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Home My WebLink About2008-003ORDINANCE NO. 2008-003 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA CONCERNING AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AN AMENDMENT TO CHAPTER 973, PUBLIC NUSIANCE, BY AMENDING RESTRICTIONS ON WEEDS SECTION 973.03, BY AMENDING ASSESSMENT FOR ABATEMENT OF NUISANCE SECTIONS 973.05 AND 973.06 BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) AND TITLE X REGULATIONS BE AMENDED AS FOLLOWS: CHAPTER 973. PUBLIC NUISANCE TABLE INSET• SECTION #1: The entire 973 Ordinance is hereby amended to read as follows: Section 973.01. Short title and purpose. This chapter shall be known and may be cited as the "Indian River County Public Nuisance Ordinance.' For the purpose of promoting the health, safety and general welfare of the community, the board of county commissioners of Indian River County finds it necessary that lands in the unincorporated areas of Indian River County be cleared of any noxious substance or material which might tend to be a fire hazard or other health hazard, or which is Sec. 973.01. Short title and purpose. Sec. 973.02. Definitions referenced. Sec. 973.03. Restrictions. Sec. 973.04. Abatement of nuisance. Sec. 973.05. Public hearing on nuisance.R.eserved Sec. 973.06. Assessment for abatement of nuisance. Sec. 973707, Reser=it-dr-- e4 _._Sec. Sec.973.0-8. RiTgh to hearing on assessment. Se 73.09. Se vii g of net -i __. Section 973.01. Short title and purpose. This chapter shall be known and may be cited as the "Indian River County Public Nuisance Ordinance.' For the purpose of promoting the health, safety and general welfare of the community, the board of county commissioners of Indian River County finds it necessary that lands in the unincorporated areas of Indian River County be cleared of any noxious substance or material which might tend to be a fire hazard or other health hazard, or which is ORDINANCE NO. 2008-003 considered to be obnoxious and a nuisance to the general public. Such substances or material shall include, but not be limited to, the following: garbage, trash, weeds, junk, debris, unserviceable vehicles, dead trees posing a health or safety hazard, or any other offensive materials which constitute a nuisance as provided for in this chapter. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-11, § 9 4-22-92) Section 973.02. Definitions referenced. The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90) Section 973.03. Restrictions. Accumulations of debris, garbage, junk, trash, weeds, unserviceable vehicles, dead trees posing a health or safety hazard, or other noxious materials, are hereby declared a public nuisance and shall be removed from all lots, parcels and tracts of land, public or private, unless otherwise permitted by the terms of this article. (1) Weed clearance. The following provisions shall apply to weeds as defined in Chapter 901: A(a}-441e-aeeurnulat-iewef weedsan excess-e€-eigh4een-(4-ll-}-inc-hes-4n-height4s--hereby prohibited on any lot, parcelor tract of land -which lick contigueus to a commercial or • • •. • a • • • a a _. • • • w . - • •. • • • . • • • • •. • s • . • •. • • a, n m nimum of -fifty (50) p • f• a - . eit• . • • • • • • i • • • ..• d within • • ♦ • • • V'• r •. w on approved development plans shall be exempt from this section. (a) Prohibition . 1. The accumulation of weeds in excess of twelve (12) inches in height is hereby prohibited on any lot. parcel, tract of land, common area, open space area, recreational tract, or landscape buffer w'thin either a platted, recorded subdivision where the platted lots are at a minimum of fifty (50) peicent developed with residential units, or within or internal to a multifamily development where a minimum. of fifty (50) percent has been developed with project units. (b) Exemptions from Prohibitions. 1. Agriculturally zoned land 2. Land with a conservation designation or within conservation and/or preservation casements 3. Areas designated on approved development plans as conservationor preservation. areas. 4. Areas authorizedor requitedby jurisdictional agency permits to remain natural. 