HomeMy WebLinkAboutO-2004-026 (2nd Reading) Rev.Ordinance-Chapter13ORDINANCE NO. 2004-026
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTIONS 13-21 AND 13-22 OF ARTICLE 11 ("SANITARY NUISANCES") OF
CHAPTER 13 ("HEALTH AND SANITATION") OF THE CITY CODE OF
ORDINANCES; REPEALING SECTIONS 13-23, 13-25, 13-26 AND 13-28 OF
ARTICLE 11 OF CHAPTER 13 AND CREATING SECTION 13-34 OF ARTICLE 11
OF CHAPTER 13; 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 13-21 of Article 11 of the Code of Ordinances of the City of Dania
Beach, Florida, which section is titled "Defined generally", is amended to read as follows:
Sec. 13-2 1. Defined general �—pefinitions.
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For the purposes of this Article, the following words and phrases shall have the following
meaning:
(a) Accumulation. Any one (1) or more articles of litter.
(b) Garbyge. Every accumulation of animal, fruit, or vegetable matter that results from
the preparation, use, handling, cooking, processing, serving or storage of meats, fish, fowl, fruits,
vegetables or other organic matter, which is subject to decomposition, deggy, rot, putrefaction or the
generation of noxious or offensive gases or odors, or which during or after decqy, mqy serve as
breeding or feeding materials for Ries, other insects or animals.
(c) Improved proper4y. AU real propeqy with a structure or building located on it.
(d) Litter. Any materials, including but not limited to garbage, rubbish, trash, refuse,
including cans, bottles, boxes, containers, materials, tools, machinery, furniture, wood, motor vehicle
or motor vehicle parts, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment
facility, water sqpl2ly treatment plan, or air pollution control facility, or substance in M form
0 resulting from �Lny domestic, industrial, commercial uses, mining or governmental operations.
ORDINANCE NO. 2004-026
(e) Owner or occupant. Any owner or lessee of any lot, tract, or other parcel of land in
the city.
9 (f) Person. AU individual, finn, sole proprietorship, partnership, cop2oration,
unincorporated association or other entity.
(g) Stygnant water. Any body of water, natural or man-made, which lacks flow, or which
is a breeding ground or feeding area for mosquitoes, rodents, snakes, or M species of insect or
animal, or which constitutes a habitat for disease -bearing organisms, or which is a host for algae or
other growth indicative of water that is not disinfected.
(h) Swimming pool. Any structure having a depth at any point of more than two (2) feet,
intended for the collection of water for the purpose of immersion or partial immersion in it of human
beings.
(i) Trash. Abandoned vegetative material from landscqping, maintenance or land -
clearing operations, tree and shrub trimmings, grass clippings, palm fronds, tree stumps and similar
materials as well as construction debris including, but not limited to, abandoned material from
construction operations.
(j) Untended vegetation. Grass, weeds or underbrush in excess of eight (8) inches in
height from the ground, vines or other vegetation. The term does not include protected types of
0 vegetation, such as mangroves and green buttonwood that may exist or have been planted to serve as
a buffer for any use from any roadwqy or any adjacent land use, or which may exist or which is
planted along any canal bank; provided, however, that maintenance of such vegetation must
otherwise comply with all qpplicable Cily ordinances.
(k) Discolored or Discoloration. The description of the qppearance of M existing wall
surface, including any perimeter wall, fence, or roof in which the colors are different, because the
surface is bleached, faded, soiled, stained or streaked and vary from the color of the wall, fence or
roof surface, due to weather, fading, vandalism or other cause.
(1) Good condition. A feature of a building or structure that comports with its originall
intended and constructed function, appearance and state.
(m) Good repair. Any repair made to property which is consistent with, and ensures, that
a feature of a building or structure is serving its originally intended function, which repair was
executed in a workmanlike manner.
(n) Nuisance. Any one or a combination of the followiny,�
(1) Any attractive nuisance, such as building site, pool, body of water or other
place which mgy prove detrimental to health or safely, especially to children,
ORDINANCE NO. 2004-026
(2) Any physical condition dangerous to human life or propegy, or detrimental to
health or property values, or which tends to degrade the appearance of a
neighborhood;
(3) Any condition relating to private or public property which impedes the free
passage of persons on a public or private sidewalk or which impedes ingress
to or egress from property or which impedes passage of vehicles on a public
right-of-w!qy or street;
(4) Any fire hazard;
(5) Storage of any item or items exposed to public view, not otherwise pennitted
by law;
(6) Property in an overgrown condition, not properly maintained or both.
