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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-053Introduced b ��� Y=_�Ihr � Temp #571 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .28 29 30 31 32 33 .34 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0- 7dv- 53 AN ORDINANCE PROHIBITING PLANTING OF CERTAIN TREES WITHIN 100 FEET OF ANY ROADWAY DEDICATED TO THE PUBLIC WITHIN THE CITY OF TAMARAC; PROHIBITING ROOTS, OF CERTAIN SPECIFIED VEGETATION FROM INTRUDING ON PUBLIC RIGHT-OF-WAY . OF ANY SORT; PRO- VIDING LIABILITY FOR DAMAGE CAUSED BY VEGETATION TO PUBLIC FACILITIES; PROVIDING PENALTY; PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain vegetation has caused extensive damage to property within the City of Tamarac, and WHEREAS, damage caused by such vegetation includes partial destruction of Brookwood Blvd., a road within the City of Tamarac,and WHEREAS, similar damage may be caused in the future by certain vegetation; and WHEREAS, this damage must be paid for by the citizens of the City of Tamarac although it is caused through the negligence of a few, and WHEREAS, it is in the best interests of the City of Tamarac to place certain limitations upon vegetation which may be planted near public rights -of -way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Findings of Fact. Ficus benjamina, also known as Benjamin Fig or Weeping Fig, is a fast growing tree whose root system often causes damage to what- ever gets in its way including sidewalks and streets. When the roots )f these trees are pruned they are prone to toppling in heavy storms. =allen fruit from these trees can be a hazard and a nuisance. Casurina equisetifolia, or Australian Pine, is a non - indigenous vegetation with a heavy, shallow root system which can ,ause damage to roads, sidewalks or other items which come into :ontact with its expanding root systems. These two types of plantsare found to be undesirable and a nuisance due to the damage to property which their root systems can -ause. I SECTION 2: It is a violation of this ordinance to plant 2 either ficus benjamina or Australian Pines within 100 feet of a 3 paved roadway. Existing vegetation of this type shall not be re- 4 quired to be removed, but upon dying these plants may not be replaced 5 with a ficus benjamina or Australian Pine. 6 SECTION 3: The roots of any ficus benjamina or Australian 7 Pine may not intrude in any way upon public right-of-way. g It is the responsibility of the property owner upon whose property 9 any ficus benjamina or Australian Pine live to maintain its root 10 system in such a way that it will not intrude in any way upon the 11 public right-of-way. 12 Upon discovery by the City that the roots of a 13 ficus benjamina or Australian Pine protrudes upon public right-of-way 14 the property owner, as shown in the latest Broward 15 County Tax Records, shall be notified of this protrusion by certified 16 mail and shall be given fourteen (14) days from the date of the 17 letter to remove the protrusion. The City shall post a notice on the 18 tree that its roots extend onto the City right-of-way, 19 Failure on the part of the property owner to remedy this trespass 20 within fourteen (14) days of the letter will be a violation of this 21 ordinance. The City shall also have the right to seek an injunction 22 or other appropriate remedy to compel the property owner to remove 23 the offending tree, or trim it, so that its roots will not extend and 24 trespass upon the City property. 25 The property owner upon whose property exists 26 a ficus benjamina or Australian Pine,the roots of which extend onto 27 City right-of-way shall be responsible for all damage 28 caused by the roots of that tree. 29 Upon failure of a property owner to trim or 30 remove an offending tree, the City is authorized through its Public 31 Works Department and upon the direction of its City Manager, to trim 32 or remove the tree with the cost of said trimming or removal to be 33 a lien to be filed in the Public Records of Broward County, Florida, 34 1 on the property on which the offending tree or plant lies. yAl 293 , 1 SECTION 4: Violation of this ordinance is punishable by a 2 fine not to exceed $500.00 or incarceration not to exceed sixty (60) 3 days or any combination of fine and incarceration. 4 SECTION 5: Specific authority is hereby granted to,codify 5 this ordinance. 6 SECTION 6: All ordinances or parts of ordinances in conflict 7 herewith are repealed to the extent of such conflict. 8 SECTION 7: Should any section or provision of this ordinance 9 or any portion hereof or any paragraph, sentence or word be declared 10 by a Court of competent jurisdiction to be invalid, such decision 11 shall not affect the validity of the remainder hereof as a whole or 12 any part hereof other than the part declared to be invalid. 13 SECTION 8: This ordinance shall become effective upon its 14 final passage. 15 PASSED FIRST READING this Z.3 day of 11978. 16 PASSED SECOND READING this ��_day of ,1978. 17 18 Q� MA 19 ATTEST: 20 - 21 22 CITY CLERK - 1111CORD 0F COUNC.IE VOTE 23 MAYOR W. FALCK cz..� 24 I 'HEREBY CERTIFY that I have V/M 11. MASSARO approved the form and correct- C/M H. WIENER 25 ness of this ORDINANCE C/M I.M. DISRAELLY 26 &&045-e C/WM. 27a445!6!o CITY ATTORNEY 28 29 30 31 32 33 34 -3-