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HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_2/27/2023Agenda Item #5. Workshop STAFF MEMO Meeting: Workshop - Feb 27 2023 Staff Contact: Jose Rodriguez, Building Official Department: Building AM Discussion Regarding a New Village Code Section 14-8 for the Maintenance of Vacant Lots within the Village Discussion regarding a new Village Code Section Village. 14-8 for the maintenance of vacant lots within the This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: N/A Proposed: N/A PROJECTED TOTAL: N/A BUDGET: N/A ENCUMBERED: N/A Memo Re VOT Vacant Lots 2.16.2023.ada Projected Remaining: N/A VILLAGE OF TEQUESTA NEW DRAFT SECTION 14-8 - Vacant Lot Maintenance 2.16.2023.ada BOCA RATON CODE EXAMPLE 2.16.2023.ada JUNO BEACH CODE EXAMPLE 2.16.2023.ada JUPITER INLET COLONY CODE EXAMPLE 2.16.2023.ada NORTH PALM BEACH CODE EXAMPLE 2.16.2023.ada Page 44 of 50 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of T To: Jeremy Allen, Village Manager From: Jose Rodriguez, Building Director CC: Honorable Mayor and Village Council Date: February 16, 2023 Re: Vacant Lots 561-768-0700 www.tequesta.org The purpose of this workshop request is to present the attached draft code section to the Village Council for discussion purposes. The reason for this new code section is that concerns regarding the maintenance of vacant lots within the Village have been increasing due to property owners/developers demolishing structures without commencing rebuilding within a reasonable timeframe (e.g., The Reserve). The attached draft code addresses maintenance of such vacant lots. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 45 of 50 Agenda Item #5. DRAFT FOR FEBRUARY 27, 2023 WORKSHOP DISCUSSION New Sec. 14-8. Vacant lot maintenance. Notwithstanding any other provisions of this code, for the public health, safety, aesthetics and/or welfare of the Village, the following provisions shall apply to all vacant lots within the Village: (a) No person owning, leasing, operating, or having control of any vacant property within the village shall maintain, keep, or permit any nuisance as described in this section. (b) The existence of any of the following conditions or conduct on vacant property is hereby declared to constitute a public nuisance; (1) Accumulation of dry vegetation, weeds, grass, uncultivated vegetation, or invasive species: a. Which results in a condition that may threaten the health, safety or economic welfare of abutting or adjacent property owners or occupants, or b. Which presents a visual blight upon neighborhoods, or c. Which may harbor insect or rodent infestation that creates an unsafe or unsanitary condition on the property, or d. Which may likely become a public safety hazard including but not limited to, fire and flood hazard, or e. Which overhangs or grows across property lines. (2) Motor vehicles or boats parked or abandoned on vacant lots. (3) Accumulation of abandoned or broken equipment, discarded furniture, household appliances, trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticultural debris, salvage materials and machinery. (4) Inhabitation on vacant property. (5) A condition or use that causes a substantial diminution of value of property in the vicinity of the condition or use, except uses in conjunction with an active building permit. (c) In the event an existing building or structure is demolished resulting in the creation of a vacant lot, such lot shall be planted with grass material consisting of Bahia, St. Augustine or Floratam grass or sod; the planting required by this section shall be installed within ninety (90) days of the completion of demolition of the building or structure. All such plantings shall be properly maintained and mowed to a height of not more than six (6) inches. Page 46 of 50 Agenda Item #5. BOCA RATON, FL Sec. 10-1. Maintenance of lots, structures. (1) No trash or debris of any kind resulting from fire, windstorm, demolition or partial demolition of a building or structure, or the modification, alteration or repair of an existing building or structure, shall be permitted to remain on any lot or plot, or any sidewalk, bicycle path, street, road or alley right-of-way contiguous thereto. (2) Equipment, materials, temporary structures, trash and/or debris shall not be stored on any vacant or partially vacant lot or plat, except as may be authorized by current codes and ordinances and with the prior approval of the chief code administrator, and such shall not be permitted to remain on any vacant or partially vacant lot or plot, or the sidewalk, bicycle path, street or alley right-of-way, after completion of either a new building or structure or work on an existing building or structure. (3) All trash, debris, rubble, removed trees and shrubs, tree and shrub trimmings or similar materials, shall be removed from the site and disposed of in an approved disposal area. Burial of such materials on -site, or burial or disposal at any location other than an approved disposal area, is prohibited. (4) The owner, lessee or the authorized representative of either shall be responsible for the proper maintenance of buildings, structures and property. The owner, lessee or representative shall correct, or cause to be corrected, any maintenance deficiencies, and shall remove or cause to be removed any temporary buildings, equipment, materials, trash, rubble, debris or similar materials in violation of this section within the time limits specified in the notice of violation issued by the chief code administrator. If the owner, lessee or representative fails to comply with the provisions of the notice of violation, the chief code administrator shall after having