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HomeMy WebLinkAboutItem V (B) Second Reading and Public Hearing Ordinance 93-07, repealing Ordinance No 620 relating to regulations for The Palms and Valencia Trailer Parks AGENDA 5-4-93 Item V B FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO. FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 1407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: April 13, 1993 RE: Ordinance No. 93- 07 ,Repeal of Ordinance No. 620 On October 7, 1975 the Ocoee City Commission adopted Ordinance No. 620 imposing certain restrictions on the use and development on lands then owned by Ocoee Mobile Homes. The restrictions included certain architectural review and control by the City. A copy of Ordinance No. 620 is attached hereto. Pursuant to the request of the City Commission we have reviewed Ordinance No. 620. Our review indicates that the Ordinance is not currently being enforced and has not, in recent times, been enforced by the City. In our opinion, the Ordinance is unenforceable and should be repealed. The type of restrictions set forth in Ordinance No. 620 are typically imposed by a developer as restrictive covenants and it is highly unusual and of questionable legality for a municipality to impose such restrictions. Repeal of Ordinance No. 620 will eliminate any continuing confusion regarding the Ordinance and its validity. Attached hereto is a proposed Ordinance which would repeal Ordinance No. 620. Please note that we have required that a copy of the Ordinance be recorded in the Public Records of Orange County, Florida. RECOMMENDATION: It respectfully is recommended that the Ocoee City Commission adopt Ordinance No. 93- 07 and authorize execution thereof by the Mayor and City Clerk. enclosure C:WPDOcSI000EsMEM0S')ORD6m.MEM 14/13/931 GINNYEI PER:go 16 ORDINANCE NO. 93- 07 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REPEALING ORDINANCE NO. 620 RELATING TO RESTRICTIONS ON THE USE OF CERTAIN PROPERTY DESCRIBED THEREIN WHICH WERE KNOW AS VALENCIA MOBILE HOME PARR AND PALMS MOBILE HOME PARK AT THE TIME OF ADOPTION OF ORDINANCE NO. 620; PROVIDING FOR SEVERABILITY; PROVIDING FOR RECORDING; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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. Ordinance No. 620 of the City of Ocoee, Florida is hereby repealed and deleted in its entirety, and the restrictions imposed by Ordinance No. 620 are hereby forever released, terminated and no longer apply to the property located in the City as more particularly described as follows: VALENCIA MOBILE HOME PARK: The E 1/2 of the SW 1/4 of the NE 1/4 and the easterly 40. 00 ' of the W 1/2 of the SW 1/4 of the NE 1/4 of Section 18, T22S, R28E, less the southerly 40.00 ' thereof for right of way. PALMS MOBILE HOME PARK: Begin at the SW corner of the SE 1/4 of the NW 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida, run thence N 0°07 ' 30" E along the West Line of said SE 1/4 of NW 1/4 of said Section 651.27 feet; thence S 88° 58 ' 07" W 308 .86 feet; thence N 0° 21' 15" E 652.48 feet; thence N 89° 11' 15" E 376.64 feet; thence S 50° 36 ' 00" E 756. 10 feet; thence S 39° 24 ' 00" W 60 ' ±; thence 825 ' ± thence S 88° 45 ' 00" W 336 ' to P.O.B. , containing approximately 15 acres. SECTION 3. 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 4. Recording. The City Clerk is hereby directed to record the original or a certified copy of this Ordinance in the Public Records of Orange County, Florida. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1993 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED April 22 , 1993 READ FIRST TIME April 20 , 1993 READ SECOND TIME AND ADOPTED , 1993, UNDER AGENDA ITEM NO. 2 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND. LEGALITY this day of , 1993 . FOLEY & LARDNER By: City Attorney 3 • • j ORDT:...:NCE NO. 44:77 a CITY OF OCOEE, FLORIDA • AN ORDINANCE RELATIN; TO RESTRICTIONS ON THE USE OF CERTAIN P.OPERTY WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OCOEE, FLORIDA HERETOFORE ZONED RT-2, PROVIDING LEGAL DESCRIPTIONS, DEFINI- TIONS, RESTRICTIONS CF THE T.SE OF LAND, PROVIDING FOR ENFORCEMENT, PROVIDING PENALTIES, PROVIDING FOR CONSTRUCTION AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: There is within the municipal limits of the City of Ocoee, Florida, certain property described below which has heretofore been zoned RT-2 as provided by the City of Ocoee Zoning (.rdinance, as amended, and WHEREAS: Said property is presently owned by Ocoee Mobile Homes, a partno rship and the legal du:;crip- tion of said property is as follows: VALENCIA MOBILE HOME PARK: The E1/2 of the 0;-1 SW1/4 cf the NE1/4 ,,nd the easterly 40.00' of the Wl/2 of the SW 1/4 of the NE1/4 of Sectic.i 18, T22S, R28E, lest; the southerly 40.00' thereof for r_ght of way. PALMS MOBILE ,TOME Be:,-:n at Lhe SW corner of the SE1/4 ,.f the NWI/4 of Section 18, Township ::2 Sou. ,, RangL 28°Ea.;t, Orar, County, Florida, rui. thence N 0°07' 30" E along the West Line said SE1/4 of NW1/4 of said Section 651. '7 feet; thence S 88° 58' 07" W 308. 