HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-053Introduced b ���
Y=_�Ihr � Temp #571
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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.
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SECTION 2: It is a violation of this ordinance to plant
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either ficus benjamina or Australian Pines within 100 feet of a
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paved roadway. Existing vegetation of this type shall not be re-
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quired to be removed, but upon dying these plants may not be replaced
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with a ficus benjamina or Australian Pine.
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SECTION 3: The roots of any ficus benjamina or Australian
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Pine may not intrude in any way upon public right-of-way.
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It is the responsibility of the property owner upon whose property
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any ficus benjamina or Australian Pine live to maintain its root
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system in such a way that it will not intrude in any way upon the
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public right-of-way.
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Upon discovery by the City that the roots of a
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ficus benjamina or Australian Pine protrudes upon public right-of-way
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the property owner, as shown in the latest Broward
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County Tax Records, shall be notified of this protrusion by certified
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mail and shall be given fourteen (14) days from the date of the
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letter to remove the protrusion. The City shall post a notice on the
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tree that its roots extend onto the City right-of-way,
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Failure on the part of the property owner to remedy this trespass
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within fourteen (14) days of the letter will be a violation of this
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ordinance. The City shall also have the right to seek an injunction
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or other appropriate remedy to compel the property owner to remove
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the offending tree, or trim it, so that its roots will not extend and
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trespass upon the City property.
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The property owner upon whose property exists
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a ficus benjamina or Australian Pine,the roots of which extend onto
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City right-of-way shall be responsible for all damage
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caused by the roots of that tree.
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Upon failure of a property owner to trim or
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remove an offending tree, the City is authorized through its Public
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Works Department and upon the direction of its City Manager, to trim
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or remove the tree with the cost of said trimming or removal to be
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a lien to be filed in the Public Records of Broward County, Florida,
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on the property on which the offending tree or plant lies.
yAl
293 ,
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SECTION 4:
Violation of this ordinance is punishable by a
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fine not to exceed $500.00
or incarceration not to exceed sixty (60)
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days or any combination
of fine and incarceration.
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SECTION 5:
Specific authority is hereby granted to,codify
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this ordinance.
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SECTION 6:
All ordinances or parts of ordinances in conflict
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herewith are repealed
to the extent of such conflict.
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SECTION 7:
Should any section or provision of this ordinance
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or any portion hereof
or any paragraph, sentence or word be declared
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by a Court of competent
jurisdiction to be invalid, such decision
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shall not affect the
validity of the remainder hereof as a whole or
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any part hereof other
than the part declared to be invalid.
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SECTION 8:
This ordinance shall become effective upon its
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final passage.
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PASSED FIRST READING
this Z.3 day of 11978.
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PASSED SECOND READING
this ��_day of ,1978.
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Q�
MA
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ATTEST:
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CITY CLERK
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1111CORD 0F COUNC.IE VOTE
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MAYOR W. FALCK cz..�
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I 'HEREBY CERTIFY that
I have V/M 11. MASSARO
approved the form and
correct- C/M H. WIENER
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ness of this ORDINANCE
C/M I.M. DISRAELLY
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&&045-e
C/WM.
27a445!6!o
CITY ATTORNEY
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