5. Uncleared lots within_platted, recorded subdivisions (bc) Maintenance of weeds to satisfy the eigteentwelve (12) -inch maximum height limitation which entails the grubbing (uprooting) of vegetation shall be subject to the provisions of Chapter 927, Tree Protection and Land Clearing, of the Indian River County Land Development Code. • 2 ORDINANCE NO. 2008-003 (ed) The existence of untended weeds, as defined in Chapter 901, in excess of eighteen twelve (1-812) inches in height on any lot, parcel or tract of land as described in subsection 973.03(1)(a) shall be prima facie evidence of intent to violate and of a violation of this section by the owner, owners and occupant of said land. _(d) Upon :receipt of a notice of violation of section 973.03(1)(a), the owner, lessee such violation within the time specified • • IP. 11/.. • Y . - :- liable :' tly andseverally for any continuation of such violation. (2) Restriction of garbage, trash, junk, debris or unserviceable vehicles in or on public or private property: (a) No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned or accumulated any junk, wrecked or unserviceable vehicle or the parts thereof on property in the unincorporated areas of the county unless such vehicles or parts are stored in an enclosed structure or at an authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate, or permit or cause to be thrown, discarded, placed, abandoned or accumulated any junked or unserviceable refrigerator, stove, washing machine, water heater, or other household appliance or equipment, or any garbage, trash, junk, debris or unserviceable vehicles on property in the unincorporated areas of the county except at an authorized junk yard, or at a landfill or other solid waste disposal site that holds a permit issued by the Florida Department of Environmental Regulation pursuant to Part 4 of Chapter 403, Florida Statutes, and is operated by, or under franchise from, the county. (b) The existence of any garbage, trash, junk, debris or unserviceable vehicle in or on any unauthorized property in the unincorporated area of the county, whereby said material contains evidence of ownership, shall be prima facie evidence of intent to violate and violation of this section by the person whose name appears on such material. (e) Upon reeeipt-ef-a-natiee et- ek4ien of sectien-973.03(2)(a), the owner, lessee and/or tenant of the involved property and/or any other identified violator, shall abate such. violation within. the time specified in section 973.03 of this chapter, and after sueh t o ff-be-}eintl d. sever-ally4ktble4 w tmy continuaen-ef- u h violation. (turd. Ne. 90 16, § 1; 9--14-99-C3r-d. . 92 11, § 1-0-4 22 92-) Section 973.04. Abatement of nuisance. (1) Whenever a county code inspector determines that a public nuisance as described in section 973.03 of this chapter exists, the comru ' :. nent director shall have -the authority to di' ect the inspector to either: the inspector shall have th.e authority to serve the violator withnotice to appear before the Indian River County Code Enforcement Board andshall hold. hearings in the manner provided. in Chapter 162, Florida Statutes. (2) If the Code Enforcement Board determines through a compliance hearing that the violator i.s still not in. compliance with. section 973.03 and that th.e violation presents a serious threat to the public health, safety, and welfare or if the ‘, iolation. is itreparable or 3 ORDINANCE NO. 2008-003 irreversible ill nature, then the Code Enforcement Board sha1.1direct staff to notify the Indian River County Commission, who no sooner than thirty (30) days after the compliance hearing, may issue an order to direct the County Administrator or a designee for the County Adm.imstrator to abate the nuisance. authorizing the county's employees. servants. agents or contractors to enter upon. the property at all reasonable ti.mes and take whatever action is necessary to abate the nuisance. (3) Once the County has abated a specific nuisance under this section, n.o further code en.forceme it board determination. is :needed for the County to take future abatement action relating to the reoccurrence of the nuisance violation. (4) The primary method for bringing code violators into compliance shall continue to be the fi res imposed by the Code Enforcement Board and nothing in this section shall preclude the Cod.e Enforcement Boardfrom issuing a fine relating to any nuisance violation. A nuisance violation