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Home My WebLink AboutDocumentation_Regular_Tab 08B_12/02/1993 � � ;� % �_� �' � � VILLAGE OF TEQUESTA �l„ � �� Post Officc Box 3273 • 357 Tcqucs�a Dnvc �� 5. Tcyuclta, Floricia 334G9-0273 • (407) 575-6200 • � � Fax: (407) 575-b203 s o a� � ��h [OU~ � MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager /�� DATE: November 22, 1993 SUBJECT: Ordinance Providinq for Code Enforcement Enhancements; Aqenda Item As you may know, the Public Safety Committee has been reviewing ways and means to enhance code enforcement efforts of the Village. The attached Ordinance provides for three (3) important changes in code enforcement, as follows: 1) Grass, weeds or undergrowth may only reach a height of 10", as opposed to the previous 12" allowed by Code. 2) Property owners are now granted 10 days to remedy or abate violations of the Code. Previously, property owners were granted 15 days to abate. 3) Upon placement of a lien, the Village is now required to notify the mortgagee(s) of record. This is anticipated to cause property owners to satisfy liens and/or abate Code violations to avoid action by their mortgage holders. This Ordinance is to be reviewed by the Public Safety Committee at their meeting on December 1, 1993. The input of the Committee can be included with the Ordinance at your meeting on December 2. It is recommended that the Village Council adopt this Ordinance on first reading. TGB/krb Attachment ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 10 OF THS CODE OF ORDINANCES, HEALTH AND SANITATION, AT SECTION 10-18, SECTIONS {a) ,(b) AND (d) RELATING TO UNLAWFUL GROWTH; AMENDING SECTIONS 10-19 AND 10-20 RELATING TO PERIODS OF TIME WITHIN WHICH TO ABATE VIOLATIONS; PROVIDING AMENDMENTS SO AS TO PROVIDE NOTICE TO MORTGAGEES OF RECORD; PROVIDING FOR SEVERABILITY; PROVIDZNG 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, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: � Section 1. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-18, Unlawful Growth Enumerated, paragraph (a), to read � �'� , as follows: �,e, �''� ,� ��(a) It shall be unlawful f� the owner of any lot, �� parcel or tract of land with improvements constructed y� thereon within the village to permit grass, weeds, or �,, � underqrowth to grow thereon to a height of ten inches ;�- � or more from the ground." Section 2. Chapter 10 of the Code of Ordinances of the Village of Tec�:esta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-18, Unlawful Growth Enumerated, paragraph (b), to read as follows: ��(b) It shall be unlawful for the owner of any lot, parcel or tract of land whether with improvements and .,� construction thereon within the village to permit rubbish, trash, debris, dead trees or other unsanitary or unsiqhtly conditions to remain on the premises." �ection 3. Chapter 10 of the Code of Ordinances of the Villaye of Tequesta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-18, Unlawful Growth Enumerated, paragraph (d), to read as follows: ��(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_underqrowth to grow thereon to a height of ten inches �;: (_10'! ) or more� from the ground within one hundred (100 ) �� feet of the property line of any other parcel or property that has improved construction thereon." Section 4. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-19, Notice to owner to abate violation; service of notice, paragraph (1)(c), to read as follow�: p� _,., "(c) Require the owner o remedy abate the violation ten 10 da s or the date mailing the notice, or within ( ) Y if notice is provide y publication, such notice shall require the property owner to remedy or abate the violation within ten (10) days of such notice." Section 5. Chapter 10 of the Code of Ordinances of the Villaqe of Tequesta relating to Health and Sanitation is hereby amended at P.rticle II, Weeds, Undergrowth and Other Plant Life, Section 10-19, Notice to owner to abate violation; service of notice, paragraph (3), to read as follows: �'(3) If a hearing is requested by the owner within ten (10) days from the date of mailinq of notice of violation, or within ten (10) days eal the d notice i of is published, the owner may app violation before the code enforcement board at its next regularly scheduled meeting. If the code enforcement board determines that the violation does exist, the owner shall take corrective action required in the notice 2 within five (5) days of the hearing. If the property owner does not comply, the village shall have the right to enter the premises and take steps reasonably necessary to effect abatement without further notice to the owner, the cost of which action, plus administrative charges shall constitute a lien against the property." Section 6. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-19, Notice to owner to abate violation; service of notice, paragraph (4), to read as follows: ��(4) Zf no hearing is requested within ten (10) days from the date of mailing of notice of violation or within ten (10) days from the date notice is published and the owner has not commenced the corrective action required, the village shall have the right to enter upon the premises and take such steps reasonably necessary to affect abatement, the cost of which action, plus administrative charges shall constitute a lien against the property." Section 7. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-19, Notice to owner to abate violation; service of notice, paragraph (6), to read as follows: "(6) Upon completion of any work undertaken by the village to abate a violation of this article, the village clerk shall send a notice to such owner by certified mail, return receipt requested, statinq that due to the failure to comply with the code enforcement inspector's order, the village has caused the land to be cleared. The notice shall show the total amount assessed aqainst the property and state that the amount has been assessed against them and a lien against the property has been filed. The village shall also notify mortgagees of record on the prope ty as to the imposition of said lien." � � 3 ��rion . 8 . Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sanitation is hereby amended at Article II, Weeds, Undergrowth and Other Plant Life, Section 10-20, Abatement, to read as follows: "Sec. 10-20. Abatement. Upon failure of the owner of such lots, parcels or tracts of land to remedy the condition of such premises found to be in violation of the requirements of this article, within ten (10) days after being given notice as provided in section 10-19, then the manager shall have the candition remedied either by contract, or direct labor, or by a combination of both methodsQ __ �owever; the-�Q.st thereof chargeable-to the owner.shall no�-exceed the amount of cost estimated for such work in �-- ��e initial resolution. "- Section 9. 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 10. 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 11. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 12. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 4 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: �OR ADOPTION �GAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\UNDERGRO 5