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O96-25 ORDINANCE NO. 096-25 AN ORDINANCE OF THE CITY COMMISSION OF -rile CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15. OFFENSES-MISCELLANEOUS, BY ADDING THERETO A NEW ARTICLE IX TO BE ENTITLED COMMUNITY APPEARANCE AND MAINTENANCE; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING MINIMUM STANDARDS FOR APPEARANCE AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY; PROVIDING THAT EACH AND EVERY OTHER TERM AND .PROVISION OF CHAPTER 15. OFFENSES- MISCELLANEOUS, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 163.3177(6)(0(3) Florida Statute requires that all local governments create standards for the aesthetic improvement of its existing housing stock; and WHEREAS, the City of Boynton Beach Comprehensive Plan adopted November 7, 1989, contains goals, objectives and policies which authorizes, inter alia, the City to adopt a residential exterior maintenance community appearance code; and WHEREAS, the City has identified a need to set forth standards for appearance and maintenance of all properties and structures in the City, as well as residential properties and structures; and WHEREAS, the City is desirous of amending its code of ordinances in conformity with the requirements of Chapter 163, Florida Statute and its adopted Comprehensive Plan. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH AS FOLLOWS: Section 1. Chapter 15 - Offenses-Miscellaneous, of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended by adding a new Article IX and shall read as follows: Pa~e 1 Article IX. Community Appearance and Maintenance Section 15-118. PURPOSE The purpose of this article is to define, and generally improve the quality of life by prohibiting, abating, suppressing and preventing all things detrimental to the health, comfort, safety, convenience, visual aesthetics and welfare of the inhabitants of ali zoning districts within the municipal limits of the City. Section 15-119. DEFINITIONS For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein when not inconsistent with the text. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. 1. Nuisance: For the purposes of this Article, the term "nuisance" is defined to mean any condition or use of property or of the exterior of buildings which is detrimental to the property of others or which causes or tends to cause substantial deterioration in the value of the subject property or other property in the neighborhood or area in which such property or building is located. Section 15-120. MINIMUM STANDARDS FOR APPEARANCE AND MAINTENANCE OF PUBLIC PROPERTY AND PRIVATE PROPERTY. Streets and Sidewalks 1. The owner(s) of all real property within the City abutting a public or private street or sidewalk shall not permit and it shall be unlawful to permit the growth of grass, weeds, or other flora into or over such street or sidewalk, and such owner(s) shall not allow a tree(s) or any part thereof to extend over a street or sidewalk below a height of ten (10) feet or the roots of a tree to break or raise up such street or sidewalk. II. Swales, Rights-of-way and Alleys 1. The owner(s) of all real property within the City abutting a public or private swale, right-of-way or alley shall not permit and it shall be unlawful to permit the growth of a tree growing in the adjacent swale, right-of-way or alley or any part thereof to extend over a street or sidewalk below a height of ten (10) feet or the roots there of to break or raise up the contiguous street or sidewalk. The preceding paragraph shall also require property owners to maintain swales and shoulders which lie between a property line and the pavement edge of an adjacent public street, except where the swale or shoulder is regularly maintained by the City, Palm Beach County, or other government agency. 2. It is unlawful for any person to place or cause to be placed any object or thing known to modify the design, function or shape of swales, rights-of- way or alleys, on, over, or across any swale, right-of-way or alley, except the following: Pa~e 2 a. Grass, sod, soil or dirt; Floral ground cover, shrubbery or trees - provided approval is granted from the City's Utility Department and Development Department for shrubbery and trees located within swales, rights-of- way or alleys; c. Postal mail boxes meeting the criteria of the U.S. Post Office. Solid objects made of metal, concrete, plastic, or similar materials protruding no more than three and one-half (3 1/2) inches above the ground, having a diameter no greater than eight (8) inches at their widest points, having fiat or rounded top surfaces, with each of such objects being placed no less than five (5) feet apart. III. Waterways 1. The owner(s) of all real property within the City abutting a waterway shall not permit and it shall be unlawful to permit the accumulation thereon of grass or weeds which attain a height of twelve (12) inches or more. 2. The owner(s) of all real property within the City abutting upon a waterway shall not permit and it shall be unlawful to permit trees on their respective properties to grow over the waterways (unless ten (10) feet above the water surface) or limbs, fronds, coconuts, or other debris to fall therefrom into such waterways. This shall not apply to species protected by the State unless removal of such species has been approved by the State. 