HomeMy WebLinkAboutAgenda CAB 060105AGENDA
CITY OF PALM BEACH GARDENS
COMMUNITY AESTHETICS BOARD
WEDNESDAY, JUNE 1, 2005, AT 5:30 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE "_
III. ROLL CALL:
COMMUNITY AESTHETICS BOARD
Regular Members Alternates
Vice -chair — Vacant Carolyn Waters (1St Alt.)
Jo Ann Lang (2nd Alt.) - Vacant
Sherry Levy
Bettie Marks
William Olsen
Donna Wisneski - Chair
Gail Vastola
IV. APPROVAL OF MINUTES: April 6, 2005
V. ITEMS BY STAFF LIAISON
VI. OLD BUSINESS
VII. NEW BUSINESS
i. Ordinance 12, 2005 — Property Maintenance Standards.
Presentation by Kelvin Wise, Code Enforcement Supervisor
VIII. ADJOURNMENT
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: May 18, 2005
Meeting Date: May 24, 2005
Ordinance 12, 2005
Petition: CO -04-03
SUBJECT /AGENDA ITEM
Presentation: Petition CO -04 -03 /Ordinance 12, 2005: Property Maintenance
Standards
A City - initiated request establishing a new Chapter 79 of the Code of Ordinances, to be
entitled "Property Maintenance Standards "; repealing Section 86 -27, Code of Ordinances,
entitled "Housing Code Adopted "; repealing Article V of Chapter 34, Code of Ordinances
entitled "Weeds, Rubbish, Unsanitary Conditions ".
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: N/A
PZAB Action:
Community Services
[ ] Approved
City Attorney
Christine Tatum
Project
�
Costs: $ WA
[ ]App. w/ conditions
ManagerjakL4W
Total
[ ] Denied
Finance N/A
Kelvin L. Wise, B.S.
[ j Rec. approval
Code Enforcement
$ N/A
[ ]Rec. app, w/ conds.
Development
Supervisor
Compliance N/A
Current FY
[ ]Rec. Denial
[ ] Quasi — Judicial
Bahareh Keshavarz-
[X] Legislative
[ ] Continued to:
Wolfs,
[ ] Public Hearing
Funding Source:
AICP
[ ] Operating
Advertised:
Attachments:
Growth Ma &tk
Date:
[X] Other NA
• Ordinance 12, 2005
Administrat
• Code Section 86-27
Charles K. Wu, AICP
Paper'
. Art. V of Chapter 34
[ ] Required
Pq Not Required
Budget Acct. #:
N/A
Approved By:
Affected Parties:
[ ] Notified
[X] Not Required
City Manager
Date Prepared May 18, 2005
Meeting Date: May 24, 2005
Ordinance 12, 2005
Petition: CO -04-03
BACKGROUND
As a result of field observations, and in response to public request, Code Enforcement
Staff initiated the research and development of the proposed ordinance to establish
minimum guidelines for the maintenance of both residential and commercial properties and
appurtenances. Staff believes it is necessary to proactively provide property owners,
tenants and property managers with objective and specific maintenance standards for
structures and hardscape. The desired result is to keep all properties in an acceptable
state of repair, thereby maintaining property values.
Since the City adopted the Florida Building Code, staff became aware that the existing
code language is no longer applicable regarding minimum housing standards. Further,
there are existing commercial properties that have various defects, which pose potential
safety hazards currently not addressed by the City Code. Consequently, staff has no
enforcement ability to address complaints from tenants living in rental units with
deficiencies.
The current code lacks the objectivity and specificity necessary to establish minimum
maintenance standards. As an example, single - family homes and duplexes are exempt
from the standards for landscape maintenance contained in the City's Land Development
Regulations. The result of this exemption is the presence of properties with dead or dying
lawns infested with weeds and other noxious growth. The proposed ordinance contains
language, which requires landscaping maintenance including maintaining a healthy lawn.
PROPOSED LANGUAGE
Staff believes that the proposed ordinance will provide the necessary objective standards
that will provide the residents with the assurance that blight conditions are not allowed to
develop.
Staff recommends that Section 86 -27 of the City Code be deleted as it is no longer
applicable since the adoption of the Florida Building Code. Staff also recommends that
Article V of Chapter 34 of the City Code be deleted as the proposed amendment
addresses those issues in a more comprehensive manner.
In general, the proposed language in Ordinance 12, 2005 establishes the following
requirements regarding the minimum standards for maintenance of property and structures
in the City:
■ Purpose and scope.
o The purpose of the proposed ordinance is to establish uniform minimum
standards for the occupancy and maintenance of all dwellings, hotels and
rooming houses as well as commercial, industrial and institutional structures
in the City.
o Every building or structure in the City subject to the provisions of the
ornnosed ordinance shall cmmr-)Iv renardleas of when the huildinn or structure
N
f
Date Prepared May 18, 2005
Meeting Date: May 24, 2005
Ordinance 12, 2005
Petition: CO-W3
was built, altered or repaired.
o The proposed ordinance shall operate in conjunction with the standard
Florida Building Codes.
