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Home My WebLink AboutDocumentation_Regular_Tab 08B_01/13/1994 � i ' " , r .� �' � VILLAGE OF TEQUESTA � � � ��, � Post Officc Box 3273 • 357 Tcqucsta Dnvc � l '.. Tcyucsta, Florida 334b9-0273 •(407) 575-6200 , / � � ' � � Fa�c: (407) 575-6203 ' o ` �� ,C M fOV � �O�V TO: Village Council r"� FROM: Thomas G. Bradford, Village Manager r f�2� 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 two (2) important changes in code enforcement, as follows: 1) Property owners are now granted 10 days to remedy or abate violations of the Code. Previously, property owners were granted 15 days to abate. 2� 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. Final Reading will be January 13, 1994. TGB/krb Attachment u:� Prra�• JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTOfiNEVB ANO COU!lSELORB FLAULER CENTER TOWEii • 60b SOUTH FIAOLER Oi�YE ELEVENTH FLOOt1 P. O. BOX S4/6 NENRY f. ULIENTMAL LAa11' 6. AIEXAMOEN JOHN 6lMR MoCAACKEN t�Ot•1NT ftE1►�EM J. AUC/W► lCOTT l. NcMULIEN WEST PAtJrI BEACN� FLOF�OA S340Q�-J�7S M � �� TMCEY 01AOIOTTI JONN C. NANOOL�M �407� �Y•.�IOOO iN6�1M7 JOl'CE A. COMWAY �pEW pOBe FAX: (�7�a.�'I�6I MAwOA17ET L�ER 1TE�EN J pOTHMAN R. SNUCE.l0�1E� EDWAHQpAZ r �� 11G•7N� NE9ECCA0 OOANE PfTEAAlACM ►AULC. WOIfE CNR1STpOMEN f OUKf 0. CUIVEA �ITM ID /Z YCOTT O HAWKINI MONEY A. �TUBEB. JN. c.(T ,ao•,s�� t�10��NTOM M HEMRY ALIEN N. TpAUN90N ,, , �� pNN• TPoYVER y�/qITER'SDIRECTUNE: - �WWE �i� �� MARK E KL.E��ElO MICNAEL 0 WALSM W�LU/W A IOeTEN �M�CHAEL T KAANZ „. AOAMB WEAYER !_� 1}QU�� " Of CWNlEL lJ ~ •�•� L. MAFTIH FUWAOAN DEC 07iG03�� ', vlllA�.�c 3 December 3, 1993 � �a�� ' `'S ,� (�tr iCE „'� ��,'�\ ��4 Mr. Thomas G. Bradford Villaqe Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Villaqe of Tequesta Ordinance Regarding Chapter 10 Code of Ordinances Our File No. 13153.1 Dear Tom: Enclosed is the amendment to Chapter 10 of the Code of Ordinances which has been revised in accordance with the direction of the Village Council at its meeting of December 2, 1993 I call your attention to the fact that by allowing the property to comply within ten days of receipt of the notice may cause a problem in the event notices are mailed but not received. The Village will then find itself in the position of havinq to publish and wait an additional ten days from the date of publication in order to do the work. The chanqe made by the Council is a change from the ordinance as it currently exists which allows the violation to be abated within fifteen days from the date of mailing the notice. � The only reason I mention this is because I felt that the intent of the Council was to shorten the time to require abatement of a problem. Effectively, this change may indeed lengthen the time. Sincere n . Randolph JCR/ssm Enclosure ORDZNANCS NO. �� AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, A1�SENDING CHAPTER 10 OF THE CODE OF ORDINANCES, HEALTH AND � A AND T (d) �RELATING 10-18, SECTIONS (a), ( ) UNLAWFUL GROWTH; AMENDING SECTIONS 10-19 AND 10-20 RELATING TO PERIODS OF TIME WZTHIN WHICH TO ABATE VIOLATIONS; PROVIDING AMENDMENTS SO AS TO PROVIDE NOTICE TO MORTGAGEES OF RECORD; PROVIDING FOR SEVERABILITY; PROVIDING 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: "(a) It shall be unlawful for the owner of any lot, parcel or tract of land with or without improvements constructed thereon within the village to permit grass, weeds, or undergrowth to grow thereon to a height of twelve inches (12"j or more from the ground." Section 2. Chapter 10 of the Code of Ordinances of the Village of Tequesta relating to Health and Sariitation 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 or without improvements constructed thereon within the village to permit rubbish, trash, debris, dead trees or other unsanitary or unsightly conditions to remain on the premises." sPCtion 3. 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, by rescinding paragraph (d) in its entirety. 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 follows: "(c) Require the owner to remedy or abate the violation within ten (10) days from the date of receipt of a notice mailed by registered mail, or if notice is provided by 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 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 (3), to read as follows: "(3) If a hearing is requested by the owner within ten (10) days from the date of receipt of the notice of violation, or within ten (10) days from the date notice is published, the owner may appeal the notice of 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 within f ive (5) days of the hearing. If the property owner does not comply, the village shall have the right to enter the premises and take such 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." 2 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) If no hearing is requested within ten (10) days from the date of receipt of the 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 villaqe clerk shall send a notice to such owner by certified mail, return receipt requested, stating 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 against the property and state that the amount has been assessed against them and a lien against the property has been filed. The village clerk shall also notify mortgagees of record on the property as to the imposition of said lien." Section 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 30-20, Abatement, to read as follows: � 3 "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 condition remedied either by contract, or direct labor, or by a combination of both methods." 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 Ordinanee 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. 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: 4 . � x FOR ADOPTION AGAINST ADOPTZON 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