1368 ORDINANCE NO. 1368
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING SECTIONS 11-25 THROUGH SECTIONS 11-29
OF ARTICLE II OF CHAPTER 11 OF THE CODE OF THE
CITY OF SANFORD, FLORIDA, SAID ORDINANCE MAKING
IT UNLAWFUL FOR THE OWNERS OR OCCUPANTS OF
HEAL PROPERTY WITHIN THE CITY OF SANFORD, FLORIDA
TO PER1VIIT OR CAUSE CERTAIN CONDITIONS AS TO DEBRIS,
RUBBISH, TRASH, UNDERGROWTH AND WEEDS TO EXIST ON
THE PROPERTY; PROVIDING FOR THE GIVING OF NOTICE
AND FIXING A PENALTY FOR VIOLATION OF THIS ORDINANCE;
PROVIDING SEPARABILITY, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, Article II of Chapter 11 of the Code of the City of Sanford,
Florida, provides for the removal of weeks, trash and rubbish from lots and
lands situated within the City, and
WHEREAS, Chapter 167, Florida Statutes, has been abolished, said
Chapter being the authority for the present provisions of the Code, and
WHEREAS° it is necessary to have a new Ordinance adopted
establishing rules and regulations to protect the safeth, health and general
welfare of the citizens of the City of Sanford, Florida, as to the matter of
maintaining real property within the City of Sanford, Florida, in a sanitary
condition.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF SANFORD, FLORIDA:
SECTION 1. Allowing debris, rubbish, trash, cans or papers to
accumulate or allowing vines, underbrush, weeds and/or wild growth in excess
of eighteen inches (18") in height from the ground or grass in excess of twelve
inches (12") in height from the ground to develop on any lot, tract# or parcel
of land, in 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
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welfare, creates a fire hazard, or provides a nest and/or breeding ground
for sand flies, mosquitoes, 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.
SECTION 2. The following terms as used in this Ordinance are
defined more fully as follows:
a. Weed. A weed as herein referred to is defined as any plant
which is useless to man or injurious to crops, grass or flowers.
b. Underbrush. Underbrush as referred to herein is defined
as any undergrowth or brush conducive to the collection of insects and rodents.
SECTION 3. Any owner, lessee or occupant of any lot, tract or
parcel of land in the City who permits debris, rubbish, trash, cans or paper
to accumulate or allows vines, underbrush, weeds and/or wild growth in excess
of eighteen inches (18") in height from the ground or allows grass in excess of
twelve inches (12") 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, creates a fire hazard, provides a nest and breeding
ground for sandflies, mosquitoes, rats, mice, other rodents, snakes and other
types of pests and vermin shall be guilty of a misdemeanor and punished according
to law.
SECTION 4.
a. tf any duly authorized representative of the City finds that
debrish, rubbish, trash, cans or papers have accumulated; or a dense growth
of trees, vines, underbrush, weeds and/or wild growth in excess of eighteen
inches (18") in height from the ground or grass in excess of twelve inches (12")
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in height from the ground has developed on any lot, tract or parcel of land within
this City, to the extent and in the mariner that it constitutes or may reasonably
become a menace to life, proper~y, the public health° the public welfare, creates
a fire hazard, or provides a nest and breeding ground for sandflies~ mosquitoes,
rats, mice, other rodents, snakes and other types of pests and vermin° he shall
in writing direct a notice to the owner of record of such property by certified mail
at his last known address as shown by the records of the Tax Assessor of Seminole
County, Florida° advising of the condition found to exist on the property described
in said notice and demand that such owner cause such condition to be remedied
forthwith or to authorize the City to have such work done on behalf of the owner
at his cost and as a lien against the property. The notice shall detail the specific
violations of which the owner is charged.
b. If there is an occupied dwelling on the property~ a copy of said
notice shall be served by an appropriate official of the City, including but not limited
to a police officer, upon the occupant of said property, or upon any agent of the
owner thereof. The mailing of such notice shall be sufficient proof thereof and
the delivery of notice to an occupied dwelling shall be equivalent to mailing. If
the mailing address of the owner is not known and the property is unoccupied° and
the owner has no agent in the City, the notice shall be posted upon said proper~y as
notice to the owner thereof and a copy posted at an appropriate location at the City
Hall in the City of Sanford, Florida.
