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ORDINANCE NO. 00-013
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 7.09.05(A)(1),
LANDSCAPING AND SCREENING, REMOVAL OF EXOTIC VEGETATION,
TO CLARIFY THE TYPE OF EXOTIC VEGETATION THAT IS REQUIRED
TO REMOVED DURING ALL NEW DEVELOPMENT ACTIVITIES; BY
AMENDING SECTION 7.09.05(A) BY CREATING A NEW PARAGRAPH (2)
PROHIBITING THE PLANTING OF ANY SPECIES LISTED AS A
"CATEGORY I" PLANT SPECIES IN THE LATEST EDITION OF THE
FLORIDA EXOTIC PEST PLANT COUNCILS "MOST INVASIVE SPECIES
LIST."; BY AMENDING SECTION 7.09.05(B) TO CLARIFY THE
PROCEDURES AND PROCESS ASSOCIATED WITH DECLARING
CERTAIN EXOTIC PEST PLANTS AS "INVASIVE SPECIES" AND
AUTHORIZING THEIR REMOVAL IN THE EVENT OF A FILED
COMPLAINT FOR PROPERTIES IN RECORDED SUBDIVISIONS
LOCATED IN THE UNINCORPORATED AREAS OF THE COUNTY BY
PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR
CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determination:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Land Development
Code.
2. The Board of County Commissioners has adopted certain
amendments to the St. Lucie County Land Development Code,
through the following Ordinances
Ordinance #00-013e
Final
91-03 -
March 14, 1991
91-09 -
May 14, 1991
91-21 -
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November 7, 1991
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92-17 -
June 2, 1992
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93-01 -
February 16, 1993
93-03 -
February 16, 1993
93-05 -
May 25, 1993
93-06 -
May 25, 1993
93-07 -
May 25, 1993
94-07 -
June 22, 1994
94-18 -
August 16, 1994
94-21 -
August 16, 1994
95-01 -
January 10, 1995
96-10 -
August 6, 1996
97-01 -
March 4, 1997
97-09 -
October 7, 1997
97-23 -
September 2, 1997
99-01 -
February 2, 1999
99-02 -
April 6, 1999
99-03 -
August 17, 1999
99-04 -
August 17, 1999
99-05 -
July 20, 1999
99-15 -
July 20, 1999
99-16 -
July 20, 1999
99-17 -
September 7, 1999
99-18 -
November 2, 1999
00-10 -
June 13, 2000
00-11 -
June 13, 2000
00-12 -
June 13, 2000
3. On February 17, 2000, the Local Planning Agency/ Planning and
Zoning Commission held a public hearing on the proposed ordinance
after publishing notice in the Port St. Lucie News and the Tribune at
least 10 days prior to the hearing and recommended that the
proposed ordinance be approved.
4. On April 18, 2000, this Board held its first public hearing on the
proposed ordinance, after publishing a notice of such hearing in the
Port St. Lucie News and the Tribune on April 7, 2000.
5. On May 16, 2000, this Board held its second public hearing on the
proposed ordinance, after publishing a notice of such hearing in the
Port St. Lucie News and the Tribune on May 4, 2000, and continued
the public hearing on this ordinance until June 13, 2000.
6. On June 13, 2000, this Board continued with the public hearing on the
proposed ordinance and accepted additional public comments and
testimony.
7. The proposed amendments to the St. Lucie County Land
Development Code are consistent with the general purpose, goals,
objectives and standards of the St. Lucie County Comprehensive Plan
and are in the best interest of the health safety and public welfare of
the citizens of St. Lucie County, Florida.
Ordinance #00-013e
Final
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NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO
READ AS FOLLOWS, INCLUDE:
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
7.09.00 LANDSCAPING AND SCREENING
7.09.05 REMOVAL OF EXOTIC VEGETATION
A. GENERAL
1. Any developer submitting a site plan for site plan approval or in conjunction with a
Conditional Use Permit, Planned Unit Development, er Planned Non -Residential
Development, or Planned Mixed Use Development shall be required to remove, and
chemically treat any remaininq stumps, of all of the following exotic vegetation occurring
en site listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant Councils
"Most Invasive Species List."
