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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 6_8/30/1991 ORDINANCE NO. 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 SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION, PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: Section 1. That Section 10-19, Chapter 10 of the Code of Ordinances, Village of Tequesta, Florida is hereby amended to read as follows: Sec. 10-19. Notice to Owner to Abate Violation; Service of Notice. (1) Upon the failure of an owner or tenant to comply with the provisions of this article, the Village shall give one (1) written notice by certified mail, return receipt requested, to the record owner of such property at the address indicated in the records of the Palm Beach County Property Appraiser's Office, that a violation exists which is in violation of this article. The service of such notice shall be deemed complete upon mailing and shall be deemed sufficient notice of the violation. (2) The notice shall: (a) advise the owner of the existence and nature of the violation; (b) specify what corrective action must be taken; (c) require the owner to remedy or abate the violation within fifteen (15) days from the date of mailing the 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 effect abatement, the cost of which action, plus administrative charges, shall constitute a lien against the property; (e) advise the owner of a right to request a hearing as provided in this Code of 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 effect abatement the cost of which, plus administrative charges, will be a lien against the property; (g) advise the owner that upon reoccurrence the violation may be referred to the code enforcement board and fines may be levied. 4 (3) If a hearing is requested by the owner within fifteen (15) days from the date of mailing of notice of violation, 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 action 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 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) If the notice of violation is returned unclaimed or the return receipt is not received by the code enforcement officer within fifteen (15) days of the mailing, a copy of the notice shall be posted in plain view upon the property; if the violation is not abated within five (5) days of posting, the Village shall have the right to enter upon the premises and take steps reasonably necessary to affect abatement, the cost of which action, plus administrative charges shall constitute a lien against the property. (6) 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. (7) 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. (8) Nothing in this article shall preclude the Village from pursuing any other remedy permitted by law to enforce the provisions of this chapter. Section 2. Section 10-21, Chapter 10 of the Tequesta Code of Ordinances is hereby amended to read as follows: Sec. 10-21. Sanitary Lien Book. "Upon providing notice of violation,.to the owner of the property in violation of the reuirements of this article, the clerk shall enter into 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 2 4 fact 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. Section 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 PAM\13153-01\Weed.Ord 3