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ORDINANCE NO. 99-0-19
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA,
MODIFYING CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V
(WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE) BY AMENDING SECTION 10-95 (NOTICE OF
VIOLATION) AND SECTION 10-96 (HEARING BEFORE CODE
ENFORCEMENT BOARD); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, on May 3, 1999, the City Council adopted Emergency Ordinance No.
99-0-14 which amended Chapter 10 (Health and Sanitation), Article V (Weeds and Grass), by the
addition of regulations establishing standards for maintenance of developed and undeveloped
residential lots if located adjacent to developed property; and
WHEREAS, in order to encourage and facilitate compliance with these new maintenance
standards, the City has recommended enlargement of the time for compliance from ten (10) to forty-
five (45) days after receipt of notice of violation from the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edge water,
Florida as follows:
PART A.
AMEND CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V
(WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE) BY AMENDING SECTION 10-95 (NOTICE OF
VIOLATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA.
Section 10-95 is amended to read as follows:
Section 10-95.
Notice of violation.
(b) Content. The notice shall require that the owner cause the violation to be remedied
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within ten (10) forty-five (45) calendar days of receipt or within ten (10) forty-five (45) calendar 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 forty-five (45) 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, 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.
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PART B.
AMEND CHAPTER 10 (HEALTH AND SANITATION), ARTICLE V
(WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE) BY AMENDING SECTION 10-96 (HEARING
BEFORE CODE ENFORCEMENT BOARD) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Section 10-96 is amended to read as follows:
Section 10-96.
Hearing before code enforcement board.
(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 5hall have ten (10) day 5 flom
the date oft11e Doald' 5 determination the Board shall determine the amount of time within which the
owner may be allowed to remedy the violation and come into compliance, unlc55 the DOald 5pccifie5
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.
PART C.
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 D.
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 E.
CODIFICATION.
Provisions of this 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 C through G shall not be codified.
PART F.
EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption.
PART G.
ADOPTION
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
first reading reading of this ordinance held on August 2, 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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After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
second reading/public hearing of this ordinance held on August 16, 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
PASSED AND DULY ADOPTED this 16th day of August, 1999.
ATTEST:
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: w
Ran v G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
/Ltf! CGS C�l1 .
Nikki Clayton
City Attorney