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HomeMy WebLinkAboutAgenda CAB 070605I IV. V. VI. VII. VIII AGENDA CITY OF PALM BEACH GARDENS COMMUNITY AESTHETICS BOARD WEDNESDAY, July 6, 2005, AT 5:30 P.M. COUNCIL CHAMBERS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: COMMUNITY AESTHETICS BOARD Regular Members Vice -chair — Vacant Jo Ann Lang Sherry Levy Bettie Marks William Olsen Donna Wisneski - Chair Gail Vastola Alternates Carolyn Waters (1 St Alt.) (2nd Alt.) - Vacant APPROVAL OF MINUTES: June 1, 2005 ITEMS BY STAFF LIAISON OLD BUSINESS i. Ordinance 12, 2005 — Property Maintenance Standards Recommendation to City Council Presentation by Kelvin Wise, Code Enforcement Supervisor NEW BUSINESS Ordinance 26, 2005 — Tree Protection Ordinance Introduction and discussion only Presentation by Mark Hendrickson ADJOURNMENT Date Prepared June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04 -03 RECOMMENDATION FROM THE PLANNING, ZONING AND APPEALS BOARD The Planning Zoning and Appeals Board voted 5 -2 to approve the proposed ordinance with conditions that stronger language be added and that the language regarding the minimum size of address numbers be reduced to 3.5 inches. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition CO -04 -03 /Ordinance 12, 2005. I Date Prepared: June 20, 2005 ORDINANCE 12, 2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING CHAPTER 79 OF THE PALM BEACH GARDENS CODE OF ORDINANCES, ENTITLED "PROPERTY MAINTENANCE STANDARDS "; REPEALING SECTION 86 -27 OF THE CITY CODE OF ORDINANCES, ENTITLED "HOUSING CODE ADOPTED "; REPEALING ARTICLE V "WEEDS, RUBBISH, UNSANITARY CONDITIONS" OF CHAPTER 34 "ENVIRONMENT" OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council directed staff to develop standards to ensure the maintenance of minimum property standards for residential and commercial properties; and WHEREAS, staff has developed such standards and recommends that this Ordinance be adopted; and WHEREAS, staff believes that such standards shall serve to promote the health, safety, aesthetics, and welfare of the citizens and residents of the City of Palm Beach Gardens; and WHEREAS, the City Council has determined that the adoption of this Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and rated. SECTION 2. A new Chapter 79 of the Palm Beach Gardens Code of Ordinances to be entitled "Property Maintenance Standards" is created to read as follows: Chapter 79. Property Maintenance Standards Sec. 79 -1. Purpose and scope. The purpose of this chapter is to establish uniform minimum standards for the occupancy and maintenance of dwellings, hotels, and rooming houses, as well as commercial, industrial, and institutional structures located in the City of Palm Beach Gardens. The objective of the standards of this chapter is to improve, preserve, and Date Prepared: June 20, 2005 Ordinance 12, 2005 1 maintain the buildings and structures of the city and to eliminate blighting influences, 2 wherever possible. Every building or structure in the city that is subject to the provisions 3 of this chapter shall conform to the requirements of this chapter regardless of when the 4 building or structure may have been constructed, altered, or repaired. This chapter 5 does not replace or modify standards of other codes or ordinances regulating the 6 construction, replacement, or repair of buildings or unsafe structures, but shall operate 7 in conjunction with the standard Florida Building Codes and all other technical codes as 8 adopted by ordinance. 9 10 Sec. 79 -2. Definitions. 11 12 The following definitions shall apply in the interpretation and enforcement of this 13 chapter: 14 15 Building. Any structure that encloses a space used for sheltering any occupancy. Each 16 portion of a building separated from other portions by a fire wall shall be considered as 17 a separate building. 18 19 Deterioration. The condition or appearance of a building, or parts thereof, characterized 20 by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical 21 decay, neglect, or lack of maintenance. 22 23 Dwelling. Any building which is wholly or partially used or intended to be used for living, 24 sleeping, cooking, eating, and sanitation, providing that temporary housing as 25 hereinafter defined shall not be regarded as a dwelling. 26 27 Garbage. The animal and /or vegetable waste resulting from the handling, preparation, 28 cooking, and /or consumption of food; and wastepaper, plastic, or related materials used 29 in the packaging and preparation of foods. 30 31 Good state of repair, good repair. A structure which is safe and habitable for its 32 ordinary and intended use, and the materials used therein or any fixture related thereto 33 must be sound, stable, and performing the function for which intended. 34 35 Good condition. The item is fully and safely operable for the use for which it was 36 intended. 37 38 Hotel unit. Any room or group of hotel rooms forming a single habitable unit used or 39 intended to be used for living and sleeping and which may not be used for cooking and 40 eating. For the purpose of this chapter, motel units and dormitory-type sleeping 41 accommodations shall be included in this category. 42 43 44 Infestation. The presence of insects, rodents, vermin, or other pests within or 45 contiguous to a structure or premises. 46 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: June 20, 2005 Ordinance 12, 2005 Nuisance. Anything that endangers life or health, gives offense to the senses, or obstructs reasonable use of any property or any act or activity prohibited by general, special, or local laws. Occupant. Any person living, sleeping, cooking, eating in, or having actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit. Operator. Any person who has charge, care, or control of a building or structure, or part thereof, which is subject to this code. Owner. Any person who alone or jointly has legal title to any building or structure, or part thereof, which is subject to this code. Person. Any individual, firm, corporation, association, partnership, or other legal entity. Rooming house. Any building or portion thereof containing guest rooms, where rent is paid, and guests are not transient. For the purpose of this chapter, boarding houses are included in this category. Rooming unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but including a kitchen. Rubbish. All combustible and noncombustible waste` materials except garbage, including, but not limited to, non - operating toys, bicycles, motorcycles, automobiles, mechanical equipment, and machines or parts thereof. Structure. That which is built or constructed. Temporary housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. Sec. 79 -3. Inspection. (a) The City of Palm Beach Gardens Code Enforcement Division, through its code inspectors, is hereby authorized to inspect from time to time all dwellings, hotels, rooming houses, and commercial, industrial, and institutional structures that are subject to the minimum property standards of this chapter. When a code inspector is required to enter onto private premises to make an inspection, he /she shall do so with the consent of the owner, operator, lessee, or occupant. In the event that consent to enter the premises is withheld, the code inspector may make application to the proper court for an order allowing access to the premises. