14-96 ORDINANCE NO. 14-96
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 100, "NUISANCES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
ENACTING A NEW SECTION 100.09. "LANDS TO BE
KEPT FREE OF PALM TREES INFECTED WITH
LETHAL YELLOWING"; TO PROVIDE FOR THE
DECLARATION OF NUISANCE; AUTHORIZING
INSPECTIONS AND REMOVAL OF INFECTED PALM
TREES; NOTICE PROCEDURES; LIEN PROVISIONS,
AND PENALTIES; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the Delray Beach City Commission finds the disease of palm trees,
known at "lethal yellowing" to be experiencing a resurgence within the City limits; and,
WHEREAS, the disease is a highly infectious disease, known to be spread by plant
leaf hoppers; and
WHEREAS, any infected palm tree left standing, becomes a source of infection for
healthy palm trees; and,
WHEREAS, there is no known cure for lethal yellowing, so removal is required in
order to limit the disease from spreading; and
WHEREAS, in order to protect the health, safety and welfare of the community, trees
exhibiting the symptoms of the disease shall be removed within ten (10) days, following
notification by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Provisions", Chapter 100, "Nuisances" of the City
of Delray Beach Code of Ordinances be and the same is by amended by enacting a new
Section, 100.09, "Lands to be Kept Free of Palm Trees Infected with Lethal Yellowing",
which reads as follows:
Section 100.09 Lands to be Kept Free of Palm Trees Infected with Lethal Yellowing:
(A) Nuisance Declared: The existence of palm trees infected with. or clearly
exhibiting the symptoms of lethal yellowing is hereby declared a public nuisance as
those palms continue to be infectious and are a threat to healthy palm trees in the area.
The disease is characterized by the blackening o1' the young inflorenscences (flower
stalk) on infected palms. On coconuts palms, developing fruits will suddenly drop off
the stems. Mature leaves begin to yellow, until all leaves in the canopy wilt and die.
In other palm species, the yellowing may not be conspicuous: instead, leaves collapse
and the palm quickly dies.
(B) Inspections Authorized: Hindering Inspections Declared Unlawful:
(1) The City. Manager, or the authorized designee, is authorized and
empowered to enter upon any lot or parcel of land in the CiLy at any reasonable
hour for the purpose of inspecting any palm trees(s) situated thereon, The
authorized individual may remove tissue samples from any palm for the purpose
of laboratory, analysis, if needed, to determine whether the palm is infected with
lethal yellowing. The removal of plant tissue for analysis is at the sole
discretion of the City. Manager or the authorized designee. The CitY Mallager
or the authorized designee may require the removal of a palm tree on the basis
of the obvious physical demise of the palm alone, where symptoms are
consistent with the patterns of decline associated with lethal yellowing.
(2) It shall be unlawful for any person to take an.v action to prevent
the City Manager. or authorized designee, from entering on any lot or parcel of
land in the City for the purpose of such inspection, or to interfere with the City.
Manager, or authorized designee, in the performance of an.v duties provided for
under the provisions of this section.
C) Removal of Trees: Notice Required: Whenever the City_ Manager or
authorized designee, determines that a particular palm is infected with lethal yellowing
and said tree poses a threat of infecting other healthy trees, the City. Manager. or the
authorized designee shall notify, the' owner of the property_ on which the palm tree is
located in writing, and shall require the owner to cause the condition to be remedied by
removal no later than ten (10) days from the date of notice. The notice shall be sent by
first-class mail. addressed to the owner of the property, as indicated by the county tax
records pursuant to the notice provisions in Section 100.21 and 100.22 of the Code of
Ordinances. Prior to the removal, the owner or owner's contractor shall obtain a tree
removal permit pursuant to Section 2.4.6(G)(1) of the City's Land Development
Regulations. If the owner of said property, have not caused said palm(s) to be removed
within the time period, the City. Manager or authorized designee, shall enter upon the
property., and remove the infected palms at the owner's expense.
(D) Lien for Removal by City_:
(1) After thc removal of the palm(s), the City_ Manager. or the
authorized designee, shall certify, the expenses incurred in such removal. Such
expenses shall become payable within sixty. (60) days. If payment is not
received, a lien and charge will be made upon the property equal to the cost of
2 ORD. NO. 14-96
removal plus administrative, mailing, and removing costs. The lien amount
shall be payable with interest at the rate of eight percent (8%) per annum from
the date such payment has become delinquent.
(2) Such lien shall be enforceable in the Same manner as a special
as$¢ssmem lien in favor of the City of Delray Beach. except that the City of
Delray Beach may file suit to foreclose such lien at any time after the expiration
of sixty_ (60) days from the date the assessment was certified by the City.
