HomeMy WebLinkAboutDocumentation_Regular_Tab 18_8/10/2023Agenda Item #18.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 10 2023
Staff Contact: Lynne Britt, Building Support Department: Building
Administrator
ORDINANCE NO. 10-23 FIRST READING, 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.
ORDINANCE NO. 10-23 FIRST READING, 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.
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.
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
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Agenda Item #18.
COMMENTS/EXPLANATION ON SELECTIONN/A
Recommend approval.
Memorandum Regarding First Reading of Vacant Lot Maintenance Ordinance No. 10-23.ada
First Reading of Ordinance No. 10-23 Vacant Lot Maintenance.ada
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Agenda Item #18.
Village
345 Tequesta Drive
Tequesta, FL 33469
To:
From
Date:
Re:
Purpose
of Tecluesta
561-768-0700
www.tequesta.org
Mayor Molly Young and Village Council
Lynne Britt, CFM, Building Support Administrator
July 21, 2023
First Reading of Ordinance No. 10-23 - Vacant Lot Maintenance
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).
Local Planning Agency
During the July 20, 2023 Local Planning Agency (LPA) meeting, the LPA recommended
Ordinance No. 10-23 for approval with one change to Section (c) on p. 3 to add a grace
period for properties where building construction remains in active status. This change
has been incorporated into Ordinance 10-23 which is now presented for first reading.
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
Page 247 of 250
Agenda Item #18.
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 #18.
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 #18.
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 unless building construction remains in active status. 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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