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 20, 2005 Ordinance 12, 2005 (b) Inspection of all buildings or structures shall be made during reasonable hours. If the Code Enforcement Supervisor has cause to believe an immediate threat exists to the health, welfare, or safety of persons in or about any building or structure, he /she may direct that an inspection be made at anytime. Sec. 79-4. Code Enforcement Special Master; alternative means of enforcement. The City of Palm Beach Gardens Code Enforcement Special Master, pursuant to its authority under Chapter 2 of the City of Palm Beach Gardens Code of Ordinances, and under Chapter 162, Florida Statutes, shall have jurisdiction to hear and decide cases in which violations of this code are alleged; provided, however, that alternatively, the city may utilize the citation method of code enforcement or any other lawful means available, at its discretion. Sec. 79 -5. Maintenance and appearance standards for all structures. (a) The owner and operator of all real properties within the city shall maintain the exterior of the premises in such a manner to conform with all city codes and ordinances; to avoid blighting influences on neighboring properties; and to avoid the creation of hazards to public health, safety, and welfare. Properties shall be maintained in accordance with the following standards: (1) The exterior of all premises and every structure thereon, including all parts of the structure and appurtenances where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick, or stucco, or other conditions reflective of deterioration or inadequate maintenance. (2) All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti and void of any evidence of deterioration. (3) All off - street parking spaces shall be asphalt, concrete, block, or other surface or material approved by the City, and shall be smooth surfaced and in good repair in compliance with city codes. (4) Only one (1) principal color may be used on each structure, excluding those used to accent architectural features and /or trim, except where more than one (1) principal color is expressly approved by separate development order. 4 Date Prepared: June 20, 2005 Ordinance 12, 2005 (5) Property adjacent to dwelling structures shall be kept free from growth of weeds, rubbish, trash, and other refuse, and landscaping shall be maintained in good condition. (6) The entire yard where exposed to public view must be kept free of debris and accumulations of property and equipment which present an unsightly appearance from usual vantage points on adjacent streets and properties. Outdoor storage and the area used for such storage shall be maintained in a clean, neat, and presentable manner. Outside storage shall be confined to the required side yard setback between a building and an adjacent street or building. (7) The exterior premises shall be maintained so as to prevent the accumulation of stagnant water thereon. (8) The exterior premises shall remain free of hazards which include, but are not limited to, the following: a. Dead and dying trees and limbs. b. Loose and overhanging objects which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. c. Holes, excavations, breaks, projections, or obstructions. d. Excretions of pets and other animals on paths, walks, driveways, parking lots, and parking areas, and other parts of the premises which are accessible to or used by persons on the premises. e. Inadequate runoff drains for stormwater. f. Sources of infestation of rodents, vermin, and other pests. (b) Structures shall be kept in a clean and sanitary condition and in a good state of repair, including all equipment, sanitary facilities, yards, courts, driveways, lawns, and shrubbery. The owner and occupant shall prevent the infestation of rodents, vermin, and other pests within the structure he /she occupies or controls. (c) The owner and operator shall prevent animals or pets from creating an unsanitary condition or a nuisance on any premises in the owner's or operator's control. (d) Repairs and installations shall be made so as to comply with the provisions of the Florida Building Code and all other applicable regulations, laws, and /or codes. All work shall proceed in a timely fashion and be done in a workmanlike manner. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 20, 2005 Ordinance 12, 2005 Sec. 79-6. Required address numbers. Buildings shall have approved address numbers placed on the building in a position to be plainly legible and visible from the street or road fronting the property. (a) The resident, occupant, or owner of a single - family or two- family dwelling 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. The address numbers shall be displayed at a height of at least two (2) feet above grade and not higher than six (6) feet above grade. All numbers shall be Arabic numerals of at least four and half (4.5) inches in height, no greater than six (6) inches, and of a color that contrasts with the background color of the structure supporting the numbers. (b) 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 (12) inches in height. Numbers shall be in direct contrast with their background on which they are mounted and shall be either internally or extemally illuminated so they can be easily seen from the street or road fronting the building. When the front of the building does not face the street from which it is addressed, the sides of the building facing said street shall also have complying numbers. Properties under construction shall display a temporary number that meets the above requirements. Sec. 79 -7. Responsibilities of owners and operators of dwellings, hotel units, and rooming houses for let. The owner or operator of every dwelling unit, hotel unit, or rooming house for let shall, jointly and severally: (a) Be responsible for the sanitary and safe maintenance of all equipment, furnishings, walls, floors, ceilings, and other building parts, and the entire premises, including yards, courts, driveways, lawns, and shrubbery. (b) Provide shades, draperies, or other devices or materials for all windows which, when properly used, will afford privacy to the occupants of the unit. (c) 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; disposal of rubbish, garbage, lawn and shrubbery cuttings, leaves, and other waste material as provided by applicable law. SECTION 3. Section 86 -27 of the City of Palm Beach Gardens Code of Ordinances, entitled "Housing code adopted," is repealed in its entirety. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 20, 2005 Ordinance 12, 2005 SECTION 4. Article V "Weeds, Rubbish, Unsanitary Conditions" of Chapter 34 "Environment" of the City Code of Ordinances is repealed in its entirety. SECTION 5. Codification of this Ordinance is hereby authorized and directed. SECTION 6. This Ordinance shall become effective immediately upon adoption. PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of 2005, upon second and final reading. ATTEST: xw Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY LYA Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT CITY OF PALM BEACH GARDENS, FLORIDA mm Joseph R. Russo, Mayor AYE NAY ABSENT G: \attorney_sha re \ORDINANCES \property maintenance ord 12 2005 - dean.doc 7 Section 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, Chapter 34 "Weeds, Rubbish, Unsanitary Conditions" ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS* 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) *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. 34-122. 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. (a) Approval by city manager. The director of public works shall initiate no action pursuant to this section unless the city manager shall approve same in writing. (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: NOTICE OF PUBLIC NUISANCE 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 (DATE) City of Palm Beach Gardens, Florida BY Director of Public Works 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. 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 determines 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. 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. 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 owner of the property to pay the lien it may be enforced in the same manner as tax liens in favor of the city. (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. Sec. 34 -128. Records. The city shall keep a complete set of files and records relating to the liens authorized by this article. 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) NEIGHBORHOOD PRESERVATION INITIATIVE ORDINANCE 12, 2005 PRESENTATION OUTLINE Introduction, history and purpose of Ordinance 12, 2005 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 Project/Business 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 7/1/2005 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Community Aesthetics Board DATE: July 1, 2005 FROM: Mark Hendrickson, City Forester WMV SUBJECT: Neighborhood Tree Protection Initiative — Ordinance 26, 2005 At the September 30, 2004 City Council meeting, staff was directed to create an ordinance prohibiting the trimming and/or cutting down of trees prior to hurricanes. This directive came after residents of Prosperity Oaks Court complained about one of their neighbors cutting down large Oak trees located on his private property (in violation of the community deed restriction) and placing the debris in his front yard prior to Hurricane Frances, which created a safety issue. During and after the 2004 hurricane season, staff experienced a rash of tree removal and tree pruning violations citywide. As a result, staff has prepared Ordinance 26, 2005. This ordinance establishes pruning and tree removal regulations for single family and duplex residential property, which were previously exempt from the City's landscape code. The ordinance specifically addresses the prohibition of pruning and vegetation removal citywide during a "Tropical Storm Watch." The ordinance also amends the existing tree removal permitting process to include criteria for permitting tree removal citywide. Today, we have two standards, one for residential commonly owned property and one for individually owned private property. Healthy well pruned trees protect the welfare of our residents and business owners. The goal of this ordinance is to protect life and property through proper tree care by applying tree removal and tree pruning regulations to all properties within the City. This ordinance has some housecleaning items proposed, which include requiring the minimum open space for nonresidential developments to match the underlying zoning district, foundation landscaping for residential buildings three stories or higher and new definitions for specimen trees and street trees. Because of the scope of this ordinance, I recommend a public information campaign to provide information to our residents and business owners on the proposed ordinance and the requirements it sets forth. This is similar to the approach the Property Maintenance Standards Ordinance has taken to date. Date Prepared: June 17, 2005 ORDINANCE 26, 2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 78, "LAND DEVELOPMENT," RELATING TO THE VEGETATION PRUNING AND REMOVAL DURING SEVERE WEATHER EVENTS, GENERAL PRUNING AND THE PROTECTION OF TREES; AMENDING ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 8, "LANDSCAPING;" AMENDING ARTICLE VIII "DEFINITIONS;" PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 4, 2004 and on September 25, 2004, the City of Palm Beach Gardens was affected by Hurricane Frances and Jeanne that produced high winds and heavy rainfalls; and WHEREAS, the National Weather Service announced a severe weather warning for Palm Beach County, including the City of Palm Beach Gardens, prior to both events occurring on September 4, 2004, and September 25, 2004; and WHEREAS, it has become apparent as a result of the severe weather referenced above that it is in the public interest and for the safety of the community that