Manager. or his authorized designee to the Director of Finance. Notice of such
lien shall be filed in the office of the clerk of the circuit court and recorded
among the public records of Palm Beach County.. Florida.
(E) Violation; Penalty_: Anyone who resists or obstructs an individual who is
carrying out the provisions of this article shall be guilty of a misdemeanor punishable
by a fine not exceeding $500.00 or imprisonment for a term not exceeding ninety (90)
days. or by both a fine and irnprisonment. Each day any violation of any provision of
this Code or of any Ordinance shall constitute a separate offense.
~. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
~. That this ordinance shall become effective aflmXd~laamal~ent~,mm~l:qaz,t
fi~l{~~ immediately upon adoption.
first
PASSED AND ADOPTED in regular session on ~ea:~mad~fam, t reading on this the
5th day of March , 1996. (Passed and adopted as an emergency
ordinance)
ATTEST:
City Qlerk ....... d'
FkstReading March 5, 1996/Passed and adopted as an emergency ordinance.
Second Reading N/A
palm.oM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~7~/I
SUBJECT: fD
DATE: MARCH 1, 1996
This is first reading for Ordinance No. 14-96 which amends Chapter
100, "Nuisances", of the City Code by enacting a new Section
100.09, "Lands to be Kept Free of Palm Trees Infected with Lethal
Yellowing". It provides the mechanism for a public nuisance to be
declared when, upon inspection, a palm tree infected with or
exhibiting symptoms of lethal yellowing is identified. Notice to
remove the infected tree is then provided to the property owner.
If the tree is not removed within ten days, the City will have the
authority to remove it at the owner's expense. The ordinance also
provides a lien provision and penalties.
Unfortunately, the City is experiencing a resurgence of the lethal
yellowing disease. As indicated in the memorandum from the City
Horticulturist, at least 20 palm trees in the vicinity of Atlantic
Dunes Park have been identified as infected and dying. The disease
is highly infectious and is spread by plant leaf hoppers. Any
infected palm tree becomes a source of infection for healthy trees.
There is no known cure, so removal of infected palms as quickly as
possible is essential if we hope to limit the spread of the
disease.
Staff has been working diligently to remove infected trees, but has
met some resistance from property owners who have trees which are
either not completely dead or are still in the early stages of the
disease. Some of you may recall the toll lethal yellowing took on
South Florida's palm trees some twenty years ago. It is imperative
for the City to have the authority to remove infected trees as
quickly as possible.
In view of the above, I am recommending that Ordinance No. 14-96 be
This requires declaration of an
emergency by enactment of the ordinance by a
two-thirds vote. The basis for the emergency is the need to remove
infected palm trees as soon as possible in an effort to stem the
spread of the lethal yellowing disease.
ref: agmemol 1
£1TY OF DEI. ItI Y BE#£H
FACSIMILE 407/278-4755
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~t~
SUBJECT: Adoption of Ordinance -
Removal of Palm Trees Infected with Lethal Yellow
As indicated in the attached memorandum from Nancy Davila, City Horticulturalist, the
City's ordinance declaring lethal yellowing a nuisance is no longer in existance.
Therefore, adoption of the propsoed ordinancw will allow the City to take action to
require an owner to remove an infected palm tree. In the event the owner fails to remove
the tree after receiving notice, the City may remove the tree and collect its costs.
Please call if you have any questions.
/jlk
cc: David Harden, City Manager
Lula Butler, Dir. of Community Improvemeflts
Alison MacGregor Harty, City Clerk
Nancy Davila, City Horticulturist
palmmem.dnt
Pr/nt~:,¢l on Rc, cyclod Paper
MEMORANDUM
TO: SUSAN RUBY, CITY ATTORNEY
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: LETHAL YELLOWING ORDINANCE
DATE: FEBRUARY 14, 1996
Per our recent phone conversation, Lethal Yellowing, the disease that
ravaged the palms in South Florida twenty years ago, is back. In an area
near Atlantic Dunes Park, going two blocks to the west and three streets
north and south in both directions, we identified over 20 palms that were
infected and dying.
These palms need to be removed as soon as possible, since the disease is
spread from palm to palm by a plant leaf hopper (Mendus crudus).
At one time we had an ordinance which addressed this problem as a public
nuisance and required the removal of the infected palms. The ordinance was
evidently not included in one of many recodifications, and therefore, needs
to be reinacted.
I have attached a draft of the proposed ordinance. I think it would be
appropriate to have it in the Code of Ordinances, Section 100.09 under
Public Nuisance. ·
Time is of the essence with this disease being rampant, so please do what
you can to expedite the adaptation to tha proper form and its subsequent
adoption by the City Commission. If you have any questions or need any
clarification, please call me at extension 7226.
cc: Rich Bauer
Robert Kussner