HomeMy WebLinkAboutChapter 703: Lot ClearingCodified Feb 86
ORDINANCE NO. 25-85
AN ORDINANCE AMENDING CODE CHAPTER 703, "LOT
CLEARING" , OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING
SEC. 703 . 03 IN ITS ENTIRETY AND REPLACING
WITH A NEW SEC. 703 . 03 , "PUBLIC NUISANCES
PROHIBITED"; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1 . Section 703. 03 of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 703 . 03 Public Nuisances Prohibited.
The existence of excessive accumulation or untended growth
of weeds , undergrowth or other dead or living plant life
over twelve (12) inches in height, upon any lot, tract or
parcel of land, improved or unimproved, within one hundred
(100) feet of the boundary line of any improved property
within the incorporated areas of this City 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 breeding place for
mosquitos; dead limbs or portions of trees exceeding two (2)
inches in diameter at their base which because of their
location constitutes a hazard to adjoining property or over-
head utilities on adjoining property, or public thoroughfares ,
or any such conditions which 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.[Ord. No. 26-83, §1, 3 Jan 1984; Ord. No. 25-85, §1, 21 May 1985]
SECTION 2. All portions of the code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 21st day of May , 1985.
[Wayne Rutherford's Signature]
Mayor
ATTEST:
[Janet S. Leeser's signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
FISCHETTI YES
MARCHETTI YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER YES
First Reading: 5-7-85
Posted: 5-8-85
Advertised: 5-11-85
Second Reading: 5-21-85
§ 703 . 01 LOT CLEARING § 703 . 05
CHAPTER 703
LOT CLEARING
Sec . 703 .01 Declaration of Legislative Intent. The
City Council finds and determines that the rapid, continuous
growth and development of the incorporated areas of this City
require the reasonable and effective control and regulation
of excessive growth and accumulation of weeds , undergrowth
and other plant life to the extent and in such manner as to
cause infestation by rodents and other wild animals, the
breeding of mosquitos and vermin, or to threaten or endanger
the public health, or adversely affect and impair the economic
welfare of adjacent property. [Ord. No. 26-83 , §1, 3 Jan 84]
Sec. 703 . 05 Notice. If the Building Official finds and
determines that a public nuisance as described and declared
in Sec. 703 . 03 hereof exists , he shall so notify the owner
of record of the offending property in writing and demand
that such owner cause the condition to be remedied. The
notice shall be given by registered or certified mail ,
addressed to the owner or owners of the property described
as their names and addresses are shown upon the record of
the county tax assessor, and shall be deemed complete and
sufficient when so addressed and deposited in the United
States mail with proper postage prepaid. In the event that
such notice is returned by postal authorities, the director
shall cause a copy of the notice to be served by a law
enforcement officer upon the occupant of the property or
upon any agent of the owner thereof. In the event that
personal service upon the occupant of the property or upon
any agent of the owner thereof cannot be performed after
reasonable search by a law enforcement officer, the notice
shall be accomplished by physical posting on said property.
History File Chapter 703
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
February 5, 1985
MEMORANDUM
TO: Mayor and City Council
FROM: City Attorney
RE: BURYING OF LAND CLEARINGS
Pursuant to your request, I have researched the possibility of
prohibiting land clearings from being buried on a project site
and requiring they be hauled away. I have determined that that
is a viable alternative and will be bringing to the next workshop
a proposed revision to the ordinaces effecting this change.
[signature]
Joseph W. Scott
JWS: jl
History File
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
P.O.BOX 326
TELEPHONE 305 783-1100
CAPE CANAVERAL December 7, 1983
TODAY NEWSPAPER
P.O. Box 1330
Cocoa, Florida 32922
Gentlemen:
Please publish the following legal ad for one day on
Monday, December 12, 1983 and furnish affidavit as proof
of ad:
NOTICE OF PUBLIC HEARING AND PROPOSED ENACTMENT
NOTICE IS HEREBY GIVEN OF PUBLIC HEARING AND PROPOSED
ENACTMENT OF THE FOLLOWING ORDINANCE:
ORDINANCE NO. 26-83
AN ORDINANCE AMENDING CITY CODE OF THE CITY OF
CAPE CANAVERAL, FLORIDA BY ESTABLISHING CODE
CHAPTER 703 "LOT CLEARING" ; DECLARING CERTAIN
CONDITIONS OF PROPERTY TO BE A PUBLIC NUISANCE;
PROVIDING NOTICE TO THE PROPERTY OWNER; PROVIDING
FOR AN ADMINISTRATIVE HEARING AND REVIEW PROCEDURE;
ESTABLISHING LEINS; PROVIDING FOR THE ENFORCEMENT
OF SAID LEINS; PROVIDING FOR RECORDS; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PRO-
VIDING AN EFFECTIVE DATE.
First reading and public hearing will be held on Tuesday,
December 20, 1983 at City Hall, 105 Polk Avenue, Cape Canaveral,
Florida at 7: 30 P .M. or as soon thereafter as possible .
Second reading and public hearing will be held on Tuesday,
January 3, 1984 at City Hall, 105 Polk Avenue, Cape Canaveral,
Florida at 7: 30 P .M. or as soon thereafter as possible .
Interested parties may attend these meetings and be heard .
