HomeMy WebLinkAbout1283-15 Nuisance and Junk I '011't15111 '411i 'L"1111I11111IIIll IIIII Illll IHII IIII�II�
2184555
AMENDED
Rept:1728165 Rec: 61.00
DS: 0.00 IT: 0.00
ORDINANCE NO. 1283-15 11/17/2015 E. M. , Dpty Clerk
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA,
REGARDING PROPERTY MAINTENANCE; ACCUMULATION OF
JUNK AND DEBRIS; EXCESSIVE GROWTH AND ACCUMULATIONS;
PROVIDING FOR PROCEDURES FOR ENFORCEMENT; PROVIDING
FOR A LIEN THEREFORE AND FOR FORECLOSURE IF NOT PAID;
PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE. PAULA S.0'NEIL,Ph.D.PASCO CLERK & COMPTROLLER
11OR7BK019286 PG 1383
WHEREAS, the City Council of the City of Zephyrhills find that there are existing properties in
the City that negatively affect the health, safety and general welfare, as well as the appearance,
and aesthetics of the City; and
WHEREAS, the public health, safety and general welfare require that such properties be
regulated in order to reduce the potential harm and in order to preserve the quality of urban life
and business areas of the community; and
WHEREAS, the location of such properties may adversely affect property values, cause an
increase in crime, and encourage residents and businesses therein to move elsewhere; and
NOW, THEREFORE, be enacted and ordained by the City Council of Zephyrhills Florida as
follows:
Section 1.
The above whereas clauses are hereby adopted and incorporated herein.
Section 2. Maintenance of residential occupancies.
A. The term "residential occupancy" shall mean buildings in which families or
households live or in which sleeping accommodations are provided, and all
dormitories. Such buildings include, among others, the following: Dwellings, multiple
dwellings and lodging houses.
B. All residential occupancies shall comply with the following minimum
standards:
1. General maintenance. The exterior of every residential occupancy, and each
accessory structure located on the lot or parcel on which the residential occupancy is located,
shall be maintained in a good state of repair and all surfaces other than roofs shall be kept
painted or whitewashed, or otherwise covered with permanently colored siding, for purposes of
preservation and good appearance. All exterior surfaces shall be maintained free of broken glass,
loose or rotting shingles and clapboards, crumbling stone or brick, mold, peeling, blistering or
chalking paint and other conditions reflective " f deterioration or inadequate maintenance. Broken
glass in any windows shall be promptly repI ed with glass provided; however, that temporary
coverings of wood shall be permitted to prevdnt intrusion of the elements pending repair of the
broken glass for a period not to exceed seven(7)days.
2. Maintenance of painted or whitewashed surfaces. All exterior painted or
whitewashed surfaces of each residential occupancy and all structures accessory thereto shall be
maintained such that the surfaces:
a. Are repainted or re-whitewashed, in whole or in part as necessary to cure
the deteriorating condition, whenever the painted or whitewashed surfaces begin to blister, peel,
chalk or otherwise deteriorate in a noticeable manner; and
b. Are pressure washed or otherwise cleaned whenever the painted or
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 9286 PG 1384
2 of 7
whitewashed surfaces accumulate buildup of mildew, moss, mold, dirt, soot or other removable
accumulations.
3. Maintenance of roofs. All roofs shall have a covering permitted under applicable
building codes that shall at all times be free of holes, cracks, leaks or excessively worn surfaces
so as to prevent the entrance of moisture into the structure and so as to provide reasonable
durability. Metal roofs showing signs of corrosion. Barrel tile or other tiled roofs showing
signs of discoloration, shall be painted with a product approved and recommended by the
manufacturer of the roof covering applied in accordance with the specifications of the product's
manufacturer. Shake shingle roofs showing signs of excessive curling, mildew, moss, rot or other
deteriorating conditions shall be repaired, in whole or in part, as necessary to cure the
deteriorating condition.
Section 3. Excessive growth, accumulations.