reasonable precautions be made to assure that debris from untimely pruned or destroyed trees, palms and shrubs will not become a threat to infrastructure, buildings or residents of the City of Palm Beach Gardens; and WHEREAS, the City desires healthy trees, palms and other vegetation, which are pruned correctly and maintained by industry standards, because healthy plants create a safe environment for buildings and residents of the City of Palm Beach Gardens; and WHEREAS, it is in the public interest and the safety of the community to establish City -wide regulations governing the protection of trees that encourage the proliferation of trees within the City as well as their replacement, in recognition of their importance, which includes carbon dioxide absorption, oxygen production, dust filtration, wind and noise abatement, soil erosion prevention, aesthetic enhancement of the city's open space and the tangible and intangible promotion of a healthy environment for a well balanced community; and WHEREAS, City staff has initiated an amendment (Petition LDR 04 -13) to the City's Code of Ordinances to amend Chapter 78, "Land Development," Article V, "Supplementary District Regulations," Division 8, "Landscaping," and Article VIII "Definitions," to accomplish the better protection of trees within the City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 17, 2005 Ordinance 26, 2005 WHEREAS, on , 2005, the Community Aesthetics Broad recommended approval and adoption of the subject amendments to the City's Code of Ordinances; and WHEREAS, on , 2005, the Planning, Zoning and Appeals Board conducted a public hearing and recommended approval and adoption of the subject amendments to the City's Code of Ordinances; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends Article V, Division 8, Sections 78 -303, 78 -305, 78 -313, 78 -314, 78 -320, 78 -326 and 78 -328, Chapter 78 "Land Development" of the Code of Ordinances of the City of Palm Beach Gardens to read as follows (new language is underlined and bold, and deleted language is stricken thFough): Sec. 78 -303. Approval required. (a) Approval required. Unless otherwise provided within this division, land shall not be landscaped, cleared, or grubbed within the city, nor shall vegetation be removed, added to or relocated, unless written permission is first obtained by the city as outlined in this division. Furthermore, any no tree, except as provided for in this division, shall aot be cut down, destroyed, removed, or effectively destroyed as a result of damaging the tree or changing the natural grade within the drip line of a tree, without first obtaining city permission as described in section 78- 335 321, property owners ef developed SiRgle family lots and duplex lots are- Approved landscape and tree protection plans may not be altered in any way, unless otherwise provided for by this division. 2 Sec. 78 -305. Development application. (c) Application evaluation. Date Prepared: June 17, 2005 Ordinance 26, 2005 (7) Detailed Landscape plan. All landscape plans required by this article, except individual single - family and duplex lots or areas of one acre or less, whist} shall be sealed by a landscape architect licensed to practice in the state or prepared by another licensed professional authorized to prepare landscape plans by F.S. Chapter 481. Detailed landscape plans shall include but not be limited to the information listed below. b. Data table including the following information: specific values for trees shrubs, sod, palms, and specimen tees trees, plants, or palms clearly delineated and calculated open space points per 100 square feet for the total project, and percent of open space that is preservation area. This shall include necessary justification for why a species should be considered a specimen. Landscape plan —short form. Individual single familv and duplex lots or areas of approved landscape plans of one acre or less may submit a landscape plan without a landscape architect seal. The landscape plan or graphic shall depict all changes cleariv and to the satisfaction of the city. Sec. 78 -313. Minimum landscape requirements for nonresidential development. (a) Minimum open space requirements. The minimum o en s ace re iirement for all new nonresidential development shall be 15 percent land development regulations for" ss the nonresidential development lies within a residential zoning district in which case a minimum 35 percent open space is required iii",iffiW `iy th F and (d) Specimen trees. SpeGi vela tFeG6 6#ala be Gensidered X06ting Rat, a to ° —in good health and 13 On es of diameter at breast height (r1BH) or !@Fger, or tree At Io n t 5- pere-erit- eft# e- BBH-for- #e- r---speEt�ve- champiOR -tree in the -. state.. 3 Date Prepared: June 17, 2005 Ordinance 26, 2005 2 (1) A minimum of 25 percent of all specimen 3 trees are to be protected in place or relocated on site. Every possible attempt 4 shall be made to design the landscape plan so that specimen trees are 5 within commonly owned open space. Specimen trees located within 6 upland or wetland preservation areas may count towards the 25 percent 7 specimen tree protection requirement. 8 9 (2) F=XGGPtw0R- The 1,nt shall Ret apply if a planned upland preserve is set 10 . 11 • 1 -A-�eve, us made to a Gity beaUtifiGatien aGGOunt. The value of the tree 24 The .. • 's beaUtifiGatiOR and - - • -- dih2ll 2A,Wiee the • • 1 Sec. 78-314. Minimum landscape requirements for •- development. 35 (f) Specimen trees. A minimum of 25 percent of all specimen trees are to be 36 protected in place or relocated on site. Every possible attempt shall be made 37 to design the landscape plan so that specimen trees are within commonly 38 owned open space. Specimen trees located within upland or wetland 39 preservation areas may count towards the 25 percent specimen tree 40 protection requirement. 41 42 43 44 Sec. 78 -320. Foundation landscaping and plantings. 45 I ._ MAAI IFT�jr 13 rep!aGeFn8Rt tFeer., may be .. be 15 to be .. Femeyed. • the dGRGF, wR a WFitteR agFeeMeRt OF by a GUFety bGRd, for 180 • 1 -A-�eve, us made to a Gity beaUtifiGatien aGGOunt. The value of the tree 24 The .. • 's beaUtifiGatiOR and - - • -- dih2ll 2A,Wiee the • • 1 Sec. 78-314. Minimum landscape requirements for •- development. 35 (f) Specimen trees. A minimum of 25 percent of all specimen trees are to be 36 protected in place or relocated on site. Every possible attempt shall be made 37 to design the landscape plan so that specimen trees are within commonly 38 owned open space. Specimen trees located within upland or wetland 39 preservation areas may count towards the 25 percent specimen tree 40 protection requirement. 