Ord. 0633-4 2015-04-28ORDINANCE NO. 633-4
An Ordinance of the City Council of the City of Pearland, Texas,
amending Chapter 13, Health and Sanitation, Article II, Offensive
Conditions, of the City of Pearland Code Of Ordinances, as it may
have been, from time to time, amended; having a savings clause,
a severability clause, and a repealer clause; providing for publication
and codification.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Article II of Chapter 13, Offensive Conditions, of the City of
Pearland Code of Ordinances, is hereby amended to read as follows:
"Article II Weeds and other Offensive Conditions
Sec. 13-16. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Rubbish means nondecayable waste from a public or private establishment or
residence.
Swimming pool means any structure, basin, chamber or tank containing a body of
water utilized for private or public swimming, diving, bathing or the immersion or partial
immersion therein of human beings, and having a depth of two (2) feet or more at any
point, and located on premises outside of a residence, building or other structure. This
definition shall also include hot tubs, whirlpools, and spas that are located outside of a
residence, building or other structure and meeting the above water depth criteria.
Weeds means all rank and uncultivated vegetable growth or matter that may create
an unsanitary condition, or become a harborage for rodents, vermin, or other disease -
carrying pests, regardless of the height of the weeds.
Brush means trees, bushes, or shrubbery less than seven (7) feet in height which is
not cultivated or cared for by a person who owns or controls the premises on which the
brush exists.
Ord. No. 633, § 1. 7-27-92: Ord. No. 633-1, § 1. 10-28-02)
Sec. 13-17. — Weeds and Offensive conditions.
(a) Weeds.
ORDINANCE NO. 633-4
(1) A person, owner, tenant, agent or person responsible for any premises,
occupied or unoccupied, commits an offense if said person permits or allows
weeds to grow on the premises to a greater height than nine (9) inches. Said
premises shall include, but not be limited to, the parkway between sidewalk and
the curb; the right-of-way between any fence, wall or barrier and the curb or
pavement if such exists or the center line of said right-of-way; or the area
between a fence, wall or barrier and within any abutting drainage channel
easement to the top of such channel closest to the property.
(2) It shall be a defense to subsection (a)(1) that such vegetation upon such
property is actually being used for agricultural purposes.
With respect to uncultivated agricultural properties or tracts of land that contain
no structures used or designed for human occupancy for residential or
commercial purposes, a person, owner, tenant, agent or person responsible for
such property commits an offense if said person permits or allows weeds to
grow to greater height than twenty-four (24) inches within fifty (50) feet from any
adjacent property under different ownership or any street right-of-way.
However, on cultivated agricultural properties where the distance between the
growing crop and abutting property under different ownership or street right-of-
way is Tess than fifty (50) feet, the person, owner, tenant, agent or person
responsible for such property commits an offense if said person permits or
allows weeds to grow to a greater height than nine (9) inches.
(4) It is unlawful for any person to permit or allow any weeds, overgrown grass, or
grass clippings to remain on:
(A) any part of a sidewalk that abuts any premises owned or controlled by such
person; or
(B) any part of a street up to the centerline thereof, that abuts any premises
owned or controlled by such person.
(b) Undeveloped land. Undeveloped land shall be cleared of all brush and undergrowth
for a minimum distance of one hundred (100) feet where abutting developed areas
and a minimum distance of fifty (50) feet along all abutting roadways. The
requirements of Subsection (a) (1) above shall apply to the portions of undeveloped
land that are within fifty (50) feet of abutting developed areas or twenty-five (25) feet
of abutting public roadways.
(c) Swimming pools. A person, owner, tenant, agent or person responsible for any
premises, occupied or unoccupied, commits an offense if said person maintains a
swimming pool in a manner that creates an unsanitary condition likely to attract or
harbor mosquitoes, rodents, vermin, or disease -carrying pests.
