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479ORDINANCE NO. 479 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR THE CLEARING OF TRASH AND OTHER DEBRIS AND GENERALLY RELIEVING UNSIGHTLY CONDITIONS WITHIN THE CITY; PROVIDING FOR PENALTY FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the continued growth and development of the City of Edgewater, Florida, both as to population and as to additional construction has 4 " created an urgent need for further protection to the public in regard to health, 4 sanitation, safety and economic welfare, and WHEREAS, the City Council finds and determines that the rapid continuous growth and urban development of this City requires the reasonable and effective control and regulation and other plant life as well as debris, garbage, rubbish, trash, and other unsightly accumulation that threaten the public health or adversely affect and impair the economic welfare of this community. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1. The allowing of debris, rubbish, trash, tin cans, papers, or stagnant water to accumulate or a dense growth of trees, vines, underbrush, weeds, wild growth and/or grass in excess of twleve inches in height from the ground to develop on any lot, tract, or parcel of land, in the city to the extent and in the manner that it constitutes or may reasonable become a menace to life, property, the public health, the public welfare; creates afire 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 unlawful and is hereby prohibited and declared to be a public nuisance. Section 2. If the Mayor; the City Building Official, or a duly authorized member of the public works department find that debris, rubbish, trash, tin cans, papers or stagnant water have accumulated, or a dense growth of trees, vines, underbrush, weeds, wild growth and/or grass in excess of twelve inches in height from the ground has developed on any lot, tract or parcel of land within this City, to the extent and in the manner that it constitutes or may reasonably become a menace to life, property, the public health, the public welfare; creates a fire hazard; or provides a nest and breeding ground for sandflies, mosquitoes, rats, mice, other rodents, snakes, and other types of pests and vermin, he shall request that the City Clerk in writing direct a notice to the owner of record of such property by certified mail at his last known mailing address as shown by the records of the 'City Clerk c of the City of Edgewater, advising that the aforementioned debris, rubbish, trash, tin cans, papers, etc., have been found to exist on the property described on said notice and demand that such owner cause such condition to be remedied forthwith or to authorize the City to have such work done on behalf of the owner at the owner's cost and the costs of said work shall be taxed to the owner and shall become a lien against the property. Said form shall detail the specific violations of which the owner is charged, such Section 4. If the property owner or his duly authorized agent elects to protest the notice as set forth in preceding sections and so appears at the designated meeting of the City Council of the City of Edgewater, as set forth in the notice to owner, the City Council shall determine conclusively whether the condition described in the aforesaid section hereof does or does not exist and such determination shall be final. If the City Council determines that the situation and condition as set forth herein and in the notice to the owner does not exist, then such notice to the owner shall be considered forthwith null and void and of no effect, and no action shall be taken by any agency of this 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 correct such condition. Upon the 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 outlined in preceding sections where no protest has been made. After following the procedures outlined herein, those cases where the owner shall not voluntarily correct or remedy said condition, the City Building Inspector shall certify to the City Clerk, the expense incurred in remedying the condition together with his certificate as to the condition of the property which necessitated incurring the expense and a copy will bedirected to the owner of the affected property, whereupon such expense shall become payable by the owner within thirty (30) days. If the owner or his agent fails to make payment within said thirty (30) days, the expense 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 of such certification until paid, at the time ad valorem taxes on the property become due and payable to the City, and which expense and charge shall be first and prior lien against the property, subject only to the lien for taxes due the County of Volusia and State_ of Florida, and of the same character as the lien of the City for municipal taxes. Upon failure of the owner of said property to pay the lien it may be enforced in the same manner as tax liens in favor of the City. Any property owner shall have a right to have a hearing before the City Council to show cause, if any, why said expense and charge should not constitute a lien against the property, provided, however, that the finding by the City Council that the condition described herein and notice to owner hereof exists, shall be final. Same -Files and records of City; statement of amounts at same time tax statements for ad valorem taxes. Page 3. The City shall keep a complete set of files and records relating to the liens authorized by this article, and the City Clerk shall issue tax statements in the amounts of such liens at the same time tax statements for ad valorem taxes thereafter are submitted to the owners of lots, tracts or parcels of land subject to such liens. Section 5. This Ordinance shall become effective immediately upon its passage and approval by the Mayor. Section 6. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. The above ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 7 h day of March . 1966. 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 regular meeting of said Council held on the 7Lh day of March 1966, and approved as provided by law, the vote of said Council being as follows: Attest: ity Clerk Approved this 7..h day of March , 1966: i I - 11 _. .age 4.