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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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ORDINANCE NO. 550
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 1, SECTION 1-3, DEFINITIONS, ADDING THE DEFINITIONS OF “PARKWAY” AND “SWALE”; AMENDING CHAPTER 67, ARTICLE VII, BUILDING STANDARDS, DIVISION 1, MINIMUM REAL PROPERTY STANDARDS; SECTION 67-174, PROVIDING FOR MAINTENANCE AND APPEARANCE STANDARDS ON PRIVATE PROPERTY AND PUBLIC RIGHTS-OF-WAY; AMENDING SECTION 67-181 PROVIDING FOR NOTICE AND ENFORCEMENT OF THE PROVISIONS OF CHAPTER 67; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of Article VII, Division 1 of the Code of Ordinances as set forth in Section 67-171, is to improve, preserve or maintain the buildings and structures of the town, and to eliminate blighting influences; and
WHEREAS, proper landscaping and the maintenance thereof is an essential element of maintaining the character of the town and preventing blighting influences; and
WHEREAS, the right-of-way area between private property lot lines and the edge of pavement can require proper landscaping and the maintenance thereof to effectuate the purposes of Article VII, Division 1; and
WHEREAS, the parkway and swale areas (as hereafter defined) between private property lot lines and the edge of pavement are often perceived as and aesthetically appear to be extensions of the abutting property owner’s yard; and
WHEREAS, the Town Commission has determined that it is in the best interests of the Town and abutting property owners to rights-of-way that abutting property owners maintain landscaped parkways and swales.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE:
Section 1. Amendment. Chapter 1, Section 1-3, of the Town’s Code of Ordinances is hereby amended to include the following definitions:
Parkway means the area within any street right-of-way, which has a curb and gutter section, lying between the curb and the edge of the sidewalk, or, if there is no sidewalk, then lying between the curb and the edge of the right-of-way.
Swale means the area within any street right-of-way which has no curb or gutter section lying between the edge of the street pavement and the nearest edge of the sidewalk, or, if there is no such sidewalk, then lying between the edge of the street pavement and the edge of the right-of-way.
Section 2. Amendment. Article VII, Division 1, Section 67-174(c) is amended to read as follows:
(c) Landscaping. Except as herein provided, the entire yard must be landscaped. Height shall conform with all applicable town ordinances. Play areas, gardens, flower beds, compost beds or containers, driveways, walks or other landscape architectural features or accessory structures not intended to have vegetative cover should be clearly defined and maintained free of weeds. All landscaping shall comply with the provisions of Chapter 66, Article IV, Division 1, sections 66-119, 66-120, 66-125, Division 2, Division 3 and Division 4 of this land development code. In addition, landscaping shall be maintained in good condition, shall present a healthy, neat, and orderly appearance, and shall be free from refuse and debris. Property not meeting these standards will be considered deficient. A blighting influence on the surrounding neighborhood in violation of this division will exist if more than 33 percent of the yard area visible from any single vantage point-off the property is deficient.
Section 3. Amendment. Section 67-174 is amended to add a new subsection (d) as follows:
(d) Landscaping in Public Rights of Way. Swales and parkways shall be sodded or seeded by the abutting real property owner or occupant with grass, which shall be maintained to a height not greater than permitted by this code for the abutting property owner’s private property, or with other landscape materials as may be permitted or licensed by the town.
Section 4. Amendment. Section 67-181 is amended to read as follows:
Sec. 67-181. Notice.
(a) Form of notice. Whenever the administrative official determines there are reasonable grounds to believe that there has been a violation of this chapter or any reasonable rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefore, and such alleged violations shall constitute a nuisance. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons why it is being used and cite the applicable violations of this code;
(3) Include a description of the real estate sufficient for identification;
(4) With respect to required repairs, reconstruction, alterations, removal or demolition, if such are not voluntarily completed within the stated amount of time as set forth in the notice, the matter shall be heard in front of the code enforcement special master at a time, place and date specified in such notice; or upon showing of good faith, the administrative official may, for good cause, grant up to a 90-day extension of time in which to comply with the notice;
(5) With respect to an abutting property owner’s failure to maintain the swale or parkway area or adjacent vegetation, specify what maintenance must be performed and require the owner to maintain the swale area, parkway area or adjacent vegetation within ten (10) days of the receipt of the notice;
(6) State that the owner or abutting real property owner, as the case may be, will be liable for the costs of repair, removal, demolition or maintenance if performed by the town due to the owner’s or abutting real property owner’s failure to do so, and said costs, plus administrative charges, shall constitute a lien against the property;
(7) State that a lien will be recorded against the property;
(8) With respect to maintenance of the swale or parkway areas or adjacent vegetation, advise the abutting real property owner that upon subsequent failure to maintain said areas, the town may, without further notice to the abutting real property owner, take steps reasonably necessary to maintain the same, the cost of which, plus administrative charges, will be a lien against the property;
(9) Advise the abutting real property owner that subsequent failure to maintain the swale or parkway area or adjacent vegetation may be referred to the code enforcement board, and that fines may be levied as provided in Chapter 16 of the Code; and
(10) If the building has been declared unsafe and unfit, state the time occupants must vacate the building.
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.
FIRST READING this _____day of _______, 2004.
SECOND AND FINAL READING this ____ day of _________, 2004.
Commissioner offered the foregoing Ordinance and moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: KENNETH M. KALEEL, Mayor __________ BERND A. SCHULTE, Vice Mayor __________ LYNN ALLISON, Commissioner __________ ELISABETH P. B. BINGHAM, Commissioner __________ GEOFFREY PUGH, Commissioner __________
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this _________ day of ______________________, 2004. TOWN OF OCEAN RIDGE, FLORIDA
BY:________________________________ KENNETH M. KALEEL, MAYOR
ATTEST:__________________________
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