HomeMy WebLinkAboutOrdinance_466_01/13/1994ORDINANCE NO. 466
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF
ORDINANCES, HEALTH AND SANITATION, AT SECTION
10-18, SECTIONS (a) , (b) AND (d) RELATING TO
UNLAWFUL GROWTH; AMENDING SECTIONS 10-19 AND
10-20 RELATING TO PERIODS OF TIME WITHIN WHICH
TO ABATE VIOLATIONS; PROVIDING AMENDMENTS SO
AS TO PROVIDE NOTICE TO MORTGAGEES OF RECORD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
• Section 10-18, Unlawful Growth Enumerated, paragraph (a), to read
as follows:
"(a) It shall be unlawful for the owner of any lot,
parcel or tract of land with or without improvements
constructed thereon within the village to permit grass,
weeds, or undergrowth to grow thereon to a height of
twelve inches (12") or more from the ground."
Section 2. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
Section 10-18, Unlawful Growth Enumerated, paragraph (b), to read
as follows:
"(b) It shall be unlawful for the owner of any lot,
parcel or tract of land whether with or without
improvements constructed thereon within the village to
permit rubbish, trash, debris, dead trees or other
unsanitary or unsightly conditions to remain on the
premises."
Section 3. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
Section 10-18, Unlawful Growth Enumerated, by rescinding paragraph
(d) in its entirety.
Section 4. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
Section 10-19, Notice to owner to abate violation; service of
notice, paragraph (1)(c), to read as follows:
"(c) Require the owner to remedy or abate the violation
within ten (10) days from the date of receipt of a notice
mailed by registered mail, or if notice is provided by
publication, such notice shall require the property owner
to remedy or abate the violation within ten (10) days of
such notice."
• Section 5. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
Section 10-19, Notice to owner to abate violation; service of
notice, paragraph (3), to read as follows:
"(3) If a hearing is requested by the owner within ten
(10) days from the date of receipt of the notice of
violation, or within ten (10) days from the date notice
is published, the owner may appeal the notice of
violation before the code enforcement board at its next
regularly scheduled meeting. If the code enforcement
board determines that the violation does exist, the owner
shall take corrective action required in the notice
within five (5) days of the hearing. If the property
owner does not comply, the village shall have the right
to enter the premises and take such steps reasonably
necessary to effect abatement without further notice to
the owner, the cost of which action, plus administrative
charges shall constitute a lien against the property."
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• Section 6. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
Section 10-19, Notice to owner to abate violation; service of
notice, paragraph (4), to read as follows:
"(4) If no hearing is requested within ten (10) days
from the date of receipt of the notice of violation or
within ten (10) days from the date notice is published
and the owner has not commenced the corrective action
required, the village shall have the right to enter upon
the premises and take such steps reasonably necessary to
affect abatement, the cost of which action, plus
administrative charges shall constitute a lien against
the property."
Section 7. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
• Section 10-19, Notice to owner to abate violation; service of
notice, paragraph (6), to read as follows:
11(6) Upon completion of any work undertaken by the
village to abate a violation of this article, the village
clerk shall send a notice to such owner by certified
mail, return receipt requested, stating that due to the
failure to comply with the code enforcement inspector's
order, the village has caused the land to be cleared.
The notice shall show the total amount assessed against
the property and state that the amount has been assessed
against them and a lien against the property has been
filed. The village clerk shall also notify mortgagees of
record on the property as to the imposition of said
lien."
Section 8. Chapter 10 of the Code of Ordinances of the
Village of Tequesta relating to Health and Sanitation is hereby
amended at Article II, Weeds, Undergrowth and Other Plant Life,
Section 10-20, Abatement, to read as follows:
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"Sec. 10-20. Abatement.
Upon failure of the owner of such lots, parcels or
tracts of land to remedy the condition of such premises
found to be in violation of the requirements of this
article, within ten (10) days after being given notice as
provided in section 10-19, then the manager shall have
the condition remedied either by contract, or direct
labor, or by a combination of both methods."
Section 9. Severability. If any provision of this
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Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 10. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 11. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 12. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING
tiVilliam E. Burckart
ORDINANCE was offered by Councilmember
who moved its adoption. The Ordinance
was seconded by Councilmember Earl L. Collings
being put to a vote, the vote was as follows:
and upon
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FOR ADOPTION
Ron T. Mackail
Elizabeth A. Schauer
Joseph N. Capretta
Earl L. Collings
~1lilliam E. Burckart
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this 13th day of January ~ lgg4,
MAYOR OF TEQUESTA
Ron T.' Mackail
AT`T'EST
llage Clerk
JCR\131530RD\UNDERGRO
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