HomeMy Public PortalAboutORD 04/04ORDINANCE NO. o4/4
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 22, OF THE CODE OF
ORDINANCES, NUISANCES, AT ARTICLE I TO INCLUDE
A NEW SECTION 22 -3 RELATING TO OBSTACLES TO
TRAFFIC AND PARKING; RESCINDING ARTICLE II,
RELATING TO DEBRIS, RUBBISH, WEEDS AND WILD
GROWTH IN ITS ENTIRETY AND PROVIDING FOR A
NEW ARTICLE II RELATING TO UNSIGHTLY, UNSAFE
OR UNSANITARY CONDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 22, Nuisances, Article I, In General, to include a new Section 22 -3,
to read as follows:
"Sec. 22 -3. Obstacles to traffic and parking
(a) It shall be unlawful for any person to place and /or maintain
any obstructions within the public right -of -way of the Town without first
being given authority in writing by the Town to place said obstructions.
Obstructions shall include, but shall not be limited to, hedges, trees, walls,
fences, traffic triangles, or other obstacles intended to impede traffic or
parking or structures of any kind not previously approved in writing by the
Town.
(b) Any obstacles placed in the Town right -of -way in violation of
this section may be immediately and summarily removed by the Town and
shall be removed at the expense of the property owner.
(c) Any person found to be in violation of this section shall be
subject to the general penalty section of this code or, alternatively, shall be
subject to the jurisdiction of the Town's code enforcement process."
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 22, Nuisances, by deleting Article II, Debris, Rubbish, Weeds and
Wild Growth, Sections 22 -31 through 22 -34 inclusive, in its entirety, and substituting
therefore the following new Article II entitled Unsightly, Unsafe or Unsanitary Conditions
to read as follows.
"ARTICLE ll. UNSIGHTLY, UNSAFE OR
UNSANITARY CONDITIONS
Sec. 22-31. Prohibited.
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It shall be unlawful and shall constitute a nuisance for any owner of
land within the Town to have or permit thereon any:
(1) Conditions in violation of any of the provisions in this
chapter.
(2) Rank vegetational growth that exudes unpleasant or noxious
odors, high or rank vegetational growth that may conceal
pools of water, trash or filth, or any other de- posits that may
be detrimental to health.
(3) Brush, weeds or grass that shall be greater than eight inches
in height above the ground.
(4) Dead or dying trees, grass, shrubs, stumps, roots or
obnoxious growth.
(5) Sand, soil or other fill material used in connection with or
resulting from construction projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or structures, ruins of any
kind or buildings, docks, walls or other structures in a failing
or dangerous condition.
(8) Any condition which provides harborage for rats, mice,
snakes, or other vermin.
(9) Any building or other structure which is in such a dilapidated
condition that is unfit for human habitation, or kept in such an
unsanitary condition that it is a menace to the health of
people residing in the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in the vicinity where it is
located.
(10) All unnecessary or unauthorized noises and annoying
vibrations, including animal noises.
(11) All disagreeable or obnoxious odors and stenches, as well
as the conditions, sub - stances, or other causes which give
rise to the emission or generation of such odors and
stenches.
(12) The carcasses of animals or fowl not disposed of within a
reasonable time after death.
(13) The pollution of any public well or cistern, stream, lake,
canal, or body of water by sewage, dead animals,
commercial wastes, or other substances.
(14) Any building, structure, or other place or location where any
activity which is in violation of local, state, or federal law is
conducted, performed or maintained.
(15) Any accumulation of stagnant water permitted or maintained
on any lot or piece of ground.
(16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or
cinders, in unreasonable quantities.
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(17) Any condition constituting a fire hazard.
(18) Any worn -out, scrapped, partially dismantled, nonoperative,
unusable, or discarded materials or objects, such as
automobiles or parts thereof, building materials, machinery,
metal, wastepaper, rags, glass -ware, tinware, vehicles,
boats or parts thereof, or other items of junk. Failure of any
vehicle, or parts thereof, to have a valid license plate or
other registration certificate specifically attached to the
vehicle or part thereof, shall be prima facie evidence that
such property is worn out, scrapped, nonoperative, unusable
or discarded.
(19) Failure of any person who has cleared land pursuant to a
land clearing permit to resod, replant or periodically sprinkle
the cleared area to prevent creation of wind -blown dust or
dirt.
(20) A seawall or bulkhead which falls into a state of disrepair or
ruin so as to allow erosion to land adjacent thereto.
Sec. 22 -32. Foundations, structural members and exterior surfaces.
Foundations and structural members located upon any lot, parcel of
land or premises in the Town shall provide a safe, firm and substantial
base and support for the structure, and shall meet the following conditions,
in addition to those set forth by the Town's building code.
(1) No floor, ceiling, roof, beam or essential horizontal
component of a building shall sag in excess of 31/2 percent
of its span.
(2) Exterior walls shall be reasonably free of cracks or holes
through which weather elements can enter the building or
structure, and all exterior surfacing material shall be kept
painted and in good repair.
(3) Interior walls and ceilings shall be structurally sound.
(4) All windows and doors to the outside shall be constructed
and maintained in such a condition as to exclude weather
elements or insects entering.
(5) The roof shall be constructed and maintained so as not to
leak. Roofs shall be kept clean and painted.
(6) Every inside and outside stair, every porch and
appurtenance thereto shall be constructed so as to be safe
to use and capable of supporting the load that normal use
may cause to be placed thereon, and in conformance with
the building code, and shall be kept in sound condition and
good repair.
(7) Accessory buildings and other appurtenances such as
swimming pools, tennis courts, walls, gates and fences
situated on the premises shall be kept in a safe and good
state of repair.
Sec. 22 -33. Notice to abate; content.