41 42 43 44 Sec. 78 -320. Foundation landscaping and plantings. 45 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: June 17, 2005 Ordinance 26, 2005 Plantings required. Foundation plantings for nonresidential buildings and residential buildings three stories or higher shall be installed as provided herein. (a) Location, purpose, and general standards. (1) Location. There shall be foundation landscaping within ten feet of all buildings and structures. (2) Purpose. The location and size of this foundation landscaping shall be of a height and quantity to visibly soften bare walls, accent building facades, and help direct pedestrian traffic to building entrances. (3) Irrigation. All foundation areas shall be irrigated and of the appropriate size to accommodate the mature size of the vegetation to be planted. (4) Minimum standards. The minimum standards for foundation landscaping shall be determined by the building height and function, and as set forth below. Buildingfoundation landscaping may be reduced or eliminated by action of the city. Street trees or mad right -of -way landscaping cannot be eliminated without city approval. a. The foundation planting area for a one -story building shall: 1. Be at least five feet wide, unless foundation landscaping would interfere with the intended use and function of a building; and 2. Extend along the portions of a facade that directly abut a parking area or vehicular use area, excluding entryways, doorways or other building improvements, as determined by the city. b. The foundation planting area for a building of two or more stories shall: 1. Be not less than 30 percent of the height of the adjacent wall; and 2. Extend along the portions of a facade that directly abut a parking or vehicular use area, excluding entryways, doorways or other building improvements, as determined by the city. c. At least one shade tree or palm cluster shall be installed for each 30 linear feet, or fraction thereof, of facade width. A minimum of one tree per facade shall be planted, and the remainder of the landscape area shall be treated appropriately with plantings and pedestrian accessways. Trees and palms shall be of an installed 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 17, 2005 Ordinance 26, 2005 size relating to the height of the adjacent wall or facade, as indicated in Table 30. Sec. 78 -326. Exemptions. (c ) Emergencies. The FequiFemeRts of this aFtiGie may be waived by the Gity No pruning or removal of vegetation, including trees and palms, shall occur on any properties within the City during the period of time the National Weather Service declares that Palm Beach County is within a "Tropical Storm Watch" weather category or higher, and /or the city is declared to be in a state of emergency. The city manager or designee is empowered to waive any requirement of this division as deemed necessary for the health, safety and welfare of its citizens and to accommodate the safe and efficient recovery of the city damaged by severe weather. Sec. 78 -328. Pruning. The pruning standards in this article shall apply ef4y to all +Fnpasareas within the city limits. SECTION 3. The City Council hereby creates a new Section 78 -335 "Tree Protection" of Article V, Division 8, Chapter 78 "Land Development" of the Code of Ordinances as follows: Sec. 78 -335. Tree Protection. The intent of this section is to protect trees post construction or throughout the life of a tree existing on developed lands. For the purpose of this section, palms shall be considered the same as trees. The purpose of this section is to establish rules and regulations governing the protection of trees through a permit system. (a) Tree removal general conditions. With the exception of street trees, trees with a caliper under thirteen (13) inches may be removed on single - family lots and duplex lots without obtaining a tree removal permit. Removal of all other tree(s) shall require a tree removal permit. Date Prepared: June 17, 2005 Ordinance 26, 2005 (1) Application for the tree removal permit on non - residential property or commonly owned land within residential property: a. A property owner may receive an administrative approval for removal of up to ten trees on any one plat per year. More than ten trees per plat for any one year or more than twenty trees per plat within three years shall require review and approval by the Community Aesthetics Board. The application for tree removal shall include at a minimum a picture of the tree(s) to be removed, and a statement whether or not it is a specimen tree, the reason(s) for its removal, and the proposed mitigation. If the reason for tree removal involves a utility, the applicant shall obtain a letter from the utility provider supporting the tree removal request. Tree removal permit fee shall be established by separate resolution. b. A sign with legible script the minimum dimensions of two (2) feet by three (3) feet shall be posted along each roadway or parcel which contains the trees to be removed, at the time of the application submittal to the city. The script shall say "This property owner proposes TREE REMOVAL," and a contact person, address and phone number for more information. c. The tree(s) to be removed shall be visibly tagged. d. Exception. A permit is not required for any tree on public property required to be removed or relocated pursuant to acts of the city, county, state or federal rules or policies. (2) Application for the tree removal permit on single - family, duplex and multi- family platted lots (short form): a. The application shall include at a minimum a picture of the tree(s) to be removed, and a statement of the reason(s) for its removal, and a description of the proposed replacement. If the reason for tree removal involves a utility, the applicant shall obtain a letter from the utility provider supporting the tree removal request. Tree removal permit fee shall be established by separate resolution. b. Exception. A tree removal permit is not required for a tree located in a building pad where a structure or improvement is to be placed pursuant to a building permit as, for example, vertical construction, screening or a driveway. 