Code Compliance

 

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Nicolle Peterson

Serving Since 2001

Code Compliance

(863) 968-5182

 

 

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The Auburndale City Commission has adopted City Codes (laws) specifically designed to address blight, nuisances, and to maintain a clean environment for all citizens in our community. The City of Auburndale does this by working in partnership with the people of Auburndale.

The mission of the Code Compliance Department is to promote and maintain a safe and desirable living and working environment. We help maintain and improve the quality of our community by administering a fair and unbiased enforcement program to correct violations of municipal codes and land use requirements. We also work with residents, neighborhood associations, public services agencies and other city departments to:

  • Facilitate voluntary compliance with City laws and codes.
  • Empower community self-help programs.
  • Develop public outreach programs.
  • Establish community priorities for enforcement programs.
 

Below are the most common city ordinances affecting our community. If you would like to research other Auburndale ordinances, please visit the City's Webpage.


 

DOGS AND CATS
Restraints
Rabies inoculation, proof.
Nuisances; noise; wandering
Issuance of citation
Penalty

NOISE
Noise; quiet zones
Loudspeakers
Use of instruments, machines, devices, etc., to create unnecessary noise
 

WEEDS, TRASH, AND RUBBISH
Nuisance
Failure to remove weeds and trash; penalty.
Removal by city; costs a lien against property.
Preparation of trash for pickup.
Allowance for trash removal.
Tires and appliances not included in trash.
 

VEHICLES

Definitions.

Abandonment of vehicles prohibited
Leaving of wrecked nonoperating vehicle on street or highway.
Disposition of wrecked, discarded or nonoperating vehicles on private property.
Notice to owner.
Removal by city; assessment of costs.
Maintenance of junkyards prohibited.
Major repair work in residential areas prohibited.

PARKING
Violations; notices; penalties; restitution.


 

DOGS AND CATS Back to Top

Restraint.

No person shall cause or permit any dog to run or roam off the premises or property of the owner unless such dog is under the restraint of a leash or chain, under control of a competent person and obedient to that person's command, or confined within a vehicle.

 
Rabies inoculation, proof.

No person may own, keep, maintain or harbor any dog or cat, over the age of four (4) months, within the limits of the city without having inoculated such animal against rabies within one (1) year. Dogs must wear a valid Polk County rabies tag at all times. In addition, the owners of dogs and cats must have a Polk County rabies vaccination certificate available at all times.
 

Nuisances; noise; wandering.

Any person who owns, keeps, maintains or harbors a dog or a cat must control that animal so that it shall not became a nuisance to other persons living within the city by making disturbing noises or by wandering onto other person's property.

Issuance of citation.

Any law enforcement officer of the city who has probable cause to suspect that a person has committed an act in violation of this article may issue that person a citation, together with a penalty schedule, a notice of the person's rights to contest such civil infraction and a discounted penalty schedule.
 

Penalty.

(a) A violation of this article is a civil infraction and shall carry a maximum civil penalty not to exceed twenty-five dollars ($25.00) for the first offense, seventy-five dollars ($75.00) for the second offense and one hundred twenty-five dollars ($125.00) for the third and subsequent offenses.

(b) Anyone receiving a citation may contest such citation in the county courts. If, after receiving the citation, a person decides not to challenge such citation in the county courts, then the civil penalty shall be fifteen dollars ($15.00) for the first offense, fifty dollars ($50.00) for the second offense and one hundred dollars ($100.00) for the third and subsequent offenses.
 
NOISE Back to Top

Noise; quiet zones.

(a) All areas in the city within fifty (50) yards of any residence, apartment, hotel, hospital or other place used for sleeping quarters within the city is hereby designated and declared to be a quiet zone.<>

(b) It shall be unlawful for any person to blow, or cause to be blown, any horn, whistle, siren or other instrument, or to make any unnecessary noise, or noises, that can be heard a distance of one hundred fifty (150) feet between the hours of 9:00 p.m. and 6:00 a.m. Eastern Standard Time within such quiet zones except such blowing or noise as shall be necessary to comply with traffic laws, rules and regulations now in force or that may hereafter be put into force within the city or in case of an emergency. Provided, however, that this prohibition shall not apply to ambulances while answering an emergency call, fire trucks, while answering or returning from a call or fire alarm, or law enforcement officers while in pursuit of a law violator.

Loudspeakers.

It shall be unlawful for any loudspeaker or any sound or broadcasting truck or vehicle to be put in use in the city until a permit for the same on each particular occasion has first been secured from the city manager.

Use of instruments, machines, devices, etc., to create unnecessary noise; exception.

(a) The using, operating, or permitted to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto, [shall be unlawful.] The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(b) Exception to this section may be granted by the City Commission of the City of Auburndale.

WEEDS, TRASH AND RUBBISH
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Nuisance.

On lots, parcels, or tracts of land not currently being used for agriculture purposes, any growth of weeds to more than a height of one (1) foot, or any rank vegetable growth which exhales unpleasant and noxious odors, or which may conceal filthy deposits, or harbor insects or any offensive matter or thing, or the accumulation of any undergrowth, debris, trash, rubbish or other unsanitary accumulation which is likely to affect the health and safety of the community, be and the same is hereby declared to be nuisance. Trees on these properties shall be pruned to maintain clear visibility in order to protect the health and safety of the community. See section 18.3.6 of the Land Development Regulations for applicable fire safety/spacing standards.

Failure to remove weeds and trash; penalty.

Any person who shall fail or refuse to remove any accumulation of weeds, rubbish or other unsanitary accumulation from any premises owned or occupied by them in the city after notice has been served on them to do so, either personally or in writing, by the city manager for ten (10) days after receipt of such notice shall be punished as prescribed in section 1-11 of this Code.

