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321ORDINJUME 321 AN ORDINANCE REQUIRING THE KEEPING OF PREMISES WITHIN THE CITY OF EDGEWATER, FLORIDA, FREE OF WEER, GRASS AND UNDERGROWTH OF A HEIGTH OF 12 INCHES OR MORE, AND RUBBISH, TRASH, DEBRIS,DEAD TREES AND UNSIGHTLY AND UNSANITARY EVACUATIONS OR DEPRESSIONS ON ANY LAND OR SIDEWALK WITHIN TEE CITY LIMITS; PROVIDING FOR CLEARING OF SUCH PREMISES OR REMEDYING OF THE CONDITION THEREOF BY THE CITY UPON FAILURE OF TEE OWNER AFTER NO- TICE SO TO DO, AND PROVIDING THAT THE COST THERE- OF SHALL BE A LIEN AGAINST THE PROPERTY; PRE- SCRIBING THE PROCEDURE TO BE FOLLOWED IN THE IMPOSITION OF SUCH LIEN AND THE COLLECTION THERE- OF, AND PROVIDING A PENALTY FOR THE VIOLATION OF PROVISIONS OF THIS ORDINANCE. Whereas, the owners of various lots, tracts or parcels of land within the = ty of Edgewater, Florida have permitted wild and uncontrolled growth of weeds, grass, and undergrowth thereon or have permitted rubbish, trash, debris, dead trees or unsight- ly or unsanitary evacuations or depressions on said premises or sidewalks within the city limits to remain thereon: and Whereas, property in such condition is a public nuisance, and is unsightly, unsafe, unsanitary and detrimental to the health, safety and welfare of the people of this city. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA. SECTION 1. That it shall be unlawful for any owner or owners of any lot, tracts or parcels of land within the City of Edgewater to a height of twelve (12) inches or more from the ground; or to permit rubbish, trash, debris, dead trees or unsightly and unsan- itary excavations or depressions on any premises or sidewalks with- in the city limits of this city; it shall also be the duty of every owner of land with a sidowalk abutting thereon to keep the sidewalk free and clear of weeds, undergrowth, rubbish, debris, and trash. SECTION 2. That the City Council shall institute the prods- dure for the enforcement of the requirements of this ordinance, and the removal or remedying of conditions violative hereof by passage of a resolution finding and determining that certain described property or properties within the city are in such a condition as to be in violation of the requirements set forth herein. One resolution may include any number of separate lots, tracts,or parcels of land. Said resolution shall set forth the legal description of such lots, tracts,or parcels of land, and the condition thereof found to be violative of this ordinance, and shall direct the City Clerk to serve notice upon the owner or owners thereof to comply with the requirements of this ordi- nance as set forth in Sections 4 and 5 hereof. SECTION 3. That upon passage of the initial resolution de- termining certain described lots, tracts,or parcels of land to be in violation to the requirements of this ordinance, the City Clerk shall enter into a book which shall be prepared and kept for that purpose, which shall be kept open for publicinspection in the City Hall and which shall be designated as the "Sanitary Lien Book," the legal description of the lot, tracts,or parcels of land involved, the name of the owner or owners thereof as shown on the records of the consolidated tax rolls for Volusia County, Florida, and the number and date of the initial resolu- tion. Thereafter, as the procedure required hereby is accom- plished or takes place, there shall be entered into such book the date of completion of the work, the final cost of such work, the payment or other disposition of the lien for such work, and such other information as may be required or conven- ient, or the fact that the owner of such premises has complied with the terms of the oridnance as directed. SECTION 4. That upon the passage of a resolution as outlined in Section 21ereof, the City Clerk shall give notice to such owner or owners directing compliance with the foregoing requirements as may be necessary or appropriate in the particular case. Such - 2 - notice may be given by mailing, certified mail, return receipt requested, a true copy of such notice to such owner or owners of the land at the address as is shown on the latest consolidated county tax rolls. If the notice is returned unclaimed or marked "Address Unknown," then notice may be served by posting a true copy thereof onthe property involved for ten (10) con- secutive days. SECTION 5. That the notice provided for in Section 4 hereof shall set forth the legal description of