Fort Walton Beach Ordinance — 1212--Amend Conditions for Public Nuisance — reading text

City of Fort Walton Beach 448 Sa Americar Most Beautiful Gea agers eo OM bm rB PB pot} * Hen te Conve Ordinance _1212 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CONDITIONS CREATING A PUBLIC NUISANCE AND CREATING ADDITIONAL ENFORCEMENT AUTHORITY; PROVIDING FOR AUTHORITY; PROVIDING FOR ARTICLE XII, NUISANCES, OF THE CITY'S LAND DEVELOPMENT CODE AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166.041, Florida Statutes. SECTION 2. ARTICLE XII, NUISANCES, OF THE CITY'S LAND DEVELOPMENT CODE, AMENDED. Article XII, Nuisances, of the City's Land Development Code is hereby amended as follows: Section. 20-2602. Prohibited conditions; declaration of nuisance. (a) Definitions. For the purpose of this Article the following terms, phrases, words, abbreviations and their derivations shall have the following meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning, or for those so included, the meaning found in Section 1-2 of the Codified Ordinances of the City. (1) Agent - One who acts for or in the place of another by authority from a person or other entity as a representative. (2) Building Material - Waste from the construction, demolition, remodeling, or renovation of residences or buildings and includes but is not limited to such material as sand, stone, brick, lumber, wood, concrete, metal, plaster, concrete block, paving, roofing, pipe, gutter, tile, carpet, and tree stumps. (3) Debris - The remains of something broken down or destroyed; discarded waste; litter. (4) Developed Property - Real property upon which houses, buildings, or improvements have been constructed or erected. (5) Garbage - The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. LITHO BY VITRO PRESS (6) Household Appliances - Refrigerators, television sets, clothes washers, clothes dryers, dishwashing machines, cooking stoves, microwaves, water heaters, and household furniture. (7) Improved Property - A physical change, improvement, or addition made upon real property so as to increase its value or enhance its appearance. (8) Inoperable motor vehicle - One which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, ina state of disrepair, or incapable of being moved under its own power. (9) Pest - A plant or animal harmful or injurious to human beings. (10) Property - A lot, tract, or parcel of land within the City limits of Fort Walton Beach, Florida. (11) Rubbish - Combustible and noncombustible waste materials, except garbage, including but not limited to residue from the burning of wood, or other combustible material, paper, rags, cartons, boxes, wood, excelsior, plastic pellets, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass, crockery, dust, and styrofoam. (12) Trash - Worthless discarded material; junk. (13) Underbrush - Seedlings, saplings, herbs, shrubs, bushes, small trees and other vegetation growing thickly beneath trees. (14) Undeveloped Property - Real property upon which no houses, buildings or improvements have been constructed or erected. (15) Unimproved Property - Real property upon which no physical change or addition has been made so as to increase its value or enhance its appearance. (16) Vermin - An insect or animal that is destructive, annoying or harmful to the public health, safety and welfare. (ab) Declaration of Public Nuisance. No person owner, agent, trustee, lessee or occupant shall cause, permit, allow or suffer any of the conditions described in subsection (bc) of this section to occur or exist upon any lot, tract or parcel of land, improved or unimproved, or in any building thereon, in the city, to an extent and in a manner that such lot, tract or parcel of land or building is or may reasonably become infested with or inhabited by rodents, vermin, reptiles or wild animals, or may furnish a breeding place for mosquitos, vermin or reptiles, and/or may threaten or endanger the public health, safety or welfare. Allowing or causing Ssuch conditions to exist is are hereby prohibited and is declared to be a public nuisances and may-be-abated-as-such. (bc) Prohibited Conditions. The prohibited following conditions are prohibited as fotiows: (1) The existence or accumulation of aAny rubbish, trash, debris, dead trees or any other unsightly or unsanitary matter that remains on sueh any lot, tract or parcel of property or in any sueh building or structure. (2) Any lot, tract, parcel of property, building, structure, premises or other place which is unsafe;; unsanitary; enhances the spread of disease; adversely affects and impairs the economic welfare of adjacent property; er does not provided with adequate ingress and egress; which constitutes a fire hazard; or is otherwise dangerous to human life by reason of inadequate maintenance, dilapidation, abandonment or obsolescence; and which may provide an uncontrolled breeding place, protection or shelter for rodents, reptiles, vermin, mosquitos, and other pests. Ati-such- buildings,- structures, -premises -and ether--pleces -shaii--be - abated -by--repair -or rehabititation-or-by-destruction-and-removat; (3) Except as otherwise authorized in article XIII, division 8, Swimming Pools, of--this ehapter of the City's Land Development Code, any wholly or partially manmade pool, pond, other body of water, depression or excavation, or any other condition on the premises wherein water may accumulate and stand in such a manner as to make possible the propagation or production of disease vectors, biting insect pests or the like. (4) The excessive or uncontrolled growth of weeds, grass or underbrush on improved or unimproved property, but nothing