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ORDINANCE NO.  541

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING SECTION 34-6 OF THE CODE OF ORDINANCES, CONCERNING REMOVAL OF RUBBISH, NOXIOUS PLANTS, STAGNANT WATER AND WEEDS; PROVIDING FOR EXCEPTIONS TO ITS REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.    

WHEREAS, Section 34-6, Code of Ordinances, provides for the removal of rubbish, noxious plants, stagnant water and weeds which are declared to be a public nuisance; and   

WHEREAS, the Town Commission has determined that it is in the best interest of the Town and its residents to uniformly apply Section 34-6 throughout the Town except in specified circumstances where application is not practicable, allowable by law or necessary to protect life, property, the public health, or the public welfare; and  

WHEREAS, the Town Commission has determined that the designation of such exceptions is more properly effectuated through codification.   

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMISSION OF THE TOWN OF OCEAN RIDGE:  

Section 1.  Amendment. Section 34-6(a) is hereby amended by the addition of the following language and terms:

The provisions of this section with respect to stagnant water, vines, underbrush, weeds, grass (in excess of 12 inches in height), shall apply to all lots, tracts and parcels of land within the Town except the following:  

1)       Lots, tracts or parcels of land located in the Town’s 

Conservation zoning district.  

2)       Lots, tracts or parcels of land platted or designated in

     an approved site plan as preserve or preservation

     areas.

3)       Lots, tracts or parcels of land located in the Public Ownership zoning district and which are part of a park or recreation area designed and intended to remain in a natural vegetation state. 

4)       Lots, tracts or parcels of land containing protected species of plants or animals for which a permit would be required to be obtained from a federal, state or county regulatory agency. 
 

5)       Any lot, tract or parcel of land the only access to which consists of a public right-of-way which is or has, through no action of the property owner, been rendered impassable due to lack of improvements, maintenance or otherwise.

Section 2.  Codification.  This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.  

Section 3.  Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.  

Section 4.  Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.   

Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption.