Description
My name is Jose Medina. I own the property, currently under construction, located at 801 S Indian River Drive. Though my address is off of Indian River Drive I will be accessing the lot from South Second Street and the issue I am about to present is located on South Second Street immediately to the west of the neighbors that are to the north of me located at 729 S Indian River Drive.
I purchased this lot back in January of 2018 and ever since I was viewing this lot for purchase and until today the neighbors at 729 S Indian River Drive have permanently left their city supplied trash cans on the road, on South Second Street. For clarity 729 S Indian River Drive is not a single family structure but is a place with what I believe to be approximately 10 apartments/efficiencies. The trash cans lined up on South Second Street total 17 trash cans and line up right to what will be my driveway entrance. I have attached several pictures for your viewing.
Six months ago I attempted to work with the Waste Management division to have these garbage cans removed from the road as a permanent fixture but I was incorrectly informed that the City of Fort Pierce did not have an ordinance prohibiting the permanency of the trash cans on the road. I only found out yesterday that a city ordinance does in face exist and this is why I write you now.
I now reference city ordinance Section: 16-25 (C) Responsibility for Containers When placed. Residential refuse containers placed near the curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening preceding the collection day and must be removed to a point at the side or rear of the structure not later than 7:00 p.m. on the day of collection. Any container not removed will be tagged with a twenty-four-hour warning. Failure to remove the container after this twenty-four-hour period will result in a ten-dollar charge being placed on the customer's utility bill for each violation. Each twenty-four-hour period that the container is not removed shall be deemed another occurrence and shall be considered a separate incident and offense which will result in an additional ten-dollar charge being placed on the customer's utility bill. The residence of 729 S Indian River Drive are most obviously in noncompliance with city ordinance Section: 16-25 (C).
Furthermore, I reference city ordinance Section 16-46 - Maintenance of nuisance on property prohibited. No person in charge of or in control of any object or condition within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any such object or condition defined as a nuisance by this article to remain on any private or public property within the city nor shall the owner or person in control of real property within the city allow such condition or object on the property, except that this article shall not apply to any object which is kept out of sight in a fully enclosed building or where the object or condition is on the property of a business which has a specific and licensed purpose consistent with the storage, maintenance or display of such object or condition and which is being operated lawfully as provided by the Code of Ordinances. Specifically I read that city ordinance Section 16-46 prohibits the placement of these 17 trash cans on public roads if they are considered a nuisance. City ordinance Section 16-48 – Definitions states: a nuisance as a condition means a certain state of being or situation located on property which: (2) Offends decency, (3) Is offensive to the senses, (7) Tends to or could depreciate the value of property of any persons and (8) Is declared otherwise by ordinance or statute to be a nuisance, unlawful or prohibited.
My children will be playing on this street and riding their bikes on this street right off of what will be our driveway where these trash cans are now permanently staged. This situation will obviously result in the presence of offensive odors. This alone would put the residents in violation of city ordinance Section 16-46. But I will also add that the 17 trash cans lined up on the street also lacks common decency and it is not hard to imagine that the presence of these trash cans at the entrance to my driveway will also tend to depreciate the value of my future property. All of this combined details that the residence of 729 S Indian River Drive are most obviously in noncompliance with city ordinance Section:16-46.
Respectfully I am asking that the residents of 729 S Indian River Drive be compelled to follow the City Ordinances and place their trash cans on their property and not leave them permanently affixed to the city street.
Thank You for your time and I am available to answer any and all questions,
Jose Medina
772-985-9226
also asked...
A. Trash Cans left permanently on city street.
A. No Answer Given
25 Comments
Code Compliance II (Verified Official)
Acknowledged Code Compliance IV (Verified Official)
JM (Registered User)
JM (Registered User)
JM (Registered User)
JM (Registered User)
Closed Code Compliance IV (Verified Official)
Reopened JM (Registered User)
I am writing to respectfully detail that this issue is not resolved to my satisfaction nor is it resolved to the satisfaction of the required city ordinances.
The trash cans that I originally detailed have been removed from the road but have been placed in the grass area on the other side of the side walk. I detailed this change in my updated post on January 16th. The new placement of the trash cans does not satisfy the original complaint in its entirety.
City ordinance Section: 16-25 (C) clearly states “on the evening preceding the collection day and must be removed to a point at the side or rear of the structure not later than 7:00 p.m. on the day of collection”. The current placement of the trash cans do not come close to meeting the intent of the city ordinance. The trash cans are not removed to a point at the side or rear of the structure and are left adjacent to the public sidewalks that my kids and family will be using. The current placement of these trash cans at the sidewalk still cause to the same complaints and issues that I detailed in my original post.
