§ 11.04. Powers  


Latest version.
  • (a) Sanitation and safety. To provide for and regulate the screening of cisterns and tanks, and any and all receptacles or vessels where water may stand and become stagnant, and the cleaning up and disinfecting of vacant lots and premises, stables and any and all foul places, where mosquitoes, flies or other pests may propagate or harbor; to provide for the enclosing, improving and regulating of all public grounds belonging to the city within or beyond its corporate limits; to compel owners of buildings to erect fire escapes when necessary for public safety or for the safety of the occupants of such buildings. The city commission shall have power to provide by ordinance for assessing against the abutting property the cost of removing from sidewalks all accumulations of weeds or rubbish, and for assessing against property the cost of cutting and removing therefrom obnoxious weeds or rubbish, including debris resulting from fires, or the demolition of buildings or other structures.

    (b) Health, safety and conveniences. The city commission shall have the power to pass ordinances and make regulations to secure the general health of the inhabitants of the city; to establish and maintain hospitals for the indigent, sick and afflicted; to define, abate, prevent and remove nuisances, whether affecting the health or morals of the community; to prescribe fire limits within the city; to condemn old, unsightly and dilapidated buildings within the city and to remove or have same removed; to regulate the inspection of milk, butter and other dairy products in the city and the premises where such products may be produced; to regulate the inspection of all groceries, vegetables, fruits and food products of whatever kind, nature or class that may be sold within the city, and to regulate weights and measures; to regulate the vending of meats, poultry, fish and oysters, and other articles of like nature sold within the city, and to require the premises upon which the same may be sold or kept, to be screened in such manner as to exclude flies therefrom, and to regulate fishing and prohibit seining and bathing in lakes or parts of lakes within the city limits of Haines City; to establish and regulate markets; to provide the city with a system of waterworks and electric and gas lighting, and to operate, extend or modify the same within or beyond the territorial limits of the city, and to acquire and hold by grant, lease, purchase or conveyance or otherwise all such rights or privileges, corpor[e]al or incorpor[e]al, as may be necessary and incident to the execution of this power; to provide for the prevention and extinguishment of fires, and to organize, establish and maintain fire departments for the city; to establish, operate and maintain any system of public utility necessary for health, comfort or convenience of the inhabitants of the city, including electric or other street railway lines; to regulate the rates of public utility companies or corporations operated for profit within the city; to require the erection and operation of gates by railroad and street companies across the streets and sidewalks of the city at dangerous approaches to lines operated by such companies and to require such companies to lay materials and build crossings over or under their lines, roadbeds, embankments and ditches, suitable for the passage of the public over or under such lines along any streets the city commission may deem necessary for public use; the power to acquire, erect, maintain and operate ice plants, provided, however, that all powers in this section granted shall be expressly subject, with respect to the borrowing of money, to the provisions and limitations contained and referred to in section 6.01(d).

    (c) Subdivisions. Before any street is opened, or any existing street is extended, and before any new subdivision for residence, business or industrial uses is made, the person or persons opening such street, or proposing such new subdivision shall submit a detailed plan with blueprints and other necessary data to such planning board. It shall be the duty of such planning board to carefully examine said plans and specifications as regards their nature and purpose; with the principal width, character and location of such streets and alleys, and such subdivisions, and size, material and manner of laying water mains and sewer lines, and then transmit such application, with all plans and data, to the city commission, with its recommendations thereon in writing, and the jurisdiction of such planning board and of the city commission of the City of Haines City, Florida, concerning the regulations and restrictions of subdivisions shall extend one mile beyond the corporate limits of said city. In case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained; or any building[,] structure or land is used in violation of this act [Charter], or any ordinance or other regulation made under the authority conferred hereby or in case this act [Charter] is violated in any respect, the city commission, in addition to other remedies now provided by its charter or by law, may institute any proper action or proceedings deemed necessary to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the use and occupancy of any such building, structure, land or street, or to prevent any illegal act, conduct, business or use in or about the same.

    (d) Streets. The city commission in vacating any street or part of street, or changing the name of any street may include in the ordinance the change of name or narrowing of more than one street, avenue or alley, but before vacating any street, or part thereof, or narrowing any street, the commission shall first pass a resolution declaring its intention to do so. A copy of said resolution shall be served by the chief of police or his deputy in the same manner as summons is served in civil actions upon all persons whose property abuts upon the portion of the street affected by the proposed vacation or narrowing, but service may be had by publication once in one daily newspaper of general circulation in the city as to all persons who cannot be personally served. Said notice shall state the time and place at which objections can be heard before the city commission, and the commission may thereafter by ordinance declare such vacation or narrowing of a street, avenue or alley, of which notice was previously given as hereinbefore provided for, and such order of the commission vacating or narrowing a street which has been dedicated to public use by the proprietor shall, to the extent to which it is vacated or narrowed, operate as a revocation of the acceptance thereof by the commission.

    (e) Appropriation of land. Property within the corporate limits of the city may be appropriated for any public or municipal purpose, and to the extent of the authority granted by the constitution of the state, such appropriation to be made as herein provided. By such appropriation, the city may acquire a fee simple title, or any less estate, easement or use. Appropriation of property located outside the corporate limits of the city shall be made according to the requirements of, and as provided, by the general state law.

    (f) Annexation—General. All or any part of such territory not within the corporate limits of the City of Haines City, Polk County, as it now exists or may hereafter exist, lying contiguous or adjacent to any of the boundaries of the city as they now exist or may hereafter exist, may be integrated into and made a part of the city as hereinafter set forth. When so integrated into and made a part of the city, such territory shall be subject to the jurisdiction, obligations, debts, benefits, and privileges of the city, except as herein otherwise provided, the same as the area now constituting the City of Haines City.

    (g) Annexation—By ordinance. All or any part of such territory may be integrated into and made a part of the City of Haines City upon the petition to the city of not less than one hundred (100) per cent of the landowners of said territory; if such incorporation is deemed practical and expedient and in conformity with the overall plan for extending the boundaries of the city, the city commission shall upon receipt of the petition hold a public hearing on the petition after due public notice of not less than fifteen (15) days. After the public hearing, the city commission may by ordinance annex all or any part of such territory lying contiguous or adjacent to any of the boundaries of the city.

    (h) Annexation—Taxation. Upon the adoption of the ordinance and certified copy thereof being recorded in the public records of Polk County the area shall forthwith become a part of the City of Haines City, except that not until January 1st following the date of the adoption of the ordinance shall the property within the annexed territory be subject to ad valorem taxation.

    (i) Annexation—Rights of citizens. After the adoption of the ordinance all residents in the newly annexed territory shall have the same right to vote in the city elections and to hold public office within the city as though the newly annexed territory had been a part of the City of Haines City for at least six (6) months prior to the date of the ordinance, provided that the residents shall meet all other requirements of the City Charter for qualified electors of the City of Haines City. All persons, firms and corporations lawfully engaged in any profession, occupation, trade or business within the annexed territory on the effective date of its annexation and holding valid state and county licenses therefrom may upon paying the license taxes required by Haines City thereupon be entitled to carry on their profession, occupation, trade or business in the City of Haines City without the necessity of a permit or certificate granted by any examining board of the city, but such right may be terminated for cause after a hearing by the appropriate examining board of the city.