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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-018August 11, 1999 - Temp Ord 1827 1 Revision No. 1 — August 27, 1999 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- /, 9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 9, ENTITLED "HEALTH, SANITATION AND NUISANCES, DIVISION 3 TRASH, WEEDS, AND WILD GROWTH", ADDING "SECTION 9-55 DEFINITIONS"; AMENDING SECTION 9-58 "CERTAIN CONDITIONS, ACCUMULATIONS DEEMED NUISANCE" TO ADD SPECIFIC CONDITIONS AND ACCUMULATIONS TO BE DEEMED NUISANCES; AMENDING SECTION 9-59 "NOTICE OF VIOLATION -SERVICE; CONTENTS"; AMENDING THE NOTICE OF VIOLATION FORM AND PROCESS; AMENDING SECTION 9-60 "SAME —HEARING; REVIEW", TO REDUCE THE NUMBER OF DAYS REQUIRED FOR A PUBLIC HEARING ON THE PUBLIC NUISANCES BEFORE A SPECIAL MASTER; AMENDING SECTION 9-61 "STANDING WATER, SWAMP, ETC., CREATING PUBLIC HAZARD OR NUISANCE —PROHIBITED", BY ADDING SANITARY NUISANCE CONDITIONS; AMENDING SECTION 9-62 "SAME --NOTICE TO ABATE; FAILURE OF OWNER TO COMPLY; HEARING; ABATEMENT BY CITY", AMENDING THE ABATEMENT PROCESS; AMENDING SECTION 9-63 "CONDITION REMEDIED BY CITY", TO REDUCE THE NUMBER OF DAYS TO BE CONSISTENT WITH AMENDMENTS TO SECTION 9-60 AFTER WHICH THE CITY MAY ORDER CORRECTIVE ACTION; TO REDUCE THE NUMBER OF DAYS THE INVOICE IS REQUIRED TO BE PAID; TO INCREASE THE ANNUAL INTEREST RATE CHARGED ON THE UNPAID BALANCE TO TEN (10) PERCENT; AND TO DELETE THE NUMBER OF YEARS A LIEN REMAINS RECORDED; AMENDING SECTION 9-64 CODING: Words in stFuelE thFewgk type are deletions from existing law; Words in underscored type are additions. August 11, 1999 - Temp Ord 1827 2 Revision No. 1 - August 27, 1999 "RECORDS" TO ESTABLISH THE RECORDS CUSTODIAN FOR LIEN DOCUMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to provide for an efficient and effective means to provide corrective actions for conditions that have been deemed public nuisances; and WHEREAS, it is in the best interest of the City of Tamarac to include additional conditions and accumulations to be deemed to be a nuisance; and WHEREAS, providing for amendments to the Code would provide for a timely and efficient manner to provide for corrective actions to be handled; and WHEREAS, a reduction in the number of days a public nuisance may exist before the City can order corrective action eliminates public nuisances; and WHEREAS, a reduction in the number of days within which an invoice for services rendered is due and payable by the property owner can provide prompt expectation of payment in full for such services rendered; and WHEREAS, it is in the best interest of the City of Tamarac to clearly define its method of corrective action for public nuisances; and WHEREAS, an increase from the current six (6%) percent to ten (10%) percent for the annual interest rate charged on unpaid invoices to better recover the cost of monies CODING: Words in stfuelt thFeuej-li type are deletions from existing law; Words in underscored type are additions. 1 1 August 11, 1999 - Temp Ord 1827 3 Revision No. 1 - August 27, 1999 expended for corrective actions that are the responsibility of the property owner; and WHEREAS, the Director of Community Development recommends approval of the recommended changes to Chapter 9 as herein defined; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 9 entitled, "Health, Sanitation and Nuisances", by adopting the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: That Chapter 9 entitled, "Health, Sanitation and Nuisances", is hereby amended as follows: Sec.9-55. Definitions. The following words terms and phrases, when used in this chapter, shall have the meanincis ascribed to them in this section except where the context indicates a different meaning: Garbage means all kitchen and table refuse all general combustible wastepasteboard boxes accumulation of animal or vegetable matter which attends to the preparation, use cooking, processinghandlin or stora a of meats fish fowl fruits ve stables and other CODING: Words in StMelt thfewg-li type are deletions from existing law; Words in underscored type are additions. August 11, 1999 - Temp Ord 1827 4 Revision No. 1 - August 27, 1999 matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, which during or after decay may serve as breeding_ places or breeding material for flies, insects or animals. Trash means every waste, accumulation or deposit of paper, sweepings, dust, rags, bottle cans and other matter of any substance or kind, including but not limited to substantive compositions of paper, wood metal brick block lass and matters of similar import and composition, and specifically including such matters as refrigerators and stoves, household furniture discards. paper cups, bottle caps, beverage cans and all types_ of paper, construction debris and material. Vegetation means all natural growth upon a lot or parcel of ground, including grass, weeds trees vines bushes underbrush and the waste material arising therefrom. Yard trash means eve waste accumulation of lawngrass or shrubbe cuttings or clippings and d leaf rakin s rocks branchespalm fronds tree branches arts of tree bushes or shrubs reen leaf cuttings, coconuts fruits or other matter usually created as refuse in the care of trees or large bushes. Sec. 9-68. Certain conditions, accumulations deemed nuisance. The existence of excessive accumulation of untended growth of weeds, abandoned or discarded material garbage, vegetation, and trash saw palmettoes, rubbish, trash and dead trees, standing or fallen, upon any lot, tract or parcel of land, improved or unimproved, or any watenyay within three hundred (300) feet of the boundary line of any improved property or within one hundred (100) feet of a public thoroughfare within the city,- to the exteRt -nrl in them.+.