Item VI (A) 2. Second Reading of Ordinance No. 99-35, re: Junk Vehicles and Nuisances Agenda 11-02-99
Item VIA 2
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
Ocoee S.SCOTT VANDERGRIFT
CITY OF OCOEE
orb till COMMISSIONERS
ry 150 N.LAKESHORE DRIVE DANNY HOWELL
p SCOTT ANDERSON
V OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
E4 J�� (407)656-2322 NANCY J.PARKER
°f G00)
CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL Sri 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.
Pow1
I';ntc ct woe's REstS,rces
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 notice to remove 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 4.$7-6 and
7-10 of the Code. -• -
- -
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 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.
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. 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 day of ,1999.
-4-
006.120760.6
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL) October 21
ADVERTISED , 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
NOTICE OF PUBUC HEARING
CITY OF OCOEE
The Orlando Sentinel oD�ce ISCE IIiEREBY of the CoGnstitutiVENonursuant
of the
State of Florida and Section 166.041,
Florida Statutes,that the OCOEE CITY
Published Daily COMMISSION will hold a public hearing
in the Commission Chambers,City Hall,
' located at 150 N. Lakeshore Drive,
Ocoee,Florida during a regular session
to be held on November 2,1999,at 7:15
��yy
i p.m.or as soon thereafter as possible,
tate of, foribA : in order to consider the adoption of the
IS.S. 1 following ordinance:
COUNTY OF ORANGE I ip,6,6
ORDINANCE NO.9935
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA IMPOSING RE-
Before the undersigned authority personally appeared BEVERLY C•SIMMONS SPONSOWNER,TENANT,LESSEE AND/OR
who on oath says PERSROP-
ERTYOWHERE N RABANDONED OUJNG THE PAND
that he/she is the Legal Advertising Representative of The Orlando Sentinel,a dally JUNK VEHICLES ARE LOCATED AND
newspaper published at ORI ANDO in RESPONSIBILITY FOR THE ACCU-
MULATION OF ANY NUISANCE AND
County, Florida; MENACE TO PUBUC HEALTH,SAFE-.
that the attached copy of advertisement, being a NOTICE OF ?U i3L I C TY AND WELFARE ON THE PROPER-
TY OF SUCH PERSON;AMENDING
in the matter of No_ #99-35 SECTION 165-3(A) AND SECTION
165-7 OF CHAPTR 165 OF THE
in the 0?iA 11t r F CODE OF ORDINANCES OF THE
Court, CITY OF OCOEE BY IMPOSING RE-
was published in said newspaper in the issue; of J,;]� !, s�
f — SPONSIBILITY FOR ABANDONED OR
— JUNK VEHICLES ON THE PROPERTY
OWNER,TENANT,LESSEE AND/OR
PERSON CONTROLUNG THE PROP-
ERTY IN ADDITION TO THE RESPON-
SIBILITY PLACED ON THE OWNER
OF THE ABANDONED OAffiant further says that the said Orlando Sentinel is a newspaper published at HICLE;AMENDING S CTION 115-3
OI AN D 0in said OF ARTICLE I OF CHAPTER 115 OF
ORANGE THE CODE OF ORDINANCES OF THE
County, Florida, ; CITY OF OCOEE BY IMPOSING RE-
and that the said newspaper has heretofore been continuously published in SPONSIBILITY ON THE PROPERTY'
said 0 R Jl NIL F OWNER,TENANT,LESSEE AND/OR
County, Florida, PERSON CONTROLLING THE PROP-
each Week Day and has been entered as second-class mail matter at the post I ERTY FOR ANY NUSIANCE AND
in L RI D D ! MENACE TO PUBLIC HEALTH,SAFE-
officeIn said ; TY AND WELFARE DUMPED,
OfiANC;t County, Florida, PLACEDOR PLACED ONTCAUSED TO BE
HE PROPERTY OF
for a period of one year next preceding the first publication of the attached SUCH PERSON; PROVIDING FOR
copy of advertisement; and affiant further says that he/she has neither paid SEVERABILITY; PROVIDING FOR
promised anyCODIFICATION;PROVIDING AN EF-
nor
person, firm corporation any discount, rebate, FECTIVE DATE.
commission or refund for the purAre of secu 'ng t Iadvef tisement for IP,0,0
publication in the said newspaper I V - Interested parties may appear at the
c
t�'ryl meeting and be heard with respect to
the proposed action.A copy of the pro-
The foregoing instrument was a knowledged before e this 2lstday of posed ordinance may_be examined in
OCTOBER the office of the City Clerk at City Hall,
1 9 9 •y BEVERLY .SIMMONS 150 N.Lakeshore Drive,Ocoee,Florida,
between the hours of 8:00 a.m. and
who is personally known to m• and w • •id take an oath. 5:00 p.m.,Monday through Friday,ex-
cept legal holidays.
NOTICE: Any person who desires to
�� appeal any decision made by Commis-
sion with respect to any matter consid-
(SEAL) '""��-- ered at such meeting will need a record
...--�..--.–...,...� "IICHI� S of the proceedings and for such pur-
lIJIW NICf;Q�S r pose may need to ensure that a verba-
.p''-. Exp.9/23/2O01 tim record of the proceeding is made,
S\ which record includes the testimony
r,, ' 9,, illy Comm .9/ =101 � -.. :��ServicA!nS and evidence upon which the appeal is
I'll r;:md c 9V Beryl.- �� – vq, (�8J01� based.Persons with disabilities need-
ing7° assistance to participate in any of
•
:3016 + a'h,•Known (!(nom I l7 the proceedings should contact the of-
y 1 1 Other I.D. ".�.,,,,,��� fice of the City Clerk,150 N.Lakeshore'
Known I i.. . . Drive,2Ocoee, FL48 hour34761,2 , t.146, s in advance(407) 656-
of
the
23meetinExg. •
JEAN GRAFTON,CITY CLERK,CITY
OF OCOEE
October 21,1999
OLS2967562 Oct.21,1999