The rules and regulations promulgated by the Florida Division of Health, pursuant to F.S. Chapter 381 or any amendments thereto, and known as "The Sanitary Code of Florida," is hereby adopted as the sanitary code of the city.

(Ord. 7-72, § 1, 6-26-1972)

Any person violating the provisions of the state's Sanitary Code or of this chapter within the jurisdictional limits of the city shall be punished, upon conviction thereof, as provided for within the particular section of the chapter or, if no penalty is specified, as provided in § 1-14 of this code.

(Ord. 28-99, 6-14-1999)

(a)

Prior to the issuance of a building permit, where an individual wastewater disposal system is needed other than an installed sewer, a certificate of soil analysis shall be required for each building site.

(b)

Soil data shall be permitted and evaluated by the local Health Department in compliance with Chapter 10D-6 of the state's Sanitary Code and state statutes.

(Ord. 7-72, § 2, 6-26-1972; Ord. 15-76, § 1, 4-12-1976; Ord. 28-80, § 1, 8-4-1980; Ord. 67-89, 10-16-1989)

It is the purpose of this article to provide uninterrupted, continuous, adequate and necessary refuse removal for the residential dwellings and commercial establishments within the city limits of the city and to regulate the disposal of construction refuse. Through this article, the city shall have its franchise hauler collect all refuse and dispose of it in a sanitary and efficient manner, with the exception of construction refuse which may, at the option of the contractor, be collected and removed by a licensed construction cleanup contractor. This mandatory collection of refuse throughout the city will constitute and benefit all commercial establishments and residential dwellings of the city equal to or in excess of the actual cost of providing for the refuse collection service, and thereby is a benefit to all property values.

(Ord. 88-91, 9-23-1991; Ord. 48-93, 8-9-1993; Ord. 14-07, 3-26-2007; Ord. 57-21, § 1, 11-3-2021)

For the purpose of this article, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words used in plural include the singular, and words used in the singular include the plural. The word "shall" and "must" are always mandatory and not advisory. The definitions applicable to this article are as follows:

CODE ENFORCEMENT OFFICER. A code inspector employed by the city whose duty it is to enforce and assure compliance with the codes and ordinances adopted by the city.

(Ord. 20-97, 4-7-1997)

COMMERCIAL or COMMERCIAL ESTABLISHMENT(S). Places of business including, but not limited to, hotels, motels, restaurants, offices, industries, stores, manufacturing businesses, food processing businesses and other locations within the city which hold themselves out to the public as places of business or accommodations. A COMMERCIAL PLACE OF BUSINESS includes nursing homes and adult congregate living facilities, mobile home parks and recreational vehicle parks. For purposes of this article, the term(s) COMMERCIAL or COMMERCIAL ESTABLISHMENT(S) shall be deemed to include mixed use buildings, as defined in Article XI of the City of Cape Coral Land Development Code.

(Ord. 57-21, § 1, 11-3-2021)

CONFINED or CONFINEMENT. The activity of containing or consolidating construction-site refuse outside the structure which is normally subject to movement or scattering by light wind action, including, but not limited to on-site construction refuse containers, other types of temporarily constructed disposable devices, and permanent transportable containers including but not limited to roll-off containers used for the confinement of construction refuse placed outside the structure.

(Ord. 88-91, 9-23-1991; Ord. 38-98, 10-1-1998)

CONSTRUCTION CLEANUP CONTRACTOR. Any person, company, association, partnership, corporation or other group of individuals organized and duly licensed, pursuant to Chapter 6 of this code, and permitted by the city to perform cleaning and the incidental hauling and disposal of construction refuse from construction sites.

(Ord. 88-91, 9-23-1991; Ord. 38-98, 10-1-1998)

CONTAINERS or RECEPTACLES.

(1)

CANS. A standard garbage can constructed of light gauge steel, galvanized metal or plastic not less than 20 gallons or more than 35 gallons in size with a tight-fitting lid; the CAN shall have two handles, one on each side, or a suitable handle so that it may be reasonably lifted for the purpose of easily emptying into a sanitation vehicle.

(2)

CONTAINERIZED. A covered metal container supplied by the franchise hauler designed and intended to be mechanically dumped into a packer-type sanitation vehicle and varying in size from two cubic yards to eight cubic yards adaptable to the franchise hauler's equipment.

(3)

CONTAINERIZED WITH WHEELS. Covered containers supplied by the franchise hauler used inside of buildings and rolled to a designated outside location for pick up, being two cubic yards to eight cubic yards in size adaptable to the franchise hauler's equipment.

(4)

REFUSE BAG. A waterproof plastic bag one or two ply or more designed to receive the equivalent of not less than 20 or more than 35 gallons of refuse.

(5)

CART. Garbage or recycling container supplied by the franchise hauler for use in an automated system (commonly referred to as a Tote).

(6)

CONSTRUCTION REFUSE CONTAINER. A roll-off container obtained from the city's franchise hauler or a construction cleanup contractor; a disposable self-contained woven soft-sided demolition bag; or a disposable self-contained polypropylene dumpster bag. Such container may have a lid, but one is not required. The container shall be placed on a site in such a manner so that the construction refuse can be completely contained therein.

(Ord. 57-21, § 1, 11-3-2021; Ord. 44-24, § 1, 7-17-2024)

CURB SERVICE. A refuse pick-up made by franchise hauler within three feet of the curb or edge of street.

(Ord. 57-21, § 1, 11-3-2021)

DWELLINGS.

(1)

SINGLE-FAMILY DWELLING. A building or mobile home containing one dwelling unit designed for a one family unit maintaining separate and independent housekeeping including one kitchen to provide shelter, sanitation, and the amenities for permanent human habitation.

(2)

SMALL SCALE MULTI-FAMILY DWELLING. A building or structure containing two to four dwelling units designed for separate and independent housekeeping including one kitchen per unit.

(3)

LARGE SCALE MULTI-FAMILY DWELLING. A building, structure, apartments or condominiums consisting of five or more dwelling units designed for separate and independent housekeeping including one kitchen per unit.

A dwelling unit does not include hotels, motels, boarding or rooming houses, dormitories, fraternity or sorority houses, lodging houses, guest cottages, nursing care homes, travel trailers, or temporary lodging, boarding or rooming buildings or structure designed for transient residence.

(Ord. 38-98, 10-1-1998; Ord. 57-21, § 1, 11-3-2021)

FRANCHISE HAULER. The firm authorized by the city by franchise agreement, to provide solid waste collection services, including the transport and disposal of solid waste in the city.

(Ord. 88-91, 9-23-1991)

HAZARDOUS WASTE. Waste that is inherently dangerous to handle or dispose of. These wastes include radioactive substances, toxic chemicals, biological wastes, flammable wastes, explosives, acids, chlorine, oil, grease, paint and paint thinners.

INDUSTRIAL WASTE. Accumulates of metal, metal products, minerals, rock, building rubble, concrete, asphalt, tar, oil, grease, glass, crockery, rubber, rubber tires, bottles, cans, lumber, sawdust and other materials which may be created by an industrial or manufacturing operation.

MULTI-FAMILY SPECIAL HOUSE SERVICE. Entering the building to pick up the refuse.

REFUSE.

(1)

CONSTRUCTION REFUSE. Trash, discarded building material, construction blocks, roofing, trees or tree stumps, tree limbs larger than four inches in diameter or longer than six feet in length, except palm fronds, dirt, rock, plaster, lumber, metal or other like material except hazardous waste originating from private property preliminary to, during or subsequent to the construction of a new building, alterations, additions or remodeling to existing building of whatever type.

(2)

GARBAGE. Paper, cloth material, and boxes usually coming from or being disposed of by residents or commercial establishments; and kitchen accumulation of animal, fruit or vegetable matter, liquid or other waste that is attendant with or results from the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and other waste that may accumulate in the normal household or commercial establishment and which, for the purpose of disposal, shall all be contained in receptacles specifically provided for that purpose. GARBAGE shall also include tires, electronics, and all packing boxes and containers, provided that the boxes and containers shall be broken down first. GARBAGE shall not include human waste, hazardous waste or industrial waste.

(3)

TRASH. Waste other than garbage or recyclable waste provided the trash is placed in containers or tied, or able to be tied, shall be placed in containers not over 35 gallons or specialized refuse bags not protruding above the top of the containers. The word TRASH, as used herein, does not include construction refuse or trees, trunks or limbs over four inches in diameter or six feet in length.

(4)

HORTICULTURAL WASTE. The products of pruning resulting in refuse not suitable for standard containers, but with stems or branches not exceeding four inches in diameter or six feet in length; or leaves, cuttings of grass, weeds and branches, and vines.

(5)

RECYCLABLE WASTE. Waste matter, including, but not limited to, paper, telephone books, cans (aluminum or other metal), glass, bottles, jars, aluminum and #1—7 plastic, which can be processed and reused.

(6)

SPECIAL PICK-UP. Material other than normal refuse which requires scheduling a special pick-up by the franchise hauler using a non-compacting vehicle. Boxes and similar material that results from a household move, large pieces of furniture, white goods and large accumulations of horticultural refuse that periodically result from yard work that is not the product of the work of a contractor are included.

(7)

BULKY WASTE. Any garbage or trash that weighs more than 50 pounds or is of such bulk that it cannot fit into the cart, can, or refuse bag, excluding white goods. BULKY WASTE includes, but is not limited to, wheels, tires, furniture such as sofas, desks, entertainment centers, tables, chairs, and mattresses, carpet, incidental building materials, and similar waste that can be placed in garbage truck hoppers and disposed of in the Lee County Resource Recovery Facility, or such other facility designated by the City. BULKY WASTE shall not include automotive vehicles or boats, vehicle components (excluding wheels and tires), liquid waste, hazardous waste, or industrial waste.

