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HomeMy WebLinkAboutCHAPTER #199 ORDINANCE NO.Z~~ AN ORDINANCE TO SECURE AND PROTECT THE GENERAL OmA C S; ISES, LOTS, TRACTS OR PARCELS OF LAND FREE AND CLEAR OF WEEDS, BRUSH, WILD G~SS, UNDERGROWTH, GARBAGE OR OTHER REFUSE, AND UPON THEIR FAILLE TO DO SO AFTER NOTICE, THE CITY OF SEBASTIAN ~Y REMOVE AND CLEAR SUCH PROPERTY, O~ ~VE THE SAME PERFORMED~ AND THE COST THEREOF A LIEN ON SUCH PROPERTY; TO TH~ METHOD OF IMP~ING SUCH LIEN AND TO PROVIDE THE ENFORCEMENT THEREOF; TO P~O~DE FOR COMPLAINTS OF SUCH REMEDY; TO P~OVIDE PENALTIES FOR THE VIOLATIONS OF CERTAIN PROV~IONS OF THIS ORDINANCE; TO PROVIDE A SEPA~BILITY CLAUSE; AND TO PRO,DE THE TIME TH~ O~DINANCE SHALL BECOME EFFECTIVE. ~HEREAS, the Council 6f the City of Sebastian finds that the uncontrolled growth of wild g~ass~ that the presence of weeds, brush~ undergrowth, trash~ filth, garbage or other refuse in the City of Sebastian are menaces to the health and safety ~of residents and property and a blot upon the appearance of the~ City and constitute public nuisances~ and WHEREAS, some property owners or their agents have permitted such sanitary~ unsafe and unsightly conditions to exist and the Council finds it necessary and in the public interest to enact the ordinance provided for herein; THEREFORE~ THE ~TY COUNCIL OF SEBASTIAN DOES HEREBY ORDAIN: SECTION 1 It shall be unlawful for any owner or owners or agents of such owner or owners of any lot~ parcel or tract of land within the City of Sebastian~ Florida to permit weeds, grass or undergrowth to grow thereon to a height of ten (10)inches or more from the ground or to permit rubbish~ trash, debris, dead trees or other unsightly or unsanitary matter to remain thereon. Any conviction for a violation of ..... ~ ~ hundred ($100) dollars this section shall be punishable by a fine of not exce~.d ~s or imprisonment for a term not exceeding thirty (30) days, or both, for each such offense. The penalty provision hereof does not relieve one from the remedies provided in other sections hereof. SECTION 2 That 'upon the failure of the owner or owners 0f any lot, parcel or tract of land within the CiW o~ Sebastian, Florida, to keep such premises free of weeds, grass or undergrowth of a height of ten (10) inches or more from the ground, or of rubbish, trash, debris, dead trees or other unsightly or unsanilary matter, then it shall be the duty of the City Clerk to give notice to such owner or owners of his violation of this ordinance and to demand compliance within fifteen (15) days after the date of such notice, This notice shall be by mail. SECTION 3 Should any owner or owners of such premises fail to remedy the con- ditions existing in violation of the requirements hereof after such notice by the City Clerk, then the City Clerk shall certify the same to the City Council. together with his estimate of the probable costs of doing the work necessary to remedy such condition. SECTION 4 The City Council shall then continue the procedure for the enforcement of the requirements of this ordinance and the removal or remedying of conditions violative hereof by passage of a resolution finding and determining that certain described property or properties within the City are in such condition as to be in violation of the requirements set forth herein~ One resolution may include any number of separate lots. parcels or tracts of land. Such resolution shall set forth the legal description of such lots. parcels or tracts of land. and the estimated cost of clearing such land or the removal or remedying the condition thereof found to be violative of this ordinance, and shall direct the City Clerk to serve notice upon the owner or owners, or their agents thereof to comply with the requirements of this ordinance within fifteen (15) days after the serving of such notice, and to proceed to have the condition thereof remedied upon failure of the owner or owners to do so within the aforesaid fifteen (15) day period. Such notice to be by personal service or by certified mail. addressed to the owner or owners of the property described as their names and addresses are shown upon the records of the Tax Assessar of this City, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid. The notice shall be in sub- stantially the following form: NAME OF OWNER OWNER -2- Our records indicate you to be the owner(s) of the following property in the City of Sebastian, Florida: (Describe property) An inspection of this property discloses, and the City Council hereby finds (determined) it to be in such condition as to be in violation of Ordinance No~ because (Here state why property is in violation, i. e-, height of grass, undergrowth, etc,) Ordinance No. of this City provid es that it is unlawful for you to permit this condition to continue, and you are hereby notified thai unless this condition is remedied so as to make it nonviolative of Ordinance No. , within fifteen (15) days from the date hereof, the City of Sebastian, Florida, will pro- ceed to remedy such condition, and the cost of such work will be imposed as a lien upon this property. Our estimate of the probable cost is $ . Very truly yours, (City Clerk) SECTION 5 Upon the failure of the owner or owners of such lots, parcels or tracts of land to remedy the condition of such premises found to be violative of the requirements of this Ordinance, within fifteen (15) days after giving notice as above provided, then the City Clerk shall have such condition remedied, either by con- tract or direct labor, or by a combination of both methods, provided, however, that the cost thereof chargeable to the owner shall not exceed the amount of cost estimated for such work in the initial resolution. SECTION 6 Upon passage of the initial resolution determining certain described lot or lots, tracts or parcels of land to be in such condition as to be in violation of the requirements of this ordinance, the City Tax Assessor shall enter into a book which shall be prepared and kept for that purpose, which shall be kept open for public inspection in his said office and which shall be designated as the "Sanitary Lien Book", the legal descriptions of the lots, tracts, or parcels of land involved, the name of the owner or owners thereof as shown on the records of the Tax Assessor of the City, the number and date of the initial resolution, and the estimated cost of remedying the conditions as described therein. Thereafter, as the procedure required hereby is accomplished or takes place, there shall be entered into such -3- book the date of completion of the work, the final cost of each work, the payment or other disposition of the lien for such work, and such other information as may be required or convenient, or the fact that the owner of such premises has complied with the terms of the ordinanCe as directed. SECTION 7 As soon as practicable after completion of the work, if such work be done by the City, the City Clerk shall execute or cause to be executed, and file a statement of costs and completion of work, which shall certify the completion of work by the City, the date of completion, and the cost thereof. The City Clerk shall thereafter cause to be published in a newspaper of general circulation in Indian River County. Florida, a notice giving the description of the property, the amount of the cost of the work, the date of completion of the work and the fact that the cost thereof is a lien against the property. SECTION 8 The cost of clearing such lands, or removing or remedying the condition thereof, found to be violative of this ordinance, shall be and become a lien against such lands and properties, to the same extent md character as the lien for special assessments, as of the date of completion of the work by the City; provided, that any person owning all or any interest in said property shall have the right at any time within fifteen (15) days after publication of the notice of completion of work aforesaid to present to the City Clerk a sworn petition stating his or her interest in the property and alleging that in the opinion of the said petitioner the cost of the work as entered in said Sanitary Lien book exceeds the actual cost thereof or is otherwise erroneous. Such petition shall thereupon be presented to the City Council for its consideration at the next regular meeting, at which time and place the City Council shall consider the same and make due inquiry into the questions involved and if it shall offer to the satis- faction of the City Council that the cost so entered is erroneous, then the City Council shal~ by resolution so declare and shall have the entry thereof in the Sanitary Lien Book corrected and shall fix and confirm the amount to be charged against such lot, parcel or tract of land as it shall find just and proper, and the amount so fixed shall stand as the amount of the lien, effective as of the date of completion of the work aforesaid; or the City Council may confirm the lien in the amount as originally entered in the Sanitary Lien Book~ SECTION 9 The lien for the cost of clearing such lots, parcels or tracts of land or of removing or remedying the condition thereof found to be violative of this ordinance, shall become due and payable fifteen (15) days after publication of the notice of completion of such work, except in cases where a petition is filed within such period as aforesaid, and whereupon consideration of such petition the City Council has changed and corrected the amount of lien as entered in the Sanitary Lien Book, and in such cases the lien shall become due and payable fifteen (15) days after such City Council action. After the respective due dates above fixed, all unpaid liens shall become delinquent and shall thereafter bear interest at the rate of one and one-half per cent each month for each month payment is delinquent. Said lien shall remain superior in dignity to all other liens except liens for taxes until paid. Upon the failure of any owner to pay such lien prior to the time the same becomes due and pay- able, the City Council shall by resolution cause to be brought the necessary legal proceedings by bill in chancery to enforce payment thereof, with all accrued interest, together with all legal costs incurred~ including a reasonable attorney's fee to be assessed as a part of the costs. Such foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in such proceedings. SECTION 10 Notice of hearing complaints of action of City Council in the enforcement of the remedies herein provided and actions thereon shall be substantially in accordance with the provisions of the laws of the State of Florida with respect to assessments for local improvements. SECTION 11 In the event any section, subsection, paragraph or clause contained herein shall be declared unconstitutional or invalid by a court of competent jurisdic- tion, such declaration shall not affect the remaining provisions hereof which shall remain in full force and effect. SECTION 12 All Ordinances or parts of Ordinances in conflict herewith or incon- sistent with the provisions of this ordinance are hereby repealed. This ordinance shall become effective ten days after enactment. I hereby certify that the foregoing Ordinance was finally passed by the City Council on the ~Y;'Y~ day of J~Z ~ , 1962. Mayor I hereby certify that I posted a true copy of the above and foregoing Ordinance in-ihe' City Hall of the City of Sebastian, Florida, after passage of said Ordinance on first reading and at least five days before the passage of said Ordinance on second reading, and I posted a true copy of said Ordinance in the City Hall after final passage, ..... City,,,,Clerk ~ -6-