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2002-01-08 Joint Workshop CEB272 CITY OF OKEECHOBEE .JANUARY 8, 2002 CODE ENFORCEMENT/CITY COUNCIL JOINT WORKSHOP SUMMARY OF DISCUSSION AGENDA i. CALL TO ORDER - Chairperson Montesi: January 8, 2002, Code Enforcement/City Council Joint Workshop, 6:00 p.m. II. CODE ENFORCEMENT MEMBER BOARD MEMBERS, MAYOR, COUNCIL AND STAFF ATTENDANCE - Secretary. Chairperson Marsha Montesi Vice -Chairperson Mack Worley, Jr. Board Member Linda Ballinger Board Member Jamie Gamiotea Board Member Andrea Nelson Board Member Harrison O'Connor Board Member Rennae Sweda Alternate Member Lori Creech Alternate Isabel Weisser Secretary Sue Christopher Code Enforcement Officer Keith Tomey Code Enforcement Officer Bob Hillery Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea DISCUSSION Chairperson Montesi called the January 8, 2002 Joint Workshop to order at 6:00 p.m. Secretary Christopher called the roll: Present Present Present Present Present (entered chambers at 6:13 p.m.) Present Present Absent (with consent) Present Present Absent (with consent) Present Present Present Present Present Present Present Present Absent Present PAGE 1 OF 2 r] JANUARY 8, 2002 - CODE ENFORCEMENT/Cmr COUNCIL JOINT WORKSHOP - PAGE 2 OF 2 273 - AGENDADISCUSSION 111. NEW BUSINESS. A. Discuss Code Enforcement Procedures. 1V. ADJOURN WORKSHOP - Chairperson Montesi. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CODE ENFORCEMENT BOARD/CrTY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT HE/SHE MAY NEED TO INSURE THAT AVERBATIM RECORD OF THE PROCEEDING S MADE, WHICH R701NCLUDES THYESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. James EArk, Mayor ATTEST: Attorney Cook began the discussion by explaining that the Code Enforcement Board had scheduled this workshop to begin reviewing the newly adopted code enforcement procedures. Since the issue of citing undeveloped property arose the City Council was invited to attend the workshop so that both boards would have an opportunity to meet and discuss how undeveloped properties would be cited in the future. Council Member Watford expressed his concern over citing undeveloped property and what he considered the definition of undeveloped property. Vice -Chair Worley did not agree with Mr. Watford's definition and offered that when a piece of property was subdivided it was considered improved property and should be kept cleaned of overgrown vegetation. Chair Montesi offered that each violation should be handled on a case by case basis since the surrounding area would come into effect as to whether the vegetation provided a buffer. Discussion ensued. Mayor Kirk suggested that the Code Enforcement Board hold as many workshops as needed and for them to make a recommendation to the City Council on how to handle overgrown vegetation for undeveloped property and what they suggest is the definition of undeveloped property. The Council will consider the recommendation and take the appropriate action when necessary. Chair Montesi asked whether anyone from the public would like to address the Board/Council regarding the issue. Mr. Dale Reiss stated that he was not in favor of citing overgrown vegetation when there was an Industrial area next to it and that the vegetation offered a buffer for him and if the neighbors are not complaining, there should not be a problem. Mr. Tom Elmore thanked the Code Enforcement Board for their work and stated you are not going to find a solution that makes everyone happy. He suggested to stick with the laws that are currently on the books and let the Code Enforcement Officer's do their job and get the City cleaned up. Chairperson Montesi adjourned the meeting at 7:00 p.m. Bonnie S. Thomas, CIVIC, City Clerk • • Page -I- CITY OF OKEECHOBEE Code Enforcement Board/City Council Joint Workshop - January 8, 2002 HANDWRITTEN MINUTES I. CALL TO ORDER: - Chairperson: M atrrfai January 8 2002 6:00 p.m. II. CODE ENFORCEMENT BOARD MEMBERS, MAYOR, COUNCIL AND STAFF ATTENDANCE - Chairperson Montesi Vice -Chair Worley Member Ballinger Member Gamiotea Member Nelson Member O'Connor Member Sweda Alternate Creech Alternate Weisser Secretary Christopher Code Ofcr Tomey Code Ofcr Hillery Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea III. NEW BUSINESS. A. Discuss Code Enforcement Procedures. C' 0LCk.'Zj Ck All g CC ru.Val LLd 1�. ,��� c �� (�' 1. , 4xcutuy LLC `41 -A q IL AtU p 4 ( Dk koo Iva �' /u C td& 61 L CL 4t, CC�Ua-L") tic Y\L LLLI'L.0 rULLU-L cts r (v'4v'C'i n x4 L&4 cts-Vut�-K q JaY4,�vci- Q J-1,,it-o-haik- cj� ojid,3� a t�j 4 v� to(' C" n t'Lta 6- L-uj , cua- -Q) (uA 'A & -vo O�t A-u- a C� ccc alc)a Wua Unt A O't 6"V-\'60lu ) osw't 6-L W-aftJA( �x -'4 In Z cud 4� 'Cuuc wd 15 H N ojl Lq J-�c ci rag 7�J J.ti� 14 oc\4 ,7St 6")0 i u LC Lk-C,JJ-CWJt(J�C( li rx END/) 71�� uu Oe nAcj--c `fo ac& 04 I)-c-L. sk(d 4 Aoak - C'cze) q- pia CA a, 0 9 i4' tC"j( CAd OU), no- c6l�Al-% -io 16-6 'LLv I �j ) ajk4"�. I -------------i---------------------------- AFFIDAVIT OF PUBLISHER r OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a PUBLIC NOTICE in the matter of - WORKSHOP via: BONNIETHOMAS 55 S.E. THIRD AVENUE OKEECHOBEE, FL 34974-2932 ATTN: BONNIE THOMAS (863) 763-3372 In the 19th ludicial Circuit Court, was published in said newspaper in the issues of IANUARY 03, 2002 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. _ c J. W. Owens, (Publisher) Sworn to and subscribed before me n this day of A. D. -Z/"U - v (SEAL) Notary Public 1O�?,%Y P4, OFRCIAL NOTARY SEAL ROSEALEE A BRENIAN 0 * COMMISSION NUMBER CC 940770 9j�OFf1.O;�0 MY COMMISSION EXPIRES JUNE 25,2004 '"� xancE IS HEREBY t�vEFt that ti>a fao....t HaN vn3 b mealfng in a Wod� , dap Sasioei to diuvi Code Bafaoemad Pao o'Jd1Ya m Tamiq, jam! % nn at ieN p` atcrs F1sg 33 S6`3ra Ave; Rm.'200. t3laeeehobe16 Fkdda-7lppubrs i in- itedB • .I ,-•' "PLEASE TAIM NOTICE AND. 