86 feet; thence N 0° 21' 15" E 652.48 feet; thence N 89° 11' 15" E 376.64 feet; thence S 50° 36' 00" E 756.10 feet; thenc:, S 39° 24' 00" W 60' ' ; thence 825' ' ; thence S 88° 45' 00' W 336'-to P. O. B. , cr,,.- tainin.l appr. ximate7 ; 15 aces. and WHEREAS: Ocoee Moble Homes, ;iereinafter c,.L1ed "Deve..Jper", desires that all of the above described real prope•rtj be subject to certain restr ::tions and easements for :..... mutual benefit and protectiL.:. of itself and all pers:..,s who hereinafter may ,.archas. of acquire sai .: pro- pert: or any .art thereof ar... also .o protect the .i.•,.que char_ctsr of said prc. .:rty ar.d to pzotect said proi.orty's value, ..,nd • • WHEREAS: the City Ccr.:rnission of the City of Ocoee has conducted an independent investigation and has deter- mined that because of the particular characteristics of the above described real property, it is necessary that there be restrictions as to the use of said real property over and above those set forth in the Zoning Ordinance of the City of Ocoee pertaining to the RT-2 zoning classifi- cation in general and has determined that said restrictions are in the best interest of the health, safety and welfare of the residents of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. AUTHORITY, PURPOSE, SCOPE: This ordinance is enacted under the 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 providing restrictions as to the use of those parcels of real property described above. This ordinance is en- acted in the interest of the public safeth and welfare of the citizens and inhabitants of the City of Ocoee, Florida and shall be in force and effect and shall be enforced throughout the City. Section 2. DEFINITIONS: (a) . "Owner" shall moan and refer to the property owners or their successors and assigns. (b) . "Properties" shall mean and refer to all that certain real property referred to or. the above mentioned Plat. (c) . "Lot" shall meat, and refer co any plot or parcel of rc.il property, or portion, or portions thereof, a:: shown on the above mentioned plat which an owner may own and upon which a dwelling unit (mobile home) is placed. (d) . "Owner" shall mean and refer to the record owner, whether one or more persons .:r entities, of the fee simple title to any lot, including the seller of an executory - 2 - • contxs.t for sale, but excluding those having such interest merely a: beneficiary or as security for the performance of an obligation. (e) . "Developer" shall mean and refer to Ocoee • Mobile Homes, a partnership, and its successors by merger or consolidation, and assigns, and one of whose primary purposes shall be to develop Valencia Mobile Home Park and Palms Mobile Home Park. (f) . "Restrictions" shall mean and refer to this Notice of Restrictions and Easements on Real Estate. (g) . "Development" shall mean and refer to all of th real property as is hereinabove set forth and particularly described. (h) . "Front lot line" shall mean ar.d refer to that side of a .lot that faces on a street or road. If more than one side of a lot faces on a street or road, the "front lot line" may be any side that faces on a street or road, at the option of the owner of said lot. 3. USE: (a) . Mobile Home spaces will no longer be rented effective date of this ordir.snce. (b) . Mobile Home spaces that are presently rented will be permitted to remain in this status until occupant vacates, at which time the Mobile Home space will revert to single ownership. (c) . None of the lots or the improvements thereon shall be used for anything other than Mobile Home, private residential purposes, except that Developer may maintain a sales office and sees agents on the property. During . or after, but not before the ?lacement of a mobile home, there may also be placed a p tio, awnings and metal shed that blends with mobile home for storage purposes, so long as the same are connected (by covered breezeway or ot,.erwise) with, and used in cor.3uncticn with such mouile home private - 3 - residehce. City of Ocoee sL.11 also have the right to amend these restrictions or add additional restrictions as hereinafter provided. . 