2000-O-15
'-'ORDINANCE NO. 2000-0-15 'wi
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA,
AMENDING AND RESTATING A PORTION OF CHAPTER 10 (HEALTH
AND SANITATION), TO WIT: ARTICLE V (WEEDS, GRASS and BRUSH;
ST ANDARDS FOR PROPERTY MAINTENANCE), SECTIONS 10-91
(DEFINITIONS), 10-93 (PROPERTY MAINTENANCE-DUTY OF OWNER),
AND 10-96 (HEARING BEFORE CODE ENFORCEMENT BOARD);
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND FOR ADOPTION.
WHEREAS, the Department of Fire/Rescue Services has received and reviewed the Volusia
County Wildland/Urban Interface Wildfire Hazard Assessment Guide used to determine vegetative
fire hazards; and
WHEREAS, the City has determined to minimize the potential of hazardous fire and safety
circumstances to our citizens and property; and
WHEREAS, the City has recognized the need to identify a fire and safety assessment
methodology used to determine hazardous situations; and
WHEREAS, it is recommended to modify our current Code regarding the maintenance of
various types of undergrowth to assure consistent assessment and enforcement.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edge water,
Florida as follows:
PART A.
AMEND AND REST A TE A PORTION OF ARTICLE V (WEEDS,
GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE) OF CHAPTER 10 (HEALTH AND SANITATION),
TO WIT: ARTICLE V (WEEDS, GRASS and BRUSH; STANDARDS
FOR PROPERTY MAINTENANCE), SECTIONS 10-91
(DEFINITIONS), 10-93 (PROPERTY MAINTENANCE-DUTY OF
OWNER), and 10-96 (HEARING BEFORE CODE ENFORCEMENT
BOARD) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA, IN ITS ENTIRETY.
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Article V. Weeds, Grass and Brush; Standards for Property Maintenance is amended
and restated as follows:
Article V. Weeds, grass, and brush; standards for property maintenance.
Section 10-91. Definitions.
The following words, terms and phrases when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(a) Brush: shall mean the undergrowth of plant species that by virtue of their
arrangement, chemical composition, and growth pattern provide a ready path for uncontrolled fire
to spread. It shall mean herbaceous plants, plants and grasses with stems that wither away annually
or shrubs with woody stems that live from year to year as distinguished from trees. Species included
in this definition shall include, but are not limited to: saw palmetto, gallberry, fetterbush and wax
myrtle.
WDll Improved lot: shall mean any lot to which improvements have been made, including,
but not limited to, change of grade through filling or excavation, installation of water or sewer line,
clearing of property to begin construction, or any other physical alteration which has significantly
disturbed the natural vegetation on the property.
W!.D Natural area: shall mean areas within larger improved lots where the natural
vegetation has not been cleared or disturbed.
W@ Natural cover: shall mean trees, brush, roots and other by products of land clearing
activity.
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ill Structure: shall mean anything constructed, installed, or portable, which requires a
location on a parcel of land. It includes a moveable structure while it is located on land which can
be used for housing, business, commercial or industrial purposes whether temporary or permanent.
Structure shall include, but not be limited to walls, billboards, swimming pools and decks,
communication towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos,
sheds and similar structures. Structure shall not include, pipes, pump stations and any other
construction below ground level.
(f) Trash: shall have the same meaning as defined in Section 19-60.
(g) Unimproved lot: shall mean any lot which remains undisturbed and in a natural
vegetative state.
ili} Vegetative fire hazard assessment: shall mean an assessment of an area to determine
build-up along with vegetative fuel hazard classification and threats it may pose to real property.
The assessment will be conducted utilizing the Volusia Countv Wildland/Urban Interface Wildfire
Hazard Assessment Guide (dated 0112000).
tb1ill Vegetative Ffire hazard: shall mean trees, brush or other vegetation which by reason
of their combustible nature during dry periods, their location or condition may cause loss, damage,
or injury to persons or property by reason of fire. For example, bBrush on undeveloped lots
averaging over three (3) feet tallliVithin tliVCnty (20) fcct of an cxisting rcsidential st! uctmc and pine
trees averaging over five (5) inches in diameter at four and one-half (4 Y2) feet above grade and
spaced in such a way that the average crown closure is more than seventy-five percent (75%) on
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undeveloped lots averaging over five (5) indle5 in diameter at fom and om:-half(4 1/2) feet above
grade 5paced in 5tlch a t'Va, that the average erot'Vn clo5tl1c i5 morc than 5cventy-fi ve percent (75%)
are considered fire hazards.
