Ord. 0633 07-27-92ORDINANCE NO. 633
AN ORDINANCE AMENDING THE CODE OF ORDINANCES AT CHAPTER
13, HEALTH AND SANITATION, FOR THE PURPOSE OF PROVIDING
CERTAIN DEFINITIONS, DEFINING AND REDEFINING PROHIBITED
CONDITIONS; PROVIDING FOR A SAVINGS CLAUSE, A SEVERA-
BILITY CLAUSE, AN EFFECTIVE DATE, A PENALTY, AND PUBLI-
CATION.
WHEREAS, Tex. Rev. Civ. Stat. Ann. Health and Safety Code,
1342.004 provides that the governing body of a municipality may
require the owner of a lot in a municipality to keep the lot free
from weeds, rubbish, brush, and other objectionable, unsightly,
or unsanitary manner; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. THAT the Code of Ordinances of the City of
Pearland, Texas, is hereby amended at Chapter 13, Health and
Sanitation, by the addition of Section 13-16, which section reads
as follows:
"Sec. 13-16. Definitions.
In this Chapter:
(1) "Weeds" - means all rank and •uncultivated vegeta-
ble growth or matter that:
(a) has grown to more than 24" in height; or
(b) may create an unsanitary condition, or become a
harborage for rodents, vermin, or other disease -
carrying pests, regardless of the height of the weeds;
(2) "Rubbish" - means nondecayable waste from a public
or private establishment or residence."
Section 2. THAT the Code of Ordinances of the City of
Pearland is hereby amended at Chapter 13, Health and Sanitation,
Sec. 13-17, Prohibited Conditions, such that the amended provi-
sions shall hereafter read as follows:
"Sec. 13-17. Weeds or Other Vegetation.
(a) (1) It shall be unlawful for any owner, tenant,
lessee, agent, or occupant of any premises to permit any
weeds, grass, or brush to grow above the height of
twenty-four (24) inches upon any premises owned,
leased, occupied, or controlled by such person, or upon
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the unpaved portion of any street right-of-way abutting
said 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) Upon a tract of land of over five (5) acres,
that contains no structures used or designed for human
occupancy for residential or commercial purposes, the
'prohibition of subsection (a) (1) shall apply only to
the portion of such tract lying within 50 feet of the
boundary of another tract, if any, that contains a
structure used or designed for human occupancy for
residential or commercial purposes. For purposes of
this paragraph, all contiguous tracts owned, leased,
occupied, or controlled by the same person shall be
considered one tract.
(b) It shall be unlawful for any owner, tenant, les-
see, 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
omits foul or noxious odors, or becomes a breeding
place for flies or insects, or becomes in any way
injurious to the public health."
Section 3. Any person violating the provisions of Chapter
13 of this Code shall be subject to punishment in accordance with
the provisions of Section 1-11 of the Code of Ordinances of the
City of Pearland.
Section 4. All rights and remedies which have accrued in
the favor of the City under its Code of Ordinances, and amend-
ments thereto shall be and are preserved for the benefit of the
City.
Section 5. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held
invalid or unconstitutional by any Court of competent jurisdic-
tion, 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. The City Council directs that the provisions of
this Ordinance, together with the text of Section 1-11 of the
Code of Ordinances, be published in the official City newspaper
and that its penal provisions be effective ten (10) days after
such publication.
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PASSED, APPROVED and ADOPTED on first reading this
day of
ATTEST:
9i&
PAT JONES,
, A. D., 1992.
TY SECRETARY
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C. V. O 1GER, YOR
PASSED, APPROVED and ADOPTED on second and final reading
this a,'7 day of
ATTEST:
PA
APP
TY SECRETARY
EDAS TO FORM:
LESTER RORICK, CITY ATTORNEY
, A. D., 1992.
VOTING RECORD (FIRST READING) JULY 13, 1992
Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson and Smith.
Voting "No" - None.
VOTING RECORD (SECOND READING) JULY 27, 1992
Voting "Aye" - Councilmembers Smith, Colson, Weber,
Voting "No" - None.
PUBLICATION DATE:
EFFECTIVE DATE:
PUBLISHED AS REQUI
TEXAS.
JULY 31, 1992
AUGUST 10, 1992
Frank, and Miller.
RED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
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