15-95 ORDINANCE NO. 15- 9 5
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, FLORIDA, BY
AMENDING SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND
VEGETATION UPON. LANDS PROHIBITED", TO PROVIDE FOR THE
DECLARATION THAT THE ACCUMULATION OF VEGETATIVE TRASH
MIXED WITH NON-VEGETATIVE TRASH IS A PUBLIC NUISANCE; TO
PROVIDE FOR THE DECLARATION THAT ACCUMULATIONS OF LOOSE,
UNCONTAINERIZED OR UNBUNDLED REFUSE, OTHER THAN HEAVY,
BULKY ITEMS IS DECLARED A PUBLIC NUISANCE AND IS PROHIBITED;
AMENDING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED" TO
PROVIDE FOR THE ISSUANCE OF A WARNING NOTICE BY CODE
ENFORCEMENT OFFICIALS PRIOR TO A COUNTY COURT CITATION
NOTICE BEING ISSUED; PROVIDING A SAVINGS CLAUSE, A REPLEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach finds that once vegetative trash is
mixed with other types of refuse, the tipping fee to dispose of the mixed refuse increases significantly over that
charge for pure vegetative trash; and
WHEREAS, at the current time there is no ordinance which prohibits the mixing of vegetative
trash and other refuse; and
WHEREAS, in order to ensure the removal of mixed trash from property, the City Commission
finds that it should be the property owner's responsibility to eliminate the mixing of trash on their property; and
WHEREAS, containerizing trash to enable it to be picked up during a regular garbage pickup
reduces costs by eliminating the tipping fees incurred for the bulk pickups and damage to swales which result
from the usage of "clam trucks" which pick up the items; and
WHEREAS, the appearance of the neighborhoods within the City of Delray Beach will be
improved with the elimination of uncontainerized trash laying in the swales, which will have a positive affect on
property values within the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 100, "Nuisances," Section 100.01, "Existence of Weeds, Trash and
Vegetation Upon Lands Prohibited,' of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 100.01 EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS
(A) (1) The existence of weeds, dead or living plant life, undergrowth, brush, trash, filth,
garbage or other refuse on any lot, tract or parcel of land in the City, whether improved or unimproved,
which has caused the property to become, or which may reasonably cause the property to become infested
or inhabited by rodents, snakes, vermin or wild animals, or may furnish a breeding place for mosquitoes
or threatens the public health, safety or welfare, or may reasonably cause disease, or adversely affects and
impairs the economic welfare of other property, is declared to constitute a public nuisance and is
prohibited, and every owner of real property in the City has a duty to keep his property free of any
nuisance at his expense.
(2) The existence of weeds or other dead or living plant life or vegetation which have
attained a height of twelve (12) inches or more, and which exist on any lot, tract or parcel of land in the
City, whether improved or unimproved, shall be presumed to be detrimental to the public health, safety,
and welfare, and thus shall be presumed to constitute a public nuisance under the terms and conditions of
this subchapter.
(3) The existence of accumulations of vegetative (i.e. yard and garden) trash mixed with other
_types of refuse is deemed to be detrimental to the public health, safe .t3', and welfare and thus deemed to be
a public nuisance and prohibited. Such mixed accumulations shall not be picked up by the City's
sanitation franchisee during regular collection routes but shall be subject to abatement or citation as other
nuisances in any manner set forth in this chapter.
(4) The existence of accumulations of loose. Uncontainerized. or unhundled refuse, other than
heavy., bulky, items is deemed to be detrimental to the public health~ safety, and welfare and thus .~hall be
deemed to be a public nuisance and is prohibited. The aforesaid accumulations shall not be picked up by
the City's sanitation franchisee during re_eular collection routes but shall be subject to abatement or
citation as other nuisances in any manner set forth in this chanter.
~. That Chapter 100, "Nuisances", Section 100.21, "Notice of Violation Required," be, and
the same is hereby amended to read as follows:
Section 100.21 NOTICE OF VIOLATION REQUIRED.
(A) If the City Manager or his designated representative shall determine that a public nuisance
exists in accordance with the standards set forth in these sections on any lot, tract, parcel or other real
property within the City, whether improved or unimproved, he shall forthwith notify the owner of the
property as the ownership appears upon the last complete records of the County Tax Assessor. The notice
shall be given in writing by fa'st class mail, postage prepaid, which shall be effective and complete then
properly addressed as set forth above and deposited in the United States mail with postage prepaid, and
shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on
any one owner shall be sufficient. The personal delivery by the City Manager or his designated
representative ia lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is
- 2 - Ord. No. 15-95
returned by the postal authorities, the City Manager or his designated representative shall cause a copy of
the notice to be served upon the occupant of the property or upon any agent of the owner thereof. In the
event that personal service upon the occupant of the property or upon any agent of the owner thereof
cannot be performed after reasonable search, the notice shall be given by a physical posting of the notice
on the subject property.
