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567ORDINANCE NO. 567 AN ORDINANCE PROVIDING FOR THE CLEARING OF TRASH AND OTHER DEBRIS AND THE CUTTING OF GRASS OF EXCESSIVE HEIGHT; DECLARING THE ACCUMULATION OF TRASH AND OTHER DEBRIS AND GRASS TO AN EXCESSIVE HEIGHT TO BE A PUBLIC NUISANCE; DECLARING THE DUTIES OF OWNERS OF LAND TO MAINTAIN THEIR LAND IN A SAFE AND SANITARY CONDITION; PROVIDING FOR A PENALTY TO DO SO; PROVIDING FOR THE ABATEMENT OF SAID NUISANCE BY THE CITY; PROVIDING A LIEN IN FAVOR OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the continued growth and development of Edgewater, Florida, both as to population and as to additional construction has created an urgent need for future protection to the public in regard to health, sanitation, safety and economical welfare, and WHEREAS, .the City Council finds and determines that in the interest of public health, sanitation, safety and economical welfare a reasonable and effective control and regulation of grass, weeds, undergrowth, rubbish, debris, garbage, trash and other unsanitary conditions must be made and provided for. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1. It shall be the duty of every owner of land lying in the Corporate Limits of the City to keep the same clear and free from rubbish, debris, trash, garbage and other un- sightly accumulation and it shall be the duty of every owner of land lying in the Corporate Limits of the City to keep the said land free of underbrush and undergrowth and to cut grass and weeds on the said land so that the same never exceeds the height of twelve inches. Section 2. The allowing of debris, rubbish, garbage, trash, tin cans, papers, or other unsanitary accumulations and the allowing of undergrowth and underbrushandweeds and/or grass in '> excess of twelve inches 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;'' creates a fire hazard; or provides a nest and/or breeding ground for sandflies, mosquitoes, rats, mice, other rodents, snakes and other types of pests and vermin, shall be un- lawful and is hereby prohibited and declared to be a public nuisance. Section 3. It shall be the duty of the City Council of the City of Edgewater to appoint a Sanitation Officer who shall serve at the will of the City Council. e.147 It shall be the duty of the Sanitation Officer to make periodic inspections of the City of Edgewater for the purpose of determining whether debris, rubbish, garbage, trash, tin cans, papers or other unsanitary conditions have accumulated or whether undergrowth, underbrush, weeds, and/or grass in excess of twelve inches in height from the ground has 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; creates a fire hazard; or provides a nest and/or breeding ground for sandflies, mosquitoes, rats, mice, other rodents, snakes, and other types of pests and vermin. If the said Sanitation Officer determines that any of the above innumerated conditions exist on any lot, tract, or parcel of land within the City he shall forthwith direct a notice to the owner of record of such property by certified mail, return receipt requested, at his last known mailing address as shown by the records of the City Clerk of the City of Edgewater, advising that the afore- mentioned condition or conditions have been found to exist on the property described on said notice and demand that such owner cause condition or conditions to be remedied within ten (10) days if the said owner resides in the State of Florida as reflected by the records of the City Clerk or within fifteen (15) days if the said owner resides without the State of Florida as reflected by the records of the City Clerk. The said notice shall specify that the failure of the owner to remedy the condition described within the time allowed shall authorize the City to do or have such work done on behalf of the owner at the owner's cost and that the cost of said work, together with any interest, shall be taxed to the owner and shall become a lien against the property. If there is an occupied dwelling on the property, a copy of said notice shall be served by the Sanitation Officer or a Police Officer upon the occupant of said property, or upon any agent of the owner thereof. The mailing of the notice to the owner aftermentioned shall be sufficient proof thereof and the delivery of notice to an occupied dwelling shall be equivalent to mailing, if the owner and occupant are known to be the same. If the mailing address of the owner is not known and the property is unoccupied, and the owner has no agent in the City, the notice shall be posted upon said property as notice to the owner thereof, who shall be considered an owner without the State of Florida and a copy of said notice shall also be posted at an appropriate location at the City Hall of the City of Edgewater, Florida. Page 2 Section 4. Notice of Public Nuisance. The notice to the owner as herein set forth shall be substantially in the following form: NOTICE OF PUBLIC NUISANCE Name of Owner Address of Owner Our records indicate that you are the owner(s) of the following property in the City of Edgewater, Volusia County, Florida: (describe property) An inspection of this property disclosed, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of the Ordinances of the City of Edgewater, Florida, in the following manner: (describe 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 