(8)

WHITE GOODS. Household appliances, such as a refrigerator, washer, dryer, freezer, air conditioner, water heater, or similar items. WHITE GOODS shall include items that contain a refrigerant regulated by the Environmental Protection Agency or Department of Environmental Protection.

(9)

NON-COMPLIANT BULKY WASTE OR NON-COMPLIANT HORTICULTURE WASTE. Bulky waste or horticulture waste placed at curbside or edge of street that does not meet the definitions and requirements of § 9-65 and § 9-67.

(Ord. 32-89, 7-24-1989; Ord. 88-91, 9-23-1991; Ord. 38-98, 10-1-1998; Ord. 57-21, § 1, 11-3-2021)

SPECIAL PICK-UP; NONCONSTRUCTION REFUSE. A collection resulting from a call to the franchise hauler to arrange a special pick-up for items not collected weekly. The pick-ups include the following items: washers, dryers, furniture (including mattresses and springs), rugs and other household items, not construction refuse. SPECIAL PICK-UP FOR NONCONSTRUCTION REFUSE will be coordinated with the franchise hauler as to time, place, date and items to be picked up at no extra charge. Items to be picked up shall not be deposited at curbside or edge of street.

(Ord. 88-91, 9-23-1991; Ord. 57-21, § 1, 11-3-2021)

SPECIAL PICK-UP; FOR CONSTRUCTION REFUSE AND NON-COMPLIANT HORTICULTURAL WASTE. A collection at an added fee resulting from a call to the franchise hauler to arrange a special pick-up for special pick-up refuse. For construction refuse, a special pick-up may be arranged through a licensed construction cleanup contractor.

(Ord. 88-91, 9-23-1991; Ord. 57-21, § 1, 11-3-2021)

VIOLATOR. The person or entity legally responsible for the violation including, but not limited to, owners of property on which the violation has occurred.

(Ord. 58-94, 10-11-1994)

(Ord. 172-06, 1-22-2007; Ord. 14-07, 3-26-2007)

(a)

The owner of every single-family dwelling, multi-family dwelling and commercial establishment within the boundaries of the city shall receive refuse collection service from the city's authorized franchise hauler under the conditions and at the rates for refuse collection established by the City Council or authorized by this article. For purposes of this article, the OWNER OF A COMMERCIAL ESTABLISHMENT shall be the owner of the real property upon which the commercial establishment is located.

(Ord. 88-91, 9-23-1991; Ord. 48-93, 8-9-1993; Ord. 58-94, 10-11-1994; Ord. 57-21, § 1, 11-3-2021)

(b)

(1)

During the construction, demolition or partial demolition of any structure, all owners shall either contract with the city's franchise hauler or with a licensed construction cleanup contractor for on-site refuse collection.

(Ord. 88-91, 9-23-1991; Ord. 38-98, 10-1-1998)

(2)

During the renovation, remodeling or maintenance of any structure, all owners shall contract with the city's franchise hauler.

(Ord. 38-98, 10-1-1998)

(c)

The franchise hauler may enter into a contract with a tenant or other person in control of commercial real property for refuse collection service. Notwithstanding the foregoing, the property owner shall be ultimately responsible for compliance with the provisions of this article.

(Ord. 38-98, 10-1-1998; Ord. 57-21, § 1, 11-3-2021)

(a)

The owner of each residential single-family and small scale multi-family dwelling in the city is hereby required to utilize carts provided by the franchise hauler, or other acceptable receptacles.

(b)

The franchise hauler shall collect residential refuse under the following conditions:

(1)

Garbage and trash will be collected once per week at curbside or edge of street. Horticultural waste will be collected once per week at curbside or edge of street. Receptacles, as needed, must be within three feet of curbside or edge of street. Maximum total weight per full receptacle shall not exceed 50 pounds. All receptacles shall be located at a minimum of five feet from any obstruction that may interfere with routine collection.

(2)

Recyclable waste shall be collected once per week at curbside or edge of street. All recyclable waste shall be placed in a cart.

(3)

a.

All refuse receptacles shall be subject to inspection by the city or the franchise hauler. A receptacle not approved which is set out for collection will have a notice placed upon the receptacle, or left at the residence and the occupant shall no longer use the receptacle for collection.

b.

It shall be unlawful for any person to place, in such unapproved receptacle, any garbage or other material and the owner of the premises shall provide a suitable replacement.

(4)

All residential dwelling refuse, as defined herein and consisting of garbage, paper, boxes, glass, crockery, hedge clippings, grass clippings and yard sweepings shall be placed in approved receptacles or tightly bound in bundles and deposited at curbside or edge of street for collection. No loose material shall be set out for collection.

(5)

Waterproof disposable refuse bags or any other approved receptacles may be used, except as expressly prohibited herein. When such bags or other receptacles are used, the responsibility for protection of either the bag or the receptacle and the contents shall rest with the property owner and occupant until they are collected by the franchise hauler. Rupture of or damage to the bag or receptacle from any cause resulting in the scattering of refuse prior to the arrival of collection personnel will obligate the owner to reassemble all of the refuse and provide an undamaged bag or receptacle prior to pick-up by the franchise hauler.

(6)

Horticultural waste too large for receptacles, such as tree branches, palm fronds, brush, trimmings and the like, shall be cut in lengths not exceeding six feet and not more than four inches in diameter. (Length limitation does not apply to palm fronds.) Accumulations less than 50 pounds and either: (1) bundled and tied and neatly placed in compact piles; (2) placed in biodegradable paper lawn and leaf bags or a receptacle; or (3) stacked safely and placed within 3 feet of curbside or edge of street within the confines of residents' or owners' side property lines shall be collected by the franchise hauler. Loose palm fronds shall be organized and stacked so that all of the fronds face the same direction. Deposits of refuse shall not obstruct pedestrian or vehicular traffic. No refuse shall be placed on property owned or occupied by others without permission.

(7)

All refuse must be placed for pick-up prior to 5:00 a.m. on any day scheduled for pick-up. Horticultural waste may be placed at curbside or edge of street up to four days prior to any scheduled day for pickup. Refuse shall not be placed for pick up on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or New Year's Day, or any other day when the franchise hauler advertises in a newspaper of general circulation that the Lee County Disposal Facility will be closed and refuse will not be accepted from the franchise hauler.

(8)

All wet garbage matter shall either be wrapped in paper before being placed in refuse receptacles or bundled so that leakage from receptacle is prevented. Cans, bottles and other containers shall first be drained of all liquid. All refuse receptacles shall be kept tightly covered at all times, except when it becomes necessary to lift the cover for the purpose of depositing refuse in the receptacle or for the purpose of emptying such receptacle into a disposal vehicle.

(9)

a.

Storage of all refuse receptacles when not set out for collection shall meet one or more of the following requirements:

1.

Stored in the rear yard behind the primary residential structure.

2.

Stored in a carport or garage.

3.

Stored in a side yard of the primary residential structure adjacent to an exterior wall. In order to be deemed "adjacent" to an exterior wall, the refuse receptacle shall be located not more than three feet from the exterior wall when measured from the nearest point of the receptacle to the nearest point of the exterior wall. In no event shall the refuse receptacle protrude forward from the edge of the exterior wall to which it is adjacent.

b.

No refuse receptacle shall be placed out for collection earlier than 5:00 p.m. on the day preceding that upon which refuse collections are customarily made from the premises. The receptacles shall then be placed within the required distance of the street for the purpose of permitting the collection of refuse therefrom, and the receptacles shall be permitted to remain in such places only for and during the period of the day upon which the collection is made. Protection of the receptacles placed for collection is the responsibility of the resident.

(10)

Special pick-ups shall be coordinated by the property owner or resident and the franchise hauler as to time, place, date and items to be picked up.

(11)

Bulky Waste.

a.

Unlimited compliant bulky waste, as described in Subsection b. below, will be collected by the franchise hauler once per week at curbside or edge of street. Bulky waste collection is a separate service from normal trash, recycling, and horticulture pick-ups and may be scheduled on a different day than those services. Compliant bulky waste collection will be provided to residential dwellings, containing one to four dwelling units, at no additional cost.

b.

Compliant Bulky Waste. Bulky waste shall be placed for collection in a neat manner, separated from other refuse, along the curbside or edge of street for the convenience of the franchise hauler in order to provide safe and efficient accessibility to the franchise hauler's crew and vehicles. Bulky waste shall be placed separately from trash and recycling receptacles, horticulture waste, and white goods. Bulky waste shall not be stacked as to create a safety issue of waste falling into the roadway or presenting a hazard to the franchise hauler's crew or vehicles. Bulky waste shall not be placed within five (5) feet of a fixed object, such as a fire hydrant, mailbox, storm drain, or utility pole. Unlimited compliant bulky waste set out for collection that cannot be collected normally shall be picked-up by franchise hauler by special pick-up at no extra charge and shall be scheduled based on the customer's phone request, City request, or franchise hauler's garbage collection route driver's log

c.

Non-compliant Bulky Waste. If the bulky waste does not meet the requirements of this article, as determined solely by the City, and the City requests a non-compliant bulky waste pickup in conjunction with a code compliance case, the property owner shall be charged by the franchise hauler the then-current contracted rate per cubic yard for such pick-up. The non-compliant bulky waste pick-up rate will be reviewed annually and may be adjusted by Resolution of the City Council. The franchise hauler shall pick-up the non-compliant bulky waste within 48-hours of the City's request and invoice the property owner directly for the non-compliant bulky waste pick-up. Franchise hauler invoices that are not timely paid by the property owner shall be deemed a violation of this article and are subject to the nuisance abatement process in Section 9-71.

(12)

White Goods.

a.

The franchise hauler shall provide pick-up of unlimited white goods to residential dwellings, containing one to four dwelling units, at no additional cost. White goods shall be collected by franchise hauler by special pick-up.

b.

