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HomeMy WebLinkAbout07966 ORD - 04/06/1966♦ 3/23/66 , AN•IORDINANCE r M REQUIRING THE OBTAINING OF A PERMIT FOR THE DRIVING OF a PILES, POSTS-AND SUPPORTS AND FOR THE BUILDING OF ANY PIER INTO THE WATERS OF CORPUS CHRISTI BAY WITHIN THE CITY LIMITS: REQUIRING MAINTENANCE OF SUCH PIERS; DE- CLARING THE EXISTENCE OF ANY PIER, PILING, POST OR POLE r IN THE WATERS. UNLESS AUTHORIZED BY PERMIT AND MAIN- TAINED IN A USEABLE ,_SAFE CONDITION; TO BE A NUISANCE AND A HAZARD TO NAVIGATION AND REQUIRING REMOVAL OF SUCH NUISANCES UPON NOTICE FROM THE INSPECTION SECTION OF THE 1 DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. i WHEREAS, THE EXISTENCE OF PIPES, POLES, POSTS, PILING AND OTHER cE OBSTACLES, IF PERMITTED TO EXIST IN THE WATERS OF CORPUS CHRISTI BAY WITHIN THE CITY OF CORPUS CHRISTI, CONSTITUTE HAZARDS TO NAVIGATION; AND WHEREAS, THERE NOW EXIST MANY SUCH HAZARDS IN THE WATERS OF CORPUS BAY lb f CHRIST, THE OWNERSHIP OF WHICH IS UNKNOWN AND THE PERSON RESPONSIBLE FOR THE HAZARDS OF SUCH CONDITION IS UNKNOWN FOR THE REASON THAT NO PERMITS HAVE HERETOFORE BEEN REQUIRED FOR THE PLACING OF SUCH OBSTACLES IN THE BAY WATERS AND NO REQUIREMENT FOR ADEQUATE MAINTENANCE HAS BEEN REQUIRED BY CITY ORDI- NANCE; AND ' a Y WHEREAS, THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PUBLIC REQUIRE THE REGISTERING OF EXISTENCE OF SUCH OBSTACLES AT THE TIME OF PLAG ING`OF THE SAME IN THE BAY WATERS AND REQUIRE ADEQUATE MAINTENANCE AFTER THE SAME HAVE BEEN PLACED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. IT SHALL BE UNLAWFUL, UNLESS SPECIFICALLY PROVIDED BY THIS ORDINANCE, FOR ANY PERSON, FIRM OR CORPORATION'TO PLACE, BUILD OR CON— _ STRUCT OR MAINTAIN ANY PIER OR ANY PILING, POST, PIPE OR POLE IN THE %WATERS OF CORPUS CHRISTI BAY, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, OR TO MAINTAIN OR FAIL TO REMOVE THE SAME AFTER RECEIVING NOTICE AS HEREIN- AFTER PROVIDED. SECTION 2. THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS SHALL BE RESPONSIBLE FOR THE ISSUANCE OF PERMITS FOR THE PLACING, r Nt 4 f 7966 �. 4 BUILDING OR CONSTRUCTION OF ANY PIER OR ANY PILINGS POST, PIPE OR POLE IN THE CORPUS CHRISTI BAY WATERS, WITHIN THE CITY LIMITS OF THE CITY OF FOR CORPUS CHRISTI. EACH PERMIT SHALL BE/A SPECIFIC POLES PIPE, POST PILING OR FOR THE CONSTRUCTION OF A PIER OR OTHER STRUCTURE AT A SPECIFIC LOCALITY WITHIN THE BAY WATERS OF THE CITY AND SHALL SPECIFY THE DIMENSIONS AND THE TYPE OF MATERIALS TO BE USED AND DESCRIBE THE 4,RLAND TO WHICH SAID PLACEMENT OR STRUCTURE IS ATTACHED. SUCH PERMIT SHALL BE ISSUED ONLY UPON FURNISHING OF INFORMATION TO THE INSPECTION SECTION OF THE DEPARTMENT OF 4 PUBLIC WORKS SUFFICIENT TO PLACE SUCH INFORMATION IN THE PERMIT REQUESTED. COMPLIANCE WITH THE PROVISIONS IN THE OBTAINING OF A PERMIT SHALL NOT.RE- LIEVE ANY PERSON, FIRM