SECTION 5. The notice to the owner shall, among other things, contain
a certain date 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
from the date of the mailing or hand delivery of said notice, to show ~he Commission
that said condition does not exist, or to show why said debris, rubbish, trash,
vines~ ~mderbrush, weeds and/or wild growth in excess of eighteen inches (18")
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in height from the ground or grass in excess of twelve inches (12") in height from
the ground that have developed on said lot, or tract of land does not constitute
a menace to life, proper~y~ the public health, the public welfare, or creates a
fire hazard, or why said condition should not be remedied 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 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
aforementioned notice to the owner and has failed 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 may direct the appropriate department
of the City to cause the abatement of the aforesaid public nuisance by having the
existing condition corrected.
SECTION 6.
a. If the property owner or his duly authorized agent elects to
protest the ndiice 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 Section 3 hereof 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 Section 3 and in the Notice to Owner does not exist,
then such Notice to Owner shall be considered forthwith null and void and of no
effect, and no action shall be taken by any agency of this City in regard to such
condition at that time.
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co If the City Commission shall determine that the condition
described in Section 3 and the Notice to Owner does exist, then from the date
of such determination by the City Commission, the owner shah have ten (10) days
to correct such condition. Upon the failure of the owner to correct such condition
within the ten (10) days specified, the City Manager shall direct the appropriate
agency of the City to correct such condition as outlined in preceding sections
where no protest has been made.
SECTION 7.
a. After causing the condition as outlined in Section 3 and by the
Notice to Owner to be remedied in those cases where the owner shall not voluntarily
correct or remedy said condition, the City Manager shall certify to the City Clerk
the expense incurred in remedying the condition and a copy will be directed to
the owner of the affected property, whereupon such expense shall become payable
by the owner within thirty (30) days.
b. If the owner or his agent fails to make payment within said
thirty (30) days, the expense shall become and constitute a lien and charge upon
the property, which shall be payable with interest at the rate of ten per centurn
(10%) per annum. The lien shall be perfected by filing and recording upon the
Public Records of Seminole County, Florida, of sworn statement by the Mayor,
attested by the City Clerk, showing the cost and expense incurred for the work
and the date and property on which said work was done and the recordation of such
sworn statement shall constitute a first and prior lien against the proper~y for
the amount due in principal and interest, plus Court cost and a reasonable
attorney's fee, if any, for collection until final payment has been made, subject
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only to the lien for taxes due to the County of Seminole and State of Florida, and
of the same character as the lien of the City for municipal taxes. Upon the
failure of the owner of the property to pay the lien, it may be enforced in the
same manner as tax liens of the City in favor of the City and the said lien
together with interest thereon, the cost of enforcing same and reasonable
attorney's fee shall be collectible.
SECTION 8. This Ordinance shall be known and referred to as the
"City of Sanford Lot Clearing Ordinance."
SECTION 9. The provisions of this Ordinance are declared to be
separable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses and phrases of this
Ordinance but they shall remain in effect, it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidtry of any part.
SECTION 10. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 11. This Ordinance shall become effective immediately
upon its final passage and adoption.
13th ~y December o
PASSED AND ADOPTED this
A,D,~ 1976. ~ .
Art e st: Mayo r
Sanford, FloPida.
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 1368, PASSED and ADOPTED by the City
Commission of the City of Sanford, Florida, on the 13th day of
December, 1976, was POSTED at the front door of the City Hall
in the City of Sanford, Florida, on the 14th day of December,
1976.
City of Sanford, Florida
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