Loading...
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. • Page 1 of3 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. Page 2 of 3 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. ~,,., ''~~, ~.~!1; (`tillage Seal),.>, ~ ,.~-/~ ~~~,:Ep~B, i~,,, MAYOR •';~ ATTEST: ' " , ~,~.. '~~ ~~~-~i/~~Oil ~~~i VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: • VILLAGE ATTORNEY Page 3 of 3