4. LOT AREA: Except as hereinafter provided, no lot shall be subdivided and no more than one single- family mobile home maybe erected or placed or permitted on any one lot. However, one who purchases more than one lot adjoining will not be restricted as to placement of mobile home on lot. 5. ARCHITECTURAL CONTROL: No building or other structure shall be erected, placed or altered on any lot until at least the preliminary plans, specifications and plot plans have been submitted to the Developer and the City of Ocoee, and the same approved by the Developer and the City of Ocoee in writing in the following particulars: (1) That said building or other structure complies in all respects with these restrictions, reservations and conditions, and (2) The color and texture of materials and pai::t to be used on the exterior of all dwellings, and (3) That said building or other structure is in conformity and harmony not only with respect to the topography and fini- shed ground elevations, but also with the architectural design of other completed or i.:roposed structures in said subdivision, and (4) The proposed landscaping of said lot, including the proposed removal of any trees or other plants presently growing on said lot. In the event the Developer fails co approve or. disapprove such design and location within thirty (30) days after the same have been submitted to it, such approval will nct be required and this cc.venant will be deemed to have been tully complied with. Sut_ back requirements for utility bui,.lings outlined in the City of Ocoee, Zoning Ordinance, do not apply in the Parks. 6. STRUCTURES: (a) . No dwelling shall be placed or permitted to - 4 - remain :nn any mot that contains less than 600 square feet on the main floor (10' x 60' Mobile Home) . This require- ment being exclusive of additional attached garages, car- ports or patios. (b) . No structure shall be used or occupied until the exterior thereof, as approved pursuant to Paragraph Five (5) above, is finished and water and sanitary sewer- age disposal facilities (compliance with Paragraph Seven- teen (17) below are completely installed and operable. Each lot served will be required to pay a connection charge, if any, for the electric service to the residence. This charge is to be paid direct to the Electric Power Company furnishing such service. • (c) . No dwelling shall be located on any lot nearer than seven and one-half (7-1/2) feet measuring horizontally to base of dwelling, to any front, side or interior Lot line, except that; (1) . If one structure is constructed on a. parcel of propertl. consisting of more Lhan one lot, the combined area shall (for,this purpose) be ...nsidered as one lot. (2) . The set-back lines may be relaxed by decision of the Developer (if approved by the City of Ocoee), if the • above prescribed distances are not feasible considering the terrain and topography of the lot or property. (d) . Except as hereinafter provided in Paragraph 21, no trailer, tent, shack, garage, barn or other outbuilding or structure of a temporary character shall, at any time, ever be attached to the property or be used as a residence, temporarily or permanently, nor shall any structure ever be moved onto or permittee to remain on any lot. No trucks or equipment larger than 9,000 pounds gross vehicle weight, may be parked or stored on a residential lot or the street ad- joining it except during actual placement of a mobi.. : home on that Lot. No structure is to be erected on a foL:.dation of creosoted poles or elevated above normal foundation heights. 4 • • (e) . Once placement on an approved structure has commenced, it shall, azth rca.;onable diligence, continue and shall be completed within six (6) days thereafter (unless prevented by war, strikes, or acts of God or any other reasons beyond the control of the owner) as to its exterior, and all temporary structures or equipment used shall be removed. (f) . On the sides of lots that' face a street or road, no fence, wall, hedge or bush shall be built nearer than one (1) foot, measured horizontally at ground level from the lot line. On all other sides of lots, fences, walls, hedges or bushes may be built to the lot line. 7. SIGNS: No sign of any kind shall be displayed to the public view on .any lot except one sign of not more than four (4) square foot advertising the property for sale or rent, or signs used by the Developer or builder to advertise ' the i:roperty during construction. Developer or its agents shall have the right to remove any signs which violate this prov. dion, and, in so doing, shall not be liable for trespass or other tort in conn. ,;tion -herewith, or arising i.:em such removal. 8. NUISANCES: No noxious or offensive activity shall be carried on or maintained o:, any lot in the sub • - , division, nor shall anything lie don:, or permitted to be done thereon which may be or become _: nuisance in L,:e neighborhood. Motor bikes will not be permitted if :,y reason of noise or manner of use they are considers-i by the Developer to be a nuisance. Drying of clothes shall be restricted.to rear 25% of lot. The Developer reserves the right, if a residence is rented, to request an owner to remov- a tenant that becomes u:ubnoxious or in violat.on of any of the other restriction . and conditions of this notice, and c:: require circ• ow.e.,r not to rent to said tenant againt. If, after request, the owner fails co remov.:. said t -'.ant, the Developer (and/or City of Ocoee) shall have thy• right to re...-v a said tenant on its own initiative and the owner - 6 - • of the lot from whom said tenant is removed, hereby shall be liable to pay all costs, including reasonable attorney's fees, incurred by the Developer in removing said tenant. 