12-1370 Public Nuisances - Permanent Play Structures, Pool Maintenance, Carport Use & Outdoor-Open Air Storage

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ORDINANCE 12 -1370 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA; REPEALING SECTIONS 70.1 THROUGH 70 -3 OF CHAPTER 70, "SOLID WASTE ", ARTICLE I, "IN GENERAL ", OF THE CITY CODE OF ORDINANCES, AND RENUMBERING SECTIONS 70 -4 AND 70 -5; ADDING A NEW ARTICLE VI "PUBLIC NUISANCES AND ABATEMENT" TO CHAPTER 58 AND RENAMING CHAPTER 58 TO "OFFENSES, PUBLIC NUISANCES, AND MISCELLANEOUS PROVISIONS "; AMENDING PART III, UNIFIED LAND DEVELOPMENT REGULATIONS, CHAPTER III, PERFORMANCE CRITERIA, SECTION 3 -10.3, PROPERTY MAINEETANCE, TO PROVIDE ADDITIONAL CRITERIA RELATED TO PERMANENT PLAY STRUCTURES, POOL MAINTENANCE, CARPORT USE AND OUTDOOR/ OPEN AIR STORAGE; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Casselberry adopted the requirements of Chapter 70, "Solid Waste ", in the original 1982 City Code; and WHEREAS, City Code Section 3 -10.3, "Property Maintenance ", was adopted by Ordinance 95- 853 on December 11, 1995 to provide criteria for the maintenance of commercial and residential properties; and WHEREAS, the City Commission adopted Ordinance 09 -1273 on February 23, 2009 providing an opportunity within Chapter 70, "Solid Waste ", to allow the City to abate public nuisances on private properties and provided the City the ability to collect the cost for the abatement; and WHEREAS, Section 2- 7.7(C), "General encroachments into required yards ", exempts playground equipment from the requirements of front yard encroachments; and WHEREAS, more specific definitions and criteria are required to differentiate a public nuisance from general maintenance; and WHEREAS, clearer criteria are necessary to support code compliance actions; and WHEREAS, the City Commission of the City of Casselberry held a duly noticed public hearing on the proposed changes set forth herein and considered advice of staff, citizens, and all interested parties and after complete deliberation, hereby finds the requested text changes to the City Code of Ordinances are consistent with the City of Casselberry's Comprehensive Plan; and WHEREAS, words with double underlined type shall constitute additions to the original text and strike thF& # shall constitute deletions to the original text.