HomeMy WebLinkAbout684-98 Amend Ord. 150 re. Nuisances •
1 MIII 11111 11111 11111 11111 110 1111
98012833
Rcpt: 213303 Rec: 24.00
DS: 0.00 IT: 0.00
02/04/98 Dpty Clerk
JED PITTMAN, PASCO COUNTY CLERK
02/04/98 02:50p■ 1 of 5
ORDINANCE NO.: 684 OR.-HK 3876 PG 220
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA, A
MUNICIPAL CORPORATION, AMENDING THE
FOLLOWING SECTIONS OF CHAPTER 95
(NUISANCES) OF THE CODE OF THE CITY OF
ZEPHYRBILLS; SECTION 95.01 WEEDS, TRASH
AND CERTAIN EXCAVATIONS DECLARED
NUISANCES; SECTION 95.02 PROPERTY
OWNER'S DUTY TO CLEAR LAND AND
ABUTTING SIDEWALKS SPECIFIED; SECTION
95.03 NOTICE WHEN FAILURE TO COMPLY--
MANNER OF SERVING; SECTION 95.05 SAME
APPEAL FROM FINDINGS OF CODE
ENFORCEMENT OFFICER; SECTION 95.06
ABATEMENT OF NUISANCE BY CITY,
ASSESSMENT OF COST; AND ENACTING
SECTION 95.061 DISPOSITION OF PROPERTY.
, � IT nrT.s Trr « � « City of
„s+ ORDAI .ED by the"City Council of the Zephyrhills,
Florida, sitting in regular meeting that:
Section I: That Chapter 95, Nuisances, Section .01: Weeds, Trash
and Certain Excavations Declared Nuisances is deleted in its entirety and shall
henceforth read as follows:
CHAPTER 95 Nuisances:
SECTION.01: Certain Conditions Deemed Nuisances:
Undergrowth, rubbish, debris, dead trees, trash, unsightly and
unsanitary excavations and depressions, as well as open storage of any
inoperable motor vehicle,ice box, refrigerator, stove, glass, building materials,
or any other similar items within the City limits are considered to be
detrimental to the health and welfare of the citizens of the City and are
declared to be nuisances.
This provision shall not apply to those properties which are in a
commercial or industrial zoning district in which the accumulation of certain
items is a permitted use or an approved conditional use.
For purposes of this Chapter, an inoperable motor vehicle shall be one
which can not be driven upon public streets, for reasons including but not
1
Record and Return to:
City Clerk's Officetk4
5335 8th Street t5
Zephyrhills, FL 33540
OR BK Z$76 PG :221\
2of5
limited to,unlicensed,wrecked, abandoned, in a state of disrepair or incapable
of being moved under its own power.
Section II: That Chapter 95, Nuisances, Section .02: Property
Owner's Duty to Clear Land and Abutting Sidewalks--Specified is deleted in
its entirety and shall henceforth read as follows:
CHAPTER 95 Nuisances:
SECTION .02: Removal of Certain Conditions from Land and
Abutting Sidewalks:
It shall be the duty of every owner of land lying within the corporate
limits within the City of Zephyrhills to clear such land and remove and destroy
all weeds,undergrowth,rubbish, debris, trash and all unsightly and unsanitary
excavations or depressions that may be on such land, and to remove any
inoperable motor vehicle, ice box, refrigerator, stove, glass, building material,
building rubbish or other similar items. It shall also be the duty of every land
owner of land with a sidewalk abutting the land to keep the sidewalk free of
all weeds, undergrowth, rubbish, debris, dead trees and trash.
Section HI: That Chapter 95,Nuisances, Section .03: Notice When
Failure to Comply--Manner of Serving is deleted in its entirety and shall
henceforth read as follows:
CHAPTER 95 Nuisances:
SECTION .03: 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§95.02 the Code Enforcement Officer shall give notice to such
owner, requiring him to comply with the foregoing requirements as may be
necessary and appropriate in the particular case. Notice shall advise the
owner or occupant that failure to comply may result in the City abating the
nuisance, and that all costs or fees resulting therefrom shall constitute a lien
on the property, which may be subsequently foreclosed. Notice shall also
advise owner or occupant that any property seized shall be disposed of in
accordance with§95.061. Such notice may be given by mailing certified mail,
returned receipt requested, a true copy of such notice to the owner of the land
at the address as shown on the latest City of Zephyrhills tax rolls. If the
notice is returned unclaimed, or marked "address unknown", then notice may
2
OR BK 3876 PG 222
3of5
be served by posting true copy thereof on the property involved for ten(10)
consecutive days.