need not rise to the level of a serious threat to the public health. safety welfare or be m the nature of a violation. that is irreparable or irreversible for the Code Enforcement Boaid to issue an. order of nam -compliance vv ith. section 973.03. Enforcement Boaid in the manner provided in the Indian Rivci-County -Code of Laws and Ordinances. In the eventthat the-ebmmuni��.ry-aeo n}anent di.rector elects to pursue remedies for violation of section 973.03 of this aPi Code Enforcement Board, the provisions of sections 973.01 through 973.09 of this chapter shall not be applicable to those actions; or (b) The inspector shall serve notice in the manner --provided in section-97-49-ef4.his ekapter to -the ownerawners-arid-eeeupant*-e#-t ie--preperpen-which the nuisance lies as provided in this section i.n substantially the. following form.: NOTICE Date Te -- Address: Property: As-ewner ofreeerd-ei-oeeupant-ef=-the-above-dose ed--preperty located-in4ndian-Rives- County lei4da, yeu-aye-l} ei-eb5LMeti€ied-that -nuisance-exist per such-preperty; contrary to Section of the Code of Laws and Ordi County. The details of the violation are as follows: [L-ist-Details:} YOU ARE HEREBY -ORDERED to abate-the--iii-iiisanee--within thirty (30) pon 1. r1ode-Inspector shall. notify th.c Board of County Commissioners of Indian River County, and the Board will take steps to abate the above stated nuisanee-anal-the costahereof-will-l&-levied-as an -assessment agart e Yeti -are -f wthei-netified-that-if-yetiFwish•te-eontest-the4 ede-Enfereeii en#-Offieer of County Commissioners within. fifteen (1 S) days from the date of this notice. 4 ORDINANCE NO. 2008-003 (c) Selection. of a remedy under this section shall preclude the later application of any oth medy- dee4:his fleet4en on the same viol*tiers-but-s.l li-not previ nt the later diseever�-involving application of other available remedies --if violations are the same property. (2) If the property owner or someone on his behalf has not abated the nuisance within thirty (30) days from -the date of receipt off -notice, the-eounty administrator shfallhave the servants, agents or contractors to enter upon the property and take whatever action is {-Ord. Nor -90 16, § 1, 9-X1-90) Section 973.05. Public hearing on nuisance. Reserved. { 1) A property owner may request a public hearing to contest the code enforcement efibiter s-dete nat:iof thn a a-risanee-ex-ist-h-y--wr-it ng -to -tile -Elea -k -of the -board -of.' county commissioners within fifteen (15) -days -of -the date--of-reeeipt-ofntice as provided 1. not:if3 hearing date. (2) At a-public-hea-ring-,-tlhe-ownerowners, occupant -or representative of th ilei; (a)- Why4lie-eendition of such -let -or -pawl -doe riot create a. public nuisance; or (b) Why -tire est - tlie-abatement of such nuisance sh uld no, b (c) Why the cost of the abatement of such nuisa lots, parcel or tract or land. (3) At the conclusion of oac-h-hearingth-beard Shall -dote ne ther a nuisance e*n n-ai drif se he -beam -shall, by-resolnt:ion; declare -the -nature of--the-rnulsanee describing the lot, parcel or tract of land involved, determine -the name -of the owner of such land, and shall. serve a copy of said resolution. on the -owner -by registered mail, rete-r-eeeipt--requested.- -lie-ewner-shall-have-ten-(10)-days from the date of=stx;h resolution--te-ceneet-the eonditi e-an£f-s& tion-descnbed--in suchlesolutiork-in4heevent. ineluding-labor, et uipment ia7 a�'Z�;��1 eeefd ng-and-administratis e costs? together with costs of- feree1esure-or--col tion;-ineluding-atterney's-fees, shall be taxed4e-tile-owner lives -of the county shall have the right to go upon the land described in such resolution at all reasonable times4o abate -the n izTrsanee-and. to-teemed..y-t-he condition or situation found -to exist. (1) If after hearing, the -board determines a nuisan violation does not exist, or has been abated prior tea -hearing, then such notice of ioltation as- eHled--upon-the owner-or-oeeupant-shrill.-be.considered-iia-ll-end voidand-ol ioef#sect; and-no-aetion-sha1i-be-taken-ley..