Okaloosa County BOCC — December 1, 2015 — Excessive Vegetation Ordinance

ORDINANCE NO. 2015- _____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA; CREATING A NEW DIVISION 5 OF ARTICLE III OF CHAPTER 11 OF THE OKALOOSA COUNTY CODE OF ORDINANCES ENTITLED “EXCESSIVE GROWTH AND ACCUMULATION OF VEGETATION”; PROVIDING FOR 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 CODIFICATION; 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; and WHEREAS, the County has created certain land use classifications to accommodate developments which incorporate the mixed use concept; and WHEREAS, these land use classifications consist of the Mixed Use 1 and Mixed Use 2 categories; and WHEREAS, Mixed Use Districts are recognized as providing many benefits to the community including less impact on certain County infrastructure such as transportation; and WHEREAS, Mixed Use Districts provides a development which can consist of a variety of housing types as well as a functional mix of residential and non-residential land use, developed under a master plan; and Page 1 of 9  WHEREAS, the nature of a mixed use development contemplates a variety of land uses in a relatively compact area; and WHEREAS, the compact nature of mixed use developments creates a situation whereby overgrown or otherwise blighted areas has a significant negative impact on the use, enjoyment and value of the properties within that development; and WHEREAS, Mixed Use Districts, as a result of their unique nature, require greater protection from conditions that consist of excessive and overgrown vegetation and neighborhood blight than do other existing zoning districts within Okaloosa County; and WHEREAS, excessive vegetation in Mixed Use Districts creates a blight in these areas which are not only unsightly, unsafe and adversely impacts on the value of the properties within that area. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, AS FOLLOWS: SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the Excessive Vegetation Ordinance of 2015. SECTION 2. 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: DIVISION 5 – EXCESSIVE GROWTH AND AC