The Ordinance may be inspected at the office of the City Clerk
in City Hall.
Page 2
December 7, 1983
Any person who decides to appeal any decision with respect
to any matter considered at these meetings will need to ensure
that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to
be based.
Sincerely,
[signature]
Patricia J. Beaulieu
City Clerk
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
P.O.BOX 326
TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
November 30, 1983
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager
RE: Lot Clearing
There has been some discussion as to the adoption of an
Ordinance for lot clearing and maintenance . I have reviewed
similar ordinances of other cities in Brevard County and have
prepared a draft ordinance for your consideration. The
purpose of the ordinance is to declare excessive growth of
weeds, undergrowth, or other plant life a public nuisance,
establish an abatement procedure and provide for due process .
Most cities provide the property owner the opportunity
to request a hearing before City Council to show why the
condition should not be abated by the City at the expense
of the property owner . Article XXII of our City Charter
authorizes the City Council to have the power to follow a
similar procedure . The City of Melbourne has established
its lot clearing ordinance as an administrative function
allowing for due process to be granted through a hearing
before the City Manager . The City Attorney and I have dis-
cussed whether this approach may be used in the City of Cape
Canaveral and we believe it can.
The ordinance draft I am attaching is modeled after the
City of Melbourne ordinance . I am also attaching copies
of ordinances from Indian Harbour Beach, Cocoa Beach and
Melbourne, for your review.
[signature]
Frederick C . Nutt
City Manager
FCN/tgr
DRAFT ONLY
ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN CONDITIONS OF
PROPERTY TO BE A PUBLIC NUISANCE; PROVIDING
FOR NOTICE TO THE PROPERTY OWNER; PROVIDING
FOR A HEAING; PROVIDING FOR REMEDIES BY THE
CITY; PROVIDING FOR RECORDS; PROVIDING AN
EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1 . The City Code of the City of Cape Canaveral
is hereby amended by adding thereto a new chapter to be numbered
Chapter 703, entitled "Lot Clearing" , which new chapter shall
read as follows :
CHAPTER 703
LOT CLEARING
Sec . 703 .01 Declaration of Legislative Intent.
The City Council finds and determines that the rapid,
continuous growth and development of the incorporated
areas of this City require the reasonable and effective
control and regulation of excessive growth and accumulation
of weeds, undergrowth and other plant life to the extent
and in such manner as to cause infestation by rodents and
other wild animals, the breeding of mosquitos and vermin,
or to threaten or endanger the public health, or adversely
affect and impair the economic welfare of adjacent property.
Sec . 703 .03 Public Nuisances Prohibited. The
existence of excessive accumulation or untended growth of
weeds , undergrowth or other dead or living plant life over
twelve (12) inches in height, upon any lot, tract or parcel
of land, improved or unimproved, within one hundred (100)
feet of the boundary line of any improved property within
the incorporated areas of this city 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 breeding place
for mosquitos, 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 .
Sec . 703 .05 Notice. If the Building Official finds
and determines that a public nuisance as described and declared
in section 703 .03 herof exists, he shall so notify the
owner of record of the offending property in writing and
demand that such owner cause the condition to be remedied.
The notice shall be given by registered or certified mail,
addressed to the owner or owners of the property described,
as their names and addresses are shown upon the record of
the county tax assessor, and shall be deemed complete
and sufficient when so addressed and deposited in the United
States mail with proper postage prepaid . In the event that
such notice is returned by postal authorities , the director
shall cause a copy of the notice to be served by a law
enforcement officer upon the occupant of the property or
upon any agent of the owner thereof . In the event that
personal service upon the occupant of the property or
upon any agent of the owner thereof cannot be performed after
reasonable search by a law enforcement officer, the notice
shall be accomplished by physical posting on said property .
the notice shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of Owner
Address of Owner
Our records indicate that you are the owner (s) of
the following property in the City of Cape Canaveral, Florida:
(describe property)
An inspection of this property discloses, and I have
found and determined, that a public nuisance exists there-
on so as to constitute a violation of the City of Cape
Canaveral Lot Clearing Ordinance in that:
(describe here the condition which places the
property in violation)
You are hereby notified that unless the condition
above described is remedied so as to make it nonviolative
of the Cape Canaveral Lot Clearing Ordinance within twenty
(20) days from the date hereof, the City of Cape Canaveral
will proceed to remedy this condition and the cost of the
work, including advertising costs and other expenses, will
be imposed as a lien on the property if not otherwise paid
within thirty (30) days after receipt of billing.
City of Cape Canaveral, Florida
By:
Building Official
Sec . 703 .07 Hearing. Within twenty (20) days after
the mailing of notice to him, the owner of the property may
make written request to the City Manager for a hearing before
him or one of his assistants 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 evidence as is deemed necessary . The City Manager
shall hold hearings on a regular basis at such time and 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 . 703 .09 Condition May Be Remedied By City . If
within twenty (20) days after mailing of the notice, no
hearing has been requested and the condition described in
the notice has not been remedied, the City Manager shall
cause the condition to be remedied by the City at the
expense of the property owner . If a hearing has been held
and has concluded adversely to the property owner, the City
Manager shall cause the condition to be remedied by the
City at- the expense of the property owner .
