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HomeMy WebLinkAboutO-81-04 .. . e e ORDINANCE NO, 0- 81- Lf- AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES, CITY OF SEBASTIAN, CONCERNING NUISANCES, BY CREATING SEC, 16-1,1; DECLARING COUNCIL INTENT; CREATING SEC, 16-2,1; REGARDING NOTICE OF VIOLATION; AMENDING SEC, 16-3, REGARDING FORM OF NOTICE; AMENDING SEC, 16-4, PROVIDING FOR HEARING; AMENDING SEC, 16-5, REGARDING REMEDYING OF CONDITON BY CITY AND IMPOSING LIEN; AMENDING SEC, 16-6, REGARDING "SANITARY LIEN BOOK"; CREATING SEC, 16-7, AUTHORIZING RULES AND REGULATIONS; CREATING SEC, 16-8, PENALTY FOR VIOLATION; PRESERVING RIGHTS; PROVIDING EFFECTIVE DATE, THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA HEREBY ORDAINS: SECTION I, That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding two sections to be numbered Section 16-1,1, and 16-2,1, which said sections shall read as follows: Section 16-1,1. Council Intent. "The City Council of the City of Sebastian finds and determines that the continuous growth and urban development 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 health en- dangering 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, These findings are not to be construed to be in conflict with the intent of the Council to encourage the protection of trees in this community, Further, the Council finds and determines that the accumulation of garbage and trash and the accumulation, storage and maintenance of junk or trash requires reasonable and effective control to protect the public health, safety and welfare of the community," Section 16-2,1 Notice of Violation - Generally 'Upon the failure of the owner or owners of any lot, parcel or tract of land within the City of Sebastian to keep such premises free of weeds, grass and undergrowth of a height of ten inches or more from the ground, or of rubbish, trash, debris, dead trees, or other unsightly or unsanitary matter, or to keep such premises free of excavations or depressions, or other nuisances as provided in See, l6~2, provided above, then it shall be the duty of the Mayor to give such notice to such owner or owners of his violation of this article and to demand elimination of the violation within thirty (30) days after the receipt (or posting) of such notice." e e e SECTION II. That Sections l6~3, 16-4, l6~5 and 16-6 of the Code of Ordinances, City of Sebastian, Florida, are hereby amended to read as follows: "Section l6~3 Notice Procedure and Form, The notice required by Section 16-2,1, above, shall be given by certified mail, addressed to the owner or owners of the property described, as their names and addresses are then shown upon the tax roll of the County Property Appraiser, as of the date received (or posted), In the event that such notice is returned by postal authorities without evidencing receipt thereof by the addressee or other adult occupant of the premises, the Mayor shall cause a copy of the notice to be served by a police officer of the City of Sebastian upon the occupant of the property, or upon any agent of the owner thereof, if located in Indian River County, In the event that personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after two (2) attempts by such officer, the notice shall be accomplished by physically posting same on the said property." The Notice shall be in substantially the following form: NOTICE OF PUBLIC NUISANCE Name of Owner Address of Owner Public records indicate that you are the owner(s) of the following property in the City of Sebastian, Florida: (describe property) An inspection of this property discloses, and the Street Department has found and determined that a condition exists thereon which is a violation of Section 16-2 of the Code of Ordinances of the City of Sebastian 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 said Section 16-2 of the Code of Ordinances of said City within thirty (30) days from the date of receipt hereof, the City of Sebastian 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 paid within fourteen (14) days after receipt of billing. If you have any questions, please phone the Street Department of the City, If you dispute that said alleged conditions exist on said property, you may request a hearing -2- e e e before the City Council to show good reason why said condition should not be corrected, Such notice must be in writing and must be postmarked by a date not later than ten (10) days after your receipt of this notice by you or the occupant of the premises, and addressed to City Clerk, City Hall, CITY OF SEBASTIAN, FLORIDA By Mayor "Section 16-4. Hearing before City Council -Procedure Within ten (10) days after the receipt of Notice or after the service or posting of such notice on the property, the owner of the property may make written request to the City Clerk of the City of Sebastian for a hearing before the City Council to show that the condition alleged in the notice does not exist, or other reason why the alleged violation should not be corrected, At the hearing, the City and the property owner may introduce such evidence as is appropriate." "Section l6~5, Condition may be remedied by the City and Lien Imposed, If within ten (10) days after the giving of notice, no hearing has been requested in writing and the condition described in the notice has not been completed within thirty (30) days after receipt (or posting) of notice, the Mayor shall cause the condition to be remedied at the expense of the property owner, If a hearing has been held and is concluded adversely to the property owner, and the condition is not remedied by the owner within thirty (30) days after said hearing, the Mayor may cause the condition to be remedied at the expense of the property owner unless the City Council directs otherwise, After causing the condition to be remedied, the Mayor shall certify to the Director of Finance the expense incurred in remedying the condition, including advertising costs and all other expenses incurred by the City in correcting the condition whereupon such expense shall become due and payable in full within fourteen (14) days after receipt of the bill therefor, after which a special assess- ment lien and charge will be made upon the property, which lien shall be payable with simple interest at the rate of one and one-half (1-1/2%) percent per month on the unpaid balance from the due date until paid. Such lien shall be enforceable in the same manner as provided by law, and may be satisfied at any time by payment thereof, including accrued interest, Upon such payment, the Director of Finance shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof, Notice of such lien may be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Indian River County, Florida, and shall be filed by the City's Sanitary Lien Book," Section 16-6, Sanitary Lien Book, Upon the certification to the Director of Finance by the Mayor of the expense incurred in remedying -3", . ' . e e e the condition as provided in Section 16-5, above, the Director of Finance shall enter in a book which shall be prepared and kept for that purpose, and which shall be designated as the "Sanitary Lien Book", the legal description of the lots, tracts, or parcels of land involved, the name of the owner or owners thereof and the cost of remedying the conditions as described therein, which shall constitute the legal requirements for the acquiring of a lien on the part of the City of Sebastian against the property described therein for the cost of remedying the conditions violative of Section 16~2, above." SECTION III, That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding two sections to be numbered Sections 16-7 and 16-8, which said sections shall read as follows: Section 16-7. Rules and Regulations Authorized, "The Mayor is hereby authorized to promulgate and adopt such reasonable rules and regulations as may be needed to effectuate and enforce the intent of this ordinance. Said rules and regulations shall be subject to approval by the City Council and three (3) copies of which shall be kept on file in the office of the city clerk, all of which are hereby made a part hereof as fully as if completely incorporated herein." Section 16-8, Penalty for Violation. "Any person, or association of persons, partnership or corporation violating any of the provisions of this article, upon conviction thereof, shall be punished as provided in Section 1-10 of this Code, 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 IV. Nothing in this ordinance shall be construed to affect any suit or proceeding now pending In any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance amended or repealed hereby, Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance, -4'C ........ . . . . SECTION V, The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. SECTION VI. All ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions hereof are hereby repealed, * * * * * I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the (rIL day of ~ ' 1981. MaYOr~t~~ ATTEST: ~~I\j City Cle I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at 7 ,'~O o'clock, on the I?f{ day of ~~ 1981, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the 18tL day of ~~ C1j~l?~~, , 198~, ",5~