HomeMy WebLinkAbout027669 ORD - 04/22/2008AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 49 "STREETS
AND SIDEWALKS," ARTICLE 1 "IN GENERAL," DIVISION 1
"GENERALLY," SECTION 49-10 "DUTY OF ABUTTING OWNERS,
ETC., TO KEEP SIDEWALKS CLEAN" BY REVISING THE LANGUAGE
TO INCLUDE THE CURB AND GUTTER PORTIONS AND ADD DEBRIS
RESULTING FROM LEAVES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION.
.
WHEREAS, during the course of real property development, the City obtains rights-of-
way for portions of land dedicated to the use of the public;
WHEREAS, the City merely holds a right to use the surface for limited public purposes,
such as roadways and sidewalks, and the abutting property owner generally retains the
fee simple property interest in the underlying real property;
WHEREAS, the common law recognizes the obligation of property owners to keep their
properties, including the right-of-way portions such as sidewalks, curbs, and gutters, in
a clean condition;
WHEREAS, many property owners do not maintain clean sidewalks, curbs, andg uttrs;
WHEREAS, rights-of-way that are not maintained decrease drainage function by
impairing the movement of runoff waters, resulting in unnecessary pooling and flooding;
WHEREAS, rights-of-way that are not maintained impair mobility for those citizens and
visitors that use mobility assistance devices;
WHEREAS, rights-of-way that are not maintained detract from property values of
adjacent properties in a neighborhood as well as detract from a positive impression held
by citizens and visitors in the overall community; and
WHEREAS, the City Council has determined that this amendment will best serve the
public health, safety, and welfare of the City of Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL GF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Code of Ordinances, Chapter 49 "Streets and Sidewalks," Article 1 `{In
General," Division I "Generally," Section 49-10 "Duty of abutting owners, etc., to keep
sidewalks clean" by revising the language to include the curb and gutter portions and to
add the word "leaves" to read as follows:
"Sec. 49-10. Duty of abutting owners, etc., to keep sidewalks curbs and utters
clean.
Eliord221.doc
O276EiS
"It shall be unlawful for the owner, lessee or tenant of any premises abutting on
any sidewalk, curb, or gutter in the city to permit such sidewalkL urb, or utter to
become covered with sand, leaves or dirt or to become unclean, or to permit
grass or weeds to grow on or extend over such sidewalk, curb, or gutter, and any
owner, lessee or tenant of any premises abutting on any such sidewalk curb or
gutter in the city who shall fail or refuse to ee p the same clean and free from
sand, leaves or dirt, grass or weeds or who shall permit such sidewalk curb or
gutter to become covered with dirt, sand or leaves or to become unclean, or
shall permit weeds or grass to grow on or extend over the sidewalk curb or
gutter shall be deemed guilty of a misdemeanor. r■ "
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid 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 3. A violation of this ordinance constitutes an offense, punishable as
provided in Sections 1-6 and 1-6.1 of the City's Code of Ordinances.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
EHord2 1.do
That the foregoing ordin no was read for the first time and passed to its second
reading on this the I day of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
elI
Bill Kelly
2008, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordina a was read for he second time and passed to its final
reading on this the day of s
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Humm ll
Bill Kelly
nt"
200 8, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez lagio
Michael McCutchon
PASSED AND APPROVED this the � "(clay of
ATTEST:
igl'h')-°6C627-er"-----
Armando Chapa
City Secretary
APPROVED as to form: March 27, 2008
Eli ab- R. Hundley
Assis : nt City Attorney
for the City Attorney
E-Hord22l. oc
2008.
Hry Garre
Mayor
02'7669
EFFECTIVE DATE
.0?5140,.86i
Ov210
PUBLISHER'S AFFIDAVIT
al gti3 e
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5852444
PO #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleber , Live Oak,
Nueces, Refugia o, San Patricia Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDI NANCE NO. 02764hich the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
4j28/20Q8, 4/28 2008.
111.30
iTime(s)
On this4904\day of 21.0 I certify that the attached document
is a true and an exact copy made by publisher.
Rxii4�rtt�
GWENN J EDTA
COMMISSION EXPIRES
August 2, 2008
Public, State of Texas
April 28, 2008
-- - NOTICE OF
PASSAGE OF ORDI-
NANCE
R I-
NAf E NO. 027669
Amending the Code of
Ordinances, Chapter
49 "Streets and Side-
walks," Article l "In
General," Division l
"Generally," Section
49-10 "Duty of abutting
owners, etc., to keep
sidewalks clean" b
revising the -tan uage
to include the curb and
gutter portions andi
add debris resulting
from leaves; providing
for penalties; and pro-
viding for publication.. 1
This ordinance was.
passed and . approved
on its second reading
by the City . Council of
the ,.City of Corpus
Christi on .April' 22,
2008. •
• 1s/ Armand Chapa
City Secretary
City .of Corpus Christi