HomeMy WebLinkAboutO-2016-014 Amending Chapter 13 Section 13-32 ORDINANCE NO. 2016-014
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND
SANITATION", ARTICLE II, "SANITARY NUISANCES", DIVISION 1,
"GENERALLY", SECTION 13-32, ENTITLED "RESPONSIBILITY OF
OWNERS TO MAINTAIN VACANT AND IMPROVED PROPERTY',
PERTAINING TO VACANT LOT PROPERTY MAINTENANCE
REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Chapter 13, "Health and Sanitation", Article II, "Sanitary Nuisances",
Division 1, "Generally", Section 13-32, is amended to read as follows:
Sec. 13-32. "Responsibility of owners to maintain vacant and improved property.
(b) Owners of such vacant property with grass and weeds exceeding eight (8) inches or
with rubbish, branches of trees or shrubbery, wood and other materials, will be notified
by certified mail that the property must be cleared, mowed or both within 0)
seven 7 calendar days of the date of the letter. In the event the owner fails or
refuses to mow, clear or both the property as legally described in such notice within ten
{"working seven 7 calendar days, the city manager or his/her designee shall cause the
property to be mowed, cleared or both and the cost to be charged to the owner.
(c) The charge by the city to the property owner shall be calculated on labor and the
equipment cost incurred by the city or the cost of an approved city contractor. The labor
cost will be calculated on the time incurred by city staff based on employee salaries and
fringe benefits. The equipment cost will be calculated utilizing the Federal Emergency
Management Agency (FEMA) schedule of equipment rates. The cost of the disposal of
rubbish and other debris that is removed from the property will be charged based on the
actual cost incurred by the city from the waste hauler. A twenty-percent administrative fee
will be added to the above computations to cover the administrative cost.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on July 26, 2016.
PASSED and ADOPTED on second reading on August 23, 2016.
ATTEST:
"5 FIRST
LOUISE STILSON, CMC CO A. SALVINO, SR.
CITY CLERK AYOR
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APPROVED A TO FORM AND CORRE SS:
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THO A !. A RO
CITY A TORNEY
2 ORDINANCE#2016-014