The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-1971-032u CITY OF TAMARACI FLORIDA ORDINANCE NO. -� AN ORDINANCE AMENDING ORDINANCE NO. 70-15 OF THE CITY OF TAMARAC BY REGULATING THE ACCUMULATION AND DISPOSITION OF WEEDS AND OTHER WASTE MATERIALS; PROVIDING FOR THE DRAINING, CLEARING AND FILLING OF LANDS AND LOTS; IMPOSING LIENS FOR THE COSTS THEREOF; PROVIDING PENALITIES FOR VIOLATIONS; REPEALING LAWS IN CONFLICT; CONTAINING A SEVERABILITY CLAUSE; AND? PROVIDING AN EF- FECTIVE DATE. WHEREAS, the City Council deems the health2 safety and welfare of the inhabitants to require the abatement of nui- sances of the type defined and prohibited by this Ordinances and. WHEREAS, Section 11 r., 11 s., and 11 u.. of the City Charter authorize the City Council to regulate the matters herein contained, NOW, THEREFORE? BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC? FLORIDA: SFCTTON 1: That Ordinance No. 70-15 of the City of Tamarac be amended by adding thereto the Sections set forth herein. SECTION 2: All weeds, saw palmettoes2 wild growth, rub- bish, undergrowths trash and dead. trees standing or fallen within the limits of the city, are hereby declared to be nu.i- sauces and a fire and health hazard against the safety of the city. SECTION 3: It shall be the duty of the city to inspect at least one time in each year, all of the lots and lands within the limits of the city, to ascertain whether or not there are on any of such lots or lands, weeds, palmettoes, wild growth or rubbish which constitute a menace to the health and, welfare of the inhabitants of the city or which cause unsani- tary conditions or which constitute a fire hazard, within the limits of the city. SECTION 4: (a) Any owner, agent, or person having charge of or occupying any lot or premise upon which are located any buildings or dwellings within the city, who refuses or neglects, for a period of fifteen days after receiving notice from the fire department of the city, to remove any and all weeds, rub- bish, refuse, dirt or high grass declared to be a nuisance, or who within a period of fifteen days after such premises shall have been posted with a notice to remove any such things here- inbefore declared to be a nuisance, shall fail to do so, shall be guilty of a misdeam.eanor and, upon conviction thereof, shall be punished in the manner prescribed by Section 9 of Ordinance No. 70-15. (b) The posting as provided in subsection (a) may be accomplished by affixing in any conspicuous place on any structure on such premises or on any tree on such premises, or in any other manner calculated to be openly visible on the premises, a notice stating the date of the posting and the time within which the weeds or high grass or any other materials re- ferred to shall be removed, and by either mailing, postage pre- paid, a copy of such notice to the last -known address of such owner, agent, or other person above described, or Leaving a copy of such notice with any person of suitable age residing on said premise. (c) In the event any such owner agent or per- son having charge of or occupying any such Lot or premise refuses or neglects, within such period. of fifteen days to remove any of the things hereinbefore declared to be a nuisance, then the city may cause the work of removal to be done of such removal forthwith be paid by such owner, and the agent or cost other person. (d) Upon failure of the owner, agent or other person to promptly pay the cost of such work the Council shall make the cost thereof a charge and lien against such property, WA of the same extent and character as the Lien now granted, or which hereafter be granted, to said City by law for special assessments for the cost of local improvements; which charge and lien together with reasonable attorneys fees shall be forth- with due and payable, unless the time for the payment thereof shall be extended by the Council with the same penalities and the same rights of collection and sale and forfeiture as may be provided. by law for assessments for local improvements. SECTION 5: It shall be unlawful for any person to have, keep, maintain, cause or permit within the city limits any collection of standing water, or any swamp, marsh or overflowed lands which create a public hazard or nuisance as a breeding place for mosquitos, pests, rats, snakes and other vermin, reptiles and/or insects. SECTION 6: Where a city official deems that such a nui- sance exists he may dispatch a notice thereof to the owner, agent or occupant at such property providing that such nui- sance shall be abated through the drainage or filling of such lot or parcel of land within sixty days thereof. Upon the failure of the owner, agent, or occupant of such property to abate such nuisance within the allowed time he shall be notified of a hearing thereon before the City Council. After notice and hearing in the manner set forth above the Council may do such drainage, filling or redraining of such property as is necessary to abate such nuisance and charge up the cost of such drainage, filling or redrainage against the lands so drained, filled, or redrained, and levy and, assess special assessment liens against such lands to pay the cost of such draining, fill- ing or redraining of such property so drained, filled or re - drained together with reasonable attorneys fees and foreclosure said liens in the manner provided by law for the foreclosure of liens. -3- n SECTION 7: Notwithstanding any other language in this Ordinance the City shall have full power to compel the abatement and removal of all nuisances within the City or upon the property owned by the City beyond, its corporate litnits, at the expense of the person or persons causing the same, or the owner or occupant of the ground or premises whereon the same may be; to require all lands, lots or other premises within the City to be kept clean, sanitary and free from weeds, wild growth, di- lapidated buildings, and rubbish; and if the owner or owners, or persons interested in such property, do not comply with any such requirements within the time limited and fixed by resolutions, the Council may snake or cause said work to be done, and the cost thereof a charge and lien against such property of the same extent and character as the lien now granted, or which here- after be granted, to said. City by law for special assessments for the cost of local improvements together with reasonable attorneys fees; which charge and lien shall be forthwith due and payable, unless the, time for the payment thereof shall be extended by the Council, with the same penalities and the same rights of collection and sale and forfeiture as may be provided by law for assess- ments for local improvements. SECTION 8: All Ordinances or parts of Ordinances in con- flict herewith be and the same are hereby repealed. In all other respects Ordinance No. 70-15 of the City of Tamarac shall remain in full force and effect. SECTION 9: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 10: This Ordinance shall become effective im- mediately upon its final passage. -4- I . Y 1971. PASSED FIRST READING thisjjV0, day of PASSED SECOND READING this _ i ca'jaday ofr-�p- (r ; ?x , 1971. ILPASSED THIRD READING this day of 1971. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and Correctness of this Ordinance ., ui 413 -.,i4C.lL VOTE Mayor seltman Vlce Mayor Lange Councilman Johnson Councilman Schultz Councilman Zarcone -5-