Ordinance 09-1901- Never Brought Back to Commission ORDINANCE NO. 09-1901
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AMENDING THE LONGWOOD CITY CODE, ARTICLE IV,
DIVISION 3 ENTITLED "ACCUMULATION OF WEEDS OR
GRASSES," PROVIDING FOR CONFLICTS, CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, most residents of the City of Longwood currently mow and
maintain the abutting right -of -way between their property line and the street pavement;
and
WHEREAS, the City nevertheless expends significant resources to maintain
right -of -ways adjacent to the few properties which are not maintained by the owners of
such adjacent properties; and
WHEREAS, it is the desire of the City Commission to amend this portion of the
code to establish responsibility for all property owners to maintain the right of way
between their property and the street pavement; and
WHEREAS, enactment of this chapter will provide for uniform maintenance of
right -of -ways which will reduce blight, aesthetically enhance neighborhoods and increase
property values throughout the entire City; and
WHEREAS, the City Commission has determined the private maintenance of
right -of -ways will benefit the health, safety and general welfare of the citizens of
Longwood and serve a valid public purpose.
DIVISION 3.
ACCUMULATION OF WEEDS OR GRASSES
Sec. 38 -141. Declared a nuisance.
The existence of excessive accumulation or untended growth of weeds, grasses,
undergrowth or other dead or living plant life upon any lot, tract or parcel of land,
improved or unimproved, inclusive of adjoining City right -of -way and exclusive of
neighborhood special assessment areas and medians, ..,id , 100 feet of any :v,..,,.
pfepeAy within the city, to the extent and in the manner that such lot, tract or parcel of
land is or may reasonably beee e in ste inhabited b r- ,dams e wild
threatens or endangers the
public health, safety or welfare, or may reasonably cause disease, or adversely affects and
impairs the economic welfare of adjacent property, is hereby prohibited and declared to
be a public nuisance. The City Administrator or designee may exempt adjoining
Ord. 09 -1901
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right -of -ways in which the maintenance requirements result in a hardship on the
property owner.
(Code 1982, § 12 -23)
Sec. 38 -142. Duty of owner.
It shall be the responsibility and duty of the owner of any lot, tract or parcel of
land within the city to clear and remove from said lot, tract or parcel of land all nuisance
material as described in section 38 -141.
(Code 1982, § 12 -24)
Sec. 38 -143. Duty of city.
Whenever any lot, tract or parcel of land within the city shall be permitted to exist
by the owner without complying with the provisions of section 38 -141, it shall be the
duty of the city administrator or his designee to notify the owner of said lot, tract or
parcel of land, as hereinafter provided, to place said property in conformance with the
provisions of this Code.
(Code 1982, § 12 -25)
Sec. 38 -144. Notices.
(a) All notices to owners shall be made by United States certified or
registered mail, return receipt requested, to the address of the owner as shown on the
current tax roll of the county.
(b) The notice to be given by the city administrator or his designee to the
property owner as requested in section 38 -123 or section 38 -143 shall include the
following:
(1) The legal description of the lot, tract or parcel of land which is not in
compliance with the provisions of this Code;
(2) The manner in which said property is not in compliance with the
provisions of this Code;
(3) The condition shall be corrected in a manner consistent with Florida
State Statutes Chapter 162.
(3) That said eendifien must be eefr-eeted by the owner- within 15 day-&4
Ring of the netiee;
(4) That if the eviner- shall fail to eeffeet the eendition withill 15 days, the ei
of its designee will entef upon said 1 r-emeve the eenditieii
Ord. 09 -1901
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a if net p aid withi 30 & „ lie w ill b fi ° a ga i nst t
pr-epefty;
(5) Aza estimate of the eest of femoving the ntfisanee in the event the eily of
ITJ - designee
(Code 1982, § 12 -26)
See. 38 145. Cerreetion of nuisance by eit�-
,° ,: . .;tl,;., +t,° a °�; ,,, t ° a t;�,,° �° . a tl,° .; +.. : +� a °�., °° s 1,,
ie as ul , designee p
-- AA''''NN 44
I[III�T
shall • b u t - no t b e fi to: di sposa l f ees. remova expenses 4 -- 17�11'II
labor and vehieu'ar • ou t - in
_ sa
77 Xt"t'LCt
b th ..;t y i th . ,.
°t;,,., e f ,.,., �' uisan .,1,i eests sh e l u d e b not be 4 ifnhed
> di sposa l f ees, A - an
a dm;., s t f tiye fee ;„ th a .,+ ., °t out ; „a;., l�
uu ° .
e
(Cde 1982 e R 12 7'7)
See. 38 146. Notiee of lien/for )sure.
�"
°a i n ee ti o 38 14 C sh ,-° tilt i the issu
lien of a netiee of sh b p fim a f ae i e e o f the d t the eit
intefest at the legal fate and may be fefeelesed as meftgages are for-eelesed in t
is -tit
(Cede 1 82 � § 12 28)
C
SECTION 4: All Ordinances, or parts thereof in conflict herewith, be and the same are
hereby repealed.
SECTION 5: The provisions of this Ordinance are declared to be separable and if any
section, paragraph, sentence or word of this Ordinance or the application thereto any
person or circumstance is held invalid, that invalidity shall not effect other sections or
words or applications of this Ordinance.
SECTION 6: This Ordinance shall take effect immediately upon its adoption.
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FIRST READING
SECOND READING:
PASSED AND ADOPTED THIS DAY OF , 2009
Haywood G. Bundy, Jr., Mayor
ATTEST:
Sarah M. Mirus, MMC, MBA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood,
Florida only.
Teresa S. Roper, City Attorney
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