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CITY OF OKEECHOBEE CODE ENFORCEMENT WORKSHOP OFFICIAL AGENDA JANUARY 8, 2002 CALL TO ORDER - Chairperson Montesi: January 8, 2002, Code Enforcement Workshop, 6:00 p.m. CODE ENFORCEMENT BOARD MEMBERS, MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE: Chairperson Marsha Montesi Vice -Chairperson Mack Worley, Jr. Board Member Linda Ballinger Board Member Jamie Gamiotea Board Member Andrea Nelson Board Member Harrison O'Connor Board Member Rennae Sweda Alternate Lori Creech Alternate Isabel Weisser Secretary Sue Christopher Code Enforcement Officer Keith Tomey Code Enforcement Officer Bob Hillery III. NEW BUSINESS. A. Discuss Code Enforcement Procedures. IV. ADJOURN WORKSHOP - Chairperson Montesi. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Clayton Williams Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea PAGE 1 OF 1 0 • O F ' OkF�G L �S u 1915 ` City of Okeechobee January 2, 2002 Dear Mayor and City Council: I will not be at the January 8th work shop as we will be in Chicago on a long needed vacation. The tickets for the trip were purchased about two months ago. I believe you should hear from the code enforcement department head so that you can understand why we have been citing the lots in the City for untended vegetation. First, when we write up a lot we take the entire code into consideration. Untended vegetation is addressed in Sec. 8-1 and again in Sec. 8-2 in paragraph (b) also Sec. 8-10 Public nuisances paragraph (a) , Sec. 8-11 General cleaning and beautification (a), (d), (e). The item which was discussed by the City Council at the special meeting in December as to improved and unimproved lots brought up some questions. We were under the impression that lots which are subdivided in subdivisions by block were improved lots. If lots have been zoned within the subdivision to any zone other than holding then they were considered to be improved. The area within a City which is acreage still needs to be kept clear of untended vegetation as defined in Sec. 8-11 (b). After attending two classes which the City sent me to in the past two years, I came away with the understanding that once property is subdivided into block, and lots they are considered to be improved lots. In all the years I have worked for the City, we have always tried to be unbiased on interpretations of the civil codes or fire codes. I have also tried to treat everyone equally, for legal and ethical reasons. In closing we would like to let the council know that in September and October we have sited over 110 lots within the City and in December there are over 60 lots. We have also consulted the legal council of the City and until the meeting in December, we were under the impression that everything we were doing was within the City Code of Ordinances. We will enforce the code the way the City Council or the legal council interpretes the code. I would ask that the City not leave the interpretations of the code to the person on the street as that might get the City in a law suit and expose the code enforcement person to a law suit as well. Sincerely, of ey Code Enforcement Department 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 51 C Chapter 8 HEALTH AND BEAUTIFICATION'' Art. I. In General, §§ 8-1-8-15 Art. Il. City Collection Service, §§ 8-16-8-41 Div. 1. Generally, §§ 8-16-8-33 Div. 2. Fees, §§ 8-34-8-39 Div. 3. Enforcement, §§ 8-40, 8-41 Art. III. Downtown Renovation District, §§ 8-42, 8-43 ARTICLE I. IN GENERAL Sec. 8-1. Definitions. As used in this chapter: Abandoned property means wrecked or derelict items of prop- erty of little inherent value, including junk as defined herein, that is placed, stored, or abandoned at a public place or right-of-way, or such items of property owned by a private person or business entity, and which are located or placed at a location other than the lands owned or leased by such private individual or business entity. Accumulate is synonymous with store, keep, hold, and retain. The term includes the retention or storage of one (1) item, as well as the amassing of more than one (1) item. Flea market sales means a gathering of two (2) or more vendors at an outdoor location who assemble and display products in booths, on tables, or at an assigned spot for sale to the public; or *Editor's note -Ord. No. 594, § 1, adopted July 7, 1987, repealed Ch. 8 in its entirety and § 2 of said ordinance enacted provisions designated as a new Ch. 8 to (� read as herein set out. Former Ch. 8 pertaining to garbage and trash, derived from $' Code 1962, §§ 10-11-10-15, 10-21-10-26, 10-32, 10-36; Ord. No. 432, § 1, adopted i April 2, 1981; Ord. No. 433, § 1, adopted April 28, 1981; Ord. No. 436, § 1, adopted OQ May 26, 1981; Ord. No. 451, § 1, adopted Jan. 26, 1982; Ord. No. 461, § 2, adopted June 8, 1982 and Ord. No. 496, § 1, adopted Jan, 9, 1984. Subsequently, Ord. No. 611, § 2, adopted Feb. 7, 1989, amended the title of Cli. 8 to read, "Health and Beautification." r,,.w...y Cross references -Enforcement of this chapter by code enforcement board, y 2-15 et seq.; occupational license tax for sanitation services, § 10-15(79). Stipp. No. 21 413 § 8-1 OKEECHOBEE CODE w for sale at a a single business owner or tenant who places locations for purposes location outside his or her regularbusiness of browsing by customers for sale to the public, which would not be considered just for the advertising of products or sale within outside for display hall said business. The placing of products constitute a flea market sale if the purpose meets the definitions contained herein; if three (3) or more of the items on display for sale are not new; if the items to sell are brought to the business from a location other than the business; or if the total number of itenis for sale, new or used, exceeds six (6) in total number. Garbage means putrescible animal and vegetable wastes re- sulting from the handling, preparation, cooking and consumption of food items. Junk ineans scrap metal, tires, and those items including but not to items such as dismantled, partially dismantled, non - operative or discarded machinery, appliance, equipment, motor vehicle, motorcycle, tractor, motors, farm r vesselsementst ofevery nature, frames or parts thereof, and boats _ regardless of its inherent value, and regardless whether it is accumulated for resale or discard by the owner or custodian or located in a place other thereof, and where the items are stored than a totally enclosed building or structure. Any item of tangible which personal property, designed to be used in an is protected from the elements, such as the intebe junk if the building m or structure, shall be irrebuttable presumed to is placed or stored outside such building thereofnnope or ur. iirable any motor driven device or vehicle and parts condition shall be irrebuttably presumed tob with repair, regardless of whether such item could become operable ` assem- bly. For the purpose of this chapter, inoperable mean a condition of disrepair which renders the item inoperable in a norinal manner, or in the manner for which the item was designed, for a period of time in excess of ten (10) days. Not included within this definition are normally operating motor driven devices, vehicles or farm equipment temporarily �od not red at a garage or repair facility for purposes of repair, for a per to exceed ten days. Supp. No. 21 414 0 • HEALTH AND BEAUTIFICATION § 8-2 Junlzyard means an establishment or place of business which operates or is operated or maintained for the purpose of storing, buying, trading or selling junk as defined above. Refuse means all putrescible and nonputrescible solid wastes, (except bodily waste), including but not limited to garbage, rubbish, ash, street cleanings, dead animals, abandoned automo- biles, junk, and solid market and industrial wastes. Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, card- board, tin cans, yard trash, wood, glass, bedding, crockery and similar materials. Street advertising means the placement by a business owner, tenant, agent or custodian thereof, of signs or items for display to the general public outside of their building or structure, for advertising purposes on the grounds of the business. Untended vegetation means grass, weeds or underbrush in excess of twelve (12) inches in height from the ground, dead trees, hedges or any dense growth of trees, vines or other vegetation which tends to create a danger to the public health, safety and welfare by creating a fire hazard; by providing a nesting, breeding or feeding area for insects, rodents, snakes or other species of pest and vermin, or disease bearing organism; or such vegetation impairing the vision of motorists or bicyclists or impeding pedes- trians to the extent that traffic and pedestrian safety is impaired; or by adversely affecting the aesthetic appearance to the property upon which the vegetation is located and adjacent properties. (Ord. No. 594, § 2, 7-7-87; Ord. No. 611, § 3, 2-7-89; Ord. No. 711, 5-5-98) Sec. 8-2. Responsibility of owners, agents and tenants. (a) No owner or tenant, or authorized agent thereof, or custo- dian of any real property within the city, shall place or permit to be placed, or allow abandoned property, junk, trash, rubbish, garbage, stagnant water, waste, or refuse to accumulate, remain, or be placed on such real property at any location within the city, regardless of zoning or land use designations; or cause or allow Stipp. No. 21 415 § 8.2 OKEECHOBEE CODE such items to be located on any portion of the property if such _. would constitute a nuisance, or hazard to the public safety or welfare. Excepted from this prohibition are junkyards and those sole items defined as "junk, located or placed in areas designated by zoning and land use designations t ube commercial or industrial 19781 and are legally in nature, and which existed as of August 8 considered to be existing nonconforming uses as defined under ordinance 402, section 7(15). For any such present nonconforming uses, the junk shall not be viewable from any- public right of way, and all property front, sides or rear, viewable from any public right-of-way, shall be surrounded by a fence a minimumof eight (8) feet in be constructed lt. of but fence shall comply with all building codes; one (1) type of materials; and shall be solid or opaque so as to prevent the viewing of the junk items from any public right-of- way or place. Further, the interior of such real property and the location or placement of the junk items thereon shall require a cleared set -back of thirty (30) feet from the fence or property line, whichever is further, as well as cleared thirty-foot lanes along every one hundred (100) feet of pfy width, so as to permit or other emergency equip- ment of fire, safety, ambulance, on the premises in the event of an