HomeMy WebLinkAboutOrdinance_10-23_9/14/2023ORDINANCE 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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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 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 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 buildina 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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ORDINANCE Date
10-23 9/14/2023
Upon Second Reading
Motion Council Member Frank D'Ambra Second Council Member Patrick Painter
FOR
AGAINST
ABSENT
CONFLICT
Mayor Molly Young
❑
Vice -Mayor Laurie Brandon
❑
❑
Council Member Frank D'Ambra
❑
❑
Council Member Patrick Painter
0
❑
❑
❑
Council Member Rick Sartory
❑x
❑
❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Mo y Young
ATTEST:
Lori McWilliams, MMC
Village Clerk
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