FORT MYERS MOWING ORDINANCE ARTICLE III.

JUNK, TRASH, GARBAGE, WILD GROWTH* __________ *Cross references: Solid waste, ch. 70; vegetation, ch. 138. State law references: Florida Litter Law, F.S. 403.413. __________

Sec. 54-116. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Garbage means any waste parts of food or other discarded animal or vegetable matter subject to bacterial decay. Junk means unsightly, worn out, dilapidated or discarded material of little or no residual value, including but not limited to scrap metal, scrap lumber, wastepaper products, cans, bottles, plastics, household appliances or furniture, discarded building materials, or other debris, the accumulation of which has an adverse effect upon neighborhood or city property values, health, safety or general welfare. Trash means broken parts of trees, prunings, clippings, or other pieces or fragments of vegetative matter. Wild growth means weeds, grass or underbrush in excess of 12 inches in height. (Code 1991, 11-90; Ord. No. 3078, 2, 8-5-2002) Cross references: Definitions and rules of construction, 1-2. Sec. 54-117. Accumulations. (a) The accumulation of junk, trash, garbage, filth or other noxious matter, or wild growth upon property within the city constitutes a nuisance and a menace to the public health and safety of the city and its inhabitants, and the city is hereby authorized to abate the same in the manner hereinafter provided. (b) No person in charge or control of any object or condition within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any such object or condition defined as a nuisance by this section to remain on any private or public property within the city, nor shall the owner or person in control of real property within the city allow such condition or object on the property. This section shall not apply to any object which is kept out of sight in a fully enclosed building, or where the object or condition is on the property of a business which has a specific and licensed purpose consistent with the storage, maintenance or display of such object or condition and which is being operated lawfully as provided by this Code.

(Laws of Fla. ch. 57-1324, 1; Code 1991, 11-91; Ord. No. 3078, 3, 8-5-2002) Sec. 54-118. Notice to clear land. The city council shall cause to be published, in a newspaper regularly published and in general circulation within the city, during the months of March and October in each year hereafter, one display advertisement during each of the above months, which notice shall read substantially as follows: ATTENTION OWNERS, AGENTS, CUSTODIANS, LESSEES AND OCCUPANTS OF REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF FORT MYERS: YOU are hereby notified that you are required by law to cut and keep cut, to a height not exceeding 12 inches, all wild growth on any property owned, controlled or occupied by you in the City of Fort Myers and also to remove any junk, trash, garbage, filth or other noxious matter located upon your property. If you fail to do so, the City of Fort Myers is authorized to cut said wild growth and remove any junk, trash, garbage, filth or other noxious matter from your property. The costs for mowing or removal by the city and any administrative fees attendant thereto shall be assessed against the property. Nonpayment of these costs will result in a lien against your property. City Council, City of Fort Myers (Laws of Fla. ch. 57-1324, 2; Code 1991, 11-92; Ord. No. 2809, 1, 6-16-1997; Ord. No. 2998, 1, 116-2001; Ord. No. 3078, 4, 8-5-2002) Sec. 54-119. Clearance of lands required. (a) All owners, agents, custodians, lessees and occupants of real property within the city shall, in accordance with the notice set forth in section 54-118, cut and keep cut, to a height of not exceeding 12 inches, all wild growth on any property owned, controlled or occupied by them within the city and shall remove any junk, trash, garbage, filth, abandoned automobiles and appliances, or other noxious matter located upon such property, except that owners, agents, custodians, lessees and occupants of property which exceeds five acres contiguously located under common ownership shall be required to cut and keep cut, to a height of not exceeding 12 inches, all wild growth on a strip 100 feet wide around the perimeter of such property which fronts on a public street, drainage or utility easement, or is contiguous to occupied property, and to remove any junk, trash, garbage, filth, abandoned automobiles and appliances and other noxious matter on the entire property. (b) All owners, agents, custodians, lessees and occupants are deemed to control the easements, alleys and rights-of-way adjoining or abutting such real property for the purposes herein stated. (c) The building official will make reasonable efforts to contact a property owner or agent of vacant property, by first class mail, of the existence of wild growth, junk, filth, trash or garbage on the property. The notice may be sent to the last known property owner, as determined by the county property appraiser's records, that a violation exists, and said owner shall have ten days from the date of the notice to abate said violation. If such violation is not abated in the specified time, the wild growth shall be cut or caused to be cut by the city and/or the junk, garbage, filth or trash removed, as referenced in subsection (a) of this section, and the property owner shall be assessed for the actual cost of service, plus an administrative fee in the amount of $35.00.

(Laws of Fla. ch. 57-1324, 3; Code 1991, 11-93; Ord. No. 2093, 1, 2, 6-11-1979; Ord. No. 2998, 2, 1-16-2001; Ord. No. 3078, 5, 8-5-2002) Sec. 54-120. Noncompliance; action by city. (a) Upon the failure of any owner, agent, custodian, lessee or occupant of any real property upon which wild growth shall be permitted to grow or remain to cut and keep cut the wild growth to a height of not exceeding 12 inches, or upon the failure of any owner, agent, custodian, lessee or occupant of real property to remove any junk, trash, garbage, filth or other noxious matter located upon such real property in accordance with the provisions of section 54-119, the city is authorized to cut and keep cut such wild growth and also to remove any junk, trash, garbage, filth or other noxious matter and to assess the actual cost or expense thereof against the property for any of such work so done thereon. (b) The repeated failure of any owner, agent, custodian, lessee or occupant of real property to comply with this article shall result in the issuance of a citation by the code enforcement department. The penalty for the issued citation shall be as provided in section 2-442. For the purpose of this section, a repeated failure shall be deemed applicable if more than one violation occurs in any 24-month period. (Laws of Fla. ch. 57-1324, 4; Code 1991, 11-94; Ord. No. 2809, 2, 6-16-1997; Ord. No. 3078, 6, 85-2002) Sec. 54-121. Notice of assessments for work done by city; hearing of objections. Upon the completion of any work in connection with the abatement of any nuisance as provided in section 54-120, the building official of the city shall cause to be prepared an order of lien, showing the name of the owner(s) of the property upon which the nuisances have been abated, and a description of each lot or parcel of land proposed to be assessed for the cost or expense of abating such nuisances, and the amount proposed to be assessed against each lot or parcel of land. A list, from time to time made, shall be prepared for that purpose, which shall contain an appropriate column in which payments may be credited. The lien shall be recorded as provided in section 54-123 and shall constitute notice to the public of the lien against the land so assessed. No error, omission or mistake in regard to the name of the owner shall be held to invalidate any assessment. Such assessment list shall be kept in the office of the city clerk, and as fast as any assessment list has been made, it shall be delivered to the city clerk. The code enforcement board will meet to hear and determine any objections or defenses that may be filed in writing to such assessments, or the amount thereof. (Laws of Fla. ch. 57-1324, 5; Code 1991, 11-95; Ord. No. 2809, 3, 6-16-1997) Sec. 54-122. Conduct of hearing; confirming assessments; priority of lien. The owner of any real estate assessed for the improvement, or any party having an interest therein, may appear at the time and place fixed for the hearing, and be heard on the written objections to the proposed assessment against the property, or to the amount thereof. The code enforcement board shall hear and determine all objections and protests to the proposed assessments under such reasonable rules and regulations as it may adopt. The code enforcement board shall have the authority to issue subpoenas for witnesses to appear before it and to administer oaths to the witnesses to be examined. At such meeting, or at any adjourned meeting thereof, the code enforcement board may alter, change and correct any assessments; provided, however, that no assessments shall be increased without notice

to the owner of the property and to all persons interested therein. The code enforcement board shall, by order of lien, approve and endorse all assessments as finally fixed and adjusted at such hearing and such assessments shall, from the date of such confirmation, constitute a lien on the respective lots or parcels of land, or other real property upon which they are levied, superior to all other liens, except those for state and county taxes to which they are equal. All persons who fail to appear or object in writing to the proposed assessments in the manner herein provided shall be deemed to have consented to and approved the same. (Laws of Fla. ch. 57-1324, 6; Code 1991, 11-96; Ord. No. 2809, 4, 6-16-1997; Ord. No. 3062, 1, 415-2002) Sec. 54-123. Record of liens in circuit court. An order of lien of unpaid assessments, or portions thereof, as finally confirmed by the code enforcement board, shall be recorded in the office of the clerk of the circuit court of the county, and the liens evidenced thereby shall be indexed by such clerk in the same manner as other liens are indexed by him. (Laws of Fla. ch. 57-1324, 7; Code 1991, 11-97; Ord. No. 2809, 5, 6-16-1997) Sec. 54-124. Contest of assessments; limitation. For the period of 30 days after the date of the confirmation of any special assessment, any person aggrieved, and who shall have filed written objections to such assessment as hereinabove provided, shall have the right to contest the legality thereof, by suit, action, writ or special proceeding, after which time, no suit, action, writ or special proceeding in any manner questioning the legality of the special assessment shall lie for any cause whatsoever. (Laws of Fla. ch. 57-1324, 8; Code 1991, 11-98) Sec. 54-125. Payment of assessments; interest. For the period of 30 days after the date of the confirmation of any special assessment, the same may be paid without interest. Thereafter, the amount so fixed, together with interest at the maximum amount permitted by state law, and costs of collection, shall continue to be a lien against such real property until paid. (Laws of Fla. ch. 57-1324, 9; Code 1991, 11-99) Sec. 54-126. Collection of delinquent assessments. (a) If any assessment shall be in default for a period of 30 days, it may be collected by the city in the same manner as is or may be provided by law for the collection and enforcement of taxes levied upon such property; or the city may enforce the same by a suit in equity, in which suit there shall be allowed a reasonable attorney's fee and all costs of such suit. (b) In the proceeding provided for in this article, the owner or owners of the land, and any person interested therein, if they can be ascertained, shall be parties defendant. If the owner or owners, or parties interested, cannot be ascertained after diligent inquiry, the proceedings shall be against the

property on which the lien is claimed without mentioning any party as defendant. In such case, service shall be had by publication as provided by law in other chancery suits. (c) The city may also enforce the collection of any assessment in default by a foreclosure of the same under the provisions of F.S. ch. 173, and under any other laws of the state. (Laws of Fla. ch. 57-1324, 10; Code 1991, 11-100) Sec. 54-127. Enforcement rules and regulations. The city council is authorized and empowered to adopt and promulgate, by ordinance or resolution, such reasonable rules and regulations as may be necessary to carry out and enforce the purposes of this article. (Laws of Fla. ch. 57-1324, 11; Code 1991, 11-101) Sec. 54-128. Supplemental nature of proceedings. This article shall not repeal any other statute, nor any ordinance of the city relating to the subject matter hereof, but shall be deemed to provide a supplemental, additional and alternative method for the abatement of the nuisances herein specified and shall be liberally construed to effectuate its purpose. (Laws of Fla. ch. 57-1324, 12; Code 1991, 11-102) Secs. 54-129--54-155. Reserved.