White goods shall be placed for collection within three (3) feet of the curb; paved surface of the road; closest accessible right-of-way; or such other location agreed to by the franchise hauler that will provide safe and efficient accessibility to the franchise hauler's crew and vehicles.

c.

White goods shall be collected and removed by the franchise hauler separately from all other refuse and solid waste. White goods that contain a refrigerant regulated by the Environmental Protection Agency or Department of Environmental Protection are to be safely collected to prevent a puncture that may cause the release of Chlorofluorocarbons and Poly Chlorinated Bi-phenols into the environment. White goods are prohibited from being deposited at landfills. The franchise hauler is fully responsible for the proper recycling or disposal of white goods in accordance with the Environmental Protection Agency or Department of Environmental Protection mandates and guidelines. The franchise hauler shall notify the City of the recycling/disposal locations used.

(Ord. 48-93, 8-9-1993; Ord. 58-94, 10-11-1994; Ord. 38-98, 10-1-1998; Ord. 76-10, 9-13-2010; Ord. 57-21, § 1, 11-3-2021)

(a)

In addition to the regulations set forth herein, large scale multi-family dwellings and property used for non-residential or mixed use buildings in any zoning district shall comply with the requirements set forth in § 5.1.15., Cape Coral Land Development Code.

(Ord. 57-21, § 1, 11-3-2021)

(b)

Regulations governing containerized service:

(1)

Containerized and containerized with wheels refuse service shall be mechanically dumped by the franchise hauler for large scale multi-family residential dwellings and commercial establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers shall be supplied by the franchise hauler for commercial establishments and at the option of the franchise hauler to large scale multi-family residential dwellings.

(Ord. 38-98, 10-1-1998; Ord. 57-21, § 1, 11-3-2021)

(2)

Customers using garbage chutes or interior storage shall use containers with wheels. The owner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying.

(Ord. 57-21, § 1, 11-3-2021)

(3)

The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in the container or containers. Charges shall be assessed on the basis of cubic yard of the refuse container.

(Ord. 172-06, 1-22-2007; Ord. 15-12, 9-10-2012)

(a)

Active permit.

(1)

Regulations.

a.

For purposes of this section, the term CONTRACTOR shall mean the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted pursuant to F.S. § 489.103, as amended, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. This term shall include, but not be limited to, general contractor, building contractor, and residential contractor. The term OWNER-BUILDER shall mean the owner of property when acting as their own contractor pursuant to F.S. § 489.103(7), as amended.

b.

1.

During the construction, renovation, remodeling, demolition, or erection of a structure, the contractor or owner-builder shall be responsible for the storage and handling of construction refuse and all other materials including, but not limited to, debris, trash, garbage, litter, food wrappers, food containers, bottles, cans, and cups that are located on the site. Any construction refuse and all other said materials located outside of the structure which are subject to movement by light wind must be confined in an on-site construction refuse container as defined herein. An owner-builder or contractor must make special arrangements with the franchise hauler to provide for the appropriate containerized refuse service satisfactory to meet the construction refuse collection requirement necessitated by the construction or contract with a licensed construction clean-up contractor. Containerized service shall be provided by the franchise hauler under the rates for containerized construction, renovation and remodeling collection services as set forth in § 9-72.

2.

An on-site construction refuse container and collection service that conforms to the requirements set forth in this section must be provided for each construction site. At least one construction refuse container shall be placed on the site prior to the commencement of any construction, renovation, remodeling, demolition, or erection of a structure. For purposes of this requirement, a suitable on-site construction refuse container shall be placed outside the structure. The on-site construction refuse container shall be maintained in good condition so as to continually contain the construction refuse. Collection and disposal of construction refuse shall be with such frequency so as to avoid construction refuse spilling out of the on-site construction refuse container onto the site.

3.

In addition to all requirements set forth above, the contractor or owner-builder shall be responsible for the proper storage and collection of all other materials including, but not limited to, debris, trash, garbage. litter, food wrappers, food containers, bottles, cans, and cups that may accumulate on the site so that said materials will not be blown about by light wind.

4.

Construction refuse materials that are not susceptible to being blown around by light wind do not need to be contained in the on-site construction refuse container, but must be located in a concentrated location on the site. Refuse such as lumber and drywall may be located in no more than two concentrated locations on the site, one in the front of the property and the other at the rear. Masonry and roof tiles may be located in one additional, separate concentrated location on the site.

c.

1.

Construction cleanup contractors are hereby authorized to provide the following services to a contractor for construction refuse disposal: the complete cleanup, consolidation, confinement, and subsequent hauling and disposal of construction refuse from a construction site to the Lee County designated landfill or other authorized solid waste or recycling facility, provided that the hauling and disposal of construction refuse is strictly incidental to the construction-site cleanup. All construction refuse transported by construction clean-up contractors shall be transported exclusively in a truck with a cargo area designed for such purpose, including pick-up trucks, trailers, dump trucks, or vans, which are properly covered with a tarpaulin as required by Florida law. All trucks used by construction cleanup contractors shall have the contractor's city competency license number clearly posted thereon and must be covered by a policy of liability insurance with limits of $100,000 per person/$300,000 per incident and $50,000 property damage.

2.

All construction cleanup contractors shall maintain records of all sites serviced by said contractor. Said records shall reference the building permit number and location of the site. Contractors shall retain all weigh slips, referenced by site, which are issued at the city's solid waste facility or the Lee County designated land fill. Records shall be made available, upon request, for inspection by the City Manager or his or her designee.

3.

No construction cleanup contractor shall conduct any solid waste disposal activities other than as specifically authorized herein.

d.

It shall be unlawful for a person or a contractor operating within the jurisdictional limits of the city to hire, subcontract, or otherwise employ any person, company, partnership, or other business association for the purpose of construction-site cleanup and refuse removal, unless said person or association is either the city solid waste franchise hauler or a city licensed construction clean-up contractor.

e.

Portable restrooms or other approved restroom facilities shall be provided for construction workers at commercial and residential building sites for the duration of construction activity and such facilities shall be maintained in a sanitary condition.

f.

Prior to preparation of a building site for construction, the building permit holder shall obtain the correct flow line elevations from the city and shall create and maintain the required swale needed to allow continuous uninterrupted flow of stormwater for the duration of construction activity.

g.

During construction activity, approved erosion control devices shall be placed in the swale adjacent to both property lines, along the property lines of adjacent improved parcels, and placed in accordance with all other requirements of the City of Cape Coral Engineering Design Standards to impede all foreign matter from entering the stormwater system or adjacent improved properties. The erosion control devices shall remain in place until placement of final sod throughout the property.

h.

No excavated material or construction material shall restrict stormwater flow within the swale area.

i.

Approved turbidity screens shall be installed and maintained in place during any and all clearing, excavating, filling, and backfilling operations in accordance with the City of Cape Coral Engineering Design Standards.

j.

Weeds and grasses shall be maintained at a height of 12 inches or less throughout the construction process.

k.

Protection zones shall be installed and maintained for protected species in accordance with Chapter 23, City Code of Ordinances.

l.

The permit holder shall not damage any city property throughout the construction process.

m.

Construction site work is prohibited, including, but not limited to the early delivery of materials to the site, until an approved permit is obtained from the city.

(2)

Violations and penalties.

a.

1.

The failure of a contractor or owner-builder to comply with any provision of this section shall constitute a violation of this section. The city shall provide written notice of the violation to the contractor or owner-builder by either certified mail to the mailing address indicated on the permit application, hand delivery, electronically, email, or facsimile to the contact telephone numbers provided to the city by the contractor or owner-builder. In the event that the notice of violation was mailed by certified mail and returned as unclaimed or refused, notice may be provided by posting such notice at the subject job site where the permit is displayed and at the City of Cape Coral City Hall and by first class mail directed to the address furnished to the city with a properly executed affidavit confirming the postings and first class mailing,

2.

The city's Building Official, as defined in the Florida Building Code, or their designee, is authorized to issue a stop work order for any violation of this section that is not corrected within 48 hours after receipt of the notice of violation by the contractor or owner-builder. The stop work order shall continue until the violation is corrected. The following fines shall be imposed for each day that the stop work order is in effect:

3.

It shall be the responsibility of the contractor or owner-builder to contact the city's Building Official or their designee once the violation is corrected to request inspection. When the city's Building Official or their designee confirms that the violation is corrected, he or she shall remove the stop work order and calculate the total amount of the fine due to the City of Cape Coral for the violation. Unless appealed. the fine shall be due and payable to the City of Cape Coral within 30 calendar days after the stop work order is removed.

b.

A stop work order issued pursuant to this section by the Building Official or their designee may be appealed by requesting an administrative hearing to the City of Cape Coral Code Enforcement Special Magistrate. A notice of appeal shall be filed with the Development Services Department within five calendar days of the issuance of the stop work order to be appealed. Appeals for an administrative hearing of the notice of violation must be accompanied by a fee as approved by a resolution of the City Council, which fee shall be refunded if the named violator prevails in the appeal. If the Code Enforcement Special Magistrate finds that the stop work order was properly imposed, all fines shall continue until the violation is corrected and said fines shall be due within 30 days after the stop work order is removed. If the Code Enforcement Special Magistrate overturns the stop work order. all fines shall be abated.

c.

In the event the violation continues for 30 days after the date of the issuance of the stop work order, the City of Cape Coral shall be authorized to clean-up all construction refuse and other materials, empty all containers on said construction site, and take all actions necessary to remedy the violation(s), either by utilizing the city's employees or agents. or by utilizing a contractor, and the cost of all clean-up and remedial actions shall be added to the fine imposed. In the event the city cleans up and corrects violations at the site as a result of the contractor or owner-builder's failure to timely do so pursuant to this section, the stop work order shall remain in effect until all costs incurred by the City of Cape Coral for the clean-up and remedial actions of the construction site have been paid.

d.

No inspections will be made and no certificate of occupancy will be issued until all fines and costs have been paid.

