Okaloosa County BOCC — October 6, 2015 — Agenda Packet — reading text

the regulation being applied to areas that are more rural despite their designations. Map 3 shows the UDB overlaid on the zoning districts which could be used to help refine where the standard would be applied. The Board could also consider designating specific zoning districts within which excessive vegetation standards would be applied. For example, the Mixed Use-1 and Mixed Use-2 designations apply to master-planned areas for which there is a specific plan of development, and within which it is reasonable to expect a performance standard for development and related Packet Pg. 5 activities, including vegetation management. The Mixed Use-1 and Mixed Use-2 areas are shown by Map 4. Other zoning districts that the Board feels should be more closely regulated could be considered, as well. Related Property Maintenance Issues In addition to excessive vegetative growth, the Board also discussed other property maintenance related issues. During the meeting, pictures were shown of a dilapidated property that included a mobile home that appeared to be open to trespass and possibly illegal activities. These types of complaints are commonly received by the Code Enforcement Division, and often accompany excessive vegetation complaints. Section 11-136(3) provides that any dwelling, house, building, structure or real property on which a dwelling, house, building or other structure is located which is unsafe, unsecured, deteriorated, degraded with obscene graffiti, or a menace to the health, safety or general welfare of the citizens of Okaloosa County is a public nuisance and a violation of the Code. In addition, the outside storage of abandoned vehicles as well as large appliances are also violations, as are allowing conditions conducive to the breeding of arthropods that vector human diseases and allowing the accumulation of rubbish, trash, litter or other wastes. It should be noted that Section 11-136 does not include rats, mice, snakes, or other animals typically considered vermin. The very specific reference to arthropods indicates that this was a deliberated decision intended to keep the standard from being too broadly applied to the incidental appearance of animal species not uncommon in suburban areas. It should also be noted that this sections prohibition on the "accumulation of rubbish, trash, garbage, litter or other solid or liquid waste materials" to a large extent addresses the establishment of conditions conducive to the breeding of vermin. There are also state laws enforced by the Department of Health to address this situation. Determining whether a structure is unsafe or unsecured is fairly straightforward; there are provisions in the Florida Building Code which help determine whether a structure is unsafe. A structure is unsecured if a trespasser can gain entry without use of unauthorized overt action (forcing a window or door, picking a lock, etc.). However, the remaining criteria provided in this section are more subjective. In order to help bring objectivity to the decision of whether a property or structure is in a condition that warrants County action, staff has developed criteria (attached) based on the International Property Maintenance Code. These standards are not based on aesthetics, but are intended to prevent and, where necessary, remedy conditions that can lead to blight before it becomes established. The standards address issues such as flooding caused by unauthorized alteration of drainage across property lines, unsafe pools, and other nuisances. Because unsightly, boarded up structures are the source of numerous complaints, the proposed standards also require that structures cannot be made secure against unauthorized entry simply by nailing boards across broken windows or doors. If the standards are approved, broken windows and doors must be replaced with proper windows and doors within specified timeframes. The proposed property maintenance standards have been reviewed and approved by the Code Packet Pg. 6 Enforcement Board and are attached for the Board's consideration. In order to expedite recovery of the costs associated with abating serious Code violations, the Board of County Commissioners have also discussed implementing a nuisance abatement assessment program through which the costs of abatement, including reasonable administrative costs (but not including fines or penalties) may be collected as an assessment on the subject properties' tax bills. In order to utilize property assessments, the Board would have to enter into an agreement with the Property Appraiser and Tax Collector who, as of this writing, are cautiously amenable to the approach. The proposed nuisance abatement assessment provisions are attached for the Board's consideration. OPTIONS: The Board may conduct the public workshop or not; and may decide to provide direction to staff at its discretion. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners conduct the public workshop and provide direction to staff regarding whether to pursue any of the regulatory changes discussed. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 7  Municipal Vegetation Standards Ft Walton Beach – 12 inches 5. 07.01 Standards for improved property: S. Grass, weeds and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. Crestview - 12 inches Sec. 38-3. - Conditions and conduct. The existence of any of the following specific conditions or conduct is hereby declared to constitute a public nuisance as that item is used in this chapter: (7) The existence of excessive growth of weeds or vegetation, or the existence of any accumulation of debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation, upon any property to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood-destroying insects, or otherwise threatens the public health, safety or welfare. Excessive growth means the growth of weeds or plants which are not cultivated or landscaped or regularly tended which reach a height in excess of 12 inches. Packet Pg. 8 Cinco Bayou – 10 inches Sec. 26-32. - Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, this enumeration shall not be construed as a designation of all nuisances: (1) Any weeds such as broom grass, jimson, burdock, ragweed, sandspur or other similar weeds; or any other vegetation, other than trees, ornamental bushes, flowers or other ornamental plants with a height exceeding ten inches. Niceville – 12 inches Sec. 9-36. - Excessive growth prohibited. (a) It shall be unlawful for persons who shall own, control or occupy any lot, parcel of land or premises in the city to allow weeds to grow within one hundred (100) feet of the right-of-way line of any county, city or state street or road within the city limits or within one hundred (100) feet of the water's edge within the city limits, upon such lot, parcel of land or premises to a height exceeding twelve (12) inches. Shalimar – 10 inches Packet Pg. 9 Sec. 26-29. - Landscape maintenance. Modified (b) Buildings and lots. It is unlawful for any person who owns or is in possession of, in charge of or in control of any developed lot or parcel of land in the town to allow weeds and grasses to grow upon such property to a height exceeding ten inches, or to permit rubbish, trash, debris, dead trees or other unsightly or unsanitary matter to remain thereon that create harborage for rodents or vermin or to permit weeds, grass, vines, or any such conditions to grow on any fence so as to encroach on any public sidewalk or fire hydrant. The branches and limbs of all trees which extend outside of the private property lines, must be trimmed so as to have a clearance of at least eight feet over and above abutting sidewalks, and all limbs and branches trimmed so that if any branches or limbs extend over any street or roadway there shall be a clearance of at least 14 feet over such roadway. Weeds. Plants that by reason of abandonment, lack of care or lack of maintenance choke out growth or other plant material in the area. Dead, dying or unattended plant life, named or unnamed, which abandoned or overgrown to a height in excess of ten inches in height shall, for the purpose of this Code, be defined as a weed unless it is pristine. Valparaiso – 24 inches Sec. 54-21. - Purpose and intent; findings of fact. Packet Pg. 10 (3) The accumulation of trash, junk, debris, dead plant material, or the excessive growth of grass, weeds, brush, or branches, or the existence of a blighted building in the city is visually unpleasant to a reasonable person of ordinary, average sensibilities; a visual nuisance tends to depreciate the values of neighboring property, thereby injuring the general welfare. Excessive growth means lawn, grass or weeds in excess of 24 inches in height. Mary Esther – 8/18 inches Sec. 10-23. - Duty of property owner. (a) It shall be the duty of the owner(s) within the city to maintain their lot, tract or parcel and the abutting right-of-way (but not including that area which is paved as roadway) consistent with the following standards: (1) The owner, lessees or other persons in control of property, developed or undeveloped, within the city shall cut down and remove all weeds, grass, and undergrowth on said property when said weeds, grass or undergrowth exceeds eight (8) inches in height for developed properties and eighteen (18) inches for undeveloped properties. Packet Pg. 11  NORTH OKALOOSA EXCESSIVE GROWTH AND ACCUMULATION OF VEGETATION ORDINANCE LEGEND LAUREL HILL Major Roads HWY 602 Interstate