-tare teunty.: --.Notice--of-sueh-deteFniination-s1n1-1 -be-sent-to the owner or th.c occupant of such parcel of land by mail. (Ord. No. 90 16, § 1, 9 11 90) 5 ORDINANCE NO. 2008-003 Section 973.06. Assessment for abatement of nuisance. _(1) After abat a ssess such costs against such lot, y-the-c-eunty, the -cost there: ' : - - :. - .s to eaeh ement of-nuisance b a ssess such costs against such lot, parcel or tract of land. Such. reJelutien . b ::aft�iling e-+atc of twelve-412)-pereent-anxum en any unpaid -portion thereof. (1) If the county abates a nuisance as defined in Section 973.03, the cost thereof to the county as to each. lot, parcel. or tract of land shall be calculated and reported to the Code Enforcement Board. Thereupon, the Code Enforcement Board, shall issue an order to assess such costs against such lot parcel tract of land, common space, open space, recreation tract, or landscape buffer. Suchorder shall. describe the land and state the cost of abatement, which. shall include an administrative cost of two -hundred and fifty dollars ($250.00) per abatement Such assessment shall he a legal valid and binding obligation upon the prrert:y against which made until paid. The assessment shall be due and payable forty-five (45) days after the mailing of notice of assessment after which interest shall accrue at the rate prescribed on any unpaid portion. thereof. (2) The clerk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the following form: NOTICE Date: To • Address: Property: As the record owner of the property above described you are hereby advised that Indian River County, Florida did on the day of 2049 , order the abatement of a certain nuisance existing on the above property, sending you notice thereof such nuisance being: [Describe Nuisance Briefly] A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Indian River County at a cost of $ . Such cost by red -elution al4he Bo of Cet;li' 3mmmmi-s i.eners by order of the Code Enforcement Board of Indian River County, Florida has been assessed against the above property on , 1920 , and shall become a lien on the property }".forty-five (3045) days after such assessment. You may request a hearing before the Code Enforcement Board Board of-C—eunty-Qernmissionei-s-to show cause, if any, why the expenses_and charges incurred by the County under this ordinance are excessive or unwarranted or why such expenses should not be charged against the property. Said request for hearing shall be made to the Clerk of the Beard of County 6 b ::aft�iling of notice of asseament -which interest and-payahl after e-+atc of twelve-412)-pereent-anxum en any unpaid -portion thereof. (1) If the county abates a nuisance as defined in Section 973.03, the cost thereof to the county as to each. lot, parcel. or tract of land shall be calculated and reported to the Code Enforcement Board. Thereupon, the Code Enforcement Board, shall issue an order to assess such costs against such lot parcel tract of land, common space, open space, recreation tract, or landscape buffer. Suchorder shall. describe the land and state the cost of abatement, which. shall include an administrative cost of two -hundred and fifty dollars ($250.00) per abatement Such assessment shall he a legal valid and binding obligation upon the prrert:y against which made until paid. The assessment shall be due and payable forty-five (45) days after the mailing of notice of assessment after which interest shall accrue at the rate prescribed on any unpaid portion. thereof. (2) The clerk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the following form: NOTICE Date: To • Address: Property: As the record owner of the property above described you are hereby advised that Indian River County, Florida did on the day of 2049 , order the abatement of a certain nuisance existing on the above property, sending you notice thereof such nuisance being: [Describe Nuisance Briefly] A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Indian River County at a cost of $ . Such cost by red -elution al4he Bo of Cet;li' 3mmmmi-s i.eners by order of the Code Enforcement Board of Indian River County, Florida has been assessed against the above property on , 1920 , and shall become a lien on the property }".forty-five (3045) days after such assessment. You may request a hearing before the Code Enforcement Board Board of-C—eunty-Qernmissionei-s-to show cause, if any, why the expenses_and charges incurred by the County under this ordinance are excessive or unwarranted or why such expenses should not be charged