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Sea Ranch Lakes City Zoning Code

ARTICLE XII

MAINTENANCE OF PROPERTY

12.00.01. - Definitions.

For the purpose of this article, the following words and phrases shall have the following meaning:

Accumulation means any one or more articles of litter.

Discolored means the present wall surface, including perimeter walls and fences, or roof color is different, bleached, faded, soiled, stained or streaked from that of the original wall surface or roof, due to weather, fading or vandalism.

Garbage means all waste and accumulation of animal, fruit, or vegetable matter that attends or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable, putrefaction, and the generation of noxious and offensive gases and odors, or which may serve as breeding or feeding materials for flies and/or other germ-carrying insects.

Good condition means the building feature is performing according to its originally intended function.

Good repair means that any repair made to the property feature is consistent with, and ensures, the feature's originally intended function and that the repair was executed in a workmanlike manner.

Improved property means any property within the Village of Sea Ranch Lakes.

Litter mans any garbage, rubbish, trash, refuse, including can, bottle, box, container, paper, tobacco product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, furniture, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining or governmental operations.

Nuisance shall mean any one or combination of the following:

(1)

Any public nuisance known at common law or in equity jurisprudence or as provided by statue, administrative rule, or ordinance of the Village, including this article;

(2)

Any attractive nuisance which may prove detrimental to health or safety;

(3)

Physical conditions dangerous to human life or property, or detrimental to health or detrimental to property values, or which tend to degrade the appearance of the Village;

(4)

Fire hazards;

(5)

Storage exposed to public view;

(6)

Property overgrown and/or not properly maintained.

Owner or occupant means any owner, or lessee of any lot, tract, or other parcel of land in the Village.

(1)

Person means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association.

Stagnant water means any body of water natural or man made, which lacks flow; which is breeding ground or feeding area for mosquitoes, rodents, snakes, or other species of insect or animal, or which constitutes a habitat for disease bearing organisms, and which is a host for algae and other growth indicative of water that is not disinfected.

Swimming pool means any structure having a depth of any point of more than two feet, intended for the collection of water for the purpose of immersion or partial immersion therein of human beings.

Trash means abandoned vegetative material from landscaping, maintenance or land clearing operations, tree and shrub trimmings, grass clippings, palm fronds, tree stumps and similar materials as well as construction debris including, but not limited to, abandoned material from construction operations.

Untended vegetation means grass, weeds or underbrush in excess of eight inches in height from the ground, vines or other vegetation.

(Ord. No. 2003-3, § 2, 5-20-03)

12.00.02. - Maintenance of Swimming Pools on Private Property.

The owners of swimming pools within the Village shall maintain said pools as follows:

(1)

All swimming pools under construction (after building permit has been issued and prior to issuance of certificate of occupancy) or otherwise, shall be maintained so that stagnant water does not accumulate therein.

(2)

All swimming pools, upon issuance of a certificate of occupancy, shall be maintained to ensure the disinfection of all pool water pursuant to applicable health standards under state law and county ordinance. If disinfection is not maintained, then the owner of the real property upon which said pool is located shall be notified by United States mail, return receipt requested, by the authorized representative of the Village to either:

a.

Disinfect the swimming pool water pursuant to applicable health standards under state laws and county ordinances or drain the swimming pool.

b.

Drain and maintain the swimming pool, so that stagnant water does not accumulate.

Failure of the owner to either disinfect or drain the swimming pool within five calendar days from the date notification was posted by the Village in United States mail will constitute a separate violation of this Section.

(3)

Whenever the Village acts to correct any violation of this Section, the Village shall charge an administrative fee of $50.00 in addition to the total costs of remedying the condition.

(Ord. No. 2003-3, § 2, 5-20-03)

12.00.03. - Building Exteriors.

(a)

All building exterior wall surfaces, including perimeter walls and fences, shall be kept free of faded or chipped paint, and shall be maintained in good repair and good condition to prevent deterioration, and must be repainted, recovered, or cleaned when 25 percent or more of any exposed surface becomes discolored, as defined herein or is peeling.

(b)

Owners shall be primarily responsible for the maintenance of buildings, structures and exterior premises whether or not such responsibility has been assigned to or accepted by another party.

(Ord. No. 2003-3, § 2, 5-20-03)

12.00.04. - Noncompliance by Owner.

(a)

Notice of Violation.

(1)

If the provisions of this article have not been met, a notice of violation shall be issued to the property owner which shall set forth:

a.

The Code section violated and description of the nature of the violation;

b.

A demand that remedial action be completed within 15 calendar days from the date of the mailing, delivery or posting of such notice;

c.

A statement that failure to remedy the violation shall result in correction of the violation by the Village at the expense of the property owner; and

d.

A statement that the notice of violation may be appealed pursuant to Section 12.00.05.

