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Item K2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: Growth Management Bulk Item: Yes X No — Department: Code Compliance Staff Contact/Phone#: Cynthia J. McPherson 289-2508 AGENDA ITEM WORDING: Adopt Resolution approving Procedure for the abatement of overgrown canal vegetation that impedes safe navigation and overgrown dry lot vegetation that is unsafe or unsanitary. ITEM BACKGROUND: The goal of the Code Compliance Department is to protect the health, safety and welfare of property owners within Monroe County by obtaining compliance with established codes. The Special Magistrate lien process ultimate goal is compliance. However it has become evident that the code and or Special Magistrate process may not gain compliance as quickly as necessary for the removal of hazards caused by: overgrown vegetation impeding safe navigation on residential canals; and/or overgrown vegetation on dry lots which tends to create a breeding place for snakes, rodents, insects, vermin, or a fire hazard endangering lives and property of the residents of the county. Foreclosure actions and bankruptcy actions on the properties often impede timely compliance by property owners. As directed during the May 21, 2014 Board of County Commission meeting, staff has developed an alternate process and procedure attached to abate unsafe and unsanitary conditions due to this vegetative overgrowth, which would allow County Staff to use a licensed vendor to remove vegetation and further lien the responsible property owners for these costs. This procedure is essential to the public interest,and is intended to eliminate unsafe and unsanitary conditions in an effective and efficient manner. PREVIOUS RELEVANT BOCC ACTION: At a BOCC meeting on May 21, 2014 in Key Largo, the BOCC discussed staff-recommended options to address overgrown vegetation on canals and dry lots. These options included: Option I —Direct Staff to develop an Overgrown Vegetation Program whereby County fines are expended to gain compliance and liens are filed for collections later; Option 2—Direct Staff to Process overgrown vegetation violations through money judgment or foreclosure; Option 3 —Do nothing and allow fines to accrue until compliance. The BOCC requested staff develop a process incorporating Options I &2. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Staff recommends approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH— Year APPROVED BY: County Atty OMB/Purchasing— Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM 4 - MONROE COUNTY,FLORIDA RESOLUTION NO. -2014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADOPTING THE PROCEDURES TO BE USED FOR THE ABATEMENT OF OVERGROWN CANAL VEGETATION THAT IMPEDE SAFE NAVIGATION AND OVERGROWN DRY LOT VEGETATION THAT IS UNSAFE OR UNSANITARY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8- 31(a) give the Special Magistrate appointed to hear Code Compliance cases the authority to impose fines and costs. Additionally, if the violation is a violation that is a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, then the Special Magistrate shall notify the Board of County Commissioners, which may make all reasonable repairs which are required to bring a property into compliance and charge the violator with the reasonable cost of repairs along with fines imposed by the Special Magistrate after a finding that the property owner has violated the Monroe County Code(s); and WHEREAS, pursuant to Section 162.09(3), Florida Statutes and Monroe County Code 8-31(c), a certified copy of an Order imposing a fine or a fine plus repair costs may be recorded in the public records and thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; and WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all real and personal property owned by the violator once recorded with the County Clerk; and WHEREAS,the County has the authority to request an inspection warrant, if needed, to enter private property that is not an owner-occupied family residence to enforce its codes and recorded liens under Florida Statute 933.21 when cause as defined in Florida Statute 933.22 is deemed to exist; and WHEREAS, some property owners do not voluntarily gain compliance and continue to allow an unsafe, unsanitary or navigational hazard to occur at or on their properties; WHEREAS,the Board of County Commissioners find overgrown canal vegetation that impedes safe navigation on canals as defined in Monroe County Code Section 26-4(b) and overgrown dry lot vegetation that is unsafe or unsanitary under Monroe County Code Section 21-20 (a) and(b)to be a serious threat to the public health, safety and welfare ; WHEREAS, the Board of County Commissioners finds it in the public's interest to have a formalized written procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate finding a violation of Monroe County Code Section 26-4(b) and or Section 21-20 (a) or (b) to initiate an inspection warrant, if needed, and thereafter to remove vegetation to gain compliance on a privately owned property and add the costs of the County made repairs to the lien; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1: The County's formal procedure is hereby adopted as set forth in MONROE COUNTY OVERGROWN VEGETATION ON CANALS AND DRY LOTS ABATEMENT PROCEDURE. Section 2: This resolution and the incorporated policies shall become effective upon adoption by the County Commission. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the of 92014. Mayor Sylvia Murphy Mayor pro tem Danny L. Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK POE COUNTY ATT EY 71- N 'Eff Deputy Clerk MfJG ED AS I�A Date: 541awi4 MONROE COUNTY OVERGROWN VEGETATION ON CANALS AND DRY LOTS ABATEMENT PROCEDURE Adopted 10/17/14 PURPOSE:To abate impacts to surrounding property owners who are affected by overgrown privately owned dry lots violating code section 21-20(a)and(b)and overgrown canals(either privately owned or adjacent to privately owned land)where overgrowth is impeding safe navigation violating code section 26-4(b), by allowing county to trim overgrowth and lien responsible property owner. Administrative Assistant 1. Monroe County Code Compliance receives or initiates a complaint of an overgrown lot or canal. 2. Code Compliance Administrative Assistant takes complaint and completes the "New Case" checklist. 3. Complaint is routed to the Code Compliance Inspector for the area. Code Compliance Inspector&Administrative Assistant 1. Code Compliance Inspector inspects the property,takes photos and documents findings. 