HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-087This,Urdjuance was introduced
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In
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE DECLARING THE LEGISLATIVE
INTENT OF THE CITY COUNCIL OF THE CITY
OF TAMARAC TO MAINTAIN THE CITY AS "THE
CITY BEAUTIFUL"; REQUIRING OWNERS AND
OCCUPIERS OF ALL REAL'PROPERTY TO MAIN-
TAIN PARKING AREAS, DRIVEWAYS, SWALE
AREAS, TRASH CONTAINER AREAS, AND
DRAINAGE AREAS IN CLEAN CONDITION AND
IN GOOD REPAIR; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR PENALTIES FOR VIOLATIONS;
PROVIDING A SAVINGS CLAUSE; REPEALING ALL
LAWS IN CONFLICT; PROVIDING AN EFFECTIVE
DATE
WHEREAS, it is the intention of the City Council
of the City of Tamarac to maintain the City of Tamarac as
"The City Beautiful", and
WHEREAS, it has come to the attention of the City
Council of the City of Tamarac that the owners and occupiers
of certain improved and unimproved real estate properties
within the City are not maintaining said properties in a
neat, clean and good repair condition, and
WHEREAS, these conditions present an affront to
the aesthetic beauty of the City of Tamarac and a hazard
to the health, welfare and safety of the citizenry of
Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE, COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: APPLICATION. The provisions of this
Ordinance shall apply to all improved and unimproved real
property within the City of Tamarac, specifically including,
but not limited to, all parking areas, whether paved or
not, all driveways, whether paved or not, all swale areas,
including the areas between the street pavement and re-
spective property lines, all trash container areas, all
drainage areas, and all building and roof exteriors.
The persons responsible for complying with the
provisions of this Ordinance shall include both owners
(regardless of the nature of their ownership interest) and
all occupiers of land and buildings within the City of
Tamarac.
SECTION 2: PAVED AREAS. It shall be the re-
sponsibility of all persons included in the provisions of
Section 1 above to maintain all paved areas in a neat and
clean condition, free of trash, debris, refuse and litter.
In addition, all paved areas shall be maintained in a
condition of good repair, which shall include the correc-
tion and removal of all ruts, potholes, broken pavement
and proper drainage to prevent the accumulation of pools
of water. In parking areas, the parking spaces shall be
maintained in a manner which clearly delineates parking
spaces, which shall include maintenance of parking space
striping or other indicators and parking space bumpers.
This Section shall apply to all paved areas, including,
but not limited to, parking areas and ingress/egress
driveways.
SECTION 3: TRASH CONTAINER AREAS. All trash
container areas shall be maintained in a manner which
prevents the accumulation of trash, debris, refuse and
litter by providing sufficient dumpsters and sufficient
frequency of trash pickups.
All dumpsters and other trash containers shall
further be maintained in a manner so as to provide maximum
screening from public view. Provided, however, that nothing
contained herein shall require the owner or occupier of
land to construct new trash area screening structures not
required by the City of Tamarac as a condition precedent
to the issuance of the original certificates of occupancy.
SECTION 4: SODDED AREAS. All sodded areas be-
tweenstreet, pavement and property lines shall be maintained
in a clean and healthy growing condition, free of trash,
debris, refuse and litter, and free of ruts and potholes.
Provided, however, that nothing contained herein shall be
construed as lessening those standards for planted areas
containdd in Ordinance 72-5 as amended.
SECTION 5: PARKING AREAS. All parking areas,
whether paved or not, shall be maintained in such manner
so as to insure proper drainage and prevent the accumula-
tion of long standing water. It shall further be the responsibility
of those persons designated in Section 1 hereof to insure that all
parking areas are kept free -of derelict cars and trucks.
SECTION 6: BUILDING EXTERIORS. All building
exteriors, including roofs, shall be maintained in a neat,
clean and aesthetically pleasing condition, free of faded or
chipped paint or other building materials and in good repair.
SECTION 7: PENALTIES FOR VIOLATION. Each viola-
tion of this Ordinance shall be punishable by a fine of
$100.00. Each day a violation exists constitutes a separate
offense.
SECTION 8: CORRECTION OF VIOLATIONS.
(a) Should any person designated in Section 1
refuse or neglect for a period of fifteen (15) days after
receiving notice from 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,
replacement, repair or cleaning to be done by the City or,
at its option, a private firm, and the cost of such work
shall forthwith be paid by said individual owner or occu-
pier as set forth in Section 1.
(c) Upon the failure of the persons set forth
in Section 1 to whom the violation notice was issued to
promptly pay the cost of such work, the City Clerk shall
1
cause an affidavit to be placed upon the public records
of Broward County describing the work done and the cost
incurred by the City in connection therewith, and said
affidavit shall constitute a claim of lien against the
property foreclosable in the manner of mechanics' liens,
together with all costs and expenses of the action and all
reasonable attorneys' fees incurred by the City.
(d) All notices required by this Ordinance shall
be sent by certified mail to the owner of record in addi-
tion to all other persons responsible as provided in
Section I hereof, said owner of record to be determined
by the tax roll of Broward County. In addition, all said
notices shall be posted upon the premises by affixing in
any conspicuous place on any structure (should there be
any) located on the premises, or by leaving a copy of such
notice with any person of suitable age occupying or having
charge of the premises. Where property is unimproved, then
all notices shall be by certified mail in the manner herein
provided.
SECTION 9: ENFORCEMENT. Enforcement of this
Ordinance shall be by the Code Enforcement Officer of the
City of Tamarac.
SECT"ION 10: SAVINGS CLAUSE. In the event any
section, subsection, paragraph, sentence, clause or phrase
of this Ordinance shall be declared or adjudged invalid or
unconstitutional by a court of competent jurisdiction, such
adjudication shall in no manner affect the validity of the
remainder of this Ordinance or any part thereof.
SECTION 11: ORDINANCES IN CONFLICT. All Ordi-
nances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict; provided,
however, that nothing contained herein shall be construed
to repeal or amend Ordinance 72-5 as amended.
� F �
I -
SECTION 12: EFFECTIVE DATE. This Ordinance
shall become effective immediately upon its final passage.
PASSED FIRST READING THIS tape' DAY OF � 1973.
PASSED SECOND READING THIS_ DAY OF 1973.
PASSED THIRD READING THIS { d° DAY OF �, 1973.
Y
ATTEST:
I Y CLERK
eed
ERTIF that I have
he f rm anal correct --
is rdinance.
City Attorney
RECORD OF COUNCIL VOTE."`
Mayor Seltman
Vice Mayor Lange-�-
Councilman Johnson t
Councilman Shultz
Councilman Socker,