Inspection.
• The City's code inspectors are authorized to inspect from time to time all
dwellings, hotels, rooming houses, and commercial, industrial and
institutional structures.
• Inspections may be made at any time if there is reason to believe that
violations which present an immediate threat to the health, safety and welfare
exist.
Code Enforcement Special Master; altemative means of enforcement.
• The City may also use the citation method for enforcing the provisions of this
code.
• The Code Enforcement Special Master shall have jurisdiction to hear and
decide cases in violations of this code.
Maintenance and appearance standards for all structures:
o Owners and operators of all real property within the City shall maintain the
exterior of their property in compliance with the standards of this code.
■ No obvious deterioration of the exterior.
■ Painted and free of graffiti.
■ Off street parking surfaces shall be in good repair and smooth
surfaced.
■ One principal color unless otherwise approved by City Council.
■ Property shall be free of weeds, rubbish and refuse. Landscaping
shall be maintained in good condition.
■ No outdoor storage of debris or unsuitable equipment viewable from a
public right -of -way and adjacent properties. Outdoor storage areas
shall be maintained in a clean, neat and presentable manner and shall
be confined to the required side yard setback between a building and
adjacent street or adjacent building.
■ No accumulation of stagnant water is allowed.
■ The exterior of the property shall be maintained free of hazards.
■ Structures shall be kept in a clean, neat and sanitary condition and
good state of repair.
■ Owners and operators shall prevent unsanitary conditions from
developing due to animal waste or nuisances resulting from animals.
Repairs and installations shall comply with the Florida Building Code
and shall proceed in a timely fashion and a workmanlike manner.
■ Required address numbers.
o Buildings shall have approved address numbers placed in a position to be
plainly legible and visible from the street or road fronting the property.
o Single family or two family dwellings shall display the 'address number in
such a manner as will be plainly visible and legible from a vehicle traveling
on the road that is named in the address. All numbers shall be Arabic
numerals of at least four and half inches (4.5 ") in height no greater than six
inches l6 "1 and of a. (nIr) r that contrast with the backarnund cnInr of the
3
L
Date Prepared May 18, 2005
Meeting Date: May 24, 2005
Ordinance 12, 2005
Petition: CO -04 -03
structure supporting the numbers.
o Commercial and multi - family buildings shall display the address number in
such a manner as will be plainly visible and legible from a vehicle traveling
on the road that is named in the address. All numbers shall be Arabic
numerals and shall have posted numbers a minimum of twelve inches (12 ")
in height.
■ Responsibilities of owners and operators of dwellings, hotel, and rooming houses for
let:
o Owners or operators shall be responsible for sanitary and safe maintenance
of all equipment, furnishings, walls, floors, ceilings, and other building parts
and the entire premises.
c Owners or operators shall maintain shades, draperies or other devices which
will afford privacy to the occupants.
o Owners or operators shall be responsible for the prompt and sanitary
disposal of all garbage and trash through the use of approved mechanical
equipment or by placing same in required containers as provided by
applicable law.
ANALYSIS
It is staff's position that the creation of minimum property maintenance standards is
particularly important in subdivisions that have neither homeowner nor property owner
associations with clearly defined standards of maintenance. Currently, there are no clear
and objective standards that staff can provide to the general public for a significant portion
of the City. The proposed ordinance creates these standards for both residential and
commercial properties that pre -date existing Land Development Regulations and
Development Orders.
Adoption of the proposed ordinance is an important strategy which staff strongly believes
will empower existing neighborhoods by providing objective standards for the maintenance
and preservation of residential and commercial properties.
NEIGHBORHOOD PRESERVATION INITIATIVE
Staff developed the Neighborhood Preservation Initiative (NPI) as a means to gamer
support for Ordinance 12, 2005. Staff proposes a comprehensive outreach campaign for
the NPI in order to inform residents and businesses of the merits of having property
maintenance standards as set forth in the proposed ordinance. The first important element
of this outreach campaign is to solicit input and comments from advisory boards in order to
insure that the proposed ordinance will serve the City's needs.
Secondly, staff would work to create a pool of resources for residents who aren't capable
of complying with the standards without assistance. This pool would include access to
resources such as paint, labor and materials through cooperation of local businesses and
rivi(- orn, inc Fi !nHinn wni Ori ha cr)i ioht thrnt inh rirnnt nnnnrfi lniticoq hanlr nartnrirghinc, and
4
Date Prepared May 18, 2005
Meeting Date: May 24, 2005
Ordinance 12, 2005
Petition: CO -04 -03
business partnerships through the Economic Development Advisory Board.
The third element is to create awareness of the NPI through pamphlets, mailings,
newsletters, news articles and public forums. Detailed information and applications would
be posted on the City's website. Staff would also be available for one -on -one
communication with interested individuals. Opportunities to present the merits of property
maintenance standards to HOAs and POAs would be sought as well.
