 Code, sec. 12-108)
The keeping or maintaining of a public restroom in an unsanitary
condition is hereby declared to be a nuisance.
(Ordinance 918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 15-16; 1983 Code, sec. 12-109)
Water from any source stored, discharged or allowed to accumulate
in such a manner as to be a breeding place for mosquitoes is hereby
declared to be a nuisance.
(1959 Code, sec. 15-16.1; Ordinance 2827, sec. 1, adopted 6/25/1959; 1983 Code, sec. 12-110)
Any condition or place allowed to exist in populous areas which
constitutes a breeding place for flies is hereby declared to be a
nuisance.
(1959 Code, sec. 15-16.2; Ordinance 2827, sec. 1, adopted 6/25/1959; 1983 Code, sec. 12-111)
The keeping of any lot or piece of ground within the limits
of the city on which there is located a pool or pond of unwholesome,
impure, stagnated or offensive water is hereby declared to be a nuisance.
(Ordinance 918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 15-17; 1983 Code, sec. 12-112)
The casting, draining, throwing or causing to be cast, drained,
thrown or distributed into any public street or highway, gutter, alley
or other public grounds within the city any kitchen water; water from
exhaust pipes; laundry water; water from service stations and garages
or air conditioners; or other wastewater or liquid filth is hereby
declared to be a nuisance.
(Ordinance 918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 15-18; 1983 Code, sec. 12-113)
It shall be unlawful and shall constitute a nuisance for any
person to permit or to have upon his premises any privy, vault, cesspool
or other like place which is not securely protected from flies.
(Ordinance 77, sec. 1, adopted 7/15/1912; 1959 Code, sec. 15-19; 1983 Code, sec. 12-114)
The act of allowing to exist any full or overflowing privy,
vault, cesspool or other receptacle for filth, night soil and human
excrement upon any premises owned or controlled by any person is hereby
declared to be a nuisance.
(Ordinance 918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 15-20; 1983 Code, sec. 12-115)
The act of allowing to be pumped or allowing the contents of
cesspools to flow over any premises for fertilizing or other purposes
is hereby declared to be a nuisance.
(Ordinance 918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 15-21; 1983 Code, sec. 12-116)
It shall constitute a nuisance for any person engaged in the drilling or operation of oil or gas wells to place or deposit in porous earthen storage tanks or pits within the city and outside the corporate limits of the city for a distance of five thousand (5,000) feet any salt water, sulphur contaminated water or any other impurities, brought to the surface through drilling operations, calculated to contaminate, pollute or render unpalatable percolating and underground water. Such nuisance shall be subject to abatement as provided for in sections 34.02.033–34.02.039 of this article.
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Case law annotation–Ordinance prohibiting
a nuisance outside city limits for a distance of 5,000 feet was valid
and the corporation court of the city was a proper forum in which
violation of that ordinance might be determined. Treadgill v. State,
275 S.W. 2d 658 (1954).
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(1959 Code, sec. 15-28.9; Ordinance 2628, sec. 1, adopted 11/24/1958; 1983 Code, sec. 12-121)
It is declared to be a nuisance and unlawful for any person
to mix, apply or otherwise handle any paint, oil or like substance
in such a manner as to permit, suffer or cause the spray therefrom
to be carried by the wind, or in any other manner, across the property
line of the premises where such substance is intended to be applied
and onto the premises of another person, or onto any motor vehicle
on any highway, street or alley. Provided, however, that this section
shall never be construed to include, control or prohibit the use of
any spray where such spray is being used by any public agency as a
means of controlling insects, or is otherwise used in the interest
of public health by or under the direction of public health authorities.
(Ordinance 1245, secs. 1–3,
adopted 7/24/1952; 1959 Code,
sec. 19-9; 1983 Code, sec. 12-122)
The accumulation and existence in Yellowhouse Canyon, its tributaries
or any gullies, watercourse or depression lying within its watershed
within the city and outside the city for a distance of five thousand
(5,000) feet of scrap from building materials, cans, boxes, brush,
old tubs, limbs, paper, cloth or any other substance, commodity or
material calculated to obstruct the water flow through culverts and
under bridges are hereby declared to be a nuisance and prohibited
within the city and within a distance of five thousand (5,000) feet
outside the limits of the city.
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Case law annotation–Ordinance prohibiting
a nuisance outside city limits for a distance of 5,000 feet was valid
and the corporation court of the city was a proper forum in which
violation of that ordinance might be determined. Treadgill v. State,
275 S.W. 2d 658 (1954).
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(Ordinance 2455, sec. 1, adopted 4/24/1958; 1959 Code, sec. 15-28.5; Ordinance 3184, sec. 1, adopted 6/23/1960; 1983 Code, sec. 12-118)
Whenever the nuisance defined in section 34.02.081 shall exist within the city and outside the city as established by annexation for a distance of five thousand (5,000) feet, the city manager shall cause notice in writing to be given the owner, proprietor or occupant of the premises whereon such nuisance exists, and which notice shall order such owner, proprietor or occupant to abate or remove the nuisance described in such notice within such time as may be specified within the order. If the owner, proprietor or occupant fails, neglects, or refuses to obey such order, or if the premises are unoccupied and the owner or his agent cannot be found, the city manager shall cause such nuisance to be abated or removed and shall defray the expenses thereof out of any money in the city treasury available for such purposes. All expenses so incurred shall be charged against the owner and shall be a lien on the lot and premises whereupon such nuisance exists.
(Ordinance 2455, sec. 2, adopted 4/24/1958; 1959 Code, sec. 15-28.6; 1983 Code, sec. 12-119)
Whenever an order has been given under section 34.02.082 to abate or remove a nuisance that may exist upon any lot or premises, the owner thereof shall have the right within the period of time given in the order for abatement to appear before the officer designated by the city manager to show cause why such order should not or cannot be complied with, and the officer so designated may, at his discretion, give such extension of time for the abatement or removal of such nuisance as may be necessary, provided, however, there is no immediate danger to public health.
(Ordinance 2455, sec. 3, adopted 4/24/1958; 1959 Code, sec. 15-28.7; 1983 Code, sec. 12-120)
