HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-055123
Introduced by: CL?sl r Temp. # S ] iz
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FLORIDA:
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. Q- 7ho—S�
AN ORDINANCE PERTAINING TO THE REMOVAL OF EXCESSIVE
ACCUMULATIONS OF WEEDS, JUNK, TRASH, AND RUBBISH;
AMENDING SECTIONS 11-8 PERTAINING TO WEEDS AND
RUBBISH AND DECLARING SAID TO BE PUBLIC NUISANCES
BY EXPANDING ON WHAT IS A PUBLIC NUISANCE; REPEALING
11-9 REQUIRING CERTAIN INSPECTIONS BY THE CITY;
AMENDING SECTION 11-10 PROVIDING FOR NOTICE REQUIRE-
MENTS BY MODIFYING NOTICE REQUIREMENTS; AND AMENDING
SECTION 11-13 PERTAINING TO ACTIONS THAT THE CITY MAY TAKE
IN THE EVENT PROPERTY IS NOT PROPERLY CLEARED BY MODIFYING
SAID ACTIONS; PROVIDING DECLARATION OF LEGISLATIVE IN-
TENT; DECLARING THE EXISTENCE OF EXCESSIVE ACCUMULATIONS
OF UNATTENDED GROWTH OF WEEDS, SAW PALMETTOES, RUBBISH,
TRASH AND DEAD TREES, STANDING OR FALLEN; UPON ANY LOT,
TRACT OR PARCEL OF LAND,IMPROVED OR UNIMPROVED WITHIN
A CERTAIN DISTANCE OF THE BOUNDARY LINE OF ANY IMPROVED
PROPERTY TO BE A PUBLIC NUISANCE; PROVIDING FOR NOTICE
TO PROPERTY OWNERS OF A PUBLIC NUISANCE; PROVIDING AN
OPPORTUNITY TO THE PROPERTY OWNERS FOR A HEARING TO
CONTEST ALLEGATIONS OF PUBLIC NUISANCE; PROVIDING FOR
REMEDY OF CONDITIONS BY THE CITY; PROVIDING FOR CHARGES
INCLUDING THE IMPOSITION OF LIENS TO BE FILED IN THE
EVENT OF NONCOMPLIANCE; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
SECTION 1: That Sections 11-8, 11-9, 11-10 and 11-I3 of the
Tamarac City Code are amended by deleting the words struck through
and adding the words that are underscored:
Sec. 11-8. Wee�s3-Hebb}sb;-ei;erg-dee}a�e�-pb}sapees-aq�-#}�e-apd
A}}-weeds;-saw--pa}Lei;i;ees�-w}}�-��ewtq�-�e��}s�,
ae�e���awth;-i:wasb-aed-dead-i;gees-stap�}e�-e�-€a}}ee-w}�b�p-�I�e
}}�}l;s-ei:-i;he-a}1;�+-aye-I�e�^e�y-fee}aged-i;e-�e-ee}saeees-ae�-a-#'}�e
a�a�-bea}tb-�a�a��-aga}est-i;qe-sa€ei;,Y-a€-�qe-a}i:y-
Declaration of leqislative intent.
The Citv Council finds and determines that the rapid,
continuous__growth and development of this City require the reasonable
and effective control and regulation of excessive growth and accu-
mulation of weeds, saw palmettoes, rubbish, trash, and dead trees,
standing or fallen. to the extent and in such manner as to prevent
infestation by rodents and other wild animals, the breeding of
mosquitoes and vermin, or to threaten or_endanger the public health,
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or adversely affect and -impair the economic_ welfare of adjacent
property,
Sec. 11-9.ns�eet�en-a€-bets-ae�-hands-by-s}ty.
It-sball-be-the-da'ty-a€-€be-e�ty-€e-*nspeet-a€-leas€
eee-t��e-}n-eaeb-�ean�-a��-a€-tlae-bets-and-�an�s-w�tb�n-tbe-���a�ts
e€-tbe-e�ty;--te-asee�ta�p-wbetbex-en-ne€-tbe�e-aye-ep-apy-a€-sesb
bets-ew-�an�s-weeds;-�a��ettees3-w��d-�pewtb-en-nebb�sla-wq�sb-sen-
st}tote-a-�enaee-te-tqe-qea}tq-and-wed€aye-a€-tqe-}ngab�tants-a€-tbe
e�ty-ew-wq�el�--eaese-eesae�l;any-eeed�€}ees-e►�-wl��eq-Bees€}€eie-a-€��e-
haaard-w*th�p-the-I*FR*ts-a€-the-e*tyT
Excessive undergrowth, accumulation of junk, trash,
etc., declared public nuisance; prohibited.
