97ORDINANCE NO. 97
AN ORDINANCE PROVIDING THE ASSESSMENT OF COST OF
LOT CLEANING AND TRASH AND BRUSH REMOVAL AGAINST
THE PROPERTY CLEANED, AND THE PROCEDURE TO BE
FOLLOWED PRIOR TO CLEANING A LOT AND FOR THE
COLLECTION OF THE COST.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATERR, FLORIDA:
Section 1: For the purpose of providing for the health, welfare
and safety, it is hereby declared to be against public policy for
any person, whether owner or tenant, to permit any lands in the
City of Edgewater, Florida, to have grass or weeds or trash thereon
to such an extent as to aid the growth of mosquitos or snakes, and
therefore all growths of weeds or 0- VAWtrLvrs4grass/to the height of over one
foot and rubbish piles of any kind are hereby declared to be public
nuisances, harmful to the comfort, health and welfare of the inhabitants
of the City of Edgewater.
Section 2: Upon failure of the owner or occupant of lands to keep
Or- OAAJee4r-"k
the same free of grass and weeds/in excess of one foot in height,
and free of all rubbish piles, the City may abate such nuisance in the
manner following:
a) The City Clerk shall give written notice to the owner that the
City of Edgewater will clean the land involved and charge the
cost to the owner unless the owner within 10 days requests a
hearing by writing; if the owner requests a hearing, the City
Council shall hold a hearing at which time the question to be
decided shall be: "Is rubbish on said land, or grass or weeds
in excess of one foot in height" and if said City Council finds
in the negative, no further action shall be taken; if the City
Council finds in the affirmative, the lands shall be cleaned.
b) The owner or occupant may, prior to the cleaning of said lands
by the City of Edgewater, clean the same himself.
o) Failure of the owner to clean the land, and if the same be cleaned
by the City of Edgewater, then the City of Edgewater shall bill the
owner of the lands for the reasonable cost of cleaning said lands.
d) The owner may, within 10 days of being billed, request a hearing
and be granted one by the City Council, at which time the question
to be decided shall be:"Are the costs billed reasonable.'!" If the
City Council finds that said costs are reasonable, the same shall
be final, but if the City Council finds that said costs are not
reasonable, then the same shall be set by the City Council.
e) Failure to protest the costs billed within 10 days from the date
of billing shall foreclose any question as to the reasonableness of
costs.
f) Upon failure to pay the costs billed within 30 days after the same
have become final, the City of Edgewater shall record a Claim of
Lien against the lands for said costs in the Public Records of
Volusia County, Florida, and the same shall be foreclosed when the
City Council directs the City Attorney to do so. Prior to foreclosure,
said Claim of Lien may''be satisfied by payment of the amount of the
lien to the City Clerk.
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Section 3: When, by this Ordinance, notice is required to be given
to the owner or occupant of lands, and the same is unknown, or the
address of the owner is unknown. then Notice shall be given by being
posted on the land involved.
Section It is the duty of the Street Supervisor to notify the
City Clerk of any lands that are claimed to be a nuisance within the
meaning of Section 1 of this Ordinance; the Mayor shall determine
the priority of which lands to clean and in what order when the
City is unable to clean all lands that may be a nuisance within the
meaning of this Ordinance.
Section 5:. This Ordinance shall take effect immediately upon its
passage, and all Ordinances or parts of Ordinances in conflict
herewith be, and the same are, hereby repealed.
Section 6 : The City Clerk shall keep an accurate record of the
costs involved in cleaning all lots.
The above Ordinance was read in full and passed by the vote of the
City Council of the City of Edgewater, Florida, at a regular meeting
on the 12th day of December, A. D. 1955•
Upon Motion duly made, secondedand unanimously carried the requirement
of reading said Ordinance upon second reading was waived, and the
Ordinance was ordered put upon final passage.
Passed by the vote of the City Council of the City of Edgewater, Florida,
at a regular meeting of said Council held on the 12th day of December,
A. D. 1955, and approved as provided by law, the vote of said Council
on roll call being as follows:
�CtyCert
Approved this 12th day of
December, A. D. 1955.
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Counci 7
Councilman
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