(7) Any public nuisance known or recognized as such at common law or in
equity jurisprudence or as provided by statute, administrative rule, or
ordinance of the city, including this chapter.
Section 2. That Section 13-22 of Article 11 of Chapter 13 of the Code of Ordinances of the
City of Dania Beach, Florida, which section is titled "Code officer may determine", is amended to
read as follows:
0 See. 13-22. Code offieer may deter -mine. Code officer authorization.
The code officer shall be authorized to enforce the provisions of this Article and is further
authorized to determine if a sanitary nuisance detrimental to the public health exists in accordance
with the provisions of this Article.
Section 3. That Sections 13-23, entitled "Premises declared nuisances", 13-25, entitled
"Person responsible defined.", 13-26, entitled "Weeds and undergrowth", and 13-28, entitled
"Storing waste likely to blow about", of Article 11 of Chapter 13 of the Code of Ordinances of the
City of Dania Beach, Florida, are repealed in their entirety.
Section 4. Section 13-34 of Article 11 of Chapter 13 of the Code of Ordinances of the City of
Dania Beach is created to read as follows:
Sec. 13-34. Prohibitions.
(a) It shall be unlawful for gLny owner or operator of premises within the Cjjy to allow the
accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to
allow any discoloration, or gLny nuisance as defined in Section 13-21 above, upon the premises.
ORDINANCE NO. 2004-026
(b) Each owner or operator of propeqy within the city shall keep such property, and the
adjoining unpaved portions of the public rights -of -way, swales and canal banks, clean and free from
any accumulation of garbage, trash and litter.
(c) The owners and operators of all improved property within the city shall not permit
untended vegetation upon such property, and the adjoining portions of the rights-of-nLay, swales and
canalbanks.
Section 5. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 6. That 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 7. That this ordinance shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED on first reading on August 24, 2004.
PASSED AND ADOPTED on second reading on September 28, 2004.
C.K. MCELYEAX-/-
MAYOR - COOMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
S14w-, COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY I CLERK VICE -MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: r� ",\ N//
T140M,�� J.A&SBR0
CITY ATTORNEY
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4 ORDINANCE NO. 2004-026
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
Ivan Pato, City Manager
Larry Leeds, Community Development Director
Louise Stilson, City Clerk
FROM: Thomas J. Ansbro, City Attorney
DATE: September 20, 2004
RE: Revisions to "Sanitary Nuisance" Ordinance; Chapter 13 ("Health and
Sanitation") of City Code of Ordinances; Exclusion from Definition of Term
"Untended Vegetation"
At the September 14, 2004 City Commission meeting, the referenced ordinance was
presented for adoption by the City Commission on second reading. Vice -Mayor Mikes
questioned possible misunderstanding of the law's prohibitions as a result of the definition of
the term "untended vegetation". He was concerned that the defined term could apply to
mangroves, green buttonwood and other protected or desirable types of vegetation, particularly
when planted along canal banks or for use as a buffer between land uses, or as a residential
buffer from a roadway.
I have drafted a proposed exemption to the term, which appears below (the proposed
language is underlined):
Sec. 13-21. Definitions.
0) Untended vegetation. Grass, weeds or underbrush in excess of eight, (8) inches
in height from the ground, vines or other vegetation. The term does not include protected or
desirable !ypes of vegetation, such as, but not limited to, mangroves and green buttonwood,
that may exist or have been planted to serve as a buffer for any use from any roadway or apy
adjacent land use, or which may exist or which is planted along any canal bank; provided,
however, that maintenance of such vegetation must otherwise comply with all applicable Cijy
ordinances.
Mayor and Commission
September 20, 2004
Page 2
The applicable prohibitions in the proposed amending ordinance are intended to make it
"unlawful for any owner or operator of premises to allow .. .. untended vegetation. . . "
(among other things, such as accumulations of garbage, trash, litter) (section 13-34 (a)).
Additionally, if the ordinance is adopted, section 13-34 (c) will provide that:
"The owners and operators of all improved property within the city shall not permit
untended vegetation upon such property, and the adjoining portions of the rights -of -way,
swales and canal banks."
