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3303 ORDINANCE NO. 3303 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING SECTIONS 11-25 THROUGH 11-29.3 IN ARTICLE H OF THE CITY CODE, SAID SECTIONS KNOWN AND REFERRED TO AS THE "CITY OF SANFORD LOT MOWING ORDINANCE" AND ADDING SECTIONS 11-25 THROUGH 11-29.5 IN ARTICLE H OF THE CITY CODE; PROVIDING FOR DEFINITIONS, PROHIBITING UNLAWFUL ACCUMULATION; PROVIDING THAT THE OWNER'S PERMISSION OF UNLAWFUL ACCUMULATION SHALL BE DEEMED A MISDEMEANOR AND PUNISHABLE ACCORDING TO LAW; PROVIDING FOR NOTICE BY THE CITY TO THE OWNER OF RECORD OF THE VIOLATION; DEMAND TO ABATE; A COPY OF NOTICE TO THE OCCUPANT; PROVIDING FOR THE CONTENT OF THE NOTICE; THE HEARING BEFORE THE CITY COMMISSION; THE FINAL DETERMINATION BY THF. COMMISSION; THE TIME ALLOWANCE FOR ABATEMENT OF THE NUISANCE BY THE OWNER; PROVIDING THAT THE UNPAID COSTS INCURRED SHALL BECOME A LIEN ON THE SUBJECT PROPERTY; PROVIDING FOR ADMINISTRATIVE CHARGE; PROVIDING FOR EMERGENCY ABATEMENT; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, in the interest of the health, safety and welfare of the citizens, the City Commission of the City of Sanford desires to ensure that the owners of property be held accountable for any public nuisance existing on their property or in the adjacent right-of-way; and WHEREAS, in the interest of the health, safety and welfare of the citizens, the City Commission of the City of Sanford desires to provide a mechanism to accomplish the abatement of public nuisances on developed lots or undeveloped vacant lots. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF TIFF. CITY OF SAN~FORD, FLORIDA: SECTION 1: Sections 11-25 through 11-29.3 in Article II of the City Code are hereby deleted in their entirety and replaced with Sections 11-25 through 11-29.5 as follows: SEC. 11-25. Title of Sections 11-25 through 11-29.5. Sections 11-25 through 11-29.5 shall be known and referred to as the "City of Sanford Lot Mowing Ordinance." SEC. 11-26: Definitions. The following terms as used in this Ordinance are defined more fully as follows: (a) Debris/Rubbish/Junk/Trash. Items which are not usable in their present condition as intended by the manufacturer by reason of being broken, discarded, unmaintained or abandoned. (b) Developed Lot. Any lot, tract or parcel that contains a structure and/or improvements. This shall also include adjacent property where both parcels are owned by one person or entity. (c) Hazardous Trees. Trees containing limbs larger than 3" in diameter which are broken and hanging, or broken and lodged/wedged in such a fashion that they present an immediate threat to adjoining properties. A hazard exists when, collectively, a substantial number of smaller limbs threaten adjoining properties as described above. (d) Lot, tract or parcel. Includes the adjacent unpaved portions of the street right-of- way, and the property owner's adjacent properties. (e) Remedies or corrective measures. As referred to in this Ordinance, remedies or corrective measures shall include but not be limited to, the City mowing the property and adjacent right-of-way, trimming shrubbery located on the property and adjacent street right-of-way, or removing the unlawful accumulations on the property and adjacent street right-of-way. (fi Street. Any public street. road. highway. freeway. lane. path. public way or place. sidewalk. alley. court. boulevard. parkway. drive or easement now or hereafter held by the City for the purpose of public travel. (g) Underbrush. "Underbrush," as referred to in sections 1 through 7, is defined as any undergrowth or brush conducive to the collection of insects and rodents. (h) Undeveloped Vacant Lot. Any lot or parcel that does not contain a structure and/or improvement. This shall also include adjacent property where both parcels are owned by one person or entity, but only if said adjacent property is located within 200 feet of a developed lot. (i) Weed. Plants that by reason of abandonment, lack of care or lack of maintenance, choke out growth of other plant material in the area. Dead, dying or unattended plant life, named or unnamed, which is abandoned or overgrown shall, for the purpose of this Cede, be defined as a weed. SEC. 11-27: Unlawful accumulations. Allowing debris, rubbish, junk, trash, cans, tires, paper, furniture, building material or appliances to accumulate on any lot, tract or parcel of land shall be unlawful, except as provided by Schedules B or E of the Land Development Regulations, and is hereby prohibited and declared to be a public nuisance. Allowing vines, underbrush, weeds and/or wild growth in excess of eighteen (18) inches in height from the ground or grass in excess of twelve (12) inches in height from the ground to develop on any developed lot, tract or parcel of land in the City or on an undeveloped vacant lot, tract or parcel of land in the City located within 200 feet of any developed lot, to the extent and in the manner that it constitutes or may reasonably become a menace to life, property, the public health, the public welfare, that creates a fire hazard, or that provides a nest and/or breeding ground for sandflies, mosquitos, rats, mice, other rodents, snakes, and other types of pests and vermin, shall be unlawful and is hereby prohibited and declared to be a public nuisance. It shall be the owner's responsibility to remove any debris, tires, rubbish, junk, trash, cans, tires, paper, furniture, building material or appliances which have been dumped or placed on his or her property, regardless of