HomeMy WebLinkAbout04416 ORD - 12/14/1955IMS :MEM :12 /12/55
AN ORDINANCE
FOR THE PROMOTION OF PUBLIC SAFETY, HEALTH, GENERAL
WELFARE, THE ABATEMENT OF NUISANCE AND TO EFFECTUATE
THE GENERAL PURPOSE OF MUNICIPAL PLANNING IN THE REGULATION
AND CONTROL OF ALL MAN MADE EXCAVATIONS OVER ONE (1)
FOOT IN DEPTH EXCLUBING NORMAL AGRICULTURAL, INDUSTRIAL,
HORTICULTURAL AND RESIDENTIAL USE OF PROPERTY, PERSONS
CONSTRUCTING BY PERMIT OF DEPARTMENT OF PUBLIC WORKS,
PRIVATE UTILITIES OPERATING UNDER FRANCHISE OR SPECIAL
PERMIT ISSUED BY THE CITY AND THE UNITED STATES OF
AMERICA, THE STATE OF TEXAS AND POLITICAL SUBDIVISIONS
OF EITHER THEREOF, WITHIN THE CITY OF CORPUS CHRISTI;
DEFINING CERTAIN TERMS; PRESCRIBING PROCEDURE FOR
OBTAINING EXCAVATION PERMITS; PROVIDING A FEE FOR EXCAVATION
PERMITS; TIME LIMITATION OF PERMIT; INSPECTION OF EXCAVATIONS
PROVIDED; REVOCATION OF EXCAVATION PERMITS ISSUED; PRO-
HIBITED EXCAVATION LOCATIONS; NON- REPEAL OF CERTAIN ORDINANCES;
CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING A
PENALTY AS A FINE OF NOT LESS THAN FIVE DOLLARS ($5,00) AND
NOT TO EXCEED A FINE OF MORE THAN TWO HUNDRED DOLLARS
($200.00) FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
MANNER OF PUBLICATION AND EFFECTIVE DATE OF ORDINANCE.
WHEREAS, THIS COUNCIL DOES NOW DETERMINE THAT IT IS NECESSARY
IN THE INTEREST AND PROMOTION OF PUBLIC HEALTH, SAFETY AND WELFARE"TO RE-
GULATE AND CONTROL THE MAINTENANCE OF EXISTING AND FUTURE,MAN -MADE EXCAVA-
TRONS WITHIN THE CITY LIMITS OF THE CITY OF Cd1*US CHRISTI, TEXAS;
NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. TITLE: THE TITLE OF THIS ORDINANCE AND THE NAME BY
WHICH IT SHALL BE KNOWN IS THE p°CORPUS CHRISTI EXCAVATION ORDINANCE'.
SECTION 2. PURPOSE: THE FACT THAT THERE ARE AT THE PRESENT TIME
NO ADEQUATE PROVISIONS OR CITY ORDINANCES WITH REFERENCE TO MAN-MADE EXCA-
VATIONS, DEPRESSIONS, PITS, HOLES, QUARRIES, GULLIES AND DITCHES WITHIN THE
CITY LIMITS OF THE CITY OF CORPUS CHRISTI, THE FACT THAT SUCH MAN -MADE
CONDITIONS DO EXIST IN THE CITY OF CORPUS CHRISTI, THE FACT THAT SUCH MAN-
MADE CONDITIONS ARE DIRECTLY RELATED TO THE LIVE5, PROPERTY, HEALTH, SAFETY
AND CONVENIENCE OF THE PUBLIC AND IN AFFECTING THE GENERAL PURPOSE OF ORDERLY
-1-
TP�
MUNICIPAL PLANNING OF THIS CITY, AND THE FACT THAT MAN —MADE EXCAVATIONS
OF ALL DESCRIPTION WITHIN THE CITY LIMITS MAKES REGULATION AND CONTROL
THEREOF NECESSARY AND DESIRABLE IN ORDER TO PREVENT NUISANCES, HEALTH
HAZARDS, PROTECT THE LIVES, PROPERTY, PUBLIC WELFARE, THE GENERAL WEL-
FARE AND TO EFFECTUATE THE GENERAL PURPOSE OF ORDERLY MUNICIPAL PLANNING
OF THE CITY OF CORPUS CHRISTI, EACH SINGULARLY AND COLLECTIVELY CON-
STITUTE THE REASONS, NEEDS AND PURPOSES FOR WHICH THIS ORDINANCE IS
ADOPTED AND ENACTED,
SECTION 3. DEFINITIONSa FOR THE PURPOSES OF THIS ORDINANCE,
AND FOR ALL PURPOSES UNDER THIS ORDINANCE, THE FOLLOWING WORDS AND TERMS
WHEREVER AND WHENEVER USED OR APPEARING IN THIS ORDINANCE SHALL HAVE THE
SCOPE AND MEANING HEREINAFTER DEFINED AND SET OUT IN CONNECTION WITH EACH*
(1) THE WORD %PERSON" SHALL INCLUDE BOTH THE SINGULAR
AND THE PLURAL; AND SHALL -4KEAN AND INCLUDE ANY
INDIVIDUAL, FIRM, PARTNERSHIP, ASSOCIATION, COR-
PORATION, CLUB, SOCIETY, CO— OPERATIVE, TRUST,
RECEIVER, SYNDICATE OR ANY OTHER GROUP OR COMBINATION
ACTING AS A UNIT.
