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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-087This,Urdjuance was introduced by . �', c�(a _ (= 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,