HomeMy Public PortalAbout2005-13 Amending Code re Hurricane Protection Measures, Landscape Debris ManagementORDINANCE NO. 2005-13
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 8 "ENVIRONMENT," BY
CREATING ARTICLE V "HURRICANE PROTECTION
MEASURES" CONSISTING OF SECTION 8-301
"PREVENTION OF STORM DAMAGE"; PROVIDING
REGULATIONS CONCERNING LANDSCAPING AND THE
MAINTENANCE AND DISPOSAL OF LANDSCAPING
DEBRIS, TREES, YARD WASTE AND VEGETATION, SO AS
TO MITIGATE POTENTIAL STORM IMPACTS AND
DAMAGES; PROVIDING RESTRICTIONS ON PLACEMENT
OF LANDSCAPING DEBRIS; REQUIRING REMOVAL OF
CERTAIN EXOTIC PLANTS AND TREES FOR NEW
CONSTRUCTION; PROVIDING FOR PROTECTION OF
ELECTRIC POWER LINES FROM VEGETATIVE GROWTH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as a result of the recent series of hurricanes and severe weather events which have
affected the Village and the State of Florida, it is recognized to be necessary to implement additional
regulations to assure the protection of the public health, safety and welfare; and
WHEREAS, the Village Council finds that the adoption of this Ordinance is protective of the
public health, safety and welfare.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. Village Code Amended. That the Village Code ofthe Village ofKey Biscayne,
Florida, is hereby amended by amending Chapter 8 "Environment", by creating Article V "Hurricane
Protection Measures" consisting of Section 8-301 "Prevention of Storm Damage", to read as follows:'
ARTICLE V. HURRICANE PROTECTION MEASURES
Section 8-301. Prevention of Storm Damage
Hurricane Watch; Restriction On Placement of Landscaping Debris.
Once an official hurricane watch is issued by the National Weather Service for an area
which includes the Village, no person shall place any yard waste including, but not limited to,
vegetative clippings, trees, palm fronds, leaves, branches or any other vegetative debris (the
"Landscape Debris") on any portion of the public right of way or upon any land within ten (10) feet
of the public right of way, unless instructed to do so in writing by the Village Manager. This shall
not prohibit the temporary placement of Landscape Debris on the swale area adjacent to the parcel
which produced such Landscape Debris for pick up by a licensed private hauler, so long as such pick
up and removal is fully accomplished prior to the issuance by the National Weather Service of an
official hurricane warning and in any event is completed by the private hauler prior to the occurrence
of the anticipated storm event and at the private property owner's sole cost and expense.
Removal of Certain Exotic Plants and Trees for New Construction.
From and after the date of adoption of this Ordinance, any person owning or
controlling (the "Responsible Person") real property upon which there exists any ofthe exotic species
of vegetation ("Exotics") listed on Exhibit "A", a copy of which is attached hereto and incorporated
herein, shall cause the removal and disposal of said Exotics prior to obtaining a building permit for
the construction of any new single family or duplex residence upon said property. As to any such
'I Proposed deletions from existing Village Code text are indicated by ; proposed
additions to existing Village Code text are indicated by underline.
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property for which there exists at the time of adoption of this section an active building permit for
the construction of a new single family or duplex residence upon such property, the Exotics shall be
removed by the Responsible Person prior to the issuance of a Certificate of Occupancy. The
requirements of this section shall be applicable regardless of whether the Exotics were planted or
established before, on or after the date of adoption of this Ordinance. Nothing herein shall be
construed to authorize the planting of Exotics.
lsj Protection of Electric Power Lines.
