HomeMy WebLinkAboutO-08-08ORDINANCE NO.0-08-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES SECTION 66-3, NUISANCES: ILLUSTRATIVE
ENUMERATION; PROVIDING FOR DEVELOPMENT OF GUIDELINES,
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the extensive residential construction in recent years has resulted in a
predominance of developed lots within the neighborhoods of the City; and
WHEREAS, overgrown lots present a fire hazard to adjoining homes during droughts; and
WHEREAS, undeveloped lots left in their natural state provide environmental benefits such
as habitat for threatened and endangered animal species in the City; and
WHEREAS, the City seeks~to balance these considerations in the best interests of the
citizens of Sebastian;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is
hereby amended to read as follows:
Sec. 66-3. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be or
remain on any public or private property of any of the following items,
conditions or actions is hereby declared to be and constitute a nuisance;
provided, however, this enumeration shall not be deemed or construed to be
conclusive, limiting or restrictive:
(11) Growth of weeds, grass, vines, undergrowth or other vegetation (but
not protected species):
a) upon improved real property, when above a height of ten inchesz
or
b) upon unimproved real property when such growth encroaches
upon adjoining improved real property such that it:
i) causes, or is in imminent danger of causing, damage to
the adjoining property, or
ii) creates an unreasonable maintenance burden upon said
adjoining property.
Nothing herein shall relieve the landowner of any requirement to
obtain appropriate permits for removal of .such vegetation {See
Resolution R-08-14}.
Section 2. GUIDELINES. The City shall, in consultation with federal and state
regulatory agencies, develop guidelines to safeguard protected plant and animal species in the
application of this Ordinance. These guidelines shall be formally adopted by resolution and may
be modified from time to time following written notice of the proposed modifications to the
concerned agencies.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City Council of the City of Sebastian did not intend to
enact such invalid provision. It shall further be assumed that the City Council would have
enacted the remainder of this Ordinance without said invalid provision, thereby causing said
remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect thirty days
following its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Paternoster .The motion was seconded by Councilmember Neglia and,
upon being put to a vote, the vote was as follows:
Mayor Andrea Coy aye
Vice-mayor Sal Neglia aye
Councilmember Al Paternoster aye
Councilmember Dale Simchick aye
Councilmember Eugene Wolff aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of
August , 2008.
ATTEST•
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Sally A. M ' , MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By: ~
Mayor Andrea Coy
Approved as to form and legality for
reliance by the City of Sebastian only:
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Rich Stringer, City torney