PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 67.201, NUISANCES DECLARED, ARTICLE 7, NUISANCE ABATEMENT, CHAPTER 67, ENVIRONMENTAL CONTROLS, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing consider adoption of an ordinance that amends Section 67.201, General Ordinances, Martin County Code to require property owners to maintain weeds and undergrowth and excessive accumulation of trash on their property up to the edge of the street surface.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Deputy County Attorney
REQUESTED BY: Building Department and Public Works Department
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The proposed ordinance requires property owners to maintain property to the edge of the street surface. It is in the best interest of the public, health, safety and welfare to revise the ordinance because lack of maintenance of the frontage of property could constitute a sanitary nuisance or impede sight distance for motorists.
This public hearing was duly noticed in The Stuart News on June 9, 2023.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed amending Section 67.201, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.