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Item 8B .. AGENDA ITEM #8B DECEMBER 13, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommended Change to City Code Article 23-36 SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: November 22, 2004 BACKGROUND: In several sections of the City, there are areas where Public Works has assumed responsibility for mowing and trimming of the area between the edge of pavement or back of curb and the resident maintained lawn area. This results in an unequal application of City resources, and requires in excess of 30 man-hours per week during the growing season that could be better applied to streets and stormwater system maintenance. RECOMMENDATION: Staff recommends adding the following text to Section 23-36 of the City Code to require residents to maintain the area between the right of way line and edge of pavement. "Additionally the Resident (or Property Owner if lot is vacant) must ~„ maintain the area between the right of way line and the back of curb or edge of pavement for non-curb ~ gutter sections, in the same manner and standard as the lot is maintained. (This requirement does not include mowing or other maintenance requirements within City maintained ""' drainage swales and ditches, which will continue to be the responsibility of City Public Works personnel. Areas where City crews currently maintain because of ongoing Beautification efforts, including the north ! west Seminole Road right of way between 11 "' and 16`" Street will continue to be the responsibility of the City.)" ATTACHMENTS: 1. City Code Article III. ACCUMULATION OF WEEDS 2. FI. Association of Code Enforcement Message Center printout showing other City Codes requiring Owner /Resident maintenance of Public Right of Way BUDGET: This proposed change has no impact on budget. '~ REVIEWED BY CITY MANAGER: ~. AGENDA ITEM #8B DECEMBER 13, 2004 ARTICLE III. ACCUMULATION OF WEEDS* *Cross references: Refuse and garbage, Ch. 16. Sec. 23-36. Height of growth. No owner or person in control of any lot, place or area within the city, or the agent of the 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 twelve (12) inches. Additionally the Resident (or Property Owner if lot is vacant) must maintain the area between the right of way line and the back of curb or edge of pavement for non-curb & gutter sections in the same manner and standard as the lot is maintained. (T'his requirement does not include mowing or other maintenance requirements within Cif maintained drainage swales or easements, which will continue to be the responsibility of City Public Works personnel). ArPac whP,-e C'';tv crews currently maintain because of on~oin~ Beautification efforts mclucilnQ trie ~emmote xoaa ngnt of way oetween i i ana ~ o ~tree~ will continue to be the responsibility of the City. Exceptions to the provisions of ~"' this article shall apply to those properties located in undeveloped areas of the city which aze at least twenty (20) feet from the neazest occupied residential or business property, and which are at least twenty (20) feet away from an adjoining ~" right-of--way in which there is a paved street. (Ord. No. 55-82-19, § 1, 3-22-82) ~" Sec. 23-37. Notice to cut, destroy, etc. 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. (Ord. No. 55-82-19, § 2, 3-22-82) ~, Sec. 23-38. Action upon noncompliance. 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 23-37 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 chazged ,. against the property owner, person in control, or agents so failing, which chazge maybe recovered; provided, that no land cleazance made necessary by excessive *. AGENDA ITEM #8B DECEMBER 13, 2004 ~ growth shall be done unless the city or its authorized agent shall first post a notice on the property to cleaz the excessive growth and the owner, person in control, or agent shall have seven (7) days after such notice to so clear the land. ~,,, (Ord. No. 55-82-19, § 3, 3-22-82) Sec. 23-39. Removal by city. ~„ If, within seven (7) days after posting of the 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. ,,,, (Ord. No. 55-82-19, § 4, 3-22-82) Sec. 23-40. Payment of chazges, special assessment liens. 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 one hundred (100) percent of the 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 often (10) percent per annum from the date of the certification until paid. (Ord. No. 55-82-19, § 5, 3-22-82) Secs. 23-41--23-45. Reserved. ~. AGENDA ITEM #8B Florida Association of CL DECEMBER 13, 2004 Enforcement Message Center The F.A.C.E. Message Center has been created to provide a more efficient way of exchanging information among members. Job openings are welcome, as are problem cases, questions about the law, and other issues facing code enforcement professionals. HOWEVER, THE BOARD OF DIRECTORS RESERVES THE RIGHT TO REMOVE ANY MESSAGE DEEMED INAPPROPRIATE OR OFFENSIVE. Hey, ATLANTICBEACH, you have 0 messages. Sep 27th, 2004, 12:lOpm '~ Home ~ Help Search Members ~ Profile ~ Notification ~ Logout Florida Association of Code Enforcement Message Board « Maintaining Right of Way ~ Florida Association of Code Enforcement Message Board, -~ Ordinance and Legal Assistance =-~ Ordinance and Legal Assistance (Moderator: Forum Admin) `-'mil Maintaining-Right of Way - - «_Frevious.topic .l Next.topic » Pages: 1 Reply ~ Notify of replies ~ Send Topic ~ Print __ Author -'Topic: Maintaining Right of-Way_.