Loading...
Item 08 Second Reading of Ordinance Creating a New Chapter 176 in the Code of Ordinances for Fertilizer Management Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 4, 2020 Item # 0 g /24/21YZ-v Reviewed By: 41"- Contact Name: Stephen C. Krug Department Director: Step en C. Krug Contact Number: 407-905-3170 City Manager: / / //, Subject: Second . Reading of Ordinance for Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste Ordinance (Chapter 176, new Chapter in Code of Ordinances) Background Summary: The first reading of this ordinance was read at the July 21, 2020, City Commission meeting. In July 2018, the Florida Department of Environmental Protection (FDEP) adopted the Wekiva and Rock Springs Basin Management Action Plan (BMAP), a water quality restoration plan aimed at restoring impaired water bodies. The Plan requirements are outlined in Section 403.067(7) Florida Statutes. Pursuant to the BMAP, the City, located in the basin, is mandated to adopt fertilizer application practices for residential and commercial properties, grass clipping management, and pet waste clean-up requirements. These requirements have been incorporated into the City's National Pollutant Discharge (NPDES) Municipal Separate Storm Sewer System (MS4) Permit and are required for permit compliance. FDEP provided a model ordinance ("Florida Department of Environmental Protection Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes") to assist municipalities with compliance for this requirement and allows for minor modifications to the document. Orange County has adopted a County-wide fertilizer ordinance; however, FDEP mandate is each local government must adopt a fertilizer ordinance. The following are major provisions of the ordinance: • Fertilizer application and application rates • Fertilizer restrictions • Fertilizer-free zones • Commercial applicator training • Grass clipping management • Animal water clean-up • Ordinance enforcement by the City The City of Ocoee's proposed Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste Ordinance is in conformance with the FDEP model ordinance. By adopting this ordinance, a fee schedule for violation schedule must be adopted by resolution. The fees are as follows: _ Occurrence Residential Commercial First Violation Written Warning Written Warning Second Violation $50 $500 Third&Subsequent Violations $100 $750 Both the proposed ordinance and fee resolution have been approved by Public Works and the City Attorney. Issue: Should the City Commission add Chapter 176 Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste to the City of Ocoee Code of Ordinances? Recommendations: Staff recommends creating a new Chapter 176 entitled Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste by adopting the attached Ordinance. The second reading and Public Hearing is scheduled for June 16, 2020 at the regularly scheduled City Commission Meeting. Attachments: Proposed City of Ocoee Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste Ordinance. Resolution Financial Impact: There is no direct fiscal impact to the City, but the program will require administration by Code Enforcement or other City staff assigned by the City Manager. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: x Ordinance First Reading Consent Agenda Ordinance Second Reading X Public Hearing Resolution . Regular Agenda Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier (5/20/2020) N/A Reviewed by Finance Dept. Rebecca Roberts (5/20/2020) N/A Reviewed by ( ) N/A 2 ORDINANCE NO. 2020- AN ORDINANCE OF CITY OF OCOEE, FLORIDA, CREATING A NEW CHAPTER 176 IN THE CITY OF OCOEE CODE OF ORDINANCES; ENACTING A "FERTILIZER MANAGEMENT, GRASS CLIPPINGS AND VEGETATIVE MATERIAL/DEBRIS, AND PET WASTE CHAPTER" REGULATING APPLICATION OF FERTILIZER TO LAWNS AND TURF IN THE CITY OF OCOEE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEASONAL RESTRICTIONS ON FERTILIZER APPLICATION; PROVIDING RESTRICTIONS FOR FERTILIZER CONSTITUENTS PHOSPHORUS AND NITROGEN; PROVIDING FOR RESTRICTIONS IN RATES OF FERTILIZER APPLICATION; PROVIDING FOR TRAINING REQUIREMENTS FOR COMMERCIAL APPLICATORS OF FERTILIZER; PROVIDING FOR GRASS CLIPPINGS AND VEGETATIVE MATERIAL/ DEBRIS, AND PET WASTE MANAGEMENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the degradation of surface and groundwater, are commonly the primary components of fertilizer for lawn and turf