the property as is set forth on the latest tax rolls, and shall specify the time, not less than fifteen (15) days, in which the owner shall abate the nuisance and clear the land. The notice shall be in substantially the following form: Name of owner Address of owner Our records indicate you to be the owner (s) of the following property in the City of Edgewater, Florida: (Describe property) An inspection of this property discloses, and the City Council has found and determined, it to be in such con- dition as to be in violation of Ordinance No. .3_1 because (Here state why property is in violation, i.e, height of grass, undergrowth, etc.) Ordinance No.,;� of this city provides that it is unlawful for you to permit this condition to continue, and you are hereby notified that unless this condition is remedied so as to make it nonviolative of Ordinance No. p within fifteen (15) days from the receipt here- of, the City of Edgewater, Florida,will proceed to re- medy such condition, and the cost of such work will be imposed as a lien upon this property. Notice of appeal of this matter must be filed with the City Clerk within ten (10) days after service of notice and shall specify the grounds thereof. Violations of provisions of said Ordinance shall be punishable by a fine not exceeding One Hundred (;0100.00) Dollars or imprisonment not exceeding thirty (30) days or by both such fine and imprisonment. Very truly yours, - 3 - SECTION 6. (A) That any owner or owners aggrieved by the findings and order of the City Clerk as set forth in the notice provided for, shall have the right to appeal to the City Council. Appeal shall be taken within ten (10) days after service of such notice by filing with the City Clerk a notice of appeal and spe- cifying the grounds thereof. The City Clerk shall at the next regular or special meeting of the City Council, transmit to the City Council the findings of the City Clerk, a true copy of the notice, a certificate of its service on the owner and the notice of appeal as filed by the owner. An appeal shall stay all pro- ceedings in furtherance with the action appealed from until a hearing on the appeal be had by the City Council. (B) That the City Council shall forthwith, fix a rea- sonable time for the hearing of the appeal and give not less than five (5) days notice thereof to the appellant. At the hearing, the appellant may appear in person, by agent or at- torney and shall be given the opportunity to be heard. Every decision of the council shall be based upon a finding of fact. SECTION 7. That if an owner fails, refuses, or neglects to comply with the order of the City Clerk, and fails, refuses, or neglects to execute the right to appeal provided for in Section 6, hereof, within the time prescribed therefore, or fails, re- fuses, or neglects to comply with the order of the City Council upon appeal to the City Council, the City Clerk shall cause the nuisance to be abated and tie reasonable cost and expenses for the abatement by the city is hereby assessed against land cleaned and cleared or the land abutting on the sidewalk cleaned or cleared, or the land filled. Said assessment is hereby de- clared in accordance with the city's Legislative Charter to be a lien upon such land, with the same rights of collection, fore- closure, sale and forfeiture as the city has concerning taxes and special assessments - 4 - SECTION 8. That any person, asso¢Sation of persons, co- partnership,or corporation, violating any of the provisions of Section 1 hereof, shall upon conviction thereof be punished by a fine not exceeding One Yundred ($100.00) Dollars or by im- prisonment for a term not exceeding thirty (30) days or by both much fine and imprisonment. SECTION 9. That all ordinances or parts of ordinances in conflict herewith be and the some hereby are repealed. SECTION 10. That this ordinance shall take effect immediately upon its passage 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 the regular meeting of said council held on July 2, 1962. Upon motion duly made, seconded and carried, the requirement:, of reading such ordinance upon second reading was waived and the,.' ordinance was ordered put upon final passage. Passed by vote of the City Coundil of the City of Edgewater, Florida, at tho regular meeting of said council held on the 2nd day of July, 1962, and approved as provided by law, the veto of said council being as follows: - 5 - Approved this 2nd day of July, 1962. rl# . - 6 -