HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 01_7/20/2023Agenda Item #2.
Local Planning Agency
STAFF MEMO
Meeting: Local Planning Agency - Jul 20 2023
Staff Contact: Lance Lilly, Senior Planner Department:
ORDINANCE NO. 10-23: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14.
BUILDINGS AND BUILDING REGULATIONS. ARTICLE I. IN GENERAL. BY CREATING AN
ENTIRELY NEW SECTION 14-7. "VACANT LOT MAINTENANCE" TO PROVIDE MINIMUM
STANDARDS, INCLUDING EROSION CONTROL AND SODDING, FOR VACANT LOTS
THROUGHOUT THE VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
The purpose for attached Ordinance No. 10-23. Vacant Lot Maintenance, is to provide minimum
standards for vacant lots in the Village due to an increase in concerns regarding the maintenance of
vacant lots due to property owners/developers demolishing structures without commencing rebuilding
within a reasonable timeframe (e.g., The Reserve).
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.
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Memorandum Regarding Vacant Lot Maintenance, Ordinance No. 10-23.ada
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Agenda Item #2.
Ordinance No. 10-23 Vacant Lot Maintenance.ada
EXAMPLE - Boca Raton - Sec. 10.1. Maintenance of lots. structures.ada
EXAMPLE - Juno Beach - Sec. 6-107. Uses of activities constituting a public nuisance.ada
EXAMPLE - Jupiter Inlet Colony - Sec. 9-8(d). Land disturbing activities; fugitive dust or blowing
sand.ada
EXAMPLE - North Palm Beach - Sec. 14-80 Uses or activities constituting a public nuisance; Sec. 15-
2(c)(2). Exterior property ar
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Agenda Item #2.
To:
From
Date:
Re:
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tecluesta
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Janet Strand, Chair, Local Planning Agency
Lynne Britt, CFM, Building Support Administrator
June 20, 2023
Ordinance No. 10-23 - Vacant Lot Maintenance
561-768-0700
www.tequesta.org
The purpose for attached Ordinance No. 10-23. Vacant Lot Maintenance, is to provide
minimum standards for vacant lots in the Village due to an increase in concerns
regarding the maintenance of vacant lots due to property owners/developers
demolishing structures without commencing rebuilding within a reasonable timeframe
(e.g., The Reserve).
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
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Agenda Item #2.
First Reading August 10, 2023
ORDINANCE NO. 10-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS. ARTICLE I. IN GENERAL. BY CREATING AN
ENTIRELY NEW SECTION 14-7. "VACANT LOT MAINTENANCE" TO
PROVIDE MINIMUM STANDARDS, INCLUDING EROSION CONTROL
AND SODDING, FOR VACANT LOTS THROUGHOUT THE VILLAGE;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, Village Code currently regulates nuisances created by abandoned
tangible personal property but does not regulate nuisances on vacant real property; and
WHEREAS, particularly in the case of demolitions, an extended period of time
can elapse between the issuance of a demolition permit and redevelopment of the
property; and
WHEREAS, as a result, lots can potentially sit vacant for extended periods of
time with no erosion control or ground cover which leads to aesthetically unpleasing
conditions and the potential for public nuisances; and
WHEREAS, Village Staff believes the regulations proposed by this are necessary
to ensure protection of the public health, safety, and welfare as it relates to vacant lots,
and
WHEREAS, the Village Council desires to adopt this ordinance as a means of
adequately addressing vacant lot maintenance within the Village, and has determined
that such adoption will best serve the public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 14. Buildings and Building Regulations. of the Code of
Ordinances of the Village of Tequesta is hereby amended at Article I. In General. by
creating an entirely new Section 14-7. Vacant lot maintenance. to provide minimum
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Agenda Item #2.
First Reading August 10, 2023
standards for vacant lots throughout the Village including erosion control and sodding;
providing that Section 14-7. shall hereafter read as follows:
Sec. 14-7. - 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 not owned or operated by 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 propertyLin
the vicinity of the condition or use, except uses in conjunction with an active
building permit.
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Agenda Item #2.
First Reading August 10, 2023
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 Floritam grass or sod: the planting required by this section shall be
installed within ninety (90) days of completion of demolition of the building or
structure. All such plantings shall remain living, be properly maintained and irrigated
and mowed to a height of not more than six (6) inches.
(d) Groundcover sufficient to restrain erosion and provide sediment control must be
planted or otherwise provided on portions of cleared land upon which further
construction action is not being undertaken, and faces of cut and fill slopes shall be
prepared and maintained. Such measures to restrain erosion and provide
sediment control shall be made within thirty (30) days of clearing and shall be
maintained for the life of the project. inclusive of delays in overall construction time.
Section 2: Each and every other Section and Subsection of Chapter 14.
Buildings and Building Regulations. shall remain in full force and effect as previously
adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #2.
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]
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Agenda Item #2.
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]
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Agenda Item #2.
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]
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Agenda Item #2.
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, § 3, 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]
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