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

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 ACCUMULATION OF VEGETATION Sec. 11-1501. – Short title. This article shall be known as “Excessive Growth and Accumulation of Vegetation Ordinance of Okaloosa County”. Sec. 11-1502. – Applicability. The requirements and standards of this article shall only apply throughout the Mixed Use-1 and Mixed Use-2 zoning classifications within the unincorporated area of Okaloosa County. Notwithstanding the foregoing, if any improved property subject to these regulations is within a master plan of development which enforces its own excessive vegetation regulations through either a homeowner association or other community organization, then said master plan of development regulations shall primarily apply and enforcement of these restrictions as it pertains to the specific improved property shall control. Sec. 11-1503 - Purpose. Page 2 of 9 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 is not limited to, code enforcement officers and all County personnel with Board designated responsibility to enforce codes and ordinances. B. Excessive Growth and Accumulation of Vegetation shall mean any weed growth, or undergrowth of dead or living herbaceous vegetative matter that is growing in an uncontrolled manner or is not regularly maintained, and is in excess of eighteen (18) inches in height as measured from the soil level. Actively managed crops, pasture lands, and landscaping shall not be included within this definition. C. Improved property shall mean that part of any lot, parcel, or area of land that has been deliberately altered from its natural condition through human action for an identifiable purpose in support of a lawful use or activity including, but not limited to, residential or commercial development, storm water management, recreation and agriculture. Abandonment, disuse, or foreclosure shall not remove such property from classification as “improved.” Excluded from the definition are all federally-owned lands as well as all other public right-of-ways, publicly owned stormwater facilities, publicly owned landfills, and all publicly owned parks and/or natural land areas designated for passive recreational purposes. Property that does not fall within the scope of the proceeding description shall be considered “unimproved.” Page 3 of 9 D. Property Owner shall mean an owner of any real property, lot, tract or parcel of land. The owner of said real property as identified by the Property Appraiser shall create a rebuttable presumption as to theidentify of the actual Property Owner and real party in interest. E. Improved Parcel shall mean that parcel of real property as is identified as a single taxable parcel by the Property Appraiser and which contains the Improved property within its boundaries. Sec. 11-1506 – Nuisance declared. A. It is hereby declared and determined by the Board of County Commissioners of Okaloosa County that the excessive growth and accumulation of vegetation is a nuisance when existing upon improved property zoned Mixed Use -1 (MU-1) and Mixed Use-2 (MU-2) within the unincorporated area of Okaloosa County. B. Exceptions. The Provisions of this Article shall not apply to Improved Property in which the excessive growth and accumulation of vegetation extends for an area that constitutes less than twenty-five percent (25%) of the entire Improved Parcel property. In the calculation of the extent of property subject to the excessive growth and accumulation of vegetation, that area which is encompassed by any structure shall not be considered in the calculation. If the Property Owner has exerted any dominion or control over the adjoining public right-of-way between the Improved Parcel and the roadway, regardless of whether that roadway is paved, then that that portion of the public right-of-way shall be included in the calculation. The evidentiary burden shall rest with the Enforcement Officer to satisfy by a preponderance of the evidence that 25% calculation described in this paragraph as well as the Property Owner’s exercise of dominion over the adjoining public right-of-way. Sec. 11-1507 Creation or maintenance of nuisance prohibited. A. It shall be unlawful for any person to cause or allow any excessive growth and accumulation of vegetation to exist on any Improved Property. B. It shall be unlawful for any person, after notice as provided in Section 11- 1509 that a nuisance to the public health, safety or welfare exists on Improved Property which are owned by them, to allow such conditions to remain or to fail to remove such nuisance. Sec. 11-1508 – Duty of Property Owners. It is the duty and responsibility of each Property Owner to reasonably regulate and effectively control the growth and accumulation of vegetation on its Improved Property and, if the Property Owner has exerted any dominion or control over the Page 4 of 9 portion of the adjoining public right-of-way between the Improved Parcel and the roadway regardless of whether the roadway is paved, then this duty shall extend to that portion of the public right-of-way. Sec. 11-1509 – Notice to remove. A. If the Enforcement Officer finds and determines that a nuisance as described and declared in Section 11-1506 exists, the Enforcement Office shall notify the Property Owner and direct that the nuisance be corrected. The notice shall be provided in the same manner that notice is authorized under Chapter 162, Florida Statutes. B. The notice shall contain the following: 1) The name(s) and address(es) of the Property Owner(s), as listed in the records of the Okaloosa County Property Appraiser; 2) The name(s) and address(es) of the violator(s), if known; 3) The location of the property on which the violation exists; 4) A statement by the Enforcement Officer that the property has been inspected and that a violation of Section 11-1506 has been determined to exist on the property, which violation