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HomeMy WebLinkAboutDocumentation_Regular_Tab 10G_9/4/1991 • oc, VILLAGE .OF TEQUESTA ., Post Office Box 3273 357 Tequesta Drive -,..{�, Z Tequesta,Florida 33469-0273 • (407) 575-6200 mI��•• ,,' FAX: (407) 575-6203 N coo April 2, 1991 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs P. 0. Drawer E West Palm Beach, Florida 33402-3475 RE: Enhancement of Village Codes Relative to Landscaping Dear Skip: At the Village Council Meeting of March 28th, Mr. Wade Griest made a friendly and articulate appeal to the Village Council and staff for help relative to his specific problem. Subsequent to that meeting, members of the Village Council have contacted me to let me know of their opinion to move quickly in finding a solution to this and other similar situations. The answer is to enhance the various codes of the Village. It is requested that you prepare an Ordinance(s) that will address the following items. Please keep in mind that these items are guidelines. o Amend the Zoning Ordinance to provide a definition of Landscaped Open Space and require a 40% minimum landscaped open space for residential properties per the Palm Beach Code. It seems to me that the Palm Beach definition for landscaped open space is inadequate in that it allows the very thing we wish to discourage, this being uncontrolled natural growth. As for natural growth, perhaps we only want to allow native species provided in a designed Xeriscape context? This may disallow uncontrolled natural growth. Do we want to mandate the provision of a lawn such as that typically seen in Florida allowing St. Augustine, Bahia, and Bermuda grasses? This is where we will have the most discussion. o Please prepare an Ordinance(s) similar to Palm Beach Code Section 23-3 making it a violation to have overhanging limbs or branches • onto the property of another, allowing for the Village to remove the same and allowing for the Village to place a lien for costs associated therewith.. o Please prepare ' an Ordinance(s) similar to Palm Beach Code Section 19-6 and Section 19-7, that basically makes it the responsibility of the abutting property owner to keep all vegetation from growing upon and impeding public rights-of-way, allowing the Village to remove such impediments ' and allowing the placement of liens to recoup the costs associated with removal. Recycled Paper • John C. Randolph, Esq. RE: Enhancement of Village Codes April 1, 1991 Page 2 - o Ordinance( s ) enhancing Village of Tequesta Code, Section 10-17 and Section 10-18 so as to eliminate any ambiguity and problems that the Code Enforcement Officer has encountered in addressing the various related problems within the Village. o Ordinance(s) prohibiting composting. o Ordinance(s ) requiring the Xeriscaping concept in all landscaping for new residential construction and renovations exceeding an acceptable value threshold, say 50%. Consideration should be given to amending Village Ordinance No. 411 to accomplish this which would make these requirements applicable to all of the Village Water System area to the benefit of water conservation efforts. o The "invader species" that were included in Village Ordinance No. 377 should also be prohibited on residential properties with consideration of "amortizing" invader species currently in existence on residential properties. See Objective 2. 15.0, page C- 13 of the Conservation Element of the Village Comprehensive Plan. By copy of this correspondence, Scott D. Ladd, Building Official, is requested to review the covenants and deed restrictions for the various subdivisions of the Village in order to prepare a matrix that will identify the mandatory landscaping requirements of these subdivisions. This matrix will enable us to derive a composite of the landscaping requirements already used within the subdivisions of the Village. This may prove useful in an Ordinance mandating landscaping requirements. We will work closely with you to prepare these Ordinances. Some will have to be discussed in great detail with the Village Council. Should you have any questions concerning this request, please contact me at your earliest convenience. Sincerely, Thomas G. Bradford Village Manager rGB/mk cc: Village Council Scott D. Ladd, Building Official Gary Preston, Director of Public Works & Recreation Tom Hall, Water System Manager Steve Kennedy, Code Enforcement Officer a . • 4%1\ VILLAGE OF TEQUESTA •• fi �R r?