HomeMy WebLinkAboutOrdinance 99-22
ORDINANCE NO. 99 -22
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 anv 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 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 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 ~~ 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
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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 011> -{ day of If tel L ,1999.
APPROVED:
'...-" ......
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED April 8 , 1999
READ FIRST TIME April 6, 1999
RE1D SECOND TIME AND ADOPTED
II Pi../l- d- 0 ,1999
UNDER AGENDA ITEM NO, J!i. Ii J..
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS J~FPRM AND LEGALITY
this ~ day of ~' 1999.
FOLEytJ~ARDN~
By: \faJ -;;
City Attorney
006.131158.1
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