Section 10-93.
Property maintenance - duty of the owner.
The standards and requirements of this section are supplemental and in addition to the
provisions of Chapter 10, Article III, Sections 10-40 et. seq. and Chapter 19, Article VI, Sections 19-
60 et. seq.
( a) Maintenance of commercial and industrial zoned lots. The owner of every improved
lot, piece and parcel ofland located within a commercial or industrial zone within the city shall keep
each such lot, piece or parcel ofland free and clear of all fallen trees and limbs and brush exceeding
twelve (12) inches in height. However, nothing in this subsection shall be construed to require
natural areas located within larger improved lots to be cut to a height less than twelve (12) inches
within such natural areas. Unimproved vacant parcels adiacent to improved parcels will be inspected
by the City to determine severity of hazard to the improved property. Ifit is determined by the City
that the property does pose a hazard, the oBwners of the unimproved vacant parcels adjacent to
improved palcd5 5hall will be required to keep twenty (20) feet of their parcel that is adjoining an
improved parcel of land free and clear of all fallen trees, limbs and brush exceeding thirty -six (36)
inches in height.
(b) Maintenance of improved residential lots. The owner of an improved lot in a
residential zone with lot sizes of one acre or less shall keep such lot free and clear of all fallen trees
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and limbs. All weeds, grass and brush shall be cut to a height not exceeding twelve (12) inches.
However, nothing in this subsection shall be construed to require natural areas located within larger
improved lots to be cut to a height less than twelve (12) inches within such natural areas.
(c) Maintenance of unimproved residential lots. Unimproved vacant parcels adiacent
to improved parcels will be inspected bv the City Fire Department and/or Code Enforcement to
determine severity of hazard to the improved property. If it is determined by the City that the
property does pose a hazard, Hhe owner of an the unimproved vacant lot in a residential zone with
lot sizes of one acre orlcss shall will be required to keep that portion of the propert, abutting within
twenty (20) feet oftheir parcel/lot that is adioining an any improved lot, sidewalk, street 01 bicycle
path free and clear of all fallen trees and limbs, and all weeds, grass and brush therein shall be cut
to a height not exceeding thirty-six (36) inches within such area.
(d) Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of
land located within the city shall keep each such lot, piece and parcel of land free and clear of
garbage, waste, trash, debris and junk.
(e) No property maintenance permit required; other restrictions and requirements
applicable. No permit shall be required for the limited property maintenance required by this
section; however, the requirements, restrictions and limitations imposed by other sections of this
Code and applicable provisions of the land development code pertaining to environmental
preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict
between this section and any other provision of this code or applicable provision of the land
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development code, the other sections of this code or applicable provisions of the land development
code shall prevail and govern.
Section 1 0-96.
Hearing 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 concerning 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
meeting.
(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 o~nGl shall have tell (10) days fr011'l
the date ofthc Doatd's determination the Board shall determine the amount of time within which the
owner may be allowed to remedy the violation, unless the Doatd specifics a later date and come into
compliance. 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.
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(d) If action to remedy the violation is taken by the city, the actual costs of such action
plus administrative costs (including the cost of publication) as determined by the city shall be owed
by the owner to the city and shall constitute a lien against the property until paid. If the owner takes
action to remedy the violation after the time allowed, including any extensions if granted, the
administrative costs shall be owed by the owner and shall constitute a lien against the property until
paid.
PART B.
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 C.
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 D.
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 B through F shall not be codified.
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PART E.
EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption.
PART F.
ADOPTION
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on first
reading of this ordinance held on July 24, 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt
--1L
Councilman James P. Brown
--1L
Councilman Dennis A. Vincenzi
--1L
Councilwoman Harriet E. Rhodes
--1L
Councilwoman Judy Lichter
--1L
After Motion by
and Second by
the vote on second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt ~ -
Councilman James P. Brown J-
Councilman Dennis A. Vincenzi ~
Councilwoman Harriet E. Rhodes ~
Councilwoman Judy Lichter ~
-
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PASSED AND DULY ADOPTED this 7 day of 9A a— , 2000.
ATTEST:
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2000-0-15
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant