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ORDINANCE NO. 94-0-05
AN ORDINANCE REGARDING WEEDS AND GRASS;
CREATING ARTICLE V (WEEDS AND GRASS) OF
CHAPTER 10 (HEALTH AND SANITATION) OF THE CODE
OF ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR FINDINGS, THE PROHIBITION OF
EXCESSIVE GROWTH, ENFORCEMENT, NOTICE OF
VIOLATION, HEARING BEFORE THE CODE ENFORCEMENT
BOARD, A LIEN AGAINST PROPERTY, AND EFFECT AS
AN ALTERNATIVE ENFORCEMENT PROCEDURE; AMENDING
ARTICLE III (CLEANLINESS AND SANITATION OF
PREMISES) OF CHAPTER 10 (HEALTH AND
SANITATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA, BY DELETING REFERENCES TO
THE HEIGHT OF GRASS AND WEEDS IN SECTIONS 10-
43 (FREEDOM FROM ACCUMULATIONS AND VEGETATION
-- DUTY OF OWNER), 10-44 (SAME -- DECLARATION
OF ILLEGALITY AND NUISANCE) AND 10-45
(INSPECTION TO DETERMINE PROHIBITED
CONDITIONS); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AND EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. The reasonable and effective control and regulation of
excessive accumulation of weeds, grass, undergrowth and other
similar plant life is essential for the protection of the health
and welfare of the citizens of Edgewater.
2. The current height standard of twenty-four inches for
weeds and grass is not appropriate given the continuous growth and
urban development of the City.
3. The current method of enforcement has proved to be
ineffective and time consuming.
4. It is in the best interests of the citizens of Edgewater
that a new enforcement method be established for the regulation of
grass, weed, and undergrowth height.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. CREATION OF ARTICLE V (WEEDS AND GRASS) OF
CHAPTER 10 (HEALTH AND SANITATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA
Article V is created to read as follows:
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Underlined passages are added.
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ARTICLE V. WEEDS AND GRASS.
Section 10-90. Findings.
The continuous qrowth and urban development of the City
requires the reasonable and effective control and requlation of
excessive accumulation of weeds, qrass, underqrowth and other
similar plant life. Standards are necessary to prevent infestation
by rodents and other health endanqerinq wild animals, the breedinq
of mosquitos and vermin which threaten or endanger the public
health or adversely affect the economic welfare of adjacent
property.
Section 10-91. Excessive Growth Prohibited.
No person shall permit weeds, qrass, underqrowth, or other
similar plant life to qrow to a heiqht exceedinq twelve (12) inches
on any property within the City which has been mowed, cleared, or
altered from its oriqinal natural state.
Section 10-92. Enforcement.
Code Enforcement officers are hereby desiqnated as the
investiqatinq 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
concerninq such complaints, provide all required notices and take
such other action as may be reasonable necessary to accomplish the
purpose of this Article.
Section 10-93. 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 Edqewater Police Department or other person
desiqnated by the City Council: or by leavinq the notice at the
owner's usual place of residence with any person residinq therein
who is above eighteen (18) years of aqe and informinq such person
of the contents of the notice.
Notice may also be served by
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publication by publishinq such notice once durinq each week for
four (4) consecutive weeks in a newspaper of qeneral circulation in
Volusia County. The newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes, for leqal 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 requestinq a
hearinq before the Code Enforcement Board.
The notice shall
further state that in the absence of compliance or the filinq 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
The actual costs of such action plus the administrative
owner.
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 aqent 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 desiqnated 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 puq)ose of givinq notice to the
owner, the name and address of the owner according to the records
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of the property appraiser of the county shall be used.
Section 10-94. Bearina 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 concerninq 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 meetinq.
(b) If the Board determines that the condition as described
in the notice of violation did 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 of the 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
(includinq the cost of publication) as determined by the City shall
be owed by the owner to the City and shall constitute a lien
aqainst the property until paid.
If the owner takes action to
remedy the violation after the time allowed, includinq any
extensions if qranted, the administrative costs shall be owed by
the owner and shall constitute a lien aqainst the property until
paid.
Section 10-95. Lien against orooertv.
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(a) Notice prior to assessment. Prior to the recordinq of
liens. the Code Enforcement officer shall provide each property
owner with written notice by reqular mail of the cost of clearinq
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 aqainst such property
if payment is not received within thirty (30) days.
(b) Lien established. If payment 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 actual
cost to the City of clearinq the property plus administrative costs
or the administrative costs alone if the owner took remedial action
after the time allowed.
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 prior
to all other liens on such property except the lien of state.
county and municipal taxes and shall be on a parity with the lien
of such state. county and municipal taxes.
(c) Interest. The principal amount of all liens levied and
assessed pursuant to this article shall bear simple interest at the
rate of eiqht percent (8%) from the date the lien is filed. The
interest provided for in this section shall also constitute a lien
aqainst the property assessed.
( d)
Satisfaction.
Upon payment to the City of the total
amount of the lien plus the interest accrued thereon. a
satisfaction of such lien shall be filed in the public records of
the County.
Section 10-96. 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.
PART B. AMENDMENT OF ARTICLE III
SANITATION OF PREMISES) OF CHAPTER
SANITATION) OF THE CODE OF ORDINANCES
(CLEANLINESS
10 (HEALTH
AND
AND
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Section 10-43 is amended to read as follows:
Section 10-43. Freedom from Accumulations and Veqetation -- Duty
of Owner.
It shall be the duty of every owner of land lying in the city
to keep the same clear and free from rubbish, debris, trash,
garbage and other unsightly accumulation~1 and it ohall be the duty
of ev'ery mmer of land lying in the city to J{Cep the cut ljraoo and
'ii..eedo on oaid land cut 00 that the oame never encecdo the height of
twenty four (24) incheo.
Section 10-44 is amended to read as follows:
Section 10-44. Same -- Declaration of Illeqality and Nuisance.
The allowing of debris, rubbish, garbage, trash, tin cans,
papers or other unsanitary accumulations or the allmiing of 'iiiCedo
and/or graoo in enceoo of twenty four (24) inch.eo in height from
the ground to develop on any lot, tract, or parcel of land in the
city to the extent that it constitutes or may reasonably become a
menace to life, property, health, the public welfare, or provide a
nest and/or breeding ground for mosquitoes, rats, mice, other
rodents, snakes and other types of pests and vermin shall be
unlawful and hereby prohibited and declared to be a public
nuisance.
Section 10-45 is amended to read as follows:
Section 10-45. InsDection to Determine Prohibited Conditions.
It shall be the duty of the sanitation officer to make
periodic inspections of the city for the purpose of determining
whether debris, rubbish, garbage, trash, tin cans, papers, or other
unsani tary conditions have accumulated or occurred, or 'iil7hether
weedo and/or graoo in exceoo of twenty four (24) incheD in height
from the ground hao developed on any lot, tract, or parcel of land
within the city to the extent that it constitutes or may reasonably
become a menace to life, property, health, the public welfare or
provides a nest and/or breeding ground for mosquitoes, rats, mice,
other rodents, snakes, and other types of pests and vermin.
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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 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 F shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
February 7, 1994, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilwoman Martin and Second by Councilman
Jones, the vote on the second reading of this ordinance was as
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follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 22nd day of February, 1994.
ATTEST.. -
Susan J—Wadsworth
City Clerk
CITY COUNCIL OF THE
CITY/OF EDGEWATER, FLORIDA
A
By:
Jack H. an, 3 .
Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
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