Loading...
HomeMy WebLinkAboutAgenda EDAB 090805ljiconomic Development Advisory Board Economic Development Advisory Board Thursday: September 8,2005 @ 8:30 a.m. Council Chambers, City Hall Meeting Agenda ill PALM BEACH CARDENS ASignrrtureGIy Kenneth Kahn, Chair October 13,2005 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Susan Bell, Public Information & Recording Coordinator 4. Approval of Minutes from May 12, 2005 5. Staff Report a. City Initiated Comprehensive Plan Changes to Allow for Economic Development Initiative in Palm Beach Gardens Update (Ordinances 4,7, and 9, 2005) Members Dolores Key, Staff Liaison i. 2nd Reading, Public Hearing & Authorization for Transmittal to DCA: City Council - June 16,2005 ii. Effective Date: September 1,2005 b. ED Project - PGA National DRI Build-Out Agreement c. ED Project - Anspach Companies Update d. EDAB Appointments for FY 2005 I2006 e. Targeted Expedited Permitting Program into Land Development Regulations (LDRs) - Michael Sanchez, Growth Management, Planning Manager a. Neighborhood Preservation Initiative - Kelvin Wise, Code Enforcement Supervisor 6. New Business 7. Establishment of Next Meeting Topic 8. Next Meeting Date 1O.Adjourn Dolores Key, Economic Development and Marketing Director r IA City- I n it i a ted Comprehensive Plan Element Amendments Future Land Use Element Text Conservation Element Capital Improvements Element Future Land Use Map City Council Discussion May 19, 2005 I Background 0 November 4, 2004: City Council of the City of Palm Beach Gardens authorized staff to initiate Comprehensive Plan amendments necessary to effectuate the City's economic development initiative. I ' 0 February 17 & 18, 2005: Public Hearing Transmittal Hearing. I 0 March 17, 2005: City Council discussion. 0 A ril 29, 2005: Department of Community Affairs issuec 0 t jections, Recommendations, and Comments (ORC Report. 0 Ma 9, 2005: Community Planning Session for Briger Tract 0 June 16, 2005: Scheduled date for adoption of at i urns Road Community Center. Comprehensive Plan amendments. r1 1 8 7 Goal of Economic Development lnitiativt L 0 Provide the citizenry of Palm Beach Gardens value-added employment opportunities through: 0 Expansion of companies already located in the City of Palm Beach Gardens. 0 Recruitment of new companies to Palm Beach Gardens. us aina I value-added jobs in Palm Beach Gardens to increase EP Non-residential uses, such as Research and Develo ment, require less demand on Ci services vs. residentiaf(e.g., Recreation Facilities, Fire,$olice). 8 Non-residential property has the ability to yield hipher revenue ys. residential property Save Our Homes Legislation - 3% cap Q Research and-Development generally generates 30% less traffic than residential. '- money f ow in order to diversify the tax base for more non- residential opportunities. increase on assessed va 1 ue). What does this mean? Maintaining the quality-of-life for City residents while reducing the City's dependency on residential tax revenue. Future Land Use Within Existing City Boundaries - 2003 i Induablal 2% Pmfarlonal Mflce 1% Consewdon 35% City of Palm Beach Gardeils - GIS Division, 2004 Nearly h of available land is currently dedicated to residentral uses and over 1/3 in conservation, IeJviny vei y Itttle available space for value-added employers 2 2003 Ad Valorem Tax Percentages Important Note: OTHER Signifies the Value-Added x Industrv Sector Comnercial Other 1.15% 20.06% ~ General Fund (Ad Valorem) = $52,714,507 LResidential 78.79% Current Amendments OOrdinance 7, 2005 - Future Land Use Map 0 Ordinance 4, 2005 - Text amendment to the Future Land Use Element relating to public/ institutional uses in MXD (3 Ordinance 8, 2005 - Text amendment to the Capital Improvements Element 0 Ordinance 9, 2005 - Text amendment to the Conservation Element 3 i 4 mprehensive Plan Process 0 There were ?bjectic , recommendations, or comments for the other CIE, F :, and Cvllservation amendments. 0 The report included one technical objection from FDOT associated with the Future Land Use Ma amendment (Ordinance 7., 2005), and requested that additionar data and analysis be provided to address it. I I 0 The nature of the objection related to traffic, specifically requestin short-range and long-range impacts to Interstate-95 and the F?orida Turnpike. The report also requested that peak hour and peak direction data be provided consistent with the MPO’s Long Range Transportation Plan and FDOT’s Work Program. 0 City‘s Traffic Consultant has coordinated with FDOT to meet and establish an agreed upon traffic methodology to respond to ORC. 0 Per Florida Statutes, the City has 60 days from receipt of the ORC report to ado t the amendments adopt the amendments with changes, or &ermine that it will not adopt the amendments. The last regularly scheduled City Council meeting within this time frame is June 16, 2005. 5 7 I. . -. Community Planning Session May 9, 2005 0 Approximately 48 citizens, City Council members staff, property owner and County Commissioner attended. i) Event was facilitated by outside consultant from Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart. 0 During the meeting, a number of issues were discussed in an interactive format relating to the desired and undesired uses and character of the Briger Tract. 0 A few residents sug ested a reduction in the square footage of the Research anc?Developrnent as part of the Future Land Use Map Amendment while others supported current CAP. 0 Staff has collected all the data from this meeting and has formulated it into a report that has been distributed to Counci I. 0 Upon Council direction, staff will post on City’s website and have CDs and/or hard copies made for all attendees. 