2006 TRASHY LAWN ORDINANCE:
The Town had to have a special ordinance for trashy lawns because the Town could not enforce the zoning codes also known as MO-98-01. This was because Joe dismantled the pool and had debris on the front lawn.
An ordinance providing for the maintenance of lots of real property located in the Town of White Springs, Florida providing for definitions; providing for penalties for violation and civil remedies; providing for declaration of nuisance and abatement of nuisance; providing for appointment of enforcement official; providing for appeal and for establishment of liens; providing for the repeal of all ordinances or parts thereof in conflict with the provisions of this ordinance, providing for severability; and providing an effective date.
PURPOSE: To establish procedures for the Town to inspect lots and to require the owners to maintain the lots in conformance with this Ordinance.
SECTION 1 – DEFINITIONS: Varies from council to zoning enforcement, but let me give you a couple:
Nuisance Weeds means grass, weeds, brush and undergrowth which grown in an uncontrolled manner or not cared for or regularly maintained which reach a height in excess of fifteen (15) inches.
Waste means garbage, rubbish and refuse from residential, commercial or industrial activities including kitchen and table food waste, animal or vegetative waste….paper, wood, scraps, cardboard, clothes, glass, rubber, plastic, discarded automobiles, tires, or fixtures, household goods or appliances, toys, tools or equipment and similar material.
SECTION 2 – PENALTY:
If the zoning enforcement official finds violations, he’ll notify the property owner in writing, indicating the nature of the violation and order any action necessary to correct it. Any person found guilty of a violation shall be punished.
SECTION 3 – CIVIL REMEDIES:
The Town Council may institute in any Court or before any administrative board of competent jurisdiction, action to prevent, restrain, correct or abate any violations who will adjudge to the Plaintiff such relief by way of injunction or any other remedy allowed by law to fully effectuate the regulations adopted and orders and rulings made pursuant thereto.
SECTION 4 – APPLICABILITY:
Applicable to the incorporated areas of the Town of WS
SECTION 5 – DECLARATION OF NUISANCE:
The following shall individually or in combination be considered a nuisance (1) Nuisance weeds, excluding trees and planted ornamental shrubs, which exceed 15 inches in height which impair the economic welfare of property, contribute to a fire hazard and/or create a health hazard (2) Accumulation of waste, yard trash, or rubble and debris (3) Accumulations of waste, yard trash or rubble and debris that may harbor rats or snakes or that may contain pools of water that may serve as breeding grounds for insects or other disease vectors.
SECTION 6 – NUISANCE ABATEMENT REQUIREMENTS:
Shall be abated in the following manner (1) if the nuisance consists of accumulations of waste, yard trash rubble and debris, it shall be abated in its entirety. (2) if nuisance weeds…shall be abated in its entirety (3) entirely abated provided it lies upon a previously cleared or improved lot adjacent to a developed lot.
SECTION 7 – ENFORCEMENT OFFICIAL
The zoning enforcement official…empowered and directed to inspect land on which a nuisance is suspected to exist; to receive all complaints of a violation and to enter upon real property in the conduct of official business.
SECTION 8 -NOTICE TO CORRECT VIOLATION:
ZONING OFFICIAL SHALL NOTIFY THE RECORD OWNERS BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR SUCH NOTICE SHALL BE SENT TO THE LAST AVAILABLE ADDRESS OF THE OWNERS OF RECORD AS FOUND. The owner shall have 21 days from receipt or delivery of the notice to correct the nuisance. The notice shall have a right to appeal…and that said payment of the fee in accordance with section 9 shall be filed within 15 days of receipt or delivery of the notice from the zoning enforcement official.
SECTION 9 – APPEALS
Within 15 days after the receipt or delivery of the notice, the owner may make a written request for a hearing before the Town Council to appeal the decision of the zoning enforcement official and show that the condition alleged does not exist or that such condition does not constitute a nuisance. Filing of such appeal shall toll the 21 day period to correct the nuisance until the decision of the Town council is rendered. Failure to notify or to timely appear for the hearing shall be deemed a waiver of the low owner’s right to appeal. The Town council shall render a decision on said hearing. To defray the expense of processing an appeal to the Town Council, the fee for said appeal shall be $50.00. However, the Town council shall refund the appeal fee to the applicant if the town council concurs with the applicant in its decision. The owner shall have exhausted his administrative remedies.