7 Date Prepared: June 17, 2005 Ordinance 26, 2005 (3) Criteria for tree removal permit. A tree removal permit may be issued if any of the following criteria are met: a. If the applicant has provided documentation that no minimum landscape requirements established by this Article or an existing development order would be violated by removing the tree. In the event that the conditions of a development order differ, then the development order shall apply. b. If a tree is of poor quality and condition, including visible signs of insect, disease of other natural or man -made damage that structurally may render the tree unsafe, as documented by a professional in the field of arboriculture, horticulture or similar profession, or by the City Forester. c. If a tree is a prohibited invasive tree as defined by the city; or d. If the applicant has provided documentation that a tree is creating ongoing safety problems for the existing development or structure. Such safety problems may include, but are not limited to obstructing vehicular visibility, damaging existing utility improvements, or damaging a structure, sidewalk or driveway apron. Documentation should demonstrate that all attempts have been made to save the tree using acceptable industry standards, such as root barriers, corrective pruning, or adjusting infrastructure, and that tree removal is the last resort. (4) Tree removal permit conditions. The City may issue a tree removal permit when the applicant for said permit has agreed to one of the following conditions: a. The tree will be relocated on -site using acceptable arboriculture and horticultural practices in South Florida. b. The tree, if removed, shall be substituted with a replacement or replacements approved by the city, and planted on site in a location that supports a mature canopy spread similar to the canopy of the tree removed. Replacement shall be equivalent to the tree caliper inches destroyed, measured by the caliper of the trees at 4'/2 feet above ground level. The minimum height of a replacement tree shall be twelve (12) feet. Trees on a single - family, duplex or multi - family lot, if destroyed, shall be replaced one for one. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 17, 2005 Ordinance 26, 2005 c. That the tree, if removed, shall be mitigated by the payment to the city's tree fund of 300% of the equivalent monetary value of the removed tree. (b) Violations. The removal or destruction of a specimen tree without a City tree removal permit shall be deemed a violation of this chapter, subject to a maximum fine of $5,000.00 for the first tree and a maximum fine of $5,000.00 for each additional tree. Tree replacement of a specimen tree may be stipulated through code enforcement proceedings rather than a fine, if the replacement tree has a value of $5,000.00 or more. SECTION 4. The City Council hereby amends Division Vlll, Section 78 -751 of the Code of Ordinances of the City of Palm Beach Gardens to read as follows (new language is underlined and bold, and deleted language is StF!GkeR Sec. 78 -751. Definitions. Specimen plant; or palm means a free; plant, or palm that is special for the reasons of uniqueness, quality, size, and -or shape, and excludes exsledieg exotic invasive species; listed in the city's landscape regulations. Specimen native tree means an existing or relocated native tree in good health having a diameter of 13 inches or greater at the base of the tree, or a tree at least 25 percent of the diameter at breast hei ht (D13H) of the respective champion tree recorded in the state as listed by the State Forestry Service. MM Specimen nonnative tree means an existing or relocated nonnative tree in good health that for reasons of uniqueness, quality, size, and /or shape are deemed a specimen tree by a landscape architect or similar profession and approved by the city through a development order. SECTION 5. Codification of this Ordinance is hereby authorized and directed. SECTION 6. This Ordinance shall become effective immediately upon adoption. O 1 PASSED this day of _ 2 3 PASSED AND ADOPTED this 4 and final reading. 5 6 CITY OF PALM BEACH GARDENS 7 8 BY: 9 Joseph Russo, Mayor 10 11 12 Eric Jablin, Vice Mayor 13 14 15 Jody Barnett, Councilmember 16 17 18 David Levy, Councilmember 19 20 21 Hal R. Valeche, Councilmember 22 23 24 ATTEST: 25 26 BY: 27 Patricia Snider, City Clerk 28 29 30 APPROVED AS TO FORM AND 31 LEGAL SUFFICIENCY 32 33 34 BY: 35 Christine P. Tatum, City Attorney 36 37 Date Prepared: June 17, 2005 Ordinance 26, 2005 2005, upon first reading. day of , 2005, upon second 10 FOR AGAINST ABSENT COMMUNITY AESTHETICS BOARD June 1, 2005 Minutes The Community Aesthetics Board met on June 1, 2005. The meeting was called to order at 5:33 PM in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida and was opened with the Pledge of Allegiance. I. ROLL CALL Members Present: William Olsen and Donna Wisneski, Jo Ann Lang, Sherry Levy, and Carolyn Waters Members Absent: Bettie Marks and Gail Vastola Also Present: Mark Hendrickson, Staff Liaison and City Forester, Cindy Unger, Alternate Staff Liaison and Grounds Superintendent, Debbie Andrea, Citizen Services Specialist, Amy Luetkemeyer, Pubic Relations Director, Kelvin Wise, Code Enforcement Supervisor, Mike Morrow, Operations Director and Allyson Maiwurm, Executive Assistant to the City Manager. II. APROVAL OF MINUTES The board approved the minutes from the April 6, 2005 meeting III. OLD BUSINESS Donna Wisneski asked Mark Hendrickson if he was able to follow -up on the Board's request to speak with the Post Office about cleaning up the inside of the building. Mark did not have any additional information as of this meeting but will have a report by the next meeting. IV. STAFF LIAISON REPORT Mark told the board that there are currently 2 vacancies on the Board and reminded the board members to pass on the word if they know anyone who is interested in joining the board. V. NEW BUSINESS Ordinance 12, 2005 Kelvin Wise, Code Enforcement Supervisor presented to the Board Ordinance 12, 2005. He gave a summary on the background of Ordinance 12, 2005. He stated that the Ordinance was developed because residence in Plats 1, 2 and 3 were complaining about the condition of their neighbor's property. This Ordinance will establish standards for maintenance of property that is not covered in the City Code and will give guidance to residents on how to keep their property updated. They City will also provide resources for residents who cannot afford home improvements. Kelvin stated that he is presenting this Ordinance to several of the City's Advisory Boards for their