1. Authorization to address the ORC Report: As a result of the one objection contained in the ORC Report and the feedback received at the Communit Planning Session, staff requests direction from the Council on t\e following: - Current Map data and anal sis is consistent; minor modifications to address 8RC Report. - Consistent with Economic Development Initiative. - Consistent. with Economic Develo ment Element in Cjty‘s Comprehensive Plan that DCA has teemed to be compliant. - Consistent with the Council.’s priority to diversify the City’s land use to accommodate appropriate non-residential land uses. - Cost to revise analysis to address ORC Report approximately $15,000 - $20,000. - Opportunit to further limit inten ity through the Rezoning and Deveyopment of Regional Imp 3 ct (DRI) process. 6 D - Cost to revise data and analysis at an alternate scenario additional $10,000. A. Authorization to address the ORC R port: - Current Map data and anal sis is consistent; minor le! modifications to address dRC Report. - Consistent with Economic Development Initiative. - Consistent. with Economic Develo ment Element in CIty's Comprehensive Plan that DCA has teemed to be compliant. - Consistent with the Council's priority to diversify the City's land use to accommodate appropriate non-residential land uses. - Costto revise anal sis to address ORC Report approximately $15,060 - $20,000. MARKET ANALYSIS FOR A 708.14 ACRE PARCEL KNOWN AS THE BRIGER TRACT FROM RESIDENTIAL LOW (RL) LAND USE DESIGNATION TO MIXED USE (MXD) LAND DESIGNATION AS A RESULT OF A CITY- WIDE ECONOMIC DEVELOPMENT INITIATIVE TO DIVERSIFY THE TAX BASE. SUBJECT AREA The Briger Tract is located within the municipal boundaries of the City of Palm Beach Gardens. The 708.14-acre parcel is generally bounded to the south by Hood Road, bounded to the east by the Residential Low (RL) San Michele community, the Benjamin School and Mixed Use (MXD) development, Legends at the Gardens, to the north by Donald Ross Road then the Town of Jupiter, to the west by Florida’s Turnpike and Palm Beach County Residential Community of East Pointe and bisected by Interstate 95 (FDOT State Road No. 9). DEMOGRAPHIC ANALYSIS Generally speaking, the Palm Beach Gardens’ workforce is comprised of professionals who are in the middle of their career cycle, stable and highly educated. Figures I, 2, & 3. Management, professional, and related fields account for 46.9% jobs held by Palm Beach Gardens’ citizens according to the U. S. Census 2000. See Figure I. Figure 1 Distribution of Occupations in Palm Beach Gardens 7 Manufacturing 6% Government workers (local, state, or federal) 10.9% Agriculture, forest fishing, 8 hunting 0.2% Management, Production, related 46.9% professional, and transportation and material moving 5.7% Construction, extraction, 8 maintenance 4.6% Farming. fishing 8 forestry 0.2% Sales 8 oftice 30.3% -Service 12.3% Source: GCT-PI3 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data Companies that require sqphisticated skill sets would be a proper “fit” for Palm Beach Gardens based on the number of residents that are currently employed in management and professional level jobs. 1 Figure 2 ? Median Age d Population Y Palm Boca Boyntcm Royal Wollington West Beach Raton Beach Palm Palm GIITJWIS krch Beach US CWISUS 2000 - DP .I Data Compiled from US Census 2000 - DP 1 Residents in Palm Beach Gardens are, most likely, midway through their employment cycle. Figure 3 50 45 40 35 15 10 5 0 ~~ Population 25 8 Over With Bachelor's Degree or Higher Data Compiled from US Census 2000 - DP 2 Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County which indicates that the workforce is comprised of professionals. 0 2 t As a further indication of skill sets, Palm Beach Gardens' residents enjoy higher earnings than their counterparts in other municipalities in Palm Beach County. Additionally, the small gap between median household and per capita income in Palm Beach Gardens seems to indicate that there is one 'breadwinner" or primary wage earner per household. See Figure 4. Typically speaking, the larger the gap between household and per capita income, the more likely it is that there are two or more people contributing to the household income. By contrast, the smaller the gap, the more likely it is that the monies are derived from other income sources such as investments in real estate, stock markets, etc. Normally, household and individual income levels are reliable indicators of skill sets and educational background and provide valuable insights to types of employment opportunities that are needed. Based on an analysis of the demographic data, one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to attract companies that pay an annual salary of $45,107 or higher (median salary + 10% = value-added employer for Palm Beach Gardens). Figure 4. Figure 4 Median Household Income vs Per Capita Income '-fl Data Compiled from US Census 2000 - DP 3 Data indicates that the majority family income is genemted from one breadwinner in Palm Beach Gardens' households. 3 As stated in Section 3.8 of the Economic Development Report that was presented to the Treasure Coast Regional Planning Council and adopted SRPP on December 15, 1995, “Services and Retail, the two fastest growing employment sectors in the Region, are highly reliant on tourism and in-migrating population for continued growth. This dependency causes fluctuating employment, and makes the local economy susceptible to economic cycles.” The service and retail sectors are not considered value-added employers under economic development parameters in Palm Beach Gardens given that value-added employment would require that wages exceed $451 07 per year. Therefore, it is necessary to seek other industry sectors that would be a more appropriate fit for the skill sets of Palm Beach Gardens’ residents. When analyzing the top employers within the municipal boundaries of Palm Beach Gardens, a definite shortage of value-added employment options for residents becomes evident. See Figure 5. There are 28,880 citizens in the labor force in Palm Beach Gardens according to the U.S. Census 2000: DP-3. When compared to the 46.9% of those that are classified by the Census Bureau as management, professional and other related fields, the City appears to be in a deficit situation in job creation. Ideally, Palm Beach Gardens should have had a minimum of 13,544 value-added employment options in the year 