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Home My WebLink AboutO-2000-049 ORDINANCE NO. 2000-049 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 13, ENTITLED "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES ON THE CITY, BY REPLACING THE TERM "HEALTH OFFICER" WITH "CODE OFFICER" (SECTION 13- 22); REPLACING THE TERM "CITY MANAGER" WITH THE TERM "CODE OFFICER" (SECTION 13-23); ADDING A SUBSECTION TO ALLOW THE CITY TO RECORD A NOTICE OF LIEN AND PROVIDE FOR THE PRIORITY OF SUCH LIENS (SECTION 13-32); ADDING A SUBSECTION TO SECTION 13-32 TO AUTHORIZE THE CITY TO FORECLOSE UPON PUBLIC WORDS LIENS PLACED UPON PROPERTY FOR VIOLATIONS OF CHAPTER 13; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city commission of the City of Dania Beach, Florida desires to provide its code officers with the authority and power to determine and ascertain what shall constitute a sanitary nuisance that is detrimental to the public health; and WHEREAS, the city commission of the City of Dania Beach, Florida desires to authorize and empower its code officers to inspect property within the city and, if a public nuisance or other unsanitary condition is discovered, to notify the owner(s) of the property and request that the premises be placed in good condition; and WHEREAS, it is in the public's interest to allow the city to record a notice of lien in the public records of Broward County, Florida and to provide the city with authority to foreclose on its public works liens; and OrdHealth and Sanitation-Ch13 Amendments.doc 2000-049 Page 1 of 6 12/5/00 draft WHEREAS, additional changes are necessary to reflect the city's name change from • "Dania"to "Dania Beach"; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Dania Beach, Florida: Section 1., That Chapter 13, Article I of the Code of Ordinances if the City of Dania Beach is amended to read as follows: Sec. 13-1. Adoption of State Sa-nitaj-y Public Health Code. The c' Public Health Code of the State of Florida is hereby adopted as the Samay Health Code.of the City of Dania Beach, Florida. Section 2. That Chapter 13, Article I1 of the Code of Ordinance of the City of Dania Beach is amended to read as follows: Sec. 13-22. Health Code officer may determine. The heath code officer shall have full power to determine and ascertain what shall constitute a sanitary nuisance detrimental to the public health. Sec. 13-23. Vi pl remises declared nuisances. OrdHealth and Sanitation-Ch13 Amendments.doc 2000-049 Page 2 of 6 12/5/00 draft Any premises within the city «zhi^h shall 1,A maintained by the owner without complying with the provisions of this articley are declared to be public nuisances;_ ilt shall be the duty of the code officer to inspect the pr@mises- property within the city, and whenever, in his such officer's discretion, he or she shall find or locate premises, the owners of which are not complying with the provisions of this article, he, such officer shall notify the owner to promptly place the premises in good condition, and to comply with the terms her-p-Af of this article. Sec. 13-24. Abatement. Whenever any owner of property within the city shall be notified by the G;ty manager code officer to place his premises in good and safe condition under the terms and provisions of • this article, and such owner shall fail to do so within ten (10) days after receipt of such notice, the officer shall dirept contact the designated authorities or contractors of the city to go upon the premises and place the same in good, safe condition, and to charge the cost thereof to the owner of the property, and the cost of placing the premises in good condition is hereby declared to be a lien upon the property onfinrnAalb1P by the, same, mAthnrl and Mannar ac thv anf�rnamant „f tag liana and'it shall remain a lien, co-equal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid in full. Sec. 13-32. Responsibility of owners to maintain vacant property. • Ord Health and San itation-Ch13 Amend ments.doc 2000-049 Page 3 of 6 12/5/00 draft (a) It is the duty and responsibility fef of all owners of property within the city to • keep their vacant property, whether platted lots or acreage, clean, mowed and in otherwise safe condition. No owner of property within the city shall permit grass and/e , weeds or both to grow upon such property to the height of eight M inches or more, and shall keep such property free of rubbish, branches of trees or.shrubbery, wood or other materials that may endanger public health, safety or welfare. (b) Owners of such vacant property with grass and weeds exceeding eight (8) inches or with rubbish, branches of trees or shrubbery, wood or other materials, will be notified by certified mail that the lot must be cleared and/oZ mowed or both within ten (10) working days of the postm sending of the notice. In the event the owner fails or refuses to mow der, clear or both the vacant property as legally described in such notice within ten (10) working days, the ® city manager or the director of public works shall cause the empty lot to be mowed Herz cleared or both and charge the cost of same ther to the owner. (c) The charge by the city to the property owner shall be one hundred dollars ($100.00) for lots that contain five thousand (5,000) square feet or less. Lots containing more than five thousand (5,000) square feet shall be computed at the rate of$.025 per square foot of the property mowed and twenty dollars ($20.00) per cubic yard of the rubbish and other debris that is removed from the property by the city plus a twenty-five dollar service fee for the first offense and a fifty dollar ($50.00) service fee for a4l each additional offenses. Ord Health and San itation-Ch13 Amendments.doc 2000-049 Page 4 of 6 12/5/00 draft (d) The total cost to the city including the service fee shall become due and payable ® by the property owner to the City of Dania Beach ten (10) days from date of statement from city to property owner, and any statement remaining unpaid after