A. It shall be unlawful for any lot, tract, parcel of real property, structure, building or
premise located within the incorporated boundaries of the City, whether improved or
unimproved,to contain or maintain the existence of:
I. Weeds, grass, undergrowth or other vegetation (other than living trees, shrubs or
other vegetation protected by state or local law), whether living or dead, at a height exceeding
twelve (12) inches;
2. Plant materials, especially trees and shrubs, afflicted with decay, disease, insect
infestation, or which are otherwise dangerous to other plant material, and plant materials that are
not maintained, trimmed, or which evidence signs of neglect;
3. Any accumulation of debris, garbage, rubbish, junk, broken glass, or furniture;
appliances including without limitation a refrigerator, stove, washer, dryer, television or other
household item; an automobile, boat, truck, trailer, camper, watercraft and/or other vehicle, or
any part thereof, whether motorized or non-motorized, that is unlicensed, unregistered, or that is
inoperable, is in a state of major disassembly, disrepair, or is in the process of being stripped or
dismantled, including painting of vehicles except and unless the disassembly, repair, stripping, or
dismantling occurs inside a facility authorized for such use; or construction materials unless
occurring pursuant to a valid construction permit; or
4. Any trash in any building, structure or premises so that the same may afford food
or harborage for rodents, rats, vermin, snakes, pests or other animal that may be hazardous to the
public health, safety or welfare.
B. All tenants or occupants of any real property abutting any local street or alley within the
City, or if no tenant or occupant then the owner thereof, shall be required to keep that part of the
street or alley between the property lines and the curb, including gutters. or up to the median
point of an alley, improved or unimproved, in a safe and sanitary condition at all times. Said area
shall be kept free from trash of all kinds except household waste that is being properly disposed.
Sidewalks shall be kept free from debris, sand, leaves, algae growth, vegetation and slippery
conditions.
Section 4. Commercial, business, institutional and industrial structures.
A. Every structure and the premises on which it is situated in the City used or intended to be
used for commercial, business, institutional or industrial purposes shall comply with the
provisions of this section, whether or not the structure shall have been constructed, altered or
repaired before or after the enactment of this article. This section establishes certain minimum
standards for the initial and continued occupancy and use of all such structures and does not
replace or modify standards otherwise established for the construction, repair, alteration or use of
the structure, the premises or the equipment or facilities contained in the structure or on the
premises.
OR BK 9286 Pr, 1385
B. No person shall maintain or operate any commercial, business, institutional or industrial
structure which does not comply with the following minimum standards:
1. Maintenance of exterior. The exterior of the premises and of all structures thereon
shall be kept free of all nuisances and any hazards to the safety of occupants, customers,
pedestrians and other persons utilizing the premises, and free of insanitary conditions, and any of
the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty
of the owner or operator to keep the premises free of hazards which include, but are not limited
to, the following:
a. Brush, weeds, broken glass, stumps, roots, obnoxious growths and
accumulations of filth, garbage,trash, refuse, debris and inoperative machinery;
b. Dead and dying trees and limbs;
c. Loose and overhanging objects which by reason of location above ground
level constitute a danger of falling on or striking persons in the vicinity thereof:
d. Holes, excavations, breaks, projections, obstructions and excretions of pets
and other animals on paths, walks, driveways, parking lots and parking areas and other parts of
the premises which are accessible to or used by persons on the premises;
e. Sources of infestation;
f. Foundations, floors and walls which are not structurally sound;
g. Chimneys and flue and vent attachments which are not safe, durable,
smoke-tight and capable of withstanding the action of flue gases and heat;
h. Exterior porches, landings, balconies, stairs and fire escapes which are not
provided with banisters or railings properly designed and maintained to minimize the hazard of
falling.
2. Appearance of exterior. The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of the premises and all buildings
thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood or
such higher standards as may be adopted as part of a plan of minimum property standards of the
City and such that the appearance of the premises and structures shall not constitute a blighting
factor for adjoining property owners nor an element leading to the progressive deterioration and
downgrading of the neighborhood, including the following:
a. Premises shall be kept landscaped and lawns, hedges and bushes shall be
kept trimmed.
b. All permanent signs and billboards exposed to public view, permitted by
reason of other regulations or as a lawful nonconforming use, shall be maintained in good repair.
Any signs which have excessively weathered or faded or those upon which the paint has
excessively peeled or cracked shall, with their supporting members, be removed or put into a
good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with
their supporting members, be removed.
c. All windows exposed to public view shall be kept clean and free of marks
or foreign substances, except when necessary in the course of changing displays.