After causing the condition to be remedied, the City
Manager shall certify to -the City Treasurer the expense
incurred in remedying the condition and shall include a
copy of the notice above-described and a copy of the decision,
if any, whereupon such expense shall become payable
within thirty (30) days, after which a special assessment
lien and charge will be made upon the property, which
shall be payable with interest at the rate of eight percent
(8%) per annum from the date of such certification until paid.
Such lien shall be enforceable in the same manner as a tax
lien in favor of the City and may be satisfied at any time by
payment thereof including accrued interest. Upon such
payment, the Clerk of the Circuit Court shall be appropriate
means evidence the satisfaction and cancellation of such
lien upon the record thereof and notify the tax collector
of such satisfaction. Notice of such lien may be filed in
the Office of the Clerk of the Circuit Court and recorded
among the public records of Brevard County, Florida .
Sec . 703 .11 Records . The City Treasurer shall keep
complete records relating to the amount payable on liens
above described and the amounts of such liens shall be
included in tax statements for ad valorem taxes thereafter
submitted to the owners of lands subject to liens . Any
action taken pursuant to this chapter in regard to the
disposal, abatement or removal of the conditions herein
declared public nuisances shall be considered cumulative
and in addition to penalties and other remedies provided
elsewhere in this Code .
SECTION 2 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1983 .
Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney
Melbourne Code
§ 18-6 HEALTH AND SANITATION § 18-17
with dressing rooms, lavatories and toilets sufficient to ac-
commodate all persons employed on the premises or having
access thereto. Such dressing rooms, lavatories and toilets
shall in all respects comply with the requirements of the State
department of health and rehabilitative services and of the
state division of hotels and restaurants of the department of
business regulations and of all city ordinances and of the
building code. (Eau Gallie Code 1965, Ch. 14, § 14-4; Ord.
No. 69-2, § 1(15), 11-6-69)
Secs. 8-6-18-15. Reserved.
ARTICLE II. LOT, JUNK, GARBAGE AND
TRASH CLEARING*
Sec. 18-16. Short title.
This article shall be known as the City of Melbourne Lot,
Junk, Garbage and Trash Clearing Ordinance and shall be
applicable in the incorporated areas of Melbourne, Florida.
(Ord. No. 79-17, § 1, 4-10-79)
Sec. 18-17. Declaration of legislative intent.
The city council finds and determines that the rapid, con-
tinuous growth and development of the incorporated areas of
this city require the reasonable and effective control and
regulation of excessive growth and accumulation of weeds,
undergrowth and other plant life to the extent and in such
manner as to cause infestation by rodents and other wild
animals,the breeding of mosquitoes and vermin, or to threaten
*Editor's note—The provisions of Art. II, Weeds, Debris, §§ 18-16-
18-30, have been deleted as being superseded by Ord. No. 79-17, §§
1-7, adopted April 10, 1979, codified as a new Art. II, §§ 18-16-18-22,
at the editor's discretion. Formerly Art. II was derived from Eau Caine
Code 1965, Ch. 14, §§ 14-15-14-27, and Ord. No. 69-2, 0§ 1(15), enacted
Nov. 6, 1969.
Cross references—Garbage, trash, and rubbish disposal, Ch. 16; un-
sanitary disposal or deposit of waste,etc., § 36-64.
State law references—Abatement of nuisances by injunction, F.S., §
60.05; nuisances injurious to health, F.S., Ch. 386; public nuisances, F.S.,
Ch. 823.
Supp.No.31
707
•
§ 18-17 MELBOURNE CODE § 18-19
or endanger the public health, or adversely affect and impair
the economic welfare of adjacent property. Further the city
council finds and determines that the accumulation of garbage
and trash in violation of Chapter 16, Melbourne Code of Ordi-
nances, and the accumulation, storage or maintenance of junk
or trash in violation of section 16-2(8), Melbourne Code of
Ordinances, requires reasonable and effective controls to pro-.
tect the public health, safety and welfare of the community.
(Ord. No. 79-17, § 2, 4-10-79)
Sec. 18-18. Public nuisances prohibited.
The existence of excessive accumulation or untended growth
of weeds, undergrowth or other dead or living plant life
over twelve (12) inches in height, upon any lot, tract or
parcel of land, improved or unimproved, within one hundred
(100) feet of the boundary line of any improved property
within the incorporated areas of this city 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 breeding place for mos-
quitoes, 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 prop-
erty, is hereby prohibited and declared to be a public nuisance.
Further the accumulation of garbage and trash in violation
of Chapter 16, and the accumulation, storage or maintenance
of junk or trash, except for compost piles, in violation of
section 16-2, City of Melbourne Code, is hereby prohibited and
declared to be a public nuisance. (Ord. No. 79-17, § 3,
4-10-79)
Sec. 18-19. Notice.