9. FIREARMS: The use or discharge of firearms is expressly prohibited within the subdivision. 10. WATER, GARBAGE ANi) TRASH SERVICE: (a) . All trash, garbage and other waste shall be kept and stored in containers which shall be keltin a clean, sanitary and sightly condition, which containers, if kept outdoors, must be "animal proof" containers. Said trash, garbage and other waste shall be deposited by each indivi- dual owner in an area designated by the City of Ocoee. Fees for pickup and removal of garbage and trash will be paid for by the Owners to the City of Ocoee. The Developer shall also make arrangements for a garbage service to pick up said trash, garbage and other waste from said central lo- cation. All owners of lots with mobile homes in place that are occupied shall pay their proportionate .share for said garbage service. There shall be no burning of trash or other waste. All contracts for the placement of dwelling units on any lot shall contain a provision whereby the Builder agrees to remove or arrange for the removal of all trash and waste created by said construction or placement. (b) . Each lot will be serviced with an individual water meter. Upon receipt W. the meter connection fee, the City of. Ocoee shall furnish an install the necessary fittings, meter and meter box at the property line. The owner is • responsible for water lines inside the property lines. (c) . Water and Sanitation billing will be in accordance with present policies of the City of Ocoee, and • any future policies established by titre city Commission. 11. STORAGE OF MATERIALS: No building mat rial of any kind shall be placed or stored upon any lot. 12. ANIMALS: No horses, cows, hogs, poult_y or livestock of any kind (other than house pets of reasonable size, kind and number, and shall be leashed when outside the mobile home) may be kept on any lot. Only one pet per family will he allowed. Should such pets become a nuisance in the opinion of the City of Ocoee, they must be removed from the premises and the subdivision. V _ 13. DRAINAGE STRUCTURES AND DRIVEWAYS: Drainage structures under private driveways shall always have a drain- age opening of sufficient size to permit the free flow of water without backwater. All culverts or drainage struc- tures shall be so constructed that they will not cause damage to other lots or streets in any part of the sub- division. All driveways shall be constructed and designed to be "all-weather" driveways and shall be a minimum of ten (i0) feet in width. The maintenance of said driveway and drainage structures thereunder shall be the responsi- bility of the owner of the lot over which said drivt:way and drainage structure lies. Although the responsibility of the maintenance of the roadway and the drainage ditch on said roadway across the owner's lot shall be the re- sponsibility of the Developer (and subsequently the City of Ocoee) , any damage done to said roadway and drainage ditch that occurs during the construction :and/or mainten- ance of said driveways and drainage structures thereunder shall be the responsibility and paid for by the owner as hereinafter provided in Subparagraph 25-E. 14. UNSIGHTLY STORAGE': If open carports are used, no unsightly storage therein shall be permitted that is visible from the street or, from any other residence in the subdivision. No unsighti•: boats, trucks or vehicles shall be stored (or kept for the purpose of repair) on any lots or driveways. 15. OFF-STREET PARKING: There shall be no on-street parking anywhere in the subdl ,ision, except where si„e cifically - 8 - provided. Both prior to or ...ter the occupancy of a dwelling on any lot, the owner shall use appropriate space for off- street parking of his and his guests' vehicles. 16. CLEANING LOTS: Owners of lots, their heirs and assigns, agree to keep their property clean and if this is not done, upon notice being duly given, the Developer (and subsequently the City of Ocoee) may, without any liability for any type of trespass or damages, clean the lot and charge the purchaser or other subsequent owners of the pro- perty the cost of cleaning the same not to exceed a charge of $25.00 per lot per cleaning. 17. SEWAGE: Septic tanks will not be permitted. 