� d� ; ;� r'r'" BUILDING DEPARTMENT 4Q4, ,� ;•" Post Office Box 3273 • 357 Tequesta Drive 4CH COUNt1 Tequesta, Florida 33469-0273 • (407) 575-6220 `~.� ,g,,�ee 9 4. FAX: (407) 575-6203 MEMORANDUM.: '°r' • TO: Thomas G. Bradford, Village Manager FROM: Steven A. Kennedy, Deputy Building Official 5- !" DATE: April 9, 1991 SUBJECT: Mandatory Subdivision Landscaping Requirements. Upon reviewing the covenants and deed restrictions of all single family subdivisions within the Village, I have concluded that none of them list any specific landscaping requirements mandatory to the individual lots within each subdivision with the exception of Tequesta Pines and Eastwinds Landing. These two specifically require "fully sodded lots". It is my impression that certain subdivisions provide for regulation of landscaping through the use of architectural review committees. If you desire, I can prepare a letter and questionnaire which could be sent to each active home owners association president requesting they provide to us any standards or criteria they utilize for this purpose. However, it is also my impression that none of them utilize any specific standards but rather that they simply review each new construction landscaping plan on an individual basis. • SAK/jms cc: Scott Ladd, Building Official v / r.�rI p. VILLAGE OF TEQLTESTA "`�� °t BUILDING DEPARTMENT r o _ �f?��. ,-,t s Post Office Box 3273 • 357 Tequesta Drive �Z ���1j �, `%�' �? +�,; C;USIA Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 , ( /� MEMORANDUM : TO: Thomas G. Bradford, Village Manager`/ FROM: Steven A. Kennedy, Deputy Building Official / DATE: April 12, 1991 SUBJECT: Deed Restricted Mandatory Landscaping Requirements Matrix Per your instruction at last nights Council meeting, attached please find the deed restricted mandatory landscaping requirements matrix. SAK/krb cc: Scott D. Ladd, Building Official , DEED RESTRICTED MANDATORY LANDSCAPING REQUIREMENTS MATRIX MAX . HEIGHT MIN . # MTN . # TYPE GROUND SUBDIVISION GROUND COVER TREES SCRIJ OS COV: R REL!U I REP BAY HARBOR N/A N/A N/A N/A *BAYVIEW TERRACE N/A N/A N/A N/A CHAPEL COURT N/A N/A N/A N/A COUNTRY CLUB POINT N/A N/A N/A N/A *CYPRESS RIDGE N/A N/A N/A N/A *EASTWINDS LANDING N/A N/A N/A FULLY SODDED LOT .JUPITER IN THE PINES N/A N/A N/A N/A *KEY WEST VILLAGE N/A N/A N/A N/A *NOIT GEDACHT N/A N/A N/A N/A RIDGEWOOD N/A N/A N/A N/A RIVERSIDE/LOXAHArCHEE N/A N/A N/A N/A SHADY LANE N/A N/A N/A N/A *SHAY PLACE N/A N/A N/A N/A *TEQUESTA 4" N/A N/A N/A *TEQUESTA PINES N/A N/A N/A FULLY SODDED? LOT N/A = NO APPLICABLE REQUIREMENTS LISTED IN COVENANTS/DEED RESTRICTIONS . * DENOTES ACTIVE HOMEOWNERS ASSOCIATION REQUIRING REVIEW PRIOR TO PERMITTING. NOTE: MANY SUBDIVISIONS DISALLOW "OVERGROWN LOTS" BUT DO NOT SPECIFY MAXIMUM GROUND COVER HEIGHTS , AS FOR EXAMPLE TEQUESTA SPECIFIES A" . (11,1k • 4 V VILLAGE OF TE UESTA � ce" e BUILDING DEPARTMENT � ip 4F� 4° Post Office Box 3273 • 357 Tequesta Drive ' f 'CH C0i10 Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM: TO: Thomas G. Bradford, Village Manager FROM: Steven A. Kennedy, Deputy Building Official Sct.