Ord. 0669 02-28-94i
ORDINANCE NO. 669
AN ORDINANCE PROVIDING IT UNLAWFUL TO DEPOSIT OR
ALLOW THE DEPOSITING OF SOILS ONTO PAVED CITY STREETS;
PROVIDING FOR ABATEMENT PROCEDURES; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED S500.00 FOR EACH
DAY OF VIOLATION; PROVIDING A SEVERABILITY CLAUSE;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the accumulation of dirt, sand, and other soil type matter on paved City
streets impedes traffic, constitutes visual ruin, causes damage to and impairs the operation of
City street surfaces and storm sewer systems, and is otherwise detrimental to public health,
safety, and welfare; and
WHEREAS, the City Council hereby finds and determines that the vast majority of soils
found on paved City streets is a result of various vehicles engaged in the transporting of building
materials or other vehicles used in the building trades delivering goods and services upon said
streets.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, COUNTIES
OF BRAZORIA AND HARRIS, STATE OF TEXAS:
The facts and matters set forth in the preamble of this
Ordinance are hereby found to be true and correct.
Section 1:
Section 2:
Section 3:
Defmitions - for the purposes of this Ordinance the following
words, terms, or phrases shall have the meanings ascribed hereto:
1. Owner - shall mean any person, firm, corporation, or
association, or any officer, agent, employee thereof,
occupying or having control of real property.
2. Paved City Street - shall mean any public street
accepted by the City which is paved or covered with
asphalt or concrete cement.
3. Soils - shall mean dirt, sand, and other similar earth
matter, and shall also mean rocks and other solid or
semisolid mass material, whether produced by man or
nature, but shall not include the matter composing the
street surface or appurtenances thereto.
It shall be unlawful for any person to cause or permit the
depositing of soils on paved City streets or for soils to be distributed
upon City streets by various vehicles engaged in the transporting
of building materials or, other vehicles used in the building trades
delivering goods and services upon said paved City streets.
Section 4: It shall be unlawful for an owner or agent of property adjacent
to a paved City street', to fail to remove from such street soil
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Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
which as a result of construction or material delivery has
removed itself from such adjacent property to the adjacent
paved street. Provided, however, it shall be a defense to
prosecution hereunder that such soils were removed and cleared
from such paved City street within twenty-four (24) hours of
the occurrence which caused the depositing of soils into the
street if such occurrence was by act of God, or within two (2)
hours if such occurrence was by act of man.
When the existence of a nuisance as defined herein shall come
to the knowledge of the Chief Building Official of the City, it shall
be his duty to direct the Inspection department to cause a verbal
notice thereof to be given to the owner or agent responsible for
creating or allowing such nuisance. Such notice shall identify
the property or vehicle which deposited the material, shall set
forth the action required to abate the nuisance, and shall
provide that if the nuisance is not abated within two (2)
hours of notice thereof, all work on the construction site shall
immediately cease. Furthermore, the City Building Inspection
department shall not make any inspections until the streets have
been cleaned of all matter.
Notice to the owner shall be served in person, or by attaching
written notice to the front door of any building situated upon
the property, or if there be no building, then upon a placard
erected on said property.
Any person who shall violate or fail to comply with any
provision of this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in an amount not
to exceed $500.00. Each day of violation shall constitute a separate
offense.
In the event any section, paragraph, subsection, clause, phrase,
provision, sentence, or part of this Ordinance or the application of
the same to any person or circumstance shall for any reason be
considered invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance
as a whole or any part or provisions hereof other than the part
declared to be invalid or unconstitutional and the City Council of
the City of Pearland, Texas, declares that it would have passed each
and every part of the same notwithstanding the omission of any such
part thus declared to be invalid or unconstitutional, or whether there
be one or more parts.
It is the intent of the City Council that this Ordinance, when
approved and adopted, shall be made part of, and incorporated into,
the Code of Ordinances of the City of Pearland, Texas, Chapter 26
- Streets and Sidewalks by adding, Article IV. Cleaning. Said Code
is hereby expressly amended to include the provisions of this
Ordinance in all respects.
The City Secretary shall cause this Ordinance, or the caption
and penalty hereof, to be published in the official newspaper
of the City at least once within ten days after its passage on
second and final reading. This Ordinance shall become effective ten
days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
ORDINANCE NO. 669
PASSED and APPROVED on First reading this the 7/ day of id�r l �cQ� A.D.,
1994.
ATTEST:
PAT JONE
CITY SEC
MC
TARY
C. V. COP I GER
MAYOR
PASSED and APPROVED on Second and Final reading this the day of
A.D., 1994.
MAYOR
ATTEST:
PAT JONES, �'� C
CITY SECREARY
APPPRO _ D AS TO
DI K GREGG, "!
CITY ATTORNEY
VOTING RECORD (FIRST READING) FEBRUARY 14,,1994
Voting "Aye" - Councilmembers Smith, Colson, and Frank.
Voting "No" - Councilmembers Weber and Miller.
Motion passed 3 to 2.
VOTING RECORD
Voting "Aye" -
Voting "No" -
(SECOND READING) FEBRUARY 28 1994
Councilmembers Miller, Frank, Colson, and Smith.
Councilmember Weber
Motion passed 4 to 1.
PUBLICATION DATE: MARCH 9, 1994
EFFECTIVE DATE: MARCH 19, 1994
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
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