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Home My WebLink AboutOrdinance 593 , . . / ~ . ~ \,cb ) t . ".' j.<., of. 1 ~ ORDINANCE NO. S-9~ CITY OF OCOEE, FLORIDA . AN ORDINANCE REGULATING NUISANCES AND MENACES TO PUBLIC HEALTH, SAFETY AND WELFARE WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE; REPEALING PRIOR ORDINANCES; PROVIDING DEFINITIONS; DECLARING THE EXISTENCE AND/OR ACCUMU- LATION OF GARBAGE, REFUSE, RUBBISH, JUNK, UNUSABLE FURNITURE, REFRIGERATORS, STOVES AND APPLIANCES, TRASH, DEBRIS, EXCESSIVE WEED GROWTH, REMAINS OF STRUCTURES, SCRAP BUILDING MATERIALS OR OTHER NOXIOUS MATERIALS TO BE NUIS- ANCES; MAKING ILLEGAL THE CREATION OF NUISANCES AND MENACES; PROHIBITING PROPERTY OWNERS, AFTER NOTICE, FROM MAINTAINING NUISANCES AND MENACES; PROVIDING FOR NOTICE TO REMOVE NUISANCES AND MENACES; PROVIDING FOR THE REMOVAL OF NUISANCES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, CONSTRUCTION AND EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. AUTHORITY; PURPOSE; SCOPE: This ordinance is enacted under authority of Article VIII, Section 2(b), of the Constitution of the State of Florida, under authority of Florida Statutes, Chapter 69-1359, Special Acts of 1969, for the purpose of regul- ating nuisances and menaces to public health, safety and welfare within the city limits of the City of Ocoee, Florida. This ordinance is enacted in the interest of the public safety and welfare of the citizens and inhabitants of the City of Ocoee, Florida, and shall be in force and effect and be enforced throughout the City. Section 2. DEFINITIONS: . As used in this ordinance, the following terms shall be defined to mean: (a) "Person" - whether used in the singular or plural, shall mean any individual, group of individuals, firm, corporation, -1- . . : , . to -\ I'" , . ; \ I j. .. ,~ .. . , . partnership, or other legal entity or the agent or agents thereof. (b) "City of Ocoee" shall refer to the incorporated area of the City of Ocoee, Florida. (c) "Commission" shall mean the City Commission of the City of Ocoee, Florida. (d) The singular includes the plural and vice versa. (e) The masculine includes the feminine and neuter and vice versa. (f) Reference to any office or officer includes any person authorized by law to perform the duties of such office or officer. Section 3. CERTAIN CONDITIONS DECLARED NUISANCES: The existence and/or accumulation of any, all or any combination, of the following conditions and/or things on lands within the City of Ocoee 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, excessive weed or grass growth, 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 be 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 of Ocoee, or which tend to create fire or traffic hazards. - 2- . . " . f\ fll \. " ~ l' . ' , , , , . ' Section 4. CREATION OF NUISANCES AND MENACES PROHIBITED: No person shall dump or cause to be dumped, or place or cause to be placed, on any lands or premises within the City, any nuisance and menace to public health, safety and welfare. Section 5 (a). PROHIBITION AGAINST ALLOWING OR MAINTAINING NUISANCES AND MENACES: No person shall allow to be dumped, placed, accum- ulated or otherwise located on lands or premises owned by him within the City of Ocoee, any nuisance and menace to public health, safety and welfare. Nor shall any person after notice as hereinafter provided in section 7 that a nuisance and menace to public health, safety and welfare exists on lands or premises owned by him within the City of Ocoee, maintain or fail to remove such nuisance and menace to public health, safety and welfare. Section 5 (b). PROHIBITION AGAINST EXCESSIVE WEED OR GRASS GROWTH: No person shall allow excessive weed or grass growth on property owned, rented, leased or controlled by him. Grass or weed growth shall be deemed excessive if the growth reaches a height of 10 inches or more on improved property, or 24 inches or more on unimproved property. Section 6. PENALTIES: Any person violating any of the provisions of this ordinance shall be punished by a fine in a sum not to exceed Five Hundred Dollars ($500.00), or by imprisonment for a period not to exceed sixty (60) days, or by both _1 _ I , J . \ \, ..' ~ . << ," . '. '. such fine and imprisonment. Where notice shall have been given as hereinafter provided for in Section 7, which notice shall set a date certain for compliance with the terms of this ordinance, each day of non- compliance thereafter shall constitute a separate . violation and misdemeanor. Section 7. NOTICE TO REMOVE NUISANCES AND MENACES: Whenever the Commission shall make a factual deter- mination in any open, public session, whether regularly scheduled or called by reason of emergency, that a nuis- ance and menace to public health, safety and welfare shall exist on any lands or premises within the City of Ocoee, said Commission may require by resolution duly adopted that said nuisance and menace to public health, safety and welfare be cleaned or cleared by the owner and/or possessor of said lands or premises in accordance with such resolution and by a date certain. Said resolution shall set forth the factors and circumstances giving rise to the nuisance and menace to public health, safety and welfare, shall set a date for compliance with the terms of this ordinance, and shall provide for reasonable notice and demand to be furnished to the owner or possessor of the property in question in the manner hereinafter set forth: (a) A copy of the above-said resolution accompanied by a written demand for compliance with the . terms of this ordinance shall be served upon the owner and/or possessor of the land in question by registered -- united States mail directed to him at his address as shown on the current tax rolls of the City or of Orange _4_ . . . , .. '... . . I' . , ~ : \ ' . County. Said written demand shall notify said owner and/ or possessor that if such demand shall not be complied with within the time set forth, he may be prosecuted in accord- ance with this ordinance. (b) In the event that the Commission cannot readily determine the owner and/or possessor of the lands or premises in question, or in the event that the owner and/or possessor of said lands or premises cannot be located or an address determined for him, then, the Commission may publish its resolution and written demand, as above described, one time in any newspaper of general circulation in the area wherein the lands or premises shall be located. Section 8. REMOVAL OF NUISANCES: Whenever a nuisance exists, and notice to remove said nuisance shall have been given as provided for in Sections 6 and 7 above, and said nuisances shall not have been removed, the City Commission may direct the City Manager to cause said nuisance to be removed and/or abated. When so directed, the City Manager or his delegate may enter onto the property, public or private, to remove and or abate such nuisance. Costs incurred in the removal of said nuisance shall be taxed against the owner of the property, and the City shall have a lien on private prop- erty to the extent of the removal of such nuisances thereon. Section 9. SEVERABILITY: If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the -5- . ,. .... ~ '1 '" ~, . \ ",.. " I ' J' .. legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein and the remainder of this ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this ordinance or any provision thereof shall be held inapplic- able to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. Section 10. CONSTRUCTION: This ordinance shall be deemed to be cumulative and supplemental and in addition to any other act, law or ordinance relating to the regulations, control and abatement of nuisances and menaces to public health, safety and welfare as defined herein; provided, however, that this ordinance supersedes and repeals any existing ordinance which is in direct, irreconcilable conflict herewith. The provisions of this ordinance shall be liberally construed in order to effectively carry out the purposes of this ordinance in protecting the interest of the public health, safety and welfare of the citizens and residents of the City of Ocoee. Section 11. EFFECTIVE DATE: This ordinance shall take effect immediately upon passage by the City Commission of the City of Ocoee, Florida. ENACTED this ,;{ I day of AI/fl/>r- , 1973. CITY OF OCOEE, FLORIDA By //4 1iZvt:?tf ATTEST: ymf'Q t\ . Q~p\-~