Cape Coral Mowing Ordinance

9-16 Prohibited conditions on private real property. It shall be unlawful for any person to do, perform, have, allow, suffer or permit on his or her property or property under his or her control by rent, lease or otherwise, any of the following, the enumeration of which are merely indicative of the nature and type of conditions prohibited hereunder, and shall not be deemed to be exclusive.

a) Obnoxious growths and refuse and litter. To allow, suffer or permit weeds, grass, vines, palmetto scrub or other noxious vegetable growths to grow or otherwise accumulate to a height of 12 inches or more; or to allow, suffer or permit litter such as trash and/or garbage such as table scraps, debris, bottles, paper, cans, rags, bricks, concrete, scrap lumber, building debris, dead or decayed fish, fowl, meat or other animal matter, fruit, vegetables, offal or other refuse of any nature whatsoever to accumulate upon any premises or land within the city, regardless of whether the premises or land is occupied or unoccupied;

9-43 Nuisance grasses and weeds. The purpose of this section is to provide an effective procedure to promptly notify property owners of the existence of nuisance grasses and weeds located on their private property. This section is intended to direct and provide for the removal of nuisance grasses and weeds on private property in a timely manner to preserve the health, safety and welfare of the citizens of the city and to preserve and enhance the aesthetic value of real property within the city. (a) Definitions. For purposes of this section, the terms listed below shall have the following meanings unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in the plural include the singular and words in the singular number include the plural. The word shall is always mandatory and not merely discretionary. CITY COUNCIL. The governing body of the City of Cape Coral. DIRECTOR. The Director of the Department of Community Development, or such designee as he or she may appoint to carry out the administration and enforcement of this section. NUISANCE GRASSES AND WEEDS. Grasses and weeds which are not regularly cared for and maintained, which exceed 12 inches in height. PRIVATE PROPERTY. Any vacant lot, any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes or non-residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall

include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. SPECIAL MAGISTRATE. The Code Enforcement Special Magistrate appointed by City Council. (b) Nuisance declared. It is hereby declared and determined by the Cape Coral City Council that grasses and weeds in excess of 12 inches in height which impair the economic welfare of property, constitute a fire hazard or create a health hazard, and shall constitute a nuisance. (c) Prohibitions. No person, firm, partnership, corporation, trust or estate, nor any other business entity, shall permit nuisance grasses and weeds as defined in this section to exist within the City of Cape Coral. (d) Investigating and enforcing authority. The Director of the Department of Community Development or the Directors designee (hereinafter referred to as Director) is empowered to investigate and enforce the provisions of this section which prohibit nuisance grasses and weeds on private property. The Director is hereby directed and empowered to inspect private property where a nuisance is suspected to exist and to receive all complaints of a violation of this section and to enter upon real property in the conduct of official business pursuant to this section. The Director is responsible for providing notice to all land owners affected by operation of this section and shall take any other action necessary to enforce this section. (e) Abatement procedure. (1) Mowing required. Any property owner who maintains nuisance grasses and weeds on property, as described in this section, shall be required to remove such nuisance by mowing that portion of the land covered by nuisance grasses and weeds. (2) Inspection of land; notification of violation. The Director is empowered to inspect lands on which a nuisance or violation of this section is suspected to exist. In the event inspection reveals the presence of a nuisance accumulation, the Director shall cause a notice to be mailed by certified mail, return receipt requested, and physically posted on the property upon which the nuisance accumulation exists. The notice shall state: a. A description of the public nuisance; b. The time period allowed for termination of the nuisance accumulations; c. The time period allowed for a written request for hearing before the Code Enforcement Special Magistrate; and d. That the property owner shall be responsible for all costs associated with the termination of the public nuisance by the city and that nonpayment of the costs as required in this section, may result in a lien being placed on the property for the total costs of abatement. For purposes of this section, the mailing of the notice shall be sufficient proof thereof, and the posting or delivery of notice shall be equivalent to mailing. For the purpose of notice requirements to a property owner, the owner shall be deemed to be the owner recorded on the

