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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. 01 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. 2 (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. 3 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 4 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. 5 (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. I 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 7