Ord. 1059 04-22-02ORDINANCE NO. 1059
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, FOR THE PURPOSE OF REGULATING
THE MAINTENANCE OF STORMWATER STORAGE FACILITIES;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
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 amended to add section 13-23, Maintenance of Stormwater Storage
Facilities to read as follows:
Section 13-23: Maintenance of Stormwater Storage Facilities
A. Responsibility. The property owner shall be responsible for continuous
maintenance of all existing and new detention facilities. Maintenance shall
include, but not be limited to the following: repair of any concrete drainage
structures, repair of side and bottom slopes to maintain engineered
topography, repair of nonoperational pumps, flap gates, pipes and
associated hardware, reestablishment of lost vegetation, continuous
removal of trash and debris, regular mowing of grass (in accordance with
section 13-17 of this article), removal of trees and shrubs, extermination of
rodent and mosquito populations, and repair of all aeration devices.
B. Noncompliance. Each Stormwater Facility shall be subject to an annual
maintenance inspection. Any facility found not to be in compliance with
these regulations shall be subject to the penal provisions contained in this
code. Notice of such noncompliance shall be served to the property
owner at the address listed in the most recently approved certified tax roll
as provided by the Brazoria, Fort Bend or Harris County Appraisal
ORDINANCE NO. 1059
Districts.
Section 2.Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding
Two Thousand Dollars ($2000.00).
Section 3. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 4. 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
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6.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 7. Publication and 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.
ORDINANCE NO. 1059
PASSED and APPROVED ON FIRST READING this the 8 day of April , A. D.,
2002.
TOM REID
MAYOR
ATTEST:
YNG
Y SETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 22 day
of April , A. D., 2002.
APPROVED AS TO FORM
etk.,
IN M. COKER
CITY ATTORNEY
0,71
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
APRIL 22, 2002
Voting "Aye" - Councilmembers Tetens, Owens,
Marcott, Wilkins, and Seeger.
Voting No - None.
Motion passes 5 to 0.
PUBLICATION DATE: April 24, 2002
EFFECTIVE DATE: May 4, 2002
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. 1 Date-_2y 20 {).),-
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this day of
20 09-
f/�% ,� ,1til
AURA A. Et •
►'•° bra ,
A Notary Public, State . as
'*.„„°; „: Commission Expires 9-9-02
O
nn Emmons, Publisher..
Public, State c5f Texas
Ordinance No. 1059
Published Apdi 24, 2002
_
ORDINANCE Na 1059 I
AN ORDINANCE OF THE
,CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, AMENDING CHAP-
TER 13, HEALTH AND
SANITATION; OF THE
CITY OF PEARLAND
CODE OF ORDINANCES,
I AS IT MAY HAVE BEEN,
FROM TIME TO TIME,
AMENDED, FOR THE.
(PURPOSE OF REGULAT-
ING THE MAINTENANCE
OF STORMWATER STOR-'
AGE FACILITIES; PROVID-
ING A PENALTY FOR VIO-
LATION; CONTAINING A
SAVINGS CLAUSE, A SEV-
ERABILITY CLAUSE, AND
,REPEALER CLAUSE;
' PROVIDING FOR CODIFI-
;CATION- AND AN EFFEC-
ITIVE DATE.
Section 2. Penalty. Any
;person who shall violate the
provisions of this section il
shall be deemed guilty of a
`misdemeanor and shall,
upon conviction by a court
,of competent jurisdiction, be I
;punished by a fine in any
sum not exceeding Two
Thousand Dollars
! ($2000.00).
PASSED and APPROVED
ON FIRST READING 'this
`:the 8 day of April , A. D., /'
2002. 1
s/ Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing
City Secretary
APPROVED AS TO FORM:
/s/ Darrin M. Coker ._.. _ City Attomey
i.� —
j VOTIN R ^R^
IS OND ANo_BNAL
BEADING APRI n 21
!Voting Aye" - Councilmem-
jbers Tetens, Owens,
Marcott, Wilkins, and
Seeger.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE:
APRIL 24, 2002
EFFECTIVE DATE:
MAY 4, 202
Published as required by
Section 3.10 of the Charter
of
Texasthe City of Pearland,