TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: Plantation and Panacea Blvds within the Woodlands Community Development District (CDD)
Recommended Action
Discuss and provide direction on whether cutting back the Woodlands CDD's landscaping around the infrastructure the City Commission accepted constitutes a public purpose.
Background Information
The City's Hearing officer made findings and rulings related to the code enforcement action against the Woodlands CDD. The amended order after rehearing is attachment 1 to this agenda item. On pages five and six of attachment 1 the Hearing Officer makes specific findings of fact regarding the maintenance responsibilities for the road, sidewalks, and bike lanes; the street lights; the irrigation system and the sod and landscape located within the boundaries of the ROW.
"...the Hearing Officer finds that the District is clearly responsible for the maintenance of the landscaping and grassy strips within the ROW, and Order the District to budget and expend funds to maintain the landscaping and grass within the ROW."
The Hearing Officer also ordered the district to submit a plan of maintenance to the City of North Port no later than December 1, 2016. The order of the hearing officer was signed on October 27, 2016. Since that date the majority of the ROW identified by the Hearing Officer still has not been maintained and no maintenance plan has been submitted by the CDD. On November 21, 2016 the City did receive a Notice of Appeal regarding the Hearing Officers order (attachment 2). To date there is no new information regarding the status of the appeal.
The City's Administrative Code in Section 42-21 states:
(b) It shall be unlawful for any owner of a developed or undeveloped lot to permit the excessive growth of shrubs, trees, bushes or any other natural or cultivated species of foliage beyond the legal confines of said lot so as to impinge upon a pub...
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