(b)

Inactive permit.

(1)

Permits that are revoked, null and void, or expired because of lack of progress or abandonment, are considered inactive permits.

(2)

In the event the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, the property owner shall assume all responsibilities for the proper storage and handling of construction refuse and other requirements as set forth in this section. A property owner's failure to comply with any provision of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures provided in §§ 2-81 through 2-96 of the City of Cape Coral Code of Ordinances including, but not limited to, any and all provisions that allow the city to seek relief as otherwise provided bylaw.

(c)

The provisions of this section are additional and supplemental means of enforcing municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means.

(Ord. 14-07, 3-26-2007; Ord. 57-21, § 1, 11-3-2021; Ord. 44-24, § 2, 7-17-2024)

(a)

No person shall deposit on or bury in or cause to be deposited on or buried in any land, public square, street, alley, sidewalk, bridge or other public passageway, or any storm sewer, vacant or unoccupied lot, or any lake, canal, creek or watercourse any refuse, decomposable construction refuse, garbage, trash, horticultural refuse or special pickup, hazardous waste or industrial waste, as defined by this article, or any toxic or biological hazardous waste identified by Florida Statutes or federal statutes as dangerous to the health, safety and welfare of this community, or place or keep such materials, or refuse, anywhere within the limits of the city in any container other than in an approved refuse container which is collected regularly as set forth by this article. Nothing in this article shall prohibit private, backyard, nuisance free composting practices for home gardening purposes.

(Ord. 88-91, 9-23-1991)

(b)

Any violation of the provisions of subsection (a) above shall be punishable by a fine of not less than $40, nor more than $500, and/or imprisonment of up to 30 days.

(Ord. 88-91, 9-23-1991)

(a)

The purpose of this section is to provide an efficient procedure to promptly notify property owners of the existence of non-compliant bulky waste or non-compliant horticultural waste within the City. This section is intended to provide for the removal of non-compliant bulky waste and non-compliant horticultural waste in a timely manner in order to preserve the health, safety, and welfare of the residents of the City and to preserve, protect, and enhance the aesthetic value of real property in the City.

(b)

Nuisance declared. It is hereby declared and determined by the Cape Coral City Council that non-compliant bulky waste and non-compliant horticultural waste in the City impairs the economic welfare of property, constitutes a health and fire hazard, impedes the proper drainage of stormwater, and constitutes a public nuisance.

(c)

No person, firm, partnership, corporation, trust or estate, or any other entity, shall permit non-compliant bulky waste or non-compliant horticultural waste to exist within the City.

(d)

Inspection of land; notification of violation. The Director of the Department of Community Development, or the Director's designee (hereinafter referred to as "Director"), is empowered to investigate and enforce the provisions of this article to prohibit non-compliant bulky waste and non-compliant horticultural waste in the City. The Director shall receive all complaints of a violation of this section and shall inspect real property where such a nuisance is suspected to exist. The Director shall be responsible for providing notice to property owners for violations of this article and may take all actions necessary to enforce this article.

In the event that an inspection reveals the presence of non-compliant bulky waste or non-compliant horticultural waste, the Director shall notify the property owner by certified mail, return receipt requested, or by hand delivery, and also by physically posting the property upon which the nuisance accumulation exists. Said notice shall include the following:

(1)

A description of the non-compliant bulky waste or non-compliant horticultural waste and how to bring such waste into compliance;

(2)

That the property must be brought into compliance within 48-hours of service of the notice of violation or the nuisance accumulation may be removed by the City or the franchise hauler; and

(3)

That the property owner shall be responsible for all costs associated with the termination of the public nuisance performed by the City or the franchise hauler, and that non-payment of such costs may result in a lien being placed on the property for the total cost to abate the nuisance.

(4)

A phone number, email address, and working hours of person to contact regarding the nuisance.

For purposes of this article, the property owner shall be the owner identified in the property records of the Lee County Property Appraiser. If the mailed notice is returned to the City as unclaimed or refused, the posted notice at the property shall constitute sufficient notice to the owner and no additional notice shall be required.

(e)

Reinspection of premises. Upon expiration of the time period to abate the violation, the Director shall reinspect the subject premises. If the Director determines that the subject property has not timely brought the nuisance accumulation into compliance or removed the nuisance accumulation, the Director may proceed to abate the public nuisance.

(f)

Abatement by City. In order to abate a nuisance accumulation, the Director, through the City's franchise hauler, is authorized to enter 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. The franchise hauler's cost to clear the property and properly dispose of the nuisance accumulation shall be calculated, and the franchise hauler shall prepare and forward an invoice representing the entire cost of the abatement to the property owner. The invoice shall provide a full detail of the services rendered and costs incurred in abating the nuisance accumulation and shall be calculated at the then-current contracted rate per cubic yard approved by the City for such pick-up. The invoice shall provide that payment is due within 30 days of the date the bill is mailed and shall include a statement that the failure to pay the full amount due within the 30 day period or to request, in writing, an opportunity to contest the bill to the Code Compliance Special Magistrate, may result in the City filing a lien against the property. The invoice shall be delivered to the property owner by certified mail, return receipt requested, or by hand delivery. In the event that the property owner does not submit payment in full within 30 days of the invoice date, the City may proceed to place a lien on the property.

(g)

Right to contest imposition of lien. Any property owner who desires to contest the imposition of a lien must submit a written request to the Director within 30 days of the date the invoice was mailed or hand delivered to the property owner. Such request shall be scheduled for consideration by the Special Magistrate as soon as practicable. The Special Magistrate, upon hearing from the property owner and City staff, shall determine whether to uphold, modify, or reverse any proposed lien based solely upon a determination whether a violation of this section did exist. The property owner shall have 15 days from the date of Special Magistrate action to pay the full amount of the nuisance abatement fees found by the Special Magistrate to be due. The failure to pay the fees in full within said 15-day period shall result in the City Manager, or the City Manager's designee, executing and recording a lien in the public records of Lee County, Florida, for the full amount due, including recording fees.

(h)

Imposition of lien for delinquent nuisance abatement fees. If the property owner has not paid the nuisance abatement fees in full within 30 days of the date the invoice was mailed or hand delivered, and the property owner has not submitted a written request to contest the invoice before the Special Magistrate, the City Manager, or the City Manager's designee, shall execute and record a lien against the property in the public records of Lee County, Florida, for the full amount due, including recording fees. Any informality or irregularity in the proceeding to impose a lien for abatement costs shall not affect the validity of 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.

(i)

Nuisance abatement fees contained in a lien hereunder shall bear interest at the rate provided for in F.S. § 55.03(1), for interest on judgments. Any lien recorded 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. Property owners 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 attorney fees.

(j)

Release of lien. Property owners who have paid the lien amount in full shall, upon request, be entitled to a release of lien from the City. The City Manager, or designee, shall execute a release of lien upon such payment and request. The recording of the release of lien and any charges therefor shall be the responsibility of the property owner.

(k)

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. 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. The City may seek injunctive relief to enjoin and restrain any person from violating the provisions of this section. In addition to or in lieu of abatement hereunder, the Director may in the Director's sole discretion, seek imposition of civil penalties against the property owner. The Director's election to abate a nuisance as provided herein shall not act to bar the Director from also seeking the imposition of penalties.

(l)

Penalties. Any person, firm, partnership, corporation, trust or estate, or any other entity, who violates any provisions of this section shall be subject to a civil penalty in an amount not to exceed $250 per day. Each day that a nuisance accumulation continues to exist shall constitute a separate offense, punishable as provided herein.

(Ord. 57-21, § 1, 11-3-2021)

All rates for refuse collection shall be established by resolution annually, prior to October 1, after due public notice and a public hearing. The resolution so adopted shall establish the rates for all residential and commercial collection services for the upcoming fiscal year.

(Ord. 48-93, 8-9-1993)

(a)

All of the refuse collection mandated by this article, with the exception of construction-site cleanup as authorized herein, shall be provided by the city refuse franchise hauler, under the terms and conditions of the franchise hauler agreement with the city and under the conditions set forth in this article. The collection rates set forth in this article may be changed from time to time as determined appropriate by the City Council, and in accordance with § 9-72.

(b)

No person other than the franchise hauler or a city licensed construction clean-up contractor shall collect or dispose of refuse from residential dwellings and commercial properties located within the City limits.

(c)

Upon request by the City Manager or his or her designee, but not more than once per month, the city franchise hauler shall meet with the City Manager and report on the procedures instituted by the franchise hauler for refuse collection.

(d)

The franchise hauler shall not allow single-family dwelling collection trucks to begin collection of refuse until on or after 6:00 a.m. Notwithstanding the foregoing, during the period from May 1 through September 30 of every year, the franchise hauler shall not allow single-family dwelling collection trucks to begin collection of refuse until on or after 5:00 a.m. Construction cleanup contractors shall not begin collection of construction refuse until on or after 7:00 a.m.

(Ord. 58-88, 6-27-1988; Ord. 88-91, 9-23-1991; Ord. 38-98, 10-1-1998; Ord. 57-21, § 1, 11-3-2021; Ord. 26-24, § 1, 4-17-2024)

All recyclable waste matter is hereby declared to be the property of the city from and after the time of placement of the recyclable waste matter in a city provided container at the curbside or edge of street for collection by the city's authorized franchise hauler. It shall be unlawful for any entity, person, firm, corporation, association, government or government agency other than the city to collect, pick up or cause to be collected or picked up any recyclable waste matter placed at the curbside or edge of street for collection by the city's franchise hauler. Each separate act of collecting or picking up an item of recyclable waste matter in a city provided container shall constitute a separate violation of this section.

(Ord. 83-91, 9-23-1991; Ord. 58-94, 10-11-1994; Ord. 38-98, 10-1-1998; Ord. 57-21, § 1, 11-3-2021)

The failure to comply with any provision of this article shall constitute a violation of this article and subject the violator to the code enforcement provisions and procedures provided in §§ 2-81 through 2-105, Cape Coral Code of Ordinances. Each violation, and each day thereof, shall constitute a separate offense under this article.