SECTION 10 – POSTING OF LOT: ABATEMENT OF NUISANCE BY TOWN
If no appeal is filed or the notice is returned undelivered upon the expiration of the 21 say period after receipt or attempted delivery, the zoning enforcement official shall inspect the lot to ascertain whether or not the nuisance has been abated. If still a nuisance, the returned document must be posted in a conspicuous place. After ten days following the positing, the zoning enforcement official shall abate said nuisance. The Town shall not be required to have any lot mowed or cleared or the nuisance abated by its contractors or agents more than two times per year.
SECTION 11 – ASSESSMENT OF COSTS OF ABATEMENT; IMPOSITION OF LIEN
As soon after such abatement is provided for, the cost plus $100.00 to defray administrative and operating expenses for abating the nuisance on each lot, shall be calculated and invoiced by the zoning enforcement official to the lot owner. The invoice is due and payable upon the date of the mailing of said invoice. The zoning enforcement official shall levy a special assessment lien in the amount of such cost plus administrative expenses against such lot. Until payment is complete, such assessments shall be a legal, valid and binding obligation upon the property. Thirty days after filing of the lien, interest shall begin to accrue at the rate of 9% per annum on any unpaid portion thereof.
(Omitted: Recording of lien; effect of lien; satisfaction of lien; )
ORDINANCE NUMBER 08-03
ORDINANCE DECLARING THE ACCUMULATION OF WEEDS, UNDERBRUSH, UNDERGROWTH, GARBAGE, WASTE AND TRASH UPON REAL PROPERTY A NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF:
Owners, agents, custodians, lessee or occupant of a lot containing Weeds, underbrush or undergrowth more than 12 inches high, etc. will send a notice of the violation to remove or cause to be removed from such property. Upon failure, the Town Manager is authorized to cause the weeds, underbrush or undergrowth to be cut and removed as well as the garbage waste and trash to be removed by Town employees or by independent contractor. Service charge $25.00 shall be payable to the Town within 30 days of the date of billing. Notices will be sent certified mail. Upon failure to pay, the Code Enforcement officer is authorized to cause enforcement action for the collection of the assessment and compliance by the Special Magistrate of the Town of White Springs, FL. March 11, 2008.
ORDINANCE NO: 07-09
- Ordinance prohibiting abandoned or junked motor vehicles or motor vehicle accessories; on property, streets, highways or right-of-ways;
- Providing for time periods which upon expiration constitute prima facie evidence of abandoned or junk motor vehicles or accessories; (when there for more than 48 hours without being moved.)
- providing for the removal of the abandoned or junk vehicles and accessories; (by wrecker service and stored in a legal authorized storage yard; within 24 hours of removal send by certified mail or personal delivery a notice to the owner)
- requiring payment of costs for removal and storage; (by owner)
- directing the method and manner of removal and storage;
- providing for permitted storage of abandoned or junk motor vehicles and accessories;(unlawful to store or permit vehicle to remain on any property within the Town for a period of more than 15 days and to move it to any public street, highway or right of way for purpose of storage) (ordinance doesn’t apply if in a totally enclosed building, junk yard, auto repair shop-unless over 60 days) or if stored in the rear yard of said residence)
- prohibiting certain repairs in areas zoned for residential purposes;
- providing for notice to owners of abandoned or junk motor vehicles or accessories which have been removed by the town; (must appear before the Special Magistrate and punishable as ordered)
- providing penalties for non-payment and method of collection; providing for severability and an effective date. November 13, 2007
- Ordinance adopting rules and regulations relating to the parking of vehicles within the Town of White Springs Florida
- Adopting procedures regarding sidewalk maintenance within the Town of White Springs
- Providing for severability and an effective date. August 19, 2003
SECTION 1- ANGLE PARKING:
Upon streets marked or signed for angle parking vehicles shall be parked at the angle to the curb
SECTION 2 -PROHIBITED USE OF PARKING AREAS
No person shall stand or park a vehicle upon any roadway for the purpose of (a) Displaying it for sale; (b) washing, greasing or repairing the vehicle except repairs necessitated by emergency; (c) Displaying advertising (d) Selling merchandise from such vehicles except when so authorized or licensed under the Ordinances of the Town; (e) storage, junkage, dead storage for more than twenty-four (24) hours (f) Upon any sidewalk, right of way or swalls (birm) of the Town. Pursuant to hardship case due to unique characteristics of a property lot, the owner can request a variance from the Town Council. (g) Shall be unlawful to park or stop any vehicle in such a manner as to obstruct the free use of the streets by other vehicles or in such a manner as to impeded traffic on the streets.
