Cape Coral, FL - Landscape.pdf

§ 9-81 Inclusion in city lot mowing program.
(a) Prior to the calendar year commencing January 1, 2010, all unimproved real property in
the city shall be included in the city lot mowing program described in this Article V. Individual
property owners may request an exemption from the program upon submission to the City
Manager, or his or her designee, of a written statement, postmarked within 60 days of the date of
the December annual bill, indicating that they are requesting an exemption from the lot mowing
program and stating that they intend to insure that their property will be routinely mowed so that
the height of any grass, weeds or underbrush thereon will not exceed 12 inches in height. An
exemption may be revoked by the City Manager or his or her designee if the property owner fails
to keep the property mowed as required herein. Prior to any such revocation, the city shall send
written notice of its intent to revoke the exemption indicating the date of proposed revocation. If
the property is not mowed by the proposed date of revocation, the city will include the property
in the lot mowing program and bill the owner as provided herein. Owners of unimproved real
property included in the city lot mowing program shall be charged an annual user fee and the city
or its authorized agent will provide routine lot mowing services for the property. If an owner
whose property has been exempted from the lot mowing program sells or otherwise transfers the
exempt property to a new owner, the city will send written notice to the new owner advising
them that the property is currently exempt from the lot mowing program and further advising
them that if they elect to continue the exemption and maintain their own lot, they must provide
the city with written notice of that election within 30 days of the date of the written notice from
the city. Failure to make such an election within the 30 day period will result in a revocation of
the exemption and the property will be included in the lot mowing program and billed
accordingly. If an owner whose property is included in the city’s lot mowing program sells or
otherwise transfers the property to a new owner, the city, upon receiving a written request from
the new owner to have the property exempted from the city’s lot mowing program, will credit or
refund to the new owner that portion, if any, of the lot mowing fees for the current year for any
mowings that have not been rendered at the time of the exemption request.
(b) Instead of the procedures described in this Article V, for calendar years commencing on
and after January 1, 2010, the city shall utilize the special assessment procedures set forth in
Article III of Chapter 17, which procedures may be initiated in the year preceding such calendar
year in order to utilize the uniform method of collection set forth in F.S. Chapter 197, as
amended and supplemented from time to time.
(Ord. 31-95, 6-26-1995; Ord. 111-03, 10-27-2003; Ord. 41-09, 7-20-2009)
§ 9-82 Establishment of lot mowing user fee.
The City Council shall establish, by resolution, the amount of the lot mowing user fee to be
charged to owners of all properties included in the city lot mowing program. The user fee may be
changed by City Council at any time by the adoption of a subsequent resolution. The fees
collected may be used for any and all costs reasonably related to lot mowing and maintenance of
real property.
(Ord. 31-95, 6-26-1995; Ord. 111-03, 10-27-2003)

§ 9-83 Lot mowing bills.
In December of each year, the city shall mail the annual lot mowing bill to the owner of the
property. The bill will be for services to be rendered in the upcoming calendar year (January 1—
December 31). All bills shall be immediately due and payable and shall become delinquent if not
paid in full within 60 days from the date the bill is mailed. All bills shall include a notice to the
owner that they can request an exemption from the program upon submission to the city of a
written statement, postmarked within 60 days of the date of the December annual bill, indicating
that they intend to insure that their property will be routinely mowed so that the height of any
grass, weeds or underbrush thereon will not exceed 12 inches in height.
(Ord. 31-95, 6-26-1995; Ord. 111-03, 10-27-2003)
§ 9-84 Delinquent fees; delinquent fee lien.
All delinquent fees shall incur a delinquency fee of 1% per month on the unpaid balance. Fees
which remain delinquent for more than 60 days may be converted to a lien pursuant to the
procedures provided herein. Lot mowing fees which are delinquent as of the effective date of this
article shall also begin accruing delinquency fees and shall be subject to the lien procedure
provided herein.
(Ord. 111-03, 10-27-2003)
§ 9-85 Initiation of delinquent fee lien process.
From time to time the financial services director shall compile a list of properties whose lot
mowing user fees have remained unpaid for more than 60 days after bills for the fees have been
sent to the property owner of record. That list of delinquent fees shall constitute a preliminary
delinquent user fee roll and the Financial Services Director shall present that roll to the City
Council at a duly advertised and noticed hearing.
(Ord. 31-95, 6-26-1995; Ord. 52-97, 8-15-1997)
§ 9-86 Notice.
Approximately four weeks prior to the hearing, the City Clerk shall publish, once a week for
two consecutive weeks in a newspaper of general circulation, a notice of the time and place of
the hearing when the City Council will meet to hear and consider any objections or defenses to
the levy of a lien against the delinquent properties. The date of the meeting so noticed shall be
approximately 14 days from the date of publication of the second notice. The Financial Services
Director shall also send individual notices of the date and time of the hearing to all owners of
record of property proposed to be liened prior to the date of the hearing. Mailing to the last
known address of the owner in the city’s records shall constitute sufficient notice, regardless of
whether the notice is accepted or actually received.
(Ord. 52-97, 8-15-1997)

