HomeMy WebLinkAboutO-2004-040 Tree Clearance heightORDINANCE NO. 2004-040
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AMENDING SECTION 22-5 OF THE CITY CODE
ORDINANCES, WHICH SECTION IS ENTITLED "PAVEMENT,
IMPROVEMENT AND USE OF SWALE AREAS", TO INCREASE THE TREE
CLEARANCE HEIGHT TO BE MAINTAINED BY ABUTTING PROPERTY
OWNERS OR TENANTS FROM TEN FEET ABOVE STREET LEVEL TO
FOURTEEN FEET, TO PERMIT VEHICULAR TRAFFIC BENEATH SUCH
TREES TO TRAVEL WITHOUT INTERFERENCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; 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, which Section is
entitled "Pavement, improvement and use of swale areas", is amended to read as follows:
See. 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 her-eby adopted:
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(i) The installation and use within street swale areas within the City of Dania Beaeh�
Florida, are limited to the following:
(5)
(d) All trees shall be kept tremmed by the abutting property owner or tenant and
shall have a clearance of at least eight (8) feet above the sidewalk and t-e* fourteen (4-014) feet
above the street level so as to permit pedestrian and vehicular traffic beneath them Wthout
interference.
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Section 2. 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.
I ORDINANCE NO. 2004-040
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
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this ordinance are repealed.
Section 4. That this ordinance shall be effective immediately at adoption on second
reading.
PASSED and ADOPTED on first reading on November 23, 2004.
PASSED and ADOPTED on second reading on December 14, 2004.
ATTEST:
LOUNE STILSON
CITY CLERK
APPROVED AS TO FORM
AND C07
BY:, /�' TSS:
THWA'S J'ANSBRO
CITY ATTORNEY
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(f . K' M (TL Y tl�)'
MAYOR — COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
VICE -MAYOR MIKES- YES
MAYOR MCELYEA - YES
2 ORDINANCE NO. 2004-040
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CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
Ivan Pato, City Manager
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Ken Land, Fire Chief
Larry Leeds, Community Development Director
Ed Tarmey, Fire Marshal
FROM: Thomas J. Ansbro, City Attorney
DATE: November 16, 2004
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RE: Proposed Ordinance Amendment (Section 22-5) to Increase the Tree Clearance
Height over Streets (from Ten Feet to Fourteen Feet)
An increase in the street clearance height for trees owned by abutting property owners
and tenants, from ten feet to fourteen feet, has been requested by the Fire Department, to
comply with fire safety requirements. This will help minimize damage to rescue vehicles.
An amending ordinance is attached. This is now ready for City Commission
consideration.
566.028
TJA:slw
Attachment
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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 December 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 COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AMENDING SECTION 22-5 OF THE CITY CODE
ORDINANCES, WHICH SECTION IS ENTITLED "PAVEMENT, IMPROVEMENT
AND USE OF SWALE AREAS", TO INCREASE THE TREE CLEARANCE
HEIGHT TO BE MAINTAINED BY ABUTTING PROPERTY OWNERS OR
TENANTS FROM TEN FEET ABOVE STREET LEVEL TO FOURTEEN FEET,
TO PERMIT VEHICULAR TRAFFIC BENEATH SUCH TREES TO TRAVEL
WITHOUT INTERFERENCE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AMENDING PART VI ("REGISTRATIONS AND
ELECTIONS"), ARTICLE 2 ("ELECTIONS"), SECTION 6 ("ELECTIONS; HOW
ARRANGED FOR; INSPECTORS AND CLERK") TO ADD AN ALTERNATE
PROCEDURE WHICH WILL ALLOW THE CITY COMMISSION TO DELEGATE
THE POLL WORKER SELECTION PROCESS TO THE BROWARD COUNTY
SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; 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
0 Run in Sun Sentinel: December 3, 2004