Loading...
HomeMy WebLinkAboutO-1956-362 ORDINANCE NO. ' AN ORDINANCE PRESCRIBING A PROCEDURE FOR DECLAR- ING THAT CERTAIN LANDS IN THE CITY OF DANIA ARE SO LOW IN LEVEL IN RELATION TO ADJACENT PROPERTY AS TO RESULT IN RAIN WATERS BEING COLLECTED AND HELD AND THEREBY PREVENTING NATURAL DRAINAGE; AND DECLARING THAT SAID CONDITIONS ARE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; AND PRO- VIDING FOR THE MANNER IN WHICH THE CITY MANAGER AND CITY ENGINEER SHALL NOTIFY THE CITY COMMISSION OF THE EXISTENCE OF THE AFORESAID CONDITIONS ON ANY LANDS WITHIN THE CITY OF DANIA; AND PROVIDING THAT THE CITY COMMISSION WILL CONSIDER SAID REPORT AND DECLARE THAT SAID CONDITIONS CONSTITUTE A PUBLIC NUISANCE; AND PRO- VIDING THAT THE CITY CLERK WILL GIVE SIXTY DAYS' NOTICE TO THE OWNERS OF ANY LANDS CONTAINING THE AFORESAID CONDITIONS TO CORRECT SAID CONDITIONS; AND PROVIDING THAT THE CITY COMMISSION MAY CORRECT SAID CONDITIONS IF THE OWNERS DO NOT CORRECT THE CONDITIONS WITIIHV SIXTY DAYS; AND DECLARING THAT THE COSTS OF THE CITY OF DANIA IN CORRECTING SAID CONDITIONS SHALL BE ASSESSED AGAINST SAID OWNERS BY SPECIAL ASSESSMENT. WHEREAS, the City Manager of the City of Dania, Florida, has re- ported to the City Commission of the City of Dania, Florida, that he has deter- mined from time to time that there are certain lots, lands and parcels situ- ated within the corporate limits of the City of Dania, Florida, which are so low in level and depressed in relation to adjacent property and the grade of the public streets as to make impossible natural drainage, and that such low lands and/or depressions result in rain waters being held and accumulated for un- reasonable lengths of time so as to form pools of stagnant water which render the ground soft and soggy, thereby creating aswamp-like condition within the i corporate limits of the City of Dania which are inimical, detrimental and dangerous to the health, safety and welfare of the public; and WHEREAS, it has been determined from public health officers that the aforesaid conditions of said lands constitute and create a serious menace to the health and welfare of the residents and visitors of the City of Dania; and -i- i f I WHEREAS, the City Commission of the City of Dania has examined and inspected many of the parcels of lands to which the City Manager has directed its attention and has determined that the condition thereof consti- tutes a breeding place for mosquitos, and that many of said lands are so low in level and/or contain such depressions as to provide a sanctuary for mosquito larvae, rodents, crabs, and other forms of health-menacing life, and as a consequence do give rise to various and sundry noxious odors,all i dangerous and detrimental to the health, safety, welfare and comfort of the public; and WHEREAS, the condition of many of said parcels of land is unsightly and unseemly and constitutes a public nuisance detracting from the beauty and appearance of the City, thus affecting the economic welfare of the people and particularly the owners of properties adjoining said lands, by reducing the value thereof; and WHEREAS, the City Commission of the City of Dania deems it ad- visable and in the best interests of the City of Dania to declare a procedure whereby said lands, parcels and tracts may be declared to be a public I nuisance and to be a manace to the health, safety and welfare of the public, and to provide a procedure whereby the City Commission of the City of Dania may insure that said lands will be filled to the grade of the public street adjoining; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA FLORIDA: Section 1. That the City Manager and City Engineer shall from time to time inspect all lands, parcels and tracts within the corporate limits ' of the City of Dania, Florida, and shall from time to time furnish the City Commission of the City of Dania with a list of properties which have a level so low as to constitute a nuisance in the opinion of said City Manager and i City Engineer. i 1 I I 1 Section 2. That at the next meeting of the City Commission after i the City Commission is furnished with a list of lands low in level under the provisions of Section 1 herein, the City Commission shall consider the properties itemized on said list and shall determine if said properties or any of them are so low in level as to constitute an unsanitary depres- sion, thus creating conditions which are menacing and threatening to the health, safety, comfort and welfare of the public by being offensive to the senses and noxious to the comfort of the people or by affording a hiding and breeding place for mosquitos, snakes, and other rodents. Section 3. That if the City Commission finds that any of the lands described in the list furnished to the Commission by the City Manager and City Engineer are so low in level as to constitute an unsanitary depres- sion, the City Commission shall direct the City Clerk to mail a notice to the owners of said lands requiring the owners of said lands to fill in their respective lands to the grade of the respective street or streets adjoining. Said owners shall have sixty (60) days from the date of mailing said notice to fill their lands as aforesaid. ° Section 4. That in the event the aforesaid owners to whom notice is i i mailed do not cause their respective properties to be filled to the grade of the public streets adjoining, the City of Dania will cause said work to { be done and the cost thereof will be assessed against the respective lots, i I lands, or parcels of lands in the same manner and to the same extent as is provided by the charter of the City of Dania, Florida, for special assessment. Section 5. That the aforesaid notice which the City Clerk shall i mail shall be mailed by certified mail, return receipt requested, and 1 shall notify the owners, agents or persons in possession of the respective properties, to fill in the same to the grade of the public streets adjoining Ii i within sixty (60) days of the date of the mailing of said notice, and further i that if said fill-in be not done within sixty (60) days as herein set forth, the City of Dania will do such work and the cost thereof will be assessed against the respective owners of the said lots, parcels and tracts of land in like manner as is provided by the charter of the City of Dania, Florida, for special assessments. Section 6. That in addition to said notice, the City Clerk shall mail to the owners a copy of this ordinance. Section 7. All ordinances or resolutions, or parts of ordinances or resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 8. This ordinance is an emergency ordinance and shall take effect immediately upon its passage and adoption. j PASSED AND ADOPTED this a-Ad day of h, A.D. 1956. i ' 1 Mayor - Commissioner Attest; ity Clerk - Auditor i I 1 i -4- f I I i. J