(Ord. 20-97, 4-7-1997; Ord. 57-21, § 1, 11-3-2021; Ord. 12-23, § 2, 3-15-2023)

Editor's note— Ord. No. 57-21, § 1, adopted Nov. 3, 2021, repealed § 9-75.1, which pertained to conduct of hearing and derived from Ord. 20-97, adopted April 7, 1997; Ord. 38-98, adopted Oct. 1, 1998; repealed § 9-75.2, which pertained to powers of special master and derived from Ord. 20-97, adopted April 7, 1997; repealed § 9-75.3, which pertained to liens, § 9-75.4, which pertained to foreclosure, § 9-75.5, which pertained to duration of lien, § 9-75.6, which pertained to appeals, § 9-75.7, which pertained to provisions supplemental, all derived from the Original Code; and repealed § 9-75.8, which pertained to penalty for violations and derived from Ord. 58-94, adopted Oct. 11, 1994.

This article is intended to provide for recovery by the city and its agents of costs incurred in response and recovery efforts related to hazardous material incidents. In addition, it is intended to provide for cost recovery for any damage caused to natural resources and government owned properties.

(Ord. 5-92, 2-10-1992)

For the purpose of this article, the definitions contained in this section shall apply unless otherwise specifically stated.

COST(S). The following which are incurred by the city or its agents for response, containment, and/or removal and disposal of hazardous materials or other remedial actions undertaken:

(1)

Damages for injury to, destruction of or loss of natural resources, including the reasonable costs of assessing the injury, destruction or loss resulting from a hazardous material incident;

(2)

Costs of any health assessment or health effects study deemed necessary as a result of a hazardous material incident;

(3)

Costs for all labor, including benefits, overtime and administrative overhead incurred by the city for response, containment and/or removal and disposal of hazardous materials or other remedial actions;

(4)

Costs for equipment, operation, leasing, repair and replacement where necessary;

(5)

Costs for contract labor and equipment;

(6)

Costs for materials such as sorbents, foam, dispersants, neutralization agents, overpack drums or containers;

(7)

Costs for supervision and verification of clean-up and abatement.

MANAGER. The Cape Coral City Manager or designee.

FIRE CHIEF. The head of the City of Cape Coral Fire Department or his or her designee.

HAZARDOUS MATERIAL. Any substance or material in any form or quantity which poses an unreasonable risk to safety, health or property.

HAZARDOUS SUBSTANCE. Any material which when discharged may be harmful to the public health or welfare, including, but not limited to: fish, shellfish, wildlife and public or private property, shorelines and beaches.

HAZARDOUS MATERIAL INCIDENT. Actual or threatened release of hazardous substances or materials that pose an immediate threat to the health, safety or welfare of the population, including hazardous waste.

INCIDENT COMMANDER. The senior fire official at the site of the hazardous material incident; or the initial senior on-scene response official in the absence of the senior fire official; or a unified command structure which delegates control to officials from more than one agency.

NATURAL RESOURCES. Land, fish, wildlife, biota, air, water, ground water, drinking water supplies and other such resources located within the geographic boundaries of the city.

RECOVERY (FROM AN INCIDENT). A phase of emergency management which restores the site of an incident to pre-emergency conditions.

RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant).

RESPONSE. A phase of emergency management which occurs during and immediately following an incident, provides emergency assistance to victims of the event, and reduces the likelihood of secondary damage.

RESPONSIBLE PARTY. The person(s) whose negligent or intentional act or omission caused a release of a hazardous substance or material; or, the person(s) who owned or had custody or control of the hazardous substance or waste at the time of the release without regard to fault or proximate cause; or, the person or persons who owned or had custody or control of the container which held the hazardous substance at the time of or immediately prior to the release without regard to fault or proximate cause. RESPONSIBLE PARTY may also include a corporation, partnership, association or other type of business entity.

(Ord. 5-92, 2-10-1992; Ord. 52-97, 8-15-1997; Ord. 44-15, 9-21-2015; Ord. 45-24, § 3, 8-7-2024)

(a)

The Incident Commander, Fire Chief and City Manager are hereby duly authorized to take all measures necessary to respond to, stabilize and remediate hazardous materials incidents. Any responsible party who causes a hazardous material incident shall be liable for the payment of all costs incurred by the city for response to and remediation of such an incident.

(b)

Cape Coral shall seek all available remedies at law, including an action for violation of the provisions of this article, against any parties responsible for any environmentally damaging event, including those actions and remedies available under the U.S. Bankruptcy Code relating to such matters.

(Ord. 5-92, 2-10-1992; Ord. 5-92, 2-10-1992; Ord. 52-97, 8-15-1997; Ord. 45-24, § 3, 8-7-2024)

(a)

Billing for costs.

(1)

The City Manager's office shall serve as the city's agent for collecting invoices and for billing the responsible party for all reimbursable costs. Agents duly authorized by the city to respond to a hazardous materials incident shall be eligible to submit invoices for payment.

(Ord. 5-92, 2-10-1992)

(2)

Invoices that identify eligible costs under this section shall be submitted to the City Manager within ten working days after the cost was incurred or identified. Submitted invoices should include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills for materials, equipment and supplies procured or used). Accepting invoices from agencies outside the city shall not incur liability to the city to pay costs from the agencies until payment is received by the city from the responsible party.

(Ord. 5-92, 2-10-1992)

(3)

The Manager shall submit one or a series of consolidated invoice(s) to the responsible party identifying agencies or agents and their specific costs and demand reimbursement for same. The responsible party shall make full payment to the City of Cape Coral for the total costs billed, within 60 days after the date of the invoice(s) for same.

(Ord. 5-92, 2-10-1992; Ord. 54-00, 7-31-2000)

(b)

Schedule of charges. Charges for time and equipment identified below shall be billed at the amounts specified in this subsection (b). Charges for materials and other time and equipment will be the city's actual total cost therefor.

(1)

The charge for incidents requiring clean-up and/or disposal but not requiring deployment of a Haz-Mat team or Haz-Mat vehicle shall be $75.

(2)

The charge for each city employee deployed or used in response to or remediation of a hazardous materials incident shall be the employee's actual hourly rate or overtime rate, whichever is applicable, for the time involved, plus 36% of the hourly rate or overtime rate for employee benefits.

(3)

a.

The hourly charge for vehicles and apparatus used at an incident shall be:

b.

All other vehicles shall be charged at a reasonable billable rate for their usage.

(c)

Interest and attorney's fees. If the responsible party does not make full payment of the amount billed within 60 days after the date of an invoice sent pursuant to this section, any amount remaining unpaid shall thereafter bear interest at the rate of 1½% per month until paid. If the city files any litigation to obtain a judgment for or enforce payment of any amount of such an invoice that remains unpaid for more than said 60-day period, the city shall be entitled to an award of court costs and a reasonable attorney's fee, including a fee for both trial court and on appeal.

(d)

Cost Recovery Fund. There is hereby established a Hazardous Materials Cost Recovery Fund. All monies collected from responsible parties for hazardous materials incidents shall be deposited into this Fund, except for recovered court costs and attorney's fees. Monies in the Fund shall be used for training, supplies, equipment, salaries and any other items necessary for recovery efforts arising out of hazardous materials incidents.

(Ord. 81-92, 12-14-1992; Ord. 54-00, 7-31-2000)

(a)

Whenever the requirements or provisions of this article are in conflict with the requirements or provisions of any other lawfully adopted ordinance, the more restrictive requirements shall apply.

(Ord. 5-92, 2-10-1992)

(b)

This article shall not restrict or replace cost recovery from funding sources available under state and federal regulations such as the Revolving Fund established under § 311(K) of the Federal Water Pollution Control Act (33 U.S.C. § 1321(k)); the Hazardous Substance Response Trust Fund established under Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9611); and, the Florida Coastal Protection Trust Fund established under F.S. Chapter 376.

(Ord. 5-92, 2-10-1992)

All unimproved real property in the city shall be included in the city lot mowing program described in this Article V, with the exception of any real property reasonably determined by the City in its sole discretion to be incapable of receiving lot mowing services due to the presence of swales, pepper trees or other invasive vegetation, or any other conditions which make efforts by the City to mow the property impractical or cost-prohibitive. Individual property owners may request an exemption from the program upon submission to the City Manager, or his or her designee, of a written statement indicating that they are requesting an exemption from the lot mowing program and stating that they intend to insure that their property will be routinely mowed so that the height of any grass, weeds or underbrush thereon will not exceed 12 inches in height. An exemption may be revoked by the City Manager or his or her designee if the property owner fails to keep the property mowed as required herein. Prior to any such revocation, the city shall send written notice of its intent to revoke the exemption indicating the date of proposed revocation. If the property is not mowed by the proposed date of revocation, the city will include the property in the lot mowing program and bill the owner as provided herein. Owners of unimproved real property included in the city lot mowing program shall be charged an annual fee and the city or its authorized agent will provide routine lot mowing services for the property. If an owner whose property has been exempted from the lot mowing program sells or otherwise transfers the exempt property to a new owner, the city will send written notice to the new owner advising them that the property is currently exempt from the lot mowing program and further advising them that if they elect to continue the exemption and maintain their own lot, they must provide the city with written notice of that election within 30 days of the date of the written notice from the city. Failure to make such an election within the 30-day period will result in a revocation of the exemption and the property will be included in the lot mowing program and billed accordingly. If an owner whose property is included in the city's lot mowing program sells or otherwise transfers the property to a new owner, the city, upon receiving a written request from the new owner to have the property exempted from the city's lot mowing program, will credit that portion, if any, of the lot mowing fees for the current year for any mowings that have not been rendered at the time of the exemption request.