OR BK
9286 o 1386
4
d. All storefronts and walls exposed to public view shall be kept in a good
state of repair.
e. Except for "For Rent" or "For Sale" signs, any temporary sign or other
paper advertising material glued or otherwise attached to a window or windows or otherwise
exposed to public view shall be removed at the expiration of the event or sale for which it is
erected or within sixty (60) days after erection, whichever shall occur sooner.
f. Any awning or marquee and its accompanying structural members which
extend over any street, sidewalk or any other portion of the premises shall be maintained in a
good state of repair. If the awnings or marquees are made of cloth, plastic or of a similar
material, the cloth or plastic where exposed to public view shall not show evidence of excessive
weathering, discoloration, ripping, tearing or other holes. Nothing in this subsection shall be
construed to authorize any encroachment on streets, sidewalks or other parts of the public
domain.
3. General maintenance. The exterior of every structure or accessory structure shall
be maintained in a good state of repair and all surfaces thereof shall be kept painted or
whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be
maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint
or other conditions reflective of deterioration or inadequate maintenance. In addition, the
following requirements shall be met:
a. Floors, interior walls and ceilings of every structure shall be structurally
sound and maintained in a clean and sanitary condition.
b. All roofs shall have an approved covering free of holes, cracks or
excessively worn surfaces which will prevent the entrance of moisture into the structure and
provide reasonable durability. Metal roofs showing signs of corrosion shall be painted with an
approved product applied in accordance with the manufacturer's specifications.
c. Every room open to the public or in which persons are employed and
every public hall and stairway in every structure shall be adequately lighted at all times that the
structure is in use or open to the public. Unless otherwise provided by law, adequate lighting, for
the purpose of this subsection, shall mean not less than five (5) foot-candles, measured at any
point on the floor of a room, hall or stairway.
d. Every structure shall have an unobstructed means of egress leading to
open space at ground level.
e. Washroom and water closet compartment floors shall be surfaced with
water-resistant materials and shall be kept in a dry, clean and sanitary condition at all times.
f. Supporting structural members are to be kept structurally sound, free of
deterioration and capable of bearing imposed loads safely.
g. Walls and ceilings shall be maintained in a good-state of repair. Walls
shall be provided with paint, paper, sealing material or other protective covering and shall be
kept clean, free of visible foreign matter and well-maintained at all times.
h. Every washroom and water closet compartment shall be provided with
permanently installed artificial lighting fixtures with a switch and wallplate so located and
maintained that there is no danger of short-circuiting from water or plumbing.
i. All premises shall be properly connected to electric power through safely
insulated conductors conforming to the building code.
OR BK 9286 PG 1387
5 of 7
j. All wiring or cables shall be properly affixed or attached to the structure
and kept in a good state of repair. No loose cords or loose extension lines in excess of six (6) feet
in length shall be permitted and no ceiling or wall fixture shall be used for supplying power to
equipment other than that for which they are designed.
k. Garbage storage containers or garbage disposal facilities shall be provided
and maintained for the disposal of garbage at every occupied structure.
1. Inflammable or combustible liquids or other materials may not be stored
on the premises unless they are of a type approved for storage by the regulations of the fire
department and then only in such quantities and in such fireproof storage containers as may be
prescribed by the regulations of the fire department.
4. Security requirements. All buildings shall be secured to prevent unauthorized
entry when unoccupied or unattended by maintenance or security personnel except
buildings used for public assembly which are required to be equipped with exit doors
with panic hardware. Public buildings equipped with approved photoelectric, ultrasonic
or other intrusion detection devices shall be kept in good working condition.
5. Duties and responsibilities. The owner of a structure shall be responsible for
maintaining the minimum standards required by this section unless his/her lease with the
operator provides otherwise. In any event, the operator shall be responsible for:
a. Keeping all parts of the premises under the control of the operator in a
clean and safe condition and the operator shall refrain from performing any acts which would
render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the
owner from performing any duty required by this section.
b. The elimination of infestation in and on the premises subject to his
control.
c. Maintaining all plumbing fixtures used by the operator in a clean and
sanitary condition and he/she shall not deposit any material in any fixture or sewer system which
would result in stoppage of or damage to the fixture or sewer system.
