HomeMy WebLinkAboutOrdinance_307_08/11/1982• ORDINANCE NO. 307 AN ORDINANCE OF THE VILLAGE OF TEnUESTA, FLORIDA, PROVIDING A PROHIBITION AGAINST DUMPIP~dG OF SAND, ROCKS, DEBRIS OR SPOIL ON ANY LOT OR PARCEL OF LAND WITHIN THE VILLAGE; PROVIDING AN EXCEPTION FOR DUMPIPIG OF BUILDING MATERIALS UPON LOTS OR PARCELS OF LAND UPON V~IHICH CONSTRUCTION IS TAKING PLACE; PROVIDING AN EXCEPTION FOR THE DUP'IPING OF SAID MATERIALS INTO ENCLOSED AREAS ON LOTS OR PARCELS OF LAND ~^THERE SAID r'lATERIALS ARC; STORED AS AN ACCESSORY USE TO THE BUSINESS CONDUCTED THEREON; PROVIDING FOR PENALTIES FOR VIOLATION OF THE TERMS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows; Section 1. It shall be unlawful for any person, firm, organization or agent or representative thereof to dump or cause to be dumped upon any lot or parcel of land within the Village any sand, rocks, debris or spoil except as otherwise provided herein. Section 2. The prohibition set forth in Section 1 hereof shall not apply to: A. The dumping of building materials or land fill for the specific use of construction or fill upon the lot onto which said materials are dumped. B. The dumping of materials, otherwise prohibited by the terms of said Ordinance, onto lots or parcels of land where said materials are to be used or stored as an accessory use to the primary business located on said parcel of land. Said materials, however, shall be enclosed on four sides by a reinforced concrete retaining wall constructed to a height equal to or in excess of the accumulation of the sand, rocks, debris or spoil maintained or located on said property. C. The dumping of materials where a permit for same is granted by the Village Council, upon application filed with the Village ^~anager, whre good cause is shown for the granting of the permit and where the granting of said permit will not be adverse to the public interest. Section 3. It shall be unlawful to cause to remain upon any lot or parcel of land within the Village, subject, however, to the exceptions set forth above, any sand, rocks, debris or spoil and it shall be the responsibility of the owner of the property upon which said materials are maintained in violation of the terms of this Ordinance to remove said materials from the property. Section 4. Violations of this Ordinance shall be prosecuted in the same manner as other misdemeanor violations. Each day that the storage and maintenance of the materials prohibi~ herein continues, in violation of Section 3 above, shall constitutE a separate violation. Section 5. In the event that any section, subsection, clause, sentence or provision is held invalid, the remainder of the Ordinance shall not be affected by such invalidity. Section 6. Permission to codify this Ordinance is hereby granted. Section 7. This Ordinance shall take effect upon passage and approval as provided by law. THE FOREGOING ORDINA?JCE was offered by Councilmember T.PP ~.^ Rr0`~T1 , who moved its adoption . The Ordinance was seconded by Councilmember Thomas J. Little and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAIDIST ADOPTION Lee Iii Brown h^.r;: - Lil + le ~ Carlton D. Stoddard T,r H. I~1a.~es„ Jr. The r4ayor thereupon declared the Ordinance duly passed and adopted this 11th day of !yugust 1981. ''MAYOR OF TEQUESTA ~~~~ h~ ATT~;ST : aqe ~1er