(Ord. 44-21, § 3, 5-19-2021)

The City Council shall impose and establish, by resolution, the amount of the annual lot mowing fee to be charged to owners of all properties included in the city lot mowing program for the forthcoming fiscal year. The fees collected may be used for any and all costs reasonably related to lot mowing and maintenance of real property.

(Ord. 44-21, § 3, 5-19-2021)

Unless determined otherwise by resolution of the City Council, the city shall utilize the special assessment procedures set forth in Article III of Chapter 17, to impose, collect and administer the annual lot mowing fees provided for hereunder, in which case the lot mowing services shall constitute "Essential Services" within the meaning thereof; provided, however, the resolutions imposing and establishing the amount of the annual lot mowing fee for the forthcoming fiscal year shall specify the terms and procedures applicable to interim lot mowing fees, prorations, splitting and/or combination of property, and credits upon discontinuation of lot mowing services.

(Ord. 44-21, § 3, 5-19-2021)

Nothing herein shall prohibit the city from utilizing other means to collect lot mowing fees or delinquent lot mowing fees, including, but not limited to, an action for damages filed in the appropriate court in Lee County, Florida.

(Ord. 44-21, § 3, 5-19-2021)

(a)

This article regulates the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies application rates and methods, fertilizer-restricted zones, low maintenance zones, and exemptions.

(Ord. 79-21, § 1, 10-6-2021)

(b)

This article requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the use of fertilizers. These secondary and cumulative effects have been observed in and on the City of Cape Coral's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of the City of Cape Coral's residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both Phosphorus and Nitrogen contained in fertilizer, will help improve and maintain water and habitat quality within the City of Cape Coral and vicinity.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

For this article, the following terms shall have the meaning set forth in this section unless the context clearly indicates otherwise.

ADMINISTRATOR. The City Manager, or an administrative official of City of Cape Coral government designated by the City Manager to administer and enforce the provisions of this article.

APPLICATION orAPPLY. The actual physical deposit of fertilizer to turf or landscape plants.

APPLICATOR. Any person who applies fertilizer on turf and/or landscape plants in the City of Cape Coral.

BEST MANAGEMENT PRACTICES. Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

CITY OF CAPE CORAL APPROVED BEST MANAGEMENT PRACTICES TRAINING PROGRAM. A training program approved by the City of Cape Coral that includes at a minimum, the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2015," as revised and any more stringent requirements set forth in this article.

(Ord. 79-21, § 1, 10-6-2021)

CODE ENFORCEMENT OFFICER, OFFICIAL, or INSPECTOR. Any designated employee or agent of the City of Cape Coral whose duty it is to enforce codes and ordinances enacted by the City of Cape Coral.

COMMERCIAL FERTILIZER APPLICATOR. Except as provided in F.S. § 482.1562(9), any person who applies fertilizer on turf or landscape plants in the City of Cape Coral to property not owned by the person or firm applying the fertilizer, and the employer of the applicator in exchange for money, goods, services or other valuable consideration.

(Ord. 79-21, § 1, 10-6-2021)

FERTILIZE, FERTILIZING, orFERTILIZATION. The act of applying fertilizer to turf, specialized turf, or landscape plants.

FERTILIZER. Any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

FERTILIZER-RESTRICTED ZONE. Within 15 feet of any pond, stream, watercourse, lake, canal, or wetland, as defined by the Florida Department of Environmental Protection, or from the top of a seawall.

(Ord. 79-21, § 1, 10-6-2021)

GOVERNING BODY. The City Council of the City of Cape Coral, Florida.

GUARANTEED ANALYSIS. The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

IMPERVIOUS SURFACE. Hard surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly affect the natural infiltration or runoff patterns which existed prior to development.

INSTITUTIONAL APPLICATOR. Any person, other than a non-commercial or commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. INSTITUTIONAL APPLICATORS shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

LANDSCAPE PLANT. Any native or exotic tree, shrub, or groundcover, but excluding turf.

LOCAL BUSINESS TAX RECEIPT. The document that is issued by the local governing authority and evidences that the person in whose name the document is issued has complied with the provisions of F.S. Chapter 205, relating to the local business tax.

PERSON. Any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.

PROHIBITED APPLICATION PERIOD. June 1 through September 30 and, otherwise, the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of Lee County, issued by the National Weather Service, or if heavy rain is likely. Notwithstanding the foregoing, the City Manager is authorized to extend the prohibited application period for an additional period of one month from May 1 through May 31 as provided in § 9-103.

(Ord. 79-21, § 1, 10-6-2021)

SLOW RELEASE, CONTROLLED RELEASE, TIMED RELEASE, SLOWLY AVAILABLE, orWATER INSOLUBLE NITROGEN. Nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.

TURF. An area of grass-covered soil held together by the roots of the grass, including, but not limited to, sod or lawn.

(Ord. 79-21, § 1, 10-6-2021)

URBAN LANDSCAPE. Pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in F.S. § 570.02.

(Ord. 86-10, 11-29-2010)

This article shall be applicable to and shall regulate any and all applications of fertilizer and areas of application of fertilizer within the City of Cape Coral, unless the applicator or property is specifically exempted by the terms of this article by § 9-108. This article shall be prospective only and shall not impair any existing contracts.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

No applicator shall apply fertilizers containing Nitrogen or Phosphorus to turf or landscape plants during a prohibited application period. The City Manager is authorized to extend the prohibited application period for an additional period of one month from May 1 through May 31, if it is in the best interest of the public health, safety, and welfare, including, but not limited to, permit requirements associated with public projects.

If the City Manager extends the prohibited application period as provided herein, the City Manager shall inform the City Council of the reasons for the extension prior to the extension. Upon the extension of the prohibited application period, the City Manager, or the City Manager's designee, shall post a written notice of such extension at conspicuous place(s) in the Cape Coral City Hall. The City Manager, or his designee, shall also notify the local media, city employees, businesses, and residents as soon as possible and in the manner most practicable and expeditious.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

Except as provided in § 9-108, fertilizer shall not be applied within any fertilizer-restricted zone other than by hand dispersion which ensures that no fertilizer is dispersed into the water.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

(a)

Fertilizers applied to turf or landscape plants within the City of Cape Coral shall be applied in accordance with requirements and directions provided by Rule 5E-1, Florida Administrative Code, as it may be amended.

(b)

The application of fertilizers containing Phosphorus is prohibited within the City of Cape Coral unless a soil test conducted within the last two years indicates a Phosphorus deficiency. Unless such soil test shows a Phosphorous deficiency, fertilizer containing Phosphorous shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding. The soil test method and limits shall be those recommended by the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS). Notwithstanding the foregoing, no person shall apply fertilizer containing Phosphorous to turf or landscape plants during a prohibited application period.

(c)

Fertilizers applied to turf and/or landscape plants within the City of Cape Coral shall contain no less than 50% slow release Nitrogen per guaranteed analysis label. No more than four pounds of Nitrogen per 1,000 square feet shall be applied to any turf/landscape area in any calendar year.

(d)

No person shall apply fertilizer containing Nitrogen to turf or landscape plants during a prohibited application period.

(e)

Fertilizer containing Nitrogen shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding.

(f)

Fertilizers shall be applied to turf and landscape plants at the lowest rate necessary.

(g)

Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer-restricted zones and water bodies, including wetlands.

(h)

Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. Notwithstanding the foregoing, in no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, swales, ditches, conveyances, or water bodies, including wetlands.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

(a)

The City Manager, or the City Manager's designee, shall prepare a notice stating that the use of fertilizer in the City shall be applied in accordance with Chapter 9, Article VI, Cape Coral Code of Ordinances. The City will distribute copies of such notice to all retail establishments selling fertilizer in the City. The City encourages that all retail establishments selling fertilizer in the City post such notice in a conspicuous location at the establishment in order to educate residents.

(b)

The City shall provide on the City website a voluntary educational program for residents regarding the use of fertilizer.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

In no case shall grass clippings, vegetative material, or vegetative debris, either intentionally or accidentally, be swept, or blown off into stormwater drains, swales, ditches, conveyances, water bodies, wetlands, sidewalks, or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

The provisions set forth in this article shall not be applicable to:

(1)

Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14.

(2)

Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock.

(3)

Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.

(4)

All golf courses, provided that landscaping is done within the provisions of Rule 5E-1, Florida Administrative Code, and the Florida Department of Environmental Protection Document, " Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007," (Florida Golf Course BMPs), as both may be amended.

(5)

All athletic fields and parks, provided that landscaping is done within the provisions of Rule 5E-1, Florida Administrative Code, as may be amended.

(6)

Vegetable gardens, provided they are not within 15 feet of any water body or wetland.

(7)

Yard waste compost, mulches or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.

(8)

Reclaimed water used for irrigation (which may contain substantial amounts of Nitrogen and Phosphorus).

(9)

Except during a prohibited application period, fertilizer containing Nitrogen may be applied to newly planted turf and landscape plants within a fertilizer-free zone only for a 60-day period beginning 30 days after planting, if needed to allow the plants to become well established and caution is used to prevent direct deposition of nutrients into the water, provided such fertilizer is applied in accordance with Rule 5E-1, Florida Administrative Code, as may be amended.

(10)

Except during a prohibited application period, if a soil test conducted within the last 2 years shows a Phosphorous deficiency, fertilizer containing Phosphorous may be applied to newly planted turf and landscape plants within a fertilizer-free zone only for a 60-day period beginning 30 days after planting, if needed to allow the plants to become well established and caution is used to prevent direct deposition of nutrients into the water, provided such fertilizer is applied in accordance with Rule 5E-1, Florida Administrative Code, as may be amended. The soil test method and limits shall be those recommended by the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS).

