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HomeMy WebLinkAbout150 Removal of Weeds ' O ORDINANCE NO.. I-� AN ORDINANCE PROVIDING FOR: THE CLEARING AND REMOVING OF WEEDS AND OTHER NUISANCES FROM LAND, AND PROVIDING PROCEDURE FOR ENFORCING PAYMENT OF THE COST OF SUCH REMOVAL; PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILIIS AS FOLLOWS : SECTION :I: WEEDS, TRASH AND CERTAIN EXCAVATIONS DECLARED NUISANCES. Weeds, undergrowth, rubbish, debris , trash and unsightly and unsanitary excavations and depressions on any land or side- walks within the City Limits are considered to be detrimental to the health and welfare of the citizens of the City and are hereby declared to be a nuisance .' SECTION II : PROPERTY OWNER 'S DUTY TO CLEAR LAND AND ABUTTING SIDEWALKS SPECIFIED. It shall be the duty of every owner of land lying within the corporate limits of the City to clear the same and remove and destroy all weeds, undergrowth, rubbish, debris, trash and all unsightly and unsanitary excavations or depressions that may be on such land. It shall also be .the duty of every owner of land with a sidewalk abutting their own to keep the sidewalk free of all weeds, undergrowth, rubbish, debris and trash. SECTION III: SAME - - NOTICE WHEN FAILURE TO COMPLY - - MANNER OF SERVING. If the owner of any land within the City shall fail to comply with the provisions of Section II, the City Clerk shall give notice to such owner, requiring him to comply with the foregoing requirements as may be necessary and appropriate in the particular case. Such notice may be given by mailing certified mail, returned receipt requested, a true copy of Page One. such notice to the owner of the land at the address as is shown on the latest City of Zephyrhills Tax Rolls. If the notice is returned unclaimed, or marked "address unknown" , then notice may be served by posting true copy thereof on the property involved for ten (10) consecutive days. SECTION IV: SAME - SAME-DATA. REQUIRED The notice provided for in Section III shall set forth the legal description of the property as is set forth on the latest tax rolls, as aforesaid, and shall specify the time, not less than fifteen (15) days , in which the, owner shall abate the nuisance and clear the land. Such notice shall have attached thereto a true copy of Section I through VII of this Ordinance . SECTION V: SAME - - SAME-APPEAL FROM FINDINGS OF CITY CLERK (a) Any owner aggrieved by the findings and order of the City Clerk, as is set forth in the notice provided for in Section III, shall have the right to appeal to the City Council. Appeals shall be taken within ten (10) days after service of such notice by filing with the City Clerk a Notice of Appeal and specifying the grounds thereof. The City Clerk shall, at the next regular or special meeting of the City Council, transmit to the City Council his findings, a true copy of the notice, a certificate of its service of the owner, and the Notice of Appeal as filed by the owner. An appeal shall stay all proceedings and furtherance with the action appealed from until a hearing on the appeal shall be had by the City Council. (b) The City Council shall forthwith fix a reasonable time for the hearing of the appeal and give not less than five (5)no icel thereof to the Appellant. At the hearing, the Appellant may appear in person, by agent or attorney, and shall Page Two. I be given an opportunity to be heard. The City Council shall act by formal resolution, which shall set forth the reason for its action. Every decision of the City Council shall be passed upon a finding of fact and sworn testimony. The City Clerk is empowered and authorized to swear all witnesses at such hearing.; SECTION VI : SAME - - ABATEMENT OF NUISANCE BY CITY, ASSESSMENT OF COST If an owner fails, refuses, or neglects to comply with the Order of the City Clerk and fails, refuses, or neglects to exercise . the right of appeal provided for in Section V,. within the time prescribed therefore, or fails, refuses, 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 the reasonable cost and expense of such abatement by the City is hereby assessed by land cleared and cleaned on the land abutting on the sidewalk, cleaned or cleared, or the land filled. Said assessment is hereby declared in accordance with the CityTs Legislative Charter to be a lien upon such land and may be en- forced in the manner made and provided in the City Charter the same as other special assessments, or such lien may be enforced according to the manner made and provided by the General Statutes of the State of Florida, as to special assessment liens. SECTION VII: SAME - - PENALTIES FOR FAILURE TO COMPLY Every owner who shall fail, refuse, or neglect to comply with the Order of the City Clerk or the City Council , or other- wise violate the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof in the Municipal Court, be subject to a fine of not more than $100.00, or imprison- went in the City Jail for not more than twenty (20) days, or fine and imprisonment . Page Three. The foregoing Ordinance was read and passed on its First reading by .