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Home My WebLink AboutO-2003-008 Swale Maintenance ORDINANCE NO. 2003-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 22-5 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PROPERTY OWNERS OR TENANTS WHO ABUT CITY SWALE AREAS ARE REQUIRED TO PLANT GRASS AND MAINTAIN SUCH AREAS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA-. Section 1. That Section 22-5 of the City Code of Ordinances is amended to read as follows: Sec. 22-5. Pavement, improvement and use of swale areas. With respect to the paving, improvement and use of drainage swales within the public right-of-way of streets or other public rights-of-way owned or controlled by the city, the following standards and regulations are hereby adopted: (a) ■ ■ ■ (i) The installation and uses within street swale areas within the City of Dania Beach, Florida, are limited to the following: (5) Grass sodding, or grass seeding or vegetative ground cover planted in of the an unpaved swale area is required and both new and existing planted areas shall be maintained and trimmed by the abutting property owner or tenant on a regular basis consistent with city laws governing lawn and Vard maintenance unless the Public Works/Utilities Director determines that an existing swale otherwise complies with the pervious requirements of the City Code of Ordinances and that such swale as currently existing can be maintained in a manner that complies with this Section. The planting of single truck trees shall be permitted in swale areas, with the exception of any causuarina trees (Australian pine trees), Melaleuca trees, Brazilian oak or pepper, rubber trees, or ficus trees, so long as the • following conditions are complied with: 1 ORDINANCE NO.: 2003-008 Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED on first reading on February 12, 2003. PASSED AND ADOPTED on second reading on February 25 03. r OB RT H. CHUNN, JR. MAY R — COMMISSIONER ATTEST: ROLL CALL: • COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLEN OHNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: BY: '/"),-� ` KK THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE NO.: 2003-008 • { 1 CITY OF DANIA BEACH MEMORANDUM TO: Michael Sheridan, Public Works/Utilities Director CC: Ivan Pato, City Manager Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney DATE: January 22, 2003 ;• RE: Proposed Amendment to City Code of Ordinances, Section 22-5; Proposed Requirement to Maintain Grass in Swale Areas by Abutting Property Owners and Tenant Attached is the proposed amended ordinance referenced above. The current Code provision appears to otherwise comprehensively address swale area requirements and the amendment will merely clarify the omission you discovered as to the specific inclusion of a planting and maintenance obligation upon abutters with respect to grass in swale areas. Unless you have any questions or comments, this is ready for Commission consideration. 566.028 TJA:slw Attachment SUN- SENTINEL PUBLISHED DAILY NOTICE OF HEARING FORT LAUDERDALE BROWARD COUNTY, FLORIDA BEFORE CITY � COMMISSION CITY OF DANIABOCA RATON PALM BEACH COUNTY, FLORIDA REGARDING uExCD ADOPTION F � REGARDING AUU?710N OF • MIAMI> >MIAMI DADE COUNTY FLORIDA THE FOLLOWING PROPOSED ORDINANCE: i NOTICE IS HEREBY GIVEN that the City commission of the City of Dania Beach, STATE OF FLORIDA Florida, on February 25, COUNTY OF BROWARD/PALM BEACH/MIAMI DADE 2003, at 7:00 PM or as soon thereafter as the BEFORE E UPIDE NED AUTHORITY PERSONALLY APPEARED matter may be heard,will ' conduct a public hearing / in the City Commission ',� WHO,ON OATH, SAYS THAT Beach City Haut 100 west HE/* IS A'DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Dania Beach Boulevard, Dania ,DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED cconsidereach the Florida to proposed IN BROWARD/PALM BEACH/MIAMI DADE COUNTY FLORIDA, AND THAT THE adoption of the following Ordinance entitled: ATTACHED COPY OF ADVERTISEMENT, BEING A: AN ORDINANCE OF THE' CITY OF DANIA BEACH, FLORIDA,AMENDING SEC- AMENDING SECTION 22 5 TION 22-5 OF THE CITY CODE OF ORDINANCES TO' PROVIDE THAT PROPERTY. IN THE MATTER OF: OWNERS OR TENANTS; WHO ABUT CITY SWALE AREAS ARE REQUIRED TO PLANT AND Amending Section 22 5 TAIIN SUCHSAREAS;M RIO- VIDING FOR CONFLICTS; PROVIDING FOR SEVERA- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE BILITY;FURTHER,PROVID- ING FOR AN EFFECTIVE. GATE. i A copy of this proposed` 2/14,1 11300091 OrdinanCe Is.on file in the Office of the City olio,k,, City Hall, 100 West Daha. Beach Boulevard, Dania. AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Beach, Florida, and may, PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, be inspected by the public' during normal working AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY hours. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE• COUNTY, FLORIDA, Interested parties may ap- pear the aforesaid EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE meeting and be heard; POST OFFICE IN FORT LAUDERDALE IN SAID BROWARD COUNTY,FLORIDA, with respect to on pro- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF posed. Any decides to a any y de cision made by the City ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT commission with respect HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR to any-matter considered at this hearing will need a CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFUND, FOR THE record of the proceedings and for such purpose may PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID need to ensure that a ver- batim record of the pro- ceedings is made, which /J,q' record includes the testi- /� mony and evidence upon which the appeal is to be (SIG ATURE OF AFFIANT) based. in accordance with the American with Disabilities .,-SWORN TO AND SUBSCRIBED BEFORE ME Act, persons needing as- sistance to participate in ON: 14-February-2003 , A.D. snoulaf he Proc arlene edings Johnson, City Clerk, 100 West Dania Beach Boule- vard,Danis Beach,Florida 33004, (954) 924-3622 at least 48 hours prior to the (SIGNATURE OF NOTARY PUBLIC) simeeting Charlene Johnson, CIVIC,City Clerk '`•" (February 14,2003 • �? MY COMMISSION,, GG014939 eXPIRES F; rb P guy 20,zoos SONDEDTuyiTROY FAIN IN IRANCE INC. (NAME OF NOTARY,TYPED, PRINTED(OR STAMPED) PERSONALLY KNOWN OA PRODUCED IDENTIFICATION _