3. The owner(s) of the bottom of waterways within the City shall not permit and it shall be unlawful to permit the growth of subsurface aquatic weeds above the surface of the water or to an extent that they affect public stormwater drainage in the waterway. IV. Front, Side and Rear Open and/or Landscaped Areas of Private Property 1. Open and/or Landscaped Area Maintenance: This includes, but is not limited to: a. The keeping or deposition (depositing) on, or the scattering over the premises of any junk, trash, debris, construction materials not being actively used for construction, abandoned, discarded or derelict objects or equipment, including but not limited to automobiles, trucks, buses, motorcycles, bicycles, furniture, major and minor appliances, trailers, cans or containers. b. The failure to keep or maintain all lots, fences, sheds, steps, driveways and other premises in any district clean, sanitary and free from weeds or overgrowth or deterioration. c. The keeping, maintaining, propagation, existence or permitting of any thing, by any person or entity, by which the life or health of any person or persons may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused, or the environment of any person or place rendered unclean or unsanitary by the act of another or others. d. The total areas void of landscaping or xeriscape ground covers shall not exceed one hundred (100) square feet of any pervious area visible from a public or private right-of-way, excluding alleys abutting rear yards. When such "dead spots" occur, they will be sodded or seeded to reestablish grass, landscaping or groundcover. Pa~e 3 e. Open and/or landscaped areas of the City, on developed properties, shall be covered by a lawn which shall be' maintained at a height not to exceed twelve (12) inches. f. Irrigation systems shall be maintained in good working order to provide complete coverage. g. Pervious surfaces without irrigation systems shall utilize drought tolerant grass, shrubbery with mulch or wood chips, or other drought-tolerant species so that they may be restored to a uniform green appearance as soon as weather conditions permit. Lawns which have died from lack of water or other causes shall be reseeded or sodded. This requirement shall not apply to areas covered by pavement, areas that are covered by shellrock, limerock, gravel, decorative stone or any other dust-free surface, or areas covered by landscaping, mulch or wood chips, which are regularly renewed and kept free of weeds. h. Trees, and shrubs shall be trimmed and pruned and the property owner shall be responsible for maintaining said trees and shrubs in accordance with subsection Sec. 15-120.1, II and Ill of this article. i. For sites which are currently under development, applicable requirements for control of airborne particulate matter which are set forth elsewhere in the City of Boynton Beach Code of Ordinances shall apply. 2. Prohibition aqainst nuisances: The owner(s) of all real property within the City shall not permit a nuisance as defined by this Article and it shall be unlawful to permit a nuisance to exist on its property such as; placing, depositing, leaving or dumping any debris, refuse, trash, rubbish, junk, garbage, ashes, broken articles or waste material of any kind or nature on private property, or to create thereby an attraction for animals, insects or vermin, or to the deterioration of any structure or to create thereby a nuisance as defined in this Article or to place in jeopardy, the health, safety and welfare of the citizens of the City. This shall not preclude placing of trash at curb-side for pick up by sanitation vehicles. V. Exterior of Buildings and Structures 1. The owner(s) of all real property within the City shall not permit and it shall be unlawful to permit the deterioration of the exterior of a building to become a nuisance as defined by this article. 2. Building exterior maintenance: For the exterior of any buildings and structures, a nuisance is declared to exist if the owner or tenant of real property permits the exterior of a dwelling to deteriorate to the point where: a. 20% or more of the paint is blistered and peeling or missing, or rotted on the exterior non-fenestrated building surface area, including but not limited to, facia boards, eaves, siding; or awnings, garages, carports. b. 20% or more of the roof surface materials such as, shingles, tiles, or any other roofing materials are loose or missing. c. fenestrable areas, such as windows, doors, screens; i.e. broken glass, screening, rails and styles are deteriorated. Section 2. Each and every other provision of Chapter 15, Offenses- Miscellaneous of the Code of Ordinances of the City of Boynton Beach, Florida, shall remain in full force and effect as previously enacted. Pa~e 4 Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. passage. FIRST READING this /,~ day of ,,~,~'~,,¢ SECOND, FINAL READING and PASSAGE this ~P,~/~ ,1996. CITY OF BOYNTON BEACH, FLORIDA ~~~ Mayor ~}~'~~~-~~ice Mayor ~~~~~Comm,ss,oner This ordinance shall become effective immediately upon , 1996. ~ day of Commissioner Commissioner ATTEST: Cit~Clerk Page 5