Whenever used in this article:
shall mean only that portion of the curbing required along
driveways and sidewalks and not constituting the curbing which borders
and marks the margin of the street designated and constructed for
vehicular traffic.
shall mean the portion of concrete curbing and structure
which borders and marks the margin of the street designated and constructed
for vehicular traffic.
(Ordinance 1466, sec. 1, adopted 10/8/1953; 1959 Code, sec. 28-16; 1983 Code, sec. 24-46)
(a)
The provisions of this article shall not apply to the construction
of any public works by or for the city on any public property, but
it shall be the policy of the city to construct all public works consistent
with the provisions of this article, except in those cases where the
city council should find it necessary in the public interest to vary
therefrom.
(b)
The provisions of this article shall apply only to the street area
abutting the lot or tract on which the improvements are to be made.
When an application for a permit is made for improvements on land
not platted or subdivided within a plat approved by the Lubbock Planning
Commission, the applicant shall show on the plan submitted with the
required application the proposed boundaries of the individual tract
on which such improvements are to be made. Such tract as shown on
the plan shall constitute what street area abuts the tract. Provisions
of this section shall apply strictly to applications for permits wherein
the requirement for platting is not a precondition for the permit
process. No exception provided by this section shall be construed
as permitting any activity prohibited by chapter 38 of this code or
as authorizing permits for improvements or construction not authorized
by this code.
(Ordinance 1466, sec. 8, adopted 10/8/1953; Ordinance 1798, sec. 10, adopted 11/22/1955; 1959 Code, sec. 28-47; 1983 Code, sec. 24-47; Ordinance 8568, sec. 4, adopted 3/8/1984)
Whenever application is made to the building official by any
person for a building permit to make any construction, addition or
structural alteration on a building or other structure, or to pave
a parking lot where a permit is required by this code or any other
ordinance of the city on property adjacent to or abutting on a public
street, where the existing sidewalks, driveways either private or
commercial, curbs, curb ramps, street curbs and gutters abutting such
property do not conform to the basic standards, specifications, layout,
details and designs provided for and established by this article,
or in the event when all sidewalks, driveways either private or commercial,
curbs, curb ramps, street curbs and gutters required to be constructed
have not been constructed, no permit shall be issued by the building
official until applicant for such permit shall agree in writing to
construct, reconstruct or repair the curb, curb ramp, gutter, sidewalk
or driveway in accordance with this article as a part of and a condition
to the issuance of such building permit. No construction, addition
or alteration to such buildings or other improvements placed or constructed
on the adjacent private property shall be approved by the building
official, until such times as all the sidewalks, driveways, curbs,
curb ramps, street curbs and gutters have been constructed or reconstructed
and comply with the provisions of this article.
(Ordinance 1466, sec. 1, adopted 10/8/1953; 1959 Code, sec. 28-17; Ordinance 2826, sec. 1, adopted 6/25/1959; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-48; Ordinance 9580, sec. 1, adopted 1/14/1993)
All initial construction or major reconstruction of curbs and gutters on any public property within the city shall be under the supervision of the city engineer. All projects required by chapter 38 of this code or requiring a street or alley use permit and designed by a consulting engineer shall conform to sections 36.07.009 and 36.07.010 of this chapter. All construction, reconstruction, alteration, removal, or replacement of curbs and gutters on public property requiring a construction permit shall be under the supervision of the building official.
(Ordinance 1466, sec. 1, adopted 10/8/1953; Ordinance 1798, sec. 6, adopted 11/22/1955; 1959 Code, sec. 28-18; 1983 Code, sec. 24-49; Ordinance 8568, sec. 5, adopted 3/8/1984)
All construction, reconstruction, alteration, removal or replacement
of curbs, gutters, sidewalks and driveways on any public property
within the city shall be in accordance with the plans and specifications
provided for in this article.
(Ordinance 1466, sec. 1, adopted 10/8/1953; 1959 Code, sec. 28-19; 1983 Code, sec. 24-50)
All improvements constructed upon any public street or alley
pursuant to permit issued under this article shall, upon completion
and acceptance by the city, become the property of the city.
