PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 67, ENVIRONMENTAL CONTROLS, ARTICLE 7, NUISANCE ABATEMENT, SECTION 67.202.A., GENERAL ORDINANCES, REGARDING NOTIFICATION TO PROPERTY OWNERS OF NUISANCES VIA NOTICES TO ABATE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance that amends Section 67.202.A., General Ordinances, Martin County Code to allow code enforcement to notify property owners, via notices to abate, of all nuisances described and declared in Section 67.201.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian K. Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Building Department and Public Works Department
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On June 20, 2023, the Board amended Chapter 67, Article 7, Section 67.201. of the General Ordinances to require property owners to maintain weeds, undergrowth and excessive accumulation of trash on their property. Section 67.202.A. references Section 67.201., but only three of the four nuisance categories are described and declared. This amendment would incorporate all four enumerated nuisance categories. It is in the best interest of the public health, safety and welfare to revise the ordinance to allow code enforcement to notify property owners, via notices to abate, of all nuisances described and declared in Section 67.201.
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. Dec...
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