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Home My Public Portal About2020-03 Amending Chapter 5 Property Maintenance Standards relating to Solid Waste, Recycling and Civil ViolationsORDINANCE NO. 2O2O.O3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 5, "PROPERTY MAINTENANCE STANDARDS" OF THE VILLAGE CODE OF' ORDINANCES RELATING TO SOLID WASTE, RECYCLING, AND CIVI VIOLATIONS; PROVIDING F'OR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 14, 2013, the Village of Key Biscayne (the "Village") Council adopted Ordinance No. 2013-3, creating Chapter 5, "Property Maintenance Standards" of the Code of Ordinances (the "Code") in order to protect the Village's public health, safety, and welfare, as well as the Village's aesthetics; and WHEREAS, Section 5-3 of the Code regulates, among other things, the maintenance and appearance of solid waste and recycling containers; and WHEREAS, the Village Council desires to amend Chapter 5 of the Village Code to provide additional standards for placement of bulky waste, solid waste, and recycling in the public-right-of-way and storage of solid waste and recycling containers before and after collection in order to create a more consistent aesthetic throughout the Village; and WHEREAS, the Village Council finds that adoption of this Ordinance is in the best interest of the Village's residents and will promote the public health, safety, and welfare of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COLI\CI OF THE VILLAGE OF KEY BISCAYNE, F'LORIDA, AS FOLLOWS: I Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amendine Chapter 5 of the Villaee Code. That Chapter 5, "Property Maintenance Standards," of the Code of Key Biscayne, Florida is hereby amended to read as follows: Chapter 5 - PROPERTY MAINTENANCE STANDARDS Sec. 5-1. - Applicability. The provisions of this Chapter shall apply to all private properties located within the Village Sec. 5-2. - Definitions. t Coding: S+rk€+h+eugh-we+ds are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted Me@h and doublc_undqline, In construing the provisions of this Chapter, where the context will permit and no definition is provided herein, words and phrases used in this Chapter that are defined in other parts of the Code, including but not limited to the Florida Building Code, but are not defined in this Chapter, shall have those meanings when used in this Chapter. The following words and phrases when used in this Chapter shall have the following meanings: mean I and larse discarded items or larqe accumulations of trash. Bulkv Waste shall include. without and ifo-o B rtlLrt W qll nnf innlrrrla nnncfrrrntinn materials rnnlrc snil nainf hazardous materials. or other Solid Waste requiring special handling. Excessive Growth shall mean: (1) The growth of vegetation, including, but not limited to, grass, weeds, bushes, hedges, undergrowth, trees, or roots, that is detrimental to the public health, safety, and welfare by creating a public nuisance, obstacle or dangerous condition in the public way; (2) The growth of vegetation that generally detracts from the appearance of the neighborhood for lack of landscape maintenance; or (3) The growth of grass, weeds, or undergrowth that exceeds the height of 6 inches from the ground. Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food, including, but not limited to packaging materials. Infestation shall mean the presence of any insects, rodents, vermin, or other pests. Maintenance or eConective aAction shall mean the action required to comply with the provisions of this Article including, but not limited to maintaining, cleaning, clearing, mowing, cutting, trimming, watering, irrigating, painting, or repairing, a lot or structure, as applicable, and removing and legally disposing of all associated solid waste, ch is if ssed Waste "recvclable ma shall include sreen slas s. brown slass and clear slass aluminum andlt and office paper. and phonebooks. Any Recyclable Material mixed with Solid Waste shall be considered to be Solid Waste. Pontnf iao la-t atner shqll mpon q rcnanfqnla used for p lqh.lp l\rfqtpriol Responsible Party means the current owner of the property in addition to any other party who has possession of the property, or any utility company having possession of the property or portion thereof, or any contractor working for the owner or person in possession of the property or any successor owners, agents, or parties in possession of the property. Solid wflaste shall mean Garbage, litter, junk, rubbish, trash, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including material or containers from domestic, commercial or agricultural operations. The term shall include all combustible and noncombustible waste materials-The term shall include residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, Page2 of 2 excelsior, rubber, leather, tree branches, yYard Trash/Was1e or other botanical waste, tin cans, metal, mineral matter, glass and crockery. The term shall also include inoperable or discarded personal property, including, but not limited to, furniture, clothing, large and small appliances, printed material, vehicles, vessels, or any other items that give the appearance that the property is abandoned or is not being maintained. Yard Trash/\4/aste shall mean vegetative matter resultins from yard and landscapins maintenance. including materials such as tree and shrub trimmings. grass clippin$s. palm fronds. and small tree branches not exceedins four feet in leneth and four inches in diameter. Yard waste does not include matter resulting from land clearing operations. Sec. 5-3. - Standards for maintenance and appearance of property generally J&J (d) Unless otherwise provided in this Code, the Responsible Party shall legally dispose of all Solid Waste and Recyclable Material in a container and shall not deposit, store, maintain or relocate such s$olid wWaste or Recyclable Material to the public right-of-way e+hera*rr*24 an authorized scheduled pre*-uecottection . an0 in case of hours before an collection. SoUa Waste Contain on the public risht-oi adiacent to the Respons 's orooertv for colleofion. Solid Waste and Recvclins Containers shall be removed from the oublic risht-of- of collection Where the chooses sidevard or nickun bv the Villase's contractor the Solid Waste and shall readil ac Village's contractor. Solid Waste shall not be relocated to any lot other than a legal disposal site. All Solid Waste and Recycling eQontainers, including, but not limited to Garbage cans and dumpsters, shall have a neat and orderly appearance. Solid Waste and Rec)'cling Containers shall be screened from view from the public right-of-way b)' walls" fences. or landscaping. Solid Waste and Recvc view if olaced behi Altematively. Solid Waste and Recycling Containers stored in a the not limited to. the rear of a camort or an enclosed sarase. The nrovi sions of this subsection shall not apply in commercial and multi-unit residential areas where the Village's Solid Waste has assisned a location for Solid Waste and Recvclins containers. Tho Vittaee Manager shal cottection servic Waste cottection s inconsistent herewifi t< t< ,r Sec. 5-5. - Failure to comply;leqahieq. d In addition to any other remedies available by law, the Village may issue a civil violation notice punishable by civil penalty pursuant to Article III of Chapter 2 of this Code;+#ieh Page 3 of3 b) ien sions of Villase mav nrovide courtesv warnins to the Resoonsible Partv for a violation of the provisions of this Chapter. *rktc Section 3. Severabilitv. That the provisions of this Ordinance are declared to be severable and ifany section, sentence, clause or phrase ofthis Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the 30th day of June, 2020. PASSED AND ADOPTED on second reading on the 25th day of August, 2020. CHAEL W. DAVEY ATTEST:,t YOR BK"J^' J \.NT VILLAGE CLERK Page 4 of 4 APPROVED AS TO FORM AND LEGALITY WEISS SEROTA HELFMAN COLE & BIERMAN, P.L VILLAGE ATTORNEY Page 5 of5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI.DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/Ua Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE. ORDINANCE - SECOND READING -AUG.25,2O2O in the XXXX Court, was published in said newspaper in the issues of o8t13t2020 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (excepl Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a perlod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and subscribed before me 13 of A.D.2020 (SEAL) GUILLERMO GARCIA personally known to me VILLAGE OF KEY BISCAYNE OFFICE OF THE VILTAGE CLERK PUBLIC llOTlCF Notice is hereby given that the following ordinance will .be consideied on deconO neaOing 5y the Village Council of the Village of Key Biscayne at a r..ti.g i" il n".b'on tuesOiy, August 25, 2020 at 6:0! pm" in the Virtual Corn"ir"cnutotr, Call (305)36'5-756i, zOoM Meeting lD: 231 627 8415' AN ORDINANCE OF rHE VILLAGE oF KEY B!99Ar-ryE' FLORIDA', lrtieNorNo cnlpren 5, "PRoPERTY MAINTENANcE ,sr4NolRos" or iie'vru-lai coDE oF oRDINANcEs RElarlNG To soLlD wAsrE n'ecvCtrrle ANo CmI vpurdNs; PRovlD-lN-G FoE€EVERABILIw; Fioirio-rlc' roR coDtFtcArloN PRovlDlNG FoR coNFLIGTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the.public at the Otfice of inr rIir"b. cttk. lnterest€d parties may appear at the Public Hearing and i" n..ii *itn t spect to the proposed britinqncis: .lny. person wishing to "i,ii"tt tn. Vifr"g'e Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being nearo' ln accordance with the Americans With Disabilities Ac-t of 1990' all persons wno aie aisaureo and who need special accommodations to participate in iii_ *"""rdi* because of that disabitity shoutd contact_the office of the ilifffti;i". ff viJJ-|\ r"inivit street,'suite 220, Kev Biscavne' Florida iir'i-i ,i'r!p'i,r:"-. |lurl.i tcosl 36s-5506, not tater than two business days prior to such Proceeding. Should any person desire to appeal any decision. of th-e.Village Council i,ii-n-i".plltii "ry matter to be considered at this meeting, thal person ,iiiif i.r[* in"t " verbatim record of the proceedings is made indluding all i"iiiiilj.v'.'ti .'iiJ.n.. upon *t"'itn anv appbal mav be based (F'S' 286'0105)' Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public heanng' Jocelyn B' Koch Village Clerk 8/13 2O-23l0000482581M ..rtlil';i;1,. .-"P1"';''?'1' ::;: Ii,ril i1-:-:r1j:r1.:.ii,.:,. ' ).;l{l I ),i'' CiJRi$TJ.\i'1 LYIJI,] RAV|X Coninrission i,: Gfi 2li7Zl Ixpires Novembr:r 1g, 2012 800Ced i'hru'lioy Fain hrsurancc g00..1BE,Z0 i l