§ 20-56. Procedure for implementation.

(a)

Any property owner who maintains, permits or allows a nuisance on property as described in this article, shall be required to remove said nuisance by mowing that portion of the land covered by nuisance grasses and weeds.

(b)

The city manager shall inspect lands where a nuisance is suspected to exist. In the event inspection reveals nuisance grasses and weeds, the city manager shall notify the record owners by registered or certified mail, return receipt requested, and physically post a notice on the property which states that a nuisance exists. The notice shall demand that the owner remedy the condition or file a notice of appeal with the city manager. Notice shall be mailed to the address of the owners found in the county public records and tax rolls. The owner shall have ten days from the date the notice of violation is received to abate the nuisance. For the purposes of this article, the owner shall be deemed to have received notice on the tenth working day after the notice is placed in the United States Mail, certified and return receipt requested. In addition, evidence that notice has been mailed as provided in this section shall be sufficient to show that the notice requirements of this section have been satisfied, without regard to whether or not the property owner actually received such notice. The form of the notice of violation shall be as follows:

FIRST NOTICE OF VIOLATION

DATE OF MAILING: ________

TO: ___________

ADDRESS: ___________

PROPERTY: ___________

As the Owner of the above-described property, you are hereby notified that a nuisance exists upon such property, contrary to the Bonita Springs Lot Mowing Ordinance. The nuisance consists of grasses and weeds in excess of sixteen (16) inches in height, on the above-described property.

You are hereby ordered to abate the nuisance by mowing the grasses and weeds within ten (10) days of receipt of this Notice. Upon your failure to abate this nuisance, the City Manager shall order abatement thereof and at that time City employees, servants, agents or contractors will enter upon your property and abate the nuisance. The cost of such abatement will be levied as an assessment against your property. Thereafter, the City Manager shall prepare an assessment bill for the entire cost of abatement.

If you wish to contest this Notice of Violation, you may appeal to the City Manager. Requests for appeal must be made in writing and should be directed to the Code Enforcement Office within five (5) days of receipt of this Notice. All decisions of the City Manager shall be final.

A second notice will contain an invoice detailing the costs incurred by the City to abate the nuisance on your property along with a request for payment of these costs within thirty (30) days of the date of the notice. In the event this invoice is not paid in full within thirty (30) days, an assessment lien will be placed against your property.

The assessment is created by a lien signed by the Code Enforcement Hearing Examiner and includes the cost to abate the nuisance and associated administrative costs. Under the lien, the City will be entitled to collect interest on the unpaid balance of the assessment at the rate of twelve percent (12%) per year for the life of the lien. Upon execution of the lien, the City Manager will cause a certified copy of the lien to be recorded in the official public records of Lee County, Florida. You should understand that once this lien is recorded it constitutes a special assessment lien against your property that will remain until it is paid. This means that any subsequent transfer, sale or other disposition of the property will be affected or otherwise be encumbered by this lien. Further, you should also be aware that the City has the power to enforce any assessment, together with this accumulated interest thereon, by civil action, including but not limited to, foreclosure of the lien.

All questions and requests for appeals shall be directed to the City Manager c/o Code Enforcement, 9101 Bonita Beach Road, Bonita Springs, FL 34135.

(c)

Within five days of receipt of the first notice of violation by mail on posting, the owners of the property may make a written request to the city manager for a hearing to demonstrate that the condition alleged in the notice does not exist or that such a condition does not constitute a nuisance. All decisions of the city manager shall be final.

(d)

At the expiration of the ten-day period, the city manager shall reinspect the described premises to ascertain whether the nuisance has been abated. Should the city manager determine that the condition of the subject lot or acreage remains a nuisance as defined in this article, the city manager is authorized to enter upon the property and take such steps as are reasonably necessary to effect abatement. The city manager is also authorized to abate the nuisance if reasonable attempts to notify the owners have failed with the ability to place a lien on the property upon a finding by the code enforcement hearing examiner that exigent circumstances existed or that service was purposely obstructed by the property owner or agent.

(e)

After abatement by the city manager, the city manager shall prepare an assessment invoice which includes the name of the owners, a description of the affected parcel, and a brief description of services rendered, including administrative and operating expenses incurred in abating the nuisance. The city manager shall send this information by regular mail to the owners. The notice shall demand payment of the assessment within 30 days of mailing; and shall provide that, if the assessment invoice is not paid as directed, the city will place a lien against the property. Interest on said lien shall accrue at a rate of 12 percent per annum on the unpaid balance of the assessment. The notice shall state that at the time and place mentioned (not less than 30 days from the date of mailing of said notice), the city shall levy a special assessment lien signed by the hearing examiner in the full amount of such costs listed against the assessed properties. Such lien shall describe the property and show the cost of abatement. After the assessment lien has been executed, a certified copy of the lien shall be recorded in the official records of the county. The special assessment lien shall become effective and due and payable to the city on the date the lien is recorded by the clerk of the circuit court, and such recordation shall serve as constructive notice of the existence of said lien. Until payment is complete, such assessment shall be a legal, valid and binding obligation on the property. The form of the second notice of violation shall be as follows:

SECOND NOTICE AND INVOICE

RE: PROPERTY STRAP NO. and SUBDIVISION/STREET

INVOICE NO.: _____

REFERENCE NO.: * _____

CONTRACTOR REIMBURSEMENT $

CERTIFIED MAIL REIMBURSEMENT $

ADMINISTRATIVE REIMBURSEMENT $

As the Owner of Record of the above-described property, you were notified on (date) that a nuisance existed on your property contrary to the City of Bonita Springs Lot Mowing Ordinance. At that time, you were ordered to remove the nuisance grass and weeds within ten (10) days of receipt by mail, or risk the imposition of an assessment lien against the property for the full cost of abatement to the City.

Since the violation was not abated in a timely fashion, the City Manager took steps necessary to remove the nuisance grass and weeds. At the present time, there is an impending assessment lien, which shall accrue interest at a rate of twelve percent (12%) per annum on any unpaid balance, if not paid within thirty (30) days from the date this notice was mailed.

If the City has not received full payment, the City will record a special assessment lien against the property. The assessment lien will be a legal, valid and binding obligation. Once recorded, the assessment lien shall run with the land and must be satisfied upon sale, transfer or any other disposition of the property. This assessment together with interest thereon, may be enforced by civil action in a Lee County Court of appropriate jurisdiction.

It is hereby requested that you immediately pay such assessment to the City Manager c/o Code Enforcement, 27300 Old 41 Road, Bonita Springs, FL 34135, and [phone].

Please use this reference number in all correspondence.

(Ord. No. 03-08, § 6, 5-7-2003; Ord. No. 07-19, § 6, 11-7-2007)