2000 in order to maintain a sustainable community. Simply stated, indications are that the vast majority of the employment base currently existing in Palm Beach Gardens does not match the skill sets of the residents. Figure 5 TOP EMPLOYERS IN PALM BEACH GARDENS COMPANY 1. Palm Beach Gardens Medical Center 2. Divosta & Company 3. PGA National Resort & Spa 4. The Wackenhut Corporation 5. City of Palm Beach Gardens 6. Implant Innovations, Inc. - 3i 7. South Florida Blood Bank 8. Catalfumo Construction 9. Belcan Corporation 10. LRP Publications 11. Palm Beach Gardens Marriott 12. Anspach Companies 13. WCI (Watermark Communitie: 14. Suffolk Construction # of EMPLOYEES 1,100 800 700 500 432 425 300 264 208 200 200 170 100 66 PRODUCT Health Care Construction Hotel Headquarters (Security) City Government Dental Implants (RID) Blood, Plasma Construction Aerospace Engineering Publishing - Periodicals Hotel Surgical Equipment (RID) Construction Construction Top 14 Corporations in PBG 2,603 Val ue-Added Jobs Source: 2003 Business Development Board - Palm Beach County’s Business Resource Bold font indicates those corporations that meet the criteria of value-added employers, 4 I 7 A historical analysis of business sector growth based on Occupational Licenses issued by the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to diversify the economy with value-added employer options. See Figure 6. Currently, since the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have been consolidated into a "commercial" category for evaluation purposes. The heavy emphasis on service and retail is typical for bedroom communities. Service and retail components of the economy, by definition, "spin" wealth rather than create wealth. Under normal circumstances, both the service and retail sectors are dependent upon monies that already exist in a geographic region. By contrast, the commercial, industrial, and manufacturing sectors export goods and therefore are not dependent on local money for survival. There are exceptions to the rule. Information Technology, for example, is usually considered a service sector industry, yet, is not dependent on the local customer base. Thanks to the capabilities of the World Wide Web and Internet connection, the transfer of intellectual knowledge or technology services is a simple click of a button. Figure 6 Growth Trends of Business Sector 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 +Commercial +Retail +Service City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004 The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth while the commercial sector, which creates new dollars in the local economy, has remained flat. Additionally, the U.S. economy is increasingly phasing into an intellectual knowledge driven marketplace. According to Richard Florida, author of The Rise of the Creative Class, human creativity is the ultimate economic resource and trends denote a shift 5 c from raw material and physical labor "products" to human intelligence, knowledge and creativity "products". Demographics indicate that Palm Beach Gardens' residents have the necessary skill sets to work in intellectual knowledge driven marketplace and those skills should be leveraged to attract companies whose products are based on intellectual knowledge and creativity. Therefore, expansion and recruitment of companies that match the skill sets of residents and provide value-added employment options becomes imperative in order to create a sustainable community. According to Richard Florida's research, about 113 of the workforce is comprised of the creative class and yet, it accounts for nearly half of all wage and salary income in the United States, or $1.7 trillion dollars - as much as the manufacturing and service sectors combined. Considering that five of the six top value-added employers' products are dependent upon creative I intellectual knowledge, coupled with the skill sets of the residents, Palm Beach Gardens is uniquely positioned to transition from industrial driven marketplace to intellectual driven marketplace. In order for a company to expand or relocate, land must be available for economic development purposes. Currently, the City's Future Land Use (FLU) allocation has not reserved land mass for companies seeking to expand operations or relocate to Palm Beach Gardens which could provide employment opportunities matching the skill sets of the residents, but rather, has concentrated on residential demands. The City wishes to diversify the economic base, provide viable employment options matching resident's skill sets, and therefore, the Future Land Use Element needs to be revised to reflect those goals. See Figure7. e Figure 7 Future Land Use Within Existing City Boundaries - 2003 Industrial 2% Publicm\ I -- Recreation EL Open Space Commercial Recreation Residential 46% Gdf 6% < -- Conservation 35% J City of Palm Beach Gardens - GIS Division, 2004 Nearly YZ of available land is currently dedicated to residential uses and over 113 in conservation leaving very little available space for value-added employers. e 6 Ordinance 48, 2004: The Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan was approved by City Council on December 16, 2004 and embraces economic principles and philosophies as exemplified in this marketing analysis. The Briger tract is one of the few remaining parcels of land within the municipal boundaries of Palm Beach Gardens that could be developed as economic engine; diversify the economy; transition employment opportunities from retail and service sector to an intellectual knowledge marketplace; and provide value-added jobs that would match the skill sets of the citizens. 7 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Originating Dept.: Community Services Code Enforcement Supervisor [ ] Quasi - Judicial [ ] Legislative [XI Public Hearing Date Prepared: June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 FINANCE: NIA I PZAB Action: Costs: $ N/A [ ] App. wl conditions [ ]Approved Total [ ] Denied [ ] Rec. approval $ NIA [XI Rec. app. wl conds. Current FY [ ] Rec. Denial [ ] Continued to: Funding Source: SUBJECT/AGENDA ITEM Public Hearing and Recommendation to City Councll: Petition CO-04-03/0rdinance 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”. - [ ] Operating Attachments: Advertised: Paper: Palm Beach Post [XI Required Budget Acct .