18. EASEMENTS: Perpetual easements for private rights-of-way are hereby reserved over and across all pro- . rties designated as "streets" or "roads" on the plat of the above described real property, for the use and benefit of all of the cwners of lots as well as their tenants, guests, invitees, successors and assians. All of said areas en- compassed within the property designated as "streets" or "roads" on the said plat are also hereby reserved for the purpose of installing, repairing and maintaining or con- veying easements to proper parties so that they may install, repair and maintain 'electric power, water, sewage, gas, tele- phone and similar utility facilities and services for all of the lots and properties it the subdivision. The installa- tion of all such facilities snail be so located within said right-of-way, however, so as not to interfere with vehicular and pedestrian traffic in said streets or roads. To the extent necessary to serve anl lot, easements for such utility • purposes are also reserved o.tr and across portions of said • lots without the owner of the lot over which said easement runs being entitled to any compensation or redress by reason of the fact of the location cr such easement and the installa- tion, repair and maint..nance of any such facilities across • said lot, the only limitation being that the location of such easements across said lots and the installation, repair and maintenance of such facilities shall be such as to not interfere with the use of said lot by its owner. Said utulity easements are underground rights. The utility easements reserved and dedicated under the terms and pro- visions hereof shall be for the general benefit of the sub- division except for access to the one liftstation on Silver Star Road. Access is limited to easement adjacent to lift- station and shall also inure to the benefit of and may be used by any public or private utility company entering into and upon said property for the purposes aforesaid, without the necessity of any further grant of such easement rights to such utility companies. Should the Developer lat•ar decide that it would be in the best interests of tha owners of the lots in the 'subdivision to dedicate as a public road or street a part or all of' tne areas encompassed within the propt•rties designated on the subdivision pllt as ":streets" or "roads", then it shall n. v:: the power to do so without the necessity of the joinder of any of the individual • owners of lots in the subdivision. 19. OIL, GAS, MINERAL AND WATER DEVELOPMENT: No oil, gas or drillir.4 for water o:. quarrying or :;.fining operations of any kind shall be permitted upon Cr in any lot in this subdivision. 20. TRAVEL OR RECREATIONAL TRAILERS AND TENTS: No such use of a .lot shall be a :lowed. • 21. LANDSCAPING: L . owners are required to land- scape tneir lots in a manner conducive to good development tastes. 22. FIRES: No open :..:,d/or unattended fires shall be permitted in the subdivision. Charcoal or fires in out- door :;rills shall be permitted in al.oropriate contiiaers, - i0 - but even these fires shall b supervised and not left un- attended at any time. 24. POST OFFICE BOXES: Post office boxes shall be permitted as long as the one used is approved by the U. S. Postal Service and the design and location are approved in advance by the Developer (and subsequently by the City of Ocorr) . 25. PROPERTY OWNERS' ASSOCIATION: (a) . Each such person, by acquiring title to any lot in this subdivision, shall be deemed to also covenant and agree to be bound and abide by all of the terms of these restrictions as well as all rules and regu- lations hereafter promulgated first by the Developer and later by the City of Ocoee. At the time such a person becomes an owner, they shall supply Developer with what- ever information is necessary to include them on the rolls of the lot owners including but limited to name, address, ages, names and ages of children, telephone numbers, etc. , (b) . Ownership of a lot entitles the owner of any lot and the members of his family and their guc .ts to use, subject to such rules and regulations and assessments as may be from time to time established by the Developer and the City of Ocoee, of all of the properties and to • the use of all recreational or other facilities which may from time to time be constructed, maintained and operated on said properties by the Developer (and subsequently the City of Ocoee) . The judgment of the Developer (and sub- sequently the City of Ocoee as to the necessity or desirability of the installation or construction of any recreational or other facilities for the use. of the owners of lots shall at all times be final and conclusive. r - 11 - 25. PROPERTY OWNERS' ASSOCIATION: (B CONTINUED) Any such facilities so constructed by the Developer (and ' subsequently by the 'City of Ocoee) may be operated under the direct control of the Developer (and subsequently the City of Ocoee) or may be leased or licensed to other per- sons to operate in any other manner as the Developer (and subsequently the City of Ocoee) may from time to time determine. (c) . At such time as all lots are sold by Developer, Developer shall delicate to the City of Ocoee the land and facilities of the park. (d) . As each lot in the Mobile Home Park is sold, five percent (5%) of tne Gross cost of each lot will be placed in air escrow accou t requiring signatures of both parties (City of Ocoee and D:.veloper) to witndraw monies. This money is to be used for the construction of Recreational Facilities in the City of Ocoee. . (e) . Both Parks insofar as improvements, i.e. streets, sidewalks, water, lighting, drainage and sanitary sewer lines inside the Parks will be completed in accordance with ;dans submitted to the City of ucocee 21 September 1972. Inspection will be completed by the City Engineer end a report submitt.:d to t'. City Commission pri..4r to acceptance. (f) . Subject to release by the.