Staff would seek both a residential and a commercial property as test subjects to illustrate
the positive aspects of property maintenance and garner further support for the NPI.
Lastly, staff has developed an implementation plan which consists of input and
recommendations from advisory boards before presenting the ordinance to City Council for
first reading and eventual adoption. After adoption, staff would continue the public
outreach campaign during a proposed six month grace period. Full implementation of the
property maintenance standards would then follow.
STAFF RECOMMENDATION
Staff requests comments and suggestions regarding Petition CO -04 -03 /Ordinance 12,
2005.
Date Prepared: March 14, 2005
1 ORDINANCE 12, 2005
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA CREATING CHAPTER 79 OF THE PALM
6 BEACH GARDENS CODE OF ORDINANCES, ENTITLED "PROPERTY
7 MAINTENANCE STANDARDS "; REPEALING SECTION 86 -27 OF THE
8 CITY CODE OF ORDINANCES, ENTITLED "HOUSING CODE
9 ADOPTED"; REPEALING ARTICLE V "WEEDS, RUBBISH,
10 UNSANITARY CONDITIONS" OF CHAPTER 34 "ENVIRONMENT" OF
11 THE CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Council directed staff to develop standards to insure the
16 maintenance of minimum property standards for residential and commercial properties;
17 and
18
19 WHEREAS, staff has developed such standards and recommends that this
20 ordinance be adopted; and
21
22 WHEREAS, staff believes that such standards shall serve to promote the health,
23 safety, aesthetics and welfare of the citizens and residents of the City of Palm Beach
24 Gardens; and
25
26 WHEREAS, the City Council has determined that the adoption of this ordinance
27 is in the best interests of the citizens and residents of the City of Palm Beach Gardens.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF PALM BEACH GARDENS, FLORIDA that:
31
32 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
33
34 SECTION 2. A new Chapter 79 of the Palm Beach Gardens Code of Ordinances
35 to be entitled "Property Maintenance Standards" is created to read, as follows:
36
37 Chapter 79. Property Maintenance Standards
38
39 Sec. 79 -1. Purpose and scope.
40
41 The purpose of this chapter is to establish uniform minimum standards for the
42 occupancy and maintenance of dwellings, hotels, and rooming houses; as well as
43 commercial, industrial, and institutional structures located in the City of Palm Beach
44 Gardens. The objective of the standards of this chapter is to improve, preserve, and
45 maintain the buildings and structures of the city and to eliminate blighting influences,
46 �nihF?rAVAr nnccjhla_ �VQrVr hUijrlinry nr ctr��rti,irn jr) tha �itV that iS �i ihiPrt +n fhn nrrn!��j�nc
Date Prepared; March 14, 2005
Ordinance 12, 2005
1 of this chapter shall conform to the requirements of this chapter regardless of when the
2 building or structure may have been constructed, altered, or repaired. This chapter
3 does not replace or modify standards of other codes or ordinances regulating the
4 construction, replacement, or repair of buildings or unsafe structures, but shall operate
5 in conjunction with the standard Florida Building Codes and all other technical codes as
6 adopted by ordinance.
7
8 Sec. 79 -2. Definitions.
9
10 The following definitions shall apply in the interpretation and enforcement of this
11 chapter:
12
13 Building. Any structure that encloses a space used for sheltering any occupancy. Each
14 portion of a building separated from other portions by a fire wall shall be considered as
15 a separate building.
16
17 Deterioration. The condition or appearance of a building, or parts thereof, characterized
18 by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical
19 decay, neglect or lack of maintenance.
20
21 Director. The Growth Management Department head or his authorized agent charged
22 with enforcing code regulations.
23
24 Dwelling. Any building which is wholly or partially used or intended to be used for living,
25 sleeping, cooking, eating, and sanitation, providing that temporary housing as
26 hereinafter defined shall not be regarded as a dwelling.
27
28 Garbage. The animal and /or vegetable waste resulting from the handling, preparation,
29 cooking, and /or consumption of food; and wastepaper, plastic or related materials used
30 in the packaging and preparation of foods.
31
32 Good state of repair, good repair. Structure which is safe and habitable for its ordinary
33 and intended use; the materials used therein or any fixture related thereto must be
34 sound, stable and performing the function for which intended.
35
36 Good condition. The item is fully and safely operable for the use for which it was
37 intended.
38
39 Hotel unit. Any room or group of hotel rooms forming a single habitable unit used or
40 intended to be used for living and sleeping and which may not be used for cooking and
41 eating. For the purpose of this chapter, motel units and dormitory-type sleeping
42 accommodations shall be included in this category.
43
44 Infestation. The presence of insects, rodents, vermin, or other pests.
45
Date Prepared: March 14, 2005
Ordinance 12, 2005
1 Nuisance. Anything that endangers life or health, gives offense to the senses, or
2 obstructs reasonable use of any property or any act or activity prohibited by general,
3 special, or local laws.