emergency. (b) It shall further be the responsibility of an owner, tenant, or authorized agent thereof of each lot, parcel, or tract of land within the city to reasonably regulate and effectively control excessive growth and accumulation on such property he responsibility of those section 8-1 herein. It shall also res P named to drain, regrade or refill any lot, pa rcel or tract of land, including ponds, depressions or swimming pools thereon which shall be dangerous, unwholesome, unsanitary, or stagnant so as to endanger the public health or safety, or be in such other condition as to be susceptible to producing illness or disease. (c) No owner, tenant, agent or custodian of any business located within the area designated herein to be within the "downtown" renovation and historic district shall be permitted to conduct flea market sales, as defined herein. Street advertising' is permitted within such district, providing the items or products Sapp. No. 21 416 HEALTH AND BEAUTIFICATION § 8-4 placed outside a business are solely for advertising purposes, and the manner of their display would .not constitute flea market sales. No signs other than those as affixed to the business building shall be permitted outside the business location within this district, except "for sale" signs not over twelve (12) inches x fifteen (15) inches. (d) Exceptions. Nothing in this chapter shall prohibit a person from accumulating yard trash for the purpose of composting, or for pickup by the city's trash hauler. However, any composting materials shall be regularly maintained, and no yard trash shall remain curbside for pick-up in excess of three (3) days. Nothing contained herein shall prohibit the maintenance of ornamental vegetation of any height whatsoever, so long as the vegetation in question is regularly pruned and maintained. (Ord. No. 594, § 2, 7-7-87; Ord. No. 611, § 3, 2-7-89; Ord. No. 711, 5-5-98) Sec. 8-3. Containers required for garbage and trash. (a) Residential customers shall place amounts and types of solid waste in garbage cans furnished with tight -fitting top or lid and appropriate lifting handles, or plastic liners of sufficient strength to hold contents, securely tied at the top. (b) Use of any detachable metal container designed or in- tended to be mechanically serviced as a condition precedent to use shall be approved by the city as to type, size and location. (c) All apartments of four (4) units or more are required to use commercial sanitary garbage containers as approved by the city. (Ord. No. 594, § 2, 7-787) Sec. 8-4. Dumping, depositing, leaving on or near street (a) No person shall dump, leave or dispose of garbage, rubbish, trash, abandoned property, or other waste mat- ter in or on any street, road, right-of-way, highway or alley of the city. (b) Garbage in an approved container and containerized rubbish and trash shall be placed in the right-of-way of the streets, roads, highways or alleys to be picked up on Stipp. No. 21. 417 i § 8-4 OKEECHOBEE CODE regular garbage and trash collection routes of the city without violating this section, so long as such garbage, rubbish, trash, or other waste material does not remain undisposed of more than twenty-four (24) hours prior to any scheduled garbage or trash collection. (c) Nothing herein shall require the removalhazardous zrous waste, body waste, dead animals § 3 abandoned property. (Ord. No. 594, § 2, 7-7-87; Ord. No. 611, Sec. 8-5. Throwing on vacant property. No person shall throw trash, rubbish or garbage, or cause trash, rubbish or garbage to be thrown, on vacant property in the city. (Ord. No. 594, § 2, 7-787) Sec. 8-6. Throwing into or near Taylor Creek. No person shall throw, place, or deposit or cause to be thrown, placed or deposited into Taylor Creek, the canals feeding into Taylor Creek, or on the shore thereof, within filth, litter for rash, garbage, dead fish, manure, decayed food aban- doned property or hazardous chemicals, which by its odor, decay or putrefaction, would or could become offensive to human beings residing in the vicinity thereof or detrimental to health or create a nuisance. § 3, 2-7-89) (Ord. No. 594, § 2, 7-7-87; Ord. No. 611, Sec. 8-7. Applicability of state laws. Us In addition to and not in limitation of the provisions Florida Statutes, also section the provisions of Section 403.413, known as the "Florida Litter Law", ndincor porated r l is hereby added to this chapter a by reference herein. The city council would also for respectfully ectfviolau ly ugge tF o We judges of those courts trying persons ida Litter Law" that the provisions of Chapter 948, Florida Statutes, "Probation", be utilized liberally in order to require such persons to expend appropriate amounts of time and thert gathering'up litter at places within the city designate y u. (Ord. No. 594, § 2, 7-7-87) Stipp. No. 21 418 0 0 IIEALTII AND BEAUTIFICATION § 8-9 Sec. 8-8. Disabled vehicles. No person in charge or in control of any property within the city, whether an owner, tenant, occupant, lessee or otherwise, shall allow any disabled vehicle to be placed or remain on such property unless such vehicle is within a completely enclosed building or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. (1) Prima facie evidence. A vehicle will be considered physi- cally or mechanically incapable of being operated on the public streets if it is wrecked, partially dismantled, has no engine, has no transmission, has a dismantled engine or transmission, has no valid current license tag or is in some comparable physical state rendering it