HomeMy WebLinkAbout995-07 Junk IIIII I IIIII IIIII IIIII IIII IUII IIIII!III IIIII I III IIII IIII
ORDINANCE NO. 995-07 2007195559
AN ORDINANCE OF THE CITY ;OF ZEPHYRHILLS, FLORIDA,
DEFINING A NUISANCE; PROHIBITING THE ABANDONMENT OF
PARTIALLY DISMANTLED, WRECKED, JUNKED OR DERELICT !9
VEHICLES; PROVIDING FOR PROCEDURES FOR ENFORCEMENT; ®"•'
PROVIDING FOR A LIEN THEREFORE AND FOR FORECLOSURE IF
NOT PAID; PROVIDING FOR CODIFICATION, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Zephyrhills, Florida finds this Ordinance
necessary-to promote the health, safety and well being of the residents of the City_of Zephyrhills•_ _ o _
and
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WHEREAS, the City Council found that with the continuing increase in population an Z
overall growth of Zephyrhills,the necessity of property maintenance becomes more important, ink
that property which is not secure and attractive destroys community pride, makes the City a les
desirable place in which to live,and costs Zephyrhills citizens in the decline of property value
in certain portions of the community; andrii
WHEREAS, Chapter 166, Florida Statutes, authorized City Council acting for the City o
ephyrhills, Florida, to adopt Ordinances and Resolutions necessary for the exercise .of it ®�
powers and prescribe fines and penalties for the violation of Ordinances in accordance with law.
SECTION 1. NUISANCE. M
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It shall be unlawful and considered a nuisance for the owner, agent, custodian,lessee o• C
occupant of a residential or commercial building, structure, or property to utilize the premises o m e
such residential property for the open storage of any inoperable or unlicensed vehicle, includin
bloat or trailer, appliance, glass, scrap metals, glass,paper, waste, used bricks or cement block, o (O
pi arts thereof, this shall notinclude more than one unlicensed vehicle that is roadworthy; parts o �� M
broken furniture, non-serviceable or discarded motor vehicles of all types and character, either i
whole or in part; tin cans of all kinds and sizes; bottles of all kinds and sizes; whether made o
glass or other substance, oil and grease cans and drums; broken or discarded articles of metal o
all kinds; boards, lumber and boxes of all kinds, whether made of wood or other material(s);
discarded appliances, building material, rubbish,trash or garbage.
It shall be the duty and responsibility of every such owner, agent, custodian, lessee o
occupant to keep the premises of such property clew and to remove from the premises any suc.
abandoned or stored items. As listed above, including, but not limited to weeds and or high grass
exceeding twelve inches in height, dead trees' limbs, wood, etc, upon notice of cod
enforcement.
It shall be unlawful and a violation of this Ordinance for any person, including the
officers of any corporation, to keep or store any of the previously mentioned nuisance items i
the City, unless such items are kept or stored in a substantial approved building in such a manner
and under such conditions that the keeping or storage of such items shall not constitute a menace
to the public health, safety and general welfare of the inhabitant of the City and thereby become
a nuisance.
SECTION 2. HEIGHT.
It shall be unlawful for any owner, agent, custodian, lessee or occupant to permit any
eeds, grass or plants, other than trees, bushes, flowers or other ornamental plants to grow to a
height exceeding twelve inched anywhere within the City; and such plants or weeds exceeding
such height are hereby declared to be a nuisance. It shall be the responsibility of the owner,
agent custodian, lessee or occupant to cut or cause to be cut and kept cut or cause to be kept cut
a}iy weed, grass or plants,to a height not to exceed twelve inches.
SECTION 3. ABANDONMENT OF PARTIALLY DISMANTLED,WRECKED,
JUNKED OR DERELICT VEHICLES.
Record and Return to:
City Clerk's Office 1
5335 8th Street
Zephyrhills„FL 33542
OR BK 7700 PG 1907
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It shall be unlaw 1 to keep, dump, store, abandon, place or maintain any partially
dismantled, wreck,junked or derelict vehicles on any street, highway, public right of way, other
public place,-or upon any roperty ,located within the City limits, -for a period longer than 24
hours, unless one or more of the following conditions are present: .
a. The same shall be within an enclosed building, upon such property; or
b. Shall be upon the premises of a business enterprise lawfully situate and licensed,
when necessary to the operation of such business enterprise, when said premises
shall be enclosed in a sight-proof fence of at least six foot in height; or
c. Is being offered for sale, with appropriate signage indicating same, and being
stored upon he private property of the owner of said vehicle, for a period not to
exceed 14 days; or
d. In storage plkces maintained by the City as a depository for such vehicles.
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SECTION 4. SEIZURE, IMPOUNDING AND STORAGE OF VEHICLES, BICYCLES,
OR OTHER PERSONAL PROPERTY WHEN THE SAME:
a. Appears to be abandoned on any street, highway, public right of way, or other
public place of the city, or
b. Is stolen,property and the owner cannot be promptly found who claims the same,
or
c. Is illegally.jarked on any street or highway, other than a parking •meter or
overtime violation in a designated parking area.
d. Is parked on the streets at night in violation of the Ordinances of the City, or
e. Is a derelict,junk or nuisance vehicle on any property except where authorized by
the provisions of Section 3 of this Ordinance.