4
5 Occupant. Any person living, sleeping, cooking, eating in, or having actual possession
6 of a dwelling, dwelling unit, hotel unit, or rooming unit.
7
8 Operator. Any person who has charge, care or control of a building or structure, or part
9 thereof, which is subject to this code.
10
11 Owner. Any person who alone or jointly has legal title to any building or structure, or
12 part thereof, which is subject to this code.
13
14 Person. Any individual, firm, corporation, association, partnership, or other legal entity.
15
16 Rooming house. Any building or portion thereof containing guest rooms, where rent is
17 paid and guests are not transient. For the purpose of this chapter, boarding houses are
18 included in this category.
19
20 Rooming unit. Any room or group of rooms, forming a single habitable unit, used or
21 intended to be used for living and sleeping but including a kitchen.
22
23 Rubbish. All combustible and noncombustible waste materials except garbage,
24 including but not limited to non - operating toys, bicycles, motorcycles, automobiles,
25 mechanical equipment and machines or parts thereof.
26
27 Structure. That which is built or constructed.
28
29 Temporary housing. Any tent, trailer, or other structure used for human shelter which is
30 designed to be transportable and which is not attached to the ground, to another
31 structure, or to any utilities system on the same premises for more than thirty (30)
32 consecutive days.
33
34 Sec. 79 -3. Inspection.
35
36 (a) The City of Palm Beach Gardens Code Enforcement Division, through its code
37 inspectors, is hereby authorized to inspect from time to time all dwellings, hotels,
38 rooming houses, and commercial, industrial and institutional structures that are
39 subject to the minimum property standards of this chapter. When a code
40 inspector is required to enter onto private premises to make an inspection,
41. he /she shall do so with the consent of the owner, operator, lessee or occupant. In
42 the event that consent to enter the premises is withheld, the code inspector may
43 make application to the proper court for an order allowing access to the
44 premises.
45
Date Prepared: March 14, 2005
Ordinance 12, 2005
1 (b) Inspection of all buildings or structures shall be made during reasonable hours. If
2 the Director has cause to believe an immediate threat exists to the health,
3 welfare or safety of persons in or about any building or structure, he may direct
4 that an inspection be made at anytime.
5
6
7 Sec. 79 -4. Code Enforcement Special Master; alternative means of enforcement.
8
9 The City of Palm Beach Gardens Code Enforcement Special Master, pursuant to its
10 authority under Chapter 2 of the City of Palm Beach Gardens Code of Ordinances, and
11 under Chapter 162, Florida Statutes, shall have jurisdiction to hear and decide cases in
12 which violations of this code are alleged; provided however, that alternatively, the city
13 may utilize the citation method of code enforcement or any other lawful means
14 available, at its discretion.
15
16 Sec. 79 -5. Maintenance and appearance standards for all structures.
17
18 (a) The owner and operator of all real properties within the city shall maintain the
19 exterior of the premises in such a manner to conform with all city codes and
20 ordinances; to avoid blighting influences on neighboring properties, and to avoid
21 the creation of hazards to public health, safety, and welfare. Properties shall be
22 maintained in accordance with the following standards:
23
24 (1) The exterior of all premises and every structure thereon, including all parts
25 of the structure and appurtenances where exposed to public view, shall be
26 maintained in good condition and shall not show evidence of deterioration,
27 weathering, discoloration, ripping, tearing or other holes or breaks. All
28 screened enclosures shall be properly fitted and maintained. All other surfaces
29 shall be maintained free of broken glass, crumbling stone, brick or stucco, or
30 other conditions reflective of deterioration or inadequate maintenance.
31
32 (2) All surfaces requiring paint or which are otherwise protected from the
33 elements shall be kept painted or protected. Painted surfaces shall be
34 maintained free of graffiti and void of any evidence of deterioration.
35
36 (3) All off - street parking spaces shall be asphalt, concrete or block and shall
37 be smooth surfaced and in good repair in compliance with city codes.
38
39 (4) Only one (1) principal color may be used on each structure, excluding
40 those used to accent architectural features and /or trim, except where more than
41 one (1) principal color is expressly approved by separate development order.
42
43 (5) Property adjacent to dwelling structures shall be kept free from growth of
44 weeds, rubbish, trash and other refuse, and landscaping shall be maintained in
45 good condition.
46
Date Prepared: March 14, 2005
Ordinance 12, 2005
1 (6) The entire yard where exposed to public view must be kept free of debris
2 and accumulations of property and equipment which present an unsightly
3 appearance from usual vantage points on adjacent streets and properties.
4 Outdoor storage and the area used for such storage shall be maintained in a
5 clean, neat and presentable manner. Outside storage shall be confined to the
6 required side yard setback between a building and an adjacent street or
7 building.
8
9 (7) The exterior premises shall be maintained so as to prevent the
10 accumulation of stagnant water thereon.