2. Code Compliance Inspector refers the case to the Biologist for a vegetation determination and violation confirmation for canal lots. A Biologist determination is not required for mowing high grass and weeds or removing dead vegetative debris on dry lots. 3. Code Compliance Inspector sends the Owner of Record a Courtesy Notice of Violation indicating corrective actions to be taken and a compliance period to make the corrections. The compliance period varies depending on type of vegetation and permit requirements. 4. The Biologist/Code Compliance Inspector completes a re-inspection on the compliance date. 5. If non-compliant,the Code Compliance Department shall issue a notice of violation and proceed through the established process before the Code Compliance Special Magistrate. Code Compliance Inspector 1. Code Compliance Inspector wiill post the NOV/NOH at the property and at the Court House simultaneously if good service has not been achieved by certified mail. 2. The case is forwarded to the Special Magistrate Liaison and scheduled for hearing. Special Magistrate Liaison 1. if found in violation at hearing and if the overgrowth is found to be unsafe or unsanitary by the Special Magistrate, under MCC 21-20 (a) and (b) or impeding safe navigation under MCC 26-4(b)the Special Magistrate will order:correction of the violation, a compliance date, assess fines per day per charge if compliance is not achieved by the compliance date that will accrue until compliance is reached, and the costs to be determined at a later date which will be ordered to be paid within 30 days. 2. An appeal of the Special Magistrate order maybe filed within thirty (30)days of the Order. 3. If appealed, case is taken by County Attorney. MONROE COUNTY OVERGROWN VEGETATION ON CANALS AND DRY LOTS ABATEMENT PROCEDURE Adopted 10/17/14 4, If not appealed,Special Magistrate Liaison notifies the Code Compliance Inspector of the compliance date and schedules a re-inspection. 5. If not compliant on the compliance date,Special Magistrate Liaison files the Final Order as a lien,in the County Clerk's Office within fourteen (14)days of the compliance date providing notice to the property owner of record via 1"class Mail or hand delivery. Code Compliance Inspector/Director 1. If not compliant upon re-inspection,Code Compliance Inspector will notify Code Compliance Director and Assistant County Attorney who will authorize a title search to verify dry lot ownership or canal ownership(if the overgrown vegetation is on a canal). 2. Violations of overgrown canal vegetation owned by adjacent property owners that are not in compliance will be reviewed by the BOCC at the next possible meeting to authorize the necessary court action,including but not limited to a request for an inspection warrant(if applicable and canal is owned by private property owner)to proceed with entering the subject property for the purpose of trimming after the Special Magistrate Final Order. If canal is owned by the State of Florida or County, no inspection warrant will be issuedl. Monroe County Code Compliance 1. Request for quotes from qualified contractors to do lot mowing or canal vegetation trimming A. Canal lots with mangroves requires a DEP permit and an approved DEP contractor must perform the trimming B. Canal lots with non-mangroves(Buttonwood, Brazilian Pepper,etc.) requires a county permit and a licensed *contractor(landscaper) may perform trimming C. Canal lots with both mangroves and non-mangroves requires a DEP and County permit and the approved DEP contractor trims both D. Dry lots do not require a permit for mowing/trimming and may be trimmed by a contractor(landscaper)who may or may not be licensed*. A landscaper,who only mows vegetation and picks up palm fronds,does not plant vegetation, does not trim trees above 6',etc. is not required to have a county license* 2. Confirm qualifications, licenses and insurance 3. Acceptance of lowest quote from qualified contractors only 4. Contractor obtains necessary permits) and completes trimming 5. Final inspections completed by Biologist and/or Code Compliance Inspector 6. Payment to contractor by Monroe County 7. Lien filed to recover costs for trimming from responsible canal adjacent private property owner or land owner, in the case of a dry lot *NOTE:The term "licensed" refers to the issuance of a county certificate of competency Special Magistrate Liaison 1. Property Owner notified in writing of costs due for trimming and prosecution 2. Costs filed as alien(if not paid in 30 days)in County Clerk's office. Monroe County Code Sec. 21-20. Premises to be cleaned and mowed. (a)For the purposes of promoting the health, safety and general welfare of the residents of the county, all lands inside and outside of subdivisions, including vacant lands, and improved property within the unincorporated area of the county, shall be kept cleared of debris, garbage, litter, yard trash, refuse, special solid waste, solid waste, trash, industrial waste and/or that tend to be a breeding place or haven for snakes, rodents, insects, and vermin of all kinds and character, and/or that tend to create a fire hazard, endanger the lives and property of the residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or that render the soil or air impure, unwholesome, or unhealthful. (b)For the purposes of health, safety, and general welfare of the residents of the county, all commercial and residential lots, vacant or occupied, shall be kept mowed except that for subdivisions located within public acquisition areas, publicly owned vacant lots acquired for conservation and resource protection purposes and private vacant lots subject to a county approved management plan. Sec. 26-4. (b) Prohibition on causing or permitting trees to interfere with vessels upon any manmade water body. No real property owner may cause, suffer, or permit a tree, trees or other vegetation, to grow, or otherwise extend, from his real property into or over a manmade water body in such a way or manner as to constitute a navigational hazard to, or to interfere with, vessels engaged in a journey or ride upon the manmade water body. It shall be presumed that vegetation extending from the shoreline of a manmade water body beyond the approximate mean low water mark by more than ten percent of the overall perpendicular width of the water body at the point of measurement constitutes a navigational hazard. This presumption is aligned with the permitted limits for the construction of docking facilities in the land development regulations.