(2) THE WORD 'EXCAVATION' SHALL INCLUDE BOTH THE SINGULAR
AND THE PLURAL; AND SHALL MEAN AND INCLUDE ANY ACT
BY WHICH SOIL, EARTH, CLAY, SAND, GRAVEL, ROCK, LOAN,
CALICHE, DIRT, HUMUS, OR ANY OTHER SIMILAR MATTER 15
DUG, CUT INTO, QUARRIED, UNCOVERED, REMOVED, DISPLACED,
RELOCATED OR BULLDOZED OVER ONE (1) FOOT IN DEPTH IN THE
EARTH.
(3) THE WORD 'SOIL" SHALL MEAN AND INCLUDE ANY EARTH, SAND,
CLAY, LOAM, GALIOHE, GRAVEL, HUMUS, ROCK, DIRT OR ANY
OTHER MATTER IW ON UPON THE GROUND WITHOUT RESARD TO THE
PRESENCE OR ABlikkE THEREIN OF MINERALS OR OTHER ORGANIC
,
MATTER.
—2—
SECTION 3, A. EXCAVATIONS AS NUISANCESa IT IS DECLARED
AND DECREED THAT FROM AND AFTER THE EFFECTIVE DATE OF THIS ORDINANCE
ANY EXCAVATION LOCATED WITHIN THE CITY LIMITS, OR HEREAFTER CREATED
WITHIN THE CITY LIMITS OR WITHIN FIVE THOUSAND (5,000) FEET OF THE
CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SHALL AND DOES CON-
STITUTE A NUISANCE WHEN MAINTAINED OR PERMITTED TO EXIST BY ANY PERSOil
IN AN UNWHOLESOME OR NAUSEOUS CONDITION, OR IN A MANNER BY WHICH STAG-
NATE WATER ACCUMULATES, OR IN A MANNER IN WHICH. WATER COLLECTS WHERE
IT IS POSSIBLE AND PROBABLE MOSQUITOES WILL BREED, OR IN A CONDITION
WHERE RATS COULD HARBOR, OR IN A MANNER AND CONDITION CONSTITUTING A
BREEDING PLACE FOR FLIES OR IN A MANNER AND CONDITION WHERE FILTH.
GARBAGE, TRASH, DEBRIS AND OTHER DISCARDED MATERIAL ACCUMULATES AND IS
DEPOSITED, OR 15 MAINTAINED OR PERMITTED TO EXIST IN AN UNFENCED, OPEN
CONDITION, ACCESSIBLE TO CHILDREN AND OTHER MEMBERS OF THE PUBLIC, OR
IS MAINTAINED AND WORKED IN SUCH A MANNER AS TO DISTURB, EFFECT OR DES-
TROY THE LATERAL SUPPORT OF OR BLOCK AND IMPEDE TRAFFIC ON ANY PUBLIC
STREET, ALLEY, ROAD OR WAY, OR THAT 05 MAINTAINED OR PERMITTED TO EX15T
IN ANY CONDITION WHICH CONSTITUTES A POSSIBLE AND PROBABLE MEDIUM OF
TRANSMISSION OF DISEASE TO OR BETWEEN HUMAN BEINGS, OR TO MAINTAIN OR
PERMIT TO EXIST ANY ONE OR MORE OF THE ABOVE ENUMERATED CONDITIONS, IT
IS FURTHER DECLARED AND DECREED THAT ANY PERSON IN LOCATING OR MAINTAIN-
ING ANY EXCAVATION IN VIOLAT.IOH OF THE PROVISIONS OF THIS SECTION OF THIS
ORDINANCE SHALL BE SUBJECT TO THE PENALTY PROVISIONS OF THIS ORDINANCE
AND IS HEREBY DEEMED TO BE MAINTAINING A NUISANCE, NOTHING HEREIN SHALL
IN ANY WAY REDUCE THE REMEDIES WHICH THE CITY MAY OTHERWISE HAVE TO RE-
GULATE, CORRECT, ABATE OR ABOLISH ANY NUISANCE WITHIN THE CITY LIMITS OR
WITHIN FIVE THOUSAND (5,000) FEET OF THE CITY LIMITS.