11
12 (8) The exterior premises shall remain free of hazards which include, but are
13 not limited to, the following:
14
15 (a) Dead and dying trees and limbs;
16
17 (b) Loose and overhanging objects which by reason of location above
18 ground level constitute a danger of falling on persons in the vicinity
19 thereof;
20
21 (c) Holes, excavations, breaks, projections, obstructions;
22
23 (d) Excretions of pets and other animals on paths, walks, driveways,
24 parking lots and parking areas, and other parts of the premises which are
25 accessible to or used by persons on the premises;
26
27 (e) Inadequate runoff drains for stormwater; and
28
29 (f) Sources of infestation of rodents, vermin and other pests.
30
31 (b) Structures shall be kept in a clean and sanitary condition, and in a good state of
32 repair, including all equipment, sanitary facilities, yards, courts, driveways, lawns,
33 and shrubbery. The owner and occupant shall prevent the infestation of rodents,
34 vermin and other pests within the structure he occupies or controls.
35
36 (c) The owner and operator shall prevent animals or pets from creating an
37 unsanitary condition or a nuisance on any premises in the owner or operator's
38 control.
39
40 (d) Repairs and installations shall be made so as to comply with the provisions of the
41 . Florida Building Code and all other applicable regulations, laws and /or codes. All
42 work shall proceed in a timely fashion and be done in a workmanlike manner.
43
44 Sec. 79 -6. Required address numbers.
45
Date Prepared: March 14, 2005
Ordinance 12, 2005
1 Buildings shall have approved address numbers placed on the building in a position to
2 be plainly legible and visible from the street or road fronting the property.
3
4 (a) The resident, occupant, or owner of a single family or two family dwelling shall
5 display the address number in such a manner as will be plainly visible and legible
6 from a vehicle traveling on the road that is named in the address. The address
7 numbers shall be displayed at a height of at least two feet (2') above grade and
8 not higher than six feet (6') above grade. All numbers shall be Arabic numerals
9 of at least four and half inches (4.5 ") in height no greater than six inches (6 ") and
10 of a color that contrasts with the background color of the structure supporting the
11 numbers.
12
13 (b) Commercial and multi- family buildings shall display the address number in such
14 a manner as will be plainly visible and legible from a vehicle traveling on the road
15 that is named in the address. All numbers shall be Arabic numerals and shall
16 have posted numbers a minimum of twelve inches (12 ") in height. Numbers shall
17 be in direct contrast with their background on which they are mounted and shall
18 be either internally or externally illuminated so they can be easily seen from the
19 street or road fronting the building. When the front of the building does not face
20 the street from which it is addressed, the sides of the building facing said street
21 shall also have complying numbers. Properties under construction shall display
22 a temporary number that meets the above requirements.
23
24 Sec. 79 -7 Responsibilities of owners and operators of dwellings, hotel units, and
25 rooming houses for let.
26
27 The owner or operator of every dwelling unit, hotel unit, or rooming house for let shall,
28 jointly and severally:
29
30 (a) Be responsible for the sanitary and safe maintenance of all equipment,
31 furnishings, walls, floors, ceilings and other building parts, and the entire premises,
32 including yards, courts, driveways, lawns and shrubbery.
33
34 (b) Provide shades, draperies or other devices or materials for all windows which,
35 when properly used, will afford privacy to the occupants of the unit.
36
37 (c) Be responsible for the prompt and sanitary disposal of all garbage and trash
38 through the use of approved mechanical equipment or by placing same in required
39 containers; disposal of rubbish, garbage, lawn and shrubbery cuttings, leaves and
40 other waste material as provided by applicable law.
41
42 SECTION'S: Section 86 -27 of the City of Palm Beach Gardens Code of
43 Ordinances, entitled "Housing code adopted," is repealed in its entirety.
44
45 SECTION 4. Article V "Weeds, Rubbish, Unsanitary Conditions" of Chapter 34
2( "r,"irnnrT- ,nr�f" of tha ('i +/ (`nrin of iir(�r1'an!`nc tC 1'nrin ?�nii ��'1 Its otlfjrc}�/
0
Date Prepared: March 14, 2005
Ordinance 12, 2005
1
2 SECTION 5. Codification of this Ordinance is hereby authorized and directed.
3
4 SECTION 6. This Ordinance shall become effective immediately upon adoption.
5
6
7
8 PASSED this day of _
9
10 PASSED AND ADOPTED this
11 second and final reading.
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 BY:
23 Patricia Snider, CMC
24 City Clerk
25
26
27 APPROVED AS TO FORM AND
28 LEGAL SUFFICIENCY
29
30
31 BY:
32 Christine P. Tatum, City Attorney
33
34
35 VOTE:
36
37 MAYOR RUSSO
38
39 VICE MAYOR JABLIN
40
41 COUNCILMEMBER LEVY
42
43 COUNCILMEMBERVALECHE
44
45 COUNCILMEMBER BARNETT
46
day of
2005, upon first reading.