-thief City Council of the City of Zephyrhills, Florida, on the gday of '1'1c2 ; 1962 r sident o ity Council Attest.: _City Clerk The foregoing Ordinance was read and passed on its Second reading by the City Council of the City of Zephyrhills, Florida, on the day of sident o ty Council Attest : ty Clerk The foregoing Ordinance was read and passed on its Third reading by the City L1—e the City of Zephyrhills, Florida on-the / 7 ay �.J-day o , 1962. esident o ity Council Attest itS7 Clerk The foregoing Ordinance approved by me this /CJ day of ____ 1962. Mayor Approved as to form and legality: City Attorney Page Four . scrio VI: ORDINANCE NO. 150 SAME ABATEMENT OF AN ORDINANCE PROVIDING NTIISANCE BY CI Y, ASSESSMENT FOR THE CLEARING AND RE- OF'COST MOVING OF WEEDS AND OTH- If. an owner f ils, refuses, or ER NUISANCES FROM LAND, neglects to comply. ith the Order of the City Clerk and fails,right of refusees,ap- or AND PROVIDING PROCEDURE ex l�ffl suit f®r Proof of Publicationblica$i®� FOR ENFO$CING PAYMENT neglects toexercise the OF THE COST OF SUCH RF.- peal time pre for i therefor, within ZEPHYRHILLS NEWS MOVAL• PENALTY. the prescribed therefor, or fails 1@� P/�'S BE IT ORDAINED BY THE CITY refuses. or neglect to comply •with COUNCIL OF THE CITY OF ZEPH- the order of the ity Council noon 'YRHILLS AS FOLLOWS: Clerk to the City Council, the City Published Weekly SECTION I: C shall cause t e nuisance.to be WEEDS, TRASH AND CERTAIN abated and the" re sonable cost and EMCAVATIONS DECLARED NUI- expense of such batement by the SANCES. City is hereby ssessed by land rp {1 Weeds, undergrowth, rubbish, de- cleared and cleaned on the land abut- Zep yrhills, Pasco County, Florida bris, trash and unsightly and unsani- ting on the sidew lk, cleaned or tary excavations and depressions on cleared, or the lap filled. Said as- any land or sidewalks within the sessment is hereb declared in ac- STATE OF F OIZIDA, City Limits are considered to be cordance with the City's Legislative COUNTY OF ASC® detrimental to' the health and welfare Charter to be a li n upon such land of the citizens of the ty and are and may be 'enfor ed in the manner hereby declared to be a Ci nuisance. made and provided in the City Char- Before the undersigned authority personally appeared SECTION 1111: ter the same as of er special assess- OWNER'S DUTY TO ments. or.such lie may be enforced PROPERTY CLEAR LAND AND ABUTTfNG according to the nner made and 1 SIDEWALKS - - SPECIFIED, provided by the G neral Statutes of It shall be the duty of every owner the State of Florida,i as to special , of land lying within the corporate assessment liens. limits of the City to clear the same FECrTON VII: ]= and remove and destroy all weeds, SAME P NALTIES FOR who on oath s ys that he his _ r4a:> undergrowth, rubbish, debris, trash FAILURE T'O CO PLY and all unsightly and unsanitary ex- Every owner-siv o shall fail, re- of The Zephy hills News, a newspaper published at Zephyrhills cavations or depressions that may be fuse, or neglect to comply.with the In Pasco Cori t Florida' that the attached copy of advertise- on such land. It shall also be the Coder of the City. Clerk or the City Y, p- duty of every owner of land with a Council. or othe vise violate the sidewalk abutting their own to keep provisions ninth r, ,rdrnaizer;-ennn ba,. r r. the sidewalk free of all weeds, un- -_ ment, being a'___G e�=1'_1`_Q$___C,.._ v_.. guilty of'a._eresde neanor•.ani� .upon dergrowth, rubbish, debris and trash. 1 conviction; thereof in the Municipal -_- _- ---- SECCTION III: Court be subject to a fine of not SAME _ - -NOTICE WHEN FAIL- more than -4100 00 or iluprisonment URE TO COMPLY - MANNER OF ytv ,T'i sL nor k= ('l ,.z n r•^ i SERVING. f twenty (20) days of fine and im in the matter f _ - , _ __ ____ 3:._.