• mortgage holders as to Park and Recreational areas, streets, sidewalks and all utility lines to include water, sewera.z:; and lighting • thereon which will be owned a:Id operated by the City of Ocoee by Warranty Deed with a one year maintenance warranty. (g) . The City shall have the option to assume ownership and operation of recreationaL parks and a,:eas, streets, sidewalks ar.d all u:ility lines to include water, sewerage and lighting thereon, subject to release Li the mortgage holders. Developer shall be held responsible .for one:_year_.maintenance warranty. - 12 - (h) . In thi. evi•.nt damage occurs to the driveway • or drainage facilities along the road on a lot, which damage is occasioned by the negligent act or failure to act by the owner thereof, and the owner, after request by the Deve- loper, (and subsequently by the City of Ocoee) , fails to repair said damage, then the Developer (and subsequently the City of Ocoee) shall have the right, but not the obligation, to repair such damage and to assess the owner of the lot for all costs and expenses incurred in connection therewith. The amount so assessed shall be due and payable immediately by the owner of the property so affected to the Developer (and subsequently the City of Ocoee) . (i) . In order to secure the payments of the assessments provided in this paragraph, a vendor's lien, or its equivalent, shall be and is hereby expressly re- served to secure the payment of said assessment, which • lien may be enforceable by•appropriate judicial process by the Developer (and subsequently by the City of Ocoee) . Such vendor's lien shall, however, be automatically second and subordinate to the lien :r liens of any bona fide lender which hereafter lends money LI the owner of any lot for the purchase of such property or the contruction of improvements on said property. It is expressly further provided, however, that the foreclosure o.E any prior lien against any lot shall extinguish only the amount of any accured and unpaid assess- • ments against such lots as of the date of such foreclosure, and shall not terminate the liablity of the new owner of such lot for payment of assessments which shall accrue sub- sequer:t to the date of such rc,reclobc.re. In the event Developer transfers the right to collect the assessments to the above mentioned City of. Ocoee, Developer shall likewise have the right co transfer and assign its right of all vendor's liens securing payment thereoi to said City of Ocoee. - i3 - 26. ENFORCEMENT: Devuloper (and subsequently the City of Ocoee) , its successors and assigns, shall have the right to enforce abservance and performance of the re- strictions and covenants contained and provided herein, and in order to prevent a breach or to enforce the obser- vance or performance of same, shall have the right, in • addition to all legal remedies or remedies elsewhere pro- vided herein, to an injunction either prohibitive or man- datory. In any legal action brought by the Developer, (and subsequently the City of Ocoee) , its successors and assigns, in which said action is successfully completed, the party against whom said action is brought hereby covenants and agrees to reimburse the Developer, (and subsequently the City of Ocoee) , its successors or assigns, such reasonable costs incurred .in said legal action, including but not being limited to reasonable attorney's fees. • 27. AMENDMENT: So' long as the Developer owns any of thu lots in this subdivision, other than those lots designated on the plat as being owned by the park and those designated for utilities, and except for those pro- visions contained in Paragraphs 2, 25 and 27 hereof, the City of Ocoee shall have the right to amend these re- strictions in whole or in part by a:•:c•cutiny a written instrument making said changes and having the same duly recorded in the official records of Orange County, :'lurida. As to the provisions contained in said Paragraphs 2, 25 and 27 and as to all of the rest of these restrictions after Deva- loper, or its successors and assigns, no longer owns any lots in this subdivision, the City of Ocoee may change these covenants in whole or in part by likewise executing a writtun instrument to that effect and recording said in- strument or instruments in the official records of Orange Count, Florida. - 14 - • 28. DURATION OF RESTR,CTIONS: These are not only. covenants, conditions and easements that are to run with the land, but, except as they may or might be amended in accord- ance with Paragraph 27, they shall be binding on all parties and all persons claiming under them until December, 31, 1999, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless the City of Ocoee agrees to