(b)

Service of Notice of Violation. The notice of violation shall be served in the following manner:

(1)

Certified Mail. Written notice by certified mail to the property owner at the address shown by the records of the property appraiser of Broward County; or

(2)

Hand Delivery. Delivery of written notice to any person residing at the property owner's address who is 15 years of age or older; or

(3)

Posting. Posting of written notice, in plain view, upon the subject property; a copy of such notice shall also be posted in a conspicuous location at the Sea Ranch Lakes Village Hall.

(c)

Noncompliance with Notice of Violation. If the owner of the subject property fails to complete corrective action as required by this Section and the notice of violation by the date specified in the notice of violation, the authorized representative of the Village may authorize the correction of the noncomplying condition by the Village.

The Village shall have the right to mow and/or remove litter from any property not in compliance with this article and the charge for mowing and/or removal of litter shall be levied in an amount equal to the actual cost to the Village.

(Ord. No. 2003-3, § 2, 5-20-03)

12.00.05. - Appeals.

Any person aggrieved by a notice of violation or the charges imposed hereunder may, upon written request, appeal the notice of violation or the charges imposed and in such event, shall be entitled to a hearing before the Village Council. An appeal must be perfected within 30 calendar days after receipt of notice of any protested decision or action by filing a letter of appeal that briefly states the basis for appeal. A hearing before the Village Council shall occur no later than 30 calendar days after receipt of the letter of appeal by the Village. A written decision of the Village Council shall be rendered within ten calendar days after the hearing and such decision shall contain findings of fact and a determination of all issues presented. A copy of the decision shall be sent to the appealing party by certified mail, return receipt requested. Judicial review of the decision of the Village Council may be sought as provided by law.

(Ord. No. 2003-3, § 2, 5-20-03)

12.00.06. - Liens.

Failure to pay the full amount of any charges assessed pursuant to this Section when due shall result in the Village of Sea Ranch Lakes filing a lien in the public records of Broward County. Such lien shall bear interest at the rate of eight percent per annum, from the date of recordation until paid.

(Ord. No. 2003-3, § 2, 5-20-03)

12.00.07. - Portable Storage Units.

(1)

Definitions. For the purpose of this section the following definitions shall apply:

Portable storage unit means any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

Site means a piece, parcel, tract, or plot of land occupied or to be occupied by a single-family residence and any accessory buildings and accessory uses.

(2)

Number, Duration and Removal.

A.

Portable Storage Units for On-Site Storage. There shall be no more than one portable storage unit per site no larger than eight feet wide, 16 feet long and eight feet high. No portable storage unit shall remain at a site in a residential district in excess of 14 consecutive days.

B.

Portable Storage Units for Transport. There may be up to two portable storage units, no larger than five feet wide, seven feet long, and eight feet high each, at a site in a residential district for a period not in excess of 14 consecutive days when such units are being used for loading or unloading goods in connection with the transport of the goods, to or from storage, or, to or from another residence.

C.

Cumulative Time Restriction. No portable storage units as defined in Sections A and B above shall be placed at any one site in excess of 28 days in any calendar year.

(3)

Removal of Portable Storage Units in the Event of a Hurricane Warning. Notwithstanding the time limitations set forth in Section (2), all portable storage units shall be removed immediately upon the issuance of a hurricane warning.

(4)

Signage. A portable storage unit shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit.

(5)

Maintenance and Prohibition of Hazardous Materials. The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage unit.

(6)

Placement of Portable Storage Units. Portable storage units shall generally be placed only in a driveway or in the rear yard. However, if the Village's Building official determines that there is no driveway or rear yard available for placement of a portable storage unit, the Village Building official shall allow placement of a portable storage unit in the front yard, or rather that the placement of such portable storage unit does not obstruct the free, convenient, and normal use of any roadway.

(7)

Permits. It shall be unlawful for any person to place, or permit the placement of, one or more portable storage unit(s) on property which he or she owns, rents, occupies or controls without first having obtained a permit therefor. Application for a permit shall be made to the Village Building official on a form provided by the Village Clerk. The application shall include the signature of the property owner or the property owner's agent in order to ensure that the property owner has full knowledge of, and consents to, placement of the portable storage unit on his or her property and the provisions of this Article. A permit fee in an amount to be established by Resolution of the Village Council shall accompany the application. The issuance of a permit shall allow the applicant to place portable storage units on the property in conformance with the requirements of this Chapter. The permit shall be posted in plain view at the site.

(Ord. No. 11-02-24, § 2, 3-22-11)

12.00.08. - Underground tanks.

All natural gas and propane tanks greater than 20 gallons shall be buried underground. All gas and propane tanks shall be buried underground only in areas located on a residential lot that do not encroach within the established setbacks. Above-ground propane or natural gas tanks shall not be allowed in the Village unless approved for a variance in accordance with Section 4.03.05 of the Village's Land Development Code.

(Ord. No. 2014-03, § 2, 4-16-14)