OR CORPORATION FROM OBTAINING AUTHORITY FROM ANY OTHER GOVERNMENTAL BODY FOR THE PLACING OF ANY FACILLTY OR STRUCTURE IN BAY WATERS OF THE CITY. SECTION 3. ALL POLES, PIPES, POSTS PILINGS PIERS AND/OR OTHER STRUCTURES HERETOFORE PLACED IN THE CORPUS CHRISTI BAY WATERS OF THE CITY WITHIN LIMITS SET FORTH IN SECTION 4, SHALL BE REGISTERED BY APPLICATION FOR A PERMIT FOR AN EXISTING FACILITY OR STRUCTURE OR REMOVED WITHIN SIX (6) MONTHS FROM THE DATE OF THE ADOPTION OF THIS ORDINANCE WITHOUT THE REQUIREMENT OF ANY NOTICE. THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS IS CHARGED WITH THE ENFORCEMENT OF THIS ORDINANCE AND SHALL MAKE INSPECTION OF THE BAY WATERS OF THE CITY AND UPON DISCOVERY OF ANY POLE, PIPES POST; PILING OR PIER WHICH HAS NOT BEEN REGISTERED WITH SAID INSPECTION SECTION SHALL ISSUE WRITTEN NOTICE REQUIRING THE REMOVAL OF SUCH FACILITY OR STRUCTURE TEN (10) DAYS FROM THE DATE OF DELIVERY OF SUCH NOTICE. SECTION 4. ANY UPLAND OWNER WHO HAS IN EXISTENCE ANY POLE, PIPE, PILING, POST, PIER AND/OR OTHER STRUCTURE IN THE WATER AREA RIPARIAN TO HIS LAND AND WITHIN THE BAY WATERS OF CORPUS CHRISTI BAY AND EXTENDING FROM THE SHORE WITHIN THE EXTENSION OF THE PROPERTY LINES INTO THE CORPUS , 4 CHRISTI BAY WATERS OF THE CITY OF CORPUS CHRISTI FOR A DISTANCE OF 1000 FEET FROM THE SHORE SHALL IMMEDIATELY COMPLY WITH ANY NOTICE FROM THE -2- INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY AND SHALL COMPLY WITH THE REGISTRATION AND PERMIT REQUIREMENTS OF THIS ORDINANCE. NO FEE SHALL BE CHARGED FOR REGISTRATION OF THE EXISTENCE OF SUCH POLE, PIPE, POST, PILINGS PIER AND/OR OTHER STRUCTURE, BUT A FEE AS PROVIDED IN THE BUILDING CODE OF THE CITY SHALL BE PAID FOR EACH PERMIT FOR REPAIR OR CONSTRUCTION. ANY SUCH RIPARIAN OWNER HAVING ANY SUCH UNREGISTERED FACILITY OR STRUCTURE WITHIN THE CORPUS CHRISTI BAY WATERS, OR HAVING ANY PIER, OR PART OF A PIERS WHICH IS NOT BEING MAINTAINED IN A USEABLE AND SAFE CONDI- TION AND FAILS TO COMPLY WITH THE NOTICE HEREINABOVE PROVIDED, OR TO REGISTER THE SAME AND PROVIDE! MAINTENANCE UNDER A PERMIT FOR CONSTRUCTION OR REPAIR AS HEREIN REQUIRED,'SHALL BE GUILTY OF A MISDEMEANOR AND BE SUBJECT TO A FINE UPON CONVICTION IN THE CORPORATION COURT OF A FINE OF NOT IN EXCESS OF TWO HUNDRED DOLLARS ($200.00). EACH DAY OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE. SECTION 5. IN ADDITION TO ALL OTHER REMEDIES, THE CITY SHALL HAVE THE RIGHT TO ENFORCE THE PROVISIONS OF THIS ORDINANCE BY INJUNCTION IN THE NATURE OF ABATEMENT OF NUISANCE AND THE CONDITIONS HEREBY PROHIBITED ARE HEREBY DECLARED TO BE NUISANCES.' ' SECTION 6. IN ADDITION TO ALL OTHER REMEDIES OF THE CITY, THE CITY SHALL HAVE THE RIGHT TO ASSESS THE COSTS IN ABATING THE NUISANCE HERE- IN DESCRIBED UPON NOTIFYING THE RIPARIAN LANDOWNER'TO ABATE SUCH NUISANCE AND/OR COMPLYING WITH THE PROVISIONS OF THIS ORDINANCE