If the public works director finds and determines that a
public nuisance as described and declared in section 18-18
hereof exists, he shall so notify the owner of record of the
offending property in writing and demand that such owner
cause the condition to be remedied. The notice shall be given
by registered or certified mail, addressed to the owner or
Supp.No.31
708
§ 18-19 HEALTH AND SANITATION § 18-19
owners of the property described, as their names and addresses
are shown upon the record of the county tax assessor, and
shall be deemed complete and sufficient when so addressed
and deposited in the United States mail with proper postage
prepaid. In the event that such notice is returned by postal
authorities, the director shall cause a copy of the notice to
be served by a law enforcement officer upon the occupant
of the property or upon any agent of the owner thereof. In
the event that personal service upon the occupant of the prop-
erty or upon any agent of the owner thereof cannot be
performed after reasonable search by a law enforcement offi-
cer, the notice shall be accomplished by physical posting on
said property. The notice shall be in substantially the fol-
lowing form:
NOTICE OF PUBLIC NUISANCE
Name of owner
Address of owner
Our records indicate that you are the owner(s) of the
following property in the City of Melbourne, Florida:
(describe property)
An inspection of this property discloses, and I have
found and determined, that a public nuisance exists there-
on so as to constitute a violation of the City of Melbourne
Lot, Junk, Garbage and Trash Clearing Ordinance in that:
(describe here the condition which places the
property in violation)
You are hereby notified that unless the condition above-
described is remedied so as to make it nonviolative of the
City of Melbourne Lot, Junk, Garbage and Trash Clearing
Ordinance within twenty (20) days from the date hereof,
the City of Melbourne will proceed to remedy this condition
and the cost of the work, including advertising costs and
other expenses, will be imposed as a lien on the property if
not otherwise paid within thirty (30) days after receipt of
billing.
Supp.No.31
709
§ 18-19 MELBOURNE CODE
§ 18-21
City of Melbourne, Florida
By
Public Works Director
(Ord. No. 79-17, § 4, 4-10-79)
Sec. 18-20.. Hearing.
Within twenty (20) days after the mailing of notice to
him, the owner of the property may make written request to
the city manager for a hearing before him or one of his
assistants to show that such 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 intro-
duce such evidence as is deemed necessary. The city manager
shall hold hearings on a regular basis at such time and 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. (Ord.No.79-17, § 5,4-10-79)
Sec. 18-21. Condition may be remedied by city.
If within twenty (20) days after mailing of the notice, no
hearing has been requested and the condition described in
the notice has not been remedied, the public works director
shall cause the condition to be remedied by the city at the
expense of the property owner. If a hearing has been held and
has concluded adversely to the property owner, the city man-
ager shall cause the condition to be remedied by the city at
the expense of the property owner.
After causing the condition to be remedied, the director
or city manager shall certify to the director of finance the
expense incurred in remedying the conditino and shall in-
clude a copy of the notice above-described and a copy of the
decision, if any, to the city manager whereupon such expense
shall become payable within thirty (30) days, after which
a special assessment lien and charge will be made upon the
property, which shall be payable with interest at the rate of
Supp.No.31 710
§ 18-21 HEALTH AND SANITATION § 18-41
eight (8) per cent per annum from the date of such certifi-
cation until paid. Such lien shall be enforceable in the same
manner as a tax lien in favor of the city and may be satisfied
at any time by payment thereof including accrued interest.
Upon such payment, the clerk of the circuit court shall by
appropriate means evidence the satisfaction and cancellation of
such lien upon the record thereof and notify the tax collector
of such satisfaction. Notice of such lien may be filed in the of-
fice of the clerk of the circuit court and recorded among the
public records of Brevard County, Florida. (Ord. No. 79-17, §
6, 4-10-79)
Sec. 18-22. Records.
The director of finance shall keep complete records relat-
ing to the amount payable on liens above described and the
amounts of such liens shall be included in tax statements for
ad valorem taxes thereafter submitted to the owners of lands
subject to such liens. Any action taken pursuant to this
chapter in regard to the disposal, abatement or removal of
the conditions herein declared public nuisances shall be con-
sidered cumulative and in addition to penalties and other
remedies provide elsewhere in this Code. (Ord. No. 79-17, §
7, 4-10-79)
Secs. 18-23-18-40. Reserved.
ARTICLE III. MOSQUITO CONTROL*
Sec. 18-41. Breeding places for mosquitoes—Prohibited.
No person shall have, keep, maintain, cause or permit any
collection of standing or flowing water in which any mos-
quitoes breed, or are likely to breed, unless such collection
of water is treated so as to effectively prevent such breeding.
The foregoing shall apply to all and every type of container,
*Cross references—Streets and sidewalks, Ch. 29; water, sewers, and
sewage disposal, Ch. 36; streets, sidewalks, sewer collection and water
distribution lines, § 10-16 et seq.
State law reference—Mosquito control districts, F.S., Ch. 388.
Supp. No.31
711
Indian Harbour Beach Code
Chapter 10
LOT CLEANING*
Sec. 10-1. "Weeds" defined.
The word "weeds" as used in this chapter shall include but
not be limited to any rank vegetable growth which gives off
obnoxious or unpleasant odors and also includes any high and
rank vegetable growth that may conceal pools of water,
trash or any other deposit which might be detrimental to the
health, welfare and safety of the public. (Ord. No. 109, § 1,
9-28-71)
Sec.-10 2 Weeds declared public nuisance
The presence of weeds, grass and other vegetable matter
that may constitute a breeding place for flies, mosquitoes
and other harmful insects, snakes, rodents and other reptiles,
when in such proximity to neighboring structures or of such
height or peculiar characteristics as to be harmful to the
health comfort, safety and welfare of the occupants, users
or owners of such,structures, are-hereby declared to constitute
a nuisance (Ord. NO. 109, § 1, 9-28-71)
Sec. 10-3. Height of weeds.