input. After speaking with the Advisory Boards he will be giving a presentation to City Council. The Board presented questions regarding Ordinance 12, 2005. Sherry Levy wanted to know if this Ordinance will cover structural as well as landscaping of residential property. Kelvin stated that it would cover the structure and that Code Enforcement would be issuing citations for properties that were not up to the code. There was a question about the time period that this Ordinance would go into affect. Kelvin stated that it would take approximately 6 months to implement the Ordinance. There was a question as to whether the Ordinance would include limitations on the color a person could paint their home. Kelvin stated that this was not included in the Ordinance. Donna Wisneski asked if homes were going to be required to have numbers on them. Kelvin stated yes, they are trying to enforce numbers being placed on homes because it makes it much easier for the Fire and Police Departments to identify a home in case of an emergency. There were also questions about the landscaping requirements. Kelvin stated that they want the grass to be trimmed and look green and healthy. The residents are going to resist regulation, so the Ordinance will leave room for the homeowner's individual taste but it must look clean and groomed. Donna asked how this Ordinance will be monitored. Kelvin stated that they are hiring two new code enforcement officers that will make it easier on staff to enforce the Ordinance. Staff will come to the next scheduled Board meeting to give a Power Point presentation and answer additional questions regarding Ordinance 12, 2005. Waste Management Information Mike Morrow told the Board that the City will be implementing an automatic trash service throughout the City. Mike explained that the garbage trucks will be equipped with an arm extension that will grab the garbage can and automatically dump trash in the truck. All residents will be issued a special garbage can for this purpose. He told the board that there are several public meetings scheduled to explain this service to the residents. This service will be implemented throughout the City over about a one year time frame. Different sections of the City will be rolled out at different times. VI. Next Meeting Power Point Presentation regarding Ordinance 12, 2005 Election of Vice Chair VII. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 6:31PM. Approval: Attest: Donna Wisneski, Chairperson Jo Ann Lang, Board Member Sherry Levy, Board Member Bettie Marks, Board Member William Olsen, Board Member Gail Vastola, Board Member Carolyn Waters, Alternate Board Member Susan Bell Public Information/ Recording Coordinator CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04 -03 SUBJECT /AGENDA ITEM Public Hearing and Recommendation to City Council: 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 /1 /' Costs: $ N/A [ ] App. w/ conditions Manag l� Total [ ]Denied Finance N/A Kelvin L. ise, B.S. [ ] Rec. approval Code Enforcement $ N/A [X] Rec. app. w/ conds. Development Supervisor Current FY [ ]Rec. Denial [ ] Quasi — Judicial Compliance N/A Bahareh Keshavarz- [ ] Legislative [ ] Continued to: Wolfs, [X] Public Hearing Funding Source: AICP [ ]Operating Advertised: Attachments: Growth Management Date: 6-17-05 [ X � Other NA Ordinance 12, 2005 Administrator • Code Section 86 -27 Charles K. Wu, AICP Paper: Palm Beach . Art. V of Chapter 34 Post [X] Required [ ] Not Required Budget Acct. #: N/A Approved By: Affected Parties: [ ] Notified [X] Not Required City Manager Date Prepared June 15, 2005 Meeting Date: June 28, 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. PROPOSEDLANGUAGE 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 proposed ordinance shall comply regardless of when the building or structure 2 Date Prepared June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04 -03 was built, altered or repaired. o The proposed ordinance shall operate in conjunction with the standard Florida Building Codes. Inspection. o The City's code inspectors are authorized to inspect from time to time all dwellings, hotels, rooming houses, and commercial, industrial and institutional structures. o 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: alternative 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 (6 ") and of a color that contrast with the background color of the Date Prepared June 15, 2005 Meeting Date: June 28, 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: • 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. • Owners or operators shall maintain shades, draperies or other devices which will afford privacy to the occupants. • 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 garner 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 civic groups. Funding would be sought through grant opportunities, bank partnerships and business partnerships through the Economic Development Advisory Board. 4 Date Prepared June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04-03 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. COMMUNITY AESTHETICS BOARD Staff presented the proposed ordinance to the Community Aesthetics Board (CAB) on June 1, 2005 for initial comments and discussion. Their final comments and recommendations are to be heard at their next meeting on July 7, 2005. SUMMARY OF COMMENTS FROM THE PLANNING, ZONING AND APPEALS BOARD WORKSHOP On June 14, 2005, Staff presented the proposed ordinance for discussion to the Planning Zoning and Appeals Board. The following comments and suggestions were received and incorporated into the proposed ordinance: Staff should conduct meetings with commercial property managers, homeowner associations and brief them on the positive benefits of the ordinance now as they are in the budget planning phase and they will need to consider how to allocate funds for maintenance. ■ Staff has compiled a list of property managers and homeowner association contacts. There are plans to conduct informational meetings as part of the public relations campaign with these individuals in order to garner support for the proposed ordinance How will information regarding the NPI be disseminated? How will the strategy be developed for the proposed ordinance? ■ There are plans to use direct mail, town hall meetings, CityLine and the City's website in order to disseminate information about the proposed ordinance. Compliance activity will begin by town hall meetings, presentations before HOA's, property