Mclaleuca quinquencrvia:
SC,
chinus tercbinthifolius:
Casuarina, all spocies:
Mclalcuca, punk or paper trcc
Brazilian pepper trcc
Includes Australian pinc
2. No person shall plant or cause to be planted or permit to be planted, anywhere within the
area of unincorporated St. Lucie Countv, any species listed as a "Category I" in the latest
edition of the Florida Exotic Pest Plant Councils "Most Invasive Species List."
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B. AUSTnALIAN f INE AND/Ofi BIlAZILIAN OAK TREE I IEIGI IT MAINTENANCE
EXOTIC PEST PLANTS; MAINTENANCE AND REMOVAL
2.
Nuisances declared and prohibited
a. It is found and declared to be expedient and necessary to the preservation of the
public health, comfort, safety and welfare of the inhabitants of St. Lucie County that
all lots in recorded subdivisions of St. Lucie County, outside of municipalities, be
required to be kept free from Australian pinc and/or Brazilian oaktreEs and species
listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant Councils
"Most Invasive Species List," which, by reason of height, proximity to neighboring
structures, physical condition, or other peculiar characteristics, might cause
damage to life or property within the immediate area surrounding the same. The
existence of gees vegetation which create a hazard is declared to be a public
nuisance. Erosion control measures or reseedinq of the area from which the exotic
vegetation was removed may be required.
b. No person shall plant or cause to be planted or permit to be planted, anywhere
within recorded subdivisions of unincorporated St. Lucie County, anvspecies listed
as "Category I" in the latest edition of the Florida Exotic Pest Plant Councils "Most
Invasive Species List" Casuarina (also known as Australian pins) trocs and/or
Brazilian oak troes
C. Existing individual Australian pine and/or Brazilian eak pepper trees located within
recorded subdivisions of unincorporated St. Lucie County shall be maintained at
a height not to exceed the distance between the tree and the nearest property line,
minus ten (10) feet. The existence of any such trees is hereby declared to be a
public nuisance.
Notice to property owner
If the Public Works Director or his designee finds and determines, based upon a complaint
by an owner or tenant of property adjacent to a lot which is the site of such a tree, that a
public nuisance as described and declared in this section exists, he shall notify the record
owner of the offending property in writing and demand that such owner cause the condition
to be remedied within thirty (30) days of mailing, serving or posting of notice. Such notice
may be in substantially the following form:
TO:
Address:
NOTICE
Date:
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3.
Property:
You, as the owner of record of the property above described, are hereby
notified that the Board of County Commissioners of St. Lucie County,
Florida, on the day of . 49 20 , determined that
a nuisance exists upon such property, caused by:
(list briefly the details)
You are hereby notified that you must abate this nuisance within thirty (30)
days, failing in which, the Board of County Commissioners will have it
done; and the cost thereof will be levied as an assessment against such
property.
The notice shall be sent by certified mail, return receipt requested, with a request to the
postal service to return after five (5) days, if undeliverable, and shall be addressed to the
owner of the offending property as their name or names and mailing address appear on the
records of the County Property Appraiser and shall be deemed sufficient and complete
when so addressed and deposited in the United States mail with proper postage prepaid,
unless such notice is returned by the postal service as undeliverable. If the notice is
returned, the Development Director or his designee shall deliver a copy of the notice to the
occupant, if any, of the property or to any known agent of the owner who can be found
within the county; and if still unable to deliver the notice, he shall physically post such notice
on such land at or near the front property line thereof.
Right of hearing before the Board of County Commissioners
Any notice given under Section 7.09.05(B)(2) shall advise the property owner that within
thirty (30) days after the mailing, serving or posting of notice, as the case may be, he may
make a written request to the Board of County Commissioners in care of the County
Administrator for a hearing before the body to afford him an opportunity to show that the
condition does not constitute a public nuisance or to contest the determination of the Public
Works Director or his designee. After receipt of such a request, the County Administrator
shall schedule a hearing thereon at the next available mocting of before the Board of
County Commissioners. The Board of County Commissioners shall review the appeal at
a public meeting within thirty (30) calendar days from the date the appeal is received by the
Countv Administrator. ai*cdi9efurther action shall betaken to abate any nuisance involved
until the matter has been resolved by the Board of County Commissioners.
