§ 98-3. Public correction of dangerous conditions on private roads, etc.

(a)

Definitions. As used in this section, the following words and terms shall have the meanings respectively established below:

Dangerous right-of-way condition shall mean a condition on or adjacent to right-of-way, which creates a substantial risk of injury to the health, safety, and welfare of the residents of Pinellas County. A dangerous right-of-way condition shall include, but not be limited to, the following: potholes, hanging tree branches, obstructions, or conditions on or adjacent to private rights-of-way, rendering use of the right-of-way dangerous to members of the general public.

Department shall mean the county department of public works, its employees, and agents.

Owner shall mean a person, corporation, partnership, company, trust, estate or any combination or other business or legal entity, singular, or plural, which is the record owner or owners of private right-of-way and/or real property adjacent thereto, as recorded on the tax roll of the county.

Person shall mean any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of Florida or any other state and any governmental agency of this state or the federal government.

Private shall mean not having any affiliation with any municipality, county, state, or federal government.

Right-of-way shall mean land or roadway, owned by a private person, which is used by the public at large for access.

Periods of time under this section shall be made in accordance with the provisions of the Rules of Civil Procedure.

(b)

Prohibition. No person shall permit a dangerous right-of-way condition to exist on a private road right-of-way or real property adjacent thereto, or a dangerous private road right-of-way condition obstructing the view of traffic at any intersection.

(c)

Designation of investigating and enforcing authority; authority of the director of public works. The director of public works or his designee is hereby designated and vested with authority by the board of county commissioners as the investigating and enforcing authority pursuant to the provisions of this section. The director of public works is hereby authorized to receive a complaint of a violation of this section; to gather all relevant information concerning such complaint; to direct the conduct of field investigations and inspections; to authorize entry upon real property in the conduct of official business pursuant to this section, and to determine the existence of dangerous right-of-way conditions. The director of public works, or his designee, shall also be responsible for providing notice to all affected right-of-way owner(s) required by this section and to take action, as reasonably necessary, to accomplish the purpose of this section.

(d)

Notice of dangerous condition and opportunity to cure.

(1)

Upon receipt of a complaint, completion of a field investigation and determination by the director of public works that a dangerous right-of-way condition exists, and failing voluntary compliance by the owner(s) with the provisions of this section, the director of public works shall issue a written demand for correction, by certified mail, return receipt requested, directed to the right-of-way and/or adjacent real property owner(s), as shown on the tax roll of the county, for immediate compliance with the provisions of this section, to repair, clear, or remove such dangerous condition which demand shall provide an opportunity for the owner(s) to cure the dangerous condition by clearing, removal, or repair, within 45 days from the date of receipt of the demand, or to request a hearing before the director of public works to contest the demand for correction within 15 days from the date of receipt of the demand.

(2)

The written demand referenced in subsection (d)(1) shall include a notice that in the event compliance with the provisions of this section is not achieved within 45 days from the date of receipt of the written demand, and a hearing not having been requested by the owner, the director of public works will authorize correction of the dangerous condition by, or at the direction of, the county. The notice shall include an estimate of administrative fixed cost plus actual cost incurred by the county to achieve compliance with the provisions of this section.

(e)

Hearing before the director of public works. The director of public works shall provide to each owner receiving notice of a dangerous condition under this ordinance and requesting a hearing a reasonable opportunity to be heard by him/her and to present evidence or testimony that the subject right-of-way or real property is not in a dangerous condition. The hearing may not be set sooner than 15 days from receipt of the request for hearing. The director of public works may place reasonable limits on the duration of the hearing, the procedure to be followed, the relevance of matters sought to be considered, the standing of attendees to be heard, the admission of persons to the hearing room, and all other matters normally under the control of a civil tribunal. Each owner(s) will have the right to be represented by counsel. Upon hearing testimony and evidence the director of public works shall determine whether the owner(s) violated the provisions of this section and shall provide a written determination to the owner(s) within 15 days after the hearing.

(f)

Powers of director of public works. Upon conclusion of the hearing the director of public works shall have the power to find that the owner is or is not in violation of this section. With respect to owners found to be in violation of this section, the director of public works shall have the following powers:

(1)

To authorize inspection, clearance, or repair of the road right-of-way or adjacent real property by the county or its independent contractors.

(2)

To demand payment by the owner(s) of costs, as hereinafter set forth, of investigation, inspection, and expenses incurred to provide the notices required herein, and cost of repair or clearing. Said costs may only be imposed against each owner who received the demand, and was determined to have violated the ordinance, and who failed to clear or repair said road right-of-way or adjacent real property within the 45-day notice period.

(3)

To grant an extension of time to any owner(s) within which said road right-of-way or adjacent real property will be cleared or repaired. An extension of 45 days may be granted after a decision on appeal is received by the owner.

(g)

Appeal to county administrator. The county administrator, or his designee, is hereby designated, and vested with authority, as the reviewing authority for the director of public works' determinations under this section. His decisions shall be final. The owner may appeal from the director of public works' decision to the county administrator or his designee within five days from the director's determination, by written request to the director of public works. The county administrator shall review the record, may confirm, modify, or reverse the director of public works' determination, and shall refer the matter back to the director of public works for further action within 15 days of receipt of the appeal.

(h)

Establishment of lien. The director of public works is hereby authorized to assess against any real property of owners, which is cleared or repaired by the county or its agents pursuant to this section all costs to the county of clearing or repair, of said real property. The actual cost plus an administrative fixed cost of $500.00 shall constitute a lien against the real property. Notice of lien in such form as the director of public works shall determine will be filed in the office of the clerk of the circuit court of the county and recorded as other liens are recorded. The same, upon recording, shall be constructive notice of lien, which may be foreclosed by the county in the manner in which mortgages are foreclosed pursuant to general law in the circuit court of the county.

(i)

Interest on liens. The principal amount of any lien shall bear interest at the rate of six percent per annum and fraction thereof from the first day of October of the year in which the lien was assessed and interest as herein provided shall also constitute a lien against the real property assessed of equal dignity.

(j)

Grace period prior to establishment of liens. Prior to assessment of liens, the director of public works shall provide the property owner(s) with written notice of the cost to clear or repair their property together with an administrative fixed cost, which total would be assessed against the real property and an invoice issued for payment thereof. Not less than 30 days after receipt of the notice by the property owner(s), the department shall provide a second notice of said costs, informing the owner(s) that unless payment is received by the county within 15 days of receipt of second notice, that the amount shall be assessed by the director of public works against the property and shall constitute a lien against the property. If payment is not received within the period by the county, the director of public works will assess the amount against the property. No lien will be assessed against any property prior to the period set forth in this subsection.

(k)

Satisfaction of lien. Authority of the director of public works to execute. Upon payment to the county of the total amount of the lien established pursuant to this section, plus interest accrued thereon, plus the recording fee necessary to record a satisfaction of lien, the director of public works is hereby authorized to execute a satisfaction of lien which shall be recorded by the department in the official records of Pinellas County. A satisfaction of lien shall be recorded in accordance with the requirements of general law pertaining to satisfaction of liens against real property.

(l)

Fees. Fees to be assessed against property found to be in violation of this section shall be as follows:

(1)

Repair and clearance costs.

(2)

Administrative fixed cost. An administrative fixed fee of $500.00 for the cost to the county for field investigations, reports, inspections, notices, invoicing and recording.

(m)

Territory embraced. This section shall apply to the unincorporated area of the county.

(Ord. No. 03-65, § 1, 8-10-03)