inoperable. (2) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, tear- ing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (3) Responsibility for compliance. The owner, agent and/or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsible for compliance with the require- ments of this part. (Ord. No. 611, § 3, 2-7-89) Sec. 8-9. Abandoned property on public property. (a) Whenever the code enforcement officer of the city shall ascertain that an article of abandoned property is present on public property within the limits of the city, he shall. cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTER- ESTED IN THE ATTACHED PROPERTY. This property to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within ten (10) days or, if the property is Supp. No. 21 419 § 8 9 OKEECHOBEE CODE a boat, thirty (30) days from the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Okeechobee. If the property is a motor vehicle oSuctio boat,thowner will e Dated this:be liable (setti�lg for the costs of removal and de forth the date of posting of nicn tuber of (setting forth nanle, enforcement title, address and telephone officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherprooflstand norill e code enforce- ment to exposure to the elements. In additionposting, h meat officer shall make a reasonable d uchffort to ascertain the is reasonably availableto and address of the owner, an the code enforcement officer, he shallomai�l a copy of such notice to the owner on or before the date posting. (b) If, at the end of ten (10) days or if the property is a boat thirty (30) days, after posting such notice the owner or any person interested in the abandoned article or articles, described in such notice, has not removed the article fo�rfa failure torom do so11Ulic tile ncode erty or shown reasonable cause enforcement officer may cause the article property to be removed and destroyedaccording to applicable city f such article or articles ordinances. The salvage value, if any, o shall be retained by thelied against the cost off removal and destruction thereof- b unless the costs of removal and destruction are paid by the owner, in general case the salvage value may be deposited in the city s (c) The owner of any abandoned motor vehicle or boat who, after notice as provided in this section,dd halliot remove the be liable to the vehicle or boat within the specified p less city for all costs of removal and destruction of such property, any salvage value received by the city. Upon such removal end destruction, the city's code enforcement officer shall notify the owner of the amount owed and of the penalty provision of this subsection. In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any other boat until such costs have been paid. The city s code enforcement officer shall Stipp. No. 21 420 HEALTH AND BEAUTIFICATION § 8-10 supply the Department of Natural Resources with a list of persons whose boat registration privileges have been revoked under this subsection, and neither the department nor the tax collector or other person acting as agent thereof shall issue a certificate of registration to a person whose boat registration privilege has been revoked, as provided by this subsection, until such costs have been paid. In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of one hundred dollars ($100.00). (Ord. No. 611, § 3, 2-789) Sec. 8-10. Public nuisances. (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 abandon- ment. (b) All nuisances are declared to be a public nuisance and illegal within the municipal boundaries of the city, 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 deter- mined to be an emergency, existing within the city shall be brought before the code board of the city as provided in F.S. ch. 162. Upon determination by the board that a nuisance does in fact exist, the landowner or custodian thereof shall take whatever Supp. No. 21 420.1 § 8-10 OKEECHOBEE CODE 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 F.S. ch. 162, 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, safetyor 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 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 immedi- ate 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 h lattempt all reasonable means to give the landowner, agent person 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 orbeq equipmoyed h ent of the abatement of a nuisance shall charged to the landowner lot or parcel: involved, and if not paid within thethirty real propertydays and mailing an invoice, shall become a lien onpercent per annum shall bear interest at the rate of twelve (12) p p from the date when the same becomes due and payable. Supp. No. 21 420.2 HEALTH AND BEAUTIFICATION § 8-11 (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 F.S. ch. 162. The lien shall remain effective until satisfied, or through the enforcement procedures of ch. 162. (g) Any affected landowner shall have a right to appeal a decision of the code board through the procedures of F.S. § 162.11. (Ord. No. 611, § 3, 2-7-89; Ord. No. 723, 11-17-98) Sec. 8-11. General cleaning and beautification. (a) All owners of improved property shall cut and keep cut all weeds, grasses or undergrowth on the entire property, to a height not to exceed eight (8) inches. Also, all landscaping shall be trimmed and kept in a neat appearance so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (b) When determined by the code enforcement officer of the city that a public nuisance exists, as defined above, owners of all unimproved property shall cut and keep all weeds, grasses and undergrowth