HomeMy WebLinkAboutDocumentation_Regular_Tab 10D_9/19/1991 v y
VILLAGE OF TEQUESTA
+.� i4 Post Office Box 3273 • 357 Tequesta Drive
. •�i�,, a Tequesta, Florida 33469-0273 • (407) 575-6200
"�'ll�ti 7 4.° FAX: (407) 575-6203
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MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager ( '
DATE: September 12, 1991
SUBJECT: Ordinance No. 429 - Second Reading; Agenda Item
Pursuant to the request of Councilmember Burckart and the
subsequent action of the Village Council, we have amended the
applicable portions of this Ordinance as follows:
Section 10-19 (1)
"In the event that return receipt of the notice is not received
by the Village within ten (10) days of mailing, then notice
shall be published in a newspaper of general circulation in the
community. "
Section 10-19 (2) (c)
" or if notice is provided by publication, such notice shall
require the property owner to remedy or abate the violation
within fifteen ( 15) days of such notice";
With these requested changes added, Ordinance No. 429 is
recommended for Second Reading and Adoption.
TGB/jmm
A
Recycled Paper
ORDINANCE NO. 429
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTION
10-19 OF THE VILLAGE OF TEQUESTA CODE OF
ORDINANCES RELATING TO NOTICE OF VIOLATION FOR
UNLAWFUL GROWTH OF WEEDS UNDERGROWTH AND OTHER
PLANT LIFE; AMENDING SECTION 10-21 OF THE
VILLAGE OF TEQUESTA CODE OF, ORDINANCES
RELATING TO THE SANITARY LIEN BOOK; PROVIDING
FOR SEVERAAILITY, PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT, PROVIDING FOR
CODIFICATION, PROVIDING FOR EFFECTIVE DATE.
F IT ORDAINED BY
THE
VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FLORIDA, AS FDL
sna ton 1._
That Section 10-19, Chapter 10 of the Code of
Ordinances, Village of Taquesta, Florida is hereby amended to read
as follows:
sea. 10-19. Notice to Owner to Abate violation; Service of
Notice.
(1) Upon the failure of an owner or tenant to comply
with the notice certified mai of this il,lreturn the receiptshall
requested,ive one
to the
writtenc Ythe
record owner of such property at the address iserasc�fPice in that
records of the Palm Beach County Property App
a violation exists which is in violation of this article. In the
t
of
he notice
not
by
event that u tent (1)p days tof mailing is then notice received sha ll the
Village within
published in a newspaper of general circulation in the community.
(2) The notice shall:
(a) advise the owner of the existence and nature
of the violation;
(b) specify what corrective aotion must be taken;
(c) require the owner to remedy or abate the
violation within fifteen (15) days from the
date of mailing the notice, or if notice is
provided by publication, such notice shall
require the property owner to remedy or abate
the violation within fifteen (15) days of such
notice; -
(d) state that failure to take the prescribed
corrective action within the specified time
will result in the village abating the
violation without further notice to the owner
by entering the premises and taking such steps
reasonably necessary to of lust abadmtement,nientatthe
cost of which action, A
charges, shall constitute a lien against the
property)
(e) advise the ownera right
this request of
hearing as provided
ordinances;
(f) advise the owner that upon reoccurrence of the
violation the Village may without further
notice to the owner enter the premises and
take such steps reasonably necessary to effectt
abatement the cost of which, p
administrative charges, will be a lien against
the property;
l
(g) advise the owner that upon reoccurrence the 1
violation may be referred to the code
enforcement board and fines may be levied.
'(3) •If a hearing is requested by the owner within
fifteen (15) days from the date of mailing of notice of violation,
or within fifteen (15) days from the date notice is published, the
owner may appeal the notice of violation before the code
enforcement board at its next regularly scheduled meeting. If the
code enforcement board determines that the violation does exist,
the owner shall take corrective aotion required in the notice
within five (5) days of the hearing. If the property owner does
not comply, the Village shall have the right to enter the premises
and take steps reasonably necessary to effect abatement without
further notice to the owner, the cost of which action, plus
administrative charges shall constitute a lien against the
property.
(4) If no hearing is requested within fifteen (15) days
from the date of mailing of notice of violation or within fifteen
(15) days from the date notice is published and the owner has not
commenced the corrective action required, the Village shall have
the right to enter upon the premises and take such steps reasonably
necessary to affect abatement, the cost of which action, plus
administrative charges shall constitute a lien against the
property.
(5) Nothing in this article, 'shall preclude the Village
from taking immediate action to abate the violation, if in the
opinion of the code enforcement officer, the violation constitutes
an imminent danger to human life.
(6) Upon completion of any work undertaken by the
Village to abate a violation of this article, the Village Clerk
shall send a notice to such owner by certified mail, return receipt
requested, stating that due to the failure to comply with the code
enforcement inspector's order, the Village has caused the land to
be cleared. The notice shall show the total amount assessed
against the property and state that the amount has been assessed
against them and a lien against the property has been filed.
(7) Nothing in this article shall preclude the Village
from pursuing any other remedy permitted by law to enforce the
provisions of this chapter.
Aection 2. Section 10-21, Chapter 10 of the Tequesta Code
of Ordinances is hereby amended to read as follows:
Be ,v 10-21. sanitary Lien Book.
"Upon providing ,notice of violation to the per of the
propertyinto
in violation of Yeauirements of blip
Drt cle, the clerk shall enter a book which shall be
prepared and kept for that purpose, which shall be kept
open for public inspection in his office and which shall
be designated as the "Sanitary Lien Book", the legal
description of the lots, tracks or parcels of land
involved, the name of the owners as shown on the records
of the clerk, the number and date of the original
resolution, and the estimated cost of remedying the
conditions as described therein. Thereafter, as the
procedure required hereby is accomplished takes place,
there shall be entered into such book the date of
completion of the work, the date of publication of the
work, the final cost of such work, and such other
information as may be required or convenient, or, the
• faot that the owner of such premises has complied with
the terms of this chapter.
Section 3. 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.
Deation 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.
Section 5. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 6, 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