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ORDINANCE NO. 632
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR
CHANGES TO THE CITY CODE OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT
WILL ENABLE MORE EFFICIENT AND EFFECTIVE ENFORCEMENT OF CITY CODES;
PROVIDING FOR AMENDMENT TO SECTION 1-15, PUBLIC NUISANCE; 12-53,
ABANDONMENT OF MOTOR VEHICLES; 13-2, LITTERING; AND ADOPTING 13-4,
PROCEDURE FOR CITY ENFORCEMENT OF NON-IMMINENT HAZARDS; PROVIDING
FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in
the best interest of the public's health, safety and welfare to adopt amendments to and new Sections
of the City Code designed to provide for more efficient and effective Code Enforcement.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I
SECTION 1-15(a) - General penalty; continuing violations; violations as public nuisance; is hereby
amended as follows:
SEC. 1-15. General penalty; continuing violations; violations as public nuisance.
(a) Whenever in this code, or in any ordinance or resolution of the city, or rule, regulation or order
promulgated by any officer or agency of the city under authority duly vested in him of it, any act is
prohibited or is declared to be unlawful, or the doing of any act is required or the failure to do any act
is declared unlawful, and no specific penalty is provided for the violation thereof, the violation of any
such provision of this code or any such ordinance, resolution, rule, regulation or order shall be
punished by a fine of not more than five hundred dollars ($500.00). Each day any violation of any of
the provisions of this code or any such ordinance, resolution, rule, regulation or order shall continue,
and shall constitute a separate offense.
All other provisions of Section 1-15( a), shall continue in force and effect.
SECTION 12 -53. - Abandonment of Motor Vehicles prohibited; is hereby amended as follows:
SECTION 12-53 ABANDONMENT OF MOTOR VEHICLES PROHIBITED
No Person in charge or in control of any property, public or private within the city, whether an
owner, tenant, occupant, lessee, or otherwise, shall allow any derelict, disabled or abandoned vehicle to
be placed or remain on any roadway, street, alley, highway, private property, public property, public
right-of-way or easement unless such vehicle is within a completely enclosed building, or is on the
premises of an automotive repair or storage business for which the owner of the business has a current
city occupational license and zoning approval. However, a disabled vehicle may not remain on the
premises of an auto repair business or storage business in excess of 180 days. A vehicle covered with a
car cover does not constitute enclosure or storage of disabled vehicle.
EVIDENCE
A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or
abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty-
eight (48) consecutive hours, vehicle being wrecked, and/or inoperative as evidenced by vegetation
underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle
being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or
other major and visible parts, having major and visible parts which are dismantled, having no valid
license tag, or being in any physical state rendering it inoperable or unsightly to the neighborhood.
INTERPRETATION OF THIS REQUIREMENT
Nothing in this part shall be construed as permitting the disassembling, the tearing down or
scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another
vehicle.
RESPONSIBILITY FOR COMPLIANCE
The owner, agent and/or tenant of the property on which the violation occurs and the owner of
the disabled vehicle shall be jointly and individually responsible for compliance with the requirements of
this section.
ENFORCEMENT
When a disabled or abandoned vehicle is found to be in violation of this section:
(a) The Code Inspector shall place a written notice on the vehicle's window indicating that it is
in violation of this section and that it must be removed within ten (10) calendar days or it will be
subject to removal by the city. The Code Inspector shall make every reasonable attempt to ascertain
the owner of the vehicle and the owner of the property, and shall notifY such owner(s) with a written
notice delivered by personal service or mail at their current address, last known address or the address
appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less
than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, sufficiently
weatherproofed to withstand nonnal exposure to the elements.
(b) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or
the owner of the property or an authorized agent may appeal to the Director of Code Enforcement or
his/her designee. The Director of Code Enforcement or his/her designee shall determine the validity of
the violation and may for good cause extend the time for compliance or removal. If such an appeal is
made, no removal shall be required until after said appeal has been :finally determined.
(c) The property or vehicle owner(s) may appeal the Director's or his/her designee's final
decision to the Code Enforcement Board for a determination as to whether the property is subject to
removal.
(d) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar
day period, the Director or his/her designee shall cause such vehicle to be removed to a storage facility
approved by the City Commission and thereafter disposed of in accordance with applicable state law or
city ordinance.
(e) The authorization in this section for towing of abandoned and disabled vehicles shall not be
construed so as to negate the authority of the Code Enforcement Board to hear and adjudicate
appropriate cases.