#: Affected Parties: [ ] Notified [X] Not qequired .. Growth Management Date: 6-17-05 [XI Otherd Ordinance 12,2005 Code Section 86-27 Administrator Art. V of Chapter 34 Charles K. Wu, AlCP Approved By: [ ] Not Required NIA ................ ....... .. ....... ... \.’ : .. ,. ,- .. .. ..... .. .. .. ’City Manager ’. [x] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Christine Tatum Finance NIA Development Compliance NIA Bahareh Keshavarz- Wolfs, AlCP Date Prepared June IS, 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. PROPOSED LANGUAGE Staff believes that the proposed ordinance will provide the necessary objective standards that will provide the residents with the assurance that blight conditions are not allowed to develop. Staff recommends that Section 86-27 of the City Code be deleted as it is no longer applicable since the adoption of the Florida Building Code. Staff also recommends that Article V of Chapter 34 of the City Code be deleted as the proposed amendment addresses those issues in a more comprehensive manner. In general, the proposed language in Ordinance 12, 2005 establishes the following requirements regarding the minimum standards far maintenance of property and structures .. ... .... ....... .... ..... .. ...... ... ... I. I .. .. .. '1 (. .. in. the..City: -** ' ,. .. 1 .:. 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. n F\/qrv hilildinq nr S!riictt+lrp ip the City si-rhisct t~ the prnvi5iops nf the 3; yjiicn I/ 12 ~,ijll~ll~y ui ~~i~c~"r~ LI cliiiri iLii:~i aiidli LLirtpiy i ~:y~icli 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. 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. o The City may also use the citation method for enforcing the provisions of this code. o 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. e . 1 nspection. . Code Enforcement Special Master; alternative means of enforcement. 8 . . m 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 ip a timely fashion and a workmanlike manner. .. I 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 nr.rmerals of at least four and half inches (4 5") in hpiqht no gre=lter than six IRC;:CS; i6 3112 3; j ~013r tlltlt C~:;~~LISL d*;ilh (ti? bciZ;\yiccd;;ii Lui;, ,,I tili; 3 . Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: C0-04-03 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 roominrr houses for - let: o Owners or operators shall be responsible for sanitary and safe maintenance of all equipment, furnishings, walls, floors, ceilings, and other building parts and the entire premises. o Owners or operators shall maintain shades, draperies or other devices which will afford privacy to the occupants. o Owners or operators shall be responsible for the prompt and sanitary disposal of all garbage and trash through the use of approved mechanical equipment or by placing same in required containers as provided by applicable law. a ANALYSIS It is staffs 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 0 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 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 D civk c~rc:!Cs. Funding WOU!~ bo so!.rght thro:!gh grar,t oppnr?!:,mities. bank p.rlrtnciships ancl . ..., , maintenance,sta.ndards. as.set.forthh the proposed-ordinance. The first important element.:, .._ I.. . iJLjsii iess partrlersflips ti ii.lJLigii he tcoriorriic Developrr~rii Advisory Board. 4 I- . Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 I The third element is to create awareness of the NPI through pamphlets, mailings, 0 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 I, 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 0 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. m 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 7 How”wil1 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. .. :.. . .. .. . .. .. ... ... .. .. .. .. .. . .. . . .. .. .. .. .. .. . . .. . .. .. B 5 I' 1- Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 1 Does the proposed ordinance close loopholes that allow non-compliant conditions to exisf on properties without specific conditions of approval? Does the ordinance address all issues that are currently un-enforced in the existing code? ' 0 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? 9 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? *. ..' *l 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. 0 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 secfion 34-127 (Notice fo remedy) which provides for recovery of F.x,w!nded funds shou!d be incorporated info !he new ordinance or pi!! b&c in Chapter I .. J't. 6 Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 0 ' 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 properfies 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 fhere a quantitative definition of infestation? m 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 pennits be required for a// 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 if 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. ' . Wou!d the proposed .ordinance take priority aver.,established homeowners' ,.. associatian .. .. . '. . 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. .. .. 7 8 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 fiom 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”. 8 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 e 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-04-0310rdinance 12, 2005. .. . ,.. .. .. . .. . ..,,. .b. ... :. ,'. ... ..:;, . . , .. ... .. .. ., . .. . .. .. .. , . .I , * ,... . .. .. .. .. .. .... 9 b 4 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 B 26 27 28 29 30 31 32 33 34 35 36 37 38 .:‘.. 