(d) Rubbish. A person, owner, tenant, agent or person responsible for any premises,
occupied or unoccupied, commits an offense if said person keeps, stores, or
accumulates thereon rubbish, including newspapers, abandoned vehicles,
(3)
ORDINANCE NO. 633-4
refrigerators, stoves, furniture, tires, and cans, on said premises for ten (10) days or
more, unless the rubbish is completely enclosed in a building and not visible from a
public street or the premises is lawfully operated as a landfill.
(e) Insects. A person, owner, tenant, agent or person responsible for any premises,
occupied or unoccupied, commits an offense if said person permits or allows upon
those premises:
(1) A condition or place that is a breeding place for flies; or
(2) A collection of water that is a breeding place for mosquitoes.
Unsanitary conditions. A person, owner, tenant, agent or person responsible for any
premises, occupied or unoccupied, commits an offense if said person maintains
those premises in a manner that creates an unsanitary condition likely to attract or
harbor mosquitoes, rodents, vermin, or disease -carrying pests.
(f)
Sec. 13-18. - Notice to owner to remedy or remove condition —Generally.
(a) 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.
(b) If the notice described in Subsection (a) must be given two (2) times within a six
week period for any premises within the city, due to the reoccurrence thereon of a
condition described in this article, then the owner of such premises shall be deemed to
have notice of all subsequent reoccurrences of the same offensive condition upon the
same premises for a period of twelve (12) months from the date of the said second
notice, and no additional notices shall be necessary during that period for the City to
provide before taking action to remedy the condition and assess the costs of such
remedy against the premises.
Sec. 13-19. - Same —How given.
The notice provided for by this article shall be served personally on the owner to
whom it is directed or shall be given by letter addressed to such owner at his last known
post office address. In the event personal service cannot be made and the owner's
address is unknown, such notice shall be given by publication at least two (2) times
ORDINANCE NO. 633-4
within ten (10) consecutive days in a newspaper of general circulation published within
the city."
Section 2. Repealer. All previously adopted water and sewer rate schedules
in conflict herewith shall be and are hereby repealed but only to the extent of such
conflict.
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. 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. Publication. 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.
Section 7. Effective Date. This Ordinance shall become effective
immediately upon passage.
ORDINANCE NO. 633-4
PASSED and APPROVED on First Reading this the 13th day of April A. D., 2015.
ATTEST:
AFRTOVED Ajef__)RM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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PASSED and APPROVED on Second and Final Reading this the 27th day of April, A.
D., 2015.
ATTEST:
UNG` FIN
TY SCRETA' Y
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
April 27, 2015
Voting "Aye" - Councilmembers Carbone, Sherman,
Ordeneaux and Moore.
Voting "No" — 0.
Motion passes 4 to 0. Councilmember Hill absent.
PUBLICATION DATE: April 30, 2015
EFFECTIVE DATE: 04-27- 2015
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Ordinance No. 633-4
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of April 30, 2015.
Sworn to and subscribed before me this D
1
Notary Public
My commission expires on 1 1-3 • j
ublisher's Representative
day of AQ(1\ , 2015.
3g��''°''4es SARAH REBECCA FERGUSON
': '= MY COMMISSION EXPIRES
-05,, January 17, 2016
ORDINANCE NO. 633-4
An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 13, Health and
Sanitation, Article II, Offensive Conditions, of the City
of Pearland Code Of Ordinances, as it may have been,
from time to time, amended; having a savings clause,
a severability clause, and a repealer clause; providing
for publication and codification.
PASSED and APPROVED ON SECOND AND FINAL
READING this the 27th day of
April, A. D., 2015.
ATTEST:
!S+
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM
IS!
DARRIN M. COKER
CITY ATTORNEY
Is'
TOM REID
MAYOR
y0t11/G RECORD SECOND AND FINAL 0E4
Ada27 2011
Votln;'Aye. - Counc*nrnban Crnorr, Sherman. _
Ordrraw and Mnpn
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Mann paw/ 66,0 CoMwrCr Na a0wt
PUBLICATION DATE. April 30. 2016
EFFECTIVE DATE 0/-27, 2016
PUBLISHED AS REOUIRED BY SECTION 310
OF THE C/NRTER OF THE CITY OF PEARLAND