Abatement by county
If, thirty (30) days after mailing, serving or posting of notice, as the case may be, no hearing
has been requested and the conditions described in the notice have not been remedied or
abated, the Public Works Director or his designee shall authorize the condition to be
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remedied or abated by the County at the expense of the property owner. If a hearing has
been held and has been concluded adversely to the property owner, the Administrator or
his designee shall authorize the condition to be remedied or abated by the County at the
expense of the property owner, unless the Board of County Commissioners direct
otherwise. The employees, servants, agents or contractors of the County are authorized
to enter upon the property and take such steps as are reasonably required to effect the
abatement.
Assessment of cost of abatement against property owner
After abatement the cost to the County, including a two dollar ($2.00) two hundred dollar
200 per lot administrative charge, shall be calculated and reported to the Board of
County Commissioners. Thereupon the Board of County Commissioners, by resolution,
shall assess the cost against the offending parcel. The resolution shall describe the
property and show the cost of abatement actually incurred by the County including the
administrative charge. Such assessment shall be a legal, valid and binding obligation
against the property until paid. The assessment shall become due and payable thirty (30)
days after the mailing of a notice of assessment after which interest shall accrue at the rate
of six (6) per cent per annum on any unpaid portion there.
Notice of lien
As soon as possible after the assessment has been made, the Board of County
Commissioners shall cause a certified copy of the assessment resolution to be filed in the
Office of the clerk of the Circuit Court in and for St. Lucie County; and the lien shall become
effective as of the date of filing such copy with the Clerk of the Circuit Court. The Clerk
shall mail a notice to the record owner or owners of each parcel of land described in the
resolution at the last available address for such owner which notice may be in substantially
the following form:
NOTICE
To:
Address:
Property:
You, as the record owner of the property above described, are hereby
advised that the Board of County Commissioners of St. Lucie County,
Florida, did on the day of , +9 20 _, order the
abatement of a certain nuisance existing on the above property, sending
you notice thereof, such nuisance being:
(hereby describe briefly)
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A copy of such notice has been heretofore sent you. You failed to abate
such nuisance; whereupon, it was abated by St. Lucie County at a cost of
$ . Such cost, by resolution of the Board of County Commissioners
of St. Lucie County, has been levied against the above property and has
become a lien thereon. You may pay such assessment to the office of the
Clerk of the Circuit Court of St. Lucie County, Courthouse, Fort Pierce,
Florida. If such assessment is not paid within one (1) year, suit will be
instituted to enforce said lien by the sale of said lots.
Board of County Commissioners
of St. Lucie County, Florida
By
If such assessment is not paid in full, including interest to the date of payment, within one
(1) year after it is filed in the office of the Clerk of the Circuit Court of St. Lucie County, it
may be enforced by civil action as other liens are enforceable in the State of Florida. Such
action shall include court costs, attorney's fees, and all other costs of enforcement.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County
ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void,
such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision
thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County's jurisdiction.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
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Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
PART H
Chairman John D. Bruhn
Vice Chairman Frannie Hutchinson
Commissioner Paula Lewis
Commissioner Cliff Barnes
Commissioner Doug Coward
CODIFICATION.
AYE
AYE
AYE
AYE
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and
the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of
this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts
B through H shall not be codified.
PASSED AND DULY ENACTED this 13th day of June, 2000.
BOARD OF COUNTY COMMISSIORIf=�-iy ,op
ATTEST: ATTEST: ST. LUCIE COS N , FLORIDA k
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. � � BY.
UQCLERK 7 CHAIRMAN
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Ordinance 400-013e
Final
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DJM
00-013d(Lndcod00-H)
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Ordinance #00-013e
Final
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