HomeMy WebLinkAbout03914 ORD - 10/27/1954AN ORDINANCE
MOWING ORDINANCE N0, 2673, GENERALLY IOMIRED TO AS THE
GARBAGE. ORDINANCE. AND ENTITLED "AN ORDINANCE PROVIDING
FOR THE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE, TRASH
AND RUBBISH WITHIN THE CITY OF CORPUS CHRISTI; CREATING
THE WASTE AND REFUSE COLLECTION AND DISPOSAL DIVISION OF
THE PUBLIC WORKS DEPARTMENT; DEFINING TERMS; REQUIRING ALL
OWNERS, OCCU PANTS, TENANTS OR LESSEES OF RESIDENCES, CHURCHES,
SCHOOLS, COLLEGES, LODGES, AND COMMERCIAL, INDUSTRIAL, BUSINESSES,
OR OTHER BUILDINGS WITHIN THE CITY TO PROVIDE CONTAINERS AND
RECEPTACLES WITH COVERS FOR GARBAGE AND TRASH; SPECIFYING THAT
CONTAINERS AND RECEPTACLES BE PLACED AT CONVENIENT LOCATIONS
ON THE PREMISES WHERE THEY MAY BE EMPTIED AND THE CONTENTS RE-
MOVED AT REGULAR INTERVALS; PROHIBITING ANYONE EXCEPT AGENTS OR
MUMS OF THE CITY OF CORPUS CHRISTI FROM EMPTYING CONTAINERS
OR RECEPTACLES OR TRANSPORTING THE CONTENTS THEREOF ON THE
STREETS OR PUBLIC THOROUGHFARES WITHOUT A PERMIT, PRESCRIBING
REGULATION FOR THE SECURING OF PERMITS; FLXING SCHEDULES OF
REASONABLE CHARGES TO BE MADE AGAINST OWNERS, OCCUPANTS, TEMN-
ARTS AND LESSEES OF BUILDINGS AND PRE2iISES RECEIVING THE SERVICE;
CREATING A WASTE DISPOSAL DEPARTMENT; REQUIRING THE SUPERINTENDENT
OF THE WASTE DISPOSAL DIVISION TO MAKE PERIODIC INSPECTIONS OF
BUILDINGS, PREMISES, AND ALL PLACES WHERE GARBAGE, TRASH AND RUB-
BISH MAY ACCUMULATE, AND ENFORCE AND ADMINISTER THE PROVISIONS
OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; FIMG A PENALTY
FOR VIOLATIONS EMMCF; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE;
AND DECLARING AN EMERGENCY", BY AMENDING SECTION III BY ADDING
PARAGRAPH 1 -A REQUIRING RECEPTACLES TO BE KEPT CLEAN; BY
ADDING PARAGRAPH 1 -B PROVIDING FOR CONDEMNATION OF DEFECTIVE
CONTAINERS: BY AMENDING PARAGRAPH 4 SO AS TO DESIGNATE THE
POINT OF KEEPING RECEPTACLES; BY ADDING PARAGRAPH 4 -A DECLARING
VIOLATION OF RNiQWRE9ENT8 REGARDING THE KEEPING OF GARBAGE
CANS TO BE AN ENCROACHMENT PUBLIC WAYS: BY DEMING PARA-
GRAPH 5 LIMITING LENGTH OF TRASH TO FIVE 5) FEET; BY ADDING
PARAGRAPH 8 PROVIDING FOR THE DISPOSAL OF DEAD ANTMerc; PRO-
VIDING FOR THE AMENDMENT OF SECTION IV BY MOWING PARAGRAPH
1 DECLARING THEN ON OF GARBAGE TO BE NOT IN
EICESS OF CUB C YARD PIIR WEEK; BY AMENDING PARAGRAPH
2 SO AS TO FIX THE CHARGES FOR VARIOUS SERVICES RENDERED; BY
AMENDING PARAGRAPH 3 FEaNG lD:NIMUH CHARGES FOR PICK -UP SERVICE;
PROVIDING FOR THE AME2IDMEN'T OF SECTION VI BY AMENDING PARAGRAPH
2 PROVIDING FOR PRORATION OF CHARMS FOR PERKS NOT EXCEEDING
FI0MTTl_5T_D_M; PROVIDING FOR THE ADDITION OF PARAGRAPH 2 -A
SO AS TO PERMIT A CREDIT ON CHARGES WHERE PROPERTY IS VACANT
BY GIVING NOTICE; BY AMENDING PARAGRAPH 4 PROVIDING FOR EXCLUSIONS
FROM THE SERVICE RENDERED BY THE SANITARY DIVISION: PROVIDING
FOR PENALTY FOR VIOLATION; PROVIDING A SEVERANCE CLAUSE; CON-
TAINING A CORPORATION CLAUSE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR PUBLICATION IN SHORT FORM:
TEXAS:
FOLLOWS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT SECTION III OF ORDINANCE No. 2673 BE AMENDED AS
1.. BY ADDING PARAGRAPH I-A TO READ AS FOLLOWS:
1.I -A. AS A PUBLIC HEALTH PRECAUTION ALL GARBAGE AND
TRASH RECEPTACLES MUST BE KEPT AT ALL TIMES IN A
CLEAN AND SANITARY CONDITION. THE USE OF UNSUITABLE
OP. INSANITARY RECEPTACLES IS IN VIOLATION OF THIS ORDI-
NANCE AND THE HEALTH LAWS, WHICH ARE STRICTLY ENFORCED
BY THE HEALTH DEPARTMENT."
