Ord. 0176 1969-05-22ORDINANCE NO. / 71
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE
THE PUBLIC WELFARE OF THE CITY OF PEARLAND, TEXAS,
BY REQUIRING OWNERS OR OCCUPANTS OF LOTS IN THE CITY
OF PEARLAND, TEXAS, TO KEEP SAID LOTS FREE FROM WEEDS,
RUBBISH, BRUSH AND OTHER UNSIGHTLY OR UNSANITARY
MATTER; PROVIDING FOR NOTICE TO BE GIVEN TO OWNERS
OR PREMISES IN CASE OF FAILURE OF OWNER TO MAKE LOTS
AND/OR PREMISES SANITARY AND SIGHTLY, THAT THE SAME
MAY BE DONE AT THE EXPENSE OF THE CITY OF PEARLAND;
PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS
FOR SUCH IMPROVEMENTS; PROVIDING PENALTIES FOR
VIOLATIONS OF THE ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, it is deemed by the City Council of the City of Pearland,
Texas, that it is dangerous to public health and consitutes a fire
hazard to have weeds, brush, rubbish and other unsightly and unsanitary
matter on lots in the City of Pearland; and
WHEREAS, it is expressly provided by the provisions of Article 4436,
Revised Civil Statutes of Texas, that cities shall have the power to
correct the evils hereinabove recited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
SECTION 1. It shall be unlawful for any person, firm or corporation
who shall own or occupy any lot or lots in the City of Pearland, Texas,
to allow weeds, rubbish, brush or any other unsightly, objectionable
or unsanitary matter to accumulate or grow on said lot or lots.
SECTION 2. Should any owner of any lot or lots within the City of
Pearland, Texas, who shall allow weeds, rubbish, brush or any other
unsightly, objectionable or unsanitary matter to grow or accumulate
thereon, fail and/or refuse to cut down and/or remove such weeds,
rubbish, brush or other unsightly, objectionable or unsanitary matter,
as the case may be, within ten (10) days after notice to said owner
to do so, in writing or by letter addressed to such owner at his post
office address, or within ten (10) days after notice by publication
as many as two times within ten consecutive days in any newspaper in
Texas, the city may do such cutting down and/or removing such weeds,
rubbish, brush or any other unsightly, objectionable or unsanitary
matter, or cause the same to be done and may pay therefor, and charge
the expenses incurred in doing such work, or having such work done,
or improvements made, to the owner of such lot or lots or real
estate; and, if such work is done or improvements made at the
expense of the City of Pearland, Texas, then such expenses shall
be assessed on the real estate, or lot or lots upon which such
expense was incurred.
SECTION 3. The Mayor or City Health Inspector of the City of
Pearland shall file a statement of such expenses incurred under
Section 2 of this ordinance, as the case may be, giving the amount
of such expenses, the date on which said work was done, or improve-
ments made, with the County Clerk of Brazoria County, Texas; and
the City of Pearland, Texas, shall have a privileged lien on such
lot or lots or real estate upon which said work was done or im-
provements made to secure the expenditures so made, all in
accordance with the provisions of said Article 4436, Revised
Civil Statutes of Texas, which said lien shall be second only
to tax liens and liens for street improvements; and said amount
shall bear ten per cent (10%) interest from the date such state-
ment was filed. It is further provided that for any such expendi-
tures, and interest, as aforesaid, suit may be instituted and
recovery and foreclosure of said lien may be had in the name of
the City of Pearland, Texas; and the statement of expenses so
made, as aforesaid, or a certified copy thereof, shall be prima
facie proof of the amount expended for such work or improvements.
SECTION 4. Any person, firm or individual who shall violate any
of the provisions of this ordinance shall be guilty of a misdemeanor,
and upon conviction shall be fined in any sum not exceeding Two
Hundred Dollars ($200), and each and every day's violation shall
constitute a separate and distinct offense, in case the owner or
occupant of any lot, lots or premises under the provisions of this
ordinance shall be a corporation, and shall violate any provisions
of this ordinance, the president, vice president, secretary, treasurer
of such corporation, or any manager, agent or employee of such corpo-
ration shall be also severally liable for the penalties herein provided.
SECTION 5. That if any part of this ordinance is, or should be
held invalid for any reason, then that fact shall not invalidate
the entire ordinance, but the balance thereof shall remain in
full force and effect.
SECTION 6. All other ordinances or parts or ordinances in con-
flict with this ordinance are hereby repealed, and in particular
Ordinance No. 118 entitled AN ORDINANCE REQUIRING WEEDS AND
GRASS TO BE CUT UPON PREMISES AND THAT RUBBISH AND TRASH BE
REMOVED THEREFROM, the same duly passed and approved by the
City Council of the City of Pearland, Texas, on the 28th day
of October, A.D. 1965, is hereby expressly repealed by this
ordinance.
PASSED AND APPROVED THIS THE elo2 DAY OF �j , A.D. 1969.
APPROVED:
ATTEST: