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ORDINANCE NO. 555  

ORDINANCE OF THE TOWN OF OCEAN RIDGE, AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES, ENVIRONMENTAL REGULATIONS, BY AMENDING DIVISION 3, SECTION 66-151, TREE PERMITS, BY ADDING A NEW SUBSECTION 66.151(b)(7), PROVIDING FOR TRIMMING AND MAINTENANCE OF TREES ADJACENT TO OVERHEAD AND UTILITY LINES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE.  

WHEREAS,  during and after Hurricanes Francis and Jeanne, which struck the Town in September, 2004, power was interrupted to homes within the Town for long periods of time; and

WHEREAS, one significant reason for such power outages is damage to power lines and transformers caused by strong winds blowing tree limbs and branches into utility poles and lines from adjacent overgrown and oversized trees; and  

WHEREAS, the health, safety and general welfare of the public during and after such severe storms requires the provision of prompt power and of the utilities; and  

WHEREAS, the Town Commission finds that it is in the best interests of all of the citizens of the Town to reduce the impact of untrimmed and poorly maintained trees on the uninterrupted and/or prompt restoration of utilities to the Town in the case of natural disasters and other strong storm events.  

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

Section 1 - Amendment.           Chapter 66, Environmental Regulations, of the Code of Ordinances is                                                    hereby amended by adding a new Section 66.151(b)(7), Tree Trimming                                                    and Maintenance, to read as follows:  

            (7)        Tree Trimming and Maintenance:  Notwithstanding any other provisions contained in Chapter 66, Article IV, of this Code of Ordinances, all trees shall be trimmed and maintained so as not to come in contact or otherwise obstruct or interfere with power or other utility lines or facilities.  Property owners shall be responsible for complying with this subsection with respect to all trees located on their property, on privately granted utility easements for which their property exists as the servient estate and on any adjacent rights of way upon which the property owner has sought permission or a license from the Town to plant or maintain landscaping including trees.  No permit will be required from the Town for such trimming or maintenance provided, however, that such trimming or maintenance shall comply with the provisions of  Section 66-151(b)(6) above.  

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.