0723 Public NuisanceAN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
CHAPTER 8, CODE OF ORDINANCES, BY RESCINDING SECTION 8 -10
THEREOF; DEFINING PUBLIC NUISANCE; PROVIDING FOR ABATEMENT OF
NUISANCE; PROVIDING FOR INJUNCTIVE AND EQUITABLE RELIEF;
ASSESSING FEES AND COSTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Okeechobee desires to exercise its municipal powers to establish a
uniform method for defining, abating and assessing costs for removal of nuisances within
the City;
WHEREAS the procedures herein are designed to supplement the remedies available to the City
by the provisions of Florida Statutes Chapter 162;
WHEREAS the City Council recognizes the existence of nuisances that occur from time to time
throughout the City of Okeechobee, and the difficulty of enforcement and abatement of
such nuisances, and it is in the best interests of the City of Okeechobee and its residents
to define and eliminate nuisances that may affect the public health and safety;
THEREFORE, the provisions of Chapter 8, section 8 -10 are rescinded, and is replaced by the
following:
Sec. 8 -10. Public Nuisances.
ORDINANCE NO. 723
a. A public nuisance is defined as the existence of excessive accumulation of litter or
untended vegetation, garbage, weeds, or other dead or living plant life; or places
holding stagnant water, and all other objectionable, unsightly or unsanitary matter
upon any lot, track of land within the City, whether uncovered or under shelter, to
the extent and in the manner that such lot or parcel of land is, or may be,
reasonably become infested or inhabited by rodents, vermin or wild animals, or may
furnish a breeding place for mosquitoes, or threatens or endangers the public
health, safety or welfare, including such condition causing or tending to cause
disease, or by reason of such a condition, tends to impair the economic welfare of
adjacent property; including abandoned or junk property as defined by this code;
unsightly, derelict or unsafe building or structure which may constitute a hazard to
safety, health, welfare or sense of public aesthetics by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment.
b. All nuisances are declared to be a public nuisance and illegal within the municipal
boundaries of the City of Okeechobee, and shall be removed, corrected or
otherwise satisfied at the direction of the City as hereafter provided.
c. Any nuisance, except such nuisance as would be determined to be an emergency,
existing within the City of Okeechobee shall be brought before the Code Board of
the City as provided in F.S. Chapter 162. Upon determination by the board that a
nuisance does in fact exist, the landowner or custodian thereof shall take whatever
corrective measures as directed by the Board, within the time period provided by
the board. The remedies available to the Code Enforcement Board, in addition to
those set forth in Chapter 162, Florida Statutes, shall include the authority to
authorize clean up or repair of the property to come into compliance; to recommend
suspension or revocation of an occupational license until the property comes into
compliance; and such further remedies as provided by law. If the Code Officer has
reason to believe a violation or the condition causing the nuisance presents a
serious threat to the public health, safety or welfare, or is irreparable or irreversible
in nature, he shall make a reasonable effort to notify the violator, and may
immediately notify the code board and request a hearing.
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
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within the time provided, the City shall be authorized to obtain equitable or legal
relief from any court of competent jurisdiction to abate the public nuisance through
demolition, correction, or clearing or cleaning of the subject property, or such other
appropriate remedial measure. Notwithstanding such procedure, in the event the
City should, through action of the City Administrator, determine that the nuisance
is in the nature of an 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 lot or parcel to take whatever remedial
action as is deemed reasonable and necessary to abate the nuisance to assure the
public safety. In such instance, the City shall attempt all reasonable means to give
the landowner, agent or person in custody of the lot or parcel advance notice of the
action of the City.
e. All costs incurred hereunder for attorneys fees, court costs, expert witness fees;
labor or equipment used or employed in abatement of a nuisance shall be charged
to the landowner of the lot or parcel involved, and if not paid within 30 days of
mailing an invoice, shall become a lien on the real property, and shall bear interest
at the rate of 12% per annum from the date when the same becomes due and
payable.
f. Any lien hereunder shall be recorded with the Clerk of Court, and a copy thereof
forwarded to the landowner. The lien shall become effective as of the date of
recording, and enforced as provided by the procedures of Chapter 162, Florida
Statutes. The lien shall remain effective until satisfied, or through the enforcement
procedures of Chapter 162.
Any affected landowner shall have a right to appeal a decision of the Code Board
through the procedures of F.S. 162.11.
g.
Introduced for first reading and set for final public hearing this 3` day of November. 1998.
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CD 7
BONNIE HOMAS, CMC, CITY CLERK
Passed and adopted on second reading and final public hearing this day of November,
BONNIE THOMAS, CITY CLERK
APPROVE FOR LEGAL SUFFICIENCY:
C&L
JOHN R. COOK, CITY ATTORNEY
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JAMES E. KIRK, MAYOR
ES` E. KIRK, MAYOR