against the property. Said request for hearing shall be made to the Clerk of the Beard of County 6 ORDINANCE NO. 2008-003 Corn:m:issionersCode Enfbrcement Board in writing within thirty (30) days from the date of the assessment. (3) If the owner fails to pay assessed costs within ti ir-tyforty-five-(3045) days, a certified copy of the assessment shall be recorded in the official record books of the county. The assessment shall constitute a lien against the property eeequalwith the lienof all state, . . property. nothing contained section shall construed to or mer shall -have a 17 • t. t -have-a-heai4n . to the board 0 - {are w-eause;-Lf - • a -• . •I. . : . . .. : : : .I. -. •. , No assessment hen will be recorded if a h.earing on. \khether the assessment is fair, reasonable and warranted is timely requested. (4) If the Code Enforcement Boarddetermines after hearing that the assessment is fair, reasonable, and warranted, a certified copy of the assessment order shall be recorded. If the board determines that the charges are excessive or unwarranted, It shall direct the county administrator to recompute the charges and the board shall hold a further hearing after notice to the owner upon the recomputed. charges. (54) In an action to foreclose liens, it shall be lawful to join one or more lots, parcels, or tracts of land, by whomever owned, if assessed under the provisions of this chapter. The property subject to lien may be redeemed at any time prior to sale by the owner by paying a total amount due including interest, court costs and other costs incident to the action. (65) Upon payment of lien, the county attorney or his designee shall, by appropriate means, evidence satisfaction and cancellation of such lien. (Ord. No. 90-16, § 1, 9-11-90) Seetion 9 -73707 -Reserved. Section 973.08. Right to hearing on assessment. (1) Prior to the expiration of the thirty (30) days providedin section 973.01(2) of this ` property. nothing contained section shall construed to or mer shall -have a 17 IV. t. t -have-a-heai4n the beafd-iiia-sh to the board - ade clerk of the within ?-•be {are w-eause;-Lf any, why the expenses and -charges inc-urred-hy-#:he county undel4is chaptei--are However, in this be disturb property. nothing contained section shall construed to or permit a revie =the -determination by the a:rd-c f the existence of -a -public nuisance under4his chapter: • ,. -and -an ; IV. to the board - ade clerk of the within thirty -00) days alter the-teselatisn-ef-assessment desc ibed4-n-section 973:06 -and -an application der hearing, properly -filed, shall stray the -recording ofthe assessment: untiha •e board. warrantedrtlae-assessment reselut n-shall-be-reeerded. If theheard-detefr iiiefr4at the c -h inges-aie-excessive-or--uriwan-aritedT4-ttl a:ll-direct -the-county-adrini-stfa4er-te recom.pute the charges and the board hold further hearing shall a after notice to the owner upon the recomputed charges. ( 44 Nom --9-46; §--1.; 9-14--90) ORDINANCE NO. 2008-003 •Sect.ien-973:09:-Serving 3l=neticc The requirement of -serving ef-nehee+inder the provisiens-canis chapter-sha}l lmet-by }: : - •.: . : A. . d served property appraiser of such when be -placed in. a con.sp dwelling o served -upon -the occupant m the-nrarneepre 4ded' rein, (Ord. Ne: -90-1-€, §-4, 9 11 90) SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect on �^''AaNyv.pQRY , ° a5 2.00"5. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8th day of January , 2008. ORDINANCE NO. 2008-003 This ordinance was advertised in the Press -Journal on the 24th day of December 2007, for a public hearing to be held on the 8th day of January 1 2008, at which time it was moved for adoption by Commissioner Gary C. Wheeler , seconded by Commissioner Joseph E Flesher, and adopted by the following vote: Chairman Sandra L Bowden Vice Chairman Wesley S. Davis Commissioner Joseph E Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan BOARD OF OF INDIA BY: Aye Aye Aye Aye Aye ISSIONERS ATTEST BY. Jeffrey K: Barton, .Clerk This ordinance was filed with the Department of State on the following date: CANuARy h21108 , and is to take effect on TAN vARy tZ, ZOO f APPROVED AS TO FORM AND LEGAL SUFFICIENCY cc,, William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robe . Keating, AICP; Com unity Devel • •ment Director