All lands and lots in the city shall be kept free from weeds
of a height in excess of eighteen (18) inches. (Ord. No. 109,
§ 2, 9-28-71)
Sec. 10-4. Periodic survey, report of violations required.
The city manager shall periodically assign a city employee
to make a survey and report in writing describing any lots or
lands in the city wherein conditions exist in violation of the
provisions of this chapter. Said report shall be delivered to
the city manager with such supporting evidence as may be
required by the manager. Said report shall be sworn to by
the person filing the same with the city manager. (Ord. No. 109, §3, 9-28-71)
*Cross reference---Garbage and trash, Ch. 8.
619
§ 10-5 INDIAN HARBOUR BEACH CODE
Sec. 10-5. Notice to owner required.
On receipt of a report as provided in section 10-4, the
city manager shall cause the city clerk to send a written
notice to the last recorded owner of each such parcel of land
named therein, ordering said owner to abate the nuisance
or violation named therein or to show cause before the city
council at a time and place to be specified in said notice, not
less than ten (10) days from the date of service thereof, why
the same should not be declated to be a nuisance and abated.
Said notice may be served upon the owner personally or by
mail to the last available address for each said owner. If
the name or address of the owner is unknown, notice may
be served upon the owner by posting a copy of said notice
upon the property not less than ten (10) days before the
date of said hearing to show cause. (Ord. No. 109, § 4, 9-28-71)
Sec. 10-6. Form of Notice.
The form of notice sent by the city clerk pursuant to
section 10-5 shall be substantially as follows:
NOTICE
(date)
TO:
ADDRESS:
PROPERTY:
You, as the owner of record of the property above
described, are hereby notified that a nuisance exists upon
property owned by you caused by:
You are hereby notified that on the day of
, 19 at o'clock , at
620
LOT CLEANING §10-8
the city council will meet, at which
time you will be given an opportunity to show orally or
in writing, personally by agent or counsel, why such
nuisance does not exist or why same should not be abated.
You are advised that if the city council shall order
the abatement of such nuisance, you will be allowed thirty
(30) days within which time to effect the same, failing
in which the city council will have it done and the cost
thereof will be levied as an assessment against such prop-
erty.
BY ORDER OF THE CITY COUNCIL
City Clerk
(Ord. No. 109, § 5, 9-28-71)
Sec. 10-7. Hearing and order of council.
At the time and place appointed for the hearing to show
cause the city council shal give to the officers of the city
and to the owner of the property a full opportunity to be
heard and to present any evidence relating to the conditions
on said property and the conditions causing a nuisance, if
any. If, upon hearing, the city council shall determine that a
nuisance exists, it may enter an order requiring the owner to
abate said nuisance within thirty (30) days. Said order may
further provide that, on failure of the owner to abate said
nuisance, the city manager will enter the property and do
all acts necessary to abate said nuisance. (Ord. No. 109, § 6, 9-28-71)
Sec. 10-8. Joinder of separate properties in one order.
Where notice shalll have been given in the manner provided
herein to the owners of more than once parcel of property,
the city council may in one order determine that said nuisance
exists as to all of said properties, and may in oe order, re-
quire each owner to abate said nuisance as to his property,
and it shall not be necessary to enter separate orders on each
parcel of property. (Ord. No. 109, § 7, 9-28-71)
621
§ 10-9 INDIAN HARBOUR BEACH CODE
Sec. 10-9. Abatement by city.
If any owner of any property shall fail to comply with
the order of the council to abate a nuisance within the time
specified in said order, the city manager shall enter the
property and cause said nuisance to be abated and shall re-
cord all sums of money expended by the city to abate said
nuisance. (Ord. No. 109, § 8, 9-28-71)
Sec. 10-10. Assessment of costs of abatement by city.
As soon as feasible after the city manager has abated a
nuisance pursuant to this chapter, he shall calculate and re-
port to the city council the full costs of abating said nuisance
as may be allowed by law; thereupon, the city council shall
by resolution assess such costs against said parcel of land,
setting forth the name of the owner thereof, a description of
the land, and the cause of the assessment. (Ord. No. 109, § 9, 9-28-71)
Sec. 10-11. Recording and notice of assessment.
As soon as possible after the adoption of the resolution
provided for in section 10-10, the city manager shall record
a certified copy of said resolution in the office of the clerk
of the circuit court. The city manager shall also cause the city
clerk to serve the owner of said property a notice of said
assessment which service shall be made as is hereinabove
set forth for serving notice to owner. (Ord. No. 109, § 10, 9-
28-71)
Sec. 10-12. Form of assessment notice.
The form of the assessment notice sent by the city clerk
shall be substantially as follows:
NOTICE
(date)
TO:
ADDRESS:
PROPERTY:
622
LOT CLEANING § 10-13
You, as the owner of the record of the property above de-
scribed, are hereby advised that after due notice to the
owner of the City Council of the City of Indian Harbour
Beach, Florida, did on the day of ,
19 , order the abatement of a certain nuisance existing
on the above described property, such nuisance being
You failed to abate such nuisance, whereupon it was
abated by the city at a cost of $ . Such cost has
been by resolution of the City Council, dated ,
19 levied against the above described property.