managers, the Chamber of Commerce and all other interested groups. I Date Prepared June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04 -03 Does the proposed ordinance close loopholes that allow non - compliant conditions to exist on properties without specific conditions of approval? Does the ordinance address all issues that are currently un- enforced in the existing code? ■ The proposed ordinance addresses many loopholes without becoming over - regulatory. The proposed ordinance addresses many areas of the code which are vague or un- enforceable. As other areas of the code become identified as outdated or ineffective, they can be amended to reflect modern conditions. Does the ordinance contain specific technical specifications on certain non - compliant issues? ■ The proposed ordinance does not contain technical specifications. It was felt by staff that technical information would be unnecessary and cumbersome. How does the ordinance affect the intended operation of drainage swales? ■ The proposed ordinance does not adversely affect the way in which the City's drainage swales are designed to operate. Please elaborate on the Delray Beach model? y ■ The Delray Beach Model is called the Bootstrap Program with an annual budget of $75,000.00 generated from City revenue. It was created to help residential property owners improve the exterior of their homes. The program identifies certain areas each year so that whole neighborhoods can be improved. Their focus will be on the paint -up /fix -up portion of the program which includes simple repairs, paint jobs, yard clean -up and simple landscaping work. They provide an eligible resident with up to $4,500 to help pay for improvements. Some households may qualify for a full grant while others may qualify for a matching grant. Eligibility is determined by the number of people living in the house and the total income for the household. Has Delray Beach been successful with their program? • Discussions with Staff from the City of Delray Beach's Community Development Division indicate a very high degree of success. How will properties which refuse to comply be addressed? As with any other provision of code, non - compliant property owners will be cited through either the standard Code Enforcement process or through the use of Code Enforcement Citations. The language in section 34 -127 (Notice to remedy) which provides for recovery of expended funds should be incorporated into the new ordinance or put back in Chapter 34. I Date Prepared June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04-03 ■ Staff and the Legal Department believe that this language is antiquated and unnecessarily reproduces the cost recovery process in effect under the existing Code Enforcement Special Master process. How will the ordinance address properties that have approved stabilized grassed parking areas? ■ Stabilized grassed parking areas will be required to be maintained in a clean, and orderly fashion and kept free of litter and debris. Is there a quantitative definition of infestation? ■ No. There is no quantitative definition of infestation in the proposed ordinance or in the International Property Maintenance Code. Infestation is defined as the presence of insects, rodents or other vermin within or contiguous to a structure or premises. For repairs that must comply with the Florida Building Code, will permits be required for all work? ■ The scope of the work to be performed as determined by the Building Official will determine the necessity of building permits. Can address numbers be greater than six inches? ■ Under the proposed ordinance, residential numbers cannot exceed six inches in height. Staff believes that this is a reasonable maximum size address numbers should be. Is it necessary to require blinds, drapes etc in the proposed ordinance? ■ Under minimum housing standards for residential rental dwellings, owners are required to afford privacy to the occupants. As the proposed ordinance is congruent with accepted minimum standards for housing, staff believes it is necessary and appropriate to include this language. Would the proposed ordinance take priority over established homeowners' association articles? ■ The proposed ordinance is intended to supplement homeowners' association articles. It is Staffs position that common ground for compliance with the proposed ordinance and existing homeowner's articles can be found. Is there any mechanism or process for the City to require an HOA to amend their articles to be stricter? 7 Date Prepared June 15, 2005 Meeting Date: June 28, 2005 Ordinance 12, 2005 Petition: CO -04-03 ■ Staff is unaware of any mechanism or process which gives a municipality such authority. Has the proposed ordinance passed legal scrutiny? ■ The proposed ordinance has been reviewed by the City's legal Department and is acceptable. How does the proposed ordinance address graffiti? ■ Graffiti will be addressed in a different ordinance. How will individuals and properties be determined for eligibility for funds, labor and material assistance? ■ This is currently under review by Staff. individuals and properties can be reviewed by an independent citizen board or by staff to determine eligibility. Will the Code Enforcement Division have sufficient staff to enforce the proposed ordinance? Will the two additional positions be enough? ■ Currently, there are three Code Enforcement Officers for the City. Two additional positions have been requested in the next fiscal year. It is anticipated that this level will be a good starting point to build upon. Staff should develop a list of willing participants (banks, businesses, civic groups, etc) and use this when they approach individuals that may need assistance. ■ Staff is currently assembling a database of individuals and groups to approach regarding becoming partners in the Neighborhood Preservation Initiative. How will staff prevent irresponsible HOA's from shirking their responsibilities and dumping compliance issues on City staff? ■ Any HOA that failed to honor its responsibilities may be cited through the Code Enforcement Process in the same manner as an individual for failure to comply. PROPOSED TEXT CHANGES In response to input from the PZAB on June 14, 2005, Staff proposes that the definition of infestation in section 79 -2 be amended to include the phrase, "within or contiguous to a structure or premises ", and section 79 -5 (a)(3) be amended by adding, "or other surface or material approved by the City ".