Section IV: That Chapter 95,Nuisances, Section .05: Same-Appeal
from Findings of City Clerk is deleted in its entirety and shall henceforth read
as follows:
CHAPTER 95 Nuisances:
SECTION .05: Same-Appeal from Findings of Code Enforcement
Officer:
(a) Any owner aggrieved by the findings and order of the Code
Enforcement Officer, as set forth in the notice provided for in §95.03 shall
have the right to appeal to the City Council. Appeals shall be taken within ten
(10) days after service of the notice by filing with the Code Enforcement
Officer a notice of appeal and specifying the grounds thereof The Code
Enforcement Officer shall, at the next regular or special meeting of the City
Council, transmit to the City Council his/her 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) days notice 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 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 V: That Chapter 95,Nuisances, Section .06: Abatement
of Nuisance by City, Assessment of Cost is deleted in its entirety and shall
henceforth read as follows:
CHAPTER 95 Nuisances:
SECTION .06: Abatement by City; Assessment of Costs:
flan owner fails, refuses, or neglects to comply with the Order of the
Code Enforcement Officer and fails, refuses, or neglects to exercise the right
3
OR BK 3876 pB 223
4 of 5
of appeal provided for in§95.05 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 Code Enforcement Officer shall cause the nuisance to
be abated and the reasonable cost and expense of such abatement and disposal
by the City shall constitute a lien and shall be perfected in accordance with
§95.24 and may be foreclosed upon in accordance with §95.25 on the land
cleared and cleaned and/or on the land abutting on the sidewalk, cleaned or
cleared, or the land filled.
The remedies provided by this Section are cumulative and nothing
herein shall be deemed a waiver by the City to pursue any other remedy.
available to it, including but not limited to injunction or fine.
Section VL: That Chapter 95, Nuisances, Section .06(1):
Disposition of Property is hereby enacted and shall henceforth read as follows:
CHAPTER 95 Nuisances:
SECTION .06(1): Disposition of Property:
Any items seized by the Code Enforcement Officer that the Code
Enforcement Officer reasonably concludes has a more than marginable,market
value shall be retained by the City until the time set forth in the Notice,or
until the conclusion of any appeal proceedings, pursuant to §95.05 have been
concluded, whichever comes later.
Thereafter,the City may publish a Notice of its intent to dispose of the
property through public sale by competitive bid. Notice of time and place of
the sale must be given by advertisement of the sale, published once a week for
two consecutive weeks in a newspaper of general circulation in the County
where the sale is to be held. The Notice shall include a statement that the sale
shall be subject to any and all liens. The sale is to be held at the nearest
suitable place to where to the property is held or stored. The advertisement
must include a description of the goods and the time and place of the sale.
The sale may take place no earlier than ten (10) days after the final
publication.
From the surplus of the property sold at public sale, pursuant to the
above, the City shall deduct from the proceeds the cost of transportation,
storage, publication of notice and any administrative or legal fees incurred by
the City. Thereafter, any surplus shall be applied to the lien imposed pursuant
4
•
OR BK 3876 G 224'
5of5
to §95.06. Any remaining surplus shall be delivered to the owner of the
property sold.
Section VII: The provisions of this Ordinance are severable, and if
any section, sentence, clause, or phrase is for any reason held to be ,
unconstitutional,invalid, or ineffective,this holding shall not affect the'validity
of the remaining portions of the Ordinance, it being expressly declared to be
the City Council's intent that it would have passed the valid portions of this
Ordinance without the inclusion of any invalid portion or portions.
Section VIII: This Ordinance shall become effective immediately
upon its passage. /
The foregoing Ordinance No. 6 Li was read and passed on its first
reading by the City Council of the City of Zephyrhills, Florida, on this /c
day of , A.D., 1998.
•,.-i)4 ...P.y.P6-.
--. e , : 1,4 '
C.3 •4 • L. B V .
'i^_ •,-„t-,7,,,,c, , _ President of Council
l 43ATTE T';: .-, N. i �
_: ,' Citi ClerkrLindaD`Boan
® L-®UFa1v3:
The-foregoing Ordinance No. VA,4 was read and passed on its
second.reading by the City Council of the City of Zephyrhills, Florida, on this
f ) ,, .d y o . A.D., 1998.
1 t.
• • L. B11 "'IA
i - 0:11-.. ---. President of 'ty Council
v ATTET.- •1)4-fl,
' City CleraQ
1 Linda D. Boan
A.
CIO
Li titelforcegoing Ordinance No. C i/was approved by me this "
day of ; , A.D., 1998.
i
."1-&./.4 A _A0.4.4.. // /
+AMES A.- AT..6�'; iviayor /
B
5