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HomeMy WebLinkAboutOrdinance_42_11/21/1961 ORDINANCE NO. 42 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, A MUNICIPAL CORPORATION IN THE STATE OF FLORIDA, PRO- VIDING FOR THE CLEARING AND CLEANING OF ALL BUSHES AND WEEDS, DEAD AND DYING TREES, STUMPS ROOTS OBNOXIOUS GROWTH, PALMETTO, FILTH, GARBAGE, TRASH OR DEBRIS FROM ALL IMPROVED OR UNIMPROVED PROPERTY, LYING WITHIN THE CORPORATE LIMITS OF THE VILLAGE, AND FURTHER PROVIDING FOR CUTTING, TOPPING OR TRIMMING OF TREES OF SUCH A HEIGHT THAT THEY CONSTITUTE A POTENTIAL HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE VILLAGE DURING PERIODS OF HIGH WANDS AND /OR HEAVY RAINS; PROVIDING THE MANNER IN WHICH SAID WORK SHALL BE CONDUCTED AND PROVIDING THAT THE VILLAGE SHALL 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. That it is hereby found and declared to be expedient to the preservation of the public welfare, health and beautification of the Village of Tequesta, Florida, that all im- proved and unimproved land within the Village be cleared and cleaned of all brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, palmetto, filth, garbage, trash and debris, and that all trees on all improved and unimproved land within the Village, which have grown to such a height so that they, in the opinion of the Council, constitute a potential hazard during periods of high winds andfor heavy rains, shall be cut, topped or trammed to the extent necessary to alleviate this dangerous condition. Section 2 . This Ordinance is promulgated in order that the public health, safety and welfare of the Village may be insured to each and every citizen of the Village of Tequesta, Florida. Section 3. That no owner of any lot, place or area within the Village, or the agent of such owner, shall permit on such lot, place or area, or upon any sidewalk abutting the same, any weeds, grass, or deleterious, unhealthful growth or other noxious matter that may be growing, lying or located thereon, (a) Notice to Destroy The Village Manager,i.s hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the Village, or the agent of such owner, to cut, destroy, and /or remove any such weeds, grass or deleterious, unhealthful growths or other noxious matter found growing, lying or located on such owner's property, or upon the sidewalk abutting same. Such notice shall be by registered mail, addressed to said owner, or agent of said owner, at his last known address. The same shall also apply toward the cutting, topping or trimming of trees of such a height that they constitute a potential hazard to the public health, safety and welfare, during periods of high winds and /or heavy rains. (b) Action upon Non - Compliance. Upon the failure, neglect or refusal of any owner or agent so notified to cut, destroy, and /or remove weeds, grass or deleterious, unhealthful growths, or other noxious matter, and all trees which have grown to such a height that they constitute a potential hazard during periods of high winds and /or heavy rains, growing, lying or located upon such owner's property, or upon the sidewalk abutting the same, within sixty (60) days after receipt of the written notice provided for in Sub- section (a) above, or within sixty (60) days after the date of such notice, in the event the same is returned by the Village Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent of such owner, the Village Manager is hereby authorized and empowered to pay for the cutting, destroying, and /or removal of such weeds, grass or deleterious, unhealthful growths or other noxious matter, or the topping or trimming of trees of such a height that they constitute a potential hazard to the public health, safety and welfare, or to order the removal by the Village. -2- (c) Charge Included in Tax Bill When the Village -has affected the removal of such obnoxious growth, or had paid for its removal the actual cost thereof, plus accrued interest at the rate of six percent (6 %) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Vibe and said charge shall be due and payable by said owner at the time of payment of such tax bill. (d) Record Statement Constitutes Lien Where the full amount due the Village is not paid by such owner within sixty (60) days after the cutting, destroying and/or removal of weeds, grass, or deleterious, unhealthful growth, or other noxious matter, and topping or trimming of trees, as set forth in Sub- sections (b) and (c) above, then, and in that case, the Village Manager shall cause to be recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, a sworn statement showing the cost and expense incurred for the work, and the date, place or property upon which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus cost of Court, if any, for collection, until final payment has been made, said cost and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of ten percent (10 %) in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have -3- been complied with and that the work has been properly and satisfactorily done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law. Section 4. This ordinance shall take effect immediately upon its passage and approval as provided by law. PASSED AND ADOPTED ON SECOND READING THIS 21st day of November, 1961. APP VED C ecil Cornelius, Mayor ---- Cecil Cornelius us ATS'T J P. Kuttz., Robert Harp, Village Clerk oertC. ai� Walter F. athrop VILLAGE COUNCIL -4-