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Town of Ocean Ridge |
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ORDINANCE NO. 548 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 1, SECTION 1-3 AMENDING THE DEFINITION OF ENCROACHMENT AS PERTAINING TO VEHICLES; AMENDING CHAPTER 34, NUISANCES, SECTION 34-163, REVISING PROVISIONS FOR THE APPROVAL OF LANDSCAPING OR OTHER ENCROACHMENTS WITHIN PUBLIC RIGHTS OF WAY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter
34, Article IV, provides a formal process for seeking the permission of the Town
Commission to cause, preserve or maintain an obstruction in a public right of
way; and WHEREAS,
the Town Commission has determined that the provisions of Chapter 34, Article
IV, as they presently exist are not effective or efficient; and WHEREAS,
the Town Commission has determined that it is in the interests of the Town to
simplify the requirements of Chapter 34, Article IV; and WHEREAS,
the definition of “Encroachment” found in the code pertains only to vehicles
and should not be confused with the encroachments referenced in the amendments
to Chapter 34, Article IV. NOW,
THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
Section
1.
Amendment. The
definition of “Encroachment” found in Chapter 1, Section 1-3, is amended to
read as follows: Encroachment,
vehicular means any protrusion of a vehicle
outside of a parking space or accessway into a landscaped area.
No vehicular encroachment
shall be allowed over or into any landscaped area.
Wheel stops or curbs shall be placed at least two feet from the edge of
all landscaped areas. Where a wheel
stop or curb is utilized, the paved area between the curb and the end of the parking
space may be omitted, provided the area is landscaped in addition to the
required landscaping provided for in this Code. Section
2.
Amendment. Chapter 34,
Article IV, is amended to read in its entirety as follows: Chapter 34 NUISANCES Article IV. OBSTRUCTION OF ROADS AND RIGHTS-OF-WAY Sec.
The provisions of F.S. §§ 861.01 and
861.011, as amended, regarding obstructing highway and transportation facilities
are hereby adopted. Sec. 34-162. Obstructions of and encroachments into rights-of-way unlawful.
(a) The obstruction of or
encroachment into any public right-of-way by fencing across or into the same, by
permitting any yard, landscape area, or landscape material to encroach upon the
public right-of-way so as to hinder safe and convenient vehicular or pedestrian
movement in the public right of way, or by the placement of, maintenance of or
causing any other encroachment in or to such right-of-way, or any part thereof,
is declared to be a public nuisance and may be abated as provided by law.
(b) Except as provided in
this article or as otherwise authorized by the town, the town shall have the
right to remove any obstruction or encroachment from any right-of-way and to
prohibit any use in a right of way. Sec. 34-163. Obstructions or encroachments permitted; procedure.
(a) Creation of obstruction or encroachment.
No person
shall create any obstruction or
encroachment, as defined above, in Section 34-161 or 34-162, on
any public right-of-way without receiving written permission, in advance,
for creation of the obstruction or encroachment,
from the town manager. An
application for such permission shall be submitted to the town manager and the
applicant shall pay an application fee, as may be established by resolution,
required at the time of submission of the application. The town
manager may grant permission to any applicant when the town manager
believes, based on such data as the town manager may require, that the proposed
obstruction or encroachment will not be detrimental to the health, safety or
welfare of the community in general and the rights of ingress and egress of the
surrounding property owners in particular. The
town manager shall require the applicant to execute a license agreement imposing
such conditions, including, but not limited to, requiring insurance and
security, providing that the permission granted is revocable at will and
providing for any other conditions that the town manager may deem necessary to
protect the interests of the town.
(b) Appeal.
If the town manager denies an application for permission to encroach
into a right-of-way, the applicant may appeal the town manager’s decision to
the town commission within 30 days after the receipt of the town manager’s
decision.
(c) Permission as license
only.
