HomeMy WebLinkAboutOrdinance No. 10-95•
ORDINANCE NO. 10 -95
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 34, ENVIRONMENT,
ARTICLE IV, WEEDS AND DEAD VEGETATION, BY AMENDING
SECTIONS 34 -121, INTENT, 34 -122, PUBLIC NUISANCES PROHIBITED,
34 -124, HEARING, 34 -125, APPEAL, AND 34 -126, REMEDY BY THE
CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has determined
that the rapid, continuous growth and development of the incorporated areas of the City require
the reasonable and effective control and regulation of excess growth and accumulation of weeds
and undergrowth; and
WHEREAS, the City Council of the City Canaveral, Florida, has determined that the
failure to effectively control and regulate the excessive growth and accumulation of weeds and
undergrowth may threaten or endanger the public health and has an adverse impact or
impairment to the economic welfare of adjacent property; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has determined
that excessive growth or other plant life may furnish a potential harborage of breeding place for
disease - carrying insects, arthropods, animals or poisonous snakes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has determined
that aesthetics is an important component in the character of an area, compatibility with
surrounding land uses, and maintenance of property values.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, as follows:
SECTION 1. Section 34, Article IV, Weeds and Dead Vegetation, Section 34 -121,
• Intent, is hereby deleted and repealed in its entirety, and the following is adopted in lieu
City of Cape Canaveral, Florida
• Ordinance No. 10 -95
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thereof:
34 -121. Intent. The presence of weeds, brush and rank vegetation (excluding: shade
trees, ornamental shrubs, fruit trees, domesticated berry bushes and vines, cover crops,
domesticated grains and plantings, and cultivated wild flowers) on all properties in City
are a menace to the public safety, health and welfare as they:
A. Cause a fire hazard;
B. Furnish cover for prowlers;
C. Obstruct visibility as street intersections;
D. Furnish a potential harborage or breeding place for disease - carrying insects,
arthropods, animals, and poisonous snakes; and
E. May adversely affect and impair the economic welfare of adjacent property.
SECTION 2. Section 34, Article IV, Weeds and Dead Vegetation, Section 34 -122,
Public Nuisances Prohibited, is hereby deleted and repealed in its entirety, and the following
is adopted in lieu thereof:
34 -122. Public Nuisances Prohibited.
A. All grass areas and yards on improved property shall be properly maintained in
a neat and attractive manner and kept free of dead plants, refuse, debris, and shall
be maintained further in a manner such that grass, weeds and other rank
vegetation shall not exceed six inches (6 ") inches in height.
B. All unimproved property in the City shall be maintained in a manner such that
weeds and rank vegetation shall not exceed twelve inches (12 ") in height
provided, however, that with respect to property or portions of property
containing wild lands inn their native state, not previously cleared, such as a
natural hammock, this height limitation shall apply only to the first fifteen feet
(15') of such lands abutting a public street or right of way, unless such lands
constitute an approved buffer zone under the code of the Cit of Cape Canaveral.
• SECTION 3. Section 34, Article IV, Weeds and Dead Vegetation, Section 34 -124,
City of Cape Canaveral, Florida
• Ordinance No. 10 -95
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•
•
Hearing, is hereby deleted and repealed in its entirety.
34 -124 (reserved)
SECTION 4. Section 34, Article IV, Weeds and Dead Vegetation, Section 34 -125,
Appeal, is hereby deleted and repealed in its entirety.
SECTION 5. Section 34, Article IV, Weeds and Dead Vegetation, Section 34 -126,
Remedy by the City, is hereby deleted in its entirety, and the following is adopted in lieu
thereof:
34 -126. Remedy by the City.
A. Upon failure, neglect or refusal of any owner or agent notified as provided in this
Article to cut, destroy or remove weeds, grass, trash, rubbish, or other matters
as required under the notice provided in Section 34 -123, within ten (10) days
upon receipt of the notice, the City may, in addition to other penalties provided
for in this Code, pay for the cutting, destroying or removing of such material or
effect the removal by the City.
B. After causing the condition to be remedied, the building official shall certify to
the city treasurer the expense incurred in remedying the condition and shall
include a copy of the notice whereupon such expense shall become payable within
thirty (30) days. After the thirty (30) days, a special assessment lien in charge
will be made against 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.
C. Such liens shall be enforceable in the same manner as a tax lien in favor of the
City and may be satisfied at any time of 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 the county.
SECTION 6. SEVERABILITY. If any section, paragraph, phrase, or word of this
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•
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 7. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day
of August., i995 +o b
ATTEST:
San ra I0 Si TY CLERK
APPROVE 1 AS TO FORM:
001411k
Kohn Bennett, C • TTORNEY
ohn K. Porter, MAYOR
NAME FOR AGAINST
BERGER X
NICHOLAS X
PETSOS ABSENT
PORTER X
RANDELS x
First Reading: 7 -18 -95
Posted: 7 -19 -95
Published: 7-21-95 & 8-5-95
Second Reading: 8 -15 -95
c: Deborah Haggerty; Finance Director; Michael Gluskin, Public Works Dir.;
Jim M organ, Building Official; Municipal Code Corporation