Ordinance 12-2011 Natural Resources ORDINANCE NO. 12-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 126 RELATING TO VEGETATION; AMENDING
SECTIONS 126-31 AND 126-83; DELETING SECTION 126-
88; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 126, Vegetation; Article II, Trees; Division 1, Generally; Section
126-31, to read as follows:
"Sec. 126-31. Hazardous trees.
It is declared that trees and hedges located within the vicinity of any
building or public utility facility or above ground utility line that have
reached a height or are in a condition that might render them dangerous to
such buildings or public utility facilities or above ground utility lines in the
event of high winds or hurricanes or other storm event are hereby
declared to be public nuisances and dangerous to buildings, persons and
property in the vicinity thereof, and when such conditions are made to
appear to the Chief of Police, or his designee, the same shall be removed,
topped or pruned upon the order of the Chief of Police, or his designee, to
do so and within the timeframe so ordered. Failure of the property owner
to take such action as ordered by the Chief of Police, or his designee,
shall constitute a violation of this code subject to the enforcement
provisions provided for herein. alternatively, depending upon the severity
of the circumstances, the procedures applicable to the abatement of
nuisances on private property prescribed by chapter 42, article II of this
Code shall be applicable to nuisances under this section."
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 126, Vegetation; Article II, Trees; Division 3, Lethal Yellowing;
Section 126-83, to read as follows:
"Sec. 126 -83. Inoculation required; expense.
(a) All palm trees within the town on town property or right -of-
way susceptible to lethal yellowing shall be inoculated with oxytetracycline
or other antibiotic approved and recommended by the state department of
agriculture. The first inoculation shall be completed by April 14, 1974, and
repeated thereafter as recommended by the State Department of
Agriculture..
(b) The inoculation of trees shall be performed under the
direction of the town with town forces or private contractors as the town
council may determine to be in the best interests of the town. The expense
and costs of the inoculation program shall be borne by the town and paid
from general funds of the town available for the purpose for those trees on
town property or right -of -way. The expense and costs of the inoculation
program for those trees on private property shall be voluntarily borne by
the property owner who may secure the service from the town's private
contractor at the same cost as charged the Town."
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 126, Vegetation; Article II, Trees; Division 3, Lethal Yellowing; by
deleting Section 126 -88 in its entirety.
Section 4. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Ordinance No. 12 -11 Page 2 of 3
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 8 day of March, 2011, and for second and
final reading on this 12 day of April, 2011.
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ii oni i ,Mayor David A. Rosow, Town Council President
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• . ' , rll Robert N. Wildrick, President Pro Tem
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�� ' ^, i Liam C3iamond, Town puncil Member s4 . t'`�'s. ' :t` • w , „k' ' (7/2
ATTEST: Rich. d M. Kleid, Town Council Member
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Susan A. Owens, . wn Clerk Micha- J. Pucill. � o n Council Member
N: \TGB \Misc \2009\Attorney \Town Code \1905340- ordinance chapter 126 red.DOC
Ordinance No. 12 -11 Page 3 of 3
NO. 12 -11
The following Ordinance Number 12-
1 1 published by caption only, which
will be read and shall be adopted at
the Town Council Meeting held in the
Town Hall Council Chambers at 360
South County Road, Palm Beach,
Florida, on the 12th day of April
2011, will be presented for a second
reading in the Town Hall Council
Chambers at 360 South County Road,
Palm Beach, Florida, on the 12th day
of April, 2011, at 9:30 a.m. Any
interested party may appear at said
meeting and be heard with respect to
this proposed Ordinance. The subject
Ordinance may be inspected by the
public at the Town Hall on the first floor
Bulletin Board, or in the Office of the
Town Clerk.
ORDINANCE NO. 12-11
AN ORDINANCE OF THE
TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE
OF ORDINANCES AT CHAPTER
126 RELATING TO VEGETATION;
AMENDING SECTIONS 126-
31 AND 126 -83; DELETING
SECTION 126 -88; PROVIDING
FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN
EFFECTIVE DATE
Pursuant to Florida Statute 286.0105,
please be advised that if any person
decides to appeal any decision made
by the Town Council with respect to
any matter considered at this meeting,
a record of these proceedings will be
needed, and that, for such purpose,
such person may need to ensure that
a verbatim record of the proceedings
is made, which record includes the
testimony and evidence upon which the
appeal is to be based.
Cheryl Somers
Acting Town Clerk
Town of Palm Beach
PLUSH: Palm Beach Daily News,
Thursday, March 31, 2011
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THE PALM BEACH DAILY NEWS
Published Daily from the third Sunday In September through
the third Sunday in May; Bi- weekly June through September.
Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Linda Goings who on oath says that she is
Advertising Director of the Palm Beach Daily News, a daily and a bi- weekly newspaper published
at Palm Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a i
Public Notice in the matter of Reference #5896365R was published in said newspaper In the issue of
March 31St. 2011.
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/ .�/J / Ad '.')[ Director i
Sworn to and subscribed before me this y ' / ,t *A.i ,(.- , 41-en,
Notary Public
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