Removal by city; costs a lien against property.

If the owner fails to clean up such premises, the city may proceed to clean up such premises and charge the same against the premises, together with an administration fee which from time to time will be set by the city commission. Said administrative fee shall include incidental costs of investigating and notifying owners of violations under Chapter 11, Article III, section 11-53. Such amount shall bear interest at the rate of twelve (12) percent per annum until the succeeding payment on such premises is due, at which time the bill for cleaning the same, plus administrative fee, shall be a lien on the property equal in dignity with the taxes enforceable in the same manner as is provided for the collection of delinquent taxes.

Preparation of trash for pickup.

Leaves, citrus droppings, grass clippings and small material must be bagged or boxed (cardboard) in a size easily handled by one (1) person. Trees, tree limbs, or similar materials must be cut to a length not to exceed sixty (60) inches. Material properly prepared for pickup will be placed at curbside in a manner to facilitate pickup and not in close proximity to utility poles, street signs, fire hydrants, etc.

Allowance for trash removal.

One (1) six-cubic-yard pickup of trash per week is allowed per residence or business.
An accumulation of trash exceeding six (6) cubic yards per week shall be considered in excess of the normal amount of trash generated by a residence or business. Such excessive accumulations, if prepared and placed at curbside as herein provided, will be removed by the city and charged a rate set by the city commission.

Tires and appliances not included in trash.

Tires and appliances must be separated from trash and an additional pickup fee set by the city commission will be charged for these items.

VEHICLES Back to Top

Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:

Property
shall mean any real property within the city which is not a street or highway.
Street or highway shall mean the entire width between the boundary lines of every way publicly maintained where any part thereof is open to the public for purpose of vehicular travel.
Vehicle shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and to transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon. Vehicle shall also include boats ten (10) feet or longer.
 
Abandonment of vehicles prohibited; prima facie evidence.

(a) No person shall abandon any vehicle within the city and no person shall have any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

(b) The absence of a license plate for the current year or the absence of a current vehicle registration shall be prima facie evidence that such vehicle is abandoned, junked or discarded. The presence of a current license plate or registration shall not, in and of itself, exempt any vehicle from the provisions of this article.

Leaving of wrecked nonoperating vehicle on street or highway.

No person shall leave any licensed or unlicensed partially dismantled, nonoperating, wrecked, or junked vehicle on any street, highway or public way within the city.

Disposition of wrecked, discarded or nonoperating vehicles on private property.

(a) No person in charge of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on such property longer than ten (10) days. No person shall leave any such vehicle on any property within the city for a longer time than ten (10) days.

(b) This section shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, and for which a city license shall have been issued when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city.

Notice to owner.
 
It shall be the duty of the police chief or his designee, to give written notice to the registered owner of any vehicle which is in violation of this article, or to give such notice to the owner, lessee or person in possession of the private land whereon such vehicle is situated where the identity of the registered owner is not readily ascertainable, advising such person that such vehicle violates this article and demanding that such vehicle be removed from the city within seventy-two (72) hours or that within seventy-two (72) hours it be housed in an enclosed building where it will not be visible from the street or that such vehicle be repaired within seventy-two (72) hours to such an extent that it is not in violation of this article by virtue of being dismantled, partially dismantled, wrecked, junked or nonoperating. Such notice may be given by personal service, by registered mail, or by posting of the notice in a conspicuous place on the vehicle.

Removal by city; assessment of costs.

If the vehicle is not removed from the city, suitably housed, or moved to the premises of a business enterprise licensed to receive such vehicles within seventy-two (72) hours from the giving of notice under section 13-20, the police chief or his designee may have the vehicle removed from the city and assess the cost of such removal against the owner either as a lien against the vehicle or as an addition to any fine to which the owner may be subjected.

Maintenance of junkyards prohibited.

No persons may maintain any junkyard for the storage, display, dismantling or sale of wrecked, dismantled, partially dismantled or nonoperating vehicles or appliances in the city nor shall any person use or maintain any real property in the city in such a manner as to give it the appearance of a junkyard or similar establishment.

Major repair work in residential areas prohibited.

No person may perform or conduct any major repair work on vehicles, such as body repairing, painting, engine overhaul, transmission or differential disassembly and reassembly or brake shoe replacement in any residential area within the city; with the exception that a person may work on his own vehicle on private property for emergency repair work.
 
PARKING Back to Top

Violations; notices; penalties; restitution.

(a) The city manager is hereby authorized to prohibit, limit or impose restrictions upon the use of on-street parking. He is further authorized to place signs and to paint curbs warning motorists of such restrictions.

(b) The following penalties for parking violations are hereby established:

Violation Fine
Parking violations established by Chapter 316, Florida Statutes . . . $10.00
Unauthorized use of handicapped parking space . . . 100.00
Any truck or trailer, rated over one (1) ton by the manufacturer, parked on a public right-of-way within a residentially zoned area . . . 25.00

(c) All penalties provided for in this chapter shall be paid in full within ten (10) calendar days from the date of the violation. An additional fine of five dollars ($5.00) shall be added to the penalties provided for in this chapter for failure to pay within the time prescribed by this section.

(d) If the registered owner or owners of a motor vehicle on which a parking violation notice has been affixed by a police officer or parking enforcement office of the city shall fail to pay the penalty as provided in this section within twenty (20) days from the date of the violation, such person may be prosecuted for the noncriminal violation as provided in Section 316.1967, Florida Statutes. A failure to pay as provided in Section 316.1967, Florida Statutes, shall result in the suspension of the offender's drivers license.

 

 

 

 

 

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