§ 9-87 Public hearing.
The owner of record of any property proposed to be liened for delinquent lot mowing fees, or
any person having an interest therein, may appear at the public hearing and voice any objections
to the proposed lien or the amount thereof. Objections may also be submitted in writing either
prior to or at the time of the public hearing. At the hearing, the City Council may modify or
correct any proposed lien amount; provided, that no lien amount may be increased over the
amount in the proposed roll. After consideration of all objections to the proposed lien amounts,
the City Council shall, by resolution, approve the levy of delinquent user fee liens, effective as of
the date of the adoption of the resolution. The liens shall be of the same nature and to the same
extent as a lien for general county and municipal taxes falling due in the same year or years the
lot mowing user fees were due. The lien shall be superior in dignity to all other liens, titles and
claims, until paid.
(Ord. 31-95, 6-26-1995)
§ 9-88 Limitation on time to contest levy of lien.
Any person aggrieved by the action of the City Council in imposing delinquent lot mowing
user fee liens must commence an action in Circuit Court within 30 days from the date the
resolution is adopted. Unless the action is begun within this 30 day period, all objections of that
person to the imposition of the lien shall be deemed to have been waived.
(Ord. 31-95, 6-26-1995)
§ 9-89 Prepayment and recording of lien.
For a period of 30 days after the date of adoption of the resolution of the City Council levying
the delinquent low mowing lien, the lien may be paid without additional delinquency fees as
described in § 9-84. Properties for which payments are received or postmarked within 30 days
from the date the resolution is adopted will be deleted from the lien roll prior to recording. After
the expiration of the prepayment period, a certified copy of the resolution and roll shall be
recorded in the office of the Clerk of the Circuit Court in Lee County.
(Ord. 31-95, 6-26-1995; Ord. 111-03, 10-27-2003)
§ 9-90 Release of lien.
Owners who have paid a delinquent lot mowing lien in full after the recording of the
resolution and roll shall be entitled to a release of lien from the city upon payment of any
authorized release of lien fees. The recording of the release of lien and any recording charges
imposed by the Clerk of Circuit Court shall be the responsibility of the property owner.
(Ord. 31-95, 6-26-1995; Ord. 111-03, 10-27-2003)
§ 9-91 Foreclosure.

Liens for delinquent lot mowing user fees may be foreclosed in the same manner as liens for
property taxes or special assessments. Owners of property against whom a foreclosure action is
commenced shall be liable for all fees, costs and expenses incurred by the city or its agents,
including reasonable attorneys fees, and the same may be assessed as a cost in the foreclosure
action.
(Ord. 31-95, 6-26-1995)
§ 9-92 Validity of liens not affected by irregularities.
Any informality or irregularity in the proceedings to impose a lien for delinquent lot mowing
fees shall not affect the validity of the same after the resolution levying the lien has been
adopted, and no deviation from the procedures prescribed hereunder shall affect the validity of
the lien unless it can be clearly shown that the party objecting was materially injured thereby.
(Ord. 31-95, 6-26-1995)
§ 9-93 Alternate methods of collection permitted.
Nothing herein shall prohibit the city from utilizing other means to collect delinquent lot
mowing fees including, but not limited to, an action for damages filed in the appropriate court in
Lee County, Florida.
(Ord. 31-95, 6-26-1995)
§ 9-43 Nuisance grasses and weeds.
The purpose of this section is to provide an effective procedure to promptly notify property
owners of the existence of nuisance grasses and weeds located on their private property. This
section is intended to direct and provide for the removal of nuisance grasses and weeds on
private property in a timely manner to preserve the health, safety and welfare of the citizens of
the city and to preserve and enhance the aesthetic value of real property within the city.
(a) Definitions. For purposes of this section, the terms listed below shall have the following
meanings unless otherwise specifically stated. When not inconsistent to the context, words used
in the present tense include the future, words in the plural include the singular and words in the
singular number include the plural. The word “shall” is always mandatory and not merely
discretionary.
CITY COUNCIL. The governing body of the City of Cape Coral.
DIRECTOR. The Director of the Department of Community Development, or such
designee as he or she may appoint to carry out the administration and enforcement of this
section.

NUISANCE GRASSES AND WEEDS. Grasses and weeds which are not regularly cared
for and maintained, which exceed 12 inches in height.
PRIVATE PROPERTY. Any vacant lot, any dwelling, house, building or other structure
designed or used either wholly or in part for private residential purposes or non-residential
purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall
include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or
appurtenant to such dwelling, house, building or other structure.
SPECIAL MAGISTRATE. The Code Enforcement Special Magistrate appointed by City
Council.
(b) Nuisance declared. It is hereby declared and determined by the Cape Coral City
Council that grasses and weeds in excess of 12 inches in height which impair the economic
welfare of property, constitute a fire hazard or create a health hazard, and shall constitute a
nuisance.
(c) Prohibitions. No person, firm, partnership, corporation, trust or estate, nor any other
business entity, shall permit nuisance grasses and weeds as defined in this section to exist within
the City of Cape Coral
IPMC- 301.3 Vacant structures and land. All vacant structures and
premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not
to cause a blighting problem or adversely affect the public
health or safety.