-3-
SECTION 4. PERMIT: IT SHALL BE UNLAWFUL AND A VIOLATION OF
THIS ORDINANCE FOR ANY PERSON ACTING FOR I{GM5ELF OR ACTING AS AN AGENT,
EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVANT OF ANY OTHER PERSON, TO COM-
MENCE AN EXCAVATION, TO EXCAVATE OR CONTINUE TO EXCAVATE OR TO MAINTAIN AN
EXISTING EXCAVATION WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI,
TEXAS, OR TO WORK UPON OR ASSIST IN ANY WAY IN THE PROSECUTION OR OPERA-
TION OF ANY SUCH EXCAVATION, WITHOUT AN EXCAVATION PERMIT HAVING BEEN
ISSUED BY THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
IN ACCORDANCE WITH THE TERMS OF THIS ORRINANCE;
SECTION 5. APPLICATION FOk PERMIT,: tAt CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI HEREBY DECREES TMA4;.- &6,..EXCAVATION PERMITS SHALL
BE ISSUED BY THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS OF
THE CITY. SUCH PERMITS SHALL BE ISSUED ONLY AFTER AN'. APPLICATION, IN THE
FORM OF AN AFFIDAVIT, 15 EXECUTED IN DUPLICATE AND PRESENTED TO THE IN-
SPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS, WHICH APPLICATION
SHALL BE REFERRED TO THE ZONING AND PLANNING COMMISSION OF THE CITY FOR
REVIEW, CONSIDERATION AND RECOMMENDATION. THE DEPARTMENT OF PUBLIC WORKS
SHALL BE BOUND TO ACT IN ACCORD WITH THE ZONING AND PLANNING COMMISSION 'S
RECOMMENDATION IN THE ISSUANCE OF EACH EXCAVATION P9"I T.
SECTION 6. INFORMATION TO BE SUPPLIED IN EACH APPLICATION FOR
PERMIT: EACH AMJICATION FOR AN EXCAVATION PERMIT MUST INCLUDE AJ.L F THE
FOLLOWING INFORMATION IM QE'.FRAL BEFORE IT CAN BE ACCEPTED BY THE DEPARTMENT
OF PUBLIC WORKS AND BEFORE IT CAN BE CONSIDERED BY THE ZONING AND PLANNING
COMMISSION OF THE CITY:
(1) THE IDENTITY AND RESIDENCE ADDRESS OF THE APPLICANT.
(2) THE IDENTITY AND RESIDENCE ADDRESS OF THE OWNER OF THE
LAND.
(3) THE LOCATION AND LEGAL DESCRIPTION OF THE LAND.
(4) A POSITIVE STATEMENT AS TO WHETHER THE LAND HAS BEEN
PLATTED.
-4
(5) A POSITIVE STATEMENT THAT CITY, COUNTY, STATE AND SCHOOL
DISTRICT AD VALOREM TAXES HAVE BEEN PAID AND ARE CURRENT
CONCERNING THE LAND,
(6) THE PURPOSE OR REASON FOR THE REMOVING OR MOVING OF THE
SOIL FROM OR ON THE LAND,
(7) THE QUANTITY IN CUBIC YARDS OF SOIL TO BE MOVED OR RE-
MOVED FROM THE LAND.
(8) IN THE CASE OF REMOVAL THE PLACE OR PLACES TO WHICH THE
SOIL IS TO BE REMOVED,
(9) THE PROPOSED DATE OF COMPLETION OF THE SOIL REMOVAL OR
MOVING,
(10) A POSITIVE STATEMENT THAT NO BUILDINGS, RESIDENCES OR
STRUCTURES ARE WITHIN ONE HUNDRED AND FIFTY (150) FEET
OF THE PROPOSED EXCAVATION,
(11) A POSITIVE STATEMENT THAT THE PROPOSED EXCAVATION SHALL
NOT BLOCK, INCUMBER OR CLOSE ANY PUBLIC STREET, WAY OR
ALLEY, OR DISTURB THE LATERAL SUPPORT THEREOF,
(12) A POSITIVE STATEMENT THAT THE PROPOSED - EXCAVATION
SHALL NOT BE LOCATED NEARER THAN THREE HUNDRED FIFTY
(350) FEET TO ANY EXTERIOR PROPERTY LINE BOUNDARY OF
LANDS UTILIZED FOR A PUBLIC OR PAROCHIAL SCHOOL, A
COLLEGE, A UNIVERSITY, A HOSPITAL, A CHURCH, PUBLIC
BUILDING OR A CEMETARY.
(13) A POSITIVE STATEMENT THAT THE PROPOSED EXCAVATION
IS NOT NOR SHALL NOT BE LOCATED IN AN AREA WHICH HAS
OF PUBLIC RECORD RESTRICTIONS OR COVENANTS PROHIBITING
SUCH A USE OF THE PROPERTY,
(14) THE PROPOSED SLOPES AND LATERAL SUPPORTS TO BE USED
IN THE EXCAVATION SHALL BE SET FORTH.
(15) THE PRESENT AND PROPOSED ARRANGEMENTS MADE FOR SUR-
FACE WATER DRAINAGE.
-5
(16) THE SAFETY PRECAUTIONS TO BE INSTALLED AND MAINTAINED
AT THE SITE, SUCH AS FENCES AROUND THE EXCAVATION,
TRAFFIC CONTROL DEVICES AND DRAINAGE SYSTEM TO KEEP
THE EXCAVATION FROM COLLECTING WATER WITHIN IT.
