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HomeMy WebLinkAboutOrdinance_429_09/19/1991,, ~ ti. ORDINANC~C N0. 4 2 9 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTION 10-19 OF THE VILLAGE OF TEQUESTA CODE OF ORDINANCES REI,ATINd TO NOTICE OF VIOLATION FOR UNLAWFUL GROWTH OF WEEDS VNDERGROWTH AND OTHER PLANT LIFE; AMENDING BECTTON ~.0-21 OF THE VILLAGE OF TEQUESTA CODE OF, ORDINANCES RELATING TO THE SANITARY LIEN BOOK; PROVIDING FOR gEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION, PROVIDING FOR EFFECTIVE DATE. 9E ZT ORDAINEp SY THE VILLAGE COUNCIL OF THE VTI,LAGE OF' TEQUESTA, FLORIDA, A$ FOLLOWSf section 1. That Section ~.0-19, Chapter 10 of the Coda of Ordinances, Vil~.age of Taquesta, Florida is hereby amended to read as follows: sec. 10-i9. Notiao to Owttar to Abate violatiant eexviao of wotiao. (1) Upon the failure of an owner or tenant to comply with the provisions of this article, the Village shall give one (1) written votive by certified mail, return receipt requested, to the record owner oP such property at the address indicated in the records of the Palm Beach Gounty Property Appraiser's Office, that a violation exists wh~.ch is in violation of this article. Tn the event that return receipt of the notice is not receivod by the Village within ten (10) days aP mailing, then notice shall ba published in a newspaper of general circulation in the community. (2) The notice shah.: {a) advise the owner of the existence and nature oP the violation; (b) specify what vorrective action must be taken; (c) require the owner to remedy or abate the violation withl.n fifteen (15) days from the date of mailing the notice, or ff notice ie provided by publication, such notice shalX require the pxap~rty owner to remedy or abate the violation within fifteen (15) days of such notice; • (d) state that failure to take the prescribed cart®ctive action within the specified time wi11 result in the Village abating the violation without further notice to the owner by entering the premises and taking such steps reasonably necessary to affect abatement, the cost of which action, plus administrative charges, shah. constitute a lien against the property; (e) advise thQ owner of a right to request a '. hearing as prov~.ded in this Coda of ordinances; (f) advise the owner that upon reaccurrenae of the violation the Village may without further notice to the owner enter the premises and take such steps reasonably necessary to effect abatement the cost of which, plus administrative charges, will be a lien against the property; „~ -, . .ti (g) advise the owner that upon reaccurrance the violation may be referred to the code enforcement board and fines may be levied. • •(3) If a hearing is requested by the owner within fifteen (15) days from the date of mailing of notice of violation, or within fifteen (~.5) 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 dons exist, 'the owner shall take corrective action required in the notice ~~within five (5) days of the hearing. IF the property owner does knot comply, the village shall hav® the right to enter the premises and take stops reasonably necessary to effect abatement without further notice to the awner, the cast of which action, plus administrative charges shall constitute a lien against the iproperty. (4) If no hearing is requested within fifteen {~.5) days Prom the date aP mailing aP notice of violation or within fifteen {15) 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 neoessary to affect abatement, the coat oP which action, plus administrative charges aha11 constitute a lien against the .property. {5) Nothing in this article shall preclude the V~.11age from taking immediate action to abate the violation, if in the opinion oP the code enforcement officer, the violation constitutes an imminent danger to human life. (6) Upon completion of any work undertaken by the Vi1~.age to abate a violation oP 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 aamply with the node enforcement inapector~s order, the Village has vauaed the land to be clearQd. 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. (7) Nothing in this article shall preclude the Village Prom pursuing any ether remedy permitted by law to enforce the provisions of this chapt®r. Section 2. Section ~.0-2~., Chapter 10 of the Tequesta Cade of Ordinances is hereby amended to read as Eollaws: ~av. 10-Ri. Sanitary LiMn hook. ~icle, the clerk shall enter into a -book which shall be prepared and kept for that ppurpose, which shall be kept open Par public inspection in his office and which shall be des~.gnated as the ~~Sanitary Lien Book~~, the legal description of the lots, tracks or parcels oP land involved, the Hama of the owners as shown on the records of the clerk, the number and date of the original resolution, and the estimated cost of remedying the conditions as described therein. Thereafter, as the procedure required hereby is accomplished takes place, there shah. be entered into Buch book the date of oompletion oP the work, the date of publication of the work, the final cost oP such work, and such other information as may be required or convenient, or, the fact that the owner of such premises has complied with the terms o! this chapter. 2 1 ~- ~ ,4 U Section 3. severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affeot the othex provisions or applications of this Ordinance which can ba given effect without the invalid provisions ar applications, and to this end, the provisions of this i Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All ether ordinances of the Village of Tequesta, Floxida, or parts thereof! which conflict with this or any part of this Ordinance are hereby) repealed. section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 6. Effective Date. This ordinance shall take effect immediately upon its pasaac~a and approval, as provided by law. THE FOREGOING ORDxNANCE was offered by Councilmember who moved its adoption. Tho Ordinance was seconded by Counc )member tr; 1 1 ; am F _ Ri~rc-kart and upon being put to a vats, the vats was as follows: William E. Burckart Joseph N. Capretta Earl L. Collings Edward C. Howell Ron T . P•~ac~:ai 1 The Mayor thereupon declared the Ordinance duly passed and adopted this __1;th _ day of September , 1991. OF~ T~QU~~/ . A o,~S~1 ~ . Capxetta s ~m ~ ~ ~ ~ e~ V )lase er 3