HomeMy WebLinkAbout1011-08 Amend Junk Ordinance �` 111111!IIIII II!1l lllll IIlII II!I I11111111111111I iII(III 1111
2008065433
Rcpt: 1177839 Rec: 35.50
ORDINANCE NO. 1011-08 05/01/08 I7: Dpty Clerk
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA,
REPEALING ORDINANCE NO. 995-07, AND DEFINING A NUISANCE;
PROHIBITING THE ABANDONMENT; OF PARTIALLY DISMANTLED,
WRECKED, JUNKED OR DERELICT VEHICLES; SWIMMING POOLS;
PROVIDING FOR PROCEDURES FOR ENFORCEMENT; PROVIDING
FOR A LIEN THEREFORE AND FOR FORECLOSURE IF NOT PAID;
PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE. JED PITTMAN, PASCO COUNTY CLERK
05/01/08 01:07 m 1 of 4
OR BK 782 PG 2 9
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;
d
WHEREAS, the City Council found that with the continuing increase in population and
ofverall growth of Zephyrhills, the necessity of property maintenance becomes more important, in
t1iat property which is not secure and attractive destroys community pride, makes the City a less
d sirable place in which to live, and costs Zephyrhills citizens in the decline of property values
i certain portions of the community; and
WHEREAS, Chapter 166, Florida Statutes, authorized City Council acting for the City ofT
ephyrhills, Florida, to adopt Ordinances and Resolutions necessary for the exercise of its
p wers and prescribe fines and penalties for the violation of Ordinances in accordance with law.
ECTION 1. NUISANCE.
It shall be unlawful and considered a nuisance for the owner, agent, custodian, lessee or
occupant of a residential or commercial building, structure, or property to utilize the premises ofT
s ach residential property for the open storage of any inoperable or unlicensed vehicle, including
boat or trailer, appliance, glass, scrap metals, glass, paper, waste, used bricks or cement block, or
parts thereof, this shall not include more than one unlicensed vehicle that is roadworthy; parts of
b oken furniture, non-serviceable or discarded motor vehicles of all types and character, either in
v hole or in part; tin cans of all kinds and sizes; bottles of all kinds and sizes; whether made of
glass or other substance, oil and grease cans and drums; broken or discarded articles of metal of
a 1 kinds; boards, lumber and boxes of all kinds, whether made of wood or other material(s);
scarded appliances, building material, rubbish,trash or garbage.
No swimming pool shall be maintained in a manner as to create a nuisance, a hazard,
e}'esore or otherwise to result in a substantial adverse effect on neighboring properties. The
owner of every swimming pool shall be responsible to maintain said pool in such condition as to
p omote the health, safety and well-being of the community. All swimming pools on vacan
p operty shall be drained and maintained free of water, during the period that, the property is
vacant, and a fence shall be erected and maintained, in proper repair and in accordance with all
applicable codes and ordinances, surrounding the swimming pool at all times during the vacancy.
It shall be the duty and responsibility of every such owner, agent, custodian, lessee or
o cupant to keep the premises of such property clean and to remove from the premises any suc
a andoned 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 code
e iforcement.
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 in
t Le City, unless such items are kept or stored in a substantial approved building in such a manner
a id under such conditions that the keeping or storage of such items shall not constitute a menace
t the public health, safety and general welfare of the inhabitant of the City and thereby become
a nuisance.
Record a d Return to:
City Clerks Office
5335 8th Street 1
Zephyrhills, FL 33542
OR Bk 7826 PG = i
SECTION 2. HEIGHT.
It shall be unlawful for any owner, agent, custodian, lessee or occupant to permit any
weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants to grow to a
height exceeding twelve i ched 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
any weed, grass or plants, io a height not to exceed twelve inches.
SECTION 3. ABANDONMENT OF PARTIALLY DISMANTLED,WRECKED,
JUNKED OR DERELICT VEHICLES.
It shall be unlawful 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 property 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 the private property of the owner of said vehicle, for a period not to
exceed 14 d ys; or
d. In storage places maintained by the City as a depository for such vehicles.