(17) SUCH OTHER PERTINENT DATA AS THE DEPARTMENT OF PUBLIC
WORKS AND ZONING AND PLANNING GOMM- ISSION MAY HEREAFTER
BY RESOLUTION REQUIRE.
SECTION 7. FEE ON APPLICATION FOR PERMIT,, ON SUBMISSION OF AN
APPLICATION FOR AN EXCAVATION PERMIT TO THE DEPARTMENT OF PUBLIC WORKS A FEE
SHALL ALSO BE SUBMITTED FOR THE ADEQUATE ADMINISTRATION, INSPECTION, REGULA-
TION AND ENFORCEMENT OF THIS ORDINANCE IN AN AMOUNT OF TWENTY -FIVE DOLLARS
($25.00), IN THE EVENT OF A REFUSAL OF ISSUANCE OF AN EXCAVATION PERMIT,
AS HEREINAFTER PROVIDED, THE TWENTY -FIVE DOLLARS ($25,00) FEE SHALL BE RE-
FUNDED TO T11£ APPLICANT.
SECTION S. TIME LIMIT OF PERMIT: EACH EXCAVATION PERMIT ISSUED
SHALL BE ISSUED FOR A MAXIMUM PERIOD OF ONE (1) YEAR, AFTER WHICH PERIOD,
THE PERMIT IS VOID AND THE PERSON TO WHOM THE PERMIT WAS ISSUED MUST MAKE A
NEW APPLICATION FOR A NEW PERMIT FOR EACH SUCCEEDING YEAR OR PORTION OF A
YEAR THAT AN EXCAVATION 15 OPERATED OR MAINTAINED.
SECTION 9. REVIEW OF APPLICATION BY ZONING AND PLANNING COMMIS-
SION; WITHIN THIRTY (30)DAYS AFTER RECEIPT OF AN APPLICATION THE ZONING
AND PLANNING COMMISSION OF THE CITY SHALL REVIEW AND CONSIDER SAID APPLI-
CATION AND SUBMIT ITS RECOMMENDATION TO THE DEPARTMENT OF PUBLIC WORKS
WHICH SHALL GRANT OR REFUSE THE PERMIT IN ACCORDANCE WITH THE ZONING AND
PLANNING COMMISSION 'S RECOMMENDATION. IN THE EVENT THE ZONING AND PLANN-
ING COMMISSION FAILS FOR ANY REASON TO ACT UPON ANY APPLICATION FOR AN
EXCAVATION PERMIT WITHIN THE THIRTY (30) DAY PERIOD PROVIDED HEREIN, IT
SHALL BE CONCLUSIVELY PRESUMED THAT SUCH APPLICATION WAS APPROVED BY THE
ZONING AND PLANNING COMMISSION AND THE DEPARTMENT OF PUBLIC WORKS SHALL
FORTHWITH ISSUE THE EXCAVATION PERMIT SOUGHT,
-6
SECTION 10. APPEAL TO CITY COUNCIL: IN THE EVENT AN APPLICANT
IS REFUSED AN EXCAVATION PERMIT, HE MAY, NOT LATER THAN TEN (10) DAYS FROM
THE DATE OF RECEIVING NOTICE OF SUCH REFUSAL, APPEAL TO THE CITY COUNCIL
FOR A PUBLIC HEARING ON THE REFUSAL, BY DIRECTING A LETTER TO THE MAYOR
AND COMMISSIONERS OF THE CITY OF CORPUS CHRISTI, SETTING FORTH THEREIN
THE DATE OF DENIAL OF THE EXCAVATION PERMIT AND THE REASONS WHY THE APPLI-
CANT FEELS HE HAS BEEN WRONGED IN BEING REFUSED THE PERMIT. THE CITY
COUNCIL SHALL, ON RECEIVING SUCH NOTICE OF APPEAL, DIRECT THE CITY SEC-
RETARY TO PLACE IT ON THE CITY COUNCIL'S WORK AGENDA TO BE CONSIDERED IN
THE DUE ORDER OF CITY BUSINESS. THE CITY SECRETARY SHALL THEN NOTIFY THE
APPLICANT AS TO THE DATE AND PLACE WHERE THE CITY COUNCIL WILL CONSIDER HIS
APPEAL. THE CITY COUNCIL ON CONDUCTING THE PUBLIC HEARING REGARDING THE
APPLICANT'S APPEAL, MAY BY MAJORITY VOTE SUSTAIN OR BY TWO - THIRDS VOTE OF
ITS QUORUM PRESENT, OVERRULE THE ZONING AND PLANNING COMMISSIONS RECOM-
MENDATIONS,
SECTION. ii. PERMIT FORM: THE EXCAVATION PERMIT SHALL BE IN
SUCH FORM AND NUMBERED AS MAY BE PRESCRIBED BY THE DEPARTMENT OF PUBLIC
WORKS AND SHALL CONTAIN ANY AND ALL SPECIAL CONDITIONS SET FORTH IN THE
ZONING AND PLANNING COMMISSION'S RECOMMENDATION.