You are advised that on the day of ,
19 at o'clock the city council will sit as a board
of equalization at the city hall in Indian Harbour Beach,
Florida, to hear and consider and any all complaints as to
such assessment you or any other person may desire to
make.
BY ORDER OF THE CITY COUNCIL.
City Clerk
(Ord. No. 109, § 11, 9-28-71)
Sec. 10-13. Equalization and confirmation of assessment;
when due; interest.
The city council shall meet at the time and place specified
in the notice provided for in the assessment notice and sit
as a board of equalization to hear and consider any and all
complaints as to such assessment. It shall adjust and equalize
the same on the basis of justice and right. When so equalized
and approved, such assessment shall stand confirmed and re-
main a legal, valid and binding obligation upon the property
owner against whom made until paid. Such assessment shall
be payable at once upon equalization, and shall draw interest
623
§ 10-13 INDIAN HARBOUR BEACH CODE
commendin thirty (30) days from that date at ten (10) per
cent per annum until paid. (Ord. No. 109, § 12, 9-28-71)
Sec 10-14. Enforcement of assessment.
Assessments established pursuant to this chapter, together
with interest, attorney's fees, court costs, and all penalties
allowed by law, shall be enforceable by the city as provided by
law. (Ord. No. 109, § 13, 9-28-71)
[The next page is 675]
624
History File
ORDINANCE NO. 26-83
AN ORDINANCE AMENDING TIDE CITY CODE OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING
CODE CHAPTER 703 "LOT CLEARING" ; DECLARING
CERTAIN CONDITIONS OF PROPERTY TO BE A PUBLIC
NUISANCE; PROVIDING NOTICE TO THE PROPERTY OWNER;
PROVIDING FOR AN ADMINISTRATIVE HEARING AND
REVIEW PROCEDURE; ESTABLISHING LIENS; PROVIDING
FOR THE ENFORCEMENT OF SAID LIENS; PROVIDING
FOR RECORDS; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1 . The City Code of the City of Cape Canaveral is
hereby amended by adding thereto a new chapter to be numbered
Chapter 703, entitled "Lot Clearing" , which new chapter shall
read as follows:
CHAPTER 703
LOT CLEARING
Sec . 703 .01 Declaration of Legislative Intent.
The City Council finds and determines that the rapid,
continuous growth and development of the incorporated
areas of this City require the reasonable and effective
control and regulation of excessive growth and accumulation
of weeds, undergrowth and other plant life to the extent
and in such manner as to cause infestation by rodents and
other wild animals, the breeding of mosquitos and vermin,
or to threaten or endanger the public health, or adversely
affect and impair the economic welfare of adjacent property .
[Ord. 26-73, §1, 3 Jan 84]
Sec. 703 .03 Public Nuisances Prohibited. The
existence of excessive accumulation or untended growth of
weeds, undergrowth or other dead or living plant life over
twelve (12) inches in height, upon any lot, tract or parcel
of land, improved or unimproved, within one hundred (100)
feet of the boundary line of any improved property within
the incorporated areas of this City 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 breeding place
for mosquitos, 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 . [Ord. No. 26-83, §1, 3 Jan 84]
Sec . 703 .05 Notice. If the Building Official finds
and determines that a public nuisance as described and declared
in Section 703 .03 hereof exists, he shall so notify the
owner of record of the offending property in writing and
demand that such owner cause the condition to be remedied.
The notice shall be given by registered or certified mail,
addressed to the owner or owners of the property described,
as their names and addresses are shown upon the record of
the county tax assessor, and shall be deemed complete
and sufficient when so addressed and deposited in the United
States mail with proper postage prepaid . In the event that
such notice is returned by postal authorities, the director
shall cause a copy of the notice to be served by a law
enforcement officer upon the occupant of the property or
upon any agent of the owner thereof . In the event that
Ordinance No. 26-83
Page 1 of 3
personal service upon the occupant of the property or
upon any agent of the owner thereof cannot be performed after
reasonable search by a law enforcement officer, the notice
shall be accomplished by physical posting on said property .
The notice shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of Owner
Address of Owner
Our records indicate that you are the owner (s) of
the following property in the City of Cape Canaveral,
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 the City
of Cape Canaveral Lot Clearing Ordinance in that:
(describe here the condition which
places the property in violation)
You are hereby notified that unless the condition
above described is remedied so as to make it non-
violative of the Cape Canaveral Lot Clearing
Ordinance within twenty (20) days from the date
hereof, the City of Cape Canaveral will proceed to
remedy this condition and the cost of the work,
including advertising costs and other expenses,
will be imposed as a lien on the property if not
otherwise paid within thirty (30) days after
receipt of billing.
If you have any objections or would like clarification
of this notice, contact the City of Cape Canaveral,
105 Polk Avenue, Cape Canaveral, Florida 32920,
telephone (305) 783-1100 .