Any permissions granted by the town
manager to create, preserve or maintain an obstruction or encroachment
into or on a public right-of-way
constitutes a mere license by the Town regarding the temporary use of town
right-of-way property, which license is revocable at will by the Town with or
without cause. The granting of any
such license or licenses provides no person with any property rights in any
portion of any town right-of-way in or upon which such obstruction or
encroachment rests or occurs, nor is any right of use granted beyond that which
is specifically provided for herein.
(d) Termination
of encroachment or use.
Notwithstanding any section of this article to the contrary, the town
manager may terminate permission for any encroachment or use into or on the town
right-of-way by notifying, in writing, the owner or occupant of the abutting
property to remove any such obstructions or encroachments based on the town
manager’s determination that it is in the public interest to have such
obstruction or encroachment or use terminated or removed.
The town manager shall establish a reasonable time for termination or
removal pursuant to the procedures set forth in Section 34-164 below.
(e) Encroachments
authorized. Notwithstanding the
other provisions of this article and this section, the encroachments and uses set forth below are authorized in the parkway area only and except
as otherwise provided herein do not require the written permission of the town
for use of the right of way issued pursuant to this chapter.
(1)
City government facilities;
(2) Surface
and sub-surface city utilities; (3)
Federally approved mailboxes on break away posts subject to any policies
or procedures enacted by the town regarding precise locations within a
right-of-way or rights of way for such
facilities; and
(4)
Normal grassing. Sec. 34-164. Removal of obstructions and encroachments.
(a)
Removal required.
Any obstruction or
encroachment into or on
a public right-of-way shall be subject to the removal provisions of this
section.
(b)
Notice to remove. The town manager is hereby authorized and empowered
to notify, in writing, the owner of property abutting an obstruction or
encroachment into or on a public
right-of-way who has created, caused
or maintained said obstruction or encroachment of the existence of the
obstruction or encroachment and to direct said owner to remove or alleviate the
obstruction or encroachment. Such
notice shall be by registered or certified mail, addressed to the owner,
occupant or agent of the owner at his last known address.
Upon the failure, neglect or refusal of any owner, occupant or agent of
the owner notified pursuant to this section to remove or eliminate the
obstruction or encroachment described therein within the time limits stated in
the notice, or to obtain permission from the town manager to maintain said
obstruction or encroachment the town manager may authorize the removal of said
obstruction or encroachment without any further notice to the owner, occupant or
agent of the owner. The procedures
of this subparagraph (b) shall also apply upon the town
manager’s revocation of any permission granted for the creation or
maintenance of an obstruction or encroachment.
The cost of any such removal conducted by or at the direction of the town
shall be billed to the owner and upon the town’s failure to receive payment of
the bill within 30 days of its receipt, the charges for such services shall be a
lien against the abutting property which lien may be foreclosed as provided by
law. The procedures set forth in this article are in addition to, and not in
lieu of, any and all other enforcement procedures available to the town under this code or by
law.
(c)
No estoppel or waiver.
The failure of the town manager or town commission to require removal
of obstructions or encroachments existing without town
permission or to act within any specific time period to remove
obstructions or encroachments after notice is provided pursuant to
subparagraph (b) above, shall not serve as a waiver by or an estoppel against
the town’s right and authority to require the removal of any such obstructions
or encroachments at any time the town deems it desirable or appropriate to do
so. For purposes of this subsection
(c), references to the Town include, without exception, the town manager and the
Town Commission. Sec. 34-165. Public emergency.
In the event of a declared public
emergency, such as fire, hurricane, the spread of infectious or contagious
disease, or other public calamity, the town manager may authorize the removal of
any obstruction or encroachment without
prior notice, and without regard to the permission or notice provisions set
forth in section 34-163 and 34-164 above, if the circumstances reasonably
warrant such action. Section 3.
Codification. This
ordinance shall be codified in the Code of Ordinances of the Town of Ocean
Ridge, Florida. Section 4.
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 5. Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption. |