application; and WHEREAS, the Florida Watershed Restoration Act (403.067 F.S.) and the NPDES Municipal Stormwater Permitting Program require local governments to reduce pollutant loads discharged from their stormwater management systems to better protect and restore surface and ground waters; and WHEREAS, the amount of fertilizer applied to a given landscape and method of application have the potential to create nutrient pollution and adversely affect the quality of waterways and water bodies in the City of Ocoee (hereafter known as "City"); and WHEREAS,the City's National Pollutant Discharge (NPDES)Municipal Separate Storm Sewer .System (MS4) Permit No. FLS000011-004, issued by the Florida Department of Environmental Protection under authority delegated to it by the United States Environmental Protection Agency, mandates the adoption of a fertilizer ordinance that includes all of the requirements set forth in the Florida Department of Environmental Protection's Model Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes pursuant to Section 403.9337, Florida Statutes, by December 31, 2013 (the "Model Ordinance"); and Ocoee Fertilizer Ordinance Page 1 of 9 WHEREAS,the Florida Department of Environmental Protection has informally extended the time for the City to adopt the subject ordinance with the understanding that the City will adopt the ordinance as soon as practical; and WHEREAS,the City recognizes the need for the protection of water as a natural resource through the application of Florida-Friendly LandscapingTM practices; and WHEREAS, City staff has coordinated with the Florida Department of Environmental Protection in the development of this ordinance; and WHEREAS,the City Commission of the City of Ocoee hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED 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, Chapter 166, Florida Statutes, and Rule 40C-2.042, Florida Administrative Code. SECTION 2. Adoption of a New Chapter 176. A new Chapter 176 of the City of Ocoee Code of Ordinances, entitled Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet Waste Requirements, is hereby added to read as follows with underlines indicating new language: CHAPTER 176 -- FERTILIZER MANAGEMENT, GRASS CLIPPINGS AND VEGETATIVE MATERIAL/DEBRIS,AND PET WASTE REQUIREMENTS § 176-1. TITLE; AUTHORITY. A. This Chapter shall be known and may be cited as the "Fertilizer Management, Grass clippings and vegetative material/debris, and Pet Waste Chapter." B. The City has the authority to adopt this Chapter pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Rule 40C- 2.042, Florida Administrative Code. 4176-2. INTENT AND PURPOSE It is the intent and purpose of this ordinance to implement uniform citywide procedures that promote the proper use and application of fertilizer. Ocoee Fertilizer Ordinance Page 2 of 9 4176-3. DEFINITIONS For the purpose of this chapter,the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future,words in the plural include the singular, and words in the singular include the plural. ADMINISTRATOR — The Administrator or his/her designee, or such other person as may, from time-to-time, be designated by the City Manager. APPLY OR APPLICATION — The physical deposit, placement, or release of fertilizer upon soil, turf, or landscape plants. APPLICATOR—Any person who applies fertilizer. BEST MANAGEMENT PRACTICES (BMPs)—The practice or combination of practices based on research, field testing and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies, and protecting natural resources. COMMERCIAL APPLICATOR Any person who applies fertilizer in exchange for money, goods, services, or other valuable consideration and who is required by law, ordinance, or regulation to obtain a local business tax receipt. FERTILIZER — Any substance or mixture of substances, excluding pesticides, organic composts, fertilizer derived from biosolids, and reclaimed water that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. GUARANTEED ANALYSIS —The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. GOLF COURSE — Any public or private area of land designed and used exclusively for playing or practicing golf, including tees, fairways, greens, rough areas, hazards, and driving ranges (stand-alone ranges or those associated with a golf course). A golf course shall also include the following uses if they are accessory to the above uses: clubhouses and all facilities