Okaloosa County BOCC — October 6, 2015 — Excessive Vegetation and Property Maintenance Workshop — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 6, 2015 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Excessive Vegetation and Property Maintenance Workshop DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Board of County Commissioners to conduct a public workshop to discuss excessive vegetation and other property maintenance issues in order to provide direction to staff. BACKGROUND: During its regular meeting of September 15, 2015, the Board of County Commissioners held a public hearing of an ordinance that would, if adopted, require that certain vegetation on developed properties be maintained at a height of 18 inches or less. While the ordinance was not adopted, the Board directed staff to schedule a public workshop to allow greater discussion of not only excessive vegetation but also other issues related to property maintenance that came up during the hearing such as structures not secured against unlawful entry, dilapidated property, and related concerns. Nuisances The types of issues discussed during the September 15 meeting generally fall under the broad category of nuisance. Nuisances are addressed in Chapter 11, Health and Sanitation, of the County Code. Of particular interest is section 11-136 which describes what constitutes a public nuisance for which the County will initiate an enforcement action: Sec. 11-136. - Public nuisances described. The following conditions existing, permitted, maintained or caused by any person on real property in Okaloosa County shall constitute the maintenance of a public nuisance injurious to the health or general welfare of the citizens of Okaloosa County and shall constitute a violation of this division: (1) The creation or maintenance of any condition capable of breeding flies, mosquitoes or other arthropods capable of transmitting diseases directly or indirectly to humans. (2) The accumulation of rubbish, trash, garbage, litter or other solid or liquid waste materials in violation of this division. (3) The existence of 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.  (4) The utilization of any single-family or multifamily residential property by the owner or occupant thereof for the exterior storage of any abandoned vehicle, icebox, refrigerator, stove, or other large appliance normally located inside a dwelling unit. Excessive Vegetation The standards provided in section 11-136 do not establish a specific limitation for the height of vegetation. The proposed ordinance heard on September 15 provided that vegetation in excess of eighteen (18) inches covering more than 25% on an improved property would be in violation. The following is a summary of the municipalities’ vegetation maintenance 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 t