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HomeMy WebLinkAbout2009-01 Residential Yard Waste Collection Requirements• • ORDINANCE 2009-01 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "GARBAGE, TRASH AND REFUSE," DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," TO ADOPT A NEW SECTION 14-31, "COLLECTION OF RESIDENTIAL YARD WASTE;" PROVIDING FOR DEFINITIONS, COLLECTION REQUIREMENTS, VIOLATIONS AND ASSESSMENT OF COSTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an effort to fairly allocate Village resources and ensure the safety of Village residents, the Village Council wishes to formally adopt requirements and standards for the collection of residential yard waste; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 14, "Health and Sanitation," Article II, "Garbage, Trash and Refuse," Division 2, "Garbage Collection and Disposal," by adopting a new Section 14-31 to read as follows (additional language underlined): Sec. 14-31. Collection of residential yard waste. Definition. For the purposes of this section. yard waste shall include crass clippings. leaves. shrub trimmings. palm fronds and tree limbs. Yard waste shall not include dirt. rocks and similar materials removed from property utilizing mechanical ea ipme t or other waste resulting from land clearing activities. (b) Requirements for collection. Loose yard waste. Loose yard waste. such as grass clipping s and leaves. shall be placed in standard 32 to 50 gallon cans or sealed plastic bags. with each container weighing less than 50 pounds. Page 1 of 3 • • Branches, tree limbs. shrub clippings and palm fronds. a. All branches. tree limbs. shrub clippings and Halm fronds shall be cut into lengths not exceeding 4 feet prior to being placed in the swale for collection. Each single item shall weigh less than 50 pounds. b. On anv scheduled yard waste collection day. branches. tree limbs. shrub clippings and palm fronds shall be limited to one vile not exceeding 8 cubic yards. measuring annroximately 4 feet wide by 15 feet long by 4 feet tall. 111 No property owner shall generate yard waste for collection once anv portion of the village has been placed under a hurricane or tropical storm watch or warning by the national hurricane center of the national oceanic and atmospheric association (NOAA). 141 Any person. group of persons. corporation or other entity paid a fee to perform tree trimming or landscape maintenance activities within the village shall be registered with the village's community development department and shall be reauired to remove all yard waste generated by such tree tinning or landscape maintenance activities. �cZ Violations. The provisions of this section shall be enforced by the village's code compliance division or public safety department. Each performance of any act prohibited by this section or failure to perform an act reauired by this section shall constitute a separate offense. fil Assessment of Costs. In addition to anv fines imposed through the code enforcement process for violations of this section. property owners shall be reauired to pay the costs associated with the collection of: (i) yard waste in excess of the maximum amount set forth in subsection (b)(2) above: (iil yard waste placed for collection as prohibited by subsection (b)(3) above; or (iii) yard waste placed for collection by persons. corporations or firms paid a fee to perform tree trimming or landscape maintenance activities as prohibited by subsection (b)(4) above. The village council shall establish a schedule of such costs by resolution. al The village manager or village public works director shall certify the amount of the costs and mail such certification to the property owner via certified mail, return receipt reauested. and regular U.S. mail. The property owner shall have fifteen (15) days from the date of mailing in which to pay the costs or challenge the imposition and amount of the costs by requesting a hearing before the village code enforcement board. Page 2 of 3 If the property owner fails to pay the costs or if the property owner requests a hearing and the board decides adversely to the property owner. the village shall assess the costs against the property owner and record the assessment in the public records. The recording of the assessment shall create and constitute a lien against such property for the amount of the assessment. payable to the village. The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the recording of the assessment. Lien assessments may be enforced by civil action in the appropriate court of competent jurisdiction. The lien shall continue in full force until discharged by payment or otherwise or until settled and released by the comni n itv development director or the village manager. Section 3. The provisions of this Ordinance shall become and be made part of the Code of Ordinances for the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective immediately upon adoption. PLACED ON FIRST READING THIS 1lth DAY OF DECEMBER. 2008. PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF JANUARY. 2009. a `'-(Village Seal) ,t = , -/. 4.- hu L iii �.: vMDA : tea+? OTEST: .D%d!/✓rig VILLAGE CLERK APPROVED AS TO FORM AND LEGAL (SUFFICIENCY: • VILLAGE ATTORNEY Page 3 of 3