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ORDINANCE NO. 99-0-14
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA, AMENDING AND RESTATING A PORTION OF
CHAPTER 10 (HEALTH AND SANITATION), TO WIT: ARTICLE V
(WEEDS AND GRASS), SECTIONS 10-90 (PURPOSE AND INTENT),
SECTION 10-91 (DEFINITIONS), 10-92 (PROPERTY MAINTENANCE-
DUTY OF OWNER), 10-96 (CITY TO CLEAN UPON FAILURE OF OWNER;
ASSESSMENT OF COSTS, 10-97 (CREATION OF LIEN); CREATING
CHAPTER 10.5 (BURN PERMITS REQUIRED), SECTIONS 10.5-1
(DEFINITIONS), 10.5-2 (BURNING OR BURYING GARBAGE, OTHER
REFUSE), AND 10.5-3 (BURNING OF TRASH AND GROUND COVER) AND
10.5-4 (BURN PERMIT REQUIRED); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND
CODIFICATION.
WHEREAS, due to the current drought and potential for wildfires, the Department of
Fire/Rescue Services has recommended modifications to our current Code regarding the maintenance
of various types of undergrowth; and
WHEREAS, in an effort to minimize the potential of hazardous circumstances to our citizens
and property it is felt that owners of improved, unimproved, commercial or industrial lots should be
required to maintain their property in a more safety conscious manner.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater,
Florida as follows:
PART A.
AMEND AND RESTATE ARTICLE V (WEEDS AND GRASS) OF
CHAPTER 10 (HEALTH AND SANITATION)
Article V.
Weeds and Grass is amended as follows:
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Article V. Weeds:l aDd grass. and brush: standards for property maintenance.
Section 10-90. Findings. Purpose and intent.
The continuous growth and urban development of the City requires the reasonable and
effective control and regulation of excessive accumulation of weeds, grass, brush. undergrowth and
other similar plant life. Standards for property maintenance are necessary to prevent fire hazards:
deposit oflitter: debris or combustible materials: infestation by rodents and other health endangering
wild animals;, the breeding of mosquitos and vermin: or. other nuisances which threaten the public
safety. or endanger the public health or adversely affect the economic welfare of adjacent property.
Section 10-91.
Definitions.
The following words. terms and phrases when used in this section. shall have the meanings
ascribed to them in this subsection. except where the context clearly indicates a different meaning:
W Brush: shall mean the undergrowth of plant species that by virtue of their
arrangement. chemical composition. and growth pattern provide a ready path for uncontrolled fire
to spread. It shall mean herbaceous plants. plants and grasses with stems that wither away annually
or shrubs with woody stems that live from year to year as distinguished from trees. Species included
in this definition shall include. but are not limited to: saw palmetto. gallberry. fetterbush and wax
myrtle.
(h) Fire hazard: shall mean trees. brush or other vegetation which by reason of their
combustible nature during dry periods. their location or condition may cause loss. damage. or injm:y
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to persons or property by reason of fire. Brush on undeveloped lots averaging over three (3) feet tall
within twenty (20) feet of an existing residential structure and pine trees on undeveloped lots
averaging over five (5) inches in diameter at four and one-half (4 1/2) feet above grade spaced in
such a way that the average crown closure is more than seventy-five percent (75%) are considered
fire hazards.
ua Imvroved lot: shall mean any lot to which improvements have been made. including.
but not limited to. change of grade through filling or excavation. installation of water or sewer line.
clearing of property to begin construction. or any other physical alteration which has significantly
disturbed the natural vegetation on the property.
@ Natural area: shall mean areas within larger improved lots where the natural
vegetation has not been cleared or disturbed.
W Natural cover: shall mean trees. brush. roots and other by products of land clearing
activity.
ill Trash: shall have the same meaning as defined in Section 19-60.
(g) Unimvroved lot: shall mean any lot which remains undisturbed and in a natural
vegetative state.
See. 19 91. Section 10-92. Excessive growth prohibited.
No person shall permit weeds, grass, undcrgro'v'.th brush, or other similar plant life to grow
to a height exceeding twelve (12) inches on any property within the city which has been mowed,
cleared, or altered from its original natural state.
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Section 10-93.
Property maintenance - duty of the owner.
The standards and requirements of this section are supplemental and in addition to the
provisions of Chapter 10. Article III. Sections 10-40 et. seq. and Chapter 19. Article VI. Sections 19-
60 et. seq.
W Maintenance of commercial and industrial zoned lots. The owner of every improved
lot. piece and parcel ofland located within a commercial or industrial zone within the city shall keep
each such lot. piece or parcel of land free and clear of all fallen trees and limbs and brush exceeding
twelve (12) inches in height. However. nothing in this subsection shall be construed to require
natural areas located within larger improved lots to be cut to a height less than twelve (12) inches
within such natural areas. Owners of unimproved vacant parcels adiacent to improved parcels shall
keep twenty (20) feet of their parcel that is adjoining an improved parcel of land free and clear of
all fallen trees. limbs and brush exceeding thirty-six (36) inches in height.
au Maintenance of imvroved residential lots. The owner of an improved lot in a
residential zone with lot sizes of one acre or less shall ke~ such lot free and clear of all fallen trees
and limbs. All weeds. grass and brush shall be cut to a height not exceeding twelve (12) inches.