the Edgewater Ordinances within ten (10) days if said owner resides within the State of Florida or fifteen (15) days if said owner resides without the State of Florida from the date hereof, the City of Edgewater 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 otherwise paid within thirty (30) days after receipt of billing. If you do not agree with the above findings you may appear before the City Council within ten (10 ) days if said owner resides within the State of Florida or fifteen (15) days if said owner resides without the State of Florida of date of this notice, and protest this action. Date City of Edgewater, Florida By: Sanitation Officer Section 5. If the property owner or his duly authorized agent elects to protest the notice as set forth in preceding sections and so appears before the City Council, as set forth in the notice to owner, the City Council shall determine conclusively whether the condition described in the aforesaid section does or does not exist and such determination shall be final. Page 3 If the City Council determines that the situation and condition as set forth herein and in the notice to owner does not exist, then such notice to owner shall be con- sidered null and void and of no effect, and no action shall be taken by any agency of the City in regard to such condition at that time. if the City Council shall determine that the condition described in the notice to the owner does exist, then from the date of such determination by the City Council, the owner shall have ten (10) days to remedy or correct such condition. Upon failure of the owner to correct such condition within the ten (10) days specified, the Mayor shall direct the appropriate agency of the City to correct such condition as herein provided. Section 6. Where no protest has been made of the notice to owner and when the said owner has failed, neglected, or refused to remedy or correct the condition or conditions specified in said notice within the time allowed, or if the owner or his agent made protest and the City Council has determined that the condition or conditions described in the said notice to owner do in fact exist and the owner fails, neglects, or refuses to remedy or correct said condition or conditions then the City Council, through the appropriate agency or department of the City, is hereby authorized to correct or remedy the said condition or conditions and to establish a charge or rate therefor. Charges and rates as established by the City Council shall be uniform throughout the City. Section 7. After following the procedure outlined herein, in those cases where the owner shall not voluntarily correct or remedy the said condition or conditions and the City Council through the appropriate agency or department of the City shall have remedied or corrected the condition, the Sanitation Officer shall determine the expenses incurred by the City and shall certify the same to the City Clerk whereupon the City Clerk shall forthwith direct a bill or statement to the said owner whereupon said bill or statement shall become payable by the owner within thirty (30) days. If the owner or his agent fails to make payment within the thirty (30) days, the expenses shall become and constitute a lien and charge upon the property, which shall be payable with interest at the rate of six percent per annum, from the date said bill or charge was due and payable. Such expenses and any accrued interest shall be a first and prior lien against the property and may'. be recorded upon the public records of Volusia County, Florida, and said lien shall be inferior only to the lien for taxes to the County of Volusia and the State of Florida, and shall be of the same character as the lien of the City for municipal taxes. Page 4 Upon failure of owner of said property to pay the lien, it will be enforced in the same manner as tax liens in favor of the City or may be enforced in the same manner as the foreclosure of mortgages as made and provided by the laws of the State of Florida. The City shall keep a complete set of files and records relating to the liens authorized by this article, and the City Clerk may from time to time issue statements to the owner of the amounts of such liens. Section 8. If any portion, clause, or section of this ordinance shall be held to be invalid or unenforceable or contrary to law then the same shall be null and void and of no force and effect without in any way impairing the validity or enforceability of the remaining portions, clauses, or sections of this ordinance. Section 9. Ordinance M 479 be and the same is hereby repealed upon the date that this ordinance becomes effective. Section 10. This ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. The above ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at a special meeting held on the llth day of August A.D., 1967. Upon motion duly made, seconded and carried, the requirement of reading said ordinance upon second reading was waived and the ordinance was ordered put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida at a special meeting of said Council held on the llth day of August A.D., 1967, and approved as provided by law, the vote of said Council being as follows: ( Mayor, Attest: /�/ �� ounce man - � �t ty Clerk Louncpman 7 Approved this llth day of August A..,,D., 1967: Mayor w� ; "VCounqMlman Page 5