2009-09 Nuisance Abatement AmendmentORDINANCE 2009-09
• 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 IV, "ABATEMENT OF PUBLIC NUISANCES ON
PRIVATE PROPERTY," SECTION 14-79, "DEFINITIONS," TO INCLUDE
VEHICLES, BOATS AND BOAT TRAILERS WITHOUT CURRENT AND
VALID TAGS OR REGISTRATIONS AS REQUIRED BY STATE LAW
WITHIN THE DEFINITION OF DEBRIS THEREBY PROHIBITING THEIR
STORAGE ON PRIVATE PROPERTY UNLESS WITHIN AN ENCLOSED
STRUCTURE AND NOT VISIBLE AT GROUND LEVEL FROM ADJOINING
PROPERTIES OR PUBLIC RIGHTS-OF-WAY; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2008-15, the Village amended and consolidated
its procedures for the abatement of nuisances on private property and adopted a new Article IV,
"Abatement of Public Nuisances on Private Property," of Chapter 14 ofthe Village Code; and
WHEREAS, Ordinance No. 2008-15 repealed Division 3, "Abandoned, Inoperative and Junked
Property" of Article II, "Garbage, Trash and Refuse," of Chapter 14, "Health and Sanitation," of
the Village Code in its entirety and incorporated such provisions with the new Article IV; and
WHEREAS, the provisions of former Section 14-39 of the Village Code, which included
vehicles, boats and boat trailers without current registrations not stored within a fully enclosed
building within the definition of wrecked, junked or inoperative vehicles, boats and boat trailers,
were inadvertently omitted from the new Article IV; and
WHEREAS, the Village Council wishes to amend Article IV of Chapter 14 of the Village Code
to include such vehicles, boats and boat trailers within the definition of debris to require storage
within a completely enclosed structure so they are not visible at ground level from adjoining
properties or public rights-of--way; and
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best
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 Article IV, "Abatement of Public Nuisances
on Private Property," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances
by amending Section 14-79 to read as follows (additional language is underlinedl:
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Sec. 14-79. Definitions.
• The following words and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Debris means any trash, rubbish, pipes, paper, wrapping, crates, boxes of
any type, tin cans, wood, bottles, glass, animal and vegetable wastes, or other
discarded materials, including vehicles, boats and boat trailers in a rusted,
wrecked, junked, inoperative or partially dismantled condition. This definition
shall include any vehicle, boat or boat trailer that does not possess a valid and
current registration or to which a valid and current license plate or re~-,istration
decal is not affixed as required by state law.
Personal property means all forms of personal property and chattel, other
than real property.
Sec. 14-80. Uses or activities constituting a public nuisance.
The following uses or activities upon any improved or vacant parcel, lot,
tract, land or premises within the village shall constitute a public nuisance and a
violation of this code, subject to the nuisance abatement procedures set forth in
this article and all other methods of code enforcement available to the village,
including, but not limited to code enforcement proceedings and injunctive relief:
(1) The condition of ill repair or lack of maintenance of any real
property such that the condition is deemed unsafe or creates a
health, sanitation, or safety hazard, including, but not limited to,
the harboring of rats, snakes and other vermin or the pooling of
water that may serve as breeding grounds for insects and other
disease vectors;
(2) The growth of weeds, grass, or other similar ground cover which
exceeds twelve (12) inches in height for an improved lot and
eighteen (18) inches in height for a vacant lot, or the uncontrolled
growth of vegetation which fails to present a healthy appearance; or
(3) The presence, accumulation, storage, or otherwise keeping of
debris or any abandoned, discarded, or unused personal property
when not completely enclosed in a structure and visible at ground
level from adjoining properties or public rights-of--way.
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Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
• the Village ofNorth Palm Beach, Florida.
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Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance 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 this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 9th DAY OF JULY, 2009.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY O~t~LJLY, 2009.
(Village Seal)
ATTEST:
~ ~- ~~~
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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VILLAGE ATTORNEY
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