However. nothing in this subsection shall be construed to require natural areas located within larger
improved lots to be cut to a height less than twelve (12) inches within such natural areas.
W Maintenance of unimvroved residential lots. The owner of an unimproved lot in a
residential zone with lot sizes of one acre or less shall keep that portion of the property abutting
within twenty (20) feet of any improved lot. sidewalk. street or bicycle path free and clear of all
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fallen trees and limbs. and all weeds. grass and brush therein shall be cut to a height not exceeding
thirty-six (36) inches within such area.
@ Garbage. waste. trash. etc.. vrohibited. The owner of every lot. piece and parcel of
land located within the city shall keep each such lot. piece and parcel of land free and clear of
garbage. waste. trash. debris and iunk.
W No vroverty maintenance vermit required: other restrictions and requirements
avvlicable. No permit shall be required for the limited property maintenance required by this
section: however. the requirements. restrictions and limitations imposed by other sections of this
Code and applicable provisions of the land development code pertaining to environmental
preservation. tree removal. change of grade. etc.. shall be applicable. In the event of any conflict
between this section and any other provision of this code or applicable provision of the land
development code. the other sections of this code or applicable provisions of the land development
code shall prevail and govern.
See. 10 92. Section 10-94. Enforcement.
Code enforcement officers are hereby designated as the investigating and enforcing
authorities pursuant to this article. Code enforcement officers are authorized and directed to receive
all complaints of violations of this article, make inspections to determine if a violation exists, gather
all relevant information concerning such complaints, provide all required notices and take such other
action as may be reasonably necessary to accomplish the purpose of this article.
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Sec. 10 93. Section 10-95. Notice of violation.
(a) Service. Upon determination by the code enforcement officer that a violation of this
article exists, a notice shall be provided to the property owner by certified mail, return receipt
requested; by hand delivery by the code enforcement officer, a member of the Edgewater Police
Department or other person designated by the city council; or by leaving the notice at the owner's
usual place of residence with any person residing therein who is above eighteen (18) years of age
and informing such person of the contents of the notice. Notice may also be served by publication
by publishing such notice once during each week for four (4) consecutive weeks in a newspaper of
general circulation in Volusia County. The newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes, for legal and official advertisements.
(b) Content. The notice shall require that the owner cause the violation to be remedied
within ten (10) days of receipt or within ten (10) days of receipt to file a written notice of appeal with
the Secretary of the Code Enforcement Board requesting a hearing before the Code Enforcement
Board. The notice shall further state that in the absence of compliance or the filing of a notice of
appeal within the ten day time period, the city shall have the right to enter onto the property and take
such action as is necessary to remedy the violation without further notice to the owner. The actual
costs of such action plus the administrative costs as determined by the city shall become a lien upon
the property until paid. If a written notice of appeal is timely filed with the Secretary to the Code
Enforcement Board, the Secretary shall notify the owner by certified mail, return receipt requested,
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of the date and time when the owner, his agent or representative shall appear before the Code
Enforcement Board to show the board that the condition described in the notice of violation did not
exist at the time the notice was issued. The notice shall also state that if the owner fails to appear
before the Code Enforcement Board at the designated time, in person or by representation, and has
failed to take action to remedy the condition before the date specified for compliance, then the owner
shall be deemed to have authorized the city to enter onto the property and take such action as is
necessary to remedy the violation without further notice to the owner. The actual costs of such
action plus the administrative costs as determined by the city shall become a lien upon the property
until paid.
(c) Ownership. For the purpose of giving notice to the owner, the name and address of
the owner according to the records of the property appraiser of the county shall be used.
See. 10 94. Section 10-96. Hearing before code enforcement board.
( a) The Code Enforcement Board shall provide each property owner who elects to appeal
a notice of violation an opportunity to appear, be heard and to present evidence or testimony. Upon
hearing all testimony and evidence concerning the alleged violation, the Board shall determine
whether or not the condition as described in the notice of violation existed at the time the notice was
issued and, if it is determined to have existed, whether the condition continues to exist and should
be remedied at the expense of the owner. The Board shall inform the owner of its decision at the
meeting.
(b) If the Board determines that the condition as described in the notice of violation did
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not exist at the time the notice was issued then the notice of violation shall be deemed of no further
effect.
(c) If the Board determines that the condition as described in the notice of violation does
exist and should be remedied at the expense of the owner, the owner shall have ten (10) days from
the date ofthe Board's determination to remedy the violation, unless the Board specifies a later date.
Upon the failure of the owner to remedy such violation within the time allowed, the city shall enter
upon the property and take such action as is necessary to remedy the violation without further notice
to the owner.
(d) If action to remedy the violation is taken by the city, the actual costs of such action
plus administrative costs (including the cost of publication) as determined by the city shall be owed
by the owner to the city and shall constitute a lien against the property until paid. If the owner takes
action to remedy the violation after the time allowed, including any extensions if granted, the
administrative costs shall be owed by the owner and shall constitute a lien against the property until
paid.