The existence of excessive accumulation of untended
growth of weeds,_ saw palmettoes, rubbish, trash and dead trees,
standing or fallen, upon an lot, tract or parcel of land, improved
or unimproved, within three hundred (300) feet of the boundary line
of any improved property or within one hundred_(100) feet of a public
thorou hfare within the Cit to the extent and in the manner that such
lot, tract or parcel of land is or may reasonably become infested or
inhabited by rodents, vermin or wild animals, or may furnish a
breedinj place for mosquitoes, or threatens or endan ers the public
health, safety or welfare, or may reasonably cause disease, or
adversely affects and impairs the economic welfare of adjacent propert
is hereby prohibited and declared to be a ublic nuisance.
Sec. 11-10. Not�ee-to-ewner-ete-3-te-reFfleve;-duty-te-eerRPIy
w}tb-net�Ee�-�nesede�e-en-nenee����anee.
�a}--Aqy-�e�see-I�a��n�-eban�e-a€-en-essupy}�a�-apy-het
en-�xer��ses-wl�e--we€uses-ep-ne��eets3-€ew-a-�en�e�-a€-€}€teeq-days
a€ten-weee}��n�-eet'gee-€weartl�e-bs��d}e�-�epa�t�eet-a€-tbe-e�ty3-te
�=e�e�e-a}}_weeds;-►�abb�sb3-�e€ase;-d�wt-ex-b��l�-��ass-�es�a�e�-to-be-a
pu�sanee3-ew-wl�e3-w€tb�n-a-�e��ed-e€-€�€teen-days-a€tux-seep-q�e��ses
spa}}-gave-beera-po-sted--w*tb-a-net*ee-te-remeve- any -suGh-th4R@5-hePe4R-
be€eye-due}aped-te-be-a-na�sanee�-sqa��--€ail--to-fie-see-sqa��-be-�a��ty
e€-a-f*sdeFReanew-
IWOM
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1 4b}--�qe-pest}eg-as-�eer�tded-�e-sabseet}ee-�a}-�a.y--be
2 aeee��sged--af€}xe�_e-ae.y�-seessseees-sase-ee-apy-ste6teee-ep
3 seep-pwe�ases3-ee-ee-aey-teee-ee-seep-pxe�ases;-ee-gip-aey-etge�^
4 e�aeee-eaee�ated-te-be-e�e�a�y-+�sb�e-ee-qe-�xe�ases3-a-geee
5 stated-tqe-date-of-tqe-pesteraed-tbe-taae-w}tqe-wb}sb-tbe-weeds
6 se-qgq-gears-ee-aey-etbex-e�ate�a�s-eefeewed-te-sqa��-be-e�aaved,
7 aed-by-ettl�ew-rya}}peg;-postage-��=epad;-a-espy-a€-saEq-eet�ise-to-tbe-
8 fast-I�eewe-address-e-seep-eweee;-ageet-ex-etge-pe�see-above-de--
9 sebed;-se-�eaapg-a-espy-et-seep-eetse-wtq-aey-posses-e#-setab�e
10 age-wesfdeg-ee-seeb-pwee�ses:
