2009-01 Residential Yard Waste Collection RequirementsORDINANCE 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 ANEW
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 resowces and ensure the safety of
Village residents, the Village Council wishes to formally adopt requirements and standazds for the
collection of residential yazd waste; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
interests ofthe health, safety and welfare ofthe 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 aze incorporated herein.
Section 2. The Village Council hereby amends Chapter 14, "Heahh and Sanitation," Article II,
"Gazbage, 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 vard waste.
~ Dernition. For the nurooses of this section, vard waste shall
include grass clippings, leaves, shrub trimmings, paten fronds and tree limbs. Yard
waste shall not include dirt, rocks and similar materials removed from propa~t
uti7izin equipme<rt or other waste resuhmg from land cadivRies.
bL1 Requirements for collection.
(~ Loose vard nx~ste. Loose Yazd waste, such as rg ass clippinQS and
leaves. shall be placed in standazd 32 to 50 gallon cans or sealed
plastic baes, with each container weighing less than 50 pounds.
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Branches tree limbs shrub clippings and palm ronds.
a. All branches tree limbs, shrub clippings and palm fronds
• shall be cut into lengths not exceedi~ 4 feet prior to being
,placed in the Swale for collection. Each single item shall
weigh less than 50 pounds.
b. t7n any scheduled yard waste collection day, branches, tree
limbs shrub clippings and Halm fronds shall be limited to
one pile not exceeding 8 cubic ids, measuring
approximately 4 feet wide by 15 feet lone by 4 feet tall.
u No ~ropertv owner shall generate ~d waste for collection once
any portion of the village has been placed under a hurricane or
trop ical storm watch or warning by the national hurricane center of
the national oceanic and atmospheric association (NOAH).
Anv person group of persons corporation or other entitkpaid 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 required to remove all yard waste
generated by suchtree trinur>mg or landscape maintenance activities.
j~ 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 required by this
section shall constitute a separate offense.
Assessment of Costs.
In addition to any fines imposed through the code enforcement
process for violations of this section Qroperty owners shall be
required to pay the costs associated with the collection of: (i) yard
waste in excess of the maximum amount set forth in subsection
Lb)(2) above• (iil yard waste placed for wllection as prohibited by
subsection ~bl(3) above' or (niileard waste placed for collection by
persons corporations or fines paid a fee to perform tree trinlinling
or landscape maintenance activities as prohibited by subsection
(b)(4) above The village council shall establish a schedule of such
costs by resolution.
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 requested and regular U.S.
mail The property owner shall have fifteen (15) days from the date
of mailing in which to pay the vests or challenge the impositi_on_and
• amount of the costs by requesting a hearing before the village code
enforcement board.
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f~ If the~roperty owner fails to pay the costs or if the ~ropertv owner
• requests a hearine and the boazd decides adversely to the ~operty
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. Viable to the village.
The assessment shall beaz interest at the current legal rate of
interest per annum as ~ovided 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 dischazged by payment or otherwise or until settled and released by
the commimitydevebpment direGororthe villagerr~anagca.
Section 3. The provisions of this Ordinance shall became and be made part of the Code of
Ordinances for the Village ofNorth Palm Beach, Florida.
Section 4. If any section, pazagraph, 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 aze hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 11th DAY OF DECEMBER, 2008.
PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF JANUARY. 2009.
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(`tillage Seal),.>, ~ ,.~-/~
~~~,:Ep~B, i~,,, MAYOR
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ATTEST: ' "
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
• VILLAGE ATTORNEY
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