-4 DATE: August 22, 1991 SUBJECT : Response regarding Mayor Caprettas request concerning a study/analysis of the typical/most common code enforcement problems vs . the methods utilized for achieving compliance. As you know, during the course of the past few months, staff has spent a considerable quantity of time and effort to bring the code compliance system more in line with the expectations of the public and Council members, and to justify the quality of past code compliance efforts . As in all aspects of work performance, it is recognized by staff that the quality of performance in the area of code compliance can be improved . At this point in time, the overall quality of the system has been significantly improved . One major aspect of this improvement, reducing the time to achieve compliance, is the 'major topic of discussion of this memo. Attacned, per the Mayors request, please find an analysis of last years code compliance efforts along with two example code compliance investigation forms which are offered as . case studies . Additionally, a line-graph is included to illustrate the different time constraint aspects of the worst case scenario. Upon review of this information, one may ascertain that two major approaches can be followed when addressing a typical violation. I will refer to the two approaches as the "old way" and the "new way" . I believe the subject request was made in an effort to assist in the problem area of expediting compliance . Upon compiling the • data necessary to respond to the request, it became clear to staff that the most effective and efficient method available for acnieving this purpose, which has already been put into practice, would be the "new way" as outlined later . ( 2 ) The primary differences in the two methods are as follows . The "old way" utilized a nice guy approach in which violators were given verbal warnings prior to written notice of violation (NOV) . Upon taiture to comply witn a verbal warning, an official NOV was issued usually allowing 15 days for compliance . Upon failure to comply witn a written notice, the case would .be presented at the following board meeting and a hearing would be scheduled tor the next montniy meeting . witn this approach an uncooperative violator could remain in violation for as many as yU days before a nearing could be scheduled . The "new way" as outlined below, will shorten this time ' period considerably. "New Way" Alleged violations should be investigated within 3 working days of date reported . Upon determining the existence of a violation, an otticial NOV should be issued within 2 working days . Said notice should allow a maximum of 5 days from date of receipt for compliance to be achieved . Upon expiration of the compliance period, noncomplied cases should be issued a notice of hearing within 2 working days . Said notice should allow a minimum of 14 days notice from date of receipt prior to a hearing. Utilization or cne "new way" as policy will meet due process requirements and provide tor a realistic and more expeditious method or achieving code compliance . Increasing efficiency in achieving compliance expeditiously has and will in the future become more critical as the community Development Department field start will dwindle in size . Taking all time constraint factors such as mail transit and the fact that hearings are neld on a monthly basis into consideration, the "new way' will expedite compliance by allowing for cases involving uncooperative violators to be scheduled for hearings within 25 to 55 days from time of complaint . Additionally, as official NOV' s will be issued quicker, more often, and allowing less time for compliances, violations involving more cooperative persons will be cleared in less time . It should be emphasized that the great majority of violators do willingly comply upon initial contact notifying them of a violation. The uncooperative violator . is rare, representing only 196 or so of all cases handled . However, as it is difficult to determine how a person will react to a notice of violation and as compliance is a matter of importance affecting more persons than simply the violator himself , the "new way" method of attempting to achieve compliance expeditiously should be utilized in every investigation. DEPARTMENT OF COMMUNITY DEVELOPMENT CODE COMPLIANCE ANALYSIS 1990 NOTICE OF CODE OF ORDINANCES TOTAL CLEARED BY VIOLATION ACTED UPON COMPLIANCE COMPLIANCE VIOLATION TYPE APPLICABLE SECTION INCIDENTS DEPARTMENT ISSUED BY CEB ACHIEVED PENDING _. Nuisance: Chapter 10 . Overgrown Yard Sec. 10-17, 10-18 26 25 2 1 26 0 Overgrown Vacant Lot Sec. 10-17, 10-18 7 7 5 0 7 0 Dead Tree Sec. 10-17 3 3 0 0 3 0 Sub Total: 36 . 