Ord. 1546-1 2018-02-12 ORDINANCE NO. 1546-1
An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1546 and extending (until February 1, 2019)
the provision therein that temporarily suspends all regulations
relating to the placement of trailers and recreational vehicles and
adopting temporary regulations including but not limited to
conditional permits, placement, maintenance, utilities, removal,
sanitation, and other related health and safety matters for trailers and
recreational vehicles located on residential and commercial
properties in response to widespread damage caused by Hurricane
Harvey; making various findings and provisions related to the
subject; and declaring an emergency.
WHEREAS, on the 24th day of August, 2017 the Mayor of the City of Pearland,
pursuant to Government Code Chapter 418 (the Texas Disaster Act of 1975), declared a
Local State of Disaster pending the imminent threat of widespread or severe damage,
injury, and loss of life and property, resulting from the approaching storm "Hurricane
Harvey, and
WHEREAS, the President of the United States, the Governor of the State of
Texas, and the County of Brazoria, Texas declared a Declaration of Disaster in response
to the occurrence of widespread and severe damage resulting from Hurricane Harvey in
the City of Pearland, Texas; and,
WHEREAS, due to widespread residential property damage necessitating repairs
and rehabilitation and the unavailability of housing and rental properties including hotels,
the City has an urgent need to provide temporary housing for residents; and,
WHEREAS, the City Council finds that it is in the public interest to protect public
health, safety, property, and the general welfare of the public to temporarily suspend all
regulations relating to the placement of trailers and recreational vehicles and adopting
temporary regulations including but not limited to conditional permits, placement,
maintenance, utilities, removal, sanitation, and other related health and safety matters for
trailers and recreational vehicles located on residential and commercial properties in
response to widespread damage caused by Hurricane Harvey; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
ORDINANCE NO. 1546-1
SECTION 1. The findings and recitations set out in the preamble to this
Ordinance are found to be true and correct and they are hereby adopted by the City
Council and made a part hereof for all purposes.
SECTION 2. The City Council finds that it is in the public interest to protect
public health, safety, property, and the general welfare of the public to temporarily
suspend all regulations relating to the placement of trailers and recreational vehicles and
adopting temporary regulations including but not limited to conditional permits, placement,
maintenance, utilities, removal, sanitation, and other related health and safety matters for
trailers and recreational vehicles located on residential properties in response to
widespread damage caused by Hurricane Harvey. The purpose and intent of the
temporary suspension of current regulations is to allow the conditional placement and use
of privately owned trailers and recreational vehicles and FEMA alternative housing units at
damaged residential locations during construction subject to the limitations provided in
Section 3 below. This temporary suspension does NOT allow the placement of mobile
homes or manufactured housing as defined in Section 1201.003 of the Texas Occupations
Code.
SECTION 3. The City Council hereby adopts the following temporary rules and
regulations:
Hurricane Harvey
Temporary Trailer/Recreational Vehicle Placement
Definitions:
Camper-A portable dwelling designed to be used for casual travel being whether a self-
propelled unit, or not, or an independent or dependent unit, including, but not limited to,
truck campers, bus campers, and self-propelled travel homes.
FEMA Alternative Housing Unit — A Manufactured Housing Unit, Travel Trailer, or other
non-motorized Recreational Vehicle provided as temporary housing assistance under a
FEMA administrated program in response to a declaration of emergency and subject to
FEMA's rules and regulations.
Recreational Vehicle-A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which is self-propelled or is affixed to or
drawn by another vehicle.
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ORDINANCE NO. 1546-1
Trailer/Travel Trailer-A portable vehicular structure built on a chassis, which may or may
not be self-propelled, being either a dependent or independent unit, designed for casual
travel and/or temporary living, including recreational vehicles.
Residential:
In order to place a temporary trailer/recreational vehicle at your residential location, the
following requirements apply:
• Trailers/Recreational Vehicles must be located on the drive way of the property
where the damaged residential building is located, not in the city right-of-way
(including sidewalk areas, streets or alleys.)
• The Trailer/Recreational Vehicle may only be occupied by the property owner of
the subject residential building. No subletting of the Trailer/Recreational Vehicle
will be permitted.
• Trailers/Recreational Vehicles shall meet the zoning setbacks for the district
upon which it is located, where practicable.
• No additional structures or accessory structures may be added to the
Trailer/Recreational Vehicle with the exception of ADA-compliant ramps.
• The Trailer/Recreational Vehicle must be removed from the property upon
issuance of a Certificate of Occupancy for the repaired building or by February 1,
2019, whichever comes first.
All such vehicles such as trailers, mobile homes, recreational vehicles, etc. shall be
considered temporary in nature. A permit by the City of Pearland must be issued in
advance of placement, and may be subject to additional site conditions. Utility
connections will require separate permits and approval.
SECTION 4. The City Council herby authorizes the Director of Community
Development to make special exceptions for site specific placement of trailers and
recreational vehicles, provided appropriate conditions and safeguards are implemented
to insure compliance with the general purposes and intent of this Ordinance.
SECTION 5. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable
and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared invalid by the final judgment or decree of any court of competent jurisdiction,
such invalidity shall not affect any of the remaining phrases, clause, sentences,
paragraphs and sections of this Ordinance.
SECTION 6. All Ordinances or parts thereof in conflict herewith are repealed to
the extent of such conflict only.
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ORDINANCE NO. 1546-1
SECTION 7. The Council finds and determines that the temporary
regulation of the placement of trailers and recreational vehicles inures to the
benefit of the public and, therefore, bears directly upon the health, safety and
welfare of the citizenry; and that this ordinance shall be adopted as an
emergency measure, and that the rule requiring this ordinance to be read on two
(2) separate occasions be, and the same is hereby waived
SECTION 8. This Ordinance shall be and become effective from and after its
adoption and publication in accordance with the provisions of the Charter of the City of
Pearland.
PASSED AND APPROVED ON THIS FIRST AND ONLY READING on the 12th day of
February, A.D., 2018.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
LAWRENCE G. PROVINS
DEPUTY CITY ATTORNEY
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