Sec. 10 95. Section 10-97. Lien against property.
(a) Notice prior to assessment. Prior to the recording of liens, the code enforcement
officer shall provide each property owner with written notice by regular mail of the cost of clearing
the property plus the administrative costs. The notice shall require payment within thirty (30) days
of the date of notice and shall state that it shall constitute a lien against such property ifpayment is
not received within thirty (30) days.
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(b) Lien established. If payment for the costs and expenses is not received within the
thirty (30) day period, an assessment against property upon which remedial action has been taken
by the City pursuant to this Article is hereby authorized. Such assessment shall include the unpaid
balance of the actual cost to the city of clearing the property plus administrative costs or the
administrative costs alone if the owner took remedial action after the time allowed. The assessment
shall also include interest at the rate of twelve (12) percent per annum from the due date. Notice of
such assessment shall be recorded in the public records of the county and shall constitute a lien
against the property until paid. Such lien shall be superior and paramount to the interest in such
lands of any owner. lessee. tenant. mortgage or other person. except the lien of state. county or
municipal taxes. and shall be on parity with lien of such state. county and municipal taxes. If any
such cost. expense or charge is not paid as and when due and is in default for thirty (30) days or
more. the unpaid balance thereof and all interest accrued thereon. together with attorney's fees and
costs. may be recovered and such liens may be foreclosed by the City in the manner provided by the
laws of the State for foreclosure of mortgages on real property. prior to all other lien:5 on :5ueh
property except the lien of :5tate, e01;mty and ml:lftieipal ta-xe:5 and :5hall be on a parity -,"vith the lien
of :5tleh :5tate, cotlftty and Mtmieipa:l tftXes.
(c) Intel est. The prineipa-l amotlftt of a-lllicn3 Ie .ricd ana a83e3Sea ptlfStlant to tm3 article
shall bear :5impIe ifttere:5t at the rete of eight (8) pereent from the date the line i:5 filed. The interest
pro"v"ided for in thi:5 :5ection :5hall al:5o con:5titute a lien agmn3t the property a:53e:5:5cd.
td}(0 Satisfaction. Upon payment to the city ofthe total amount of the lien plus the interest
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accrued thereon, a satisfaction of such lien shall be filed in the public records of the county.
See. 10 96. Section 10-98. Alternative enforcement procedure.
The procedures set forth in this article shall be supplemental to other procedures established
by the city for the enforcement of this Code.
Chapter 10.5 (Bum permits required) to read as follows:
Chapter 10.5 (Durn permits required)
Section 10.5-1.
Definitions.
The definitions contained in Chapter 10. Article V. shall be inco1Jlorated herein and apply
to the provisions of this Chapter.
Section 10.5-2.
Durnin2 or buryinl: I:arbal:e. other refuse.
No garbage. trash. brush. natural cover or other refuse shall be burned except as provided in
section 10.5-4 of this code. and no garbage shall be buried within the city.
Section 10.5-2.
Duminl: of trash and I:round cover.
Uti Conditions for aDen burning of trash and natural cover. Open burning of trash.
brush. and natural cover (as a result ofland clearing) may be permitted by the fire department when
it is determined that:
ill The weather conditions will allow the escape of smoke and fire by products
without being a hazard or nuisance to the surrounding citizens or their property.
ill The location. amount and nature of these materials. when burning. present no
health or safety hazards to the surrounding citizens or their property.
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ill The time of day that materials may be burned and when they must be
extinguished will be established by the fire chief based upon the considerations set forth herein and
those safety practices deemed necessary based on standard fire procedures.
Section 10.5-4.
Burn permit required.
A burning permit must be secured from the fire department prior to each bum and shall be
subject to such conditions as are imposed by the fire department pursuant to section 10.5-3 hereof.
Any violation of the conditions of the burn permit or of any provision of this section shall be cause
for revocation of the permit and may be considered for prosecution as a code violation. misdemeanor
or as a basis for denial of subsequent applications where such violations have been determined by
the fire chief or his designee to have constituted a public hazard. A fee will be assessed to cover the
costs of issuance of each permit. Said fee will be established from time to timeby resolution of the
city council.
PARTB.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions. or parts thereof in conflict with this ordinance.
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional.
inoperative. or void. such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person. property. or
circumstances. such holding shall not affect its applicability to any other person. property. or
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circumstance.
PART D.
CODIFICATION.
Provisions of this emergency ordinance shall be incorporated in the Code of Ordinances of
the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article",
or other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PARTE.
EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption by a two thirds (2/3rds)
vote of the entire City Council.
PARTF.
ADOPTION
After Motion by Councilman Gornto and Second by Councilwoman Lichter, the vote on first
reading reading of this emergency ordinance held on May 3, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 3rd day of May, 1999.
ATTEST:
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By ` r�
Rae y G. Allman
M or
APPROVED FOR FORM
AND CORRECTNESS:
/ K" ' l.i I
' Nikki Clayton
City Attorney