Ord. 0118 1965-10-28v
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ORDINANCE NO. ill
AN ORDINANCE REQUIRING WEEDS AND GRASS TO
BE CUT UPON PREMISES AND THAT RUBBISH AND
TRASH BE REMOVED THEREFROM; AND FIXING A
PENALTY FOR FAILURE TO COMPLY WITH SUCH
ORDINANCE, AND PROVIDING THAT SAME SHALL
BE DONE BY THE CITY IN THE EVENT OF SUCH
FAILURE AND PROVIDING FOR THE FIXING OF A
LIEN UPON THE PROPERTY FOR THE EXPENSE
INCURRED IN REMOVING AND DECLARING THAT
ALLOWING WEEDS TO GROW AND TRASH AND
RUBBISH TO ACCUMULATE TO BE A NUISANCE;
AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Pearland, Texas, has
tofore on 21st cly of June, A. D. 1962, passed an Ordinance
ibiting n rson from •: mitting weeds to grow or trash or rubbish
ccumul t u n their r' : or upon any premises or property under
r cony ithin the 1 y o' ' land, and that said Ordinance has no
- on for the c o i a -n against such property owned. by any such
•- rt ' • in accor !' e it . e provisions of Article 4436 of Vernon's
,.dated Statu = . . s amended by the 59th Legislature of the State of Texas,
•ien should •e ated upon any such property where such offense occurs.
'OW, THE ' RE,
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEA'I9 ND, TEXAS:
SECTION 1:
It shall be unlawful for any owner, lessee, occupant or any person
in charge of any premises in the City of Pearland to allow weeds to grow
upon the premises, or trash or rubbish to accumulate upon said premises
to such an extent as is reasonably calculated to create a fire hazard or cal-
culated to become injurious to the health of the citizens of Pearland, Texas,
and either act is hereby declared to constitute a public nuisance.
SECTION 2:
Whenever weeds are allowed to grow, or trash or rubbish allowed
to accumulate upon any premises of the City of Pearland as prohibited by
this Ordinance the City Council shall hear evidence and determine whether
or not such accumulation of rubbish and trash or the growth of weeds thereon,
or both, are sufficient to constitute a nuisance as herein defined, and if
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they so find, they shall pass a resolution declaring that the growth of
weeds or accumulation of trash and rubbish upon such premises, or both,
constitutes a public nuisance, and shall order same removed by the owner,
occupant, lessee or person in charge of such premises, within five (5) days
from the date such notice is given.
SECTION 3:
In the event the owner of the premises upon which is located a
nuisance as prohibited by this Ordinance can not be found or served with
notice, and there does not appear to be any person of such premises or
occupancy, or in the event the nuisance is not abated by cutting the weeds
and removing the trash and rubbish or either of them, as the case may be,
then said nuisance shall be abated by the City of Pearland, the expense
incurred, which shall include salary and wages of all employees, and
reasonable charge for machinery and tools, vehicles, etc. , used in abating
said nuisance shall be a personal charge against the owner of said premises
and shall be assessed as a lien against the property on which such nuisance
is located and removed therefrom, and shall be due and payable to the City
Tax Collector the following tax paying period, that is, the first day of
March following the date at which such nuisance is abated and failure to
pay when due shall cause a ten percent penalty to be added and same shall
bear interest from the date the same is due, at the rate of six percent per
annum.
SECTION 4:
Failure to cut weeds and remove trash and rubbish or to do either
of them when notified to do so, as set out in this Ordinance by any party
obligated to do so by this Ordinance, shall be punished by a fine in any sum
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not exceeding Fifty and No/100 ($50. 00) Dollars and each day that such
nuisance shall continue after the time for abatement as herein set out
shall constitute a separate offense.
SECTION 5:
That if any part of any section or portion of this Ordinance shall
be held by a Court of competent jurisdiction to be void or unconstitutional,
the rest and remainder of such Ordinance not held to be void or unconstitu-
tional, shall continue to remain in full force and effect, and any such partial
illegality shall not affect the same as a whole.
SECTION 6:
The fact that there does not now exist in the City of Pearland, Texas,
an ordinance providing for the assessment of a lien against premises where
weeds are allowed to grow and trash and rubbish allowed to accumulate,
creates an imperative public necessity and the Rule requiring that such
Ordinances be read on three separate meetings be, and the same is hereby
suspended and this Ordinance shall take effect and be in full force and effect
from and after its passage and adoption, and it is so enacted.
PASSED and APPROVED this the day of
A. D. 1965.
CITYF PEART AND, TEXAS
By: /- /
7 ohn G. Kegley, lVlaydr
ATTEST:
W. McClellan, City Secretary
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