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

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 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