§ 18-216. Unsanitary vacant properties declared nuisances; enclosure required; action by city when owner fails to enclose.

(a)

The city commission finds and determines that there exists within the city numerous vacant lots and lots containing vacant buildings and structures whereon the excessive growth and accumulation of weeds, other plant life, trash and waste occurs in such manner as to cause infestation by rodents and wild animals, the breeding of mosquitoes and vermin and threatens or endangers the public health, or adversely affect and impair the economic welfare of adjacent property. Such properties constitute a public nuisance in the community.

(b)

The presence of a fence or wall surrounding vacant lots and lots containing vacant buildings and structures is a deterrent to the unauthorized and illegal use of such lots as dumping sites for trash, debris and waste.

(c)

The requirements set forth in this article are necessary to protect the public health, safety and welfare of the city.

(1)

Unsanitary vacant properties declared nuisances. The existence of excessive accumulation or untended growth of weeds or either dead or living plant life or any garbage or rubbish upon any vacant lot, tract or parcel of land or any land containing a vacant building or vacant structure and located within 200 feet of the boundary line of any improved property within the city, to the extent and in the manner that such property is or may 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, or adversely affects and impairs the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance.

(2)

Enclosure required.

a.

After June l, 1994, any vacant building, structure or lot which is not completely enclosed by a wall or a black or green vinyl-coated fence or is otherwise accessible through a compromised/breached gate, fence, wall, and the like, or accessible through a compromised/breached gate, fence, wall, and the like and which is found in violation of subsection (c)(1) of this section or of subsections 18-214(c)(1) and (2) by the city's code enforcement special magistrate or county court judge or any such vacant lot which has been cleared by the city due to the owner's failure to comply with lot maintenance requirements of this division on two separate occasions in any two-year period shall be enclosed by its owner by a wall or a black or green vinyl-coated fence to the maximum height allowed by. The code inspector shall notify such owner by certified mail when a wall or a black or green vinyl-coated fence is required pursuant to this section, and the owner shall have 45 days from receipt of such notice to cause the wall or a black or green vinyl-coated fence to be erected.

b.

If an owner believes that the code inspector has erred in determining that enclosure is required pursuant to subsection (c)(2)a., such determination may be appealed to the code enforcement special master. If the special master determines that enclosure is required, the owner shall have 30 days from the date of such determination to enclose the property.

c.

Where chapter 94 permits walls or fences to exceed five feet in height, the owner may choose to erect a wall or a black or green vinyl-coated fence exceeding five feet in height in keeping with that code. Walls or fences erected pursuant to this section shall also conform to all other requirements of this chapter and, including those pertaining to the type of fencing materials permitted.

(3)

Action by city when owner fails to enclose. If within 45 days after mailing of the notice, as stated in subsection (c)(2)a. of this section, or, if an appeal is requested, within 30 days of the determination of the special master as stated in subsection (c)(2)b. of this section, the required wall or fence has not been erected, the city administrator or his designee may cause the subject property to be enclosed by a black or green vinyl-coated five-foot fence at the property owner's expense. Chainlink fence shall be used for this purpose where permitted by chapter 94.

(4)

Unpaid costs to be special assessment lien. The mayor or designee shall certify the expense incurred by the city in enclosing the subject property whereupon such expenses, together with the applicable administrative fee, shall be billed to the property owner and shall become due and payable within 30 days of the mailing of such bill. Any such bill which has not been paid within the 30-day period shall become a special assessment lien upon the property, equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the property. Such lien shall be payable with interest at the legal rate from the date of the certification until paid, and may be foreclosed in the manner provided by law or ordinance. Assessments levied pursuant to this section may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. § 197.3632 or in the same manner as assessments for chronic nuisance service assessments.

(5)

Compliance. Notwithstanding anything contained in this section, and regardless of whether or not a property is enclosed by a wall or fence, property owners shall be required to comply at all times with the requirements of chapter 18, article IV, including the requirement to keep properties clean.

(Ord. No. 4410-12, § 4, 3-5-2012; Ord. No. 4505-14, § 1, 2-3-2014)