Ordinance 11-10 Approved

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[ Code of Ordinances ]
Ordinance 11-10 Approved

ORDINANCE NO. 11-10

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO LOT CLEARING; AMENDING SECTION 8-46 – CONDITION TO BE REMEDIED BY TOWN; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the urbanization of the community requires a reasonably prompt response to the accumulation of an excessive growth of vegetation; and

WHEREAS, the excessive growth of weeds and other plant life may endanger the public health; and

WHEREAS, maintaining the economic welfare of the Town is important to have sufficient financial resources to provide services to benefit the health, safety and general welfare of Town residents and visitors; and

WHEREAS, notice requirements need to be consistent to avoid misunderstandings;

NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Sec. 8-46 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 8-46. Condition may be remedied by town.

(a) If within twenty (20) ten (10) days after receipt the mailing of the notice by to said owner, or said owner’s agent, or posting and publication of the notice, as the case may be, no hearing has been requested and the condition described in the notice has not been remedied, the town manager or said manager’s designee may cause the condition to be remedied by the town at the expense of the property owner. If a hearing has been held and has been concluded adversely to the property owner, the town manager may cause the condition to be remedied by the town at the expense of the property owner.

SECTION 2. Severability/Interpretation Clause. That it is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. That in interpreting this ordinance, underlined words indicate additions to the existing text, and stricken through words indicate a deletion from existing text.

SECTION 3. Ordinances in Conflict. That all ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption.

PASSED by the Town Council on first reading on the _____ day of ______________, 2011, and adopted the Town Council on the final reading on the _____ day of __________, 2011.

TOWN OF INDIALANTIC

_________________________
David Berkman
Mayor
ATTEST:
(TOWN SEAL)
_________________________
Laura Eaton, CMC
Town Clerk