, 2005, upon
CITY OF PALM BEACH GARDENS, FLORIDA
Joseph Russo, Mayor
AYE NAY ABSENT
I
Sec. 86 -27. Housing code adopted.
(a) The Standard Housing Code, latest edition, as published by the Southern Building
Code Congress International, Inc., is adopted by reference and made a part of this code.
(b) The building official is designated as the housing official and the planning, zoning
and appeals board is designated as the housing board of appeals as prescribed in the
housing code adopted in subsection (a) of this section.
(c) In addition to the remedial action set forth in this chapter, the city may enforce the
housing code under the code enforcement procedures as provided in section 2 -186 et
seq., either concurrently or in the alternative in the discretion of the housing official,
provided while an appeal to the housing board of appeals is pending any action under
the code enforcement procedures shall be stayed until a final order is entered on such
appeal.
(Code 1987, § 150.02; Ord. No. 23 -1995, §§ 2, 3, 10 -5 -95; Ord. No. 43 -1997, § 2, 10 -9-
97; Ord. No. 38 -2002, § 2, 10 -3 -02; Ord. No. 17 -2004, § 5, 6 -3 -04)
ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS* Page I of 5
ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS*
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch.
62; landscaping and vegetation protection, ch. 98; natural resources and environmentally
significant lands, ch. 102; zoning, ch. 118.
Sec. 34 -121. Enumerated conditions prohibited, declared nuisance.
The allowing of debris, rubbish, trash, tin cans, papers, or stagnant water to accumulate,
or a dense growth of trees, vines, underbrush, weeds, wild growth, or grass in excess of 12
inches in height from the ground on vacant lands contiguous to developed residential lots and
on developed residential lots, and in excess of 18 inches from the ground on all other lands, to
develop on any lot, tract, or parcel of land in the city, to the extent and in the manner that it
constitutes or may reasonably become a menace to life, property, the public health, or the
public welfare; creates a fire hazard; or provides a nest or breeding ground for sandflies,
mosquitoes, rats, mice, other rodents, snakes, and other types of pests and vermin, shall be
unlawful and is prohibited and declared to be a public nuisance.
(Code 1987, § 95.20)
Sec. 34 -122. Owner to keep property clear of rubbish, vegetation.
(a) It shall be unlawful for any person to throw or permit to be deposited or scattered
upon any private property within the city, whether owned by the person or not, any litter,
debris, rubbish, trash, tin cans, or papers, except that the owner or person in control of
the private property may deposit same in designated areas and containers for collection
thereof as provided in other ordinances.
(b) Any owner, lessee, or occupant of any lot, tract, or parcel of land in the city who
permits debris, rubbish, trash, tin cans, papers, or stagnant water to accumulate, or a
dense growth of trees, vines, underbrush, weeds, wild growth, or grass in excess of 12
inches in height from the ground on vacant lands contiguous to developed residential
lots or on developed residential lots, or in excess of 18 inches from the ground on all
other lands, to develop in any lot, tract, or parcel of land, improved or unimproved, within
the city to the extent and in the manner that it constitutes or may reasonably become a
menace to life, property, the public health, or the public welfare; creates a fire hazard;
provides a nest and breeding ground for sandflies, mosquitoes, rats, mice, other
rodents, snakes, and other types of pests and vermin shall be unlawful and in violation
of this article.
(Code 1987, § 95.21)
Sec. 34 -123. Notice to remedy conditions.
ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS* Page 2 of 5
(b) Issuance, contents.
(1) If the director of public works finds that debris, rubbish, trash, tin cans,
papers, or stagnant water have accumulated, or a dense growth of trees, vines,
underbrush, weeds, wild growth, or grass in excess of 12 inches in height from
the ground on vacant lands contiguous to developed residential lots or on
developed residential lots, or in excess of 18 inches from the ground on all other
lands, has developed on any lot, tract, or parcel of land within the city, to the
extent and in the manner that it constitutes or may reasonably become a menace
to life, property, the public health, or the public welfare; creates a fire hazard; or
provides a nest and breeding ground for sandflies, mosquitoes, rats, mice, other
rodents, snakes, and other types of pests and vermin, he shall request the city
clerk in writing to direct a notice to the owner of record of such property by
certified mail at his last known address as shown by the records of the tax
assessor of the city, advising that the aforementioned debris, rubbish, trash, tin
cans, papers, and the like, have been found to exist on the property described in
the notice and demand that the owner cause the condition to be remedied
forthwith or to authorize the city to have the work done on behalf of the owner at
his cost and as a lien against the property.
(2) The form shall detail the specific violations of which the owner is charged,
that information being obtained by the city clerk from the detailed request given
him by the director of public works, or a duly authorized member of the public
works department.
(3) However, if the city manager finds (upon his own initiative, or upon
complaint by the affected owner), that because of distance of the property in
question from improved property, or otherwise, that a unique condition exists
whereby the public interest does not require the enforcement of this article
against the property, the city manager may direct that the notice not be sent, or
that the notice be cancelled, as the case may be.