whether the owner was responsible for dumping or placing those items on his/her property, and to properly maintain all vegetation on his property. This section shall include the property owner's adjacent properties, as well as the adjacent street right-of-way regardless of whether the property owner has planted the grass, shrubbery and trees located in the adjacent street right-of-way, and regardless of whether the property owner has dumped the debris, rubbish, junk or trash as more fully described above, which has accumulated on his property and/or the adjacent street right-of-way. SEC. 11-28: Violation to permit unlawful accumulations. Any owner, lessee or occupant of any lot, ucact or parcel of land in the City who permits debris, tires, rubbish, junk, trash, cans, paper, furniture, building material or appliances to accumulate; or allows vines, underbrush, weeds, and/or wild growth in excess of eighteen (18) inches in height from the ground or allows grass in excess of twelve (12) inches in height from the ground on any lot, tract, or parcel of land, improved or unimproved, within the City, to the extent and in the manner that it constitutes or may reasonably become a menace to life, property, the public health, the public welfare, that creates a fnce hazard, or that provides a nest and breeding ground for sandflies, mosquitos, rats, mice, other rodents, snakes and other types of pests and vermin, shall be guilty of a misdemeanor and punished according to law. Page 2 Ordinance No. 3303 SEC. 11-29: Notice by City to owner of record of violation: demand to abate: copy of notice to occupant. (a) If any duly authorized representative of the City finds that debris, tires, rubbish, junk, t~ash, cans, paper, fiwniture, building material or appliances have accumulated, or a dense growth of trees, vines, underbrush, weeds, and/or wild growth in excess of eighteen (18) inches in height from the ground, or grass in excess of twelve (12) inches in height from the ground, has developed on any lot, tract or parcel of land within the City, to the extent and in the manner that it constitutes or may reasonably become a menace to life, property, the public health, the public welfare, that crates a fire hazard, or that provides a nest and breeding ground for sadflies, mosquitos, rats, mice, other rodents, snakes and other types of pests and vermin, he/she shall in writing direct a notice to the owner and operator of the property, at his last known address by certified mail or hand delivery. If an attempt to reach the owner and/or operator by hand delivery or certified mail is unsuccessful, the notice shall be given by physical posting on the property in the name of the property owner, as shown upon the records of the Seminole County Tax Assessor. (b) The Notice to the owner and operator shall advise of the condition found to exist on the property described in said notice, and demand that the owner either cause such condition to be remedied forthwith, or that the owner authorize the City to have such work done on behalf of the owner at his cost or as a lien against the property. The notice shall detail the specific violatious of which the owner is charged, and shall detail the specific remedies that are necessary to correct the violations. The notice to owner shall also contain a date certain upon which the property owner or his agent or representative may appear before the City Commission, such date being not more than thirty (30) days nor less than five (5) calendar days from the date of the mailing or hand delivery of said notice. If notice is given only by physical posting on the property, the hearing date shall be not more than thirty (30) nor less than twenty (20) days from the date of the physical posting of said notice on the property. SEC. 11-29.1: Hearing before Commission: failure of owner to abate. At the hearing before the Commission, the owner, his agent, or representative, may appear before the City Commission to show the City Commission that the condition mentioned in the notice does not exist, or to show why said debris, rubbish, junk, trash, caus, tires, paper, furniture, building material or appliances, vines, underbrush, weeds and/or wild growth in excess of 18 inches in height from the ground, or grass in excess of 12 inches in height from the ground, that have developed on said lot or tract of land, does not constitute a menace to life, property, the public health, the public welfare; or that it does not create a fire hazard; or why said conditions should not be remedied by the owner, or by the City at the expense of the owner of said property. At said hearing, the City and the property owner may introduce such witnesses as are deemed necessary. If the owner of the affected property or any agent acting on behalf of the owner thereof fails to protest such action before the City Commission upon the date specified in the notice to the owner, and fails to take corrective action as specified in the aforesaid notice before the date set for the protest hearing before the City Commission, the City Manager, or his designee, may direct the appropriate department of the City to cause the abatement of the aforesaid public nuisance by having the existing condition corrected. SEC. 11-29.2: Final determination by Commission: time allowance for abatement by owner. (a) If the property owner or his duly authorized agent elects to protest the notice as set forth in preceding sections and so appears at the designated meeting of the City Commission as set forth in the notice to owner, the City