change said covenants in whole or in part, or of terminate. them. 29. PARTIAL INVALIDITY: Invalidation of any covenant or restriction (by court judgment or otherwise) shall not affect in any way the validity of all other covenants, re- strictions, reservations and conditions, all of which shall remain in full force and effect. Acquiescence, regardless of time involved in any violation shall not be deemed a waiver of the rights of enforcement against the violator or others the conditions and covenants so violated or any other con- ditions. Developer, (and su:,sequentiy the City of Ocoee) , its successors or assigns, shall have the right to anter the property of the violator and correct.the violation, or to require that the same be corrected and to recover the cost of damages thereof. 30. SEVERABILITY: If any section, sentence, clause, phrase or word of this ordirace is for any reason neld or declared to be unconstitutional, inoperative or void, suc:, • holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such un- constitutional, invalid or imperative part therein and the • remainder of this ordinance after th,:: 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 or- dinance or any provision thereof snail be held inapplicable .to any person, group of persons, prc.perty, kind of property, - 15 - circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. 31. CONSTRUCTION: This ordinance shall be deemed to be cumulative • and supplemental and in addition to any other act, law or ordinance relating to the utilization of property zoned RT-2, providing, however, that this ordinance supercedes 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 healtri, safety and welfare o: the citiz.m s and residents of the City of Ocoee. 32. EFFECTIVE DATE: This ordinance shall take effect immediately upon passage by the City Commission of the City of Ocoee, Florida. ENACTED this 7 day of C fp �` , 1975. • CI.Y OF OCOEE, FLORIDA By - war ATTEST: - 16 - • SECTION SEVEN r. R-T-2 MOBILE HOME COMMUNITY DISTRICT - 7.1 GENERAL DESCRIPTION This district is composed of certain lands where it is desirable to attain a high density area consisting of mobile homes on sing lots for sale to individual owners or for rent. 7.2 USES PERMITTED • Property and buildings in an R-T-2 Mobile Home Park District sha be used only for the following purposes: (1) Mobile Homes and their customary accessory uses. (2) Same as for R-1 Single Family Dwelling District, including customary accessory uses. 7.3 - REQUIREMENTS (1) Each application for rezoning shall be accompanied with a site plan as required. (2) Each R-T-2 Mobile Home Park District shall contain a minium of ten (10) acres in area, shall have at least ten (10) mobile h. spaces completed at first occupancy, with no mobile home space containing less than thirty-five hundred square feet in area. (3) No part of any mobile home or addition thereto shall be pla within seven and one-half feet of any mobile home lot boundary 1 nor shall same be located within fifteen (15) feet of any access. or service building. (4) Each mobile home lot shall have unobstructed access at leas fifteen (15) feet wide to a paved street of not less than twenty (20) feet in paved width. Hard surfacing shall consist of a base least six (6) inches thick of lime rock or soil cement or an equivalent material and a top at least one (1) inch thick made o: asphaltic concrete or an equivalent material. Such streets shall lighted by a system which consists of a one hundred watt mercury light for every one hundred twenty (120) linear feet of roadway shall with some other system supply two-tenths lumen per square of roadway. (5) Closed ends of dead-end streets shall be provided with an adequately paved area of at least 60 feet. (6) Deed covenants for lots sold shall be developed to insure tl maintenance and upkeep of areas and facilities retained in commoi ownership in order to provide a safe, healthful and attractive living environment within the Mobile Home Park and to prevent th, occurance of blight and deterioration of the individual units. (7) For lots rented, it shall be the duty of the landlord to ke( an accurate register containing a record of all mobile homes, owl and tenants of the rental lots. The register shall contain the following information: (a) Name and address of owner and each occupant. (b) The mobile home lot on which the mobile home is parked (c) Date of entering the park. (d) Date of leaving the park. (e) The license number with date of issuance, year, make al model of each mobile home and the vehicle by which it was t] ported unless such vehicle is a licensed transporting compai The landlord shall keep the register available at all times inspection by law enforcement officials, public health officials. other officials whose duties necessitate acquisition of the info] mation contained in the register. 7.4 SIGNS Signs for identification of mobile home parks shall be provided 1 per Chapter III, Section 10.