HomeMy WebLinkAboutOrdinance_196_06/20/1972. •
ORDINANCE N0. 196
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An Ordinance repealing Ordinance No. 42
of the Village of Tequesta, Florida, and
providing for the clearing and cleaning
of all lots within the Village, whether
improved or unimproved, in order to pro-
tect the public health; and providing the
manner in which said work shall be conducted,
and providing that the Village may contract
for such work and charge the cost of same to
the property affected thereby.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. The Village Council finds and determines that the con-
tinuous growth of the Village requires the reasonable and effective con-
trol of the growth and accumulation of weeds, undergrowth, and other
plant life to prevent adverse affects on the economic welfare of ad-
jacent property and to protect the public health by preventing infes-
tation by rodents and other wild animals and the breeding of mosquitoes
and vermin.
SECTION 2. The existance of excessive accumulations or of un-
tended growth of weeds, undergrowth, or other dead or living plant
life, as defined in this Ordinance, upon any lot, tract or parcel of
land, improved or unimproved, within one hundred feet (100') of any
improved or unimproved property within the Village, to the extent and
in such manner that the lot, tract or parcel of land becomes or may
reasonably become infested with rodents, vermin, wild animals, or may
become a breeding place- for such, or in other way threatens the public
health, safety, and welfare, or which may reasonably cause disease or
adverse affects and impair the economic welfare of adjacent property
is hereby prohibited and declared to be a public nuisance.
SECTION 3. It shall be a violation of this Ordinance for the
owner of any lot, parcel or tract of land with improvements constructed
thereon within the Village limits to permit grass, weeds, or undergrowth
to grow thereon to a height of twelve inches (12") or more from the
ground or to permit rubbish, trash, debris, dead trees or unsightly
or unsanitary conditions to remain thereon or to permit the existanee
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.
It shall be a violation of this Ordinance for the owner of any
lot, parcel or tract of land whether with improvements and construction
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
feet (100') of the property line of any other parcel of property that
has improved construction thereon or to permit rubbish, trash, debris,
dead trees or other unsanitary or unsightly conditions to remain thereon.
SECTION 4.
The Village Council shall institute the procedure for
the enforcement of the requirements of this Ordinance and the removal
or remedying of conditions violative of the provisions hereof, by passage
of a resolution finding and determining that certain described properties
within the Village are in such condition as to be in violation of the
requirements set forth herein. One resolution may include any number
of separate lots, parcels or tracts of land. Such resolution shall set
forth the legal description. of such lots, parcels or tracts of land, and
the estimated cost of clearing such land or the removal or remedying the
condition thereof found to be violative of this Ordinance, and shall
direct the Village Manager to serve notice upon the owner thereof to
comply with the requirements of this Ordinance within fifteen (15)
days after the serving of such notice and to proceed to have the con-
ditions thereof remedied upon failure of the owner or owners to do so
within the aforesaid fifteen (15) days' period.
Such notice shall be given by registered mail, addressed to the
owners of the property described, as their names and addresses are
shown upon the records of the Village or County tax assessor, as the
case may be, and it shall be deemed complete and sufficient when so
addressed and deposited in the United States Mail with proper postage
prepaid. The notice shall be in substantially the following form:
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NAME OF OWNER
ADDRESS OF OWNER
Our records indicate you to be the owner (s) of the following
property in the Village of Tequesta: (describe property)
An inspection of this property discloses, and the Village Council
has found and determined, it to be in such condition as to be in vio-
lation of this Ordinance of the Village of Tequesta, Florida because
(here state why property is in violation, i, e. height of grass, under-
growth, etc.)
The Village's Ordinance provides that it is unlawful for you to
permit this condition to continue, and you are hereby notified that
unless this condition is remedied so as to make it non~`iolative of the
Ordinance within fifteen (15) days from the date hereof, the Village of
Tequesta will proceed to remedy such condition, and the cost of such
work will be imposed as a lien upon this property. Our estimate of the
probable cost is $
Very truly yours,
Village Manager
SECTION 5. Upon failure of the owner of such lots, parcels or
tracts of land to remedy the condition of such premises found to be
violative of the requirements of this Ordinance, within fifteen (15)
days after giving notice as provided in Section 4, then the Village
Manager shall have the condition remedied, either by contract, or
direct labor, or by a combination of both methods, provided, however,
the cost thereof chargeable to the owner shall not exceed the amount
of cost estimated for-such work in the initial resolution.
SECTION 6. Upon passage of the initial resolution determining
certain described lots, tracts or parcels of land to be in such con-
dition as to be in violation of the requirements of this Ordinance,
the Village 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 descriptions of the lots, tracts or parcels of land involved,
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the name of the owners thereof as shown on the records of the Village
Clerk, the number and date of the initial resolution, and the estimated
cost of remedying the conditions as described therein. Thereafter, as
the procedure required hereby is accomplished or takes place, there
shall be entered into such book the date of completion of the work, the
date of publication of completion of the work, the final cost of such
work, and such other information as may be required or convenient, or, the
fact that the owner of such premises has complied with the terms of this
Ordinance and resolution.