to a height not to exceed twelve (12) inches, in a strip one hundred (100) feet wide around the perimeter of said property, which fronts on a public street, drainage or utility easement or is contiguous to occupied property. Also, owner shall remove any abandoned property, garbage, litter, stagnant water, untended vegetation or noxious matter on the entire property. (c) All owners are deemed to be in control of and responsible for areas on or adjoining their property such as easements. (d) All lands in the city shall be kept free of untended vegeta- Lion or any other matter, which by reason of height, proximity to neighboring structures, physical conditions; disease such as but not limited to: lethal yellowing palms or other peculiar charac- teristics which might in time of high winds, prevalent in this region, cause damage to life or property within the immediate area surrounding such region. Supp. No. 21. 420.3 § 8-11 OKEECHOBEE CODE,:. (e) It shall be unlawful for any person to cause, maintain, - permit or allow to be caused, maintained or permitted, the accumulation of any litter, garbage, abandoned property, stag- nant water, untended vegetation or weeds on any construction or building site, before, during or after completion of said construc- tion or building. It shall be the duty of the owner or his agent to make adequate provisions for the disposal of the above mentioned items and to have, on the construction or building site, adequate facilities for the disposal of said items and to make appropriate arrangements for the collection thereof. (f) It shall be the responsibility of all owners of improved property to maintain proper ground cover on their property (such ground cover including but not limited to: grasses, concrete, asphalt, decorative stones) and driveways (driveway groundcover including but not limited to: concrete, asphalt, decorative stones, in -laid brick; tile and shell rock) to prevent a condition that could endanger the health, safety and welfare of any member of the community; maintained as required in this section. Furthermore, appropriate landscaping shall be installed, re- placed and maintained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (g) The owner or occupant of any improved lot or lands lying and abutting on any intersection of two (2) streets or any combination thereof in the city and having shrubs or bushes on such lot or lands, shall trim or cause to be trimmed all shrubs and bushes located within twenty (20) feet of the intersection of the property lines nearest to the street intersection and abutting the sidewalk or the normal sidewalk location, so that no bush or shrub shall exceed three (3) feet in height above the surface of either the sidewalk or the normal sidewalk location. (h) The owner or occupant of any lot or lands lying and abutting on any street in the city and having trees, shrubs or bushes SUPP. No. 21 420.4 HEALTH AND BEAUTIFICATION § 8-12 on his lot or lands extending over the property line onto such street shall trim or cause to be trimmed such trees to ;the clear height of not less than ten (10) feet above the surface of the. side- walk or street. (i) The director of public works shall have the authority, and it shall be his duty to order trimming, preservation or removal of trees or plants upon private property when he finds such an act necessary to public safety or to prevent the spread of disease or. insects in public trees or places. 0) No persons shall sweep into or deposit in any gutter, ditch, street or other public place within the city the accumulation of litter from any building or lot or from the public sidewalks. Nor shall any owner or tenant abutting a public thoroughfare allow or suffer to remain litter upon the adjacent public sidewalk in- cluding medians, so that litter, rubbish and refuse- shall not be allowed to pile up or accumulate on such public right-of-way. (k) No merchant or business within the city shall `allow litter to accumulate, and shall clean and otherwise rid his premises, including sidewalks, of waste matter and litter although the same may not have been deposited by him, his agents or his patrons. (Ord. No. 611, § 3, 2-7-89) Sec. 8-12. Presumption where motor vehicle is source. In any prosecution charging a violation of this article; by the throwing, discarding, placing or depositing of litter in any manner or amount whatsoever, in or on any public highway, road, street, alley, thoroughfare or any other public lands; by, through or from a motor vehicle, proof that the particular vehicle described in the complaint was the source of the litter so discarded, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of this article. Said presumption may be rebutted by substantial evi- dence on the part of said owner. (Ord. No. 611, § 3, 2-7-89) Supp. No. 13 421 § 8-13 OKEECHOBEE CODE Sec. 8-13. State sanitary code adopted. The rules and regulations promulgated by the Florida State Department of Health and Rehabilitative Services pursuant to Chapter 381, Florida Statutes, or any amendments thereto, known as "The Sanitary Code of the State of Florida", 1960 Revision, excepting Chapters 1, 3, 4 and 19 is hereby adopted as the San- itary Code of the City of Okeechobee, Florida. (Ord. No. 611, § 3, 2-7-89) Sec. 8-14. Penalty for violating state sanitary code. Any person violating the provisions of the state sanitary code shall be punished as for a violation of this Code of Ordinances. (Ord. No. 611, § 3, 2-7-89) Sec. 8-15. Slaughterhouses, meat packing or processing plants prohibited. It shall be unlawful for any person