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Home My WebLink AboutCity of Tamarac Ordinance O-2005-021Temp. Ord. # 2096 9/14/2005 — Page ' CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- jj AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 20 OF THE CITY CODE OF ORDINANCES, ENTITLED "STREETS AND SIDEWALKS," TO PROVIDE THAT THE RESPONSIBILITY FOR REPAIRING SIDEWALKS IN PUBLIC RIGHTS -OF -WAY SHALL BE SHIFTED FROM THE ABUTTING PROPERTY OWNER TO THE CITY, EXCEPT WHERE THE REPAIR IS REQUIRED DUE TO THE FAULT OF THE OWNER; SPECIFICALLY AMENDING SECTIONS 20-81, 20-83,20-85,20-89, AND 20- 90 OF THE CITY CODE OF ORDINANCES TO EFFECTUATE THIS CHANGE; FURTHER DELETING SECTIONS 20-86 AND 20-87 OF THE CITY CODE OF ORDINANCES IN THEIR ENTIRETY; ABATING THE IMPLEMENTATION OF THE PROVISIONS OF THIS ORDINANCE TO PROVIDE AN OPPORTUNITY TO MITIGATE DAMAGE BY ABUTTING PROPERTY OWNERS AND REPAIR OF SIDEWALKS BYTHE CITY; REFUNDING REPAIR COSTS TO CERTAIN PROPERTY OWNERS; ABATING CERTAIN LIENS IMPOSED UPON PROPERTY FOR FINES ISSUED TO PROPERTY OWNERS FOR THEIR FAILURE TO MAINTAIN SIDEWALKS ABUTTING THEIR PROPERTY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the instructions of the Mayor and City Commission, the Director of Public works has reviewed Chapter 20 entitled, "Streets and Sidewalks," relating to shifting the responsibility for repairing sidewalks in public rights -of -way (ROW) from the abutting property owners to the City; and WHEREAS, based upon such review, the Director of Public Works has determined that certain sections need to be amended or clarified as they currently require the abutting property owners to maintain and repair sidewalks in pubic ROW; and WHEREAS, the Director of Public Works has determined that the proposed CODING: Words in StMekthfflugh type are deletions from existing law. Words in underscored type are additions Temp. Ord. # 2096 9/14/2005 — Page 2 amendments to Sections 20-81, 20-83, 20-85, 20-89, 20-90, and the deletion of Sections 20-86 and 20-87 of the City Code of Ordinances are required to effectuate this change; and WHEREAS, the Director of Public Works recommends approval of the proposed amendment to Chapter 20, Article 111, Sections 20-81, 20-83, 20-85, 20-89, 20-90, and the deletion of Sections 20-86 and 20-87 of the City Code of Ordinances; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 20 entitled, "Streets and Sidewalks," Sections 20-81, 20-83, 20-85, 20-89, and 20-90 and to delete Sections 20-86 and 20-87 as more fully set forth herein. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and I confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Chapter 20 entitled, "Streets and Sidewalks," Article III entitled, "Construction, Maintenance, etc., of Sidewalks," Section 20-81 entitled, "Responsibility of Abutting Owners of Sidewalks," through Section 20-90 entitled, "Condemnation of Sidewalks," the City Code of Ordinances is hereby amended to read as follows: Sec. 20-81. Responsibility of abutting property owners. It shall be the duty of each owner of abutting propert f te FeeeRStFuet and to maintain and keep in repair uniferm and substantial the - sidewalks in front of or abutting upon each parcel of his property within the city It, -shall —he the duty of the abutting owner to eeRStFuelt a sidewalk when metified PUFSU61191t te this aFtiele. (a) It is the responsibility of the public works director or his/her designee CODING: Words in StFuel( thFeugh type are deletions from existing law. Words in underscored type are additions Temp. Ord. # 2096 9/14/2005 — Page 3 to determine if damage to public sidewalks in front of or abutting upon each parcel oLRLoperty within the City was caused by the negligence or actions of the abutt[ag property owner. The abutting property owner is at fault for damage caused by tree roots if the tree is on his/her property. The abutting property owner shall also be responsible for damage resulting from vehicle traffic on the sidewalk in non - driveway crossin_q-sections of the sidewalk or if the damage is otherwise caused �y the owner. It shall be the duty of the abutting owner if determined by the City to be responsible pursuant to this Article, to repair, replace or reconstruct the damaged sidewalk when notified pursuant to this Article. b) All other damaaed sidewalks as determined bv the r)ublic works director or his/her designee shall be repaired by public works. If the damaged sidewalk is considered a trip hazard, said trip hazard will be mitigated upon the City's notice of such location and will be prioritized to be replaced as part of the on- going City Capital Improvement Sidewalk Replacement Program. Sec. 20-82. Standards General. The width of each sidewalk, the material to be used in its construction, the grade thereof and the method and manner of constructing, reconstructing and repairing the same shall be in accordance with the standards as set forth in sections 10-181 and 10-188. Sec. 20-83. Plans -Submittal; approval. In the event that an Owner is required to be responsible for the repair of the sidewalk as r)rovided in this Article, Pprior to the construction, reconstruction or repair of any sidewalk, plans therefore shall be submitted to the City by a licensed contractor qualified and licensed to perform engineered construction. Such plans must further be approved by the city engineer or his /her designee. The plans shall show the location and construction details in accordance with the Citzs current Engineering Standards for the proposed construction, reconstruction or repair. The construction, reconstruction, maintenance and repair of all sidewalks shall be under the supervision of the city engineer or his/her designee, Sec. 20-84. Same -Prerequisite for approval of site plans, subdivision improvement plans. Prior to approval of a site plan or subdivision improvement plan, the owner shall submit a sidewalk plan, showing the location and dimensions of all proposed sidewalks. The sidewalk plan shall provide for construction of sidewalks in the street right-of-way adjacent to all property which abuts a public street. Sec. 20-85. Construction on adjacent owner's property; dedication of easernent, CODING: Words in struelk through type are deletions from existing law. Words in underscored type are additions Temp. Ord. # 2096 9/14/2005 — Page 4 If there is not sufficient room within the street right-of-way for construction of a sidewalk, the sidewalk shall be constructed on the owner's property adjacent to public streets and the owner shall dedicate an appropriate easement to the public for sidewalk purposes. The sidewalk shall be constructed and maintained at the expense of the abutting property owner. Mr7rvl_ 301 IBM TIM IN Mill M rvi 3 12v L� Ii -VA M z 3 P.T.MWM TVI FrIM"IM P-19M M." invomm W-A M -I - See. 20 87. Approval of survey; notiele to owner; steps for constFuetion by eity-. M. .4 ft- MVHM KFX� id — - — - - - .7MM . 