Section 5. General storage, unsanitary conditions and general public nuisances.
No lot, tract, parcel of real property or yard area shall be used as a collection or storage
area for debris, garbage, rubbish, junk, broken glass, or furniture; appliances including without
limitation a refrigerator, stove, washer. dryer, television or other household item; an automobile,
boat, truck, trailer, camper, watercraft and/or other vehicle, or any part thereof, whether
motorized or non-motorized, without a current, valid license plate or other registration certificate
thereon; construction materials unless collection is maintained pursuant to a valid construction
permit; dead, diseased or hazardous trees, lumber, vegetation, branches or sticks; trash not within
an approved receptacle in any structure, building or premise or on any lot, tract or parcel of
property; or storage or collection of other public nuisance items, unless otherwise specified
and/or permitted in this Code.
No lot, tract, parcel of real property or yard area shall be used as a garbage dump or a
dead animal rendering plant, nor may manure, rubbish, or public nuisance refuse be stored in the
open within any district where the same may be construed as a menace to the public health,
safety or welfare. No lot, tract, or parcel of real property shall contain a pool that contains
unsanitary water or other conditions detrimental to the public health, safety and welfare. Any
public nuisance prohibited by F.S., chapter 823 shall also be prohibited within the boundaries of
the City.
It shall be unlawful for any owner or occupant of property to permit or maintain, or for any
person to cause an accumulation of rubbish, waste, trash, or debris, decaying vegetative matter,
OR BK 9286 PG 1388
6 of 7
exposed salvageable material or other manmade materials upon any lot, tract, or parcel of land
where the effect of such accumulation is to cause or to create any of the following:
A. A visual nuisance or other unsightly condition visible from adjoining public or
private property; or
B. An actual or potential haven or breeding place for snakes, rats, rodents or other
vermin of like or similar character; or
C. An actual or potential breeding place for mosquitoes; or
D. A fire hazard to adjacent properties; or
E. An adverse effect on or impairment of the economic welfare of adjacent
properties; or
F. A hazard to traffic at road intersections or rights-of-way within the City; or
G. A nuisance as defined by law, or other unsanitary condition.
Section 6. Violation; penalty.
Violation of any provision of this chapter shall be deemed a civil infraction. Enforcement
of this chapter shall be the responsibility of the City's code enforcement officers and the
members of the City police department. Enforcement of this chapter shall be pursuant to Pasco
County Administrative Order Number 00-05, and all subsequent amendments thereto, in
accordance with 36.02 of the City Code, or by any other method permitted by the City Code,
including without limitation through the use of the City's code enforcement board or an
injunctive or other action in circuit court.
Any violations of sections 2 or 5 shall be cited for a Class II violation, any violations of
Section 3 shall be cited for a Class IV violation, and any violations of Section 4 shall be cited for
a Class I violation.
Section 7. REPEALER.
Any ordinance or part of any ordinance, in conflict herewith is hereby repealed to the extent of
any conflict.
Section 8. SEVERABILITY.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any
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 9. INCLUSION IN CODE.
The provisions of this Ordinance shall become and be made part of the Code of the City of
Zephyrhills, Florida. The sections of this Ordinance may be renumbered or re-lettered and the
word "ordinance" may be changed to "section", "article" or such other appropriate word or
phrase in order to accomplish such.
Section 10. EFFECTIVE DATE.
This Ordinance shall become effective upon passage on the second reading and signing
by the Mayor.
OR BK 9286 PG 1389
Ol : LPy
7 of 7
fhe.foregoing OYeJ}'n .nce No. 1283-15 was read and passed on the first reading in an open and
eguI& meeting of e City Council of the City of Z hyrhills, Florida, on this 12`" day of
Oct bar, 20.15— 1
Attu:
d r ' Lind .D .9 an, City Clerk eth M. Burgess, cil President
The foregairtg Ordinance No. 1283-15 was read and passed on the second reading, following a
public_hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, &r thi26Ujday of October, 2015.
I inch : Bo , City Clerk Ke eth M. Burgess, C unci esident
'e S,
u The f9ft goingOrdihance No. 1283-15 was approved by me this 26th day of October, 2015.
(,) / ,usa .G►ti�
Gen itfield, M r
Approved as to legal form and legal content
seph A. Poblick, City Attorney