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

constitutes a nuisance; 5) A general description of the condition which causes the property to be in violation; and 6) A requirement that the violator and the Property Owner(s) correct or cause to be corrected the violation within a specified number of days from the date of the notice, failing which the Enforcement Officer may request a hearing on the matter before the Code Enforcement Board. 7) A copy of this Ordinance and statement that the Property Owner may have certain substantive and procedural rights thereunder. C. If the Enforcement Officer deems it to be in the public interest, the provisions of any current or future citation system provided for in this Code may be utilized in lieu of the procedure set forth herein. Section 11-1510 – Elimination of nuisance. A. If the property owner fails to correct the violation as required in the notice provided to pursuant to Section 11-1509, the matter shall be referred to the Code Enforcement Board. Upon the Code Enforcement Board having conducted an impartial evidentiary hearing and having issued an order determining that a violation has occurred, the Property Owner(s) shall take immediate action to comply with the Code Enforcement Board order and correct the nuisance. If the Property Owner(s) has/have not corrected the nuisance either within 30 days of the issuance of the Code Enforcement Board order or within the time designated for compliance by the Code Page 5 of 9  Enforcement Board if longer than 30 days, the Growth Management Director, or his or her designee, shall place, or cause to be placed, a notice of abatement placard upon the property in violation in a conspicuous and easily visible location. B. The notice of abatement placard shall: 1) Be at least 18 inches by 24 inches in dimension. 2) Include a sufficient description by address and/or legal description to identify the property upon which the violation exists. 3) Include a description of the violation to be corrected. 4) Include a statement that the Code Enforcement Board has ordered that the violation be corrected. 5) State, in bold and conspicuous letters, that if the described violation is not corrected within 15 calendar days of the posting of this notice, then the Growth Management Director may cause the violation to be corrected, and impose a lien upon the property for the actual cost of such correction. 6) Include a preliminary, nonbinding, minimum estimate of the cost of correction if the Growth Management Director is required to cause the violation to be corrected. The estimated cost of correction shall be based upon the then current rate as may be established by the Board of County Commissioners and is intended to provide notice to the owner, agent, custodian, lessee or occupant of the estimated cost of correction. C. Concurrently with the posting of the notice of abatement placard upon the property, the Growth Management Director, or his or her designee, shall deliver, or cause to be delivered, by certified mail or hand delivery, a notice of abatement to the Property Owner(s) of record 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, shall present the matter to the Code Enforcement Board for consideration of a recommended action to be provided to the Board of County Commissioners. The Code Enforcement Board shall make a determination as to whether immediate action is necessary to correct the nuisance. E. If the Code Enforcement Board makes the recommendation to the Board of County Commissioners that that County should take action to immediately correct the nuisance by removing, abating, terminating, or eliminating the nuisance, said recommendation shall be forwarded to the Board of County Commissioners, for action at its next available regular meeting. The Property Owner shall be provided notice of the meeting either by hand deliver or by U.S. Mail and shall have the opportunity to be heard by the Board of County Commissioners on the matter. At the next available meeting, staff shall present to the Board of County Commissioners, the Page 6 of 9  facts, and the recommendation of the Code Board. No County action shall be taken to correct a nuisance on private property without approval by the Board of County Commissioners. The County’s action to correct the nuisance shall be at the expense of the Property Owner(s). F. Should the Board determine that the County should correct the nuisance on a property, it shall also determine the manner that the costs, once certified, shall be collected. The Board may determine that the costs should be collected as a non-ad valorem assessment on the tax bill for the property, by the filing of a lien or any other collection method available to the County. Sec. 11-1511 – 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 the mailing of the certification. Sec. 11-1512 – 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 request an impartial evidentiary hearing before the Code Enforcement Board as to whether the costs and charges incurred by the County in correcting said violation plus applicable administrative charges are excessive or unwarranted. Failure of the Property Owner(s) to request a hearing prior to the expiration of the time that payment for correction of a nuisance shall constitute a waiver of any and all issues as to the amount of the costs and charges. Nothing contained in this Section shall to be construed to authorize the review of any prior orders entered by the Code Enforcement Board or the Board of County Commissioners and may only address the amount of the costs and charges sought to be imposed against the property. B. A request for a hearing must be in writing, must be received within the Office of the Growth Management Director prior to the time that payment for the correction of a nuisance is due, and must be include 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. 11-1513 – Collection of Costs. Page 7 of 9  A. If the Board determines that the cost of correction of the nuisance should be collected through the collection as a non-ad valorem assessment on the tax bill for the property, the amount shall be assessed in conformity with the county’s nuisance abatement ordinance and section 197.3632, Florida Statutes. B. If the Board determines that the cost of correction of the nuisance should be collected through the lien process and 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. 11-1514 – 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. 11-1515 – 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. Section 3. 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. Page 8 of 9 SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance will take effect as provided by law. PASSED AND DULY ADOPTED by