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Whenever it is made to appear to the Town Manager, or the Town's
designee, after investigation that a nuisance exists within the Town
pursuant to the provisions of this chapter, the Town Manager or the Town
Manager's designee shall forthwith prepare an estimate of the total cost of
removing, suppressing or abating the nuisance and cause to be served
upon the person owning, occupying or having the care or custody of any
lot or parcel of land upon or in connection with such nuisance a written
notice to remove, suppress or abate the nuisance.
The notice shall:
(1) Describe the prohibited act, occurrence or condition, in
sufficient detail to plainly identify same.
(2) State the legal description of the property on which the same
exists or is maintained.
(3) State the estimated total cost which will in the opinion of the
Town Manager cover the total cost of removing, suppressing
or abating same.
(4) The proportion of such cost proposed to be borne by the
Town, if any.
(5) The proportion of such estimated amount which shall be
borne by the owner or occupant of the premises involved.
(6) State that unless such prohibited act, occurrence or
condition has been effectively removed, suppressed or
abated on or before the time stated in the notice, to be not
less than 15 days after service of the notice, the Town will
remove, suppress or abate the same and assess the cost of
so doing, or such proportion thereof as it may deem
equitable and just, against the owner or occupant of the
premises involved, provided such assessment shall in no
event exceed the proportion of the estimated amount set
forth in the aforementioned notice to be borne by the owner
or occupant of the premises involved;
(7) That such notice shall be served upon the owner, occupant
or person having the care or custody of the particular
property involved, if he or she be found upon the premises or
within the Town. In the event the owner, occupant or
custodian cannot be found within the Town after reasonable
and diligent inquiry, such notice shall be posted in a
conspicuous place upon the premises and a copy thereof
mailed by certified mail, return receipt requested, and by
regular mail, to the last known address of such owner,
occupant or person having the care or custody of the land
involved.
Sec. 22-34. Hearing.
Any person owning or occupying the property removed or otherwise
interested, who objects to the proposed removal, suppression or
abatement or levy of a special assessment under this subchapter, must
present in writing to the Town Manager, his or her objections, within ten
days of the mailing or posting of the notice and must request a hearing
before the Town commission, or the person shall have deemed to have
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consented thereto. The hearing shall be on the first regularly scheduled
meeting following the request for the hearing. After the hearing, the Town
commission, in the exercise of its discretion, may approve, revise, modify
or abandon the proposed action.
Sec. 22 -35. Abatement by Town.
If at the time specified in the notice as provided in section 42 -91,
the nuisance has not been removed, suppressed or abated, or in the
event a hearing is held by the Town Commission and the notice is upheld
in whole or in part, the Town Manager shall cause to be removed,
suppressed or abated the nuisance referred to in the notice according to
the terms set forth in the notice or, in the event of a hearing, in the manner
approved by the Town Commission.
Sec. 22 -36. Levy of special assessment lien against property.
(a) The Town Manager shall, as soon as practicable and within 30
days after the completion of work as authorized in this subchapter,
ascertain and determine the actual cost thereof and the respective
portions to be borne by the Town if any, and the owners or occupants of
the property involved and, thereupon shall notify the owner or occupant, in
writing, of the amount required to be borne by the owner or occupant. In
the event said amount is not paid to the Town within thirty days of the date
of said notice in writing, the Town Commission, by resolution, fix, levy and
impose a special assessment against the property involved in an amount
not exceeding either the actual cost of the work, or the estimated special
assessment stated in the notice.
(b) The resolution shall specify the following:
(1) Description of the work performed.
(2) Date of completion.
(3) Total cost.
(4) The proportion of such cost to be financed and defrayed by
special assessment.
(5) The unit or basis for distributing the amount to be specially
assessed among the several parcels of property where more
than one parcel is liable for assessment.
(6) The fact that a lien has been assessed by the Town with a
complete schedule or breakdown of the specific amount of
special assessment levied and imposed against and upon
each respective particular parcel of property involved,
showing in detail the description of the property, name of
owner and amount of assessment as severally and
respectively levied and imposed.
(7) That such liens shall bear interest at a rate of eight percent
per annum compounded unless paid within 30 days after
publication of such resolution.
(8) That the Town clerk shall forthwith have prepared and filed
of record, the amount of such lien assessed against each
parcel of property, the date of completion of such work and
such other information as may be deemed appropriate.
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(9) That the Town clerk shall cause the resolution to be
published by posting, or publication in a newspaper, as
required by law.
(10) That the Town shall have, assert and possess a lien,
superior to all other claims, except taxes, against and upon
the property as therein described for the respective amounts
of such special assessments as indicated above, together
with interest and costs of collection.
(11) Commanding the Town Manager to enforce collection thereof.
Sec. 22 -37. Civil actions.
In addition to the other remedies and charges provided in this
article, the Town attorney is authorized to file appropriate civil actions for a
temporary restraining order, temporary injunction, permanent injunction, or
for damages, against any person violating this article.
Sec. 22 -38. Emergency action.
Nothing in this article shall be construed to limit the Town's
authority to immediately abate any nuisance existing on public or private
property should an emergency exist.
Sec. 22-39. Penalty.
In addition to the penalties prescribed herein, the violation of this
article may, upon conviction, be punished pursuant to Section 1 -15 of the
Town's Code of Ordinances. Additionally, a violation of any of the
provisions of this article may be referred to code enforcement which has
jurisdiction pursuant to Chapter 2, Article II, Section 2 -68."
Section 3. 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 4. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 5. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 6. Effective Date.
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This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this
17.1. day of September , 2004, and for a second and final reading on this 8th
day of October , 2004
ATTEST:
Clerk
WJCR113147- 0110rd Chapter 22 Art I $ II.DOC
Commissioner
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