HomeMy WebLinkAbout11931 ORD - 02/27/1974M:hb:2 /26 /74:1st •
AN ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI BUILDING CODE,
1969 EDITION, 1971 REVISION, AS AMENDED, BY ADDING
TO CHAPTER XIII THEREOF A NEW SECTION 1305 - EX-
POSED, GRADED, UNCOVERED LANDS; DEFINING TERMS;
SPECIFYING SCOPE; PROVIDING EXCEPTION; DECLARING
ITIND -BLOWN SOILS AND DEPOSITS TO BE A PUBLIC
NUISANCE; PROVIDING DEFENSE THAT SUCH LANDS BE
WATERED PERIODICALLY; SETTING TIME LIMITS; PRE-
SCRIBING TEST AND ENFORCEMENT STANDARDS; PROVIDING
FOR BUILDING INSPECTOR ENFORCEMENT; PRESCRIBING
CIVIL AND CRIMINAL REMEDIES; PROVIDING SEVERABILITY;
AND DECLARING AN EMERGENCY.
WHEREAS, exposed, graded and uncovered lands within the cor-
porate limits of the City of Corpus Christi, owing to its location on a
coastal prairie, and those lands within 5,000 feet of its said corporate
limits, are particularly susceptible to denudation through wind - blowing of
soils to the detriment of the environment, the extreme annoyance and dis-
comfort of the inhabitants within the City and within the 5,000 -foot
zone adjacent thereto, and to the peril of traffic and,
WHEREAS, each condition constitutes a hazard to the respiratory
health of the people; and,
WHEREAS, however, such lands in actual, present cultivation for
agricultural purposes do not pose a problem of like kind to the City and,
in prevailing, good soil management practice do not foreseeably constitute
such detriment, problem, peril, and hazard, and,
WHEREAS, the City Council hereby finds that the hereinafter
prescribed definitions, standards, terms, tests, and procedures are well-
founded, and imperatively called for by the public safety, health, comfort,
convenience, and necessity, and will materially alleviate the cited detri-
ment, problem, peril, and hazard now frequently occurring;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. Unless particularly defined in this section all
words and terms used in this ordinance are to be understood in their
ordinary signification in the context employed.
"Aeolian soil" means one that is capable of being trans-
ported out of place on the tract or parcel of land where it occurs by a
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sustained fresh wind, or a wind of lesser velocity, in a duration of not
less than five (5) seconds and by one or more of such durations within any
total period of two (2) hours outside of the bounding property lines within
which it was situated prior to any such transportation. An "aeolian soil"
is also any fine gravel, coarse sand, medium sand, fine sand, or very fine
sand falling within the soil separate diameter limit ranges taken from the
United States Department of Agriculture as follows:
Fine gravel or very coarse sand....... 2 to 1 mm.
Coarse sand ........................... 1 to 0.5 mm.
Medium sand 0.5 to 0.25 mm.
Fine sand ............................. 0.25 to 0.10 mm.
Very fine sand ....................... 0.10 to 0.05 mm.
Silt .. ............................... 0.05 to 0.002 mm.
Clay .. ............................... 0.002 to 0.001 mm.
Colloidal clay ....................... Below 0.001 mm.
For purposes of this ordinance a soil shall be deemed prima facie properly
classified as subject hereof if the same is positively tested in conformity
with the following described mechanical analysis or a demonstrably more
refined and accurate variant thereof:
Place exactly 100 grams of soil into a pint bottle.
Add 10 cc of a saturated solution of Wa2Co3 and fill the bottle
three - fourths full with tap water.
Stopper the bottle and shake it for five minutes in order to
bring the soil into suspension.
Wash the sand sticking to the sides down into the bottle and
allow the solution to stand for about two minutes.
Theoretically, only silt and clay are now in suspension. Care-
fully pour off the suspended silt and clay, being careful to lose none of
the sand.
Refill the bottle with water, shake vigorously a few times, wash
down the material sticking to the sides of the bottle, and again allow it
to stand until all of the sand has settled. Decant the silt and clay as
before, repeating this process until the supernatant liquid is clear when
the sand has settled.
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Slash the sand carefully into a large evaporating dish and
allow to settle again, then pour off as much of the water as possible.
Place the dish on a ring stand and heat gently with a Bunsen
burner until the sand is dry.
After allowing the sand to cool, separate it into the various
separates by use of sieves arranged in the following order 20 mesh, 40
mesh, 60 mesh, and 80 mesh.
The material on top of the 20 mesh sieve is fine gravel; that
on top of the 40 mesh is coarse sand; that on top of the 60 mesh sieve is
medium sand; that on top of the 80 mesh sieve is fine sand; the material
passing the 80 mesh sieve is very fine sand.
"Exposed Land" means topsoil plowed, turned, graded, or
uncovered, other than land presently and actually in cultivation for
agriculture, so that its natural or artificial cover, if any, has been
substantially removed or plowed under, rendering such land subject to
aeoliaa deposit in measurable quantities on abutting land or lands. A
plot of such land containing an area of less than ten (10) square feet
and situated, at its nearest edge, more than sixty (60) feet from the
nearest property line enclosing such plot shall not be subject to the terms
of this ordinance and shall be deemed not within its scope.
"Fresh Wind" means a wind ranging in velocity from 19 -24 mph
on the 0 -12 Beaufort Scale as modified by the United States Weather
Bureau and shall be deemed to be prima facie evidenced by the Inspector's
reported observation of swaying motion of small trees in leaf or of crested
wavelets forming on inland waters where such obversations of such features
occur within the subject tract or parcel or within a radius of 300 feet
of a property line of the subject tract or parcel. Alternatively, a portable
anenometer reading shall constitute such evidence.
"Inspector" means a Building Inspector in the City Department
of Maintenance and Operations.
