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Editor’s note–Ordinance 4467 adopted 7/16/1964 provided that when the term “city engineer” appeared in certain designated sections of this chapter, the term should be construed to mean the building inspector. These changes were made using the designation, “building official.” For legislative history of this article, refer to the corresponding editor’s note in appendix A.
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.
Editor’s note–Prior to Ordinance 4371 adopted 6/30/1964, the city adopted official maps under the date of 4/15/1931.
(Ordinance 485, sec. 1, adopted 5/12/1931; 1959 Code, sec. 28-1; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-1; Ordinance 2000-O0035, sec. 1, adopted 8/24/2000; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 2429, sec. 1, adopted 3/27/1958; 1959 Code, sec. 28-6; Ordinance 4487, sec. 1, adopted 7/30/1964; 1983 Code, sec. 24-7; Ordinance 8568, sec. 1, adopted 3/8/1984; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 1133, secs. 2–4, adopted 9/14/1951; 1959 Code, sec. 28-8; 1983 Code, sec. 24-8; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 1133, secs. 1, 3 adopted 9/14/1951; 1959 Code, sec. 28-9; 1983 Code, sec. 24-9; Ordinance 8568, sec. 2, adopted 3/8/1984; Ordinance 2011-O0126, sec. 1, adopted 12/14/2011; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 1410, sec. 1, adopted 11/6/1953; 1959 Code, sec. 28-12; 1983 Code, sec. 24-10; Ordinance 8568, sec. 3, adopted 3/8/1984; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 1410, sec. 2, adopted 11/6/1953; 1959 Code, sec. 28-13; 1983 Code, sec. 24-11; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 1410, sec. 4, adopted 11/6/1953; Ordinance 1706, sec. 1, adopted 4/28/1955; 1959 Code, sec. 28-14; 1983 Code, sec. 24-12; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 28-15; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-13; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 2018-O0117, sec. 5, adopted 9/27/2018; Ordinance 2020-O0158 adopted 12/15/2020)
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.
(Ordinance 2020-O0158 adopted 12/15/20)