.CB) Alternatively. City. Code Enforcement officiers may issue a warning notice in person or
by first class mail to the person who committed the violation, which notice shall specify_ the section Of the
Code of Ordinances which is being violated and the required correction date. In the event the violation
enumerated on the warning notice is'not corrected as specified, a Code Enforcement Officer may issue a
County. Court Citation pursuant to Chanter 37 of the Code of Ordinances, or proceed as set forth in this
chapter.
~. 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.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and f'mal reading on this the 7thday of
ATTEST:
City Clerk ..... ~
First Reading February 21, 1995
Second Reading March 7, 1995
w~.ont
- 3 - Ord. No. 15-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ /~'A' - MEETING OF MARCH 7. 1995
$~COND READING AND PUBLIC HEARING FOR ORDINANCE NO.
19-95/MIXED TRASH NUISANCE ORDINANCE
DATE: MARCH 3, 1995
This is second reading and public hearing for Ordinance No. 15-95
which amends Chapter 100, "Nuisances", to provide for the
separation of vegetative trash from other refuse, and prohibits
the accumulation of loose, uncontainerized or unbundled trash,
other than large, bulky items. The ordinance also provides for
the issuance of a warning notice prior to the issuance of a
citation for violations.
The improper disposal of trash, vegetation and other refuse is
one of the common issues identified by neighborhood residents and
code enforcement staff as a contributor to blight. Also, once
vegetative trash is mixed with other types of refuse, the tipping
fee to dispose of the mixed refuse increases significantly to the
City. This ordinance will place the responsibility for proper
separation and use of containers for all trash on the property
owner. It also incorporates the use of County Court citations to
encourage compliance. Staff believes the appearance of
neighborhoods will be greatly improved through this ordinance.
At first reading on February 21, 1995, Ordinance No. 15-95 was
passed by a vote of 4 to 0.
Recommend approval of Ordinance No. 15-95 on second and final
reading.
ref:agmemol2
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: MIXED TRASH - NUISANCE ORDINANCE/FIRST READING
DATE: FEBRUARY 15, 1995
ITEM BEFORE THE COMMISSION:
First reading of the ordinance amending Chapter 100, "Nuisances"
of the City of Delray Beach Code Of Ordinances, amending Section
100.01 providing for the separation of vegetative trash and other
refuse and declaring uncontainerized trash and refuse (other than
large bulky items), as a nuisance. The ordinance also amends
Section 100.21 providing for the issuance of a warning notice
prior to the issuance of a County Court Citation for violations
under this ordinance.
BACKGROUND:
The improper disposal of trash, vegetation and other refuse is
one of the common issues identified by residents, especially
under our. Neighborhood Association program and our Community
Oriented Code Enforcement efforts, as a contributor to blight·
We also find that once vegetative trash is mixed with other
types of refuse, the tipping fee to dispose of the mixed refuse
increases significantly to the City. The current ordinance does
not require the separation of vegetative trash and other refuse
nor the use of containers for all trash and refuse other than
heavy bulky items·
The proposed amendments to Chapter 100 will place the
responsibility of proper separation and the use of containers for
all vegetation and trash on the property owner· It also
incorporates the use of the County Court Citations to encourage
compliance. It is believed that the appearance of neighborhoods
will be greatly improved with the approval of this ordinance.
RECOMMENDAT I ON:
Staff is recommending the approval of the proposed amendments to
Chapter 100 of the City's Code Of Ordinance on first reading and
that the Ordinance be scheduled for the required Public Hearing
at the next regular meeting.
LB: DQ
D4
TrashOrd CC ~~
·
, · Agenda Item No.
Date: 2/15/95
Request to be pla~ed on:,
X ~ Regular Agenda Special Agenda _ ~ Workshop Agenda
When~ 2/21/95
U~sotiptIon of agenda item (~ho, ~hat, ~h~tm~ ho~ mueh)~ ~xed Trash-Nuisance Ordinance
Reda t ion: Approval
Department Head $1qnature~ '/~-6/~--~-
¢" /' /-
Determinatiou of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funda):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for age.da= ~$/ NO ~/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Oisapproved