"Sands "; "Sandy Loams ". For purposes of further definition
hereunder of soil textural classification the following rules from the
modified Davis - Bennet Triangle shall apply:
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"Sand" or "Sands" contain 80% or more of sand.
"Sandy loams" contain more than 50% but less than 80%
sand and have less than 20% clay.
"Watered" means the sprinkling of water on the exposed land
so that the subject land is completely covered thereby to an average
three (3) -inch penetration in depth below the topsoil surface as evidenced
by five (5) equally distanced 6" borings and whereby such core samples each
contain a ratio of not less than 3 parts water to 10 parts of soil.
SECTION 2. Scope. This ordinance includes within its scope
all lands, except lands presently and actually under cultivation for
agricultural purposes, within the corporate limits of the City as the same
may from time to time now and hereafter exist and within five thousand
feet of such corporate limits, and further except for those plots defined
in "Exposed Land ".
SECTION 3. Nuisance. It is hereby found and declared that
the existence or maintenance of exposed land subject to the scope hereof
and containing aeolian soil or sandy loam therein, subject to transportation
as stated in the definition herein of "aeolian soil ", unless watered as
herein defined and provided, constitutes a public nuisance and, as such,
shall be subject to abatement by application by the City or its Inspector
or Inspectors for equitable relief in the appropriate court of jurisdiction
and, without limitation, or as an alternate remedy, to criminal process as
hereinafter provided, all as additionally provided by the laws of the State
of Texas.
SECTION 4. Offense Defined. Any person, as owner or as
custodian, who causes or permits to exist or be maintained exposed land
subject to the scope hereof and containing aeolian soil or sandy loam
therein, subject to transportation as stated in the definition herein of
"aeolian soil", unless watered as herein defined and provided, shall be
deemed guilty of a misdemeanor. Every day such person causes or permits
the existence of such proscribed conditions to exist or be maintained
on such exposed land tract or parcel shall constitute such act of caused or
permitted existence or maintenance a separate offense. For every separate
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offense hereunder such person shall, if convicted, be assessed a fine of
not less than seventy -five dollars and not more than two hundred dollars.
Where the estate in such tract or parcel has been severed the person
herein named refers to the owner or custodian of the surface estate or
the grantee of an easement therein who, jointly or severally, causes or
permits such proscribed conditions.
SECTION 5. Defense. It shall be a defense to any prosecution
or action for abatement under this ordinance that the subject tract or
parcel was naturally or artificially "watered ", as that term is defined
herein, within not more than twenty -four (24) consecutive hours immediately
preceding the time of the alleged offense.
SECTION 6. Enforcement.
A. Every Building Inspector is hereby empowered to go upon any
tract or parcel subject hereof, irrespective of ownership or custody, for
the purpose of enforcing this ordinance, and for the purpose of removing
one (1) 100 -gram soil sample, more or less, not more often than once in
a twenty -four (24) -hour period as to such tract or parcel, and may remove,
take, and test such sample as herein provided, and may retain custody of
such sample until final disposition of any civil or criminal action filed in
relation thereto or for one (1) year, whichever first occurs, without
charge, damage, debt, or liability therefor against such Inspector, his
supervisors, or the City of Corpus Christi or its officers. After such
first occurrence the sample shall be returned to the owner or custodian
of such land upon demand.
B. By this same police power license such Inspector may enter
and measure, without charge, damage, debt, or liability therefor, the
perimeter dimensions of any exposed land in a subject tract or parcel.
C. By the same police power license such Inspector may enter,
make, and take the watered -test borings described in the definition of
"watered" herein.
D. Cumulative of all other provisions of this ordinance,
wherever there is observed by an Inspector, corroborated by one witness,
an accumulating deposit of aeolian or wind- driven soil on the private land
of one person, or upon any public street, :ay, or place, such deposit
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occupying thereon an area of six (6) square feet or more, proceeding
presently from the exposed land of another person, having ownership
therein or custody thereof and such condition substantially persists for
fifteen (15) seconds, the offense and condition herein denounced and
declared shall be deemed, prima facie, complete and actionable.
SECTION 7. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held in-
valid or unconstitutional by final judgment of a court of competent
jurisdiction it shall not affect any other section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision,
clause, phrase, word, or provision hereof be given full force and effect
for its purpose.
SECTION 8. The necessity to amend the Corpus Christi Building
Code as hereinabove set forth in order to protect the health, safety and
welfare of the inhabitants of the City creates a public emergency and
an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date of
its introduction but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared such emer-
gency and necessity to exist, and having requested the suspension of the Charter
rule and that this ordinance be passed finally on the date of its introduction
and take effect and be in full force and effect from and after its passage
and publication, IT IS ACCORDINGLY SO ORDAINED, this the.= day of
1974.
WYOR
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
��y o 19—zx
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
P�-j
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby f
James T. Acuff / o /
Rev. Harold T. Branch /
Thomas V. Gonzales ✓/
Ricardo Gonzalez ✓�
Gabe Lozano, Sr. /
J. Howard Stark /r
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev, Harold T. Branch
Thomas V. Gonzales 1
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark AE
PUBLISHER'S AFFIDAVIT
- STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came ....... . .......... -..
..... ......... — who being first duly sworn, according to law, says that he is the
. ... . ........ . ................ of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
of which the annexed is a true copy, was published in . ...... . ..
on the-..-'.t..h.. day of ...... LLaml! 19-71, aff&M&KAM ...............
coasq&a . . . .............. .
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Subscribed and sworn to before me this ILI th. d f
�ar C, u
Louise Vick Notary Pali N ec;TCounty, Texts
E OF PASSAGE OF
I NANC,:40 11931
THE CITY OF CORPUS
I UIL0ING CODE, 1469
19/1 REVISION, AS