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
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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.
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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
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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
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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.
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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.
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- 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
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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.
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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
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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
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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
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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.
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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,
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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
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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%
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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
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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.
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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”.
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[ ] 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
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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. 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.
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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.
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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
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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”.
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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.
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Date Prepared: June 20,2005
ORDINANCE 12,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA CREATING CHAPTER 79 OF THE
PALM BEACH GARDENS CODE OF ORDINANCES, ENTITLED
“PROPERTY MAINTENANCE STANDARDS”; REPEALING
“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:
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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
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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.
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Date Prepared: June 20,2005
Ordinance 12,2005
Nuisance. Anything that endangers life or health, gives offense to the senses, or
obstructs reasonable use of any property or any act or activity prohibited by general,
special, or local laws.
Occupant. Any person living, sleeping, cooking, eating in, or having actual possession
of a dwelling, dwelling unit, hotel unit, or rooming unit.
Operator. Any person who has charge, care, or control of a building or structure, or part
thereof, which is subject to this code.
Owner. Any person who alone or jointly has legal title to any building or structure, or
part thereof, which is subject to this code.
Person. Any individual, firm, corporation, association, partnership, or other legal entity.
Rooming house. Any building or portion thereof containing guest rooms, where rent is
paid, and guests are not transient. For the purpose of this chapter, boarding houses are
included in this category.
Rooming unit. Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but including a kitchen.
Rubbish. All combustible and noncombustible waste materials .except garbage,
including, but not limited to, non-operating toys, bicycles, motorcycles, automobiles,
mechanical equipment, and machines or parts thereof.
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.
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Date Prepared: June 20,2005
Ordinance 12,2005
(b) Inspection of all buildings or structures shall be made during reasonable hours.
If the Code Enforcement Supervisor has cause to believe an immediate threat exists to
the health, welfare, or safety of persons in or about any building or structure, 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.
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Date Prepared: June 20,2005
Ordinance 12, 2005
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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.
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(d) Repairs and installations shall be made so as to comply with the provisions of
the Florida Building Code and all other applicable regulations, laws, and/or codes. All
work shall proceed in a timely fashion and be done in a workmanlike manner.
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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.
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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.
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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)
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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
. ‘
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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 $500.00 per day for a
repeat violation.
(b) Whoever violates any provisions of this article for which another penalty is not
already otherwise provided, shall be subject to the penalty provisions set forth in
section 1-1 8.
(Code 1987, § 95.99)
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t ... .: . .
NEIGHBORHOOD PRESERVATION INITIATIVE
ORDINANCE 12,2005
PRESENTATION OUTLINE
I.
II.
Ill.
....... ...
Introduction, history and purpose of Ordinance 12,2005
Creation of Neighborhood Preservation Initiative
a. Goals of initiative
i: Neighborhood enhancement
ii. Maintain and improve property value
iii. Health, safety and welfare issue for all Gardens residents
iv. Implement standards but offer resources for residents who aren't capable of
complying with the standards without assistance (Le. financial assistance, labor)
1. Paint - Solid Waste Authority
2. Labor - Christ Fellowship, Temple Judea, United Way, City Volunteer
Program
3. Funding - Bank partnerships, Grant opportunities (Military Trail Grant
Program), Business partnerships through EDAB
b. Public Information Campaign
i. Create awareness about the positive impact standards will have on community
1. PamphletslMail pieces
2. NewsletterlNewspaper articles
3. -$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;
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.
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.
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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.
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Date Prepared: June 20,2005
ORDINANCE 12,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA CREATING CHAPTER 79 OF THE
PALM BEACH GARDENS CODE OF ORDINANCES, ENTITLED
“PROPERTY MAINTENANCE STANDARDS”; REPEALING
“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
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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.
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Date Prepared: June 20,2005
Ordinance 12,2005
Nuisance. Anything that endangers life or health, gives offense to the senses, or
obstructs reasonable use of any property or any act or activity prohibited by general,
special, or local laws.
Occupant. Any person living, sleeping, cooking, eating in, or having actual possession
of a dwelling, dwelling unit, hotel unit, or rooming unit.
Operator. Any person who has charge, care, or control of a building or structure, or part
thereof, which is subject to this code.
Owner. Any person who alone or jointly has legal title to any building or structure, or
part thereof, which is subject to this code.
Person. Any individual, firm, corporation, association, partnership, or other legal entity.
Rooming house. Any building or portion thereof containing guest rooms, where rent is
paid, and guests are not transient. For the purpose of this chapter, boarding houses are
included in this category.
Rooming unit. Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but including a kitchen.
Rubbish. All combustible and noncombustible waste materials .except garbage,
including, but not limited to, non-operating toys, bicycles, motorcycles, automobiles,
mechanical equipment, and machines or parts thereof.
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.
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Date Prepared: June 20,2005
Ordinance 12,2005
(b) Inspection of all buildings or structures shall be made during reasonable hours.
If the Code Enforcement Supervisor has cause to believe an immediate threat exists to
the health, welfare, or safety of persons in or about any building or structure, 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.
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Date Prepared: June 20,2005
Ordinance 12, 2005
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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.
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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.
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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.
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Date Prepared: June 20,2005
Ordinance 12,2005
SECTION 4. Article V "Weeds, Rubbish, Unsanitary Conditions" of Chapter 34
"Environment" of the City Code of Ordinances is repealed in its entirety.
SECTION 5. Codification of this Ordinance is hereby authorized and directed.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
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)
..
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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
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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 $500.00 per day for a
repeat violation.
(b) Whoever violates any provisions of this article for which another penalty is not
already otherwise provided, shall be subject to the penalty provisions set forth in
section 1-1 8.
(Code 1987, § 95.99)
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NEIGHBORHOOD PRESERVATION INITIATIVE
ORDINANCE 12,2005
PRESENTATION OUTLINE
I.
II.
Ill.
....... ...
Introduction, history and purpose of Ordinance 12,2005
Creation of Neighborhood Preservation Initiative
a. Goals of initiative
i: Neighborhood enhancement
ii. Maintain and improve property value
iii. Health, safety and welfare issue for all Gardens residents
iv. Implement standards but offer resources for residents who aren't capable of
complying with the standards without assistance (Le. financial assistance, labor)
1. Paint - Solid Waste Authority
2. Labor - Christ Fellowship, Temple Judea, United Way, City Volunteer
Program
3. Funding - Bank partnerships, Grant opportunities (Military Trail Grant
Program), Business partnerships through EDAB
b. Public Information Campaign
i. Create awareness about the positive impact standards will have on community
1. PamphletslMail pieces
2. NewsletterlNewspaper articles
3. -$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