0759 Code EnforcementORDINANCE NO. 759
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
AMENDING ORDINANCE NO. 611, AS AMENDED, HEALTH AND
BEAUTIFICATION; CODE OF ORDINANCES SECTION 8 -10
THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE
NUISANCE; REQUIRING LANDOWNER COMPLIANCE AND
REMEDIES FOR FAILURE TO COMPLY; CREATING SPECIAL
ASSESSMENTS; PROVIDING FOR RECORDING AND
ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida is charged with the responsibility to require
landowners to maintain real property in an orderly manner to promote the aesthetic
appeal of such property, and to prevent the existence of nuisances which affect the
health and welfare of others within the City;
WHEREAS, it has been shown that often such nuisances exist on real property owned by
persons not residing in the area and are not available to correct the problems, or exist
on real property owned by persons who do not diligently attempt to abate the
nuisance;
WHEREAS, it is the best interests of the City of Okeechobee that when a nuisance exists that
prompt and expeditious means are available to the City to clean or abate the nuisance
for the welfare of its citizens;
NOW, THEREFORE, it is enacted by the City Council, City of Okeechobee, Florida, the
following amendment to the Code of Ordinances, Article I. In General. Section 8 -10.
Public nuisances, with paragraphs (a -c) not affected by this amendment:
ARTICLE I. IN GENERAL.
Section. 8 -10. Public nuisances.
(d) If the owner, agent or person in custody of any property upon which such
nuisance should exist, fail, neglect or refuse to comply with the direction of the
Code Board within the time provided, and such is verified by the Code
Enforcement Officer, and the Code Officer confirms that the person responsible
was noticed of the Board action by certified mail, the Code Officer is
empowered to authorize the property to be cleaned and the nuisance abated
by his own agents or authorized contractors. Prior to commencing such
abatement, the Code Officer shall obtain a reasonable estimate for such
abatement and present same to the City Administrator for approval. If in the
opinion of the City Administrator the cost of abatement exceeds the reasonable
value of the property or is otherwise not warranted, then enforcement of the
order of the Code Board may proceed via other available alternatives under
law. If abatement is approved, the Code Officer, his agents or contractors are
authorized to enter upon such property and take whatever remedial measures
are necessary to abate the nuisance to comply with the order of the Code
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(e)
(f)
(g)
Board, and to protect the health, welfare and safety of the citizens of the City
of Okeechobee. Notwithstanding this procedure, in the event the City
Administrator should determine that the nuisance is in the nature on emergency
or of such an immediate danger or risk to the public as to imminently affect the
public health, safety or welfare of the general public, then the City may enter
upon such property at any time to take whatever remedial action as is deemed
reasonable and necessary to abate the nuisance to assure the public health and
safety. In such instance, the City shall attempt all reasonable means to give the
landowner, agent or person in custody of the property advance notice of the
proposed actions of the City, although failure to achieve actual notice shall not
prevent such abatement.
All costs incurred hereunder for the abatement of the nuisance, including
administrative code enforcement expenses; labor, equipment and material
expenses; and any costs reasonably related to the abatement shall be the
responsibility of the landowner. The total costs as calculated by the Code
Enforcement Officer shall be included in a resolution presented to the City
Council, who shall levy a special assessment lien against such lot. Such
resolution shall describe the landowner, parcel number, legal description of
parcel or lot, and provide the total cost assessed. Until payment is made in full,
such assessment shall be a legal valid and binding obligation and lien upon the
property. The assessment shall become due and payable to the City as of the
date of mailing a copy of the resolution by certified mail by the Code
Enforcement Officer. Thirty (30) days after mailing, interest shall commence to
accrue on the assessment at the rate of 12 percent per annum on any unpaid
portion thereof.
As soon as possible after the assessment has been levied, a certified copy of the
resolution shall be recorded in the official records of the Clerk of Court,
Okeechobee County, Florida. The lien shall become effective as of the date of
filing such copy with the clerk of the circuit court.
The property lien created under the provisions of this Article, together with
interest thereon, may be enforced by civil action, including foreclosure in the
appropriate court in the County. The liens created by this Article shall be a first
lien equal in dignity and priority to a lien for nonpayment of property taxes, on
any property against which an assessment of costs to abate the nuisance has
been filed, and shall continue in full force from the date of recording until
discharged by satisfaction or foreclosure.
(h) Notwithstanding the procedures available to the City by this Article, the City
retains the right and ability to proceed against the lot or parcel for abatement
of nuisance by Chapter 60, Florida Statutes, or any other applicable provision
of Florida Laws.
CONFLICTS. Should any provision herein be deemed unenforceable or invalid for any
reason, the remaining unaffected portions thereof shall remain in full force and effect.
SEVERABILITY. If any provision or portion of this ordinance is declared by any court
of competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force and effect.
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ATTEST:
ATTEST:
EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage.
INTRODUCED on first reading and set for public hearing this 19t day of September 2000.
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Bonnie S. Thomas, CMC, City Clerk
PASSED on second and final reading this 3r day of October 2000.
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. kirk, Mayor
James E. Kirk, Mayor