§ 39.3. Same—Filing and Serving of Notices and Summons Where Hazards Found to Exist.  


Latest version.
  • In all cases where, in the City of Orlando, there may be found to exist any condition of any building, land or premises, or in, upon or about the same, which constitutes or is likely to constitute a fire hazard or a hazard to the health, safety or welfare of the occupants or the public, authorized and empowered, by ordinance of said City enacted by its governing body, to file with the City Clerk a notice which shall contain:

    1st. A description of the land, building, structure or premises in connection with which any such condition has been found to exist, which shall include, to the extent practicable, a description by metes and bounds or by lot number of such land.
    2nd. The name or names of the occupants of the property, if any, and the names, places of residence, legal disabilities, if any, and interest of owners, if known or if any of such facts are unknown it shall be so stated.
    3rd. The condition found to exist which constitutes a fire hazard or a hazard to the health, safety or welfare of the occupants or the public.
    4th. The matters and things required to be done to effect the removal or correction of such condition, or structure, the removal of any weeds, debris, waste, rubbish, flammable material, or the accomplishment of other corrective procedures.

     

    A copy of said notice shall be served upon the occupant of such land, building or premises, and upon the owner thereof, if known and residing in the City of Orlando, together with a summons to appear before the City Council of the City of Orlando at any regular or special meeting thereof not less than five (5) nor more than thirty (30) days from the date of service thereof. Said notice and summons shall be served by the chief of police or any policeman of said City, or by any other officer or employee who may be authorized by said City so to do, but if such person or persons reside in the State of Florida and beyond the limits of said City, then such notice and summons shall be served by the sheriff of the county in which said person resides, in accordance with the rules governing service of process in the circuit court. If the occupant of such building cannot be found in the City of Orlando, it shall be sufficient service upon such occupant to post a copy of such notice and summons in some conspicuous place upon such building or other structure. If the place of residence of the owner or owners of such property cannot be determined or is found to be beyond the limits of the State of Florida, then the clerk of said City shall make an order of publication of notice to all persons having any interest or right, whether as owners, lien holders, or otherwise, in such real estate, which notice shall be addressed to the owner or owners by name, if known, and to all whom it may concern, requiring them on a day certain, to be fixed in such order, not less than thirty (30) nor more than fifty (50) days from the date of the first publication of such notice, to appear before the City Council of the City of Orlando to show cause, if any there be, why the notice made and filed with the City Clerk by the officer or employee making and filing the same with respect to a hazardous condition found to exist, and the matters and things set forth in said notice as being required to be done to remove or remedy such condition, should not be confirmed in all respects, which notice shall be published once a week for four (4) consecutive weeks prior to the date fixed for such hearing, and a copy of said notice shall be likewise posted in a conspicuous place on the said premises during the time of the publication of notice above mentioned, and in all cases in which such order or publication shall be made and no appearance entered or protest made to the confirmation of said notice filed with the City Clerk with respect to such hazardous condition, then the owners of said property and all persons having any interest or right therein, whether as lien holders or otherwise, shall be forever foreclosed and barred from claiming any damage by reason of the destruction or other disposition of said property described in said notice.

(Laws of Fla. ch. 63-1720, § 5)