HomeMy WebLinkAboutO-2005-018 Vacant lot chargesORDINANCE NO. 2005-018
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING CHAPTER 13, "HEALTH AND SANITATION", ARTICLE 11,
"SANITARY NUISANCES", DIVISION 1, "GENERALLY", SECTION 13-32,
CURRENTLY ENTITLED "RESPONSIBILITY OF OWNERS TO MAINTAIN
VACANT PROPERTY", TO CLARIFY THE RESPONSIBILITY OF OWNERS
TO MAINTAIN BOTH IMPROVED AND VACANT PROPERTY AND TO
REVISE THE CHARGES IMPOSED BY THE CITY FOR CLEARING OF
IMPROVED PROPERTY AND VACANT LOTS WHEN PROPERTY
OWNERS FAIL TO DO SO VOLUNTARILY; 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 11, "Sanitary Nuisances",
Division 1, "Generally", Section 13-32, is amended to read as follows:
0 See. 13-32. "Responsibility of owners to maintain vacant and improved property.
(a) It is the duty and responsibility of all owners of property within the city to keep
their vacant property, whether platted lots or acreage, and vacant or abandoned propert
with any improvements, such as aa building or structure, clean, mowed and in otherwise
safe condition. No owner of such property within the city shall permit grass, weeds or
both to grow upon M such property to the height of eight (8) inches or more, and each
owner shall keep such property free of rubbish, branches of trees or shrubbery, wood e�r
and other materials that may endanger the public health, safe ty 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 of and other materials, will be notified
by certified mail that the k4 property must be cleared, mowed or both within ten (10)
working days of the date of the letter sending of the nefiee. In the event the owner fails or
refuses to mow, clear or both the vaeapA property as legally described in such notice
within ten (10) working days, the city manager or the direeter ef ptiblie A, his/her
designee shall cause the empty lot propert to be mowed, cleared or both and ehar-ge the
cost to be charged to the owner.
(c) The charge by the city to the property owner shall be one hundred dollars ($10 ".
for lots that eentain five thousand (5,000) squafe feet E)r- less. Lets e0fitaining fnefe t
five thetisand (5,000) square feet shall be eemptited at the fate of $.025 per- square feet o
the pfepefty mowed and twefAy dellar-s ($20.00) per- etibie yafd of !he rubbish and et
debfis that is femoved from the pfepef�y by the eity plus a twenty five dollar- sen4ee ' -'
fef the fifst effense and a fifty dellar- ($50.00) sef�viee fee fef eaeh additional offenses
calculated on labor and the equipment cost incurred by the city. 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 Emergenc
Management Agency (FEMA) Schedule of Equipment Rates. The cost of the disposal o
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 20% administrative fee will be
added to the above COMDutations to cover the administrative cost.
(d) The total cost to the city including the sen4ee administrative fee shall become due
and payable by the property owner to the C-city of Dania Be ten (10) days from the
date of the invoice statement from the city to the property owner, and any invoice
statement remaining unpaid after said the due date shall constitute a lien upon the
property which shall accrue interest at the rate of twelve (12) percent per annurn from ten
(10) days after the date of said -the invoice statemen to the date of payment.
(e) The city manager or the dir-eeter of the publie works department his/her designee
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 her-ein as provided in this section, 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 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.
0
2 ORDINANCE 92005-018
0 Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on June 28, 2005.
PASSED and ADOPTED on second reading on July 26, 2005.
ATTEST:
-4
LOUISE STILSON1'
CITY CLERK
0", C,,_�
ANNE CASTRO
MAYOR — COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON - ABSENT
COMMISSIONER BERTINO — YES
COMMISSIONER MCELYEA - YES
VICE -MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMA,0. 4TABIW
CITY ATTORNEY
3 ORDINANCE #2005-018
Date of Commission mee
71RVC-5-
Agenda Request Form
City of Dania Beach
Agenda Item:
7'
Description of Agenda Item: Amend Ordinance Chapter 13-32, Sanitary Nuisance
Commission action being requested:
Adopt Resolution or Ordinance R] Expenditure [] Award BID/ RFP []
Presentation E] General approval of item Continued from meeting
,0ther'(Please' ekplain):"
ummaly, exp" lanation And, background:
This amendment will address the issue on overgrown yard in vacant and abandoned property as well
as changing the fees charged by the City on lot mowing services for any properties that are cited by the
City for code violations.