(11)

Hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.) or in accordance with the Stormwater Pollution Prevention Plan for that site.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

(a)

All commercial fertilizer applicators and institutional applicators working within the City shall abide by and successfully complete the six-hour training program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection (FDEP) through the University of Florida Extension "Florida-Friendly Landscapes" program or other FDEP-approved training program, pursuant to F.S. § 403.9338, as amended. Completion of this training program shall be repeated a minimum of once every four years.

(b)

Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.

(Ord. 86-10, passed 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

(a)

Commercial fertilizer applicators working within the City shall obtain, and renew every four years, a Limited Urban Commercial Fertilizer Applicator Certification from the Florida Department of Agriculture and Consumer Services (FDACS), pursuant to F.S. § 482.1562, as amended, prior to the business owner or the employer obtaining a City of Cape Coral local business tax receipt for any category of occupation which may apply any fertilizer to turf or landscape plants.

(b)

Commercial fertilizer applicators working within the City shall provide proof of their Limited Urban Commercial Fertilizer Applicator Certification to the Licensing Division of the City's Department of Community Development (DCD), or such other department as designated by the City Manager, within 180 days of the effective date of this article. Such certification shall be dated no more than four years prior to submittal to DCD. Upon providing the information required under this section, the applicator will be issued vehicle decals which shall be affixed and maintained to exterior vehicles and trailers used for services performed within the City of Cape Coral.

(c)

Commercial fertilizer applicators working within the City shall have and carry in their possession at all times when applying fertilizer, proof of their Limited Urban Commercial Fertilizer Applicator Certification from the FDACS, dated no more than four years prior.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

(a)

Any person, firm, company, corporation or other entity, who refuses to comply with or violates any section of this article, shall be subject to the following penalties.

(1)

First violation - $100;

(2)

Second violation - $250;

(3)

Third violation and violations thereafter - $500.

Each non-compliance or violation, and each day thereof, shall constitute a separate offense.

(b)

This article may be enforced by any duly authorized code enforcement officer.

(Ord. 79-21, § 1, 10-6-2021)

(c)

Code enforcement officers shall be authorized and empowered to make inspections at reasonable hours of all activities regulated by this article in order to ensure compliance with the provisions of this article. Upon consent of the property owner or person in control of the fertilizer tank or spreader, samples may be taken from spray tanks or fertilizer spreaders and analyzed at the City's expense in order to ensure compliance with the provisions of this article.

(Ord. 79-21, § 1, 10-6-2021)

(d)

Nothing contained herein shall prevent the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this article. Such other lawful action shall include but shall not be limited to, any equitable action for injunctive relief or an action at law for damages.

(Ord. 79-21, § 1, 10-6-2021)

(e)

Any person, firm, company, corporation or other entity that violated this article shall be responsible for the City's cost of prosecution of any violation of this article, including any City costs to remedy or clean up any environmental condition caused by an act which constitutes a violation of this article. In the event any such costs are incurred by the City, such person, firm, company, corporation or other entity shall reimburse the City for all such costs within 30 days of the City's invoice for such costs.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)

For the purposes of this article, the following words and phrases shall have the following meanings:

(Ord. 28-99, 6-14-1999)

GARBAGE. Any waste accumulation of animal, fruit or vegetable matter, either alone or in combination with other matter, that attends or is attributable to the preparation, cooking, consumption or other use, or dealing in, handling or storage of such items or the products produced therefrom, and the containers in which the items are packaged.

HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter or literature:

(1)

Which advertises for sale any merchandise, product, commodity or thing; or

(2)

Which directs attention to any business, mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(3)

Which direct attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.

JUNK. Old iron, glass, paper, waste, used bricks or cement blocks, or parts thereof; parts of broken furniture; non-serviceable or discarded motor vehicles of all types and character either in whole or in part; tin cans of all kinds and sizes; bottles of all kinds and sizes; oil and grease cans and drums; broken or discarded articles of metal of all kinds; boards, lumber and boxes of all kinds, whether made of wood or other materials; discarded iceboxes, refrigerators; broken or dilapidated toys, bicycles or other riding apparatuses; sports or athletic equipment; and all other items and articles which may be termed as JUNK.

(Ord. 60-02, 6-3-2002)

LITTER. Garbage, refuse, rubbish, trash, can, bottle, box, container, paper, tobacco product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining, agricultural or governmental operations.

NEWSPAPER. Any newspaper of general circulation, as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

PARK. A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

PRIVATE PREMISES. 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 the dwelling, house, building or other structure.

PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE. All putrescible and nonputrescible solid wastes, except body wastes, such as rubbish, ashes, street cleanings, dead animals, abandoned automobiles, leaves, wood, glass, bedding, crockery and similar materials.

RUBBISH. Waste material, such as stumps, tree limbs, logs, abandoned motor vehicles and parts thereof, abandoned refrigerators and electrical appliances, tools, playground and lawn furnishings and equipment, toys, cycles, furniture and other household items and the like, refuse and waste material from construction and manufacturing operations and the like. RUBBISH also includes metal, plastic, fabric, paper and paper products, grass, grass clippings, sod, shrubbery clippings, plants, plant clippings, palm fronds, sand, soil, dirt, rocks, gravel and the like.

(Ord. 128-07, § 1, 10-15-2007; Ord. 69-09, § 1, 1-25-2010)

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

(Ord. 28-99, 6-14-1999)

(a)

Litter thrown or deposited by persons. While a pedestrian, driver of or passenger in a vehicle, to throw or deposit litter upon any street or other public place within the city, or upon private property;

(b)

Loaded trucks causing litter. To drive or move any loaded truck or other vehicle within the city unless the vehicle is loaded or covered in such a manner as to prevent the contents from blowing or spilling from the vehicle;

(c)

Litter in parks. To throw or deposit litter in any park within the city except in designated public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where designated public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein;

(d)

Litter in canals, lakes and fountains. To throw or deposit litter in any fountain, pond, lake, stream, bay, river, canal or any other body of water in a park or elsewhere within the city or boundaries thereof;

(e)

Depositing handbills on uninhabited or vacant premises. To throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant;

(f)

Distributing handbills at inhabited private premises. To throw, deposit or distribute any handbill in or upon private premises, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon the private premises; provided, however, that in case of inhabited private premises which are not posted as provided in this section, the person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by the federal postal law or regulations;

(g)

Prohibiting distribution of handbills where properly posted. To throw, deposit or distribute any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing", "No Peddlers or Agents", "No Advertisement", or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their rights of privacy disturbed, or to have any such handbills left upon such premises;

(h)

Litter on occupied private property. To throw or deposit litter on any occupied private property within the city, whether owned by the person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. The owner or person in control of any private property shall, at all times, maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection;

(i)

Litter on vacant lots. To throw or deposit litter on any open or vacant private property within the city whether owned by such person or not;

(j)

Litter on public streets, alleys, sidewalks or property. To sweep, throw, or otherwise deposit or cause to be swept, thrown or otherwise deposited, any refuse into or on any public street, alley, sidewalk or the property of another person or property which is in the possession of another person within the city, or to permit any refuse to accumulate in such manner that it may be carried and deposited into or on any of the above places by action of the rain or wind;

(k)

Containment of litter. To throw, cast or otherwise deposit any paper, garbage, rubbish or containers of any kind in or upon any curb, gutter, street, avenue, highway, tunnel, sidewalk, park, parkway or lot, vacant or occupied, except in bundles, packages and/or containers adequately tied or covered which will prevent same from being scattered by animals, wind or rain, to be picked up by authorized garbage and/or refuse personnel. The containers may be placed upon the easement property between the lot line and the street no earlier than the day prior to the regularly scheduled day of garbage and/or refuse pickup. Containers and/or items left by the garbage and/or refuse personnel shall be removed or caused to be removed by the resident on the scheduled day of pickup; and

(l)

Penalties. Any person who violates this section of this article shall be cited as follows:

(1)

Civil penalties.

a.

Any person who litters in violation of this section is guilty of a non-criminal infraction, punishable by a civil penalty of $100 for the first violation.

b.

Any person who litters in violation of this section is guilty of a non-criminal infraction, punishable by a civil penalty of $250 for a second violation.

c.

Any person who litters in violation of this section is guilty of a non-criminal infraction, punishable by a civil penalty not to exceed $500 for a third violation.

d.

All fines can be converted to community service time.

(2)

Criminal penalties. The fourth and all subsequent violations of this section shall constitute a misdemeanor of the second degree and shall be punishable by a fine of up to:

a.

Five hundred dollar fine; and/or

b.

Imprisonment of up to ten days, and/or community service time as prescribed; or

c.

By both such fine and imprisonment and/or community service time, all as prescribed by Florida Statutes.

(Ord. 3-07, 2-12-2007; Ord. 69-09, § 2, 1-25-2010)

(a)

It shall be unlawful for any person or entity to do, perform, have, allow, suffer or permit on the person or entity's private premises or property under the person or entity's 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:

(1)

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.

(2)

Dangerous buildings. To allow, suffer or permit any building or structure which by act of God, fire, decay or other cause has or may become structurally dangerous, unsafe, dilapidated or in an unsanitary condition without forthwith doing and performing all things necessary to cause such building or structure to be reconstructed, restored, torn down or removed in conformity with applicable laws or regulations of the city which may now or hereafter be applicable in respect thereto.

(3)

Stagnant water. To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or within any receptacle or structure deposited or erected either above or below the ground without exercising necessary precaution to prevent the propagation of mosquitoes therein.

(4)

Sidewalk repair. To neglect or fail to keep in a state of good repair any sidewalk, footway or foot pavement situated upon private premises by the party owning, occupying or having the custody of such premises.

