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Home My WebLink AboutDocumentation_Miscellaneous_Tab 04_12/01/1993 � . �� .� ORDINANCE N0. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 10 OF THE 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 VZOLATZONS; PROVZDING 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, IInlawful Growth Enumerated, paraqraph (a), to read as follows: "(a) It shall be unlawful for the owner of any lot, parcel or tract of land with improvements constructed thereon within the villaqe to permit grass, weeds, or underqrowth to qrow thereon to a height of ten inches (10") or more from the ground." Section 2. 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 (bj, to read as follows: "(bj It shall be unlawful for the owner of any lot, � � parcel or tract of land whether with improvements and construction thereon within the villaqe to permit rubbish, trash, debris, dead trees or other unsanftary or unsiqhtly conditions to remain on the premises.p �gction 3. Chapter 10 of the Code of Ordinances of the Village of Teguesta relatinq to Health and Sanitation is hereby amended at Article II, Weeds, Underqrowth and Other Plant LiPe, Section 10-18, Unlawful Growth Enumerated, paragraph (d), to read as follows: _ n(d) It shall be unlawful for the owner of any lot, parcel or tract of land whether there are improvementa and constructions thereon or not, to permit weeds, qrass or undergrowth to qrow thereon to a heiqht of ten inches (10") or more from the qround 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 relatinq 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, paraqraph (ij (c) , to read as , follow�: n(c) Require the owner��o remedy g�abat� the violation within ten (10) days �orm the date�mailinq the notice, or if notice is provided by publication, such notice shall require the property owner to remedy or abate tYie violation within ten (10j days of such notice." Section 5. Chapter 10 of the Code of Ordinances of the Villaqe of Tequesta relatinq to Health and Sanitation is hereby amended at P.rticle II, Weeds, IIndergrowth and Other Plant Life, Section 10 Notice to owner to abate violation; service of notice, paraqraph (3), to read as follows: "(3�) If a hearinq is requested by the owner within ten (10) days from the date of ma3linq of notice of violation, or within ten (10) days from the date notice is published, the owner may appeal the notice of violation before t�e code enforcement board at its next reqularly 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 riqht to enter the premises and take steps reasonably necessary to effect abatement without lurther notice to the owner, the cost of which action, plus administrative charqes shall constitute a lien against the property." Sect�on 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 or�mer 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 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 villaqe 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." �ection 7. Chapter 10 of the Code of Ordinances of the Village of Tequesta relatinq to Health and Sanitation is hereby amended at Article II, Weeds, Underqrowth and Other Plant Life, Section 10-19, Notice to owner to abate violation; service of notice, paraqraph•(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, statinq that due to the � failure to comply with the code enforcement inspector�s orde=, the village has caused the land to be cleared. The notice shall show the total an►ount 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 �shall also notify mortgaqees of record on the property as to the imposition of said lien." " • � ;�,�-.Ic. 3 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, Underqrowth and Other Plant Life, Section 10-20, Abatement, to read as follows: • °9ec. 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� P'?4a�ed.- �wever, the -.cast thereof chargeable -to the owr�er shall no��'xceed the amount of cost estimated for such work i�n� ��--�- ��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 qiven 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 ii. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Villaqe of Tequesta. - Section 12. Effective Date. This Ordinance shall take effect immediately upon its passaqe and approval, as provided by . law. 4 � A � THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by.Councilmember � and upon beinq put to a vote, the vote was as follows: �'OR ADOPTIOAt AGAI�JST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1993. MAYOR OF TEQUESTA Ron T. Macka 1 ATTEST: V llaqe Clerk .� JCR�13153DRD\lA1DEAGRO 5