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Home My WebLink AboutVII(A1) Ordinance No. 99-35, Re; Junk Vehicles And Nuisances Agenda 10-19-99 Item VIIA1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT _ CITY OF OCOEE „ry.• •• p COMMISSIONERS -\ t�.,4 Q 150 N.LAKESHORE DRIVE DANNY HOWELL SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON `°yJ (407)656-2322 NANCY J.PARKER `441�p 6000 CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL Q 9 DATE: OCTOBER 12, 1999 SUBJECT: JUNK VEHICLES AND NUISANCES ISSUE Should the Honorable Mayor and Board of City Commissioners approve an ordinance that would allow the City to cite the owner, tenant, lessee, and/or person in control of the property where a junk vehicle or nuisance is located, in addition to being able to cite the owner of the junk vehicle or nuisance? BACKGROUND/DISCUSSION This ordinance amends Chapter 165 (Junk Vehicles) and Chapter 115 (Nuisances) to allow the City the authority to cite the owner, tenant, lessee, and/or person in control of the property where a junk vehicle or nuisance is located, in addition to being able to cite the owner of the junk vehicle or nuisance. This proposed ordinance would also correct a scrivener's error relating to the adoption of Ordinance No. 99-22 (Dead and Decaying Trees Ordinance). Ordinance No. 99-22 was adopted without all of the new terms being indicated by double underlined text. This proposed ordinance would provide notice of all the changes made to Section 115-3 and would correct the scrivener's error relating to the adoption of Ordinance No. 99-22. STAFF RECOMMENDATION Staff respectfully recommends the Mayor and Board of City Commissioners approve the adoption of this proposed ordinance. POIN PrIRcrt OCcee's:Vats ROSOVITeS L; ORDINANCE NO. 99-35 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA IMPOSING RESPONSIBILITY ON THE PROPERTY OWNER, TENANT, LESSEE AND/OR PERSON CONTROLLING THE PROPERTY WHERE ABANDONED AND JUNK VEHICLES ARE LOCATED AND RESPONSIBILITY FOR THE ACCUMULATION OF ANY NUISANCE AND MENACE TO PUBLIC HEALTH, SAFETY AND WELFARE ON THE PROPERTY OF SUCH PERSON; AMENDING SECTION 165-3(A) AND SECTION 165-7 OF CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE BY IMPOSING RESPONSIBILITY FOR ABANDONED OR JUNK • VEHICLES ON THE PROPERTY OWNER, TENANT, LESSEE AND/OR PERSON CONTROLLING THE PROPERTY IN ADDITION TO THE RESPONSIBILITY PLACED ON THE OWNER OF THE ABANDONED OR JUNK VEHICLE; AMENDING SECTION 115-3 OF ARTICLE I OF CHAPTER 115 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE BY IMPOSING RESPONSIBILITY ON THE PROPERTY OWNER, TENANT, LESSEE AND/OR PERSON CONTROLLING THE PROPERTY FOR ANY NUISANCE AND MENACE TO PUBLIC HEALTH, SAFETY AND WELFARE DUMPED, PLACED OR CAUSED TO BE PLACED ON THE PROPERTY OF SUCH PERSON; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to keep the City clean and beautiful and free from the accumulation of abandoned and junk vehicles on private property within the City; and WHEREAS, the City Commission desires to prevent the accumulation and dumping on private property within the City of any "nuisance and menace to public health, safety and welfare," as defined in Section 115-1 of Article I of Chapter 115 of the Code of Ordinance of the City of Ocoee; and 006.120760.6 WHEREAS, under the current Code of Ordinances of the City of Ocoee, only the owner of. the abandoned or junk vehicle and the person dumping or placing the item or items constituting a nuisance and menace to public safety and welfare may be found to be in violation of the Code; and WHEREAS, the City Commission desires to extend responsibility to the property owner, the tenant, the lessee and/or the person controlling the property where the abandoned and - junk vehicle or the item or items constituting a nuisance and menace to public health, safety and welfare are located. 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 165-3(A). Section 165-3(A) of Chapter 165 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows:. A. No person shall keep any abandoned or junk vehicle on any public property., or any private property within the corporate limits of the city, except on private property as provided for in §165-5. No person shall permit any abandoned or junk vehicle to be kept on private property owned, rented, leased or . controlled by such person within the corporate limits of the City, except on private property as provided for in §165-5. SECTION 3. Amendment to Section 165-7. Section 165-7 of Chapter 165 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows: 006.120760.6 -2- § 165-7. Private Property. Whenever the Enforcement Officer of the city ascertains that an abandoned or junk vehicle is present on private property, the Code Enforcement Officer shall attempt to make direct contact with the property owner,. of tenant, lessee, and/or person controlling the property where the abandoned or junk vehicle is located and issue notify said person a---Fletiee—te—remeve—the vehicle in question or persons of the violation in compliance with §§7-6 and 7-10 of the Code. Notwithstanding contact being made with the property owner, tenant, lessee and/or person controlling the property, the The Enforcement Officer may also elect to make contact with the owner of the vehicle and notify said owner of the violation in compliance with §§7-6 and 7-10 of the Code. If direct contact is not made with the propcFty ewne r Code. SECTION 4. 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 owned1 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 §§ 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. This Section 115-3 of the Code, including the text appearing above that is double underlined, was adopted on April 20, 1999 under Ordinance No. 99-22. However, the text appearing above that is double underlined did not appear in Ordinance No. 99-22 with the double underlines even though that text was an amendment to the previously codified section. Thus, the text that should have been -3- 006.120760.6 double underlined in Ordinance No. 99-22 to indicate new text is double underlined in this Ordinance in order to provide notice of all the changes made to this section of the Code and to correct any scrivener's error relating to the adoption of Ordinance No. 99-22. SECTION 5. Severabilitv. 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. SECTION 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,1999. -4- 006.120760.6 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED October 21 1999 READ FIRST TIME October 19 , 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 -5- 006.120760.6