�:' _ :CGcC,,`3_____CL___ If the owner of any land within ent the City shall fail to comply with,the lirTh e for The foregoing O dinance was read O�ti?7`_ L' ?' e? provisions of Section II, the City and passed'oho its First'reading by Clerk shall give notice to such owner, the City Council o the City of ieph- requiring him to comply with. the yrhills,`Florida, o the 16th day of in the ------------------------------------------ - foregoing requirements as may be May, 1962. necessary and appropriate in the par- Si Jai es Jarrett Court, was pub fished in said newspaper in the issues of ticular case. Such notice may be giv-, Presid nt of City Council P ----- en by mailing certified mail, returned City Seal receipt requested, a true copy of such Attest: S/ John P illipe Jr. T,. ; � notice to the owner of the land at City Clerk --------------- - _�»_-__.s_c_------------------ - ------- the address as.is shown on the latest City of Zephyrhills Tax Rolls. If the The d O Second nce adi read pa--------------- ---------- __ _ ________________________ notice is returned unclaimed, or and City on its o reading by f marked "address unknown', then no- the City Council of the City o tice may be served by posting true Zephyrhills,r Florid on the 1st day ------------------------------------------------------ copy thereof on the property involved of June, 1962. for ten (10) consecutive days. S/President of City Council Affiant fur her Says that said Zephyrhills News is a newspaper SECTION IV: City'Seal SAME - SAME-DATA RE- Attest: S/ JohnPhillips Jr. published at Z phyrhills, in said Pasco County, Florida, and that the QUIRED. City Clerk Said news a e has heretofore been continuously The notice provided for in Section The foregoing O dinance was read) P P published in said III shall set forth the legal descrip- and passed on its Third reading by Pasco Count Florida each week and has been entered as second tion of the property as is set forth the City Council of the City of 5ron the latest tax rolls, as aforesaid, Zephyrhills, Florid , on the 15th day class mail ma ter at the post office in Zephyrhills, in said Pasco and shall specify thte tune, not less' of June, 1962. County, Florida, for aperiod of one than fifteen (15) days, in whi:li the S/ Ja es Jarrett year next preceding the first owner shall abate the nuisance and President of City Counci1 publication of t e attached copy of advertisement; and affiant further clear the land. Such notice shall have City seal attached thereto a true copy of Sec- Attest: S/ John P fillips Jr. says that he El a has neither paid nor promised any person, firm or tion I through VII of this Ordma.nce. City Cler SECTION V: The foregoing 1rdinance approvec corporation an: discount, rebate, commission or refund for the pur- SAME - - SAME-APPEAL FROM by me this 15th d y of June, 1962. FINDINGS OF CITY CLERK S/ N. Chainberlair pose of securin this advertisement for publication in the said news- (a) Any owner aggrieved by the Mayor paper. as e and order of the City Clerk. Approved dlegality to findings is i set forth in the o notice provided, fo m 1/ i , t�� for in Section III, shall have the Raymond H. Hodes !- _1.,3,_I ' °_ l�l __,_ right to appeal to the City Council. City Attorney L.!- Editor Appeals shall be taken within ten Published June 22 1962 (10) days after service of such no- tice by filing with the.City Clerk a Sworn to andsubscribed before me Notice of Appeal and specifying the grounds thereof. The City Clerk shall, at the next regular or special meeting 1 )_1_ I. of the City Council, transmit to the this %J !- ay of �___L -'_____________- 19_�_., City Council his findings, a true 1 - copy of the notice, a certificate of its '1 / service of the owner, and the Notice _ )) //1/ / / of Appeal as filed by the owner. An 1_ 1_ L�_ _zC appeal shall stay all proceedings and otary Public. furtherance with the action appealed from until. a hearing on the appeal ---• shall be had by the City Council., (SEAL) �; �/ (b) The City Council shall forth- '1commission expires ----------./ _4___.._ '- i with fix a reasonable time for the MyP - - �-- -� hearing of the appeal and give not less than five (5) notices thereof to the Appellant. At the hearing, the Appellant may appear in person, by agent or attorney, and shall be given_ an opportunity to be heard. The City Council shall act by formal .reso- lution,which shall set forth the reason for its action. Every decision of the City Council shall be passed upon a finding of fact and sworn testimony. The City Clerk is empowered and authorized to swear all witnesses at such hearing.