(c) Single- family dwellings. If there is an occupied single - family dwelling on the
property, a copy of the notice shall be served by an appropriate official of the city,
including but not limited to a police officer, upon the occupant of the property, or upon
any agent of the owner thereof. The mailing of the notice shall be sufficient proof thereof
and the delivery of notice to an occupied dwelling shall be equivalent to mailing. If the
mailing address of the owner is not known and the property is unoccupied, and the
owner has no agent in the city, the notice shall be posted upon the property as notice to
the owner thereof and a copy posted at an appropriate location at the city hall. The form
of notice to be used herein is provided more specifically in subsection (e) of this section.
(d) Other occupancies. If there is a motel, multiple - family residence, commercial or
industrial building located on the property, a copy of the notice shall be served on the
manager of the motel or multiple - family residence, or upon the manager or executive
officer of any occupants of a commercial or industrial building. The mailing of the notice
shall be sufficient proof thereof and the delivery of notice to those persons occupying the
buildings shall be equivalent to mailing. If the mailing address of the owner is not known
and the property is unoccupied and the owner has no agent in the city, the notice shall
be posted upon the property as notice to the owner thereof and a copy posted at an
appropriate location at the city hall. The form of notice to be used herein is provided
more specifically in subsection (e) of this section.
(e) Notice to owner. The notice to the owner, as required by this section, shall be
substantially in the following manner:
P4 I I�_ C Vt' f -UbL16 1`4J10'ANUU_
NAME OF OWNER
ADDRESS OF OWNER
Our records indicate that you are the owner(s) of the following property in the
City of Palm Beach Gardens, Palm Beach County, Florida:
(describe property)
An inspection of this property discloses, and I have found and determined, that a
public nuisance exists thereon so as to constitute a violation of section 34 -121 et seq. of
the Code of Ordinances, in that:
(describe here the condition which places the property in violation)
You are hereby notified that unless the condition above described is remedied so
as to make it nonviolative of said Ordinance within days from the date hereof,
City of Palm Beach Gardens will proceed to remedy this condition and the cost of the
work, including advertising costs and other expenses, will be imposed as a lien on the
property if not otherwise paid within 30 days after receipt of billing. If you do not agree
with the above findings you may appear before the City Council on
TABLE INSET:
(Code 1987, § 95.22)
Sec. 34 -124. Hearing.
The notice to the owner as set forth in section 34- 123(e) shall, among other things,
contain a date and time certain upon which the property owner or his agent or representative
may appear before the city council; the date being not less than ten nor more than 20 days from
the date of the mailing or hand delivery of the notice if the property is unimproved or occupied
as a single - family residence and no less than five nor more than ten days when the property is
being used for a motel, multiple- family residence, commercial or industrial purpose, to show the
council that the condition does not exist, or to show why the debris, rubbish, trash, tin cans,
paper, stagnant water, dense growth of trees, vines, underbrush, weeds, wild growth, or grass
in excess of 12 inches in height from the ground on vacant lands contiguous to developed
residential lots or on developed residential lots, or in excess of 18 inches from the ground on all
other lands, that have developed on the lot or tract of land does not constitute a menace to life,
property, the public health, or the public welfare; or creates a fire hazard, or why the condition
should not be remedied by the city at the expense of the owner of the property. At the hearing,
the city and the property owner may introduce any witnesses as deemed necessary.
(Code 1987, § 95.23)
City of Palm Beach Gardens, Florida
BY
Director of Public Works
(Code 1987, § 95.22)
Sec. 34 -124. Hearing.
The notice to the owner as set forth in section 34- 123(e) shall, among other things,
contain a date and time certain upon which the property owner or his agent or representative
may appear before the city council; the date being not less than ten nor more than 20 days from
the date of the mailing or hand delivery of the notice if the property is unimproved or occupied
as a single - family residence and no less than five nor more than ten days when the property is
being used for a motel, multiple- family residence, commercial or industrial purpose, to show the
council that the condition does not exist, or to show why the debris, rubbish, trash, tin cans,
paper, stagnant water, dense growth of trees, vines, underbrush, weeds, wild growth, or grass
in excess of 12 inches in height from the ground on vacant lands contiguous to developed
residential lots or on developed residential lots, or in excess of 18 inches from the ground on all
other lands, that have developed on the lot or tract of land does not constitute a menace to life,
property, the public health, or the public welfare; or creates a fire hazard, or why the condition
should not be remedied by the city at the expense of the owner of the property. At the hearing,
the city and the property owner may introduce any witnesses as deemed necessary.
(Code 1987, § 95.23)
ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS* Page 4 of 5
Sec. 34 -125. Authority of council at hearing to protest notice.
(a) If the property owner or his duly authorized agent elects to protest the notice as
set forth in section 34 -124 and so appears at the designated meeting of the city council
as set forth in the notice to owner, the city council shall determine conclusively whether
the condition described in section 34 -122 does or does not exist and the determination
shall be final.