adjacent to and associated with the daily operations of the above-referenced areas. Golf-related structures or features on residentially zoned private land shall not constitute a golf course. GROUNDCOVER— Plants used in mass as an alternative to turf or lawn or to create variety in landscape, usually not having a mature height over two (2) feet tall. Ocoee Fertilizer Ordinance Page 3 of 9 LANDSCAPE PLANT(S) —Any shrub, tree, or groundcover, excluding turf and vegetable gardens. PERSON—Any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, or other group of people acting as an organized entity. RECLAIMED WATER — Effluent which has been treated to advanced tertiary treatment standards in compliance with the requirements of the Florida Department of Environmental Protection; includes the term "treated effluent." The treated effluent may or may not come from the City-owned and operated wastewater treatment plant. RESTRICTED SEASON—The period from June 1 through September 30. SLOW RELEASE NITROGEN—nitrogen in a form which delays its availability for plant uptake and use for an extended period after application, or which extends its availability to the plant longer than a readily available, rapid or quick-release product. This definition includes the terms "controlled release," "timed release," "slowly available," and "water insoluble." TURF, SOD, OR LAWN A mat layer of monocotyledonous plants, including but not limited to,Bahia,Bermuda, Centipede,Paspalum, St. Augustine, or Zoysia. § 176-4. APPLICABILITY A. The provisions of this Chapter shall apply to all property and each person located within the corporate limits of the City of Ocoee (City). B. Any business that sells fertilizer within the corporate limits of the City shall post a notice stating that the use of lawn and landscape fertilizers in the City is restricted in accordance with this chapter. § 176-5. WEATHER AND SEASONAL RESTRICTIONS A. No fertilizer containing nitrogen or phosphorus shall be applied to turf or landscape plants during a period for which the National Weather Service has issued any of the following advisories for any portion of the City: a severe thunderstorm warning or watch, flood warning or watch, tropical storm warning or watch, or hurricane warning or watch. B. No person, except applicators certified pursuant to section 176-9 of this Code, shall apply fertilizer containing nitrogen or phosphorus to turf or landscape plants during the restricted season from June 1 through September 30. § 176-6. FERTILIZER CONTENT; APPLICATION RATE A. No fertilizer shall be used unless labeled in accordance with state law. B. No fertilizer containing phosphorus shall be applied to turf or landscape plants unless the soil or plant deficiency is verified by a testing methodology approved by the University of Florida's Institute of Food and Agricultural Sciences Ocoee Fertilizer Ordinance Page 4 of 9 Q'UF/IFAS"). If a deficiency is verified the application of phosphorus may then be applied at a rate no greater than one-quarter of one pound (0.25 lb) of phosphorus per 1,000 square feet per application, not to exceed one-half pound (0.5 lb) of phosphorus per 1,000 square feet per year. Test results documenting phosphorus deficiency shall be readily available onsite at application. C. Fertilizers containing nitrogen applied to turf or landscaping plants within the City must contain no less than fifty (50) percent slow release nitrogen as indicated on the Guaranteed Analysis label, with no more than one pound (1 lb) total nitrogen per 1,000 square feet of area per application. This requirement shall change to at least sixty-five percent(65%) slow release if the product is readily available on the local commercial market by July 1, 2020. D. Notwithstanding subsection (C) of this section, commercial applicators may apply fertilizer at a rate that does not exceed one-half of one pound (0.5 lb) of readily available nitrogen per 1,000 square feet of area, provided, however, that any application that exceeds one-half of one pound (0.5 ib) of nitrogen shall conform to subsection(C) of this section. E. The above-referenced application rates must be reduced appropriately on properties where reclaimed water is used for irrigation based on available nutrients. • F. Notwithstanding any other provision of this section, fertilizers applied to turf shall follow the guidelines found in Rule 5E-1.003, F.A.C., as it may be amended from time to time. G. Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a property and shall not be applied for the first thirty(30)days after seeding or sodding a property, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (such as a wildfire or other similar emergency), or when applied in accordance with the Stormwater Pollution Prevention Plan for that property. § 176-7. FERTILIZER-FREE ZONES A. No fertilizer shall be applied within fifteen (15) feet of any wetland or surface waters, including but not limited to a lake, pond, stream, water body, or canal. B. A low-maintenance buffer zone is strongly recommended,though not required, for all areas within ten (10) feet of the normal high-water elevation of any lake, pond, stream, water body, or canal, or any wetland, excluding permitted stoimwater ponds. Low-maintenance zones should be planted and managed in such a way as to minimize the need for watering,mowing, and other active maintenance.No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent over-spray of aquatic weed control products in this zone. Ocoee Fertilizer Ordinance Page 5 of 9 § 176.8. APPLICATION PRACTICE A. Broadcast spreaders applying fertilizers must be equipped with deflector shields positioned to deflect fertilizer from all impervious surfaces, rights-of-way, stormwater drains, ditches, conveyances, and water bodies. B. No fertilizer shall be deposited, washed, swept, or blown off, intentionally or inadvertently, onto any impervious surfaces, public right-of-way, public property, stormwater drain, ditch, conveyance, or water body. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. Fertilizer released on an impervious surface must be immediately contained and either applied to turf or landscape plants or other legal site in strict accordance with this Code, or returned to the original or other appropriate container. 176.9. TRAINING REQUIREMENTS; PROOF OF COMPLIANCE A. No Commercial Applicator shall cause fertilizer to be applied,except at his/her own residence, without a valid limited certification for urban landscape commercial fertilizer application from the Florida Department of Agriculture and Consumer Services, Florida Department of Environmental Protection's Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Building Industries training by OF/IFAS, or City-approved equivalent. B. Each Commercial Applicator shall ensure that each applicator he/she employs has a valid limited certification for urban landscape commercial fertilizer application from the Florida Department of Agriculture and Consumer Services or approved equivalent prior to the application of fertilizer. C. Non-commercial applicators are encouraged to complete the online training such as "Orange County Fertilizer Application Education Course for Citizens" on the Orange County fertilizer web page or equivalent. D. All Commercial Fertilizer Applicators shall have in their possession at all times evidence of certification by the Florida Department of Agriculture and Consumer Services, Florida Department of Environmental Protection's Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Building Industries training by OF/IFAS, or City-approved equivalent. § 176-10. EXEMPTIONS; EXCEPTIONS A. Sections 176-7 through 176-10 of this Chapter shall not apply to golf courses; provided, however, fertilizer shall not be applied to golf courses in excess of the provisions set forth in Rule 5E-1.003(3), F.A.C., as it may be amended from time to time. B. This article shall not apply to any bona fide farm operation that the City is without authority to regulate with regard to fertilizer application pursuant to the Florida Right to Farm Act, Florida Statues section 823.14 et seq., or other applicable state law. C. This article shall not apply to sports turf areas at parks and athletic fields. Ocoee Fertilizer Ordinance Page 6 of 9 D. This article shall not apply to property that is not subject to or covered under the Florida Right to Farm Act that has pastures used for grazing livestock. E. This article shall not apply to any property used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. § 176.11. GRASS CLIPPINGS AND VEGETATIVE MATERIAL/DEBRIS Grass clippings or vegetative material/debris shall not be deposited, washed, swept, or blown off, intentionally or inadvertently, onto or into any impervious surface, stormwater