to operate or conduct a slaughterhouse, meat packing, meat processing, fat rendering, soap, tallow, grease or lard manufacturing or refining business or establishment within the corporate limits of the city. (Ord. No. 611, § 3, 2-7-89) ARTICLE II. CITY COLLECTION SERVICE DIVISION 1. GENERALLY Sec. 8-16. Use required. It being determined by the city council for the health and welfare of the community, each and every residence, place of business, or any other type structure or abode shall be required to place their garbage and trash as herein provided at the curb- side on regular collection days so that said garbage and trash or other matter may be picked up and disposed of in a safe and sanitary manner. (Ord. No. 594, § 2, 7-7-87) Supp. No. 13 422 HEALTH AND BEAUTIFICATION § 8-19 Sec. 8-17. Disposal other than by city. (a) No person shall, in any manner, dispose of or attempt to dispose of garbage or trash in the city without having the method and place of such disposal approved by the city council• and ob- taining a permit therefore from the department. of general ser- vices, which permit shall cost one hundred dollars ($100.00) per calendar year or any part thereof. (b) Such person may elect to pay the regular garbage and trash collection fee in lieu of such permit fee. (c) Notwithstanding any provisions in this section to the con- trary, the department of general services may issue a permit to any person at no fee for a period of one week permitting dumping of material which is determined by the city council to be in the best interest of the city; it being the principle purpose of this provision to authorize the dumping of riprap and other building material such as concrete to bolster, strengthen, or, support the banks of Taylor Creek and where such dumping shall be ap- proved by the Corps of Engineers or other state or federal agency exercising jurisdiction thereof. (Ord. No. 594, § 2, 7-7-87; Ord. No. 601, § 5, 5-3-88; Ord. No. 611, § 3, 2-7-89) Sec. 8-18. Frequency of collection. Garbage and trash collection service shall be provided not less than one time per week and pick. up shall not be reduced by holidays but pick ups normally scheduled to be made on a holiday may be rescheduled upon notification to the affected residential or commercial premises by publication in the area served by the city. (Ord. No. 594, § 2, 7-7-87) Sec. 8-19. Preparation of waste for collection. (a) Garbage and rubbish. Garbage and rubbish.shall be placed for collection separately from trash and shall be placed in waste receptacles with a gross weight of not more than forty (40) pounds. Containers for garbage shall not be greater in size than thirty- two (32) gallons and said containers shall be free from jagged or sharp edges; free from inside structures, such as inside bands of reinforcing angles which would prevent free discharge of the i Supp. No. 13 423 § 8-19 OKEECHOBEE CODE contents; must be watertight and of impervious materials; and provided with a tight -fitting cover to protect the contents from flies, insects, rats or other animals. (b) Trash. Trash must be in an acceptable container or tied in bundles not exceeding five (5) feet in length and not weighing in excess of forty (40) pounds, placed for collection adjacent to the street, highway or alley within the public right-of-way between the confines of the side lot lines of each single-family residence or structure. Tree trunks, stumps, major appliances and furniture not suitable to be reduced in size and that weigh more than forty (40) pounds shall be removed only ar separately from garbage andash the shall be placed for collection se P city garbage and trash collection company shall not be required to collect any trash, or other debris which does not comply with the requirements in this subsection or which exceeds three (3) cubic yards per weekly pick up unless authorized for special removal at an additional charge. (c) Location of residential waste for collection. All persons re- ceiving residential waste collection service pursuant to this chap- ter shall place waste receptacles, disposable containers and other items at the curb side between the confines of the side lot lines of each single-family residence or other structure. (Ord. No. 594, § 2, 7-7-87) Sec. 8-20. When dumpsters required. Dumpsters will be required when, in the opinion of the city, refuse generated will amount to three (3) cubic yards or more per month on a regular basis. (Ord. No. 594, § 2, 7-7-87) Sec. 8-21. Markings, removal of improper or damaged receptacles. Any container used for the collection or storage of residential waste which fails to meet the standards prescribed by this chap- ter shall be clearly marked by the city or its franchisee specifying the manner in which the container fails to meet the require- ments. Any container which fails to meet these requirements, and is so marked, shall be removed from service by the party furnishing it. Upon failure of the party furnishing the container Supp. No. 13 424 0 • HEA111711 AND BEAUTIFICATION § 8.40 to remove it from service after written notice by the city, the city shall remove the container from service and destroy it. (Ord. No. 594, § 2, 7-7-87) Secs. 8-22-8-33. Reserved. DIVISION 2. FEES Sec. 8-34. Payment required. No person shall fail or refuse to pay the garbage and trash collection fee provided for in this article. (Ord. No. 594, § 2, 7-7-87) Sec. 8-35. Fee for excessive accumulation. Notwithstanding any of the fees provided for in this article, for the collection of garbage and trash, if any person occupying any