'Att ched ekhibits Arid backup materials,(Flease list):
City Attorney/Finance Director Memo
Ordinance
For purchasing requests ONLY
Department: Amount:
Fund: General: M Water: Ej Sewer: E] Stormwater: 0 Grants: E] Capital: E]
Account Name: Account Number:
Submitted by.- pvarney Date:
Department Director
Admin. Services Director
Finance Director.- pvarney
City Manager.,
6/21/2005
Date:
Date:
Date: 6/21/2005
Date: 12-,
I
0
CITY OF DANIA BEACH
TO: Mayor and City Commission
Ivan Pato, City Manager
Larry Leeds, Community Development Director
Connie Falzone, Public Services Department
FROM: Tom Ansbro, City Attorney
DATE: June 16, 2005
RE: Amendments to the City Code of Ordinances Section 13-32, re Lot Mowing and
Property Maintenance
0
As discussed at the June 14, 2005 City Commission meeting, it is recommended that the
above -referenced Code Section be amended so that it applies to both vacant, empty lots and
property that has been improved but abandoned, such as a building or structure. Currently, the
law only applies to vacant lots.
In addition, the method of calculation of the City's labor and equipment costs incurred in
mowing and cleaning up such property is proposed to be revised based on actual staff time and
costs and FEMA equipment costs, rather than a specific dollar amount and per square foot charge
as is currently provided in the law.
This is ready for City Commission consideration and adoption,
TJA:slw
Attachment
0
0
F- IL
CITY OF DANIA BEACH
DEPARTMENT OF FINANCE
MEMORANDUM
TO: Ivan Pato, City Manager
FROM: Patricia Varney, Director of Finance
DATE: June 20, 2005
SUBJECT: Charges for Sanitary Nuisances
Memo: DF-05-18
Chapter 13 Article 11 of the City's code of ordinance addresses the charges for sanitary
nuisances. The fees of this ordinance were last amended in 1991. The current
ordinance indicated that should the violation is not in compliance and that City's staff
has to perform the lot clearing, the cost for lots containing five thousand square feet or
less shall pay $100, and lots containing more than 5,000 square feet shall charge at the
rate of $.025 per square foot.
Staff is recommending changing the methodology which will not only be able to justify in
court but also be able to recoup the true cost. The new methodology will be calculated
based on true labor and equipment cost. The labor cost will be calculated on the time
incurred by city's staff based on the employee's rate of pay and fringe benefits. The
equipment cost will be calculated utilized the Federal Emergency Management Agency
Schedule of Equipment Rates, and the disposal rate will be based on the charges by
the waste haulers. A 20% administrative fee will be added to the above computations
for administrative staff in Public Services and Finance in processing this violation.
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that on July 26, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard,
the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission
Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider
the proposed adoption of the following Ordinances:
ORDINANCE NO. 2005-018
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 13,
"HEALTH AND SANITATION", ARTICLE 11, "SANITARY NUISANCES", DIVISION 1,
"GENERALLY", SECTION 13-32, CURRENTLY ENTITLED "RESPONSIBILITY OF OWNERS TO
MAINTAIN VACANT PROPERTY", TO CLARIFY THE RESPONSIBILITY OF OWNERS TO
MAINTAIN BOTH IMPROVED AND VACANT PROPERTY AND TO REVISE THE CHARGES
IMPOSED BY THE CITY FOR CLEARING OF IMPROVED PROPERTY AND VACANT LOTS
WHEN PROPERTY OWNERS FAIL TO DO SO VOLUNTARILY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2005-025
AN ORDINANCE AMENDING CHAPTER 13, "HEALTH AND SANITATION", ARTICLE IV,
"GARBAGE AND TRASH", SECTION 13-74, "GARBAGE COLLECTION BY PRIVATE HAULERS,
PERMITS REQUIRED", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, TO REQUIRE EMPTY GARBAGE CARTS AND OTHER RECEPTACLES TO BE
REMOVED FROM ROAD RIGHTS -OF -WAY AND THE FRONT YARDS OF RESIDENTIAL
PROPERTY BY DUSK ON THE DAY OF GARBAGE AND TRASH PICK-UP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 2005-026
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE
CITY CODE OF ORDINANCES ENTITLED, "ANIMALS AND FOWL", SECTION 5-15, ENTITLED
"DOGS AT LARGE PROHIBITED"; TO PROHIBIT THE OUTDOOR TETHERING, TYING OR
CHAINING OF DOGS SUBJECT TO CERTAIN CONDITIONS AND TO PRESCRIBE HUMANE
TREATMENT CONDITIONS FOR DOGS IN THE OUTDOORS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any
person who decides to appeal any decision made with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of
the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, (954) 04-3622 at least 48 hours prior to the meeting.
/s/ Louise Stilson
City Clerk
Run in Sun Sentinel: July 15, 2005