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

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 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. 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 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. Destin - Uses general nuisance provisions of Code. Valparaiso - 24 inches Sec. 54-21. - Purpose and intent; findings of fact. (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. As shown above, all of the cities except Laurel Hill enforce some level of vegetation maintenance standard. The City of Laurel Hill at one time had a requirement that vegetation on developed parcels be kept to a maximum height of 12 inches; however, this requirement was repealed in 2011. Limit Applicability Based on Zoning, Density, or other Criteria During the September 15 meeting, the Board discussed the possibility of limiting enforcement of a County vegetation ordinance to certain areas based on zoning, density, or some other criteria. Based on the input from that meeting, staff has provided various maps that show where enforcement would occur depending on the strategy chosen. As the majority of the cities have adopted some standard for vegetation control, the Board may wish to consider adopting an ordinance which would provide for enforcement within the Urban Development Boundary (UDB) since this area is established in close proximity to the cities as shown by Map 1. This approach would ensure that, while specific standards may vary, vegetation is managed in the County’s more populated areas. This approach would work well in the unincorporated areas south of the Eglin Reservation. North of the Reservation, however, there areas within the UDB close to the City of Crestview that have not yet developed to the degree of the unincorporated areas south of the Reservation, and, conversely, there are areas outside the UDB that have experienced suburban levels of growth. This being the case, the UDB by itself may not be an appropriate mechanism. The Future Land Use Map and zoning designations applied to properties may also be considered as a potential threshold for vegetation management. The ordinance heard by the Board on September 15 exempted properties in the Agriculture (AA), Rural Residential (RR), and Recreation (Rec) designations (in addition to state and federal lands). Map 2 illustrates all the remaining zoning districts throughout the County which could be used to develop such an approach. However, these areas have not all developed uniformly, with some portions of the affected zones being substantially developed and other portions within the same zone less so. This is particularly evident when comparing zones as they have developed north and south of Eglin. Since the Board’s discussions on the 15th indicate that excessive vegetation is primarily viewed as a problem in the urban or urbanizing areas, using FLUM or zoning designations alone could lead to 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 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