35 . 7 1 36 0 Occupational License: Chapter 11 Unlicensed Business Sec. 11.25 32 32 1 0 32 0 Location - Unlicensed Contractor Sec. 11-25 150 150 0 O 150 0 Sub Total: 182 182 . 1 ..._0 182 0 Building Codes: . Chapter 6 Construction Work Model Countywide 55 55 1 0 55 0 Without Permit. Admin. Code Sec. 103 Hazardous/Inadequately Varies with 4 2 4 2 4 0 Maintained Bldg. , each code Elec., Mech., or Plumbing System Open Storage of Housing 10 9 6 1 10 0 Abandoned Items Sec. 307.4 on Resid. Property Sub Total: 69 66 11 3 69. 0 Zoning Code: Appendix A Sign Violation Sec. XII 32 - 30 8 2 32 0 Dumpster Screening Sec. X(P> 15 12 6 3 14 1 Residential Storage Sec. X(L) 5 5 0 0 5 0 of Recreational/ Commercial Vehicles Operating a Business Sec. X(A) 3 2 2 1 3 • 0 from a Resid. Dist. Sub Total: 55 49 16 6 54 1_ TOTAL: 342 332 35 10 341 1 V1/0 ��- VILLAGE OF =DMA DEPARTI1ENT OF COMMUNITY DEVELOPMENT OZ-,b CE CODE COMPLIANCE rNVESTIGATION FORM WA DATE: I "/D - 91 DAY:%fill E S O f{ TINE: , q: M.A. M. /We4. COMPLAINANTS INFORMATION: NAME: j)44(' Q . kv R 1 C.. ADDRESS: A Ny 4J NE.IcE TGQJ Gs i eN PHONE: S^S 5- S.s s S INVESTIGATIVE RESULTS REQUESTED: YES: V. NO: LOCATION & NATURE OF COMPLAINT: HOOS N EXT- DOOR-) t RD I�i45 �o� � /N1av� e. IN) SEVERAL W EE kS INVESTIGATION RESULTS: VIOLATION FOUND (X ) VIOLATION NOT FOUND ( ) ADDRESS/NAME OF VIOLATOR: T' V I X`r boom AN W EzE C AS1-Pc NATURE OF VIOLATION: YARD OVER- -Ro W N,, V£P 64-1 1114-RgII G/v5ji 1 /y•9/ /Vlti i CoMpe-y !y f-21 -9/ . 1-V-9/ p o Nor Conyty G✓/LL /SSvC /VW 4LLcy IN& /S DRYS T a Co,iN 9f ba dor C,OMPL 5LE C CGo ) NOTICE OF VIOLATION SENT ( )C ) DATE: 1 -2 - 91 DATE RECEIVED: I "ZS- I NOTICE OF HEARING SENT ( % ) DATE: 3 - b -q / DATE RECEIVED: J -S -9/ HEARING DATE SET: 4 - 2 - l / HEARING RESULTS: VIOLATION EXISTS ( ) VIOLATION DOES NOT EXIST ( • DAYS GIVEN TO COMPLY: s FINE/DAY LEVIED: 2-Soo HEARING RESULTS SENT ( X) DATE: '3 - DATE RECEIVED: DATE FINE WILL BEGIN: - / " `l" 7/ COMPLIANCE DATE: 4 - /O r a/ TOTAL FINE: ' ` ex> LIEN FILED ( ) DATE: /V 4 ADDITIONAL COMMENTS: /PP W I L A- AeAf r f fE,¢�f/1�(r A--r (1./ x MEET/ Fo(Z Fou-ow lru Cam- MG6 J //V fr ., INITIAL COMPLAINT ' INVESTIGATION COMPLE. cc: BUILDING OFFICIAL VILLAGE MANAGER Wo ,� OF TESIPSTA R' DEP OF Co ITS DEVELOPMENT N J E CODE COMPLIANCE INVESTIGATION FORM WAcY DATE: ► 40 - 9 l DAY:TAVR5 ay TIME: Cl: O0 A. M. /$ !. COMPLAINANTS INFORMATION: NAME: TIAN Q • kJ R Ll ADDRESS: A Ny wtifte T-E Q J GS+A PHONE: 5 S 5" S-S 5- INVESTIGATIVE RESULTS REQUESTED: YES: NO: LOCATION & NATURE OF COMPLAINT: HOUSE NEXT- DOOR-) 140 '-EN dhowe..1 N SEVERAL W KS INVESTIGATION RESULTS: VIOLATION FOUND (X ) VIOLATION NOT FOUND ( ) ADDRESS/NAME OF VIOLATOR: O V 10 L ri tt boom y w Eiz "TECQUS1.—Pc NATURE OF VIOLATION: YA R i ©V G-Ro W N /-/S-y'/ G4 vE VE8r4-L VIAR-nl/AJ(r WILL /SSU N/ 7-4 /r1 e Waenn1(7- L.S /OUST CbLy E y /-Z s--I/. / 2-5-V Nor Compc/E4 Will ea, Alae'i wr , Si /? NOTICE OF VIOLATION SENT ( ) DATE: I - l7- 9 ! DATE RECEIVED: / -19-- 91 NOTICE OF HEARING SENT ( ) DATE: 2- 6— / / DATE RECEIVED: 2--g-e1 / HEARING DATE SET: 3" 5-— / l HEARING RESULTS: VIOLATION EXISTS ( 'C ) VIOLATION DOES NOT EXIST ( DAYS GIVEN TO COMPLY: 5- FINE/DAY LEVIED: /BCD HEARING RESULTS SENT ( ) DATE: 3-6-9/ DATE RECEIVED: 3- S-91 DATE FINE WILL BEGIN: „ 3- 1 `f * c/ / COMPLIANCE DATE: ?-/2 Qoo ^ / TOTAL FINE: LIEN FILED ( ) DATE: / " ADDITIONAL COMMENTS: INITIAL COMPLAINT INVESTIGATION COMPLE cc: BUILDING OFFICIAL VILLAGE MANAGER WORST CASE Cycle ;oulianoo Scenarios J.rrl 9L4 87 82 1.nu „nw oei. v _ . .0 71 ,,1 0. �y, 55,s 59 V 5 54 ,. al ... I 13 ..ar 17 I fr 7 w Verbal NOV Ui i tt n NOU Reg, Hearing CEB Hearing CoNpliance OLD UAY vs, NEN NAY O ► wvi ..g.. NEN IA -+. ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 377 WHICH AMENDED ORDINANCE NO. 355, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE AT SECTION X, "SUPPLEMENTAL REGULATIONS", SECTION X (H) (2) AND SECTION X (H) (2) (C) (5) TO REQUIRE AUTOMATIC IRRIGATION FOR SINGLE FAMILY LOTS; AMENDING SECTION X (H) (14) PROVIDING FOR PROHIBITED LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE -REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. That Section X (H) (2) of Ordinance No. 377, an amendment to the Comprehensive Zoning Ordinance of the Village of Tequesta, Florida is hereby amended to read as follows: " (2) Application. Landscaping shall be provided in all zoning districts according to the following regulations. Single family lots are exempt from these provisions except for subsection (c) (5) herein." Section 2. That Section X (H) (2) (c) (5) of Ordinance No. 377, an amendment to the Comprehensive Zoning Ordinance of the Village of Tequesta, Florida is hereby amended to read as follows: "(5) . Irrigation. All landscaped areas and planting areas, including those areas on single family lots, shall be provided with sufficient automatic irrigation facilities which shall be maintained in working order at all times. Irrigation facilities shall be designed to meet the needs of the turf and other plants used. Irrigation facilities design shall consider the hydro- zones of the landscape. Irrigation facilities shall be designed so as to irrigate only designated landscapes, avoiding water placement on parking lots, sidewalks, streets and buildings." Section 3. That Section X (H) (14) of Ordinance No. 377, an amendment to the Comprehensive Zoning Ordinance of the Village of Tequesta, Florida is hereby amended to read as follows: "(14) Prohibited Landscaping. The following plant species shall not be planted in the Village of Tequesta: (a) Melaleuca ctuinquenervia (commonly known as Punk Tree Cajeput or paperbark) ; (b) Schinus terebinthifolius (commonly known as i- Brazilian pepper Florida holly) ; (c) Casuarina species (commonly known as Australian pine) ; (d) Acacia auriculiformis (commonly known as Earleaf acacia) ; / .; `" (e) Albizia lebbeck (commonly known as Woman's tongue) ; ft' tt4 / ' ;e (f) Ardisia solonacea (commonly known as h) Shoebutton ardisia) ; ,j r ,, . 1 (g) Colubrina asiatica (commonly known as Leather leaf) ; (h) Dioscorea bulbifera (commonly known as Air potato) ; (i) Fiscus altissima (commonly known as Lofty fig) ; (j) Fiscus bengalensis (commonly known as Banyan) ; (k) Hibiscus tiliaceus (commonly known as Mahoe) ; (1) Jasminum dichotomum (commonly known as Jasmine) ; (m) Lygodium microphyllum (commonly known as Small-leaved climbing fern) ; (n) Mimosa pigra (commonly known as Cat's claw) ; (o) Rhodomyrtus tomentosus (commonly known as Downy rose myrtle) ; Any parcel of land upon which a structure has been heretofore erected and which received a certificate of occupancy prior to the date upon which this Ordinance is adopted and contains the prohibited landscaping provided in (a) through (c) as indicated above shall have the prohibited landscaping removed and replaced with approved living landscaping pursuant to the provisions of this Ordinance within five (5) years of the date of enactment hereof. Any parcel of land upon which a structure has been heretofore erected and received a certificate of occupancy prior to the date upon which this amendment is adopted and contains the prohibited landscaping in subsections (d) through (o) as indicated above shall have the prohibited landscaping removed and replaced with approved landscaping pursuant to the provisions of this Ordinance within four (4) years of the date of enactment hereof. Section 4. 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 5. 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 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. 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 2 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk PAN\13153-01\PLANT.ORD