+r+or 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 breeding place for mosquitoes; or threatens or endangers the public health, safety or welfare; or may reasonably cause disease; or adversely affects and impairs the economic welfare of adjacent property is hereby prohibited and declared to be a public nuisance. No lawn shall be permitted to have grass, weeds, or uncultivated rg owth exceeding six (6) inches in height, whether such grass or weeds is are located in the front, side or rear yards of the premises. Sec. 9-59. Notice of violation --Service; ems" L14 If the code enforcement officer finds and determines that a public nuisance as described and declared in section 9-58 exists, he shall notify the record owner of CODING: Words in stFuelt thFewo type are deletions from existing law; Words in underscored type are additions. August 11, 1999 - Temp Ord 1827 5 Revision No. 1 - August 27, 1999 the offending property in writing and demand that such owner cause the condition to be remedied. The notice shall be given by certified mail, addressed to the owner or owners of the property described, as their names and addresses are shown upon the county tax records, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid. , the a Rede by PhYI P06tqRq en the picepeFty. The Retwee shall be iR substantially the The Notice of Violation shall be posted on the subject propefty upon which the alleged violation exists and at the priM@ry City of Tamarac government Office. Alr.MA Qf 9WR8F AA-d-rags. r.f taWMP-r i:T_�f11 • • 01-90-0 OWN 1111M Al" CODING: Words in s#Fuek thFewo type are deletions from existing law; Words in underscored type are additions. August 11, 1999 - Temp Ord 1827 6 Revision No. 1 - August 27, 1999 Sec. 9-60. Same --Hearing; review. Within tweRty (20) ten 10 days after the mailing and posting of the notice specified in section 9-59 to him, the owner of the property may make written request to for a Special Master Haring befnro him OF one (4) of his amss;istante to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance. At the hearing, the city and the property owner may introduce such evidence as is deemed necessary. The Gede 840re+ement heard Special Master shall hold hearings as promptly as practicable within thiFt ten 10 calendar days of the filing of the appeal, at such place as it determines, and shall establish rules and regulations for the review procedure. Following a review by the oade enfnrne .m.e_;U he Special Master, the owner will have exhausted his administrative remedies. Sec. 9-61. Standing water, swamp, etc., creating public hazard or nuisance --Prohibited. JD It shall be unlawful for any person to have, keep, maintain, cause or permit within the city limits any collection of gMstanding 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 or insects. Standing water includes CODING: Words in stFuel( thFeUg4 type are deletions from existing law; Words in underscored type are additions. August 11, 1999 - Temp Ord 1827 7 Revision No. 1 - August 27, 1999 stormwater or irrigation water caused by inade uate slope of land. (2) Sanitary nuisances created by standing water in swimming pools or other containers may be subject to corrective action by the City after the property owner is given Notice of such alleged violation by Notice and abatement process as defined by this Chapter and addressed by Section 9-63. Sec. 9-62. Same --Notice to abate; failure of owner to comply; hearing; abatement by city. Where a code enforcement officer deems that such a nuisance of Section 9-61 M exists, he/she may dispatch a notice thereof to the owner, agent or occupant of such property, providing that such nuisance shall be abated through the drainage or filling of such lot or parcel of land within sixty (60) 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 eede eRfOreomont be Special Master. After notice and hearing in the manner set forth above, the heard City may do such drainage, filling or redraining of such property as is necessary to abate such nuisance and charge 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, filling or redraining of such property so drained, filled or redrained, together with reasonable attorneys' fees, and foreclose such liens in the manner provided by law for the foreclosure of liens. Sec. 9-63. Condition remedied by city. (a) If "'T +� after tweRty ten 10 days after mailing of the notice required by section 9-59 no hearing has been requested and the condition described in the notice has not been remedied, the code enforcement officer is authorized to cause the condition to be remedied by the city or its agents at the expense of the property owner. If a hearing has been held and has concluded adversely to the property owner, the code enforcement officer shall cause the condition to be remedied by the city or its agents at the expense of the property owner. (b) After causing the condition to be remedied, the 9fty 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 described above and a Gepy Of *"9 whereupon such expense CODING: Words in stk thfaug# type are deletions from existing law; Words in underscored type are additions. August 11, 1999 - Temp Ord 1827 8 Revision No. 1 - August 27, 1999 shall become payable within thiFty (39) ten 10 days, after which a lien, inc_luding expenses for lien recordation and charge will be made upon the property, which shall be payable with interest at the rate of six ten 10 percent per annum from the date of such certification until paid. (c) Such lien shall be enforceable in the same manner as a mortgage and may be satisfied at any time by payment thereof, including recording fee expense and accrued interest. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of the county. The Per; sh Sec. 9-64. Records. The fiRaRee depaFtMeRt city clerk's office shall keep Feser616 the official recorded documents relating to the aFRe Rt payable_ fe liens as described in this article,-_ and the SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions CODING: Words in stmelFthFewo type are deletions from existing law; Words in underscored type are additions. 1 August 11, 1999 - Temp Ord 1827 9 Revision No. 1 - August 27, 1999 or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6. This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING thisk8 day of , 1999. ram" PASSED, SECOND READING this o0c" day of , 1999. ATTEST: CAROL GOLD, C/AAE CITY CLER I HEREBY CERTIFY that I h"e approved this ORDINANCE as4o fo*,/' :RMLM0 11' ►., r u: \pats\userd ata\wpdata\ord\1827ord C JOE SCHREIBER MAYOR RECORD OF COMMIWON MAYOR SCHREIBER DIST 1: COMMr PORTER_ - DIST 2: V/M MISHKIN DIST 3: COMM. SULTiIwOF DIST 4: COMM_ Rcopamm CODING: Words in stmele thfew@-4 type are deletions from existing law; Words in underscored type are additions.