SECTION 3 – IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES
The Chief of Police or any Police officer of the Town is authorized to take up or cause to be taken up or removed to a location designated by the Chief of Police. Further authorized and empowered to keep said vehicle in such place so designated until all fines and charges assessed from moving and storage against the owner and the vehicle have been paid or satisfactory bond arranged and provided to the Chief of Police.
Further the Chief of Police or any Police Officer of the Town may cause to be impounded and removed from public streets, city parking lots or areas: (a) Any vehicle with 3 or more parking citations for unlawful or illegal parking which citations have been outstanding for more than 30 days (b) Any stolen vehicle or one subject to seizure and/or forfeiture under the laws (c) any vehicle, the continued presence of which, because of physical location or condition of the vehicle poses a danger to public safety or to the vehicle.
SECTION 4, REGULATION OF SEMI TRUCKS AND TRAILERS:
PURPOSE: To regulate parking anywhere within the Town limits including streets, public property and private property within the Town Limits.
- Parking of semi trucks and semi trailers on private property is prohibited in the Town unless the property is zoned to allow such parking or otherwise indicated.
- Parking of semi trucks and semi trailers upon streets and other public property (Semi’s shall not be parked on public streets or other public property in any zoning district of the town except for purposes of pick-up or delivery. Then they may be parked for up to 30 minutes.) (When a person is relocating the contents of a building, pick-up or delivery by a semi truck may continue for up to 8 hours. The Chief of Police or designated rep may grant an extension not to exceed 24 hours)
- Semi Trailers not connected to semi trucks shall not be parked on public streets or other publicly owned property in any zoning district within the Town.
Parking of single semi trucks and semi trailers upon private property – no owner of private property may allow parking on private property in any zoning district in the town which does not specifically provide for parking of semi trucks or trailers without obtaining a special exception for parking. An owner would have to obtain a special exception from the Town prior to allowing parking and those exceptions will follow the Town’s Land Development Regulations.
ENFORCEMENT PROCEDURES AGAINST SEMI TRUCK AND TRAILER OWNERS AND DRIVERS:
- Enforcement may result against either or both the semi-truck trailer owner and driver
- Enforcement shall be by Town police officer or police employee
- Police officer may take possession of or cause to be removed to a place designated until all fines and charges assessed for moving and storage have been paid or satisfactory bond arranged. Impoundment shall be paid by the semi truck/trailer driver before the vehicle is released.
SECTION 5 – SIDEWALK MAINTENANCE:
- Town shall bear the cost of maintenance, repair or replacement due to age or ordinary wear and tear.
- Where sidewalks are damaged or destroyed or in need of maintenance, repair or replacements such as but not limited to heavy truck traffic, parking on sidewalks or construction projects on the adjacent property, it shall be the duty of the adjacent property owner to maintain at the expense of the adjacent property owner.
PENALTIES FOR VIOLATION OF ORDINANCE:
If the operator of the vehicle cannot be determined, the owner shall be cited for violation of this section. Such fines shall not exceed $250.00
Fine must be paid in 10 days of issuance of citation (not including Saturday and Sunday or legal holidays) there will be a late payment which shall be double the amount of the original fine payable to the town. If not paid in 10 days, the fine including the late payment will be assessed per violation against the registered owner of the vehicle.