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Ord. 0633-2 08-25-03ORDINANCE NO. 633-2 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 AMEND SECTION 13-18, ENTITLED NOTICE TO OWNER TO REMEDY OR REMOVE CONDITION --- GENERALLY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE, 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 Chapter 13, Health and Sanitation, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 13-18, entitled Notice to Owner to Remedy or Remove Condition —Generally, to read as follows: "13-18. Notice to owner to remedy or remove condition —Generally. Whenever any condition described in this article is found to exist on any premises within the city, and the City of Pearland intends to utilize the subsequent provisions of this article to correct or remove the condition and assess the costs against the premises, the city shall notify the owner of such premises, in writing, to correct, remedy or remove the condition within ten (10) days after such notice and it shall be unlawful for any person to fail to comply with such notice." Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 3. 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 ORDINANCE NO. 633-2 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. 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 6. Effective Date. 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. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. Section 7. Emergency. The Council finds and determines that 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; 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. PASSED and APPROVED on First and Only Reading this the 25th day of August , A.D., 2003.� TOM REID MAYOR 2 ORDINANCE NO. 633-2 APPROVED AS TO FORM: \,__ ..._ ) t G-' Ars--.. DARRIN M. COKER CITY ATTORNEY 3