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
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Words in underscored type are additions.
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"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.
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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
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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.
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Words in underscored type are additions.
August 11, 1999 - Temp Ord 1827 6
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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
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Words in underscored type are additions.
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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
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Words in underscored type are additions.
August 11, 1999 - Temp Ord 1827 8
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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.
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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*,/'
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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.