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HomeMy WebLinkAboutDocumentation_Regular_Tab 11E_7/25/1996 Memorandum To: . Village Council From: Thomas G. Bradford, Village Manager Date: July 18, 1996 Subject: Appointments to the Code Enforcement Task Force; Agenda Item As you know, at the June 13th Village Council Meeting, the Village Council created the Code Enforcement Review Task Force consisting of nine members, seven of whom would be the former Code Enforcement Board members, and two additional members appointed by the Village Council. A copy of Resolution No. 26-95/96 is attached for your review. Upon Council appointment of the additional two members, the Code Enforcement Officer, Chief of Police and Building Official can begin their staff liaison work with the Task Force. TGB/cm attachment • RESOLUTION NO. 26 - 95/96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING THE TEQUESTA CODE ENFORCEMENT REVIEW TASK FORCE. II WHEREAS, Village Council has determined that it is necessary to investigate the need to enhance the minimum property standards of the Village of Tequesta; and WHEREAS, a body of knowledgeable and interested citizens currently exists to review existing and proposed Ordinances pertaining to minimum property standards within the Village of Tequesta, namely, the former members of the Code i Enforcement Board which has been replaced with the Special Master Code Enforcement Program; and • i! WHEREAS, the Village Council has determined that it is in i the best interest of the Village to create the Tequesta Code Enforcement Review Task Force, consisting of such persons . ! NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. There is hereby created within the Village of Tequesta a Tequesta Code Enforcement Review Task Force, Id consisting nine (9 ) members : seven (7 ) previous members of the Tequesta Code Enforcement Board and two (2 ) additional `! members, appointed by the Village Council . This Task Force shall expire on December 31 , 1996 . Section 2 . The powers and duties of the Task Force shall be advisory to the Village Council and no right . or claim in favor of any person or party to any proceeding shall accrue ,! by reason of any action by the Task Force. Section 3. The Task Force shall review and make recommendations to the Village Council regarding the j adequacy of its current Ordinances relating to minimum property standards within the Village of Tequesta which ! shall consist of Chapter 10 of the Tequesta Code of it Ordinances and a review of the draft Ordinance entitled ;I "Minimum Property Standards" , attached hereto as Exhibit "A" , for the purpose of reviewing and making recommendations to the Village Council regarding ways and means for I improving property standards within the Village, if such is recommended by the Task Force. ' Section 4. The Task Force shall elect a Chair and a Vice- !I Chair from among its members . The Task Force 'shall meet at ;I regular intervals to be determined by it and at such other times as the Chair or Task Force may determine. The Task jI Force shall keep a properly indexed record of its actions and resolutions. I Section S. The Task Force shall prepare at least one (1) report to the Village Council for the purpose of making the necessary recommendations referenced herein. Section 6. The Code Enforcement Officer, the Clerk of the Board of the former Code Enforcement Board and the Building Official shall be the staff liaison to work with the Task Force. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail, who moved its adoption. The motion was seconded by Councilmember Capretta, and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION Carl C. Hansen Michael R. Meder Elizabeth A. Schauer Joseph N. Capretta Ron T. Mackail The Mayor thereupon declared the Resolution duly passed and I, adopted this 13th day of June, A.D. , 1996. MAYOR OF TEQUESTA • � !M Ron T. Mackail . ATTEST: 2-r4;7;ia-ngan. to !I Village Clerk iI I � ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE II, BUILDINGS, BY PROVIDING THAT ALL EXISTING SECTIONS OF THIS ARTICLE BE INCLUDED UNDER DIVISION 1 TO BE ENTITLED "STANDARD BUILDING CODE;" PROVIDING FOR AN ENTIRELY NEW DIVISION 2 WHICH SHALL BE ENTITLED "MINIMUM PROPERTY STANDARDS" WHICH SHALL INCLUDE DEFINITIONS, MAINTENANCE AND APPEARANCE STANDARDS FOR ALL STRUCTURES, REPAIRS, CURBSIDE PLACEMENT OF REFUSE AND/OR RECYCLING CONTAINERS, RESPONSIBILITIES OF OWNERS AND OPERATORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Tequesta desires to establish uniform minimum standards for occupancies and maintenance of dwelling units as well as other structures within the Village corporate limits in order to eliminate blighting influences; and WHEREAS, the Village Council believes that the adoption of minimum standards will assist in preserving the quality of life. within the Village and will be in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, that: SECTION 1. Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II, Buildings, by including the existing section under the heading "Division 1" which shall be entitled "Standard Building Code". SECT/ON 2. Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II, Buildings, by the adoption of an entirely new Division 2 which shall be entitled "Minimum Property Standards" and which shall read as follows: "Division 2. MINIMUM PROPERTY STANDARDS Sec. 6-30. Purpose and Scope. The purpose of .this code is to establish uniform minimum standards for the occupancy and maintenance of dwellings and other structures located in the Village of Tequesta. The objective of these codes is to improve, preserve and maintain the buildings and structures of the Village and to eliminate blighting influences wherever possible. Every building or structure in the Village that is subject to the provisions of this code shall conform to the requirements of this code regardless of when the building or structure may have been constructed, altered or repaired. This code does not replace or modify standards of other codes or ordinances regulating the construction, replacement or repair of buildings or unsafe structures, but shall operate in conjunction with the Standard Building Codes and all other technical codes as adopted by ordinance. Sec. 6-31. Definitions. The following definitions shall apply in the interpretations and enforcement of this Division: 1. Accessory Structure - see definition as set forth in Appendix A, Section IV, of the Code of Ordinances. 