SECTION 12. FACTORS TO BE CONSIDERED BY ZONING AND PLANNING
60MMISSION IN ARRIVING AT RECOMMENDATION: IN CONSIDERING AND REVIEWING AN
APPLICATION FOR AN EXCAVATION PERMIT THE ZONING AND PLANNING COMMISSION SHALL
BE GUIDED BY THE GENERAL PURPOSE OF ORDERLY MUNICIPAL PLANNING, THE PRO-
HIBITING OF ANY CONDITION OR THE DOING OF ANY ACT CONSTITUTING OR CREATING
A NUISANCE, HEALTH HAZARD OR ENDANGERING THE LIVES OR PROPERTY OF OTHERS.
AS AIDS IN ACCOMPLISHING THESE PURPOSES THE FOLLOWING POINTS SHALL BE CON-
SIDERED BY THE ZONING AND PLANNING COMMISSION IN REVIEWING APPLICATIONS FOR
EXCAVATION PERMITS, HOWEVER SUCH AIDS SHALL NOT BE EXCLUSIVE IN THE COM-
MISSION'S CONSIDERATION AND ULTIMATE RECOMMENDATION.
(1) SOIL AND EARTH EROSION BY WATER AND WIND.
(2) SURFACE WATER DRAINAGE AND WATER DRAINAGE FACILITIES
OF THE EXCAVATION.
_7_
(3) LATERAL SUPPORTS OF THE EXCAVATION,
(4) CONDITION EXCAVATION TO BE MAINTAINED AND SAFE-
GUARDS TO BE TAKEN TO PROHIBIT CREATING A NUISANCE,
HEALTH HAZARD, ATTRACTIVENESS TO CHILDREN, AD FEATURES
PROVIDED TO DISPENSE WITH THE ENDANGERING OF THE LIVES
AND- PRORERTY OF THE PUBLIC,
(S) LAND VALUES AMq -0599 1� THE AREA OF THE EXCAVATION,
(6) SUCH OTHER FACTORS AS MAY BEAR OR RELATE TO THE
CO-ORDINATED, ADJUSTED AND HARMONIOUS PHYSICAL
DEVELOPMENT OF THE CITY.
IN ARRIVING AT ITS ULTIMATE RECOMMENDATION THE ZONING AND PLANNING COM-
MISSION MAY ATTACH SUCH SPECIAL CONDITIONS THERETO AS MAY BE REASONABLY
NECESSARY TO ATTAIN THE OVERALL PURPOSE OF THIS ORDINANCE,
SECTION 13, INSPECTION- FOR THE PURPOSE OF ADMINISTERING AND
ENFORCING THIS ORDINANCE EMPLOYEES OF THE INSPECTION SECTION OF THE DEPART-
MENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, SHALL HAVE THE RIGHT TO
ENTER INTO AND UPON ANY LANDS, WITHIN THE CITY LIMITS, IN OR UPON WHICH AN
EXCAVATION EXISTS OR ON ANY LANDS ON WHICH OPERATIONS ARE BEING CONDUCTED IN
CREATING AN EXCAVATION, TO EXAMINE AND INSPECT SUCH LANDS AND EXCAVATIONS,
TO DETERMINE WHETHER THE EXCAVATION ITSELF OR THE OPERATIONS IN CREATING AN
EXCAVATION ARE IN VIOLATION OF THIS ORDINANCE AND TO FURTHER DETERMINE
WHETHER AN EXCAVATION PERMIT HAS BEEN SECURED AS 15 REQUIRED IN THIS ORDIN-
ANCE, IF THE PERSONAL INSPECTION PROVIDED FOR HEREIN REVEALS THAT THE EX-
CAVATION 05 BEING OPERATED OR MAINTAINED IN VIOLATION OF THE EXCAVATION PER-
MIT ISSUED, SAID INSPECTOR SHALL IMMEDIATELY GIVE NOTICE IN WRITING TO THE
PERSON IN CHARGE AT THE SITE OF THE EXCAVATION TO CEASE OPERATIONS, SETTING
FORTH THEREIN THE EXACT REASON OR REASONS FOR THE ISSUANCE OF SAID NOTICE,
AFTER ISSUANCE OF SAID NOTICE THERE SHALL BE NO FURTHER OPERATION OF THE
EXCAVATION UNTIL THE VIOLATIONS COMPLAINED OF BY THE INSPECTING OFFICIAL
HAVE BEEN REMEDIED. SAID OPERATOR SHALL HAVE THREE (3) DAYS FROM THE DATE
OF RECEIPT OF THE COMPLAINT NOTICE FROM THE INSPECTING OFFICIAL TO REMEDY
THE DEFECTS COMPLAINED OF BY~
-am
THE INSPECTOR AND TO NOTIFY THE INSPECTION SECTION OF THE DEPARTMENT OF
PUBLIC WORKS OF THE CITY THAT THE DEFECTS COMPLAINED OF HAVE BEEN REMEDIED
AND THAT THE EXCAVATION IS READY FOR ADDITIONAL INSPECTION, IN THE EVENT AN
OPERATOR FAILS TO REMEDY THE DEFECTS COMPLAINED OF BY THE INSPECTING OFFI-
CIAL, SAID OFFICIAL SHALL NOTIFY THE ZONING AND PLANNING COMMISSION OF THE
VIOLATIONS DISCOVERED AND REQUEST THAT A HEARING BE SET FOR A REVOCATION OF
SAID OPERATOR''s EXCAVATION PERMIT, A CONTINUATION OF WORK OR OPERATION OF
THE EXCAVATION, OTHER THAN TO REMEDY THE DEFECTS COMPLAINED OF, AFTER
WRITTEN NOTICE HAS BEEN RECEIVED BY THE OPERATOR TO CEASE THE EXCAVATION
OPERATIONS SHALL CONSTITUTE A VIOLATION OF THIS ORDINANCE,
SECTION 14, REVOCATION OF EXCAVATION PERMITS. ANY EXCAVATION
PERMIT ISSUED UNDER THIS ORDINANCE WHERE A NOTICE TO CEASE OPERATIONS THERE-
UNDER IS ISSUED BY AN INSPECTION OFFICIAL MAY BE REVOKED BY THE ZONING AND
PLANNING COMMISSION OF THE CITY AFTER NOTICE AND HEARING FOR.
