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HomeMy WebLinkAboutOrdinance No. 26-1983MICROFILMED 445 -85 ORDINANCE NO. 26 -83 AN ORDINANCE AMENDING THE 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. 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 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 MICROFILUED 445-85 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 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. 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. Ordinance No. 26 -83 Page 2 of 3 1 CROFiLMED 4-15-85 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. 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. 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 Approved as to Form: ty Attorney ITAME , 1984. YES NO 1 Permission to Advertise: 12 -6 -83 CALVERT X ; First Reeding 12 -20 -83 FISCHETTI x posted. 12 -7 -83 NICHOLAS x 12 -12 -83 Advertised: RUTHERFORD x I Second Reading: 1 -3 -84 WINCHESTER Ordinance No. 26 -83 Page 3 of 3