HomeMy WebLinkAboutOrdinance_432_12/19/1991
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ORDINANCE NO. 1132
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER
10 OF THE CODE OF ORDINANCES RELATING TO
HEALTH AND SANITATION, BY CREATING SECTION 10-
26 TO PROHIBIT OVERHANGING LIMBS OR BRANCHES,
PERMITTING THE VILLAGE TO REMOVE SUCH
IMPEDIMENTS AND PROVIDING FOR THE PLACEMENT OF
LIENS; CREATING 10-27 TO REQUIRE CLEARANCE
ABOVE SIDEWALKS, BIKE TRAILS AND ROADWAYS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 10 of the Code of Ordinances of
the Village of Tequesta is hereby amended at Article II, Weeds,
Undergrowth and Other Plant Life, by including a new Section 10-26
to read as follows:
"Sec. 10-26. Limbs, Branches overhanging neighboring
property.
In the event that limbs or branches of trees, shrubs
or hedges shall extend over the land of another, such
overhanging limbs or branches shall constitute a
violation of this Code and shall be removed upon the
complaint of the person affected in the same manner and
pursuant to the same procedure provided for in Sec. 10-26
hereof. Should any property owner fail to comply with
this section, said property owner shall be guilty of a
violation of this Code and the Department of Public Works
may enter upon the premises and accomplish the necessary
work, the cost of which shall be assessed against the
property involved."
Section 2. That Chapter 10 of the Code of Ordinances of
the Village of Tequesta is hereby amended at Article II, Weeds,
Undergrowth and Other Plant Life, by including a new Section 10-27
to read as follows:
"Sec. 10-27. Clearance above sidewalks, bike trails,
roadways.
(a) A clearance of eight feet (8') measured from
the edges, and extending the full width of all sidewalks
and bike trails shall be maintained by the department of
public works at all times for the unobstructed passage of
pedestrians.
(b) A clearance of fifteen feet (15'), measured
vertically from the edges of pavement, gutters or
headers, and extending the full width of all streets
shall be maintained at all times by the department of
public works for the unobstructed passage of vehicles."
Section 3. Severability. If any provision of this
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.
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Section 4. 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 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 passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Ron T. Mackail , who moved its adoption. The Ordinance
was seconded by Councilmember Earl L. Collings and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
William E. Buxckart
Joseph N. Capretta
Earl L. Collings
Edward C. Howell
Ron T. Mackail
The Mayor thereupon declared the Ordinance duly passed and
adopted this 19th day of December 1991.
MAY R OF TEQUESTA
N. Capretta
ATTEST:
V llage Clerk
JCR\131530RD\OVERHANG.ORD
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