Each person owning or controlling real property within the Village shall cause all landscaping
situated upon such real property, including, but not limited to, trees, branches, palm fronds, vines,
bushes and any other vegetative matter, to be maintained and trimmed so that no trees, branches,
palm fronds, vines, bushes or other vegetative matter shall be situated at any point any closer than
six (6') feet to any energized electric transmission or electric service line. In the event that a person
owning or controlling such real property does not timely cause the landscaping to be maintained and
trimmed as described above within seven (7) days after having received a written demand from the
Village to do so, the Village Manager shall be authorized to arrange for Village employees or
contractors to perform such work. Village shall have a lien, in the nature of a special assessment,
upon the property for the purpose of securing full reimbursement to the Village for all costs incurred
for said work, and may record and enforce said lien to the fullest extent authorized by law. The
procedures applicable to the enforcement and collection of said lien shall be the same as those which
are authorized for solid waste collection service liens pursuant to Section 2-62 of the Village Code.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held
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to 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. Inclusion in the Code. That it is the intention of the Village Council, and
it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code
of the Village of Key Biscayne; 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. Penalty. That any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County
jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement
under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and Village
Code Section 2-31, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive
or other appropriate relief in a court of competent jurisdiction.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
PASSED AND ADOPTED on first reading this 12th day of October, 2004.
PASSED AND ADOPTED on second reading this 6th day of September, 2005.
44) cii&tly.____:
MAYOR ROBERT OLDAKOWSKI
4
AT
CHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
id•41,bi L4^ -/-
VILLAGE ATTORNEY
EXHIBIT "A"
EXOTIC LANDSCAPING TO BE REMOVED FROM PROPERTY
1. Schinus terebinthinfololius (Brazilian Pepper/Florida Holly)
2. Metopium toxiferum (Poison Wood)
3. Casurina equisetifolia (Australian Pine)
4. Meleleuca Quinquenervia (Melaleuca)
5. Araucaria Heterohylla (Excelsa, Northfork Pine Island)
6. Brassala Actinophyera (Schefflera)
F/103.001/Ordinance/Ordinance amending hurricane measures
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
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
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a 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 - AUG. 30, 2005
ORDINANCE AMENDING ARTICLE IV "FINANCE", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
08/18/2005
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 (except 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
period 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 th'- adverti - ent .r publication in the said
newspaper
Sworn to and subscribed before me this
(SEAL) ,rrr" Maria I. Mesa
• My Commission DD293866
O.V. FERBEYRE personally knova or Expires March 041 2008
Notice is hereby given that the following ordinances will be considered
on Second Reading by the Village Council of the Village of Key Biscayne
at a meeting to be held on Tuesday, August 30, 2005 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;,AMEND-
ING ARTICLE IV "FINANCE" OF CHAPTER 2
"ADMINISTRATION" BY CREATING SECTION 2-75 "FIRE
RESCUE TRANSPORT FEE", TO PROVIDE FOR FEES TO BE
IMPOSED FOR FIRE RESCUE TRANSPORT SERVICES
PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE
RESCUE DEPARTMENT; PROVIDING FOR. INCLUSION IN
CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING
CHAPTER 8 "ENVIRONMENT," BY CREATING ARTICLE V
"HURRICANE PROTECTION MEASURES" C(NISISTING•OF
SECTION 8-301 "PREVENTION OF STORM DAMAGE";
PROVIDING REGULATIONS CONCERNING LANDSCAPING
AND THE MAINTENANCE AND DISPOSAL OF LANDSCAP-
ING DEBRIS, TREES, YARD WASTE AND VEGETATION, SO
AS TO MITIGATE POTENTIAL STORM IMPACTS AND
DAMAGES; PROVIDING RESTRICTIONS ON PLACEMENT
OF LANDSCAPING DEBRIS; PROVIDING FOR PROTECTION
OF ELECTRIC POWER LINES FROM VEGETATIVE
GROWTH; PROVIDING FOR SEVERABIUTY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinances may be inspected by the public at the Office
of the Village Clerk. Interested parties may appear at the Public Hearing
and be heard with respect to the proposed Ordinances. Any person
wishing to address the Village Council on any item at this Public Hearing
is asked to register with the Village Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305) 385-5506, not later
than two business days prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including
all testimony and evidence upon which any appeal may be based (F.S.
286.01 05).
Comments of any interested party relative #g this matter may be
submitted in writing and or presented in person elite public hearing.
Conduta H. Leez, CMG
Village Clerk
8/18 05-4-61/576811M