(Ordinance 1798, sec. 7, adopted 11/22/1955; 1959 Code, sec. 28-25; 1983 Code, sec. 24-55)
The contractor or other person in charge of work within the
scope of this article shall familiarize himself with all the provisions
of this article and other ordinances concerning such work and may,
upon request, receive explanations and instructions pertaining to
the provisions of this article from the city engineer or building
official.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-26; 1983 Code, sec. 24-56; Ordinance
8568, sec. 10, adopted 3/8/1984)
The building official or city engineer shall be authorized to
give all notices and instructions with reference to work being done
under the provisions of this article either to the contractor or his
agent or to any person in charge of the work on the ground.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-27; 1983 Code, sec. 24-57; Ordinance
8568, sec. 11, adopted 3/8/1984)
The contractor shall begin work under this article in all cases
within sixty (60) days after the permit for such work is issued, and
shall prosecute the same continuously until the work is completed
unless unavoidably delayed by weather conditions or other cause not
within the control of the contractor.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-28; 1983 Code, sec. 24-58)
The building official or city engineer shall be authorized to
suspend any work begun under the provisions of this article for any
period whenever he may deem such suspension to be necessary to ensure
good work or in the public interest, but no such suspension shall
ordinarily extend longer than one (1) week.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-29; 1983 Code, sec. 24-59; Ordinance
8568, sec. 12, adopted 3/8/1984)
The contractor or other person in charge of work done under
the provisions of this article shall keep, place and dispose of all
materials brought on the ground for such work as the building official
or city engineer may direct, and shall immediately remove from the
street and proximity of the work any materials rejected by the building
official, and he shall be responsible for and protect all of the work
and materials, and shall finish and turn over the work in a complete
and satisfactory condition as required by this article.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-30; 1983 Code, sec. 24-60; Ordinance
8568, sec. 13, adopted 3/8/1984)
The contractor or other person in charge of work done under
the provisions of this article shall not place or permit to be placed
on any paved street any rock, gravel or sand for such work, unless
the same is placed and wholly retained on a heavy kraft paper or other
suitable type of paper. Care shall be taken to keep the flow line
of the gutter unobstructed. If necessary, the flow line must be protected
by bridging.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-31; 1983 Code, sec. 24-61)
After all work performed under the provisions of this article
is completed, the contractor or other person in charge of such work
shall remove all rubbish, waste and excess materials and have the
land used for construction purposes and the street and right-of-way
area in a neat and clean appearing condition.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-32; 1983 Code, sec. 24-62)
Whenever, during the excavation for any construction under the
provisions of this article, the contractor or person doing such work
discovers a city monument or survey mark, he shall notify the city
engineer and use all possible caution to protect such monuments or
survey marks.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-33; 1983 Code, sec. 24-63)
Any sidewalk, parkway, driveway or curb which has become defective, unsafe and hazardous is hereby declared to be a nuisance and it shall be the duty of the owner of any property abutting on any street, avenue, public alley, place, square, section or part thereof, along which sidewalks, curbs or driveways are ordered to be reconstructed or repaired within thirty (30) days from the receipt of notice as provided for in section 36.04.017, to reconstruct or repair such sidewalk, curb or driveway in accordance with the standard specifications established by this article and the expense of such reconstruction or repair shall be borne by the abutting property owner. Any abutting owner who fails to reconstruct or repair sidewalks, curbs or driveways ordered to be reconstructed or repaired by the city environmental inspection services manager or designated representative shall be guilty of a misdemeanor. Any nuisance as defined by this section may be abated by the city pursuant to the abatement provisions set forth in chapter 34 of this Code of Ordinances.
(Ordinance 1410, sec. 5, adopted 11/6/1953; 1959 Code, sec. 28-34; 1983 Code, sec. 24-64; Ordinance
9786, sec. 1, adopted 3/23/1995; Ordinance 10143, sec. 1, adopted 3/11/1999)
It shall be the duty of any property owner, or person enjoying
the use of any abutting property, to reconstruct or repair any sidewalk,
parkway, curb or driveway damaged or put in a defective condition
by reason of any use being made of the property abutting such sidewalk,
parkway, curb or driveway by tree roots, structures or any other things
damaging or causing damage, whether such trees, structures or other
things are situated upon such abutting property or within the area
between the abutting property and the curb.
(Ordinance 1410, sec. 3, adopted 11/6/1953; 1959 Code, sec. 28-35; 1983 Code, sec. 24-65)
(a)
Whenever the city environmental inspection services manager or designated
representative receives information and proof of the existence of
a defective sidewalk, curb, gutter or driveway situated on public
property within the city, he shall issue a written notice and order
requiring the repair or reconstruction of the same in accordance with
the plans and specifications provided for by this article and notifying
the owner of the abutting property or the agent thereof to have such
defective sidewalk, driveway, curb or gutter so reconstructed and
repaired within thirty (30) days from the service of the written notice.