The said vehicles, bicycles or other personal property shall be disposed on as provided by
law pursuant to Florida Statutes Chapter 705, et seq. as amended.
SECTION 5. REMOVAL-NOTICE.
It shall be the duty of the Code Enforcement Officer, or his designee to serve or cause to
be served a notice upon the owner or occupant of any premises on which a nuisance of the nature
described in Section 1 exists and to demand the abatement of the nuisance within 10 days.
Written notice posted on the premises shall be sufficient notice to the owner if the address of the
owner is unknown.
SECTION 6. ABATEMENT.
If the person so served does not abate the nuisance within ten days the City may proceed
to abate such nuisance, keeping an account of the expenses of the abatement, and such expenses
shall be charged and paid by such owner or occupant. The City may perform the abatement
itself, or hire the same to be done. The City shall assess an additional fee of $100.00 to the
actual costs of abatement, for administrative charges. For each subsequent abatement, the fee
shall increase by an amount of$25.00. The additional fee shall be designated for useby Code
Enforcement to ensure the availability of funds necessary for the execution of their duties.
SECTION 7. CITATION.
The City reserves the right to issue citations in addition to or in lieu of,abatement. Each
day the nuisance continues shall be considered a separate offense.
SECTION 8. LIEN.
Charges for abatemp nt may be a lien upon the premises. Whenever,a bill for such
charges remains unpaid for, ten (10) days after it has been rendered,.the City Manager or his
designee may cause to be filed with the Clerk of Court of Pasco=County a,''statement..of lien
claim. This statement shall, contain a legal description of the premises, the expenses and costs
incurred and the date the abatement was performed, and a notice that the City claims a lieu for
such amount.
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OR 8K 7G1
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Said liens not paid within ten (10) days shall accrue interest at maximum amount
permitted by law, per annum thereafter, or the maximum amount allowed by law, from the dat
�f the record of said lien and all costs of collections, shall continue:to be a lien against said re 1
property until paid, and collection thereof shall be enforced as provided by Chapter..173, Florid
Statutes, for the collection and enforcement of taxes and assessments levied upon property.
Notice of such lien claim shall be made pursuant to Chapter 1-62, Florida Statutes.
The aforementioned lien shall be superior to all other liens except liens for taxes and
other special assessment liens imposed by the City.
SECTION_9. FORECLOSURE OF_LIEN. _
Property subject to a lien for abatement of nuisance may be sold for non-payment of the
same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is
the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name o
the City. The City shall also recover all court costs and a reasonable attorney's fee at a rate
comparable to attorneys in private practice,practicing in the greater Tampa Bay area.
The City Attorney is hereby authorized and directed to institute such proceedings, subject
o City Council approval, in the name of the City, in any court having jurisdiction over suc
matter, against any property for which such bill has remained unpaid ninety (90) days after it ha
been rendered.
SECTION 10.REPEALER.
Any ordinance or part of any ordinance, in conflict herewith is hereby repealed to the extent o
any conflict.
SECTION 11. SEVERABILITY.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if an
section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the
remainder of this Ordinance shall be construed as not having contained said section, subsection
sentence, clause, or provision and shall not be affected by such holding.
SECTION 12.INCLUSION IN CODE.
�Ihe provisions of this Ordinance shall become and be made part of the Code of the City o
Zephyrhills, Florida. The sections of this Ordinance may be renumbered or re-lettered and th
word "ordinance" may be changed to "section", "article" or such other appropriate word o
phrase in order to accomplish such.
ECTION 13.EFFECTIVE DATE.
This Ordinance Ij1tul)H bo&6me effective upon passage on the third reading and signing by the
Mayor. :tea.••'' �t ,
The fore gli n g29, -.07 was read and passed on the first reading in an open and.
regular meets thy°,City 'Council of the City of Zephyrhills, Florida, on this 8" day of
Attest:
Linda $onlcty Clerk Kenneth V. Compton, Council resident
The forego i ®i i .To. 995-07 was read and passed on the second reading, following a
public heajig, in an•op .and regular meeting of the City Council of the City of Zephyrhills,
Florida nthi22 fly, oF ?ctober, 2007.
Attest'
4rrida • ,.Boars, City,.( 1 k Kenneth V. Compton, Council President
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OR BK 7700 PG 1909
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The fore of ig'Ordinahci o. 995-07 was read and passed on the third reading, following a
public h iri'91- an open: id regular meeting of the City Council of the City of Zephyrhills,
Floridas. z\tht `6`;�,d y af, o ember, 2007.
Attest t, t .�--
dR . ,o, n;City;Clerk nneth V. Compton, Counci President
The foregoing"dbinabi�e No. 995-07 was approved by me this 26th day of November, 2007.
Hw. Cliff of ie,Mad ..
Approved as t ga rm and legal content
. I
J ph oblick, City Attorney
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