VEHICLE ON PUBLIC PROPERTY
Not withstanding any of the foregoing, all vehicles which are located on public property shall
be towed and disposed of in accordance with notice and sale requirements of Florida Statute
705, as revised in the 1987 legislative session. To the extent that this Section 12-53 conflicts with any
portion of Florida Statute 705, the latter shall control as to any vehicles located on public property.
SECTION 13-2. Littering, is hereby amended as follows:
SECTION 13-2 LITTERING
(a) It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any
paper, bottles or pieces thereof: tin cans, garbage, glassware, refuse, debris or any other offensive,
unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley, playground,
vacant property or any other public grounds, or in or on the bank of any canal, stream, lake,
watercourse or pool within the city.
(b) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber,
wastepaper products, discarded building materials, or any unused abandoned vehicle, or abandoned
parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard,
garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him/her in the
city unless in connection with a business enterprise lawfully situated and licensed for the same.
(c) The existence of excessive accumulation or untended growth of weeds, 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 lot, tract or parcel ofland within this city be it uncovered or under 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, or threatens or
endangers the public health, safety, or welfure, or may reasonably cause disease, or adversely affects
and impairs the economic welfure of adjacent property, or any other objectionable, unsightly,
substance, or material tending by its existence and/or accumulation to endanger or adversely affect of
health, safety, lives, and/or welfure of the citizens of the city, is hereby prohibited and declared to be a
public nuisance and unlawful.
(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 property and on the portion of the adjoining public right-of-way between the
property and the street.
It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel including
swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant foul water thereon,
or be in such other condition as to be susceptible to producing disease or danger to the citizens of the
city.
(e) If the Director of Code Enforcement or his/her designee finds and determines that a public
nuisance as described and declared in subsections (c ),( d), hereof exists, he/she shall so notify the record
owner of the offending property and demand that such owner cause the condition to be remedied. The
notice shall be given by both physical posting on the property in the name of the property owner(s) and
by personal delivery or certified mail to the owner or owner(s) as their names and addresses are shown
upon the record of the Seminole County Tax Assessor. Notice shall be deemed complete and sufficient
when so physically posted and personally delivered or mailed.
The notice required by subsection (e) shall be no less than eleven (11) inches by seventeen (17) inches
and shall be green, attached to a wooden stake, and placed in front of the property visible from the
roadway, and contain the following:
1. Names(s) and addressees) of the owner(s) of the property, according to public records of
Seminole County, Florida.
2. Location of the property on which the violation exists.
3. A statement by the Code Inspector that the property has been inspected pursuant to Section
13-2 and that a violation of subsection (c), (d) has been determined
to exist on the property, which violation constitutes a public nuisance.
4. A description of the condition which causes the property to be in violation.
5. A requirement that the record owner of the property remedy the violation within fifteen (15)
days from the date of the notice, failing which the city will remedy the condition and assess
against the record owner the cost thereof plus an administrative charge.
6. A statement that, if the costs and administrative charge are not paid within thirty (30) days
of invoice date, a lien will be placed on the property which is enforceable by foreclosure on the
property.
7. A schedule of the charges which may be assessed against the record owner if the city has to
remedy the violation.
8. An estimate of the total cost, based on the schedule of charges, if the violation is remedied
by the city. Such estimate is not to be interpreted or construed as the final cost which may be
assessed, but only as a good fu.ith approximation of such cost. The final assessable cost may be
greater or lesser than the estimate.
9. A statement that the record owner of the property may, within fifteen (15) days from the
date of the notice, submit a written appeal, from the determination of a public nuisance, which
must contain all reasons, evidence and argument that the cited condition does not constitute a
violation.
10. Within fifteen (15) days from the date of the notice, the owner of the property may appeal
the determination of nuisance by submitting a written appeal to show that the condition does
not constitute a public nuisance. Such appeal shall be addressed to the Director of Code
Enforcement and shall state the name of the property owner, the location of the cited property,
and the grounds upon which the owner relies in order to show that the cited condition does not
constitute a public nuisance.
(t) Removal by city if after fifteen (15) days from the date of the notice no written appeal
has been filed and the condition described in the notice has not been remedied, the Director or his/her
designee shall cause the condition to be remedied by the city at the expense of the property owner. If a
written appeal has been filed and the finding of public nuisance is upheld, the Director of Code
Enforcement or hislher designee may cause the condition to be remedied by the city at the expense of
the property owner unless the City Commission otherwise directs.
1. If a written appeal has been filed and the finding of public nuisance is reversed, the city
will not assess any cost or administrative penalties against the property, although such
administrative penalties would otherwise be authorized by subsection (h) of this section.
2. In cases involving major nuisance conditions requiring immediate, direct action to abate
hazards imminently dangerous to the health, welfare or safety of the public, the city may, upon
Director of Code Enforcement authorization, cause the conditions to be immediately
remedied by city-authorized lot cleaning. Notice of said lot cleaning shall be given within five
(5) days after the lot cleaning and according to the procedures detailed in subsection (e) above,
except that the notice shall explain that the property contained hazards requiring
immediate remedy, that the property has already been cleaned, and that the property owner
has fifteen (15) days from the date of the notice to apply to City Commission to show why
costs of cleaning should not be assessed against his/her property. Said emergency lot cleaning
shall be at the expense of the property owner; However, the property owner may make a
written request for a hearing before City Commission as above provided within fifteen (15)
days from the date of notice that his/her lot had to be cleaned and that a charge is being
assessed therefore.
(g) After causing the condition to be remedied, the Director of Code Enforcement shall certify
to the Director of Finance the expense incurred in remedying the condition whereupon such expense,
plus a charge to cover city administrative expense, plus any administrative penalty as provided in
subsection (h), 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 eight percent
(8%) per annum from the date of such certification until paid.
1. Such lien shall be enforceable in the same manner as a tax lien in favor of the City of Winter
Spring may be satisfied at any time by payment thereof including accrued interest. Notice of
such lien may be filed in the office of the Clerk of the Circuit Court and recorded among the
public records of Seminole County, Florida.
2. If the subject property is secured by locks or otherwise, the city shall have the authority to
enter said property for purposes of remedying the violative condition, and any additional costs
incurred by the city in gaining access to the property or in resecuring the property after cleaning
shall be considered expenses of remedying the condition.
(h) In addition to the actual cost of remedying the violation cited under subsections (c) and
(d) the city may also assess a charge to cover administrative expenses incurred in securing and
monitoring the services of a private contractor to remedy the violation Said administrative charge shall
be reviewed and approved by City Commission at least on an annual basis.
1. If a second violation of subsections (c) and (d) is cited against the same property and
property owner within twelve (12) months from the date of the first citation, an administrative
penalty of one hundred dollars ($100.00) shall additionally be assessed five (5) days after the
second citation. If the condition is abated by the owner during that five (5) day period, the
penalty will not be assessed. If a third violation of subsections (c) and (d) is cited against the
same property and property owner within twelve (12) months from the date of the first
citation, an administrative penalty of two hundred dollars ($200.00) shall additionally be
assessed five (5) days after the third citation. If the condition is abated by the owner during that
five (5) day period, the penalty will not be assessed. Subsequent violations cited against the
same property and property owner shall be referred to the city's attorney for appropriate legal
action including, but not limited to, injunctive relief: in addition to enforcement as provided by
this chapter.
SECTION 13-4. Procedures for City Enforcement of Non-Imminent Hazards is hereby adopted as follows:
SECTION 13-4. Procedure for City Enforcement of Non-Imminent Hazards.
(a) In cases involving nuisance or hazardous conditions which require direct governmental
action to abate a serious and continuing danger to the public or occupants, including attractive nuisance
cases, and where the property owner or tenant fails to heed the notices and enforcement efforts made
by the city pursuant to article 1, Section 13, but where the emergency nature of the dangers to the
public is not so extreme as to warrant dispensing without notice to the property owner(s), then the city
enforcement officials shall proceed to:
1. Give notice, which may be combined with notice from the Code Enforcement Board
statement of violation and notice of hearing, which informs the property owner that an order
will be sought from the Code Enforcement Board for city work or contracted work to repair of
secure the property. The notice will prominently inform the property owner that failure to
repair the property or follow the Code Enforcement Board's orders may result in city work
which shall be charged as a lien against the property. The notice will describe the
conditions found by the enforcement officer to constitute a hazard or nuisance. The notice will
generally inform the property owner of the work of repairs to be done which will correct the
nuisance or hazardous condition(s).
2. If the owner still fails to cure the condition(s) by the time set for Code Enforcement Board
hearing pursuant to the above-detailed notice, then the enforcement officer shall submit proof
at the Code Enforcement Board hearing concerning the degree of danger of the condition( s)
to the public and the property owner's inability or unwillingness to cure such dangers, thus
necessitating public action to repair or secure property. The Code Enforcement Board may
render its order requiring the city to perform such work as is necessary to secure the property
or to render it safe.
3. The enforcement officer shall take such action as has been authorized by the Code
Enforcement Board to secure the property or render it safe, including the letting of contracts,
pursuant to city purchasing requirements, to repair or remove dangerous conditions and items.
The costs and expenses of such work shall be a lien upon the property, which lien may be
enforced by suit at law or upon proceeding in chancery.
