HomeMy WebLinkAboutOrdinance 99-35
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.
Authoritv. 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 iunk 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
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~ 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 Elifeet contact
with the property owner:! er tenant, lessee. and/or person
controlling the property where the abandoned or junk vehicle is
located and isstie notify said person a Hotiee to reffiove the
yehicle ia qtiestioa 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 +fie 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 eoHtact is Rot ffiaae with the
property ewaer or ewaer ef the vehicle, the property O'l/aer
shall 13e Hotified ia eompliaaee with ~ 7 6B of Chapter of the
~
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 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 99 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
006.120760.6
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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. 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.
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..2....H.a. day of NO""'R\lul~ ,1999.
006.120760.6
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ATTEST:
M ~ J.AIJhl.J
-
Jean Grafton, City Clerk
t"\,,~t."'t4 Gt\'IfN.I\C.'\'X.~c. CtT'4 tl.."~"
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED A~ ,TO FQRM AND LEGALITY
this ~ day of N8.JlMh<r:1999.
FOLEY ~NER ~
By: Wf
City Attorney
006.120760.6
APPROVED:
ADVERTISED October 21 ,1999
READ FIRST TIME October 19 , 1999
READ SECOND TIME AND ADOPTED
Nl'I,,~.'I\r\bQ.,(, 2.. ,1999
UNDER AGENDA ITEM NO. VT' A 2.. .
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