11 4e}--�e-tbe-eveet-aey--seep-eweex3-ageet-s�-pexsee-gav�eg-
12 egage-ef-ep-eeebpyeg-aey-seep-het-ew-pwe�}ses-xefeses-e-eeg�eEts,
13 w}tqe-seep-peed-el=-fteee-days;-te-ee�e+�e-aey a€-tbe-tgpgs-de-
14 e�aed-e-tq}s-sgapte�-te-be-a-ea}saeee;-tqe-s}ty-gay-saese-tqe
15 we��-a€-ee�eva�-te-ge-dose-aed-tqe-lest-e#-seep-eer�ea�-etbwtq-
16 te-be-paid-by-sesq-eweee;-ageet-ee-etgex-pewee=
17 4d}--bpse-fa�ee-ei:-tqe-eweee3-meet-ee-etgex-pe�see-te
18 peea�pt�y-pay-tqe-east-e-s�eq-we�l�;-tqe-ee�ee}�-sqa��-e�al�e-tbe-sect
19 tge�eef-a-egaege-aed-fee-agaest-sesq-p�epety;-€sxeE�esab�e-q-
20 tge-r�aeeee-ef-�eegaess'-}ees;-te�etgee-w}tq-al-�-rests-aed-epepses-
21 ef-the-aet*ee-aed-all-reaseeable-atteeeeys=-€ees-*eserred--by-the-e�ty-
22 Notice of prohibited conditions.
23 If the public works director finds and determines
24 that a public nuisance.as described and declared in section 11-9
25 hereof exists, he shall notify the record owner of the offendin
26 prop ert in writing and demand that such owner cause the condition to
27 be remedied. The'notice shall be given by certified mail, addressed
28 to the owner or owners of the property described, as their names and
29 addresses are shown upon the county tax records, and shall be deemed
30 complete and sufficient when so addressed and deposited in the United
31 States mail with proper postage prepaid. In the event that such
32 notice is returned by postal authorities the director shall cause a
33 copy of the notice to be personally served upon the owner thereof if
34 the owner can be found within the City of Tamarac. In the event that
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personal service upon the owner thereof cannot be performed in the
City of Tamarac after reasonable search the notice shall be
accomplished -by ph sical ostin on the said property. The notice
shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of owner
Address of owner
Our records indicate thatyou are the owner s of the followin
property in Tamarac Florida:
describe property.).
An inspection of this property discloses, and I have found and
determined that a public nuisance exists thereon so as to constitute
a violation of Chapter ll of the Tamarac City Code in that:
(describe here the condition which
laces the property in violation _
You are hereby notified that unless the condition above described
is remedied so as to -make in nonviolative of Chapter 11 of the
Tamarac City Code within twenty 20 days from the .date hereof, the
Cit of Tamarac will roceed to remedy this condition and the cost
of the work, including advertisincf costs and other ex enses will
be imposed as a lien on the_property if not otherwise paid within
thirty 30) days after receipt of billing.
Within twenty 20da s of the mailing of this
Notice you have the ri ht to make written request to the City Manager
for a hearing before him or one of his assistants to show that the
condition alleged in this notice does not exist or that such con-
dition does not constitute a public nuisance.
CITY OF TAMARAC
BY
PUBLIC ORKS DIRECTOR
Sec. 11-10.1 Hearing
Within twenty (20) da s after the mailing of notice
to him, the owner of the property may make written request to the
City Manager for a hearin before him or one of his assistants to
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show that the condition alleged in the notice does not exist or that
such condition does not constitute a public nuisance. At the hearin
the Cit and the property owner may introduce such evidence as is
deemed necessary. The City Manager or his designated assistant
shall hold hearings as promptly aspracticable within thirty (30)
calendar days of the filing of the appeal, at such place as he
determines. and he shall establish rules and regulations for the
review procedure. Following a review by the City Manager, the owner
will have exhausted his administrative remedies.
