HomeMy WebLinkAboutAgenda CAB 070605I
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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.
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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.
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10 Sec. 79 -2. Definitions.
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12 The following definitions shall apply in the interpretation and enforcement of this
13 chapter:
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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.
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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.
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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.
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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.
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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.
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35 Good condition. The item is fully and safely operable for the use for which it was
36 intended.
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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.
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44 Infestation. The presence of insects, rodents, vermin, or other pests within or
45 contiguous to a structure or premises.
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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.
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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.
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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.
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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.
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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
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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
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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.
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9 (2) F=XGGPtw0R- The 1,nt shall Ret apply if a planned upland preserve is set
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1 -A-�eve, us made to a Gity beaUtifiGatien aGGOunt. The value of the tree
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• 's beaUtifiGatiOR and - - • -- dih2ll 2A,Wiee the
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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.
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44 Sec. 78 -320. Foundation landscaping and plantings.
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IFT�jr
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rep!aGeFn8Rt tFeer., may be ..
be
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Femeyed.
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• 's beaUtifiGatiOR and - - • -- dih2ll 2A,Wiee the
•
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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.
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44 Sec. 78 -320. Foundation landscaping and plantings.
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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
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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.
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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
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12 Eric Jablin, Vice Mayor
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15 Jody Barnett, Councilmember
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18 David Levy, Councilmember
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21 Hal R. Valeche, Councilmember
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24 ATTEST:
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26 BY:
27 Patricia Snider, City Clerk
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30 APPROVED AS TO FORM AND
31 LEGAL SUFFICIENCY
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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 ".