(1) VIOLATION OF ANY CONDITION OF THE EXCAVATION PERMIT;
(2) VIOLATION OF ANY PROVISION OF THIS ORDINANCE OR ANY
OTHER APPLICABLE ORDINANCE OR LAW RELATING TO EXCAVATIONS;
(3) THE EXISTENCE 'OF ANY CONDITION OR THE DOING OF ANY ACT
CONSTITUTING OR CREATING A NUISANCE OR ENDANGERING
THE LIVES OR PROPERTY OF OTHERS,
WRITTEN NOTICE OF THE TIME AND PLACE OF SUCH HEARING SHALL BE SERVED UPON
THE PERSON TO WHOM THE PERMIT WAS GRANTED AT LEAST THREE (3) DAYS PRIOR TO
THE DATE SET FOR SUCH HEARING. SUCH NOTICE SHALL ALSO CONTAIN A BRIEF
STATEMENT OF THE GROUNDS TO BE RELIED UPON FOR REVOKING SUCH EXCAVATION
PERMIT. NOTICE OF THE HEARING MAY BE GIVEN BY PERSONAL DELIVERY THEREOF
TO THE PERSON TO BE NOTIFIED OR BY DEPOSIT IN THE UNITED STATES MAIL IN A
SEALED ENVELOPE WITH POSTAGE PREPAID, ADDRESSED TO SUCH PERSON TO BE NOTI-
FIED AT THE ADDRESS APPEARING IN HIS APPLICATION. IN THE EVENT ANY APPEAL
IS TAKEN FROM THE DECISION OF THE ZONING AND PLANNING COMMISSION, IN THE
MANNER PRESCRIBED BY THIS ORDINANCE, ALL WORK SHALL BE STOPPED AT THE EX-
CAVATION WHILE THE APPEAL IS PENDING.
-9-
SECTION 15, APPEAL FROM REVOCATION OF EXCAVATION PERMIT. ANY
PERSON WHO HAS BEEN ISSUED AN EXCAVATION PERMIT WHO IS AGGRIEVED BY ITS
REVOCATION BY THE ZONING AND PLANNING COMMISSION OF THE CITY, MAY APPEAL
TO THE CITY COUNCIL BY FILING WITH THE CITY SECRETARY A WRITTEN NOTICE
THEREOF WITHIN FIVE (5) DAYS FROM THE DATE OF THE REVOCATION OF THE EX-
CAVATION PERMIT, THE AGGRIEVED PERSON SHALL BE GIVEN A HEARING BEFORE
THE CITY COUNCIL, IN DUE ORDER OF BUSINESS, AFTER WHICH THE CITY COUNCIL
MAY BY MAJORITY VOTE SUSTAIN, OR BY TWO - THIRDS VOTE OF ITS QUORUM PRESENT,
MODIFY OR OVERRULE THE ZONING AND PLANNING COMMISSION'S DECISION,
SECTION 16, TRANSFER, SALE OR ASSIGNMENT OF PERMITS. No Ex-
CAVATION PERMIT ISSUED UNDER THE TERMS OF THUS ORDINANCE TO ANY PERSON
SHALL EVER BE TRANSFERRED, SOLD, ASSIGNED OR OTHERWISE DISPOSED OF IN ANY
MANNER TO ANY OTHER PERSON WITHOUT THE WRITTEN CONSENT OF THE CITY COUNCIL,
SECTION 17, PROHIBITED EXCAVATION LOCATIONS. No EvccAVATION
PERMIT SHALL BE ISSUED FOR THE COMMENCING OF AN EXCAVATION WHICH 15 LO-
CATED NEARER THAN ONE HUNDRED FIFTY (150) FEET OF ANY RESIDENCE, BUILDING
OR STRUCTURE WITHOUT THE APPLICANT HAVING FIRST SECURED WRITTEN PERMISSION
OF THE OWNER OR OWNERS THEREOF, NO EXCAVATION PERMIT SHALL BE ISSUED FOR
THE COMMENCING OF AN EXCAVATION WHICH IS LOCATED NEARER THAN THREE HUNDRED
FIFTY (350) FEET TO ANY EXTERIOR PROPERTY LINE BOUNDARY OF LANDS UTILIZED FOR
• PUBLIC OR PAROCHIAL SCHOOL, A COLLEGE, A UNIVERSITY, A HOSPITAL, A CHURCH,
• PUBLIC BUILDING, A CEMETERY OR WITHIN AN AREA WHERE THERE IS OF PUBLIC
RECORD RESTRICTIONS OR COVENANTS PROHIBITING EXCAVATIONS,
THE CITY COUNCIL OF THE C[TlI OF CORPUS CHRISTI, THROUGH THE
ZONING AND PLANNING COMMISSION OF THE CITY, SHALL HAVE THE POWER, AND RE-