39 40 41 42 43 44 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 “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. SECTION 86-27 OF THE CITY CODE OF ORDINANCES, ENTITLED 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 ratified. SECTION 2. A new Chapter 79 of the Palm Beach Gardens Code of Ordinances .. .. .. . : .Chapter791 Prop’erty Maintenance Standards . . .. . . . to be entitled “Property Maintenance Standards” is created to read as follows: . . .... . .. .. .. .. 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 r!ar<lsps, The r!~j~,:\i.~;c; of \!-le: s‘:ariclai-c!s (3f i!:!\:; <:!-‘:.:!;;i?( is io jrl-!k>rc:;e, \):c:;;e;pL/p, arlci Date Prepared: June 20,2005 Ordinance 12,2005 .: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .. maintain the buildings and structures of the city and to eliminate blighting influences, wherever possible. Every building or structure in the city that is subject to the provisions of this chapter shall conform to the requirements of this chapter regardless of when the building or structure may have been constructed, altered, or repaired. This chapter does not replace or modify standards of other codes or ordinances regulating the construction, replacement, or repair of buildings or unsafe structures, but shall operate in conjunction with the standard Florida Building Codes and all other technical codes as adopted by ordinance. Sec. 79-2. Definitions. The following definitions chapter: shall apply in the interpretation and enforcement of this Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a fire wall shall be considered as a separate building. Deterioration. The condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, or lack of maintenance. Dwelling. Any building which is wholly or partially used or intended40 be used for living, sleeping, cooking, eating, and sanitation, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling. Garbage. The animal andlor vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic, or related materials used in the packaging and preparation of foods. Good state of repair; good repair. A structure which is safe and habitable for its ordinary and intended use, and the materials used therein or any fixture related thereto must be sound, stable, and performing the function for which intended. Good condition. The item is fully and safely operable for the use for which it was intended. . .. .. Hotel unit. Any room or group of. hotel rooms formin'g 'a single habitable unit used or . intended -to.be dsed for 'livihg. arid.slsepingmd'.which. may 'not be use~.for:Cob.king'and. :. . eating. For the purpose of this chapter, motel units and dormitory-type sleeping accommodations shall be included in this category. ' Infestation. The presence of insects, rodents, vermin, or other pests within or contiguous to a structure or premises. 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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. Sfructure. 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PI' 23 e 26 27 28 29 30 31 32 33 34 35 36 37 38 . .39 40 41 42 43 44 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, helshe 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: I. 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. 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. All off-street parking spaces shall be asphalt, concrete, block, or other surface or'material approved by the City, and shall be smooth surfaced (4) Only one (I) principal color may be used on each structure, excluding those used to accent'architectural features andlor 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 1 e 4 6 7 8 9 10 11 12 14 15 17 18 19 20 21 22 5 (6) 13 (7) 16 (8) 26 27 28 29 30 31 32 33 34 35 36 37 38 . :3!$ 40 41 42 43 44 45 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. 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. The exterior premises shall be maintained so as to prevent the accumulation of stagnant water thereon. 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~ondition or a nuisance on any premises in the owner's or operator's control. *..: .: .. . .. .. . .... , . . . . .. .: . ; " . .. . .. . .. .'... . .. ,.,..'-., . ,. .I .. ;: ' .: .I . . . .. (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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 & 26 27 28 29 30 31 32 33 34 35 36 37 38 . ..39 40 41 42 43 44 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 externally 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 req u i rem en ts. 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 OF 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. .. ... .. . '. # .i .: . .. .. . .. ._. " % i . ' _: ~ . .. .. ,, .;. .. ' .. .. .. , . . , .. ._ ._ . , . .. ' .. : .. . , .. .. . . . . ... SECTION 3. Section 86-27 of the City of Palm Beach Gardens Code of 9z-!inmces, entitled "Hoi~sing cock adop?ed," is xpmlecl in its mtirely. 6 .: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e 26 27 28 29 30 31 32 33 34 35 36 37 38 :. . .39 40 41 42 43 44 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. PASS ED this day of ,2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: ~r: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE ,NAY ABSENT --- MAYOR RUSSO --- .. .. .. .. .. .. ,. . . .. COUNClLMEM,BER VALECHE I.. . COUNCILMEMBER BARNETT --- Section 86-27 Housing Code Adopted 0 ***** (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, 5 150.02; Ord. No. 23-1 995; $5 2, 3, 10-5-95; Ord. No. 43-1 99732, 10-9- 97; Ord. No. 38-2002,s 2, 10-3-02; Ord. No. 17-2004, 5 5,6-3-04) .. . . . :. . . :-. . .. . ,. ... ._.. . .... ..; , .', . .. .. . ..f.. , '. . .. . .. . . .... . ... . .' . . .. .. .., ..*... ' Article V, Chapter 34 “Weeds, Rubbish, Unsanitary Conditions” ***** ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS” Sec. 34421, 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 1987,995.20) *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. I1 8. 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 gFoUnd 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 1987,595.21) . 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’unaccupied, aird 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 . ‘ I )F 0:- 3 ‘,(;c:;i)alltc; rlf ,I :,:~r;1:il~-!