I have been informed that the residents of the small community are not happy with the request to move these trash cans. Prior to my purchase of the neighboring lot the residents of this community had sole usage of this section of road and chose to start putting their trash cans in the road way as a convenience to themselves. The inconvenience of having to pull your garbage can from your structure to the road way on trash pickup day does not warrant the closure of this complaint and the disregard to city ordinances. Everybody else has to pull their trash cans to the road from their structure and the residents of this community should be compelled to do the same, compelled to follow the city ordinances as written. This complaint should not be closed again until the city ordinance is enforced in its entirety.
Code Compliance IV (Verified Official)
JM (Registered User)
JM (Registered User)
JM (Registered User)
JM (Registered User)
As of 2/25/19 the garbage cans have not been “removed to a point at the side or rear of the structure” as dictated by city ordinance section 16-25 (C).
This issue was reported on 12/17/18 and has not been fully resolved. More than enough time has elapsed for the owner of this property to remedy the issue.
How much more time must be granted before the full measure of the ordinance is implemented? I have yet to see these garbage cans tagged for non compliance, which is supposed to be followed by a $10/day fine to compel the owners to satisfy the city ordinance.
Acknowledged Code Compliance II (Verified Official)
Code Compliance II (Verified Official)
Closing case ...
Closed Code Compliance II (Verified Official)
Bob Burdge (Registered User)
Reopened Irene Szedlmayer (Registered User)
JM (Registered User)
This case has been closed several times with no actions taken to actually resolve this issue. As Irene above states this issue contributes to the poor appearance of our city. Thank you Irene for reopening this case that was prematurely closed.
I do not believe this case should be closed again until an adequate solution is in place. I understand that the trash cans can not be placed on Indian River Drive....... this is not the only solution........ and just because the trash cans can not be placed on Indian River Drive does not give blanket authority to disregard city ordinances. The disregarding of this city ordinance is directly impacting me as stated in my original message and as such the city has an obligation to rectify this issue.
Another solution for this problem would be to allow the garbage cans to stay where they currently are against the hedges and then put a privacy fence up so that the garbage cans are hidden between the fence and the hedges and out of sight from the road. The fence would be built with swing gates so that access to the garbage cans would be maintained from the west side and they could easily be pulled to the road on trash pick up day and placed behind the fence again later that same night.
I have introduced this idea to the owner but I am requesting the city, not me, continue driving a permanent resolution to this issue with either the fence idea or another one of their choosing.
I am not accepting the “the trash cans cannot go to Indian River Drive so we are done here” solution. I will continue to open this case, along with other members of the community, until a real and permanent solution is implemented. I respectfully ask that the city enforce the ordinance and if that requires creativity on the part of the owner and the city then that is what needs to get done.
JM (Registered User)
Code Compliance II (Verified Official)
If you are not satisfied with the decision made back in March, please contact Tysha Williams, Solid Waste Operational Manager at 467-3000.
Code Compliance II (Verified Official)
Acknowledged Public Works I (Verified Official)
JM (Registered User)
I will contact Tysha Williams. But I will state here in the public domain that I am not happy with the decision. If Tysha Williams cannot or does not help in this manner I expect this department to find the solution.
The reasoning/excuse that the garbage cans cannot not be put away are as follows:
1) The owner built a berm on the back yard line near 2nd Street that makes it difficult to move the garbage cans up to the road.
2) The owner built a small wall near Indian River Drive that could get damaged if the garbage cans were to be put on Indian River Drive.
So because of the owners actions in building a berm and the small wall the owner has been given permission to ignore the city ordinance. The city ordinance is there to protect all city citizens. Again as I have stated there are other solutions to this issue. A fence could be erected to block the garbage cans where they currently sit.
I grow frustrated with the city’s inaction in this manner. It appears as if the city has taken the easy way out by allowing this owner to ignore the city ordinance due to the owners own self imposed inconveniences of the berm and wall.
If this owner can ignore city ordinances because of their own self imposed inconveniences then the rest of the city’s citizens should be told that they too can ignore the city ordinances if they create their own self imposed inconveniences. Additionally any citizen that has been fined due to failing to meet city ordinances should be reimbursed that fine if they can show that the reason they could not fulfill the city ordinance is because of some self imposed inconvenience.
Irene Szedlmayer (Registered User)