SERVES THE AUTHORITY, TO REFUSE ANY APPLICATION FOR AN EXCAVATION PERMIT AT
ANY PARTICULAR LOCATION WITHIN THE CITY LIMITS OF THE OF THE CITY OF CORPUS
CHRISTI, TEXAS, BY REASON OF SUCH PARTICULAR LOCATION AND THE CHARACTER AND
VALUE OF THE PERMANENT IMPROVEMENTS ALREADY ERECTED ON OR APPROXIMATELY
ADJACENT TO THE PARTICULAR LOCATION IN QUESTION, AND THE USE TO WHICH THE_
LAND AND SURROUNDINGS ARE ADOPTED FOR...
-10-
SCHOOL, COLLEGE, UNIV'E*SITY, HOSPITAL, PARK, CIVIC PURPOSES, OR FOR HEALTH
AND SAFETY REASONS, OR ANY OF THEM, WHEN IN THE ZONING AND PLANNING Commis-
... SIGNS° OPINION THE EXCAVATING OR OPERATION 'O;F ." F,iCAVATION ON SUCH PARTI-
CULAR LD CATION MIGHT CONSTITUTE A NUISAIFCCI' BE INJUR 10 U5 TO PUBLIC HEALTH,
A PUBLIC HAZARD OR A DISADVANTAGE TO THE CITY IN ITS PLANNED GROWTH, OR
TO ITS INHABITANTS AS A WHOLE, OR TO A SUBSTANTIAL NUMBER OF ITS INHABI-
TANTS OR VISITORS AS A GROUP,
SECTION is. EXCLUSIONS- NOTHING IN THIS ORDINANCE SHALL BE CON-
STRUED TO EFFECT OR APPLY TO ANY PERSON ENGAGED IN NORMAL AGRICULTURAL, IN-
DUSTRIAL, HORTICULTURAL AND RESIDENTIAL ENJOYMENT AND USE OF PROPERTY, THE
PROVISIONS OF THIS ORDINANCE SHALL NOT APPLY TO.NOR EFFECT A PERSON IN EX-
CAVATING TO INSTALL, CONSTRUCT OR COMPLETE A STRUCTURE, BUILDING OR FACILITY
OF AMY KIND WHEN THE PLANS AND SPECIFICATIONS FOR SUCH OBJECTIVE HAVE BEEN _
SUIFIITTED AND APPROVED BY THE DEPARTMENT OF PUBLIC WORKS OR ZONING AND PLANN-
ING COMMISS20H OF THE CITY OR FOR WHICH A PERMIT HAS BEEN ISSUED BY THE IN-
SPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS
CHRISTI, TEXAS, PROVIDED THAT THE PROGRESS ON SAID FACILITY OR PROJECT IS
NOT DELAYED FOR A PERIOD OF MORE THAN TWO WEEKS EXCEPTING DELAYS ATTRIBUTA-
BLE TO ACTS OF NATURE AND FURTHER PROVIDING THAT SUCH EXCAVATION OR EXCAVATIONS
CREATED ARE NOT OF A PERMANENT NATURE AND WILL•,*OT BE LEFT OPEN AND UNCOVERED
ON THE COMPLETION OF SAID PROJECT WITHOUT AUTHORIZATION OF SUCH PERMIT, THE
PROVISIONS OF THIS ORDINANCE SHALL NOT APPLY TO NOR AFFECT THE EXCAVATION
OPERATIONS OF PRIVATE UTILITY CONCERNS CONSTRUCTING FAC: LITIES BY VIRTUE OF
A FRANCHISE OR A SPECIAL PERMIT ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS,
PROVIDED THAT THE PROGRESS ON SAID PRIVATE UTILITY PROJECT OR FACILITY 15
NOT DELAYED FOR A PERIOD OF MORE THAN TWO WEEKS, EXCEPTING DELAYS ATTRIBU-
TABLE TO ACTS OF NATURE, AND FURTHER PROVIDING THAT SUCH EXCAVATION OR EX-
CAVATIONS CREATED ARE NOT OF A PERMANENT NATURE AND WILL NOT BE LEFT OPEN
AND UNCOVERED ON THE COMPLETION OF THE FACILITY OR PROJECT, THIS ORDINANCE
SHALL NOT APPLY NOR EFFECT THE OPERATION5 OF THE UNITED STATES OF AMERICA,
THE STATE OF TEXAS NOR ANY POLITICAL SUBDIVISION OF EITHER THEREOF,
SECTION 19, NON- REPEAL OF CERTAIN ORDINANCES- THIS ORDINANCE
SHALL NOT BE CONSTRUED AS REPEALING, ALTERING OR OTHERWISE AFFECTING THE
=11-