dwelling, house or business establishment shall have a quantity of garbage or trash which exceeds the usual amount to such an extent as to require special trips by the collection crews to pick up same, the franchisee may assess an extra garbage and trash fee based on the time, labor, gasoline, diesel fuel and oil required for such special trips. (Ord. No. 594, § 2, 7-7-87) Sec. 8-36. Charges and rates. For services required to be performed under this article, the charge shall be established by resolution of the city council. (Ord. No. 594, § 2, 7-7-87; Ord. No. 604, § 1, 4-19-88) Secs. 8-37-8-39. Reserved. DIVISION 3. ENFORCEMENT Sec. 8.40. Impeding an officer. Whoever opposes, obstructs or resists any code enforcement officer in the discharge of his duties, as provided in this section, Supp. No. 21 425 § 8.40 OKEECHOBEE CODE upon conviction shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or section 775.083, Florida Statutes. (Ord. No. 611, § 3, 2-1-89) Sec. 8-41. Immunity. Any code enforcement officer, or any person authorized by the code enforcement officer, shall be immune from prosecution; civil or criminal for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this chapter. (Ord. No. 611, § 3, 2-7-89) ARTICLE III. DOWNTOWN RENOVATION DISTRICT* Sec. 8-42. Creation of district. There is created within the city a district known retail and downtown renovation district, established to meethe service needs of the downtown area, dforoproved a t e region unique witl pres- ervation shopping and activity center of architectural style and historic structures. This dis- trict is most appropriate downtown, with "downtown" generally considered to be that area of compact and continuous commercial uses radiating from the intersection of S.R. 15 (U.S. 441/Parrott Avenue) and S.R. 70 (Park Street). Such area may be amended from time to time as in the best interests of the city, and at this time is determined to be a rectangular area generally bounded on the east by Fourth Avenue; on the west by Eighth Avenue; on the north by Third Street; and on the south by Third Street. (Ord. No. 711, 5-5-98) Sec. 8-43. Creation of design review committee. (a) Design review. d by (1) The planning and zoningalso servesas the design 11review e land development code sha11 committee, and who shall also serve the dual function of historic preservation review as provided below. *Editor's note —Ord. No. 711, adopted May 5, 1998, amended the Code by adding a new art. III, §§ 8-42 and 8-43. In order to facilitate this, the editor has removed a former § 8-42 in its entirety. Former § 8-42 derived from Ord. No. 611, adopted February 7, 1989, and pertained to severability of provisions of art. It. Similar severability provisions can be found in § 1-6 of this Code. Supp. No. 21 426 r IIEALTH AND BEAUTIFICATION § 8-43 (2) The committee shall review all developmental proposals, including permit applications, which if implemented, would require site plan approval by the city, or which constitute exterior repair/renovations of such property. The commit- tees review shall include, but is not limited to, the review of the following: a. Architectural form and style. b. Texture, specifically building exteriors. c. Patterns and rhythm as to the placement, and size of windows, doors, balconies, marquees, awnings and as to roof design. d. Colors. e. Signage and graphics. f. Aesthetic exterior lighting. (3) The city adopts for the "downtown" area as defined herein the style, colors and aesthetic makeup of buildings and structures in the Park Street downtown renovation project of 1998 under CDBG grant administered by Fred Fox, and constructed by W.G. Mills Inc. While precise confor- mity with this project is not mandated for the entire downtown area in the future, the committee shall use such makeup as a basis for their review of future projects Linder this section, to attain compatibility with the estab- lished aesthetic makeup of the downtown area. (4) The city considers the renovations, improvements and historical preservation of the downtown area, and its uniform structure and appearance to be of primary im- portance to the welfare of the city. Therefore, regardless of other ordinance, land use regulation or zoning require- ment, no owner, tenant, agent or custodian of any prop- erty located within the downtown area shall be permitted to alter in any significant manner, the exterior, paint color, structure covering, awning, signage, lighting or appearance thereto without first applying for same by building permit issued from the city, and after consider- ation by the design review committee for conformity with other buildings or structures and consideration of their duties herein, within the downtown area. Supp. No. 21 427 § 8-43 OKEECHOBEE CODE (5) That for any permit or site plan approval within the designated downtown area of the city, no permit shall be issued therefore without the prior recommendation of the design review committee. The city council shall have final comm approval on any recommal or amendmentaction of ) to any 1sL ch including approval, den permit by the committee. Due to those projects that may be considered, or qualify (6) �� p � the as historic preservation within the downtown area, "with all applicable federal and committee shall comply state laws regarding the ethics, financial disclosure, open conduct of public business and public records, as well as all applicable grant, funding, contracting or other regula- tions that pertain to such historic structures. (Ord. No. 711, 5-5-98) (The next, page i5 4G91 Supp• No. 21 428