Okaloosa County BOCC — September 1, 2015 — Draft Excessive Vegetation Ordinance 9-1-2015

ORDINANCE NO. 2015- _____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA; CREATING A NEW DIVISION V OF ARTICLE III OF CHAPTER 11 OF THE OKALOOSA COUNTY CODE OF ORDINANCES ENTITLED “EXCESSIVE GROWTH AND ACCUMULATION OF VEGETATION”; PROVIDING FOR THE ENFORCEMENT; PROVIDING THE RIGHT FOR THE COUNTY TO ELIMINATE A NUISANCE, PROVIDING FOR THE RESPONSIBILITY FOR PAYMENT OF COSTS FOR ELIMINATING OF A NUISANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF ORDINANCES; PROVIDING FOR MODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 162, Florida Statutes, the Board of County Commissioners of Okaloosa County (the “Board”) has the power to adopt Ordinances necessary for the exercise of its powers and to prescribe fines and penalties for the violation of Ordinances in accordance with law; and WHEREAS, the Board desires to protect the public health, safety, and welfare of the citizens of Okaloosa County and maintain a high quality of life for the citizens of Okaloosa County; and WHEREAS, the Board further finds that it is necessary to control excessive vegetation to protect the health, safety and welfare of the citizens. As excessive growth and accumulation of vegetation creates conditions leading to a haven or breeding place for snakes, rats, rodents or other vermin of like or similar character, creates a breading place for mosquitoes, creates a fire hazard to adjacent properties, adversely affect or impair the economic welfare and value of neighboring properties and may create a hazard at road intersections or right-of-ways within the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, AS FOLLOWS: SECTION 1. CREATION OF DIVISION V OF ARTICLE III OF CHAPTER 11. The Board hereby creates a new Division 5 of Article III of the Chapter 11 of the Okaloosa Code of Ordinances, concerning Excessive Growth and Accumulation of Vegetation, to read as follows: 1 DIVISION V – EXCESSIVE GROWTH AND ACCUMULATION OF VEGETATION Sec. 11-1501. – Short title. This article shall be known as “Excessive Grown and Accumulation of Vegetation Ordinance of Okaloosa County”. Sec. 11-1502. – Applicability. The requirements and standards of this article shall apply throughout the unincorporated area of Okaloosa County. Sec. 11-1503 - Purpose. The purpose of this article is to protect the health, safety, and welfare of the citizens of Okaloosa County by preventing excessive growth and accumulation of vegetation that can lead to hazardous conditions. These conditions include havens or breeding places for snakes, rats, rodents or other vermin of like or similar character and mosquitoes. Further such conditions create a fire hazard to adjacent properties and adversely affect or impair the economic welfare or value of neighboring properties and may create a hazard at road intersections or right-of- ways within the County. Sec. 11-1504 – Enforcement. The enforcement of the provisions herein shall primarily be the responsibility of the Code Enforcement Division of the Okaloosa County Growth Management Department with assistance, as necessary to obtain compliance, from other Okaloosa County Departments, the Okaloosa County Sheriff’s Office, and the State Department of Health. Sec. 11-1505 – Definitions. As used in this article, the following words and terms shall have the meaning respectively ascribed, unless the context clearly requires otherwise: A. Enforcement Officer shall mean the person designated by the Board of County Commissioners to enforce the provisions of County codes and ordinances. The term includes, but i