VALIDITY AND BINDING FORCE OF ANY ORDINANCE PERTAINING TO FIRE PREVEN-
TION, HEALTH, SANITATION, NUISANCE, OR SAFETY OF PERSONS OR PROPERTY HERE-
TOFORE ENACTED AND NOW IN EFFECT BY THE CITY OF CORPUS CHRISTI. TEXAS,
SECTION 20, SEVERABILITY, IF FOR ANY REASON ANY SECTION,
PARAGRAPH, SUBDIVISION, CLAUSE, PHASE OR PROVISION OF THIS ORDINANCE SHALL
HE 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 21. AMENDMENT-. THIS ORDINANCE MAY BE CHANGED, ALTERED,
MODIFIED OR REPEALED, IN WHOLE OR IN PART AT ANY TIME BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI, TEXAS,
SECTION 22. REPEAL OF CONFLICTING ORDINANCES, ALL ORDINANCES
AND PARTS OF ORDINANCES EXCEPT THOSE AS PROVIDED IN SECTION 19 ABOVE IN
CONFLICT WITH ANY OF THE PROVISIONS OF THIS ORDINANCE ARE HEREBY EXPRESSLY
REPEALED,
SECTION 23. PENALTY. IT SHALL BE UNLAWFUL AND AN OFFENSE FOR
ANY PERSON TO VIOLATE OR NEGLECT TO COMPLY WITH ANY PROVISION HEREOF IR-
RESPECTIVE OF WHETHER OR NOT THE VERBAGE OF EACH SECTION HEREOF CONTAINS
THE SPECIFIC LANGUAGE THAT SUCH VIOLATION OR NEGLECT IS UNLAWFUL AND IS AN
OFFCMSE. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDIN-
ANCE, OR ANY OF THE PROVISIONS OF THE EXCAVATION PERMIT ISSUED PURSUANT
HERETO, SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL ON CONVICTION
THEREOF, BE FINED IN ANY SUM NOT LESS THAN $5,00 NOR MORE THAN $200.00 AND
THE VIOLATION OF EACH SEPARATE PROVISION OF THIS ORDINANCE, AND OF SAID
EXCAVATION PERMIT, SHALL BE CONSIDERED A SEPARATE OFFENSE, AND EACH DAYS
VIOLATION ON EACH SEPARATE PROVISION THEREOF SHALL BE CONSIDERED A SEPARATE
OFFENSE, IN CASE A CORPORATION IS THE OPERATOR OR MAINTAINER OF ANY EXCA-
VATION IN VIOLATION OF ANY PROVISION OF THI5 ORDINANCE, THE PRESIDENT,
VOCE PRESIDENT, SECRETARY. TREASURER, MANAGER AND/OR AGENT OR EMPLOYEE IN
CHARGE OF OR OPERATING THE EXCAVATION SHALL BE SEVERALLY LIABLE FOR THE
PENALTIES HEREIN PRESCRIBED. -
=12-
SECTION 24, PUBLICATION- THIS ORDINANCE SHALL TAKE EFFECT
FROM AND AFTER ITS PUBLICATION ONE TOME IN THE OFFICIAL PUBLICATION OF
THE CITY OF CORPUS CHRISTIu WHICH PUBLICATION SHALL CONTAIN THE CAPTION
STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE AND PENALTY FOR VIOLATION
THEREOF,
THAT THE FOREGOING ORDINANCE WAS READ FORja FIRST TIME AND PASSED
TO ITS SECOND READING ON TH QQQQ
IS THE DAY OF / , 1955, BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINA/NCCE,. WAS READ FO T E 1S ECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE DAY � J � 1955, BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANC S READ FOR THE IRD TIME AND PASSED
FINALLY ON THIS THE / DAY OF , 1955 BY THE FOLLOWING VOTE:
"""""'F��A""RRRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
PASSED AND APPROVED, THIS THE / y- DAY OF 1955•
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTES
CITY 5rCftqTA R
APPP,QVED AS TO LEGAL FORM:
CITY ATTORNEY
441