4. Liens for such city contracted work shall be co-equal with all state, county and municipal
taxes and shall be superior in dignity to all other liens, titles and claims until paid.
5. Nothing in this section shall be construed to require city work to be done or to imply a duty
by the city to fix conditions which are the legal responsibility of the owner(s) of the property.
This section is supplementary to city and code board authority to order the property owner to
remedy nuisance conditions.
SECTION II - If any section or portion of a section of this ordinance proves to be invalid,
unlawful or unconstitutional, it shall be held to invalidate or impair the validity, force or effect of any
other section or portion of a section of this ordinance.
SECTION III - That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION IV - This ordinance shall take effect immediately upon passage and adoption.
PASSED AND ADOPTED THIS 25th DAY OF November, 1996.
John F. Bush
Mayor
ATTEST;
Margo M. Hopkins
CITY CLERK
FIRST READING October 28, 1996
POSTED October 29, 1996
SECOND READING AND PUBLIC HEARING November 25, 1996
Approved as to form and legality
Frank Kregzonboder
City Attorney
City of Winter Springs, Florida
The Orlando Sentinel
Published Daily
%52.36
~tatt of jflortba } 5.5.
COUNTY OF ORANGE
Before the undersigned authority personally appeared-flMli\\f11A ROSADO
, who on oath says
that he/she is the Legal Advertisin~Rel?r~~entative of The Orlando Sentinel, a dal!y
news~a er published at (ASS LtiERRY In
E - Count)'; Florida;
that the attached co!J5 of advertl.serpen~ being a t'U.o LIe
in the matter of OR INANC!:. l:J3c:
Court,
in the r-
was published in said newspaper in the issue; of ,J,
Affiant further says that the said Orlando Sentinel is a newspaper published at
(A~XEl?ERRY ,insaid
SEMINOLE County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
ea.ch ~eek Q1lY_an<;j b?s been entered as second-class mail matter at th~ po~t
offlc_e In Ca:S;~!:.LiERRY In said
~,t.MIN_tE County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the~-P-UJ:pose of securin this a rtisem~nt Jf~
publication in the said newfPaper. \ 1\. ~
The foregoing instrument was ac 1)'0 . Ie y of
NOVEM:eHB---9 . y
who is personally known to me and
(SEAL)
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; NOTICE OF PUBlic HEARING
- CITY OF WINTER SPRINGS,
FLORIDA
NOTICE IS HEREBY GIVEN by the City
Commission of the City of Winter
Sp,rings, FlorIda. that said Commission
WIll hold a Public Hearing on an Ordl.
nance entiUed as follows.:
ORDINANCE
AN ORDINANCE OF F
WINTER SPRINGS, IDA,
PROVIDING FOR CHANGES TO
THE CITY OF WINTER SPRINGS,
FLORI OAf: THAT WILL ENABLE
MORE E FICIENT AND EFFEC.
TIVE ENFORCEMENT OF CITY
CODE; PROVIDING FOR AMEND-
MENT TO SECTION 1.15, PUBLIC
NUISANCE; 12.53, ABANDON-
MENT OF MOTOR VEHICLES; 13-2
LITTERING; AND ADOPTION 13-4,
PROCEDURE FOR CITY EN-
FORCEMENT ON NON.IMMINENT
HAZARDS; PROVIDING FOR CON-
FLICTS, SEVERABILITY AND EF-
FECTIVE DATE.
This Public Hearing will be held at 7:30
p.m. on November 25, 1996, or as soon
thereafter . poi8ible in the Commis-
sion CIwnbn, Clly ...... 11. E. S.A,
434, WInlIr SpringI, FL 32708-2788.
C'::;': .. IlrOPCIIId ClrdInMc:e ...
aln the ofIlce llf the City CIe!Ic
for 1nIpeC\I(ln. InteFeIled partiee may
IPDMr at ... bIIrIna .nd 1M '-'a
... ,..,.. to tIIIit -ptapOMd Ord.
C'naWll1i"afeabllltles need!nll ...
lance to ~Pate In any of these pro-
ceedlng& shOuld COn1ac:t the Employee
Relallons Department ADA Coorainator
48 hoUrs In 8(lvance of the meetings at
(407) 327-1800.
PllfSOIlS are advlaad that n they decide
to appeal any dec:lslons made at these
meetlngs!heering&, they wUI need a re-
cord. of the. proc;eedlngs and for such
purpose, they may neeO to insure that a
verbatim rec:ora of the proceedings Is
made, whiCh Includes the testimony
and evIdenc:e upon which the appeal is
based, per Sec:lIon 286.0105 F.S.
SLS1218781 NOV.l0.1996