2. BY ADDING PARAGRAPH I -B To READ AS FOLLOWS:
i
1-8. CONTAINERS OR RECEPTACLES THAT HAVE DETERIORATED
OR BECOME DAMAGED TO THE EXTENT OF HAVING JAGGED OR SHARP
EDGES CAPABLE OF CAUSING INJURY TO THE COLLECTORS OR TO
THE EXTENT THAT THE COVERS WILL NOT FIT SECURELY WILL
BE CONDEMNED BY THE INSPECTORS OF THE SANITARY DIVISION;
AND IF THEY ARE NOT REPLACED AFTER NOTICE TO THE OWNER
OF THEIR DEFECTIVE CONDITION SUCH DEFECTIVE CONTAINER
SHALL BE DECLARED TO BE A PUBLIC NUISANCE CREATING A
CONDITION DANGEROUS TO THE PUBLIC HEALTH AND MAY BE DIS-
POSED OF SUMMARILY AS PROVIDED BY LAW."
3. BY CHANGING PARAGRAPH U SO AS TO HEREAFTER READ AS FOLLOWS:
114. IF THE HOUSE, SUILDIMG OR PREMISES FROM WHICH GARBAGE
OR TRASH IS TO BE COLLECTED AND REMOVED IS ADJACENT TO AN
ALLEY, THE OWNER, OCCUPANT, TENANT OR LESSEE OF SAID PRE-
MISES IS REQUIRED TO KEEP THE GARBAGE AND TRASH RECEPTACLES
AT THE ENTRANCE FROM THE ALLEY. IF IT IS NOT PRACTICABLE
TO COLLECT AND REHOVE THE GARBAGE AND TRASH FRDH AN ALLEY,
THEN THE OWNER, OCCUPANT, TENANT OR LESSEE SHALL PLACE ,
THE RECEPTACLE OR RECEPTACLES OF GARBAGE OR TRASH AT THE
DRIVEWAY ENTRANCE OR ON THE PARKWAY NEAR THE STREET, EASILY
ACCESSIBLE TO THE COLLECTORS. UNDER NO CIRCUMSTANCES IS IT
TO BE PLACED IN THE STREET."
4. BY ADDING PARAGRAPH 4 -A AS FOLLOWS:
"4 -A. FAILURE TO COMPLY IN THE ABOVE RESPECTS SHALL
CONSTITUTE A VIOLATION OF THIS ARTICLE AND IS DECLARED
TO BE AN ENCROACHMENT AI4D SUBJECT TO THE PENALTIES OF
THIS ORDINANCE AND SUCH OTHER CITY ORDIIJA14CES AS FORBID
PLACING PROPERTY IN THE PUBLIC STREET."
5. BY CHANGING PARAGRAPH 5 50 AS TO HEREAFTER READ AS FOLLOWS:
"5. IF THE TRASH, EITHER COMMERCIAL OR RESIDENTIAL, IS
OF SUCH NATURE THAT IT CANNOT BE PLACED IN THE RECEPTACLE,
IT SHALL BE CAREFULLY PLACED BESIDE THE TRASH RECEPTACLE.
ALL PIECES OF LUMBER OR TREE LIMBS, THE ORANCHES OF WHICH
MUST BE REMOVED, SHALL NOT EXCEED FIVE (5) FEET
IN LENGTH. TRASH NOT CONFORMING TO THESE CONDITIONS WILL
NOT BE PICKED UP BY THE S NITARY DIVISION."