Commission shall determine conclusively whether the condition described in Sections 11-27 and 11-28 hereof and in the notice to owner does or does not exist, and such determination shall be final. (b) If the City Commission determines that the situation and condition as set forth in Sections 11-27 and 11-28 and in the notice to owner does not exist, then such notice to owner shall be cousidered forthwith null and void and of no effect, and no action shall be taken by any agency of the City in regard to such condition at that time. Page 3 Ordinance No. 3303 (c) If the City Commission shall determine that the condition described in Sections 2 and 3 and the notice to owner does exist, then from the date of such determination by the City Commission, the owner shall have five (5) business days to correct such condition. Upon the failure of the owner to correct such condition within the five (5) business days specified, the City Manager, or his designee, shall direct the appropriate agency of the City to correct such condition as outlined in preceding sections, where no protest has been made. SEC. 11 ~29.3: Collection of Costs and Records: Secured Property. After causing the condition to be remedied, the City Manager, or his designee, shall certify to the Finance Director the expense incurred in remedying the condition, whereupon such expense, plus a charge to cover City administrative expenses, plus any administrative penalty as provided in Section 11-29.4, shall become payable within thirty (30) days from completion of the work, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate allowable by law from the date of such certification until paid. Such lien shall take priority and be enforceable in the same manner as a tax lien in favor of the City of Sanford, and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded upon the public records of Seminole County, Florida. If the subject property is secured by locks or otherwise, the City shall have the authority to enter such property for purposes of remedying the violative condition, and any additional costs incurred by the City in gaining access to the property or in resecuring the property after cleaning shall be considered expenses of remedying the condition. SEC. 11-29.4: Administrative Charge: Administrative Penalty. (a) In addition to the actual cost of remedying the violation described in Sections 11- 27 and 11-28, the City may also assess a churge to cover administrative expenses incurred in securing and monitoring the services of a private contractor to remedy the violation. Said administrative charge shall be reviewed and approved by City Commission at least on an annual basis. (b) If a second violation of Sections 11-27 and 11-28 is cited against the same property and property owner within twelve (12) months from the date of the first citation, an administrative penalty of one hundred dollars ($100.00) shall additionally be assessed five (5) calendar days after the second citation. If the condition is abated by the owner during that five (5) day period, the penalty will not be assessed. If a third violation of Sections 11-27 and 11- 28 is cited against the same property and property owner within twelve (12) months from the date of the first citation, an administrative penalty of two hundred dollars ($200.00) shall additionally be assessed five (5) days after the third citation. If the condition is abated by the owner during that five (5) day period, the penalty will not be assessed. Subsequent violations cited against the same property and property owner shall be referred to the City Attorney for appropriate legal action, including, but not limited to, injunctive relief, in addition to enforcement as provided in this Ordinance. SEC. 11-29.5: Emergency Action. In cases involving major nuisance conditions requiring immediate, direct action to abate hazards imminently dangerous to the health, welfare or safety of the public, the City may, upon City Manager, or his designee's, authorization, cause the conditions to be immediately remedied by City-authorized lot cleaning. Notice of said lot cleaning shall be given within five (5) business days after the lot cleaning and according to the procedures detailed in Section 11-29 above, except that the notice shall explain that the property contained hazards requiring immediate remedy, that the lot has already been cleaned, and that the property owner has fifteen (15) calendar days from the date of the notice to apply to the City Commission to show why costs of cleaning should not be assessed against his property. Said emergency lot cleaning shall be at the expense of the property owner; however, the property owner may make a written request for a hearing before the City Commission as above provided within fifteen (15) calendar days from the date of the notice that his lot had to be cleaned and that a charge is being assessed therefore. Page 4 Ordinance No. 3303 SECTION 2: SEVERABILITY. If any section or portion of a section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of a section of this Ordinance. SECTION 3: CONFLICTS. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby revoked. SECTION 4: EFFECTIVE DATE. That this Ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this~:~ (~/dday of &~, A.D. 1996. MA/~ ~ ~; ATTEST: As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance N . 303, ASSED A D ADOPTED by the was posted at the front door of the City Hall in the City of Sanford, Flori a,~on th~-Sday Ase~Cit} Clerk of th~ of Sanford, Florida Page 5 Ordinance No. 3303