WITHIN TEN (10) DAYS, AND IN THE EVENT ANY SUCH OWNER FAILS OR REFUSES TO COMPLY WITH THE REQUIREMENTS OF SAID NOTICE IN WRITING ADDRESSED TO'SUCH OWNER AT HIS POST OFFICE ADDRESS, OR WITHIN TEN (10) DAYS AFTER NOTICE BY PUBLICATION AS MANY AS TWO TIMES WITHIN TEN (10) CONSECUTIVE DAYS IN ANY NEWSPAPER OF THE CITY IN THE EVENT PERSONAL SERVICE MAY NOT BE HAD BY REASON OF THE OWNER OF SAID PROPERTY BEING UNKNOWN OR THE ADDRESS OF SUCH OWNER BEING UNKNOWN. THEN THE CITY MAY DO SUCH ACTS AS ARE NECESSARY TO ABATE SUCH NUISANCE AND CHARGE THE EXPENSE INCURRED IN DOING SUCH WORK AND ASSESS THE SAME AGAINST THE SAID RIPARIAN LAND ABUTTING THE WATER UPON WHICH SAID NUISANCE PREVIOUSLY EXISTED. IN ORDER TO FIX A LIEN FOR THE ASSESSMENT OF SUCH EXPENSE, THE -3- DIRECTOR OF PUBLIC WORKS SHALL FILE A STATEMENT OF EXPENSE INCURRED THE DATE ON WHICH THE WORK WAS DONE AND A DESCRIPTION OF THE UPLAND UPON WHICH SAID WORK WAS DONE. SAID STATEMENT SHALL BE SWORN TOE AND FILED WITH THE COUNTY CLERK OF NUECES COUNTY AND THE CITY SHALL HAVE A PRIVILEGED LIEN FOR SUCH ASSESSMENT AND CHARGES,ON SUCH UPLAND WHICH LIEN SHALL BE SECOND ONLY-TO TAX LIENS AND LIENS FOR STREET IMPROVEMENTS1 AND SUCH AMOUNT SHALL BEAR TEN PERCENT (10 %) INTEREST FROM THE DATE OF FILING OF SAID STATEMENT. FOR ANY SUCH EXPENDITURES OR INTEREST AS AFORESAID, SUIT MAY BE INSTITUTED AND RECOVERY AND FORECLOSURE OF SUCH LIEN MAY BE HAD IN THE NAME OF THE CITY, AND THE STATEMENT OF EXPENSES SO MADE, AS AFORESAID, OR A CERTIFIED COPY THEREOF, SHALL BE PRIMA FACIE PROOF OF THE AMOUNT EXPENDED FOR SUCH WORK OR IMPROVEMENTS. SECTION 7. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 8. PUBLICATION SHALL BE MADE IN THE OFFICIAL NEWSPAPER OF THE CITY ONE TIME, STATING IN SUBSTANCE THE PURPOSE OF THIS ORDINANCE, AND THEIPENALTY FOR VIOLATION THEREOF. THAT THE FOREGOING ORDINANCE WAS RfAggFOR THE FIRS E AND PASS D O ITS SECOND READING ON THIS THE dd DAY OF , �9 6 , BY THE FOLLOWING VOTE: ' DR. MCIVER FURMAN JACK BLACKMON d PATRICK J. DUNNE ,• d �b, e i - DR. P. JIMENEZ, JR. p r • KEN MCDANIEL RONNIE SIZEMORE • WM. H. WALLACE THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TI AND PASSED TO ITS THIRD READING ON THIS THEE DAY OF3%7nr.t.�t_/ , 190, G , BY THE FOLLOWING VOTE: ,t DR. MCIVER FURMAN JACK BLACKMON ' PATRICK J. DUNNE • ,LC }� DR. P. JIMENEZ, JR.' Q • KEN MCDANIEL ; j[� /,( ,_4/'Q RONNIE SIZEMORi WM. H. WALLACE 1% THAT THE FOREGOING ORDINANCE W S READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE �_ DAY OF , "� , 19 4�4 BY THE FOLLOWING VOTE: DR. MCIVER FURMAN •r JACK BLACKMON a PATRICK J. DUNNE F DR. P. JIMENEZ, JR. • ( �..(/ Q KEN MCDANIEL BONNIE SIZEMORE WM. H. WALLACE f/ ` PASSED AND APPROVED, THIS THE DAY OF ATTES R C TY $ CR T r APPROVED A TC "LEGAL FORM IS r DAY OF Zr�L• , 19�: / / /N!i�� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY ATTORNEY ri n