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HomeMy WebLinkAboutVI (A2) Second Reading of Ordinance No. 99-22, relating to Dead, Diseased, Decaying and Unsafe Trees Agenda 4-20-99 Agenda 4-06-99 Item VIA2 Item VIIA2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIF'r Ocoee COMMISSIONERS o% T CITY OF OCOEE DANNYHOWELL ._ ���y ami O SCOTT JOHNS ON _ 150 N. 656OR12 RUSTY NDERS N a OCOEE, PLORIDA 34761-2258 NANCY I. PARKER , (407) 656-2322 •" ? City MANAGER y�fq ♦N,` ELLIS SHAPIRO OF GOO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL DATE: MARCH 30, 1999 SUBJECT: ADOPTION OF AN ORDINANCE PERTAINING TO DEAD, DISEASED,DECAYING AND UNSAFE TREES ISSUE Should the Honorable Mayor and Board of City Commissioners approve the adoption of an ordinance that would provide a method for the Protective Inspections Department to require the removal of trees that are dead, diseased, decaying and are unsafe and constitute a nuisance and menace to the public health, safety and welfare of our citizens? BACKGROUND/DISCUSSION The Protective Inspections Department has received several complaints over the past year concerning dead, diseased, decaying or unsafe trees. An investigator of these complaints revealed that the trees in question were dead or dying due to diseases and decay, which results in a danger to the public, adjacent property and in some cases a danger to Florida Power electrical lines. Our existing code does not provide a means for the city to require the owner of the tree in question to remove the dangerous tree. In order to provide a method for our Code Enforcement Department to require the removal of dead diseased, decaying, unsafe and dangerous trees an ordinance has been prepared by our city attorney. I believe this ordinance as proposed will provide a benefit to the citizens of Ocoee. RECOMMENDATION I would respectfully recommend that the Honorable Mayor and Board of City Commissioners approve Ordinance 99-22 . 0(( ' gib ORDINANCE NO. 99 -2 2 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA PROVIDING THAT DEAD, DISEASED, DECAYING, AND UNSAFE TREES WITHIN THE CITY CONSTITUTE A NUISANCE AND MENACE TO PUBLIC HEALTH, SAFETY AND WELFARE; AMENDING SECTION 115-1 AND SECTION 115-3 OF ARTICLE I OF CHAPTER 115 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE BY INCLUDING DEAD, DISEASED, DECAYING, AND UNSAFE TREES WITHIN THE LIST OF ITEMS THAT CONSTITUTE A NUISANCE AND MENACE TO PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes that dead and decaying trees left standing impose a risk to life and property especially during storms; and WHEREAS, the City Commission desires to keep the City clean and beautiful and free from the hazards and dangers imposed by dead and decaying trees within the City; and WHEREAS, the City Commission desires to amend the Code of Ordinances to include dead and decaying trees within the list of items constituting a nuisance and menace to public health, safety and welfare. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Section 115-1. Section 115-1 of Article I of Chapter 115 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: 006.131158.1 §115-1. Conditions Constituting a Nuisance. For the purposes of this Article, the existence or accumulation of any combination of the following conditions or things on lands within the city is hereby declared and defined to be a "nuisance and menace to public health, safety and welfare": garbage, refuse, rubbish, junk, unusable furniture, refrigerators, stoves and appliances, trash, debris, dead, diseased. decaying and unsafe trees or any limb or other portion thereof, the remains or rubble of structures which have been burned or which have been stricken by other casualty or any other noxious material of any kind or any used or scrap building materials, any of which tend to he a breeding place or haven for snakes and vermin or which tend to create any hazard endangering the lives, health, welfare and property of the citizens of the city or which tend to create fire or traffic hazards. SECTION 3. Amendment to Section 115-3. Section 115-3 of Article I of Chapter 115 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: § 115-3. Prohibited Acts. No person shall allow to remain or allow to be dumped, placed, accumulated or otherwise located on lands or premises owned, rented, leased or controlled by such person within the city any nuisance and menace to public health, safety and welfare, nor shall any person, after notice as provided in 88 7-6 and 7-10 of the Code that a nuisance and menace to public health, safety and welfare exists on lands or premises owned, rented, leased or controlled by such person within the city, maintain or fail to remove such nuisance and menace to public health, safety and welfare. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. 006.131158.1 2 SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED April 8 1999 READ FIRST TIME April 6 , 1999 READ SECOND TIME AND ADOPTED , 1999 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,1999. FOLEY & LARDNER By: City Attorney 006.131158.1 3