said due date shall constitute a lien upon the property which shall accrue interest at the rate of twelve (12) percent per annum from ten (10) days after the date of said statement to the date of payment. (e) The city manager or the director of the public works department may cause a Notice of Lien to be recorded in the same manner as other liens are recorded, and such lien shall remain a lien, co-equal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid in full. (f) Recording of any such lien in the Public Records of Broward County, Florida • shall be constructive notice of the lien, and the lien may be foreclosed in the manner provided by law for municipal tax or special assessment liens or as a mortgage or in any other manner as provided by law. In any action brought by the city for payment of the liens assessed herein, the property owner shall be responsible for and the lien,shall secure payment of all costs of foreclosure, including reasonable attorney fees incurred by the city. Section 3. That except as amended above, all other provisions of Chapter 13, Health and Sanitation, of the Code of Ordinances of the City of Dania Beach, Florida, as previously amended, shall remain in full force and effect. Section 4: That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. i OrdHealth and Sanitation-Ch13 Amendments.doc 2000-049 Page 5 of 6 12/5/00 draft Section 5. That if any section, clause, sentence or phrase of this ordinance is for any rreason 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 6. This ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on November 14, 2000. PASSED AND ADOPTED on second reading on November 28, 2000. M VOR'—COMM/ ISSIONER ATTEST: ROLL CALL: MAYOR MCELYEA- YES VICE-MAYOR BERTINO- YES COMISSIONER CALI- Out of Room SHERYL HAPMA COMMISIONER ETLING- YES ACTING CITY CLERK COMMISSIONER MIKES- YES APPROVED AS TOE��: M AND CORRECTNESS: BY: THOMAS YANSBRO CITY ATTORNEY Ord 2000-049 Health and Sanitation-Ch13 Amendments.doc 2000-049 Page 6 of 6 12/1 1/00 draft SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA -- ------NOTICE-oF-HEnHtnu BEFORE CITY COMMISSION 'CITY OF DANIA BEACH FLORIDA, REGARDING . DOPTION OF THE FOLLbWING PROPOSED ORD,I- NANCES:STATE OF FLORIDA NOTICE"IS HEREBY GIVEN that.the'City Commissionof the.City of Dania,Beach Florida, on November 28, COUNTY OF BROWARD/P M BEACH/MIAMI DADE 2000 at 7: , 30 PM or'as soon ttiereafter as the matter may 6e heard,will conduct a public hearin in the City BEFORE U ED AUTHORITY, PERSONALLY APPEARED Commission room of the Dania Beach City Hall,,,n West Dania Beach Boulevard Dania,Beach, Florida to I consider the proposed adoption of,the following Ordi- WHO, ON OATH, SAYS THAT nances entitled: HE E I ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED THE-CITY OF DANIA BEF. ACH, FL'ORI CITY DAMAMENDI G ARTICLE VI.OF CHAPTER 20'OF,THE:CI`rY CODE OF D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED ORDINANCES,. WHICH 'ARTICLE IS ENTITLED' VEHICLES USED TO FACILITATE CERTAIN CRIMES"- BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT WHOICH ING FOR AN ARE INCREASE ISSUED INTHE AND E S WITH VEIN ATTACHED COPY OF ADVERTISEMENT, BEING A: IN CONNECTION WITH THE 'IMPOUNDMENT PRO- CESS; PROVIDING FOR CLARIFICATION OF THE PROVIDING FOROF IN VARIODUS'CLARIFICATIONS- PRO- V IDING VIDING FOR CONFLICTS;PROVIDING A SEVERANCE CLAUSE;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. IN THE MATTER OF: AN"'ORDINANCEOF THE CITY9OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 13, ENTITLED TNYIB 'OF DTORNANCES ALTH ON CITYREPLACNGHE TERM Chapter 20 22) EL ERTR ((SECTION RP REPLACING THE TMCIYMANAG WITH tHE TERM "CODE OFFICER"(SECTION 12-23) IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE ADDING'A SUBSECTION TO ALLOW THE CITY TO PRIORITYRD OF.SUCH LIENS(SECTIONIEN AND 013I332 ADDING ISSUES OF: A SUBSECTION TO SECTION 13,32 TO AUTHORIZE THE CITY TO FORECLOSE UPON PUBLIC WORKS L.1- ENS,PLACED UPON'PROPERTY FOR VIOLATIONS OF 11/17,1 10127478 CHAPTER.13-PROVIDING FOR CONFLICTS-PROVID- ING FOR,SEt1ERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE:; AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSP the office-oftAdmiproposedi r 'ServiceseCty Hallfi11100 West Dania Beach Boulevard, Dania Beach, Florida PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLC and ;may be inspected,by the public'during normal AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOI working hours.., Interested parties may appear the aforesaid meet- ing PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLGeand be heard wit appeal to the proposed. Any person whodecides to appeal anydecision made by the EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT T City Commission with respect to any.matter considered) at his hearing will need a record of the proceedings' POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLOI and,for such purpose may,need to,ensure that a verba- tim record of the proceedings is made,;which,record in- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATIE crudes the testimony and evidence upon which'the ap- peal is to be based. . ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS I In accordance with the Arne Irican with Disabilities Act,persons need ing:assistance to participate in any of HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR the proceedings,should contact Sheryl Chapman Act- CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, F ing City Clerk,100 West Dania Beach Boulevard,bania Beach,.Florida 33004,(954)9244630 at least 48 hours PURPOSE F SE THIS ADVERTISEMENT FOR PUBLICATION IN /prior to the meeting. /s/Charlene Johnson NEWSP Deputy City Clerk November 17,2000 {? r. r( A E OF AFFIANT) _ WORN TO AND SUBSCRIBED BEFORE ME ON: 17-November-2000 , A.D. (SIGNATURE OF NOTARY PUBLIC) i ara L.Sezak MY COMMISSION N C0638935 EXPIRES a July 20,2001 BONDED THRU TROY FAIN INSURANCE,INC. (NAME OF NOTARY,TYPED, PRINTED OR STAMPED) PERSONALLY KNOWN � OR PRODUCED IDENTIFICATION