TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Section 42-24 - Maintenance of Stormwater Drainage Area; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date
Recommended Action
Continue Ordinance No. 2020-21 to second reading on May 12, 2020.
Recommended Action on Second Reading:
Approve and Adopt Ordinance No. 2020-21 on second reading.
Background Information
The following provides a chronological order of events pertinent to the Maintenance of the Stormwater Drainage Area:
Ø May 17, 2017: The City Commission adopted Ordinance No. 2017-09, Chapter 42, Nuisances, Article II, Lot Clearing, Section 42-24 - Maintenance of Stormwater Drainage Area, (a), (1), b and (2), b, (3) and (4). Property owners are required to maintain, at their own expense, the swale area from the edge of the pavement to the owner’s property line. This maintenance includes mowing and edging grass and weeds and keeping these areas free of litter and debris. Properly mowing the center of the swale often requires heavy-duty equipment beyond what residential homeowners typically handle.
Ø August 29, 2019: During the Governing Body of the Road and Drainage District Meeting, there was a unanimous consensus to have staff bring back a revised Ordinance for Code Enforcement to stop enforcing the 12-inch rule during the rainy season. Until the amendments are adopted, the Commission directed that staff compose a Resolution to temporarily suspend enforcement of Section 42-24, subsections (a), (1), b, (a), (2), b, (a), (3), and (a), (4), solely as it pertains to the requirement to mow the center of the swale.
Ø October 1, 2019: The Department of Public Works initiated their new Maintenance Program for the Roadside Swales throughout the City. Pursuant to the provisions of this Maintenance Program, Public Works will mow the banks of all swales within the City six (6) times per year and the center of the swales two (2) times per year. This new Maintenance Program should assist residents with the ability to maintain the grass height in the swales adjacent to their property to the 12” maximum height limitation.
Ø November 26, 2019: During the Governing Body of the Road and Drainage District Meeting, the Commission adopted Resolution No. 2019-R-27, Directing the City Manager to Temporarily Suspend Enforcement of Chapter 42, Nuisances, Article II, Lot Clearing, Section 42-24 - Maintenance of Stormwater Drainage Area, (a), (1), b and (2), b, (3) and (4) of the Code of the City of North Port, Florida, as it pertains to mowing centers of the swales.
Section 3, Duration, subsection 3.01 of Resolution No. 2019-R-27 states:
“The direction of the City Manager to temporarily suspend enforcement of the specified provisions of the code herein shall remain in effect through April 1, 2020, unless modified, revoked or extended by the City Commission.”
Ø March 24, 2020: During the Governing Body of the Road and Drainage District Meeting, discussion ensued concerning the fact that the Ordinance for suspension for swale mowing enforcement has not yet been presented to the City Commission for their review and approval. Therefore, the Commission would not be able to adopt the Ordinance by April 1, 2020, pursuant to Section 3 of Resolution No. 2019-R-27. As such, the City Manager advised the Commission that staff would continue with suspension of the swale mowing enforcement. In addition, the first reading of the Ordinance for the suspension of swale mowing enforcement would be scheduled on the City Commission Meeting on April 28, 2020.
Accordingly, pursuant to the City Commission’s directive, staff has prepared Ordinance No. 2020-21, Suspension of Swale Mowing Enforcement. This Ordinance amends Chapter 42, Nuisances, Article II, Lot Clearing, Section 42-24 - Maintenance of Stormwater Drainage Area, (a), by adding a new subsection (9) which states:
“(9) When the center of the swale adjacent to a lot owner’s property is saturated with water, the owner is not required to maintain the center of the saturated swale free from excessive growth. However, within 30 days of the swale being dry enough to resume maintenance the owner’s duty resumes to maintain the swale free from excessive growth in its entirety.”
In addition, this Ordinance includes Section 3, 3.01, Revocation of Direction Provided in Resolution No. 2019-R-27, which states:
“3.01 The direction provided to the City Manager in Resolution No. 2019-R-27 is hereby revoked by the City Commission.”
Ordinance No. 2020-21 has been reviewed by the City Attorney and is legally correct as to form.
Recommended Changes for Second Reading
During their Regular Meeting held on April 28, 2020, the City Commission approved to bring back for 2nd Reading on May 12, 2020, an Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Section 42-24 - Maintenance of Stormwater Drainage Area; Providing for Conflicts; Providing for Severability; Providing for Codification and Providing and Effective Date. The Commission also granted approval to include language in the Whereas Clause of the Ordinance, the two items recommended by the Public Works Director and also include reference in Section 42-24 that “requires property owners to aide in the maintenance of stormwater drainage system” with assistance from the City Attorney.
Accordingly, staff has revised Ordinance No. 2020-21 to include the following verbiage:
“WHEREAS, the City of North Port and Road and Drainage District is responsible for the maintenance and operation of the City’s stormwater drainage system; and
WHEREAS, the Road and Drainage District mows the banks of all swales along local roads six (6) times per year and the centers of all swales two (2) times per year. In addition, Additionally, the Road and Drainage District mows the banks of all swales along arterial and collector roads eight (8) times per year and the centers of all swales two (2) times per year; and
WHEREAS, Section 42-24 of the Code of the City of North Port, Florida requires property owners to maintain, aide aid in the maintenance of the stormwater drainage system at their own expense, the swale area from the edge of the pavement to the owner’s property line; and”
Strategic Plan
Efficient and Effective Government
Financial Impact
Historically, the Code Enforcement Division of the Department of Neighborhood Development Services receives revenue from the fines that are assessed for violations of Chapter 42, Nuisances, Article II, Lot Clearing, Section 42-24 - Maintenance of Stormwater Drainage Area, (a), (1), b and (2), b, (3) and (4) of the Code of the City of North Port, Florida, as it pertains to mowing the swales adjacent to private property. The following revenue was received by the Code Enforcement Division of the Department of Neighborhood Development Services for the past three years:
2017: $16,909
2018: $0
2019: $2,462
Total: $19,371
Staff projects that due to the implementation of the new Maintenance Program coupled with the adoption of Ordinance No. 2020-21, Suspension of Swale Mowing Enforcement of Section 42-24, subsections (a), (1), b, (a), (2), b, (a), (3), and (a), (4), solely as it pertains to the requirement to mow the center of the swale, the revenue for fines as refenced above will further decrease. The decrease in revenue will also mean that the Code Enforcement Inspectors will be conducting less inspections on the stormwater swales. This will allow the Code Enforcement Inspectors to perform other inspections within the City.
Procurement
Not Applicable
Attachments:
1. Ordinance No. 2020-21 - Second Reading
2. Ordinance No. 2020-21 - First Reading
3. Resolution No. 2019-R-27
Prepared by: Juliana B. Bellia, Public Works Director
Department Director: Juliana B. Bellia, Public Works Director