(b) If the city council determines that the situation and condition as set forth in section
34 -122 and in the notice to owner does not exist, then the notice to owner shall be
considered forthwith null and void and of no effect, and no action shall be taken by any
agency of this city in regard to the condition at that time.
(c) If the city council shall determine that the condition described in section 34 -122
and the notice to owner does exist, then from the date of the determination by the city
council, the owner shall have ten days to correct the condition. Upon the failure of the
owner to correct the condition within the ten days specified, the city manager shall direct
the appropriate agency of the city to correct such condition as outlined in section 34 -126
where no protest has been made.
(Code 1987, § 95.24)
Sec. 34 -126. Abatement by city.
If the owner of the affected property or any agent acting on behalf of the owner thereof
fails to protest the action before the city council upon the date specified in the notice to the
owner and has failed to take corrective action as specified in the notice before the date set for
the protest hearing before the council, the city manager may direct the appropriate agency of
the city to cause the abatement of the public nuisance by having the existing condition corrected
by the appropriate agencies of the city.
(Code 1987, § 95.25)
Sec. 34 -127. Recovery of city expenses.
(a) Certification of expenses. After causing the condition as outlined in section 34 -121
and by the notice to owner to be remedied in those cases where the owner shall not
voluntarily correct or remedy the condition, the director of public works shall certify to the
city the expenses incurred in remedying the condition together with his certificate as to
the condition of the property which necessitated incurring the expense, and a copy will
be directed to the owner of the affected property, whereupon the expense shall become
payable by the owner within 30 days.
(b) Lien of expenses; enforcement. If the owner or his agent fails to make payment
within the 30 days, the expense shall become and constitute a lien and charge upon the
property, which shall .be payable, with interest at the. rate of six percent per annum, from
the date of the certification until paid, at the time ad valorem taxes on the property
become due and payable to the city, and which expense and charge shall be a first and
prior lien against the property, subject only to the lien for taxes due the county and state,
and of the same character as the lien of the city for municipal taxes. Upon failure of the
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ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS* Page 5 of 5
(c) Right to hearing. Any property owner shall have a right to have a hearing before
the city council to show cause, if any, why the expenses and charges should not
constitute a lien against the property. However, the finding by the city council that the
condition described in section 34 -122 and notice to owner thereof exists, shall be final.
(Code 1987, § 95.26)
Sec. 34 -128. Records.
The city shall keep a complete set of files and records relating to the liens authorized by
this article.
(Code 1987, § 95.27)
Sec. 34 -129. Penalty.
(a) In accordance with section 2 -186 et seq. and F.S. § 162.09, the code enforcement
board of the city is hereby granted jurisdiction for enforcement of section 34 -121 and
shall have the power to impose a fine in the maximum sum of $250.00 per day for a first
violation and a maximum fine of $500.00 per day for a repeat violation.
(b) Whoever violates any provisions of this article for which another penalty is not
already otherwise provided, shall be subject to the penalty provisions set forth in section
1 -18.
(Code 1987, § 95.99)
Secs. 34- 130 - -34 -160. Reserved.
NEIGHBORHOOD PRESERVATION INITIATIVE
ORDINANCE 12, 2005
PRESENTATION OUTLINE
I. Introduction, history and purpose of Ordinance 12, 2005
II. Creation of Neighborhood Preservation Initiative
a. Goals of initiative
i. Neighborhood enhancement
ii. Maintain and improve property value
iii. Health, safety and welfare issue for all Gardens residents
iv. Implement standards but offer resources for residents who aren't capable of
complying with the standards without assistance (i.e. financial assistance, labor)
1. Paint — Solid Waste Authority
2. Labor — Christ Fellowship, Temple Judea, United Way, City Volunteer
Program
3. Funding — Bank partnerships, Grant opportunities (Military Trail Grant
Program), Business partnerships through EDAB
b. Public Information Campaign
i. Create awareness about the positive impact standards will have on community
1. Pamphlets/Mail pieces
2. Newsletter/Newspaper articles
3. Website
4. One- on-one meetings with residents & businesses
5. Public forums
6. Direct communication with those who have contacted City and expressed
interest in this type of project
7. HOAs/POAs
ii. Pilot ProjectBusiness Partnership
iii. Delray Beach Model
III. Implementation Plan
a. Meetings with Advisory Boards for input on project
i. PZAB May 24, 2005
ii. CAB June 1, 2005
iii. EDAB June 9, 2005
b. Follow -up meeting with Advisory Boards
i. PZAB
ii. CAB
iii. EDAB
c. City Council
i. First Reading
ii. Adoption
d. Grace period/Public Education Campaign
e. Implementation
June 28, 2005
July 6, 2005
July 14, 2005
August 4, 2005
August 18, 2005
August 19, 2005 thru February 28, 2006
March 1, 2006
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