(Read..+42..times)_ ___ _ __ ATLANTICBEACH Maintaining Right of Way F.A.C.E. Member ~ « on: Sep 16th, 2004, 8:41am » ~ Quote L~ Modify Remove Newbie ~. Have citizens who refuse to cut the grass in the Right of Ways that front their properties. Needless to say it gets expensive maintaining these 10 foot wide parcels. I've been asked to identify cities that have ordiances requiring citizens to maintain the Right of Ways that border their property. ~ ~ If you have a good ordinance I can pirate, I'd appreciate hearing from you. Posts: 4 "'"~ IP Logged s speciald Re: Maintaining Right of Way r~ Administrator ~ « Reply #i on: Sep 16th, 2004, 9:48am ~ ~ Quote Lu Modify ~~ Here is what we have here in Seminole County. From the Seminole County Code, Chapter 95-Hope it helps. ®~ ARTICLE II. REMOVAL OF NUISANCES FROM PROPERTY Posts: 27 Sec.. 95.11. Duty of property owners generally. It is the duty of each owner of any real property, lot, tract, or parcel of land to reasonably regulate and effectively control the growth and accumulation of matter, substances and materials enumerated in Section 95.3, on the real ,property, lot, tract, or parcel of land and on the portion of the adjoining public right-of-way between the property, lot, tractor parcel and the roadway regardless of whether the roadway is paved. IP Logged ~. _ - AGENDA ITEM #8B ,~, Captglenn Re: Maintaining Right of Way DECEMBER 13, 2004 F.A.C.E. Member ~ « Reply #2 on: Sep 16th, 2004, 2:32pm » 0 Quote L~J Modify Junior Member ~. City of Winter Springs, ~. Section 13-2(d) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably regulate and effectively control ®~ excessive growths and accumulations, as enumerated in subsection (c), on the portion of the adjoining public right-of-way between the property and Posts: 8 the street. ~"' IP Logged CHRIS Re: Maintaining Right of Way r~ MARLAND ~ « Reply #3 on: Sep 16th, 2004, 4:30pm » ~ Quote L'-~ Modify Full Member '~' CITY OF OAKLAND PARK, F.A.C.E. Member SEC. 24-94 (A) SWALES SHALL BE MAINTAINED BY ABUTTING PROPERTY OWNERS. ®~ MAINTENANCE SHALL INCLUDE THE PRESERVATION OF ADEQUATE SO D AND SLOPE. ...Posts:. 38 __. _ _ _. _ IP Logged _ _ _ _. _ _ _ _ -Brian-Rewis __ _._---.Re:-Main#aining_Rightof-W-ay __ _. _. __ _-. __ .__r~_ _ ___._. Administrator ~ « Reply #4 on: Sep 21St, 2004, 11:44am » ~ Quote !~ Modify City of Lakeland Code FACE Administrator Sec. 86-2. When vegetable growth, etc., declared nuisance; duty of owner. ®~ The existence of excessive accumulation or untended growth of weeds, ~` Posts: 21 undergrowth or other dead or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon ,,,, - --- --- -------any-Iota--tl-aet or-Parcel-of-land-within-this-city,-be-it...un.cover_ed_or_..und-er.______. ___.__ _- open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, to ~. 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 and unlawful. For purposes of this section, any growth in excess of one foot in height is presumed to be and is prima-facie evidence of a public nuisance. As used in this article, "weeds" shall mean plants that by reason of abandonment, lack of care or lack of maintenance, choke out growth of other plant material in the area. Dead, dying or unattended plant life, named or unnamed, which is abandoned or overgrown shall, for the purpose of this Code, be defined as a weed. It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reasonably regulate and effectively control excessive growths and '""" accumulations on the property and on the portion of the adjoining public right-of-wav between the proaerty and the street. It shall also be the duty of the owner to drain swimming pools thereon, which shall be ~. rdw AGENDA ITEM #8B DECEMBER 13, 2004 unwelcome or unsanitary, have stagnant water thereon, or be in such other ~. condition as to be susceptible to producing disease or otherwise creating a hazard. ~ (Code 1960, § 15.05; Ord. No. 3328, § 2(15.05), 12-16-91; Ord. No. 3686, § 1, 11-20-95) IP Logged Reply ~ Notify of replies ~ Send Topic Print Pages: 1 '~" _> Ordinance and Legal Assistance ~ .' « previous topic I Next topic » ~w Florida Association of Code Enforcement Message Board » Powered by YaB6 1 Gold - SP 1.1! YaBB ©2000-2003. All Rights Reserved. WebSite Maintained by ePolk.com s