City of Cape Canaveral, Florida
By:
Building Official
[Ord. 26-83, §1, 3 Jan 84]
Sec. 703 .07 Hearing. Within twenty (20 days after
the mailing of notice to him, the owner of the property `may
make written request to the City Manager for a hearing before
him to show that the condition alleged in the notice does
not exist or that such condition does not constitute a
public nuisance . Within ten (10) days from the hearing date,
the City Manager shall give his decision in writing .
At the hearing, the City and the property owner may
introduce evidence as is deemed necessary. The City Manager
shall hold hearings on a regular basis at such time and place
as he determines, and he shall establish rules and regulations
for the review procedure . [Ord. 26-83, §1, 3 Jan 84]
Sec. 703 .09 Appeal . If the property owner does not
concur with the City Manager' s decision, he may file a written
notice of appeal with the City of Cape Canaveral within ten
(10) days of his having received the City Manager' s decision.
The appeal shall be held by the City Council and shall be
limited to reviewing the City Manager 's decision. The
Council shall issue its decision by either affirming or
reversing by a majority vote . Following the review by the
City Council, the property owner will have exhausted his
administrative remedies .
[Ord. No. 26-83, §1, 3 Jan 84]
Ordinance No. 26-83
Page 2 of 3
Sec . 703 . 11 Condition May Be Remedied By City .
If, within twenty (20) days after mailing of the notice,
no hearing has been requested and the condition described in
the notice has not been remedied, the City Manager shall
cause the condition to be remedied by the City at the
expense of the property owner . If a hearing has been held
and has concluded adversely to the property owner, the City
Manager shall cause the condition to be remedied by the
City at the expense of the property owner .
After causing the condition to be remedied, the City
Manager shall certify to the City Treasurer the expense
incurred in remedying the condition and shall include a
copy of the notice previously described and a copy of the
decision, if any, whereupon such expense shall become
payable within thirty (30) days, after which a special
assessment lien and charge will be made upon the property,
which shall be payable with interest at the rate of
eight percent (8%) per annum from the date of such
certification until paid .
Such lien shall be enforceable in the same manner as
a tax lien in favor of the City and may be satisfied at any
time by payment thereof including accrued interest. Upon
such payment, the Clerk of the Circuit Court shall by
appropriate means, evidence the satisfaction and cancellation
of such lien upon the record thereof and notify the tax
collector of such satisfaction. Notice of such lien may
be filed in the Office of the Clerk of the Circuit Court
and recorded among the public records of Brevard County,
Florida. [Ord. No. 26-83, §1, 3 Jan 84]
Sec . 703 .13 Records . The City Treasurer shall keep
complete records relating to the amount payable on liens
above described and the amounts of such liens shall be
included in tax statements for ad valorem taxes thereafter
submitted to the owners of lands subject to liens . Any
action taken pursuant to this chapter in regard to the
disposal, abatement or removal of the conditions herein
declared public nuisances shall be considered cumulative
and in addition to penalties and other remedies provided
elsewhere in this Code. [Ord. No. 26-83, §1, 3 Jan 84]
SECTION 2 . All portions of the City Code in conflict herewith
are hereby repealed .
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 3rd day of January , 1984 .
[Wayne Rutherford's signature]
Mayor
Attest:
[Patricia J. Beaulieu's signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT YES
FISCHETTI YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER ABSTAINED
Permission to Advertise: 12-6-83
First Reading: 12-20-83
Posted: 12-7-83
Advertised: 12-12-83
Second Reading: 1-3-84
Ordinance No. 26-83
Page 3 of 3
§ 10-15 COCOA BEACH CODE § 10-22
Secs. 10-15-10-21. Reserved.
ARTICLE II. DEBRIS AND DENSE GROWTH*
Sec. 10-22. Enumerated conditions prohibited, declared nui-
sance; notice of violations, penalty.
The existence of debris, rubbish, trash, tin cans, papers,
garbage, stagnant water, and similar deposits and filth; un-
licensed motor vehicles or junked motor vehicles exposed to
weather or motor vehicles not in operating condition exposed
to weather; deteriorated building materials exposed to
weather; holes or depressions in which water from time to
time collects or which tend to create a breeding area or har-
boring area for rodents, wild animals, mosquitoes, and other
pests and insects; a wild intermixed or untended or dense wild
growth or wild noxious or poisonous growth of trees, plants,
vines, weeds, or underbrush, or weeds or grass exceeding
twelve (12) inches high, or any of such conditions, on any
lot, tract or parcel of land within the city, adversely affects
the health, safety, morals or public welfare of the public and
is hereby prohibited and declared to be a public nuisance, and
any owner, lessee, custodian or occupant of any lot, tract or
parcel of land in the city who permits such nuisance to develop
or continue thereon shall, upon conviction thereof, be punished
according to law; and each day of violation hereunder shall
constitute a separate offense; provided, however, that thirty
(30) days written notice of the violation from the city man-
ager to the owner,lessee, custodian or occupant, any or all of
them, intended to be charged with a violation hereof, shall be
given before any offense be charged hereunder, and if the
condition or conditions complained .of in the notice be cor-
•Editor's note—Article II, §§ 10-22-10-26 is derived from Ord. No.
214 which, being nonamendatory of this Code, has been designated as
such article and sections at the discretion of the editors. Said ordinance
specifically repealed Ord. No. 179, § 2, previously codified in Ch. 11 as
§§ 11-16-11-21 pertaining to weeds, grass and undergrowth.
