Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-055123 Introduced by: CL?sl r Temp. # S ] iz 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 29 30 31 WA 33 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, 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 129 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 -3- 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 - 4- 1 2 3 4 1 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 - 5- 981 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 n =1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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.- 1WZ KI