04-078
, , I
1 ORDINANCE NO. 04- Oì 8
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 15 OF THE CODE OF
5 ORDINANCES ENTITLED "OFFENSES-MICELLANEOUS"
6 ARTICLE IV, COMMUNITY APPEARANCE AND
7 MAINTENANCE, SECTION 15-120, PROVIDING FOR I
8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN I
I
9 EFFECTIVE DATE.
i
I
10 I
WHEREAS, upon recommendation of staff, the Commission has determined that in I
11 i
I
I
12 order to provide for proper clearance for City emergency vehicles and garbage disposal
13 equipment that it is necessary to increase the required clearance above streets, roads and I
14 right-of-ways to fourteen feet (14').
15 I WHEREAS, the City Commission deems it appropriate and in the best interests of
16 I the citizens and residents of the City of Boynton Beach, to amend the City's Code of
17
I Ordinances to provide for the increase in the clearance height. I
18 II NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 I Section 1. The foregoing whereas clause is true and correct and is now ratified and
21 confirmed by the City Commission.
22 Section 2. That Chapter 15, Article IX, Section 15-120, "Minimum Standards for
23 I appearance and maintenance of pub lie property and private property", 0 fthe City of Boynton
24
I Beach Code of Ordinances be, and the same is hereby amended by adding the words and
25 I figures in underlined type and by deleting the words and figures in struck-through type, as
26 . follows:
I See, 15-120, Minimum ,t"ndard, for appearance and maintenance of public I
27
28 property and private property.
29 I
30 , (a) Streets and sidewalks. The owner(s) of all real property within the city
31 i abutting a public or private street or sidewalk shall not permit~ and it shall be I
;
,
32 I unlawful to permit the growth of grass, weeds, or other flora into or over such
33 I street or sidewalk, and such owner( s) shall not allow a tree( s) or any part
34 i thereof to extend over sidewalks below a height often (10') feet or the roots of
I a tree to break or raise up such street or sidewalk, or allow a tree or any part I
35 I'
36 I thereof to extend over a road, street or right-of-way below a height of fourteen
I
37 (14) feet. I
38 I
39 (b) Swales, rights-of-way and alleys. I
40 i
41 I (c) The owner(s) of all real property within the city abutting a public or private
I
42 i swale, right-of-way or alley shall not permit~ and it shall be unlawful to permit I
i I
IS:\CA\Ordinances\Tree Height (ROW).doc
II
II I
, i I
1 the growth of a tree growing in the adjacent swale, right-of-way or alley or any
2 part thereof to extend over a street or sidewalk below a height of ten (10') or
3 the roots thereof to break or raise up the contiguous street or sidewalk, or allow
4 a tree or any part thereof to extend over a road, street or right-of-way below a
5 height of fourteen (14) feet.
6 ***
7
8 Section 3. Each and every other provision of Chapter 15, Code of Ordinances not
9 i herein specifically amended, shall remain in full force and effect as originally adopted.
10 Section 4. All laws and ordinances applying to the City of Boynton Beach in
11 · . conflict with any provisions of this ordinance are hereby repealed.
12 Section 5. Should any section or provision of this Ordinance or any portion
13 I thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
14 ' affect the remainder of this Ordinance.
15 Section 6. Authority is hereby given to codify this Ordinance.
16 Section 7. This Ordinance shall become effective immediately.
17 FIRST READING this.J.l day of SepreM~~r ,2004.
18 SECOND, FINAL READING AND PASSAGE this 4 day of
19 Oc:rÐber- ,2004.
CITY OF BOYNTON BEACH, FLORIDA I
20 I
21 - I
22 "'-~ . I
I
23 I
24 I
25 I
26 I
27 .' I
28 I
I
29 I
30
31
32 ,
;
I
33 I -.,".
34
35 IA TTEST: I
36 I
37 I ~
38 .' " .: I
39
40 I
41
I
I
i
I
ì
I