HomeMy WebLinkAbout07966 ORD - 04/06/1966♦ 3/23/66 ,
AN•IORDINANCE
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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
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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
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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
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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
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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
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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
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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
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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
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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
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APPROVED A TC "LEGAL FORM IS r
DAY OF Zr�L• , 19�: / / /N!i��
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY ri
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