2. Building - see definition as set forth in Appendix A, Section IV, of the Code of Ordinances. 3. Blighting influence - any physical condition of property maintenance which directly or indirectly causes a reduction in the value of surrounding properties. 4. Deficiency - a condition of deterioration that is not in violation of this code; however, such condition can be expected to become a violation within a short period of time. • 5. Deterioration - the condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance. 6. Dilapidated - a condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition. 7. Dwelling - any building which is wholly or partially used or intended to be used for living, sleeping, cooking, eating, and sanitation, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling. 8. Dwelling unit - see definition as set forth in Appendix A, Section IV, of the Code of Ordinances. 9. Good state of repair - structure which is safe and habitable for its ordinary and intended use; the materials used therein or any fixture related thereto must be sound, stable and performing the function for which intended. 10. Infestation - the presence of insects, rodents, vermin or other pests. 11. Occupant - any person living, sleeping, cooking, eating in or having actual possession of a dwelling, dwelling unit, hotel unit, rooming unit. 12 . Operator - any person who has charge, care or control of a building or structure, or part thereof, which is subject to this code. 13. Owner - any person who alone or jointly has legal title to any building or structure, or part thereof, which is subject to this code. 14. Person - any individual, firm, corporation, association, partnership, or other legal entity. 15. Plumbing - includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal unit, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machine, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines and water pipes 3 and line utilized in conjunction with air-conditioning equipment. 16. Structure - a combination of materials, whether fixed or portable, forming a construction, including but not limited to, all buildings, dwellings, pools, fences, and enclosures. Sec. 6-32. Maintenance and appearance standards for All structures. A. The owner and operator of all real properties within the Village shall maintain the exterior of the premises in such a manner to conform with all Village codes and ordinances, to avoid blighting influences on neighboring properties, and to avoid the creation of hazards to public health, safety and welfare. Properties shall be maintained in accordance with the following standards: 1. The exterior of all premises and every structure, driveway and all paved surfaces thereon, including all parts of the structure and appurtenances where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks. All screened enclosures shall be properly fitted and, maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick or stucco, excessive peeling paint or other conditions reflective ' of deterioration or inadequate maintenance. 2. All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected for purposes of preservation and appearance. Painted surfaces shall be maintained free of graffiti , void of any evidence of deterioration and with uniform and consistent colors, representative of and harmonious with colors and patterns established within the Village, prohibiting but not limited to polka dots, stripes and florescent colors. B. Property failing to meet the standards in Paragraph A will be considered "deficient. " A blighting influence on the surrounding neighborhood in violation of this code exists when a deficiency or combination of deficiencies represents more than twenty five percent (25%) of the area of any wall, roof, driveway or paved surface as viewed from any single vantage point off the property. 4 Sec. 6-33. Repairs. Repairs shall be made so as to comply with provisions of the building code and all other applicable regulations, laws and/or codes. Repairs shall be made in a timely fashion and in a workmanlike manner. All repairs shall be made with materials consistent with the material of the existing structure or surface. Repairs to painted structures or surfaces shall be made with matching colors. Sec. 6-34 . Curbside Placement of Refuse and/or Recycling Containers. Refuse placed for collection by a property' owner, occupant or agent shall be in compliance with the regulations hereinafter set forth: 1. Containers may be placed out at curbside in the public right-of-way adjacent to the property from which it came, not more than one (1) day prior to the scheduled day of collection. 2 . Containers must be stored from public view by midnight on the scheduled day of collection. 3 . Refuse and/or containers placed for collection shall not obstruct the sidewalk or create an unsafe condition as determined by the chief of police. Sec. 6-35. Responsibilities of Owners and Operators. The owner of a structure shall be responsible for maintaining the minimum standards required by this chapter. Specifically, the owner and or operator is responsible: 1. For keeping all parts of the premises under his control in a clean and safe condition, and preventing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the owner/operator from performing any duty required by this chapter. 2 . For eliminating infestation of pests in and on the premises subject to his control. 3 . For maintaining all plumbing fixtures in a clean and sanitary condition and preventing the deposit of any material in any fixture, sever or drainage structure or system which would result in 5 stoppage of or damage to the fixture, sewer system, drainage system and/or the environment.' SECTION 3. Each and every other provision of Chapter 6, Buildings and Building Regulations, of the Cods of Ordinances of the Village of Tequesta shall remain in full force and effect as previously enacted. 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: 6 FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1996. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: • Village Clerk JCA\13153ORD\MIN:MWI.ORD 7