Supp.No.12 844
§ 10-22 GARBAGE, TRASH AND WEEDS § 10-24
rected before charge is made, no offense shall be charged
against the owner, lessee, custodian or occupant. (Ord. No.
214, § 1, 9-2-65; Ord. No. 229, § 1, 5-19-66)
Amendment note—Ord. No. 229, § 1, adopted May 19, 1966, amended
§ 10-22 to read as set out. Formerly, after the words "and other pests
and insects;" said section read: "an intermixed or dense wild growth
of trees, plants,vines or underbrush;".
Cross reference—Personal property under certain conditions designated
a nuisance, § 15-23.1.
Sec. 10-23. Notice,to remove;-procedure.
In addition to the procedure prescribed for prosecution in
section 10-22, if the city manager at any time finds that any
nuisance described in said section exists on any lot, tract or
parcel of land within the city, he shall notify the record owner
of such property in writing at his last known mailing address,
by certified mail with return receipt requested, or by delivery,
that he has found the prohibited condition or conditions men-
tioned in the foregoing section to exist on said lot, tract or
parcel of land and shall specify what condition or.conditions
and demand that such owner cause such condition or condi-
tions to be abated forthwith. He shall also cause a copy of
such notice to be promptly served by a police officer of the
city upon a lessee, occupant, or custodian of the property, or
upon any agent of the owner thereof known to the city man-
ager. The mailing of such notice to the owner shall be suffi-
cient proof thereof, and the delivery of notice shall be equiva-
lent to mailing, provided the city manager also attempts to
effect such service as is herein provided for. If the mailing
address of the owner is not known or if said notification by
mail or by personal delivery cannot be effected, the notice
shall be posted upon the property as notice to the owner there-
of and service shall be attempted as aforesaid. The provision
herein for service of the notice shall be additional notice to the
owner but inability to make such service shall not invalidate
notice which is given the owner in accordance herewith. (Ord.
No. 214, § 2, 9-2-65)
Sec. 10-24. Same—Hearing upon request.
Within twenty (20) days after the mailing or delivery of
the notice referred to in section 10-23 or the posting of
notice as heretofore provided for, the owner of the property
845
§ 10-24 COCOA BEACH CODE § 10-25
shall have the right to request and as soon as possible obtain
a hearing before the city commission, by notice in writing
by certified mail to the city manager, to show that such condi-
tion or conditions do not exist or to show why the condition
or conditions do not adversely affect the health, safety, mor-
als, or public welfare of the public and why the condition
should not be abated by the city at the expense of the owner
of the property. At such hearing, the city and the property
owner may introduce witnesses as deemed necessary. (Ord.
No. 214, § 3, 9-2-65)
Sec. 10-25. Abatement by city at owner's expense; assess-
ment of liens.
(a) If the condition described in a notice given under
section 10-23 has not been abated within twenty (20) days
after the mailing of such notice, and in the event there is a
hearing as provided for in the preceding section, after ten
(10) days' notice by certified mail with return receipt re-
quested or by delivery to the property owner of a decision
of the city commissioners upholding the finding of the city
manager, no abatement having been meanwhile effected, the
city manager shall cause the condition to be abated by the
city at the expense of the owner of the property. After causing
such condition to be abated the city manager shall certify to
the city treasurer the expense incurred, together with his cer-
tificate as to the condition of the property which necessitated
incurring the expense, and a copy of the notice to abate men-
tioned above with proof of mailing or delivery, and service, as
aforesaid, and a certification by him of the result of the hear-
ing before the city commission, whereupon such expense shall
become and constitute a lien and charge upon the property,
which shall be payable, with interest at the rate of six (6) per
cent per annum, from the date of such certification until paid,
at the time ad valorem taxes on the property become due and
payable to the city, which expense and charge shall be a first
and prior lien against the property, subject only to the lien for
taxes due the county and state, and of the same character as
the lien of the city for municipal taxes. Upon failure of the
owner of the property to pay the lien, it may be enforced
in the same manner as tax liens in favor of the city, and shall
846
§ 10-25 GARBAGE. TRASH AND WEEDS § 10-26
be certified by the city treasurer to the city attorney along
with the certification of ad valorem taxes assessed against the
property in the city.
(b) Any property owner shall have a right to have a hear-
ing before the city commission to show cause, if any, why
such expenses and charges should be abated or reduced as a
lien against the property if petition for hearing is made at
least sixty (60) days before such lien and charge is due and
payable; but failure to have had actual notice to abate or
actual notice of the city's intention to abate shall not, of it
self, constitute a basis for relief.
(c) The city treasurer shall keep a complete set of files and
records relating to such liens, and shall include the amounts of
such liens in tax statements for ad valorem taxes thereafter
submitted to the owners of lots, tract or parcels of land sub-
ject to such liens. (Ord. No. 214, § 4, 9-2-65)
Sec. 10-26. Prosecution and/or abatement.
A prosecution under section 10-22 of this article shall not
prevent abatement procedure provided for in section 10-25;
nor shall the use by the city of procedure for abatement pre-
vent a prosecution. (Ord. No. 214, § 5, 9-2-65)
(The next page is 897]
847