current tax records in the office of the Lee County Property Appraiser. If the notice is returned as unclaimed or refused, or if the mailing address of the owner is insufficient, or the property is unoccupied, the posted notice on the property shall constitute sufficient notice to the owner and no additional notice shall be required for any action hereunder. (3) Hearing. Within ten days after the date of mailing the notice as provided in this section, or the delivery, service or posting thereof, as the case may be, the owner of record of any property, or any person having an interest therein, shall have the right to make written petition for a hearing before the Code Enforcement Special Magistrate. The Clerk shall schedule the matter for hearing during the next regularly scheduled meeting of the Code Enforcement Special Magistrate and provide notice thereof to the petitioner, who may appear to show: a. That the public nuisance does not exist or why the public nuisance does not threaten or endanger the public health, welfare or safety. b. Why the public nuisance cannot be terminated within the time period stated in the notice. c. Why the public nuisance should not be removed, terminated and abated by the city and a special assessment lien placed on the property. At the hearing, the city and the petitioner may introduce witnesses as deemed necessary. Documentary evidence may be presented in support of or in defense of the charge. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. The decision of the Code Enforcement Special Magistrate shall be final. (4) Reinspection of premises. Upon expiration of the period given to either abate the violation or to request a hearing, the Director shall reinspect the described premises. If the Director determines that the subject parcel of land has not been properly cleared or that the nuisance grasses and weeds have not been properly disposed of after the owner has been notified of the violation as provided above, then the Director may forthwith abate the nuisance. In addition to or in lieu of abatement, the Director may, in his or her sole discretion, seek imposition of either the civil or criminal penalties, or both, against the owner as set forth herein. The Directors election to abate a nuisance as provided herein shall not act to bar him or her from also seeking the imposition of penalties. (5) Abatement by city. In order to abate the nuisance accumulation, the Director is, through his or her agents or contractors, authorized to enter upon the property and take such steps as are reasonably necessary to abate the nuisance; however, the city shall not be required or obligated to do so. As soon after abatement as feasible, the city's cost to clear the parcel and properly dispose of the nuisance accumulation, including administrative and operating costs, shall be calculated and a bill representing the entire cost of the abatement shall be prepared and forwarded to the owner at the owner's last known address. The bill shall provide full detail of the services rendered and costs incurred in abating the nuisance. The bill shall demand payment within 30 days of the date the bill is mailed and shall include a statement that failure to pay in full within the 30 day period or to request, in writing, an opportunity to contest the bill before the

City Council, will result in the city filing an involuntary lien against the property. The bill shall be delivered to the owner by U.S. Mail, Return Receipt Requested or by hand delivery. In the event that a property owner does not respond to the request for payment within 30 days of the billing date, the city will place an involuntary lien on the property. (6) Right to contest imposition of involuntary liens. Any property owner who desires to contest the imposition of an involuntary fee lien must submit a written request to the Director of Financial Services within 30 days from the date the bill for unpaid nuisance abatement fees was mailed or hand delivered by the city. The request shall be scheduled for City Council consideration as soon as practicable. The City Council, after hearing from the property owner and staff, shall determine whether to modify or correct any proposed lien. The property owner shall have 15 days from the date of the City Council action to pay the full amount of the nuisance abatement fees found by the City Council to be due. Failure to pay the fees in full within said 15 day period shall result in the execution and recording of an involuntary lien by the City Manager or designee for the amount due. (7) Imposition of lien for delinquent nuisance abatement fees. If the owner has not paid the nuisance abatement fees in full within 30 days of the date the bill was mailed or hand delivered, and the owner has not submitted a written request to the city to contest the billing in front of the City Council, the City Manager, or his or her designee, shall execute and record a lien against the property for the amount of the nuisance abatement fees remaining due plus a lien recording fee. The nuisance abatement fees contained in the lien shall bear interest at the rate provided for in F.S. 55.03(1) for interest on judgments. Said lien shall be of the same nature and to the same extent as a lien for general county and municipal taxes falling due in the same year or years said fees were due. Such lien shall be superior in dignity to all other liens, titles, and claims, until paid. Any liens placed against real property pursuant to this section may be foreclosed upon by the city in a manner provided by state law for the foreclosure of mortgages on real property if the lien remains unpaid for 30 days. Owners of property against whom a foreclosure action is commenced shall be liable for all fees, costs, and expenses incurred by the city or its agents, including reasonable attorneys fees. (8) Release of lien. Owners who have paid their lien in full shall, upon request, be entitled to a release of lien from the city. The recording of the release of lien and any charges therefor shall be the responsibility of the property owner. (9) Any informality or irregularity in the proceedings to impose a lien for abatement costs shall not affect the validity of the same and no deviation from the procedures prescribed hereunder shall affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. (10) Nothing herein shall prohibit the city from utilizing other means to collect delinquent abatement costs including, but not limited to, an action for damages filed with the appropriate court in Lee County. (e) Supplemental provisions. Nothing in this section shall be construed to prohibit the city from enforcing these provisions by any other supplemental means as may be allowed by law.

(f) Penalties. (1) Generally. Any person, organization, society, association or corporation, or any agent or representative thereof, who violates any provisions of this section shall, upon conviction, be subject to the following penalties: a. Criminal penalties. 1. A fine not to exceed $250 per day; 2. Imprisonment in the county jail for a term not exceeding 60 days; or 3. By both a fine and imprisonment. b. Civil penalties. 1. The city shall be entitled to injunctive relief to enjoin and restrain any person from violating the provisions of this section; and 2. Prosecution before the Code Enforcement Special Magistrate; and 3. Any other relief available pursuant to law. (2) Continuing violations. Each day that a nuisance accumulation continues to exist shall constitute a separate offense, punishable as provided above.