6. BY ADDING PARAGRAPH S, WHICH SHALL READ AS FOLLOWS:
"H. DISPOSAL OF DEAD ANIMALS. DOGS, CATS OR A14Y OTHER
SHALL DEAD ANIMALS SHALL NOT BE PLACED IN GARBAGE CON-
TAINERS. THE DEAD ANIMAL PICK -UP SERVICE OF THE HUIIANE
DEPARTMENT OF THE CITY WILL, UPON NOTIFICATION: DISPOSE
OF SUCH SHALL DEAD ANIMALS."
SECTION 2. THAT SECTION IV OF ORDINANCE No. 2673 BE AMENDED AS
FOLLOWS:
S. BY AMENDING PARAGRAPH 1 OF SAID SECTION IV GY CHANGING
THE FIRST SENTENCE TO HEREAFTER READ AS FOLLOWS:
"AFTER A CAREFUL INVESTIGATION, IT HAS BEEN FOUND AND
DETERMINED THAT THE NORMAL ACCUMULATIO14 OF GARBAGE AND
TRASH IN HOUSES, BUILDINGS AND PREMISES USED FOR BUSI-
NESS AND COMMERCIAL PURPOSES DOES NOT EXCEED CNE (1)
CUBIC YARD OF GARBAGE OF TEN (10) CUBIC YARDS OF TRASH
PER WEEK."
2. BY CHANGING PARAGRAPH 2 50 AS TO HEREAFTER READ AS FOLLOWS:
"AFTER A CAREFUL INVESTIGATION, THE CHARGES SHOWN ADJACENT
TO THE RESPECTIVE RESIDENTIAL CATEGORIES IN TABLE NO. I
114MEDIATELY BELOW HAVE BEEN AND ARE HEREBY FOUND TO BE
FAIR AND REASONABLE CHARGES FOR THE SERVICES RENDERED.
TYPE DESCRIPTION MINIMUM CHARGE PER
MONTH OR FRACTION
I ONE - FAMILY RESIDENCE
$1.25
2 TWO- FAMILY RESIDENCE 0:4 ONE WATER AND/OR
GAS METER.
X2,50
3 TWO - FAMILY RESIDENCE ON SEPARATE WATER
AND/OR GAS METER
$1.25 EACH UNIT
IF APARTMENT
$1.25 EACH UNIT
5 ONE - FAMILY RESIDENCE AND SINGLE APART-
MENT ON ONE WATER AND/OR GAS METER
$2.50
6 APARTMENT HOUSE ON ONE WATER AND/OR
GAS METER
$1.25 PER UNIT OR AS
DETERMINED BY SUPT.
OF WASTE AND REFUSE
COLLECTION DIVISION
7 APARTMENT HOUSE - EACH APARTMENT ON
SEPARATE WATER AND/OR GAS METER.
$1.25
3. BY AMENDING PARAGRAPH 3 OF SAID SECTION IV BY CHANGING
THE FIRST SENTE14CE TO HEREAFTER READ AS FOLLOWS:
RAFTER A CAREFUL SURVEY AND THOROUGH INVESTIGATIONS THE
BUSINESS AND COM14ERCIAL INSTITUTIONS AND ALL OTHER. PLACES
REQUIRING SERVICE - EXCEPT AS NOTED IN PARAGRAPH 2 OF THIS
SECTION -IN THE CITY OF CORPUS CHRISTI SHALL BE CHARGED
AT A MINIMUM RATE OF 12.50 PER MONTH FOR THREE DAYS PER
WEEK PICKUP OR $5.00 PER MONTH FOR SIX DAYS PER WEEK
PICKUP IN THE AREAS DESIGNATED FOR SUCH SERVICE."
SECTION 3. THAT SECTION VI OF ORDINANCE N0. 2673 BE AMENDED AS
FOLLOWS:
1. BY CHANGING PARAGRAPH 2 SO AS TO HEREAFTER READ AS FOLLOWS:
"CHARGES FOR BUSINESS A140 COMMERCIAL INSTITUTIONS PRE-
SCRIBED BY THIS ORDINANCE AND SET FORTH UNDER PARAGRAPH 3, '
SECTION IVY SHALL BE REDUCED ONE -HALF (1/2) IF COLLECTION
AND REMOVAL SERVICES ARE OR WILL BE RENDERED DURING A
PART ONLY OF A CALENDAR MONTH PROVIDED THAT A PART OF A
MONTH EXCEEDING FIFTEEN (15) DAYS SHALL BE CONSIDERED AS
A WHOLE MONTH."