~ ,i:l/ ;’t 4 I i 1) kii;,irii:lg TI1 ’1 0 .. ’ .. 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 L NAME OF OWNER ADDRESS OF OWNER Our records indicate that you are the owner@) 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 . . . . ;. . i , .. . . ; . .. . ' .. c .. '. ... -,. .. Set. 34-12~$~ 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 I.,. no less than ii-ie ii1.jr i-r-w)~~; lii:::i-i teri da!;s vviiei) tile p:~. rig i,.lsec! for a 0 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. S6c. 34-127. Reeovery of cityexpenses. (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 z. incurring the expense, and a copy will be directed to the owner of the affected 0 property, whereupon the expense shall become payable by the owner within 30 (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. days. 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 $500.00 per day for a repeat violation. (b) Whoever violates any provisions of this article for which another penalty is not already otherwise provided, shall be subject to the penalty provisions set forth in section 1-1 8. (Code 1987, § 95.99) .. ....: . .. .. : .. . .: . .:. ., '. ' ' ,:;. : ... .. . .._ . . .. .'. . .. . .. .. : *. .. .. t ... .: . . NEIGHBORHOOD PRESERVATION INITIATIVE ORDINANCE 12,2005 PRESENTATION OUTLINE I. II. Ill. ....... ... Introduction, history and purpose of Ordinance 12,2005 Creation of Neighborhood Preservation Initiative a. Goals of initiative i: Neighborhood enhancement ii. Maintain and improve property value iii. Health, safety and welfare issue for all Gardens residents iv. Implement standards but offer resources for residents who aren't capable of complying with the standards without assistance (Le. financial assistance, labor) 1. Paint - Solid Waste Authority 2. Labor - Christ Fellowship, Temple Judea, United Way, City Volunteer Program 3. Funding - Bank partnerships, Grant opportunities (Military Trail Grant Program), Business partnerships through EDAB b. Public Information Campaign i. Create awareness about the positive impact standards will have on community 1. PamphletslMail pieces 2. NewsletterlNewspaper articles 3. -$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. HOAslPOAs ii. Pilot ProjectlBusiness Partnership iii. Delray Beach Model 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 June 28,2005 ii. ..CAB 1. ., .: .__. : . ; . July..6;.2005 : i. PZAB iii. EDAB July 14,2005 .' i. First Reading ' August 4,2005 ii. Adoption August 18,2005 b. Follow-up meeting with Advisory Boards . .... .... .... .. .. ...... .:,: . '. : , ... .. , ... .. ;. .. c. City Council d. Grace periodlPublic Education Campaign e. Implementation March 1,2006 August 19, 2005 thru February 28, 2006 7/1/2005 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Originating Dept.: Community Services Code Enforcement Supervisor [ ] Quasi - Judicial [ ] Legislative [XI Public Hearing Date Prepared: June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 FINANCE: NIA I PZAB Action: Costs: $ N/A [ ] App. wl conditions [ ]Approved Total [ ] Denied [ ] Rec. approval $ NIA [XI Rec. app. wl conds. Current FY [ ] Rec. Denial [ ] Continued to: Funding Source: SUBJECT/AGENDA ITEM Public Hearing and Recommendation to City Councll: Petition CO-04-03/0rdinance 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”. - [ ] Operating Attachments: Advertised: Paper: Palm Beach Post [XI Required Budget Acct .#: Affected Parties: [ ] Notified [X] Not qequired .. Growth Management Date: 6-17-05 [XI Otherd Ordinance 12,2005 Code Section 86-27 Administrator Art. V of Chapter 34 Charles K. Wu, AlCP Approved By: [ ] Not Required NIA ................ ....... .. ....... ... \.’ : .. ,. ,- .. .. ..... .. .. .. ’City Manager ’. [x] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Christine Tatum Finance NIA Development Compliance NIA Bahareh Keshavarz- Wolfs, AlCP Date Prepared June IS, 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. PROPOSED LANGUAGE Staff believes that the proposed ordinance will provide the necessary objective standards that will provide the residents with the assurance that blight conditions are not allowed to develop. Staff recommends that Section 86-27 of the City Code be deleted as it is no longer applicable since the adoption of the Florida Building Code. Staff also recommends that Article V of Chapter 34 of the City Code be deleted as the proposed amendment addresses those issues in a more comprehensive manner. In general, the proposed language in Ordinance 12, 2005 establishes the following requirements regarding the minimum standards far maintenance of property and structures .. ... .... ....... .... ..... .. ...... ... ... I. I .. .. .. '1 (. .. in. the..City: -** ' ,. .. 1 .:. 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. n F\/qrv hilildinq nr S!riictt+lrp ip the City si-rhisct t~ the prnvi5iops nf the 3; yjiicn I/ 12 ~,ijll~ll~y ui ~~i~c~"r~ LI cliiiri iLii:~i aiidli LLirtpiy i ~:y~icli 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. 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. o The City may also use the citation method for enforcing the provisions of this code. o 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. e . 1 nspection. . Code Enforcement Special Master; alternative means of enforcement. 8 . . m 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 ip a timely fashion and a workmanlike manner. .. I 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 nr.rmerals of at least four and half inches (4 5") in hpiqht no gre=lter than six IRC;:CS; i6 3112 3; j ~013r tlltlt C~:;~~LISL d*;ilh (ti? bciZ;\yiccd;;ii Lui;, ,,I tili; 3 . Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: C0-04-03 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 roominrr houses for - let: o Owners or operators shall be responsible for sanitary and safe maintenance of all equipment, furnishings, walls, floors, ceilings, and other building parts and the entire premises. o Owners or operators shall maintain shades, draperies or other devices which will afford privacy to the occupants. o Owners or operators shall be responsible for the prompt and sanitary disposal of all garbage and trash through the use of approved mechanical equipment or by placing same in required containers as provided by applicable law. a ANALYSIS It is staffs 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 0 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 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 D civk c~rc:!Cs. Funding WOU!~ bo so!.rght thro:!gh grar,t oppnr?!:,mities. bank p.rlrtnciships ancl . ..., , maintenance,sta.ndards. as.set.forthh the proposed-ordinance. The first important element.:, .._ I.. . iJLjsii iess partrlersflips ti ii.lJLigii he tcoriorriic Developrr~rii Advisory Board. 4 I- . Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 I The third element is to create awareness of the NPI through pamphlets, mailings, 0 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 I, 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 0 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. m 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 7 How”wil1 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. .. :.. . .. .. . .. .. ... ... .. .. .. .. .. . .. . . .. .. .. .. .. .. . . .. . .. .. B 5 I' 1- Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 1 Does the proposed ordinance close loopholes that allow non-compliant conditions to exisf on properties without specific conditions of approval? Does the ordinance address all issues that are currently un-enforced in the existing code? ' 0 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? 9 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? *. ..' *l 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. 0 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 secfion 34-127 (Notice fo remedy) which provides for recovery of F.x,w!nded funds shou!d be incorporated info !he new ordinance or pi!! b&c in Chapter I .. J't. 6 Date Prepared June 15,2005 Meeting Date: June 28,2005 Ordinance 12,2005 Petition: CO-04-03 0 ' 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 properfies 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 fhere a quantitative definition of infestation? m 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 pennits be required for a// 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 if 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. ' . Wou!d the proposed .ordinance take priority aver.,established homeowners' ,.. associatian .. .. . '. . 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. .. .. 7 8 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 fiom 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”. 8 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 e 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-04-0310rdinance 12, 2005. .. . ,.. .. .. . .. . ..,,. .b. ... :. ,'. ... ..:;, . . , .. ... .. .. ., . .. . .. .. .. , . .I , * ,... . .. .. .. .. .. .... 9 b 4 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 B 26 27 28 29 30 31 32 33 34 35 36 37 38 .:‘.. 39 40 41 42 43 44 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 “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. SECTION 86-27 OF THE CITY CODE OF ORDINANCES, ENTITLED 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 ratified. SECTION 2. A new Chapter 79 of the Palm Beach Gardens Code of Ordinances .. .. .. . : .Chapter791 Prop’erty Maintenance Standards . . .. . . . to be entitled “Property Maintenance Standards” is created to read as follows: . . .... . .. .. .. .. 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 r!ar<lsps, The r!~j~,:\i.~;c; of \!-le: s‘:ariclai-c!s (3f i!:!\:; <:!-‘:.:!;;i?( is io jrl-!k>rc:;e, \):c:;;e;pL/p, arlci Date Prepared: June 20,2005 Ordinance 12,2005 .: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .. maintain the buildings and structures of the city and to eliminate blighting influences, wherever possible. Every building or structure in the city that is subject to the provisions of this chapter shall conform to the requirements of this chapter regardless of when the building or structure may have been constructed, altered, or repaired. This chapter does not replace or modify standards of other codes or ordinances regulating the construction, replacement, or repair of buildings or unsafe structures, but shall operate in conjunction with the standard Florida Building Codes and all other technical codes as adopted by ordinance. Sec. 79-2. Definitions. The following definitions chapter: shall apply in the interpretation and enforcement of this Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a fire wall shall be considered as a separate building. Deterioration. The condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, or lack of maintenance. Dwelling. Any building which is wholly or partially used or intended40 be used for living, sleeping, cooking, eating, and sanitation, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling. Garbage. The animal andlor vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic, or related materials used in the packaging and preparation of foods. Good state of repair; good repair. A structure which is safe and habitable for its ordinary and intended use, and the materials used therein or any fixture related thereto must be sound, stable, and performing the function for which intended. Good condition. The item is fully and safely operable for the use for which it was intended. . .. .. Hotel unit. Any room or group of. hotel rooms formin'g 'a single habitable unit used or . intended -to.be dsed for 'livihg. arid.slsepingmd'.which. may 'not be use~.for:Cob.king'and. :. . eating. For the purpose of this chapter, motel units and dormitory-type sleeping accommodations shall be included in this category. ' Infestation. The presence of insects, rodents, vermin, or other pests within or contiguous to a structure or premises. 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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. Sfructure. 