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 parked 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 provisio?s of Section 3 of this Ordinance.
The said vehicles, b cycles 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, or administrative charges. For each subsequent abatement, the fee
shall increase by an amou of$25.00. The additional fee shall be designated for use by Code
Enforcement to ensure the availability of funds necessary for the execution of their duties.
2
OR BK 7826 PG 291
3 of 4
S CTION 7. CITATION.
The City reserves the right to issue citations in addition to or in lieu of abatement. Each
d y the nuisance continues shall be considered a separate offense. _
S CTION 8. LIEN.
Charges for abatement may be a lien upon the premises. Whenever a bill for such
c arges remains unpaid for ten (10) days after it has been rendered, the.City Manager or his
d signee may cause to be filed with the Clerk of Court of Pasco County a statement of lien
c aim. This statement shall contain a legal description of the premises, the expenses and costs
i curred and the date the abatement was performed, and a notice that-the City claims a lien for
s ch amount.
Said liens not paid within ten (10) days shall accrue interest at maximum amount
p rmitted by law, per annum thereafter, or the maximum amount allowed by law, from_the date
o the record of said lien and all costs of collections, shall continue to be a lien against,said real
property until paid, and collection thereof shall be enforced as provided by Chapter 173;'Florida
Statutes, for the collection and enforcement of taxes and assessments levied upon property.
Notice of such lien claim shall be made pursuant to Chapter 162, Florida Statutes.
The aforementioned lien shall be superior to all other liens except liens for taxes and
o her special assessment liens imposed by the City. -
S CTION 9. FORECLOSURE OF LIEN.
Property subject to a lien for abatement of nuisance may be sold for non-payment of the
s ne and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is
tl�e case in the foreclosure of statutory liens. Such'foreclosure shall be in equity in the name of
tl'e City. The City shall also recover all court costs and a reasonable attorney's fee at a rate
cdmparable 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
to City Council approval, in the name of the City, in any court having jurisdiction over such
m itter, against any property for which such bill has remained unpaid ninety (90) days after it has
b en rendered.
SECTION 10.REPEALER.
y ordinance or part of any ordinance, in conflict;herewith is hereby repealed to the extent of
ai y conflict.
S CTION 11. SEVERABILITY.
It s declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any
se tion, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the
re iainder of this Ordinance shall be construed as not having contained said section, subsection,
se itence, clause, or provision and shall not be affected by such holding.
SECTION 12.INCLUSION IN CODE.
T e provisions of this Ordinance shall become and be made part of the Code of the City of
Zi phyrhills, Florida. The sections of this Ordinance may be renumbered or re-lettered and the
w rd "ordinance" may be changed to "section", "article" or such other appropriate word or
p1 ase in order to accomplish such.
$ CTION 13. EFFECTIVE DATE.
TI is Ordinance shall become effective upon passage on the third reading and signing by the
M yor.
3
OR BK 7826 PG 292
4c 1 h, 4 of 4
The_foreg:ing Ord{harfpe o.1011-08 was read and passed on the first reading in an open and
regular mting of the Cry Council of the City of Zephyrhills, Florida, on this 10th day of March,
2008.
cj-
' Linda D. Boa ,'City Clerk Kenneth V. Compton, Council President
The for F egoi .rdinance No. 1011-08 was read and passed on the second reading, following a
r
public Vgmg,.mr..an per and regular meeting of the City Council of the City of Zephyrhills,
Florida;•on thi§24th da pMarch, 2007.
Attest:
);i -D: Boar, City Clerk Kenneth V. Compton, Council President
The'foregoin°g Ordinance No. 1011-08 was read and passed on the third reading, following a
public Beating, in;ax 'opens and regular meeting of the City Council of the City of Zephyrhills,
Florida njlis 4th day of April, 2008.
Attest: C
Boars;City Clerk Danie W. Burgess, Jr., Council Pre ent
6g fo go*ng Ordinance No. 1011-08 was approved by me this 14t1i day of April, 2008.
7
W. Clif c uffie, or
pproved as to legal f and legal content
Jo ick, City Attorney
4