I If the definition exclusion is satisfactory, this is ready for adoption at the upcoming
September 28, 2004 City Commission meeting (second reading).
566.028
TJA:slw
Attachment
2
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania
Beach, Florida, on September 14, 2004, at 7:00 p.m. or as soon thereafter as the
matter may be heard, will conduct a public hearing in the City Commission
Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida to consider the proposed adoption of the following
Ordinances entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 18-29.1 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT
PARTICIPATION IN THE GENERAL EMPLOYEES PENSION PLAN BY THE
CITY ATTORNEY SHALL BE OPTIONAL; FURTHER, TO PROVIDE THAT THE
CITY MANAGER AND CITY ATTORNEY MAY ELECT TO HAVE THE
PAYMENT EQUIVALENT TO THE CITY'S PENSION PLAN CONTRIBUTION
PAYABLE AS ADDITIONAL COMPENSATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTIONS 13-21 AND 13-22 OF ARTICLE 11 ("SANITARY NUISANCES") OF
CHAPTER 13 ("HEALTH AND SANITATION") OF THE CITY CODE OF
ORDINANCES; REPEALING SECTIONS 13-23, 13-25, 13-26 AND 13-28 OF
ARTICLE 11 OF CHAPTER 13 AND CREATING SECTION 13-34 OF ARTICLE 11
OF CHAPTER 13; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City
Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be
inspected by the public during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with
respect to the proposed. Any person who decides to appeal any decision made
by the City Commission with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing
assistance to participate in any of the proceedings should contact Louise Stilson,
City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)
924-3622 at least 48 hours prior to the meeting.
/s/ Louise Stilson
City Clerk
Run in Sun Sentinel: September 3 , 2004
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LAW UFf�jt.'E_,;
RYAN & RYAN, LLC
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
DANIA BEACH, FLORIDA 33004-3090
ARCHIE J. RYAN III
TIMOTHY M. RYAN
CHRISTOPHER J. RYAN*
JOSHUA S. PINSKY
'Board Certified City
County and Local
Government Lawyer
August 2, 2004
Mr. Lawrence Leeds
Director of Community Development
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33 ) 004
Re: Ordinance Amending Chapter 13, Article Il
Our File No. 19147-D
Dear Mr. Leeds:
TELEPHONE (954) 920-2921
FACSIMILE (9 54) 921-1247
in the course of enforcing the Dania Beach Code relating to property maintenance violationsl
certain challenges have been presented to the board and on appeal. The challenges to the Property
Standards Ordinances of the Code of Dania Beach has prompted us to review Chapter 13, Ar-ticle
11. After reviewing the Code, we have determined the Code can be fortified and better shielded from
such challenges with some revisions.
Enclosed is the proposed Ordinance which amends Sections 13-21 and 13-22, repeals
Sections 13-23), 13-25, 13-26 and 13-28, and creates Section 13-34. The amended Section 13-21
elaborates upon the definition of nuisance and expands definitions used thxoughout the Article. The
amendment to Section 13-22 re-establishes the authorization oranted to a code enforcement officer
for enforcing the provisions of this Article. Due to the proposed changes for Section 13-21 and
creation of Section 1 3 )-3 )4, the definitions and prohibitions currently contained in Sections 133-23), 1 -3 3-
25. 13-26 and 13-218 are unnecessary and are therefore repealed.
'C
This ordinance creates a new Section 13.34. Section I 3-34(a) enumerates s]pecl ic
prohibitions of the various public nuisances defined in Section 13-2) 1 - Sections I ')-')4('b) and (c)
ible for keeping clean and free of oarbage . trash,
define the areas �� hich property w,�,ners are respons
litter and Lintended vecletation.
Mr. Lawrence Leeds
Director of Community Development
City of Dania Beach
August 2. 2004
Paoe
If the proposed revisions to Chapter 1 3 ),. Article 11 meet with your approval, please schedule
this ordinance for the City Commission's consideration. If you have any questions or concerns
regarding this matter, please contact my office.
yours,
TIMO HY M. RYAN
I
TMR:cs
Enclosure
cc: Ivan Pato, City Manager
Tom Ansbro, City Attorney
William Johnson, Chief Code Enforcement Officer
(with enclosure)
L:\JosNCi1Y of Dania Beach\Code Enforcement - MiscNisc. Cor. 2004\1eeds-rev is ions to health and sanitation ordinance.wpd