SECTION 7. As soon as practicable after completion of the work,
if such work be done by the Village, the Village Manager shall execute,
or cause to be executed, and file with the Village Clerk a statement
of costs and completion of work, which shall certify the completion of
work by the Village, the date of completion and the cost thereof. The
Village Clerk shall thereafter cause to be published in a newspaper of
general circulation in the Village of Tequesta, Florida, a notice giving
the description of the property, the amount of the cost of the work, the
date of completion of the work and the fact that the cost thereof is a
lien against the property. The above notice also shall be recorded in
the Public Records of Palm Beach County, Florida.
SECTION 8. The cost of clearing such lands or removing or reme-
dying the condition thereof, found to be violative of this Ordinance
shall be and become a lien against such lands and properties, to the
same extent and character as a lien for special assessments, as of the
date of completion of the work by the Village, provided, that any per-
son owning all or any interest in said property shall-have the right
at any time within thirty (30) days after publication of the notice of
completion of work aforesaid to present to the Village Clerk a sworn
petition stating his or her interest in the property and alleging that
in the opinion of the petitioner the cost of the work as entered in said
sanitary lien book exceeds the actual cost thereof or is otherwise erron-
eous. Such petition shall thereupon be presented to the Council for its
consideration at its next regular meeting, at which time and place the
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Council shall consider the same and make due inquiry into the questions
involved, and if it shall appear to the satisfaction of the Council that
the cost as entered is erroneous, then the Council shall by resolution
so declare and shall have the entry thereof in the sanitary lien book
corrected, and shall fix and confirm the amount to be charged against
such lot, parcel or tract of land as it shall find just and proper, and
the amount so fixed shall stand as the amount of the lien, effective as
of the date of completion of the work aforesaid, or the Council may con-
firm the lien in the amount originally entered' in the sanitary lien book.
In the event the amount of the lien is changed by the Village Council,
a corrected notice shall be filed in the Public Records of Palm Beach
County, Florida.
SECTION 9. The lien for the cost of clearing such lots, parcels
or tracts of land or removing or remedying the condition thereof found
to be violative of this Ordinance shall become due and payable thirty
(30) days after publication of the notice of completion of such work,
except in cases wherein a petition is filed within such period as afore-
said, and where upon consideration of such petition the Council has
changed and corrected the amount of lien as entered in the sanitary lien
book, and in such cases the lien shall become due and payable thirty
(30) days after such Council action. After the respective due dates
above fixed all unpaid liens shall become delinquent and shall there-
after bear interest at the rate of eight per cent (8°~) per annum until
sold the following year by the Village at a tax sale held pursuant to
Chapter 197 of the Florida Statutes, at which time and thereafter said
liens shall be subject to the same charges and penalties as provided by
law in the case of general Village taxes. All delinquent liens shall
be offered for sale at the annual tax sale of the Village next follow-
ing the date of delinquency. All liens shall be of the same extent and
character as special assessment liens, and with the same penalties and
the same rights of collection, foreclosure, sale and forfeiture as ob-
tained by special assessment liens in the Florida Statutes.
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SECTION 10. The lien for the cost of clearing any lot, parcel
or tract of land or of removing or remedying the conditions thereof
found to be violative of this Ordinance, if the same is in excess of
one hundred ($100.00) dollars, may be paid in two equal installments
due, respectively, on the first day of November following the due date
prescribed above, and on the first day of November of the year following,
provided that the owner or owners of said lot, parcel or tract of land
shall file with the Village Manager, on or before the due date, a
written undertaking waiving any and all irregularities or illegality
in connection with the imposing of such lien. Such deferred install-
ments shall bear interest at the rate of eight per cent (8%) per annum
from and after the due date of the lien, but any such lien or install-
ment thereof may be paid at any time when accompanied by the payment of
interest due upon the entire unpaid balance of the lien to date of pay-
ment. Failure to pay any such installment when the same shall become
due shall without notice or other proceeding cause the entire unpaid
balance of said lien to become due and payable forthwith, provided that
if .before said lien is sold at an annual tax sale the amount of such
delinquency and all interest upon the entire unpaid balance is paid,
then the further installment or installments shall again be due and
payable at the times set forth in said written undertaking.
SECTION 11. Any person violating this Ordinance shall be subject
to its lien provisions, but the Village also retains the right to bring
a civil suit to abate such conditions as a nuisance.
SECTION 12. That all ordinances or parts of ordinances, in con-
flirt be, and the same are hereby, repealed.
SECTION 13. That this Ordinance shall take effect upon its passage
and approval, as provided by law.
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PASSED AND ADOPTED ON ScJ ~ ~ , ~ - } READING, this %~,C~%f ~~ day
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of /.Ji`-~-~ A. D. , 1972.
,! ~:
Mayor
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Clerk
APP OVED:
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