He shall attach to such notice a copy of this section and the preceding
section and send a copy of the notice to the assistant city attorney
in charge of prosecution in the municipal court.
(b)
Such notice may be served by any police officer or other person that
may be designated by the city council to serve the same, or it may
be sent by registered letter in the United States mail.
(Ordinance 1410, sec. 5, adopted 11/6/1953; 1959 Code, sec. 28-36; 1983 Code, sec. 24-66; Ordinance
9786, sec. 2, adopted 3/23/1995)
In those cases where the street curb and gutter has not been constructed in place, when application for the permit provided for in section 36.04.051 of this article is made and the city engineer has established or can establish the location and grade of such street curb and gutter, then the person making such application shall have the option of constructing such street curb and gutter according to the provisions of this article, or of omitting the construction of such street curb and gutter until such times as the street curb and gutter along such block is constructed by or at the instance of the city. In the event the applicant decides not to construct that portion of the street curb and gutter abutting his property, then all of the inner curbing required by this article which lies between the outer edge of the sidewalk and the location of the street curb shall also be omitted.
(Ordinance 1466, sec. 1, adopted 10/8/1953; 1959 Code, sec. 28-37; 1983 Code, sec. 24-67)
In those cases where the grade and location of the street curb
and gutter cannot be established because of existing conditions, then
the street curb and gutter and that portion of the inner curbing lying
between the outer edge of the sidewalk and the street curb must be
omitted, until such time as the remaining street curb and gutter along
such block is constructed by or at the instance of the city.
(Ordinance 1466, sec. 1, adopted 10/8/1953; 1959 Code, sec. 28-38; 1983 Code, sec. 24-68)
Whenever any portion of the street curb and gutter and the inner curbing is omitted as provided under sections 36.04.018 and 36.04.019 of this article, the owner of the property abutting such street who would otherwise be required to make such improvements shall, within thirty (30) days from receipt of a notice in writing from the building official, requiring the construction of such street curb and gutter and inner curbing, make such improvements within the time provided and shall, before making such improvements, obtain another permit from the building official for such improvements, as provided for in section 36.04.051, but shall not be required to pay additional fees therefor.
(Ordinance 1466, sec. 1, adopted 10/8/1953; 1959 Code, sec. 28-39; 1983 Code, sec. 24-69; Ordinance
8568, sec. 14, adopted 3/8/1984)
At all times during which any work under this article is being
performed, and until such work is completed and accepted and approved
by the building official or city engineer, the contractor shall place
and maintain all necessary and proper barriers and other safeguards,
including watchmen, if necessary, upon and around the work for the
prevention of accidents, and at night he shall place, maintain and
keep suitable and sufficient lights and flares to warn of the obstructions
and hazards. The person doing the work shall and will indemnify and
save harmless the city from and against any and all actions and claims
and against all costs, damages and expense to which the city may be
put by reasons of any injury or alleged injury to any person or property
resulting or alleged to result from, or to be occasioned by, any act,
negligence, carelessness or want of skill in connection with or in
the conduct of any of such work, or in guarding the same, or from
any improper methods, tools, implements or materials used in its prosecution
or by or on account of any alleged act or omission whatsoever of the
contractor or his agents, employees or servants. The contractor and
the person doing such work shall well and truly make payment of any
kind all sums so recovered against the city in any suit or suits on
account of such alleged injuries to which the city may be made a party,
together with all such costs, damages and expenses as may be suffered
by the city, all in such manner as to save the city whole and harmless
from all such actions or claims.
(Ordinance 1466, sec. 4, adopted 10/8/1953; 1959 Code, sec. 28-40; 1983 Code, sec. 24-70; Ordinance
8568, sec. 15, adopted 3/8/1984)
The decisions of city officials with reference to any work done
under the provisions of this article and with reference to all materials,
whether free or incorporated in the work, shall be fully binding on
all parties in interest, and such decisions shall be in all cases
strictly in keeping with the intent and purpose of this article and
free from all bias and unfairness.
(Ordinance 1466, sec. 3, adopted 10/8/1953; 1959 Code, sec. 28-41; 1983 Code, sec. 24-72; Ordinance
8568, sec. 17, adopted 3/8/1984; Ordinance 9786, sec. 4, adopted 3/23/1995)
