HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 7_8/30/1991 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; CREATING SECTION 10-26 OF THE
CODE OF ORDINANCES TO PROHIBIT OVERHANGING
LIMBS OR BRANCHES; CREATING SECTION 10-27 OF
THE CODE OF ORDINANCES TO PROHIBIT VEGETATION
FROM GROWING UPON AND IMPEDING PUBLIC RIGHTS
OF WAY, PERMITTING THE VILLAGE TO REMOVE SUCH
IMPEDIMENTS AND PROVIDING FOR THE PLACEMENT OF
LIENS; CREATING SECTION 10-28 TO REQUIRE
CLEARANCE ABOVE SIDEWALKS, BIKE TRAILS AND
ROADWAYS; CREATING SECTION 10-29 TO REGULATE
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 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
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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 unsitely conditions to
remain on the premises.
Section 2, That Section 10-26 of the Village of Tequesta
Code of Ordinances is hereby created to read as follows:
Sec. 10-26. Duties to trim coconut trees; trimming by
Village.
In order to protect life and property during periods
of high winds and hurricanes and to protect pedestrians and
vehicular traffic where coconut trees overhang 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.
Section 3. That Section 10-27 of the Village of Tequesta
Code of Ordinances is hereby created to read as follows:
Sec. 10-27. Limbs, Branches 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 4. That Section 10-28 of the Village of Tequesta
Code of Ordinances is hereby created to read as follows:
Sec. 10-28. Clearance above sidewalks, bike trails,
roadways.
(a) A clearance of eight feet (8' ) measured
from the edges, and extending the full width
of all sidewalks and bike trails shall be
maintained by the department of 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.
Section 5. That Section 10-29 of the Village of Tequesta
Code of Ordinances is hereby created 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.
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(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:
(1) All composting materials shall be kept
in a compost bin located on the property
which shall not exceed four feet (4 ' ) in
height 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 be 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 6. 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 7. 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 8. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 9. 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
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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\COMPOST.ORD
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