Sec. 11-13. Abatemept-@eeewa}}y_
Ple€w�tbs€apd}e�-awy-e€pew-�wev}s}en-a€-€q�s-sga��e�-,
€be-a}€y-spa}}-pave-€a}}-�ewew-€e-eer��e}-�qe-aga�e�ep€-aey-wes+eva}
s€-a}}-pa�sawees-w}€q}q-tqe-s}�y-ew-epee-€qe-gwe�ew�y-ewee�-qy-€qe
e}€y-beye�a�-}ts-eewpewa€e-}}�}€s3-a€-€qe-e��epse-a€-€qe-�ewsee-
Baas}�a�-tqe-sage;-ew-€Ise-ewpe�-e�-essepa�a€-a€-tqe-��eep�-e�-p�e►�}ses
wgeweew-tqe-save-gay-�e3-te-were}we-a}}-}a�a�s,-}ets-ew-a€Wew-��=eea}ses
w}tq}w-€qe-a}€,�-€e-�e-I�e�t--s}eae�-saga}€aey-aey-€xee-€�=erg-weeds,-w}}�
�wew€q;-�}}a���a€ed-ba}}�}�a�s-awd-wagq}sqr--}€-€qe-ewpew-ew-�ewsep
}pi;ewested-}e-saeq-�we�ew�y-lees-ee€-ee��}y-w}tb-aey-seep-we��}wer�ep��
male-ew-eaese-saeb-werk-te-be-depe=--The-ees€-thewee€-spa}}-be-a-
egawge-a�a�-}}ee-aka}ps€-saeq-�we�ew€y-a€--tqe-sage-e�i:e�at-apt-sgawae�e
as-�qe-}}ew-�aew--�waeted�-ew-wq}sb-laewea€€ew-�aay-qe-�waq�e�3-ise-€be
e}€y-gy-}aw-€ew-sees}a}-assessr�e�a€s-€ew-Abe-ees�-e€-}eea}-}���=eve-
�ep�s;-€egei;gew-w}�q-weaseeab}e-a€teweeys'-€ees3-wq}sq-egaw�e-a�a�-
}}ee-spa}}-qe-€ew€hw}€I�-fee-awed-�ayab}e;-�e}ess-€qe--€}�e-€ew-€be
�ay�e�at-€pewee€-spa}}-qe-e�€e�►deb-qy-�qe-sea�as}}3_w}€b-tqe-sage--
pepa}t}es-a��-tqe-sane-w}�qi;s-a€-ee}}Bet}ep-a�a�-sa}e-a�a�-€ew€e����=e-
as-may-be-pwov}ded-qy-}aw-€ew-assessfeRtS_€ew-}eea}-}mprevemeRtsT
Condition may be remedied by Cit
If within twent,
20) da s after mailing of the notic
no hearing has been requested and the condition described in the
notice has not been remedied, the public works director is authorized
to cause the condition to be remedied by the City or its agents at
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the expense of the property owner. If a hearing has been held and
has concluded adversely to the property owner, the public,works
director shall cause the condition to be remedied by the City or
its agents at the expense of the property owner.
After causing the condition to be remedied the
Director of Public Works or City Mana er'shall certify to the
Director of Finance and City Clerk the expense incurred in remedying
the condition and shall include a copy of the notice above described
and a copy of the decision of the City Mana er, if any, whereupon
such expense shall become payable within thirty (30) days, after
which a lien and charge will be made u on the property5 which shall
be payable with interest at the rate of six per cent perannum from
the date of such certification until paid.
Such lien shall be enforceable in the same manner
as a mortgage and may be satisfied at any time by payment thereof
includin accrued interest. Notice of such lien may be filed in the
office of the clerk of the circuit court and recorded amoRq the
public records of Broward County, Florida. The lien shall become
void twenty (20) years after the date of the execution of the notice
Sec. 11-13.1 Records
The Finance Department shall keep records relating
to the amount payable for liens above described and the amount of
such liens shall be included in tax statements for ad valorem taxes
thereafter submitted to the owners of lands subject to such liens.
Sec. 11-1.3.2 Action taken pursuant to chapter declared cumulative.
An action taken pursuant to this chapter in regard
to the disposal,, abatement or removal of the conditions herein de-
clared public nuisances shall be considered cumulative and in additic
to penalties and other remedies rovided elsewhere in this Code.
SECTION 2: Specific authority is hereby granted to codify
this ordinance.
SECTION 3: Should any section or provision of this
ordinance or any portion hereof or any paragraph, sentence or word
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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 4: All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
SECTION 5: This ordinance shall become effective immediately
upon its final passage.
PASSED FIRST READING this L_ da.
PASSED SECOND READING this 0% da.
ATTEST:
CITY CLERK -7
I HEREBY CERTIFY THAT I
have approved the form
and correctness of this
ORDINANCE
6,. Y - �fl 0-0
RECDrtD OF COUNCIL COTE
MAYOR W. FALCK � _
V,M H. MA55AR0
CIM H. Wi£NER
C/M I.M. DISRAELLY
C�.. M. KLI:.
N.-
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