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PI' 23 e 26 27 28 29 30 31 32 33 34 35 36 37 38 . .39 40 41 42 43 44 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, helshe 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: I. 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. 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. All off-street parking spaces shall be asphalt, concrete, block, or other surface or'material approved by the City, and shall be smooth surfaced (4) Only one (I) principal color may be used on each structure, excluding those used to accent'architectural features andlor 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 1 e 4 6 7 8 9 10 11 12 14 15 17 18 19 20 21 22 5 (6) 13 (7) 16 (8) 26 27 28 29 30 31 32 33 34 35 36 37 38 . :3!$ 40 41 42 43 44 45 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. 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. The exterior premises shall be maintained so as to prevent the accumulation of stagnant water thereon. 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~ondition or a nuisance on any premises in the owner's or operator's control. *..: .: .. . .. .. . .... , . . . . .. .: . ; " . .. . .. . .. .'... . .. ,.,..'-., . ,. .I .. ;: ' .: .I . . . .. (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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 & 26 27 28 29 30 31 32 33 34 35 36 37 38 . ..39 40 41 42 43 44 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 externally 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 req u i rem en ts. 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 OF 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. .. ... .. . '. # .i .: . .. .. . .. ._. " % i . ' _: ~ . .. .. ,, .;. .. ' .. .. .. , . . , .. ._ ._ . , . .. ' .. : .. . , .. .. . . . . ... SECTION 3. Section 86-27 of the City of Palm Beach Gardens Code of 9z-!inmces, entitled "Hoi~sing cock adop?ed," is xpmlecl in its mtirely. 6 .: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e 26 27 28 29 30 31 32 33 34 35 36 37 38 :. . .39 40 41 42 43 44 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. PASS ED this day of ,2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: ~r: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE ,NAY ABSENT --- MAYOR RUSSO --- .. .. .. .. .. .. ,. . . .. COUNClLMEM,BER VALECHE I.. . COUNCILMEMBER BARNETT --- Section 86-27 Housing Code Adopted 0 ***** (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, 5 150.02; Ord. No. 23-1 995; $5 2, 3, 10-5-95; Ord. No. 43-1 99732, 10-9- 97; Ord. No. 38-2002,s 2, 10-3-02; Ord. No. 17-2004, 5 5,6-3-04) .. . . . :. . . :-. . .. . ,. ... ._.. . .... ..; , .', . .. .. . ..f.. , '. . .. . .. . . .... . ... . .' . . .. .. .., ..*... ' Article V, Chapter 34 “Weeds, Rubbish, Unsanitary Conditions” ***** ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS” Sec. 34421, 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 1987,995.20) *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. I1 8. 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 gFoUnd 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 1987,595.21) . 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’unaccupied, aird 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 . ‘ I )F 0:- 3 ‘,(;c:;i)alltc; rlf ,I :,:~r;1:il~-!~ ,i:l/ ;’t 4 I i 1) kii;,irii:lg TI1 ’1 0 .. ’ .. 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 L NAME OF OWNER ADDRESS OF OWNER Our records indicate that you are the owner@) 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 . . . . ;. . i , .. . . ; . .. . ' .. c .. '. ... -,. .. Set. 34-12~$~ 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 I.,. no less than ii-ie ii1.jr i-r-w)~~; lii:::i-i teri da!;s vviiei) tile p:~. rig i,.lsec! for a 0 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. S6c. 34-127. Reeovery of cityexpenses. (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 z. incurring the expense, and a copy will be directed to the owner of the affected 0 property, whereupon the expense shall become payable by the owner within 30 (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. days. 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 $500.00 per day for a repeat violation. (b) Whoever violates any provisions of this article for which another penalty is not already otherwise provided, shall be subject to the penalty provisions set forth in section 1-1 8. (Code 1987, § 95.99) .. ....: . .. .. : .. . .: . .:. ., '. ' ' ,:;. : ... .. . .._ . . .. .'. . .. . .. .. : *. .. .. t ... .: . . NEIGHBORHOOD PRESERVATION INITIATIVE ORDINANCE 12,2005 PRESENTATION OUTLINE I. II. Ill. ....... ... Introduction, history and purpose of Ordinance 12,2005 Creation of Neighborhood Preservation Initiative a. Goals of initiative i: Neighborhood enhancement ii. Maintain and improve property value iii. Health, safety and welfare issue for all Gardens residents iv. Implement standards but offer resources for residents who aren't capable of complying with the standards without assistance (Le. financial assistance, labor) 1. Paint - Solid Waste Authority 2. Labor - Christ Fellowship, Temple Judea, United Way, City Volunteer Program 3. Funding - Bank partnerships, Grant opportunities (Military Trail Grant Program), Business partnerships through EDAB b. Public Information Campaign i. Create awareness about the positive impact standards will have on community 1. PamphletslMail pieces 2. NewsletterlNewspaper articles 3. -$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. HOAslPOAs ii. Pilot ProjectlBusiness Partnership iii. Delray Beach Model 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 June 28,2005 ii. ..CAB 1. ., .: .__. : . ; . July..6;.2005 : i. PZAB iii. EDAB July 14,2005 .' i. First Reading ' August 4,2005 ii. Adoption August 18,2005 b. Follow-up meeting with Advisory Boards . .... .... .... .. .. ...... .:,: . '. : , ... .. , ... .. ;. .. c. City Council d. Grace periodlPublic Education Campaign e. Implementation March 1,2006 August 19, 2005 thru February 28, 2006 7/1/2005