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2. BY ADDING PARAGRAPH 2 —A TO READ AS FOLLOWS:
"2 -A. CREDIT FOR VACANCY. No CREDIT WILL BE GIVEN
TO ANY PERSON, OWNER, OCCUPANT OR LE55EE OF ANY
RESIDE14CE OR PLACE OF BUSINESS FOR VACANCY THEREOF
UNLESS THE CITY IS NOTIFIED BY SUCH PERSON, OWNER,
OCCUPANT OR LESSEE WITHIN FIVE (5) DAYS AFTER SUCH
PROPERTY 15 VACATED. IF NO NOTICE IS GIVEN WITHIN
FIVE (5) DAYS AFTER SUCH PROPERTY IS VACATED, CREDIT
WILL ONLY BE GIVE14 FROM THE DATE OF NEAREST BILLING
PERIOD AFTER SUCH NOTICE IS GIVEN."
3. BY CHANGING PARAGRAPH 4 50 AS TO HEREAFTER READ AS FOLLOWS:
114. ACCUMULATIONS OF BRICK, BROKEN CONCRETE, PLASTER,
SAND, GRAVEL OR LUMBER RESULTING FROM EITHER RESIDENTIAL
OR COMMERCIAL CONSTRUCTION OR ALTERATIONS, ASHES,
CLINKERS, CINDERS, DIRT, AUTOMOBILE FRAMES OR ANY OTHER
BULKY HEAVY MATERIAL INCLUDING DEBRIS FROM VACANT LOTS,
SHALL BE IMMEDIATELY DISPOSED OF BY AND AT THE EXPENSE
OF THE OWNER OR OWNERS OR PERSON CONTROLLING SAME.
UNDER 110 CIRCUMSTANCES SHALL THE SERVICE RENDERED BY THE
SANITARY DIVISION BE CONSTRUED TO INCLUDE SUCH ACCUMU-
LATIONS REFERRED TO 111 THIS PARAGRAPH."
SECTION 4. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS
OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF FIISDEMEANOR, AND UPON CONVICTION
THEREOF SHALL BE FINED IN ANY SUM NOT TO EXCEED $200.00, AN]) EACH OFFENSE AND
EACH DAY OF CONTINUANCE OR FAILURE TO COMPLY WITH THE PPOVISIOIIS OF THIS
ORDINANCE SHALL CONSTITUTE A SEPARATE OFFENSE.
SECTION 5. 111 CASE A CORPORATION VIOLATES ANY OF THE PROVISIONS
OF THIS ORDINANCE, OR THE PROVISIONS OF ORDINANCE No. 2673 AND ALL AMENDMENTS
THERETO, THE PRESIDENT, VICE — PRESIDENT, SECRETARY, TREASURER, MANAGER, AND THE
AGENT OR EMPLOYEE VIOLATING SUCH PROVISION SHALL Be SEVERALLY LIABLE FOR THE
PENALTIES HEREIN PRESCRIBED.
SECTION 6. 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 7. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS
PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI,
WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF
THE ORDINANCE AND THE PENALTY FOR VIOLATION THEREOF, EXCEPT THAT BILLING IN
ACCORDANCE WITH THE RATES FIXED HEREIN SHALL BE COMMENCED WITH SUCH BILLING
n DATE AS MAY BE DESIGNATED BY THE COUNCIL.
-5-
�l
� of 3t» .•
ghat the -foregoing v;diuence-wae - can -for-the f rat time and passed
?A..}lssecgnd; 1954, by the
following vote: -
P. C, Callaway
-Ell'rey -King
-James- S.- Naismith
• -James -Brace - -
I _ _ -F.-P: -Peterson, Jr.
That the foregoingrord}namce-wms-read for the second time and passed
to, its third reading on this the day of _,1954, by
the following vote -
f. ,G. Calinwaq 4
Eilgoy, King .
-James 5i- Naismitb
V. James Brace
V. -P.- Petersoa, Jr
That tfie foregoing ordtrtence was z ad fgXr�tha thittl.�>hud passed
ftma}iy_Va this the -of ,9 1954, by the follow-
ing vote: c:
P. C. Callaway
Bllroy King _
James S, Naimmith
it. Jamea.Bsaoe !�
F: P. Petersen, Jr.
I
PASSER APPR04{41, This the�day of /7 il`+ ,1954,
MAYOR
ATT ^ a , .',TBE Gi17 OF CORPUS Cg6ISfI, TEXAS
City Seoretaq, /
ytPPROM - AS-ITO- -LEGAL FORM C/ _
A
City AL o qey �
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