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

to be delivered, by certified mail or hand delivery, a notice of abatement to the Property Owner(s) containing the information set forth in subsection (b). D. If the Property Owner(s) fails/fail to correct the nuisance within 15 days after posting of the placard and mailing of the notice, the Growth Management Director, or his or her designee, may cause the nuisance to be immediately corrected by removing, abating, terminating, or eliminating the nuisance. The County’s action to correct the nuisance shall be at the expense of the Property Owner(s). Sec. 11-1511 – Correction of imminently hazardous nuisance conditions. A. In situations involving nuisance conditions requiring immediate, direct action to eliminate hazards imminently dangerous to the health, safety or welfare of the public, the County may cause the nuisance to be 5  immediately corrected by abating, terminating, removing, or eliminating the nuisance. The County's action to correct the nuisance shall be at the expense of the Property Owner(s). B. Within five (5) days after the County has ordered the correction of an immediately hazardous nuisance in accordance with subsection A , the Growth Management Director, or his or her designee, shall give the Property Owner(s) notice of said correction according to the procedures detailed in Section 11-1509. In addition to the requirements of Section 11- 1509, the notice shall set forth that the property contains hazards requiring immediate correction, that the nuisance has not been corrected, and that the Property Owner(s) has/have 30 days from the date of receiving the certification of costs to either make payment to the County or file a written request with the County for a hearing before the Board of County Commissioners at which the Property Owner(s) shall have an opportunity to show cause why costs of correction should not be assessed against the property. Sec. 11-1512 – Certification of costs. After a nuisance has been corrected by the County, the Growth Management Director, or his or her designee, shall certify to the Clerk of the Circuit Court all expenses incurred by the County in correcting said violation plus applicable administrative charges. A copy of the certification shall be sent by regular mail to the last known address of the Property Owner(s), which copy shall constitute a demand for the payment of such costs. Except as specifically provided in Section 11-1523 payment shall be due within 30 days of receiving the certification. Sec. 11-1513 – Right to hearing after corrective action taken A. Prior to the expiration of the time that payment for correction of a nuisance by the Board of County Commissioners is due, the Property Owner(s) shall have the right to have a hearing before the Board of County Commissioners to show cause, if any exists, why the costs and charges incurred by the County are excessive or unwarranted. Nothing contained in this Section shall to be construed to disturb or permit a review of prior orders entered by the Code Enforcement Board or the Board of County Commissioners; provided, however, that if the County has corrected an imminently hazardous nuisance on property pursuant to Section 11-1511, the Property Owner(s) may challenge the necessity of the County's action to correct said nuisance. In the event that the Board of County Commissioners finds that the immediate correction of a nuisance under Section 11-1511 was not necessary, no costs shall be assessed against the Property Owner(s) for such correction. 6 B. A request for a hearing must be in writing, must be served upon the Growth Management Director, or his or her designee, prior to the time that payment for the correction of a nuisance is due, and must be attached to a copy of the certification of costs. Upon the filing of a proper written request for a hearing, liability for payment of the certification costs shall be suspended until the conclusion of the hearing before the Board of County Commissioner. Any costs assessed by the Board of County Commissioners shall be due within ten (10) days of the hearing. Sec. 11-1514 – Lien created. If the Property Owner(s) fails to make payment within the time specified, the certification of costs assessed against the affected land, as described in Section 11-1512, shall be recorded in the official records of the County and shall create and constitute an order and a lien against such land. Said certification shall bear interest at the current statutory rate of interest per annum as provided by the Florida Statutes for judgments and shall constitute a lien upon the land from the date of the recording. The lien shall be collectible in the same manner as liens for taxes and with the same attorney's fee, penalties for default in payment, and under the same provisions as to sale and forfeiture, as apply to other County taxes. Collection of such costs, with such interest and with a reasonable attorney's fee, may also be made by the Board of County Commissioners by proceedings in a court of competent jurisdiction to foreclose the lien in the manner in which a lien for mortgages is foreclosed under the Laws of Florida. More than one lot or parcel of land, by whomever owned, may be joined in any foreclosure action if assessed under the provisions of this Part. Property subject to a lien may be redeemed at any time prior to sale by its owner by paying the total amount due under the corresponding lien including all interest, court costs, advertising costs and reasonable attorney's fees. Alternatively, the County, at its election, may collect the amounts due as a non-ad valorem assessment which shall be collected in compliance with the provisions of section 197.3632, Fla. Stat. Sec. 11-1515 – Administrative expenses. In addition to the actual cost of correcting the violation pursuant to Section 11- 1512, the County may also assess charges for administrative expenses incurred in securing and monitoring the services of a private contractor to correct the violation. Sec. 11-1516 – Injunctive relief. In addition to any other action authorized by law, the Board of County Commissioners may bring suit to restrain, enjoin, or otherwise prevent any violation of this Part. 7 Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the Board of County Commissioners that such invalidity will not affect other provisions of application of this Ordinance which can be given effect without the invalid provision of application and, to this end, the provision of this Ordinance are declared severable. Section 3. Codification. It is the intention of the Board of County Commissioners that the provisions of this Ordinance will become and be made part of the Okaloosa County Code, and that the word “Ordinance” may be changed to “section,” “article,” of other appropriate word or phrase and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; providing, however, that the Section 2, 3, and 4 of this Ordinance shall not be codified. Section 4. Effective date. This Ordinance will take effect as provided by law. 8  BE IT ORDAINED by the Board of County Commissioners of Okaloosa County, this ____ day of _____________, 2015. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUTNY FLORIDA __________________________________ Nathan D. Boyles, Chairman ATTEST: __________________________________ J.D. Peacock, II, Clerk and Comptroller APPROVED FOR LEGAL SUFFICIENCY _______________________________ Gregory T. Stewart, County Attorney 9