ORDINANCE NO. 13-H AN ORDINANCE OF THE CITY OF ST.

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1 PETERSBURG, FLORIDA, RELATING TO PUBLIC HEALTH AND SAFETY; CREATING SECTION 4-7 OF THE CITY CODE, MAKING IT UNLAWFUL FOR ANY PERSON TO ALLOW ANY ACTIVE HIVE AN ORDINANCE OF THE CITY OF ST. person is a beekeeper with an apiary that is registered with the Florida Department of Agriculture and Consumer Services, as required by Florida law. yellow jackets or other stinging insects sufficient in number to be capable of exhibiting swarming behavior to remain upon any property owned or leased by that person unless that It shall be unlawful for any person to allow any active hive of bees, wasps, Sec Bees, wasps, yellow jackets and other stinging insects. Section 1. The St. Petersburg City Code is hereby amended by adding a new Section 4-7 to read as follows: THE CITY OF ST. PETERSBURG, FLORIDA, DOES ORDAIN: OF THE CITY CODE, RELATING TO EFFECTIVE DATE. OF BEES, WASPS, YELLOW JACKETS OR OTHER STINGING INSECTS SUFFICIENT IN NUMBER TO EXHIBIT SWARMING BEHAVIOR TO REMAIN REGISTERED APIARY; AMENDING SECTION VEGETATION THAT VIOLATES THE MAINTENANCE STANDARDS OF THE ST. UPON THAT PERSON S PROPERTY UNLESS THAT PERSON IS A BEEKEEPER WITH A LEGALLY PETERSBURG CITY CODE AND ANY HIVE OF STINGING INSECTS THAT ENDANGER PUBLIC HEALTH AND SAFETY MAY BE CORRECTED BY THE CITY FOLLOWING NOTICE TO THE PROPERTY OWNER AND A FAILURE BY THE OWNER TO TAKE CORRECTIVE ACTION, WITH THE COSTS OF CORRECTIVE ACTIONS BY THE PROPERTY; THAT, TO PROPERLY PERFORM ARTICLES OF JUNK, RUBBISH, AND GARBAGE VIOLATION OF CITY CODE; AND PROVIDING AN LOT CLEARING, TO PROVIDE THAT BEES, WASPS, YELLOW JACKETS OR OTHER CITY TO BE ASSESSED AGAINST THE STORED OUT-OF-DOORS ON THE PROPERTY IN THIS MAINTENANCE, THE CITY MAY REMOVE ORDINANCE NO.

2 Lot Clearing. Section 2. Section of the St. Petersburg City Code is hereby amended to read as follows: about (date) and found the following conditions (describe conditions) that are a violation of hereby notified that you must correct these violations by (date). If you fail to either correct the above-stated City Code violations by that date or to Section(s) [insert applicable City Code section, numbers] City Code Chapter 16. You are Date NOTICE OF VIOLATION (OR, NOTICE OF REPEAT VIOLATION) B. The notice shall be substantially in the following form: occur on property which was the site of the same violation within the preceding 12 months, at a time when the property was under the same ownership, and the preceding violation was not corrected by the owner but required the City to take corrective action. (2) As used in this section, a repeat violation is a violation which is alleged to the County Property Appraiser. Service of the notice shall be deemed complete and in lieu of mailing. sufficient when so addressed and deposited in the United States mail with proper postage prepaid. Notice shall also be posted upon the property on which the violation exists. Notice may be served by hand delivery to the owner(s) of record of the property of the property described, as their name(s) and address are shown upon the records of (1) The notice shall be given by first class mail, addressed to the owner(s) of record shall notify the owner(s) of record of the property in writing and demand that such and safety if the owner(s) do not cause the violation to be corrected timely, the POD standards in this Section exists on a parcel of property, that a hive of bees, wasps, yellow jackets or other stinging insects exists upon a parcel of property in violation of chapter 4, or that some other violation of the City Code exists for which the Code determines that the City should correct the violation in order to protect public health specifically authorizes the City to perform lot clearing activities, and if the POD owner(s) cause the violation to be remedied. A. If the POD finds and determines that vegetation which that violates the maintenance Notice I inspected your property (describe property) on or of Violation; Definitions. Page 2

