Ordinance 32-2011 Environment ORDINANCE NO. 32 -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 42, ENVIRONMENT; ARTICLE II, CONDITIONS
ON PRIVATE PROPERTY; DIVISION 3, UNSIGHTLY,
UNSAFE OR UNSANITARY CONDITIONS; AT SECTION
42 -86, MAKING IT UNLAWFUL AND CONSTITUTING A
NUISANCE FOR ANY PERSON OWNING LAND WITHIN
THE TOWN TO HAVE OR PERMIT THEREON ANY DEAD,
DYING OR DEFOLIATED HEDGES OR TREES, OR
HEDGES, TREES OR OTHER PLANTS INFESTED WITH
EXOTIC PESTS SUCH AS WHITEFLY; 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 42, Environment; Article 11, Conditions on Private Property;
Division 3, Unsightly, Unsafe or Unsanitary Conditions; Section 42 -86, Prohibited, to
include a new item (21) to read as follows:
"Sec. 42 -86. Prohibited.
It shall be unlawful and shall constitute a nuisance for any owner of
land within the town to have or permit thereon any:
(1) Conditions in violation of any of the provisions this chapter.
(2) Rank vegetational growth that exudes unpleasant or noxious
odors, high or rank vegetational growth that may conceal
pools of water, trash or filth, or any other deposits that may
be detrimental to health.
(3) Brush, weeds or grass that shall be greater than eight inches
in height above the ground.
(4) Dead or dying trees, stumps, roots or obnoxious growth.
(5) Sand, soil or other fill material used in connection with or
resulting from construction projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or structures, ruins of any
kind or buildings, docks, walls or other structures in a failing
or dangerous condition.
(8) Any condition which provides harborage for rats, mice,
snakes, or other vermin.
(9) Any building or other structure which is in such a dilapidated
condition that is unfit for human habitation, or kept in such an
unsanitary condition that it is a menace to the health of
people residing in the vicinity thereof, or presents a more
than ordinary dangerous fire hazard in the vicinity where it is
located.
(10) All unnecessary or unauthorized noises and annoying
vibrations, including animal noises.
(11) All disagreeable or obnoxious odors and stenches, as well
as the conditions, substances, or other causes which give
rise to the emission or generation of such odors and
stenches.
(12) The carcasses of animals or fowl not disposed of within a
reasonable time after death.
(13) The pollution of any public well or cistern, stream, lake,
canal, or body of water by sewage, dead animals,
commercial wastes, or other substances.
(14) Any building, structure, or other place or location where any
activity which is in violation of local, state, or federal law is
conducted, performed or maintained.
(15) Any accumulation of stagnant water permitted or maintained
on any lot or piece of ground.
(16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or
cinders, in unreasonable quantities.
(17) Any condition constituting a fire hazard.
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(18) Any worn -out, scrapped, partially dismantled, nonoperative,
unusable, or discarded materials or objects, such as
automobiles or parts thereof, building materials, machinery,
metal, wastepaper, rags, glassware, tinware, vehicles, boats
or parts thereof, or other items of junk. Failure of any vehicle,
or parts thereof, to have a valid license plate or other
registration certificate specifically attached to the vehicle or
part thereof, shall be prima facie evidence that such property
is worn out, scrapped, nonoperative, unusable or discarded.
(19) Failure of any person who has cleared land pursuant to a
land clearing permit to resod, replant or periodically sprinkle
the cleared area to prevent creation of windblown dust or
dirt.
(20) A seawall or bulkhead which falls into a state of disrepair or
ruin so as to allow erosion to land adjacent thereto.
(21) Dead, dvina or defoliated hedaes or trees.
(22) Hedqes, trees or other plants infested with exotic pests such
as whitefly [Sinahiella simplex (Sinah) (Hemiptera:
Alevrodidael)1 "
Section 2. 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 3. 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.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
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Section 5. 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 13 day of December, 2011, and for
second and final reading on this 10th day of January, 2012.
) 16
it L. Coniglio, Mgor sow, Town Council President
R b rt ildrick Council Presi n r, Tem
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illiSm J. 4amond, Town Council Member
ATTEST: Rich r M. Kleid, Town Council Member
$i) O
an.A. wens, Town Clerk Michae . Puciife" wn` Council Member
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