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ITEM: ORDINANCE NO. 2025-07 (AMENDMENT TO PROCEDURE FOR ENFORCEMENT OF NUISANCES)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING CHAPTER 9, ARTICLE I, SECTION 9-5 (PROCEDURE FOR ENFORCEMENT) OF THE WELLINGTON CODE OF ORDINANCES TO CLARIFY THE METHOD OF DELIVERY FOR A NOTICE OF NUISANCE AND THE TIMEFRAMES FOR CORRECTION FOLLOWING THE ISSUANCE OF A NOTICE OF NUISANCE AND A NOTICE OF VIOLATION TO A PROPERTY OWNER; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2025-07 to amend Chapter 9, Article 1, Section 9-5 of the Wellington Code of Ordinances, clarifying the method of delivery for a Notice of Nuisance and the timeframes for correction following the issuance of a Notice of Nuisance and a Notice of Violation.
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EXPLANATION: On November 12, 2024, Council adopted Ordinance No. 2024-19 amending Chapter 9 of the Code of Ordinances, in part, to clarify the nuisance abatement procedures set forth in section 9-5 of the Code. The amendment created a clearer distinction between the Notice of Nuisance and the Notice of Violation, both of which must be sent to a property owner before the Village Manager may authorize Wellington's abatement of the nuisance.
The amendment to section 9-5 inadvertently created an inconsistency within the section regarding the timeframes for correction following the issuance of a Notice of Nuisance and a Notice of Violation. The amendment also imposed a requirement upon Wellington to send the Notice of Nuisance by certified mail, which is neither required nor consistent with Wellington’s actual practice prior to the amendment.
Ordinance No. 2025-07 serves to eliminate the inconsistency within section 9-5 as to the timeframes for correction upon the issuance of a Notice of Nuisance (up to 21 days) and a Notice of Violation (up to 15 days) and to restore the language providing that a Notice of Nuisance is sent by regular mail.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Ordinance No. 2025-07 to amend Chapter 9, Article 1, Section 9-5 of the Wellington Code of Ordinances, clarifying the method of delivery for a Notice of Nuisance and the timeframes for correction following the issuance of a Notice of Nuisance and a Notice of Violation.