Ordinance No. 55-82-19 v ORDINANCE NO. 55-82-19
AN ORDINANCE DECLARING WEEDS TO BE A
NUISANCE AND ESTABLISHING THE PROCE-
DURES TO ABATE
Section 1. Section 18-11 through Section 18-15 of the Code of the City of
Atlantic Beach is hereby deleted in its entirety and the following is substituted
therefor:
No owner or person in control of any lot, place or area within
the City, or the agent of such owner or person in control, shall
permit on such lot, place or area, or upon any abutting area
between the right-of-way line/property line, any weeds, grasses,
or other deleterious, unhealthful growth to exceed a height of
12 inches. Exceptions to the provisions of this ordinance shall
apply to those properties located in undeveloped areas of the City
which are at least 20 feet from the nearest occupied residential
or business property, and which are at least 20 feet away from an
adjoining right-of-way in which there is a paved street.
Section 2. Notice to destroy. The City Manager or his designee annually
or near the commencement of the growing season, shall notify by general publication
in a newspaper published within the City, all such owners, persons in control, or
agents, to cut, destroy, or remove any such weeds, grass, growth or matter found
growing, or located on such property.
Section 3. Action upon non-compliance. Upon the failure, neglect, or
refusal of any such owner, person in control, or agent, so notified to cut, destroy
or remove any such weeds, grass, growth, after publication of a notice provided in
Section 2 above, the City or its authorized agent shall cut, destroy or remove any
weeds, grass, growth or matter, and any expense incurred by the City or its authorized
agent in doing so shall be charged against the property owner, person in control, or
agents so failing, which charge may be recovered; provided, however, that no land
clearance made necessary be excessive growth shall be done unless the City or its
authorized agent shall first post a notice on such property to clear such excessive
growth and such owner, person in control, or agent shall for seven (7) days after such
notice to so clear such land.
Section 4. Removal by City. If, within seven (7) days after posting of
said notice and the condition described, the notice is not then remedied, the City Manager
shall cause the condition to be remedied by the City at the expense of the property owner.
Section 5. After causing the condition to be remedied, the City Manager or
his designee shall certify to the Finance Department the expense incurred in remedying
the condition, whereupon such expense, plus a charge equal to 100% of such expense to
cover City administrative expenses, plus advertising costs, shall become payable within
thirty (30) days, after which a special assessment lien and charge will be made upon
the property, which shall be payable with interest at a rate of 8% per annum from the
date of such certification until paid.
Section 6. This Ordinance shall become effective upon its final passage.
Passed by the City Commission of First Reading February 22, 1982
Passed by the City Commission of Second Reading March 8, 1982
Passed by the City Commission of Third and Final Reading March 22, 1982
ATTEST:
Adelaide R. Tucker, City Clerk
(SEAL)