ascertained the cost thereof to include administrative costs, cause the required corrective action to be taken and the cost shall be charged to the owner of the premises involved and shall become a first lien on the property, which lien shall be foreclosed as provided by law. (Code 1966, § 7-1(c)—(f)) Cross reference(s)—Buildings and building regulations, ch. 19. (Supp. No. 68, Update 7) Created: 2023-01-11 09:27:36 [EST] Page 1 of 1 Page 47 of 50 Agenda Item #5. JUNO BEACH, FL Sec. 6-107. Uses or activities constituting a public nuisance. The following actions or activities by any person upon any improved or vacant parcel, lot, tract, land or premises within the town shall constitute a public nuisance and shall constitute a violation of this Code, subject to all methods of code enforcement available to the town, including, but not limited to, code enforcement proceedings and injunctive relief: (1) The casting, throwing, sweeping, placing, depositing, or burial of any debris in any manner other than placing the same in a proper disposal facility or place, dumpster, garbage or trash can, or other approved garbage receptacle; (2) The condition of ill repair or lack of maintenance of any real property such that such condition is deemed to be unsafe or creates a health, sanitation, or safety hazard; (3) The growth of weeds, grass, or other similar ground cover which exceeds 12 inches in height, the uncontrolled growth of vegetation which fails to present a healthy appearance, or any vegetation or plant material growth which is conducive to harboring vermin, insects, reptiles, or other wild animal life; (4) The keeping of animals or fowl in any manner which creates an unhealthy or unsanitary condition; (5) The presence, accumulation, open storage, or otherwise keeping of debris or any abandoned, discarded, or unused personal property visible at ground level from adjoining properties or public rights -of -way; (6) The parking, leaving, storing, or possession of any boat, trailer, or parts thereof, which are in a rusted, wrecked, junked, partially dismantled, inoperative, or abandoned condition, upon any public or private property unless the same is completely enclosed within a building or structure and is completely shielded from view from adjoining properties or rights -of -way; (7) The parking, leaving, storing, or possession of any inoperable motor vehicle, or parts thereof, upon any public or private property unless the same is completely enclosed within a building or structure and is completely shielded from view from adjoining properties or rights -of -way; or (8) The presence, accumulation, storage, or keeping of any building material on the ground, leaning against any building or structure, or upon the roof or top of any building or structure in the absence of ongoing construction activity conducted pursuant to a valid building permit when such material is visible at ground level from adjoining properties or public rights -of -way. (Ord. No. 588, § 5(4-119), 11-9-2005) (Supp. No. 30) Created: 2022-09-07 08:48:44 [EST] Page 1 of 1 Page 48 of 50 Agenda Item #5. JUPITER INLET COLONY, FL Sec. 9-8(d). Land disturbing activities; fugitive dust or blowing sand. (d) All vacant lots within the town shall be planted with sod. In the event of the demolition of a house or structure on a property, unless the owner has applied for a building permit for new construction, sod shall be planted within (15) days of the demolition of any house or structure on the property. (Supp. No. 11) Created: 2022-12-28 12:40:36 [EST] Page 1 of 1 Page 49 of 50 Agenda Item #5. NORTH PALM BEACH, FL Sec. 14-80. Uses or activities constituting a public nuisance. The following uses or activities upon any improved or vacant parcel, lot, tract, land or premises within the village shall constitute a public nuisance and a violation of this code, subject to the nuisance abatement procedures set forth in this article and all other methods of code enforcement available to the village, including, but not limited to code enforcement proceedings and injunctive relief: (1) The condition of ill repair or lack of maintenance of any real property such that the condition is deemed unsafe or creates a health, sanitation, or safety hazard, including, but not limited to, the harboring of rats, snakes and other vermin or the pooling of water that may serve as breeding grounds for insects and other disease vectors; (2) The growth of weeds, grass, or other similar ground cover which exceeds twelve (12) inches in height for improved and unimproved lots, or the uncontrolled growth of vegetation which fails to present a healthy appearance; or (3) The presence, accumulation, storage, or otherwise keeping of debris or any abandoned, discarded, or unused personal property when not completely enclosed in a structure and visible at ground level from adjoining properties or public rights -of -way. (Ord. No. 2008-15, § 31 10-23-08; Ord. No. 2010-21, § 2, 11-18-10) Sec. 15-2(c)(2). Exterior property areas. (2) All undeveloped properties must have grass or other suitable live landscape materials planted over the entire site. While undeveloped properties may be irrigated utilizing an irrigation system, electrical service to such properties shall be prohibited. Formerly developed vacant lots with a planting plan approved pursuant to section 45-36 of the Village Code shall adhere to the requirements of that plan. All undeveloped properties and vacant lots shall undergo regular maintenance, including, but not limited to, pruning, edging, mulching, or any other necessary actions consistent with generally accepted horticultural practices. (Supp. No. 82) Created: 2023-02-03 10:00:42 [EST] Page 1 of 1 Page 50 of 50