herein shall prohibit the maintenance of property in a natural or unimproved state providing that: (a) Such area is required to be left ina natural state by a recorded land use site plan map; or (b) Such area is required to be left ina natural state by a recorded deed restriction or recorded restrictive covenants; or (c) The maintenance in a natural state is consistent with the nature, type and development of other properties within the immediate vicinity of the subject property, provided that the condition of the overall area meets public health, safety and community development standards; or, (da) Such area is located is a public park operated as a part of the City and is intended to be maintained in a passive park setting. (5) Utilization of any property for the open storage and accumulation of inoperable motor vehicles, motor vehicle parts, tires, household appliances, household furniture, glass, building material, building rubbish, or other similar items matter. (6) Any unsafe, unsanitary or unsightly condition that is not included within this subsections-(¢b}¢t}-te (3) of this section; and is determined to that endangers the public health, welfare or safety. (d) Additional Remedies. The City is authorized to pursue any and all remedies available to abate any of the conditions described in subsection (c) above. Nothing herein shall be construed to limit any private right of action. Section 20-2603. Notice to abate nuisances. (a) Whenever the city manager, the building official, code enforcement officer, or any other authorized city agent or body becomes aware of or finds that any one or more of the conditions set forh in section 20-2602 exist and the existence of any such condition requires the City to take action to abate the nuisance, it shall be the duty of the city manager, or his designee, to immediately give written notice to the owner, custodian, agent, trustee or occupant of the property, by certified mail or by personal service, directing such person to remove, terminate and abate such public nuisance within 20 days of the mailing, delivery or service of such written notice. If any appeal is to be made to the council, its shall be made within 20 days, as set forth in section 20-2604. The written notice shall include a_ sufficient description to identify the property upon which the public nuisance exists, a description of the public nuisance to be terminated and a statement that if the described public nuisance is not terminated within 20 days after notice is given, such owner, custodian, agent, trustee or occupant Shall be deemed guilty of a violation of this article, that an appeal before the council may be made, that the total cost of any such nuisance termination, if made by the city, including administrative costs, shall be a special tax and lien on the property, and that any such person is subject to prosecution for violating this article. The mailing of such notice shall be sufficient proof thereof, and the delivery or service of the notice shall be equivalent to mailing. If the mailing addres of any such person is not known to the city Manager and the porperty is unoccupied, then posting of the notice upon the property shall constitute sufficient notice to the owner, custodian, agent, lessee, trustee or occupant thereof, and no additional notice shall be required for any action pursuant to this article. (b) It shall also be the duty of the city manager, or his designee, to cause a notice to be posted upon the property or any part thereof upon which the public nuisance exists. Such posted notice shall state a description of the public nuisance, the time period allowed for a written petition of appeal to the council, that termination of the public nuisance by the city shall cause a special tax and lien for the total costs thereof to be placed on the property and that the owner, custodian, agent, lessee or occupant of the property is subject to prosecution for a violation of this article. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon its approval by City Council and signature of the Mayor. APPROVED: By: WILLIAM J. ROBERTS III Mayor ATTEST: HELEN A. SPENCER City Clerk The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney. J. JEROME MILLER City Attorney Note: Additions are underlined; deletions are stricken. ordf\nuisance CITY OF FORT WALTON BEACH MEMORANDUM DATE: June 25, 2993 TO: Reid Silverboard, City Manager FROM: Helen Spencer, City Clerk SUBJECT : Ordinance 1212 - Curfew cM 5/93 Per your memo dated 6-24-93 please be advised the curfew ordinance originated from the Police Department staff through the Acting City Manager. Background facts were provided in a memo from the Police Department, a copy is attached for your information. It was initially put on the 1-12-93 Council agenda and deleted from same. It was held for each agenda thereafter until 4-13-93. A note was attached to hold in pending file until 93/94 budget workshops per Acting City Manager. The curfew ordinance was created by the City Attorney. Please advise further instructions on same. /s CITY OF FORT WALTON BEACH MEMORANDUM DATE: June 24, 1993 TO: Helen Spencer, City Clerk FROM: Reid Silverboard, City Manager SUBJECT: Ordinance 1212 - Curfew CM 5/93 Please advise on the origin of the proposed Ordinance 1212 concerning a curfew. What staff member was assigned to act on this. What incident(s) precipitated this matter and who sponsored the proposed ordinance. Please advise if you have any questions in the above. Note the above has been designated as City Manager Project CM 5/93. Please refer to this number in future correspondence. Reid Silverboard City Manager /ke Suspense Date: July 1,