111 - Ill - - - 11, 1111, 11- ill 10 Lw See. 20-88. Contents, publication, etc., of notice. The notice required by section 20 87 20-81 shall direct the abutting property CODING: Words in struekthfflUgh type are deletions from existing law. Words in underscored type are additions Temp. Ord. # 2096 9/14/2005 — Page 5 owner to forthwith commence and, within sixty (60) days after date of such notice, complete the construction, reconstruction or repair work. Such notice shall be mailed to the address of each such property owner, if the address is known to or by reasonable diligence can be obtained by the city clerk; if the address is unknown or cannot be obtained by reasonable diligence or if such notice is returned unclaimed, then a copy of such notice directed to the owner shall be published in a newspaper of general circulation in the county once each week for two (2) consecutive weeks directing the owner to forthwith commence and, within sixty (60) days after the last publication of such notice, complete the construction, reconstruction or repair work. Alternatively, notice may be provided to the property owner pursuant to the provisions of Chapter 162, Florida Statutes. Sec. 20-89. Compliance with notice to construct, etc.; remedies for non- compliance. If the abutting property owner fails or refuses to do and perform the construction, reconstruction or repair work on any sidewalk or proposed sidewalk within the time prescribed in the notice issued under the provisions of section 20-88, the eity eouneil 'public works director or his/her designee shall make or cause such work to be done and make the cost thereof a charge and lien against such property of the same extent and character as the lien now granted or which may hereafter be granted to the city by law for special assessments for the cost of local improvements. ISec. 20-90. Condemnation of sidewalks. Any public sidewalk constructed contrary to the provisions of this article may be condemned by the ehief building effie�qRy engiriger and ordered reconstructed or reformed as provided in this article. SECTION 3: Priortothe implementation and enforcement of the provisionsof this ordinance, the City Commission desires for the City to repair the sidewalks currently in need of such repair. The City Administration is hereby instructed to provide notice to each abutting property owner who has caused damage to the sidewalk abutting their property that if the cause of such damage is mitigated within 120 days of receipt of such notice, the City shall effectuate the repair of the sidewalk abutting their property. If the property owner does not mitigate the cause of the damage to the sidewalk within this time period, the City CODING: Words in StFUel( thFeUgh type are deletions from existing law. Words in underscored type are additions Temp. Ord. # 2096 9/14/2005 — Page 6 shall implement the provisions of this ordinance and proceed pursuant to the provisions of Chapter 20 of the City Code of Ordinances as amended herein requiring the abutting property owner to repair the damaged sidewalk adjacent thereto. SECTION 4: The City Commission shall refund to the abutting property owner the cost for the repair of a damaged sidewalk if the repairs were effectuated between January 1, 2005 and the effective date of this ordinance. In order to receive such a refund, the abutting property owner must provide the City with evidence of the contract and payment for the repair and further evidence that the repair was permitted by the City. The refund shall not exceed the repair estimate amount as evidenced in the City permit application. The property owner shall make application for such refund within 120 days from the date of adoption of this ordinance. The City Commission further provides for the abatement of outstanding code violations and release of those liens imposed by the City since January 1, 1999 for fines resulting from the issuance of code violations for the failure of a property owner to repair or reconstruct sidewalks in the right-of-way abutting their real property. SECTION 5: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Chapter," "Article," or such other word or phrase in order to accomplish such intention. SECTION 6: All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. CODING: Words in StFUekthfflugh type are deletions from existing law. Words in underscored type are additions Temp. Ord. # 2096 9/14/2005 — Page 7 SECTION 7: If any provisions of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 8: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 11j4h -INT day of '-S>e(2tCC0pc'(- 2005. 1 PASSED, SECOND READING this aONay of ,�eptembe-( 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. 4S MU —EL S. GOREN INTERIM CITY ATTORNEY PE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER A\ DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF -r' DIST 4: COMM. ROBERTS /-Y\.Ifl- RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER due DIST 1: COMM. PORTNER A6 P DIST 2: V/M TALABISCO A P DIST 3: COMM. SULTANOF A2 DIST 4: COMM. ROBERTS Ale, CODING: Words in StMek thfflugh type are deletions from existing law. Words in underscored type are additions