(5)

Storage of junk. To keep or store junk unless such junk is kept or stored in an enclosed building in such manner and under such conditions that the keeping or storage of such junk shall not constitute a menace to the public health, safety and general welfare of the inhabitants of the city and thereby become a nuisance. For purposes of this Section, a carport on a property zoned for residential purposes shall not be considered an "enclosed building" and no junk shall be stored in such a carport. In addition, no pesticides or chemicals of any kind and no appliances, including but not limited to, washers, dryers, freezers, or refrigerators, shall be stored in carports located in residential zoning districts, regardless of whether such appliance(s) are in operable condition. Furniture is allowed to be located in carports in residential zoning districts for purposes such as seating, lounging, dining, and recreation so long as such furniture is not in a dilapidated condition. Furniture shall not, however, otherwise be stored in a carport. For purposes of this Section, furniture shall be presumed to be "stored" in a carport located in a residential zoning district if it cannot, due to either its physical condition or to its location or arrangement be used for the purpose(s) for which the particular item of furniture is generally intended. For example, furniture that is broken or in a dilapidated condition or that is physically "stacked" with other items of any sort shall be presumed to be "stored" in a carport in violation of this Section.

(b)

Penalties and enforcement.

(1)

Any violation of Subsection (a) shall be subject to the following fines:

a.

If the violation is the first offense, a person or business shall receive a civil fine of $150;

b.

If the violation is the second violation within the preceding 12 months, a person or business shall receive a civil fine of $500;

c.

If the violation is the third violation within the preceding 12 months, a person or business shall receive a civil fine of $1,000; and

d.

If the violation is the fourth or subsequent violation within the preceding 12 months, a person or business shall receive a civil fine of $2,000.

(2)

Enforcement.

a.

The Cape Coral Police Department or the Code Compliance Division shall enforce this Section 9-16. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a violation of this section is observed, the enforcement officer will be authorized to issue a notice of violation. The notice of violation shall inform the violator of the nature of the violation, amount of civil fine for which the violator is liable, instructions and due date for paying the civil fine, that the violation may be appealed by requesting an administrative hearing before the special magistrate within ten days after service of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing. All notices required by this section shall be provided to the violator in accordance with Section 2-85(c) through (g) of the City Code of Ordinances.

b.

In the event the violator does not request an administrative hearing before the special magistrate within such ten-day period, the City may take any and all necessary actions to remediate the violation and bring the property into compliance and charge the violator with the reasonable cost of the repairs or the reasonable cost for removing or correcting the violation, along with the civil fine imposed pursuant to this section. The City correcting, remediating, or repairing the violation does not constitute a continuing obligation on the part of the City to make future repairs or to maintain the property and does not create any liability against the City for any damages to the property if the repairs were completed in good faith.

(3)

Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate.

a.

A violator who has been served with a notice of violation must elect to either:

i.

Pay the civil fine in the manner indicated on the notice of violation; or

ii.

Request an administrative hearing before the special magistrate to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation.

b.

The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in Sections 2-86 and 2-87 of the City Code of Ordinances, except as specifically provided in this section. Appeals for an administrative hearing of the notice of violation must be accompanied by a fee as approved by a resolution of the City Council, which fee shall be refunded if the named violator prevails in the appeal.

c.

If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special magistrate, the special magistrate may be informed of such failure by report from the enforcement officer. The failure of the named violator to appeal the decision of the enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly.

d.

A certified copy of an order imposing a civil fine, or a civil fine plus remediation costs, shall be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61st day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien.

e.

Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction.

f.

The special magistrate shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation.

g.

The special magistrate shall not have discretion to alter the penalties prescribed in Subsection (b)(1).

h.

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.

(Ord. 28-99, 6-14-1999; Ord. 60-02, 6-3-2002; Ord. 69-09, § 3, 1-25-2010; Ord. 19-24, § 2, 4-3-2024)

It shall be unlawful for any person to wrongfully and maliciously tear down, deface or cover up any posted advertisement or bill of any person when the same is rightfully posted and put up and during the time the sign or advertisement shall be of value.

It shall be the responsibility of all fence companies, tree surgeons, nurseries and landscaping contractors, or any individual or company doing work on private property, to remove from the premises all residue and rubbish resulting from the work.

(Ord. 1-72, § 4, 1-4-1972)

Editor's note— Ord. 48-11 § 1, adopted September 12, 2011, deleted § 9-19 in its entirety.

The purpose of this section is to provide an effective procedure to promptly notify property owners of the existence of nuisance accumulations of garbage, refuse, rubbish or trash located on their private property. This section is intended to direct and provide for the removal of nuisance accumulations 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.

GARBAGE. Every accumulation of animal, fruit and vegetable matter, either alone or in combination with other matter, that attends or is attributable to the preparation, cooking, consumption or other use, or dealing in, handling or storage of such items or the products produced therefrom, and the containers in which such items are packaged.

NUISANCE ACCUMULATIONS. Garbage, refuse, rubbish or trash which is located on private property.

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 the dwelling, house, building or other structure.

PUBLIC PROPERTY. Lands and improvements owned by the federal government, the state, the county or a municipality and includes sovereignty submerged lands located adjacent to the city, building, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property.

REFUSE. All putrescible and nonputrescible solid wastes, except body wastes, such as rubbish, ashes, street cleanings, dead animals, abandoned automobiles, leaves, wood, glass, bedding, crockery and similar materials.

RUBBISH. Waste material, such as stumps, tree limbs, logs, abandoned motor vehicles and parts thereof, abandoned refrigerators and electrical appliances, tools, playground and lawn furnishings and equipment, toys, cycles, furniture and other household items and the like, refuse and waste material from construction and manufacturing operations and the like. RUBBISH also includes metal, plastic, fabric, paper and paper products, grass, grass clippings, sod, shrubbery clippings, plants, plant clippings, palm fronds, sand, soil, dirt, rocks, gravel, and the like.

SPECIAL MAGISTRATE. The Code Enforcement Special Magistrate appointed by City Council.

TRASH. The accumulation of material which does not meet the definition of "garbage", "refuse" or "rubbish" and which may have some real or perceived value to the owner of private property upon which it is located, but which constitutes, by its existence, a nuisance in that it devalues the underlying or adjacent property, creates a public nuisance, nuisance per se or attractive nuisance, as defined by law, or threatens the public health, safety and welfare.

(b)

Nuisance declared. It is hereby declared by the City of Cape Coral City Council that nuisance accumulations on private property shall constitute a public nuisance, subject to immediate abatement as provided by this section or by any other remedy in law or equity, if:

(1)

The private property is not:

a.

A legally permitted junkyard, automobile wrecking or wrecking yard or sanitary landfill as regulated by the city Land Development Code or any other applicable ordinance; or

b.

Zoned or permitted by special permit or variance to allow such nuisance accumulations; and

(2)

The nuisance accumulation impairs the economic value of the underlying or adjacent property, creates a danger to the public health, safety and welfare, constitutes an attractive nuisance as defined by law, or creates a fire hazard; and

(3)

The accumulation is not made as a part of a regularly scheduled garbage removal program or service.

(c)

Investigating and enforcing authority. The Director of the Department of Community Development or the Director's designee (hereinafter referred to as "Director") is empowered to investigate and enforce the provisions of this section in regard to the disposition of nuisance accumulations 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. 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.

(d)

Abatement procedure.

(1)

When the Director or his or her designee has determined that a violation of this section exists, the owner of the underlying private property shall, after notice, remove or cause to be removed and properly disposed of, the nuisance accumulations within the time period stated in said notice.

(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 to the property owner 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 property owner, 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, termi-nated 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 accumulation has 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 Director's 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 property 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.

(Ord. 128-07, § 2, 10-15-2007; Ord. 69-09, § 5, 1-25-2010)

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 Director's 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 Director's 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.

(Ord. 128-07, § 2, 10-15-2007; Ord. 69-09, § 6, 1-25-2010)

(Ord. 128-07, § 2, 10-15-2007)

(a)

Purpose. Certain non-native plant species are undesirable and detrimental to the health, safety and welfare of the inhabitants of the city. The proliferation of non-native plant species creates costly maintenance problems along roadways, encourages illegal dumping, and can cause visibility and drainage problems in city rights-of-way. Certain species of non-native plants such as Melaleuca, are significant fire hazards, and Australian Pines can cause costly damage and cleanup in the event of a hurricane. Since these plants are invasive and tend to proliferate readily, it is not reasonable to remove them only from city rights-of-way. Removing them entirely from the affected property is the most cost effective way to control these undesirable species. It is therefore in the public interest for the city to undertake the removal of the following undesirable non-native plants in areas of the city where they have proliferated: Brazilian Pepper, Australian Pine, Carrotwood, Earleaf Acacia and Melaleuca Species.

(b)

General. The City Council of the city is hereby authorized to appropriate funds for the purpose of removing undesirable non-native plant species from unimproved property located in the city. To the maximum extent feasible, the funds to accomplish the removal of undesirable non-native plant species shall be generated from the city's lot mowing program.

(c)

Authority to enter upon private property. In order to effectively accomplish the complete removal of undesirable non-native plants, the city and its agents are hereby authorized to enter upon private undeveloped property located in the city for the sole purpose of clearing that property of Brazilian Pepper, Australian Pine, Carrotwood, Earleaf Acacia and Melaleuca Species. Prior to undertaking removal of the plant species in any area of the city, the City Clerk shall publish a notice of the intended action in a newspaper of general circulation in the city advising owners of property in the affected area that the city is undertaking the removal of one or more of the above described non-native plant species and that their property may be affected by the removal.

(d)

Inclusion of cleared property in city lot mowing program. All property from which undesirable non-native plants have been cleared by the city, as authorized herein, shall be included in the city's lot mowing program unless the owner thereof notifies the city that the owner has retained the services of city-licensed lot mowing company. Any owner who contracts with a private lot mowing company shall provide the city with a copy of the contract. All owners who elect to retain the services of a private lot mowing contractor shall be responsible for insuring that their property is maintained as required by § 9-43 of the city code.

(Ord. 35-93, 7-12-1993; Ord. 9-00, § 1, 2-14-2000)