HomeMy WebLinkAbout1980 ~ ,
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' IN THB CIRCUIT COURT OF THB NINE- -
T88NT8 JIIDICIAL GIRCOIT TN AND FOR _
ST. LUCIB COUNTY, FLORIDA. -
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CIpIL ACTION N0. 78-411 _
DIIlITRY N. ALBBANDSR, -
Plaintif#,
vs.
CITY OF PORT ST. I;UCIB,
a municipal corporation, _
Defendant.
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FINAL JUDrG1rIBNT - _
THIS CAUSE having come on for non-jurp trial on June -
29, 1979, and the. Court having considered all of the evidence F`
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and memoranda of iaw submitted by counsel, finds and determines: -
_ - t.:
This is a*: action for declaratory relief and for an -
injunction to perpetually enjoin the Defendant from enforcing
City Ordinance 78-8, and to enjoin the De#endant from unreasonably
interfering with Plaintiff's property.-
Plaintiff is the owner"of a vacant lot in the City of _
p.;
Port S-t. Lucie. In 1978, the City of Port St. Lucie enacted an
ordinance regulating weeds, brush and debris, and providing for
the removal by the City and for the perfection of a lien for the
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cost of removal. Section I A(2) of Ordinance 78-2
provided as F.
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follows: - -
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A wild intermixed or untended or dense wild
- growth or wild noxious or poisonous. growth-of -
_ trees, plants, vines, weeds, or underbrush, or
weeds or grass exceeding twelve `(1'2)inches high
within a radius extending a distance of 80 feet
frog any building. or to the nearest roadway,
whichever is closest,: within the City,- is hereby _
-declared 'to be a fire hazard endangering the t'
public safety; and also constitutes a ~p~tblic _
nuisance which is hereby pro~iib~i'ted, and .there- _
fore, must be abated in an area 80 feet surround-
ing any building or to the nearest roadway, '
whichever is closest. -
At the beginning of this trial, attorney"-for-Defendant announced '
- that the following was being deleted from this ordinance:
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"wild intermixed or untended or-dense wild
growth or .trees"
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