Ord. 0519-01 11-25-02ORDINANCE NO. 519-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM
TIME TO TIME, AMENDED, TO CLARIFY THE PROCEDURE FOR THE
ABATEMENT OF UNSAFE BUILDINGS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION AND CODIFICATION; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ABATE UNSAFE BUILDINGS
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Subsection (I) of Section 7-61.1, Same Amendments,
modifications, additions, deletions, of Chapter 7, Building, of the City of Pearland Code of
Ordinances, is hereby amended to read as follows:
"(I) 504.2 Chapter 5, Section 504, Subsection 504.2 of the Standard Unsafe Building
Abatement Code, 1985 edition, with revisions, is hereby expressly amended to read
as follows:
504.2 Decision by Board.
504.2.1 The final decision of the board shall be in writing and shall contain all
findings of fact and detailed requirements to be complied with. A copy of the
decision shall be delivered to the appellant either personally or by certified mail,
postage prepaid, return receipt requested.
504.2.2 The effective date of the board's final decision shall be as stated therein."
Section 2. Declaration of Emergency. The Council finds and determines that the
need to clarify the procedure for the abatement of unsafe buildings 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
ORDINANCE NO. 519-1
requiring this Ordinance to be read on two (2) separate occasions be, and the same is
hereby waived.
Section 3. Repealer. All previously adopted unsafe building abatement
procedures in conflict herewith shall be and are hereby repealed but only to the extent of
such conflict.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit
of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 7. Publication. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance.
Section 8. Effective Date. This Ordinance shall become effective immediately
upon passage.
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PASSED and APPROVED ON FIRST AND ONLY READING this the 25t" day of
November , A. D., 2002.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
NOVEMBER 25, 2002
Voting "Aye" - Councilmembers Tetens, Viktorin,
Owens, and Marcott.
Voting "No" - None.
Motion passes 4 to 0, with Councilmember Seeger absent.
PUBLICATION DATE:
EFFECTIVE DATE:
November 27, 2002
December 6, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS