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HomeMy WebLinkAboutDocumentation_Regular_Tab 8ABC_11/21/1991 ., - 11 3 e� rsitt ;;►+�'• ' VILLAGE OF TEQUESTA � i�; Post Office Box 3273 •• 357 Tequesta Drive i �, w ° Tequesta, Florida 33469-0273 • (407) 575-6200 -'��.f; ti �9 FAX: (407) 575-6203 •E.,',�,. ..4 e„ CO MEMORANDUM : TO: Village Council FROM: Thomas G. Bradford, Village Manager / DATE: November 14, 1991 SUBJECT: First Reading of Three Ordinances; Agenda Item At the Village Council Meeting on September 4, a proposed ordinance was presented to the Council that would have done the following: O Clarified Section 10-18 relating to unlawful growth. O Created ' a new Section 10-26 which would prohibit overhanging limbs or branches. O Created a new Section 10-27 to prohibit vegetation from growing upon and impeding public rights-of-way. O Created a new Section 10-28 requiring clearance above sidewalks, bike trails and roadways. O Created a new Section 10-29 to regulate composting. There was much debate concerning the content and need for the presented ordinance on September 4. No action was taken on the ordinance. Subsequently, staff presented the ordinance to the Finance and Administration Committee on October 21. It was the recommendation of the Committee that the ordinance be broken into three separate ordinances, based upon subject matter, to provide for clarification and a better understanding of the specific subject matter when discussed at first reading. Therefore, three ordinances are attached hereto and proposed for first reading. Recycled Paper MEMO: Village Council November 14, 1991 Page 2- The first ordinance amends Section 10-18 of the Code of Ordinances relating to unlawful growth. Currently, this Section consists of two lengthy paragraphs wherein all unlawful growth is discussed. The new ordinance merely rewrites the existing law into five paragraphs with each paragraph dealing with a specific aspect of unlawful growth. This makes it easier for the public and staff to comprehend. The second proposed ordinance establishes: "FlOm 0 Duties to trim eeec;ointrt trees overhanging walkways and streets in order to protect life and property during periods of high winds and hurricanes. 0 Limbs and branches overhanging neighboring property would be a violation requiring removal. 0 Require a clearance of eight feet above sidewalks, bike trails and roadways for pedestrians and a fifteen foot clearance for unobstructed passage of vehicles. The third and final ordinance deals only with the regulation of composting, which without regulation could become problematic as composting becomes more prevalent in response to "recycling" , volume- based solid waste rates and general efforts to reduce the demand for landfill space. These three ordinances are straightforward, workable and recommended for adoption by the Village Council. TGB/krb Attachments JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAMER CENTER TOWER 506 SOUTH FLAMER DRIVE ELEVENTH FLOOR LARRY B.ALEXANDER MARK B.KLEINFELD P.O.DRAWER E HENRY F.LILIENTHAL VINCENT J.ALTINO MICHAEL T.KRANZ WEST PALM BEACH,FLORIDA 33402.3475 1902.1063 GEORGE H.BAILEY JOHN M.L.ROUX KEVIN C.BEUTTENMULLER JOHN BLAIR MoCRACKEN (407)859-3000 HARRY ALUSON JOHNSTON MICHAEL D.BROWN PAMELA A.MoNIERNEY 1096.1963 RUTH P.CLEMENTS TIMOTHY E.MONAGHAN FAX:(407)632-1454 SCOTT M.COLTON GUY RABIDEAU R.BRUCE JONES JOYCE A.CONWAY JOHN C.RANDOLPH MARGARET L.COOPER PAULA REVENE 1904.1665 BYRON R.CORNWELL ANDREW ROSS REBECCA G.DOANE STEVEN J.ROTHMAN PAUL C.WOLFE RANDY D.ELLISON PETER A.SACHS 1933.1991 L MARTIN FLANAGAN ANDREA J.SAFKO WRITER'S DIRECT LINE: LORI E.HANDELSMAN JOEL T.STRAWN RETIRED SCOTT G.HAWKINS SIDNEY A.STUBBS,JR. THORNTON M.HENRY ALLEN R.TOMUNSON WILUAM A.FOSTER PETER S.HOLTON JOHN B.TRIMPER REBECCA F.HUHTA MICHAEL P.WALSH J.A.JURGENS H.ADAMS WEAVER OTHER LOCATION 54 N.E.FOURTH AVE. • DELRAY BEACH,FLORIDA 33463 October 22, 1991 • Ms. Joann Manganiello Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Our File No. 13153.1 Dear Joann: Pursuant to the direction of the Finance and Administration Committee I have drafted three ordinances for consideration by the Village Council, copies of which I include herein. Sincer , hn . Randolph JCR/ssm Enclosures 11/14/91 . 17:34 JONES FOSTER JOHNSTON & STUBBS NO.525 P003/004 • ORDINANCE NO. 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 VEGETATION PROM GROWING UPON AND IMPEDING PUBLIC RIGHTS-OF-WAY, PERMITTING THE - VILLAGE TO REMOVE SUCH IMPEDIMENTS AND. PROVIDING FOR THE PLACEMENT OP LIENS; CREATING. SECTION 10-27 TO PROHIBIT OVERHANGING LIMBS OR ' BRANCHES; CREATING 10-28 TO REQUIRE CLEARANCE ABOVE SIDEWALKS, BIKE TRAILS AND ROADWAYSf PROVIDING FOR SEVERABILITY; PROVIDING POR.. REPEAL OF ORDINANCES IN CONFLICT; PROVIDING . FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. CBE IT ORDAINED BY THE. VILLAGE COUNCIL OF THE VILLAGE OP 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 10-2.6 to read as follows: "sea. 10-26. Duties to trim coconut. trees; trimming by Village. ����) ' of high w ndsand hurricanes aa d to p r tect 'edestrians . and vehicular traffic where coconut trees overhang p� walkways and streets, all coconut trees in the Village shall be required to be trimmed annually by August 1st of each year, so that on August 1st of each year all coconut - trees in the Village shall be free of coconuts, coconut blooms and dead or dying fronds. Should any property owner fail to comply, with this Section, he shall be guilty of a violation of this Code and the department of public works may enter the premises and accomplish the necessary work, the cost of which- shall be assessed against the property involved. " Beoti.on' I.' That Chapter 1.0 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- 4' to ,,read as follows: ' 2!a "Sec. 1072/c Limbs, Drenches 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. " section . That Chapter 10 of the Code of Ordinances of the Village 'of .Tequesta is hereby amended at Article II, Weeds 1? ,Undergrowth and Other Plant Life, by including a new Section 10 , 'to read as follows:' 21 "sea. to-fie'. Clearance above sidewalks,. : bike trails, roadways. ' (a) A clearance of eight feet (a') measured from the edges, and extending the full width of all sidewalks • and bike trails shall be maintained by the department of 1 11/14/B1 17:35 JONES FOSTER JOHNSTON & STUBBS NO.525 P004/004 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. " figata.211.2. 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. pectirn , 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. $Pgti,Qn AG'.5 Codification. This ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Apg ion t7", Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: yO8 4D4PTTON AGAINST ADOPTION • The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: • Village Clerk JCR\131530RD\OVERHAHG.ORD 2 ORDINANCE NO. ., 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- 29 PROVIDING FOR THE REGULATION OF COMPOSTING; .. . PROVIDING FOR . SEVERABILITY; PROVIDING FOR' .. REPEAL OF ORDINANCES IN CONFLICT; PROVIDING • FOR CODIFICATION; PROVIDING 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 10-29 to read as follows: "Sec. 10-29. Regulation of Composting. (a) For purposes', of this article, composting, is defined as the accumulation of leaves, pine needles," twigs, grass, weeds, vegetative debris, dead trees and other wastes generated by vegetation or landscape, that. become decomposed as a result of the break- down of the organic materials by bacteria, fungi, worms and other organisms. (b) Owners of real property within the Village shall be permitted to engage in composting activities on, their property provided such owners comply with the following restrictions: er (1) All composting materials shall be kept Cu �;c � in a compost bin located on the property which .711 • shall not exceed four feet (4 '.) in height b';. �� and/or four feet (4 ' ) in width and/or five feet (5' ) in length. (2) Composting material shall not be' permitted to exist on any property within the Village except . for within a ;:compost 'bin 'as described in subsection (b) (1) • (3). One (1) compost bin shall te permitted' for each residence within the Village and said bin shall be located within the rear yard. (4) . The composting of trash, debris or waste' generated by products used for human consumption shall be prohibited. (5') A permit to construct and maintain a compost bin shall be obtained from the' Department of Community Development prior to • the construction and placement of said bin. " , . Section 2 . 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. Section 3. 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. • 1 , Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance, shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk JCR\13153ORD\COMPO.ORD 2 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTION 10-18 OF THE CODE OF ORDINANCES. RELATING TO UNLAWFUL GROWTH; PROVIDING FOR SEVERABILITY; • PROVIDING . FOR REPEAL 'OF ORDINANCES IN, CONFLICT; PROVIDING FOR CODIFICATION; • PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF ' TEQUESTA, FLORIDA, AS FOLLOWS: • Section 1. ' 'That Section 10-18 of the Village of Tequesta Code of Ordinances is hereby amended to read as follows: "Sec. 10-18. Unlawful growth enumerated. (a) It shall be unlawful for the owner of any lot, • parcel or tract of land with improvements constructed thereon within the Village to permit grass, weeds, or undergrowth to grow thereon to a height of twelve' inches (12") or more from the ground. (b) It shall be unlawful for the. owner of any lot, parcel or tract of land with improvements constructed thereon within the Village to permit rubbish, : trash, debris, dead trees or unsightly or unsanitary conditions to remain on the premises other than as permitted for composting purposes as set forth in Section 10-29 of this article. ' (c) It shall be unlawful for the owner of any lot, parcel 'or tract of land with improvements constructed thereon within the Village to permit the existence of depressions or excavations or any other condition on such premises thereon in which water may accumulate in such.a manner or fashion to make possible the propagation of. mosquitoes therein. (d) It shall be unlawful for the owner of any lot, ' parcel or tract of land whether there are improvements and constructions thereon or not, to permit weeds., grass or undergrowth to grow thereon to a height of' twelve - inches (12") from the, ground within one hundred (100'.) feet of the property line• of any other parcel or property that has improved construction thereon. (e) It shall 'be unlawful for the owner of any lot, parcel or tract of land whether there are improvements and constructions thereon or not to permit rubbish, trash, debris, dead trees or other unsanitary .or unsightly conditions to remain on the premises. '! Section 2 . Severability. If any provision 'of this 'Ordinance or the ,application thereof is ' held invlid, 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. Section 3. . 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 4. Codification. This Ordinance shall be codified and made a part of, the official Code of. Ordinances of' the Village of Tequesta. • • Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was,. as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and. adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk' JCR\131530RD\UNLAWGRO.ORD ,. . 2