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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-024r-j CITY OF TAMARAC, FLORIDA ORDINANCE NO. ; I .., _.' &..J. fM AN ORDINANCE REQUIRING THE SING OF LAWNS IN FRONT YARD AREAS IN ONE FAMILY AND TWO FAMILY NEIGHBORHOODS; CONTAINING DEFINITIONS; REQUIR- ING THE UPKEEP AND MAINTENANCE OF SUCH LAWNS; PROVIDING FOR ACTION BY THE CITY OF TAMARAC AFTER NOTICE TO THE OWNER OR OCCUPANT; ESTABLISH- ING LIENS FOR COST, EXPENSES AND ATTORNEY's FEES; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council of the City of Tamarac has determined that many homeowners in the City of Tamarac are now maintaining their own lawns rather than, utilizing some form of section -wide or area wide maintenance, and WHEREAS, the close proximity of homes to each other in the City was based upon the premise that centralized maintenance service would prevent both public and private nuisance from occuring in and about the yards and other exterior areas of the various dwelling houses within the City, and WHEREAS, the free and unobstructed passage of light and air and the maintenance of well -tended vegetation is deemed essential to the health and welfare of the populace through the maintenance of favorable environmental conditions; now therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Definitions: a. "Single-family residence" is defined as a home or dwelling for the use of a single family, its household, servants and guests. b. "Two-family residence' is defined as a home or dwell- ing for the use of two families, their households, servants and guests. c. "Front yard area" is defined as that portion of a lot from the front building wall and a line extension thereof to the side lot lines to the pavement line in front of the lot. d. "Lawn"is defined as a growth of live grass main- tained in a substantially uniform coverage of an area of ground. SECTION 2: Requirements: a. Every owner and occupant of a single-family and/or two-family residence in the City of Tamarac, located in an area zoned R 1 or R-2 shall be required to maintain the front yard of such residence as a lawn. Corner lots shall have two "front -yard" areas for the purposes of this Ordinance, one on the front of the lot and the second on the yard adjacent to the intersecting thorough- fare. b. No graveled or blacktopped or paved parking strips are petted except as are necessary for access to a carport or garage or as may be required for not more than two cars for a single-family residence or four cars for a two-family residence. c. Every owner, agent, occupant or person having charge of property covered by this ordinance shall be required to keep such Lawn and all grassed areas on the property alive and in healthy condition and/or to prcniptly replace dead grass with live grass or sod. d. Variances from this ordinance may be granted by the Board of Adjustment in cases of demonstrated hardship. e. No lawn shall be permitted to have grass exceeding six (6) inches in height whether such grass is located in the front, side or rear yards of the premises. SECTION 3: Violations: a. Should any owner, agent or person having charge of or occupying any lot or premises covered by this ordinance refuse or neglect, for a period of fifteen (15) days after receiving notice frcm the City of any violation of this ordinance, fail to cure such violation, the City may act to cure such violation without further notice. b. The City may then cause the work of removal, replace- ment and/or cutting to be done and the cost of such work shall forth- with be paid by such owner, agent or other person. c. Upon failure of the owner, agent or other person to prcirptly pay the cost of such work the City Clerk shall cause an affidavit to be placed upon the public records of the county de- WZ scribing the work done and the amount of cost incurred by the City, and such affidavit shall constitute a claim of lien against the property, forecloseable in the manner of mechanic's liens, together with the costs of the action and all reasonable attorneys fees incurred by the City. d. Notices required by this ordinance may be mailed to the owner of record as shown on the taxroll of Broward County or may be posted upon the premises by affixing in any conspicuous place on any structure located on such premises or by leaving a copy of such notice with any person of suitable age residing on the premises. SECTION 4: Savings clause; Should any section or provision of this ordinance or any portion thereof, or any paragraph, word or sentence be declared by a court of carnpetent jurisdiction to be inlaid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 5: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SFVT'ION 6: This ordinance shall become effective immediately upon its final passage. 1 PASSED FIRST READING this it day of 1971. PASSED SECOND READING this day of 1971. PASSED THIRD READING thisj day of �' r 1971. ATTEST: HEREBY CERTIFY that 1 have awrova4 the form and correctness at this Ordinance RECORD OF COUNC14 VOTE Mayor Seltman Vlce Mayor Lange - Councilman Johnson�J Councilman Schultz` Councilman Zarcpne ,,..