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HomeMy WebLinkAboutO-2005-011 Tree Abuse Amendment0 ORDINANCE NO. 2005-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 26, "VEGETATION", ARTICLE 111, "TREE ABUSE", OF THE CITY CODE OF ORDINANCES TO ADD A NEW DEFINITION TO SECTION 26-35, "DEFINITIONS", TO INCLUDE NEGLECT OF CARE OF "SPECIMEN TREES", DUE TO COMPETING INVASIVE VEGETATION AS A TYPE OF "TREE ABUSE"; 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 Chapter 26, entitled "Vegetation", Article 111, entitled "Tree Abuse", Section 26-35, entitled "Definitions", is amended to read as follows: Sec. 26-35. Derinitions. 0 0 (b) As used in this article the following words and terms shall be defined as set forth herei below: 0 0 Tree abuse: "Tree abuse" shall mean: 0 0 0 (10) Over lifting a tree -,-or (11) Shaping a tree-., or 0 0 (12) Neglect of care and likely risk of loss due to such neglect of any specimen tree, arising from overgrowth by competing, invasive vegetation such as, but not limited to overgrowth by vines. 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. 0 Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed.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 April 26, 2005. PASSED and ADOPTED on second reading on May 10, 2005. ATTEST: LOUISE STILSON CITY CLERK APPROVED AS TO FO BY: �\ ., THWA(k CITY AJF ORNEY 0", a-4:5 ANNE CASTRO MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON -YES COMMISSIONER BERTINO — YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO — YES AND CORRECTNESS: X 2 ORDINANCE #2005-011 CITY OF DANIA BEACH .11111BUTI-I TO: Mayor and City Commission CC: Ivan Pato, City Manager Larry Leeds, Community Development Director FROM: Tom Ansbro, City Attorney DATE: April 15, 2005 RE: Proposed Amendment to Chapter 26, "Vegetation" of the City Code of Ordinances As briefly discussed at the April 12, 2005 City Commission meeting, attached is a proposed ordinance amendment which will add a new provision to the City "Vegetation" (landscaping) ordinances, pertaining to "tree abuse" (a phrase commonly used in municipal and county landscaping ordinances). It will only apply to " specimen" trees, which are mature trees that have significant value (such as a number of various types of mature palm trees as well as oak trees which have at least a one foot trunk circumference when measured four and one-half feet above grade). This amendment has been reviewed by the City Landscape Consultant and the Community Development Department; it is now ready for consideration and adoption by the City Commission. TJA:slw Attachment 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 May 10, 2005, 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: ORDINANCE NO. 2005-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 26, "VEGETATION", ARTICLE 111, "TREE ABUSE", OF THE CITY CODE OF ORDINANCES TO ADD A NEW DEFINITION TO SECTION 26-35, "DEFINITIONS", TO INCLUDE NEGLECT OF CARE OF "SPECIMEN TREES", DUE TO COMPETING INVASIVE VEGETATION AS A TYPE OF "TREE ABUSE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2005-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING MONETARY THRESHOLDS FOR CERTAIN PURCHASES MADE ON BEHALF OF THE CITY AS AUTHORIZED BY THE CITY COMMISSION, CITY MANAGER OR BOTH AND FOR CHECK SIGNATURE AUTHORIZATIONS; CREATING SECTION 2-10 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "MONETARY THRESHOLDS AND CHECK AUTHORIZATION FOR CERTAIN PURCHASES AND CHECK AUTHORIZATION"; 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 Run in Sun Sentinel: April 29, 2005