drain, ditch, conveyance, or water body. § 176.12. ANIMAL WASTE The owner or person having custody or control of every animal shall be responsible for the removal of any excreta deposited by his/her animal(s) on public walks,recreation areas, or private property other than his/her own. § 176-13. ENFORCEMENT The provisions of this Section may be enforced by code enforcement or law enforcement personnel. Any person who fails to comply with the requirements of this Section shall be guilty of violating the City of Ocoee Code and shall be subject to all enforcement proceedings provided in general law and in the City of Ocoee Code, including Section 1-12, penalties for offenses, and Chapter 16, Violations. If a violation is deemed to be a public nuisance or a public safety issue, the City may seek injunctive or declaratory relief or other civil remedy. Remedies may include fines, in accordance with Chapter 16 Fine and Fee schedule, as amended, and penalties. Each day a violation exists it shall constitute a new and separate offense. The Administrator shall oversee the daily administration of the provisions of this Chapter, including enforcement and the maintenance of records regarding violations of this Chapter. The Administrator is specifically authorized to enforce the provisions of this Chapter and issue citations and levy fines in connection therewith. 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. Codification. It is the intention of the City Commission of the City that the provisions stated in 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. Ocoee Fertilizer Ordinance Page 7 of 9 SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. Ocoee Fertilizer Ordinance Page 8 of 9 PASSED AND ADOPTED this day of , 2020. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2020 READ FIRST TIME , 2020; READ SECOND TIME AND ADOPTED , 2020 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA;APPROVED AS TO FORM AND LEGALITY this day of , 2020. SHUFFIELD, LOWMAN & WILSON By: City Attorney Ocoee Fertilizer Ordinance Page9of9 RESOLUTION NO. 2020- A RE' SOLUTION OF THE, CITY OF OCOEE, FLORIDA, AMENDING THE FINE AND FEE SCHEDULE AS AUTHORIZED BY ORDINANCE NO. 2020-_, TO INCLUDE A FINE AND FEE FOR VIOLATIONS OF CHAPTER 1.76 CITY CODE FERTILIZER MANAGEMENT, GRASS CLIPPINGS AND VEGETATIVE MATERIAL/ DEBRIS, AND PET WASTE; PROVIDING FOR SEVERABILiTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Ordinance No. 2018-018, amending Chapter 16, relating to violations, to allow for enforcement by a Violations Hearing Special Magistrate; and WHEREAS, on May 1, 2018, the City Commission adopted Resolution No. 2018-010 to include a schedule of fines and fees for violations enforced per Ordinance 2018-18; and WHEREAS, on 2020, the City Commission adopted Ordinance No. 2020- to provide restrictions for fertilizer application, grass clippings and vegetative material/debris management, and pet waste management in accordance with the Wekiwa and Rock Springs Basin Management Action Plan (BMAP); and WHEREAS, Section 5-20 of the City of Ocoee Land Development Code, authorizes enforcement of said ordinance, including enforcement pursuant to Chapter 16 of the Code of Ordinances of the City of Ocoee ("City Code"); and WHEREAS, the City Commission intends to amend Resolution No. 2018-010 to provide for a fine and fee schedule for violations of Section 176 of the City Code, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE.Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO.Exhibit A. The City Commission of the City of Ocoee, Florida, hereby adopts the schedule of fines and fees, as amended, for violations of certain provisions of the code of ordinances as provided in EXHIBIT A, attached hereto and by this reference made a part hereof. SECTION THREE.Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 FOUR.Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTEDthis ____ day of ________________, 2020. APPROVED: ATTESTCITY OF OCOEE, FLORIDA Melanie Sibbitt, City ClerkRusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON _______________, 2020 UNDER AGENDA ITEM NO. ____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS ____ DAY OF ______________, 2020 SHUFFIELD, LOWMAN & WILSON By: City Attorney 2 EXHIBIT A CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEUDLE OrdinanceFine/Fee Chapter 48 –Boats and Boating, Article III, Bow fishing$100.00 Chapter 61 –Cemeteries $50.00 First Offense $100.00 Second and Subsequent Offence (second and subsequent offense within 12 months of date of last offense) Chapter 75 –Nuisance False Alarm Response Fee $100.00 Fourth and Subsequence Offense (fourth andsubsequent false alarms within a six-month period, calculated from the date of the first false alarm) Chapter 113 –Noise-Loud, Unnecessary or Disturbing $50.00 First Offense $100.00 Second and Subsequent Offense (second and subsequent offense within 12 monthsof date of last offense) Chapter 124 –Parks, Recreation, and Other Community Facilities $50.00 First Offense $100.00 Second and Subsequent Offense (second and subsequent offense within 12 months of date of last offense) Chapter 153-4C –Streets and Sidewalks, prohibitions (human $100.00 signage) Chapter 153 –Streets and Sidewalks, Article III, Golf Carts on $100.00 Public Streets Chapter 164 –Registration, Maintenance, and Security of Abandoned Real Property $200.00 Registration $500.00 Failure to Register Chapter 168 –Vehicle and Traffic $40.00 Parking $250.00 No Disabled/Handicap Sticker/Placard Permit Chapter 180, Article V, Section 5-20–Dog Friendly Restaurants No Permit Written Warning First Offense $250.00 Second Offense $500.00 (per offense) Third and Subsequent Offenses After Permit is Acquired -Failure to follow general requirements stated in Section 5-20 (Fines are assessed per offense; an offense is committed for each requirement not met) $50.00 (per offense) First Offense $100.00 (per offense) Second Offense Permit Revocation Third Offense 3 Chapter 176 –Fertilizer Management, Grass clippings and vegetative material/debris, and Pet Waste First Violation Written Notice (Residential) Written Notice (Commercial) Second Violation$50 (Residential) $500 (Commercial) Third and Subsequent Violations $100 (Residential) $750 (Commercial) Administrative Fee (including filing fee)$50.00 4 lir lir t311 v r is 11iJL' iV1L' i� i Date Published and Media Name • • Thursday:Jai(Y 23 f2O20 J t1 West.Orange Times_ • Advertisement or Article . i FIRST INSERTION CITY OF OCOEE PUBLIC HEARING A Public Hearing before the Ocoee City Commission will be held Tuesday,An`- gust 4,2020 at 6:15 p.m.or as soon thereafter as maybe heard,in the Commission Chambers of City Hall at 150 North Lakeshore Drive,Ocoee,Florida,to consider the following: AN ORDINANCE OF CITY OF OCOEE,FLORIDA,CREATING A NEW CHAPTER 176-IN THE CITY OF OCOEE CODE OF ORDINANCES;EN- ACTING A"FERTILIZER MANAGEMENT,GRASS CLIPPINGS AND VEGETATIVE MATERIAL/DEBRIS, AND PET WASTE CHAPTER" REGULATING APPLICATION OF FERTILIZER TO LAWNS AND TURF IN THE CITY OF OCOEE;PROVIDING FOR DEFINTIIONS; PROVIDING FOR SEASONAL RESTRICTIONS ON FERTILIZER AP- PLICATION;PROVIDING RESTRICTIONS FOR FERTILIZER CON- STITUENTS PHOSPHORUS AND NITROGEN; PROVIDING FOR RESTRICTIONS IN RATES OF FERTILIZER APPLICATION; PRO- VIDING FOR TRAINING REQUIREMENTS FOR COMMERCIAL AP- PLICATORS OF FERTILIZER;PROVIDING FOR GRASS CLIPPINGS AND VEGETATIVE MATERIAL/ DEBRIS,AND PET WASTE MAN- AGEMENT;PROVIDING FOR EXEMPTIONS;PROVIDING FOR EN- FORCEMENT;PROVIDING FOR SEVERARU1TY;PROVIDING FOR CODIFICATION;AND PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearing.and be heard with respect • to the proposed actions;however,attendance inside the Ocoee Commission Chambers may be limited to accommodate social distancing and is subject to change.based on the Governor's Executive Order.This meeting is broadcast- ed live on Spectrum Channel'493 with a live stream at www.Ocoee.org/197/ Ocoee-TV.Any interested party is invited to offer comments and/or questions during the'hearing by emailing citizens@ocoee.org oi-calling,4o7 554 MS.:_ or by registering in advance by emailliig citizens®ocoee.irg oi'calling 407- 905-3105 and City staff will call you during the live nieeling. The Ocoee City Commission may continue the public hearing to other dates and times,as it deems necessary.If a person decides to appeal any decision made by the City Commission with respect to any matter considered-at such hearing,they will need a record of the proceedings,and for such purpose they may need to ensure that a verbatim record of the proceedings is made,which record includes the tes- timony and evidence upon which the appeal is to be based:In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 407-905-3105 at least two days prior to the date of hearing. July 23,2020 20-02626W • •