3 Page 3 file an appeal as described below, you will have given implied consent for the City, or its designee, to go onto your property, including into fenced yards, to cut, trim, and clear vegetation and/or to apply pesticides and/or remove insect hives If all conditions are not corrected by this date, the City will cut, trim, edge and/or clear the property to correct the violations of the City Code. To properly perform this maintenance, the City wi11 may also remove articles of junk, rubbish or e1h material garbage stored out-of-doors on the property in violation of City Code when the removal of that junk, rubbish, or garbage is reasonably necessary to correct the violation. ffem the property. The cost of this work, advertising costs, administrative costs and other expenses will be imposed as a special assessment lien on the property described. You can appeal the finding that there is a violation by filing a written appeal to the City Clerk within days of the date of this notice. City of St. Petersburg By: POD Section 3. Sections and (A) and (B) of the St. Petersburg City Code are hereby amended to read as follows: Authority of City to Remedy Prohibited Condition By Lot Clearance. If the violations of City Code are not corrected by the property owner by the date stated in the Notice of Violation and no appeal has been made or, if made, a hearing has been held and has concluded adversely to the owner and the violation is not corrected within five days following the date of the hearing, the POD shall have authority to cause the violation to be corrected. y receiving the Notice of Violation in Section and failing to correct the violation or file an appeal (or to correct the violation within five days of an unsuccessful appeal), the property owner shall have given implied consent for the City, or its designee, to go onto the owner s property, including into fenced yards, to correct the violation(s). The POD shall have authority to clear the property aml cause the cutting and removal of vegetation, plant life the application of pesticides to active hives of bees, wasps, yellow jackets or other stinging insects and/or the removal of such hives, and/or other appropriate lot clearing action as specifically provided by the City Code when such work cutting and removal is necessary to correct the

4 Assessment Page 4 violation, and the costs of such work, cutting and removal, as well as such administrative and other costs as are necessary to correct the violation, shall be charged against the property as a special assessment as provided in this section. The POD is hereby authorized and directed to remove any and all materials, matter, objects, junk, Of rubbish, or garbage on the property when the removal of fle-ohef-that material is reasonably necessary to correct the violation and Lien for Costs of Lot Clearance. A. Preliminary assessment roll. After causing the violation to be corrected, the POD shall determine the costs incurred by the City cost involved in correcting the violation, including all administrative and other costs as are necessary to correct the violation, and shall determine the proportionate costs that each property should bear if violations on more than one property were corrected. The POD shall cause a preliminary assessment roll to be prepared containing a complete list of the properties and of properties abutting street right-of-way-upon which violations were corrected, setting opposite each property the cost of doing said work, which shall be submitted to City Council. B. Public hearing. The City Council shall hold a public hearing on the preliminary assessment roll after publication of notice. One notice shall be published in a daily newspaper of general circulation at least five days prior to the public hearing. Notice shall be mailed to each owner listed on the preliminary assessment roll by first class mail and shall be deemed complete and sufficient when mailed. The notice shall he in substantially the following form: NOTICE OF PUBLIC HEARING You are hereby notified that the City of St. Petersburg, Florida, has corrected the following violations [insert applicable City Code section numbers], of the City Code of the vegetation maintenance standards of Chapter 16 on properties in the City of St. Petersburg and has determined the amount to be assessed against each of said properties to defray the cost thereof. A list of said properties and of properties abutting street rights of way upon which violations were corrected and the amount to be assessed against each of said properties is on file and open for inspection in the office of the City Clerk of the City of St. Petersburg, Florida. You are further notified that the City Council of the City of St. Petersburg will hold a public hearing on the day of at

5 hearing any and all objections that any affected of St. Petersburg, Florida, for the purpose of the Council Chambers at the City Hall in the City rn., or as soon thereafter as it may be held, in Not vetoed. Effective date Thursday, January 19, 2012 at 5:00 p.m. Title Published: Times 1-tl/1/2012 Eva Andujar Ci9t1erk ATTEST: Presiding Officer of the City day of January, 2012 Adopted by St. Petersburg City Council on second and final reading on the 12th,- L-U-- Leslie Curran Chair-Councilmember //u/ First reading conducted on the 151 day of December, 2011 Mayor in accordance with the City Charter, it shall become effective at the end of the fifth ordinance shall take effect immediately upon filing such written notice with the City Clerk. In override the veto. Section 6. Effective Date. In the event this ordinance is not vetoed by the filed with the City Clerk that the Mayor will not veto the ordinance, in which case the not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall business day after adoption unless the Mayor notifies the City Council through written notice be added to the City Code, in the section, subsection, or other location where indicated. Section 5. Coding. As used in this ordinance, language appearing in struckthrough type is language in the City Code to be deleted, and underlined language is language to ordinance. be severable. If any provision of this ordinance is deemed unconstitutional or otherwise Section 4. Severability. The provisions of this ordinance shall be deemed to invalid, such determination shall not affect the validity of any other provision of this amended, but shall be carried forward without change. See Section for current text.] [The text of the remainder of Section is not party may wish to offer as to why said assessments should not be made final. Page 5