Ord. 0633-1 10-28-02ORDINANCE NO. 633-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 13, HEALTH AND SANITATION, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO REGULATE THE MAINTENANCE OF SWIMMING POOLS
AND TO TIGHTEN THE RESTRICTIONS ON WEEDS; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION AND CODIFICATION; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE HEALTH AND SANITATION 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 Section 13-16, Definitions, of Chapter 13, Health and Sanitation, of the
City of Pearland Code of Ordinances, is hereby amended to read as follows:
"Sec. 13-16. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Rubbish means nondecayable waste from a public or private establishment or residence.
Swimming pool means any structure, basin, chamber or tank containing a body of water
utilized for private or public swimming, diving, bathing or the immersion or partial immersion therein
of human beings, and having a depth of two (2) feet or more at any point, and located on premises
outside of a residence, building or other structure. This definition shall also include hot tubs,
whirlpools, and spas that are located outside of a residence, building or other structure and meeting
the above water depth criteria.
Weeds means all rank and uncultivated vegetable growth or matter that may create an
unsanitary condition, or become a harborage for rodents, vermin, or other disease -carrying pests,
regardless of the height of the weeds."
Section 2. That Section 13-17, Weeds or other vegetation, of Chapter 13, Health and
Sanitation, of the City of Pearland Code of Ordinances, is hereby amended to read as follows:
"Sec. 13-17. Unsanitary or hazardous conditions unlawful.
(a) Weeds.
(1) A person, owner, tenant, agent or person responsible for any premises, occupied or
unoccupied, commits an offense if said person permits or allows weeds to grow on
the premises to a greater height than twelve (12) inches. Said premises shall
include, but not be limited to, the parkway between sidewalk and the curb; the right-
ORDINANCE NO. 633-1
of -way between any fence, wall or barrier and the curb or pavement if such exists or
the center line of said right-of-way; or the area between a fence, wall or barrier and
within any abutting drainage channel easement to the top of such channel closest to
the property.
(2) It shall be a defense to subsection (a)(1) that such vegetation upon such property is
actually being used for agricultural purposes.
(3)
With respect to uncultivated agricultural properties or tracts of land that contain no
structures used or designed for human occupancy for residential or commercial
purposes, a person, owner, tenant, agent or person responsible for such property
commits an offense if said person permits or allows weeds to grow to greater height
than twenty-four (24) inches within fifty (50) feet from any adjacent property under
different ownership or any street right-of-way. However, on cultivated agricultural
properties where the distance between the growing crop and abutting property under
different ownership or street right-of-way is less than fifty (50) feet, the person,
owner, tenant, agent or person responsible for such property commits an offense if
said person permits or allows weeds to grow to a greater height than twelve (12)
inches
(b) Offensive vegetation. It shall be unlawful for any owner, tenant, lessee, agent, or occupant of
any premises to permit any vegetation to grow, regardless of height, upon such premises
owned, leased, occupied, or controlled by such person, so that such vegetation becomes
offensive or emits foul or noxious odors, or becomes a breeding place for flies or insects, or
becomes in any way injurious to the public health.
(c) Swimming pools. A person, owner, tenant, agent or person responsible for any premises,
occupied or unoccupied, commits an offense if said person maintains a swimming pool in a
manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents,
vermin, or disease -carrying pests."
Section 3. That Section 13-21, Same —Filing of statement of expenses incurred, of
Chapter 13, Health and Sanitation, of the City of Pearland Code of Ordinances, is hereby amended
to read as follows:
"Sec. 13-21. Same —Filing of statement of expenses incurred.
Whenever any work is done or improvements are made by the city under the provisions of this
article, the city manager or his/her designee on behalf of the city, shall file a statement of the
expenses incurred thereby with the county clerk. Such statement shall give the amount of such
expenses, and the date or dates on which the work was done or the improvements were made."
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ORDINANCE NO. 633-1
Section 4. Declaration of Emergency. The Council finds and determines that the need to
establish water rates 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 5. Repealer. All previously adopted water and sewer rate schedules in conflict
herewith shall be and are hereby repealed but only to the extent of such conflict.
Section 6. 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 7. 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 8. 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 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon
passage.
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ORDINANCE NO. 633-1
PASSED and APPROVED ON FIRST AND ONLY READING this the 28th day of October,
A. D., 2002.
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
OCTOBER 28, 2002
Voting "Aye" - Councilmembers Tetens, Viktorin,
Owens, Marcott, and Seeger.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: October 30, 2002
EFFECTIVE DATE: November 8, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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