24-017 1
2 ORDINANCE NO. 24-017
3
4 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY
5 OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF
6 BOYNTON BEACH'S CODE OF ORDINANCES; CHAPTER 15
7 "OFFENSES- MISCELLANEOUS*," ARTICLE IX "COMMUNITY
8 APPEARANCE AND MAINTENANCE," SECTION 15-120
9 "MINIMUM STANDARDS FOR APPEARANCE AND
10 MAINTENANCE OF PUBLIC PROPERTY AND PRIVATE
11 PROPERTY;" PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
13 WHEREAS, these amendments to the City's Code of Ordinances include the addition
14 of tree maintenance near overhead powerlines of single-family and duplex properties; and
15 WHEREAS,trees and other vegetation coming into contact with overhead power lines
16 is the primary cause of power outages and flickers; and
17 WHEREAS,the amendments also consist of updates to terms to clarify certain sections
18 and raise property maintenance standards to help maintain or increase property values by
19 ensuring neighborhoods remain well kept and safe; and
20 WHEREAS, having considered the recommendations of staff, the City Commission
21 has determined that it is in the best interest of the citizens and residents of the City of Boynton
22 Beach to approve the amendment to the City's Code of Ordinances as contained herein.
23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR
24 THE CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS:
25 SECTION 1. The foregoing whereas clauses are true and correct and are now ratified
26 and confirmed by the City Commission.
27 SECTION 2. City of Boynton Beach's Code of Ordinances, Chapter 15 "Offenses-
28 Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120
29 "Minimum Standards for Appearance and Maintenance of Public Property and Private
30 Property" is hereby amended as follows:
31 CHAPTER 15 OFFENSES- MISCELLANEOUS*
32 ...
33
34 ARTICLE IX. COMMUNITY APPEARANCE AND MAINTENANCE
35 ...
36
37 Sec. 15-120. MINIMUM STANDARDS FOR APPEARANCE AND MAINTENANCE
38 OF PUBLIC PROPERTY AND PRIVATE PROPERTY.
39
40 (a) Streets and sidewalks. The owner(s) of all real property within the eCity abutting a
41 public or private street or sidewalk shall not permit and it shall be unlawful to permit the
42 growth of grass, weeds, or other flora, or sand or gravel into or over such street or
43 sidewalk, and such owners(s) shall not allow a tree(s)or any part thereof to extend over
44 a street or sidewalk below a height of ten(10) feet or the roots of a tree to break or mise
45 lift up such street or sidewalk, or allow a tree or any part thereof to extend over a road,
46 street or right-of-way below a height of fourteen (14) feet.
47
48 (b) Swales, rights-of-way,and alleys.
49
50 (1) The owner(s) of all real property within the eCity abutting a public or private swale,
51 right-of-ways or alley shall not permits and it shall be unlawful to permit the growth of a tree
52 growing in the adjacent swale, right-of-way or alley or any part thereof to extend over a street
53 or sidewalk below a height of ten (10) feet or the roots thereof to break or case lift up the
54 contiguous street or sidewalk, or allow a tree or anypart thereof to extend over a road or right-
55
ght-
55 of-way below a height of fourteen (14) feet.
56
57 The preceding paragraphs shall also require property owners to maintain swales—and
58 shoulders which lie between a property line and the pavement edge of an adjacent public street,
59 except where the swale or shoulder is regularly maintained by the eCity, Palm Beach County,
60 or other government agency.
61 (2) It is unlawful for any person to place or cause to be placed any object or thing known
62 to modify the design, functions or shape of swales, rights-of-way.,or alleys, on, over, or across
63 any swale, right-of-ways or alley, except the following:
64 a. Grass or sod, soil or dirt;_
65 b. ground cover, shrubs y, palms, or trees –provided written approval is
66 granted from–by the e–City's Utility Department and Development the City Engineer. fec
67 _ . _. _. ' - • . _•, - • : . : .
68 c. Postal mail boxes meeting the criteria of the U.S. Post Office.
69 d. Solid objects made of metal,concrete,plastic,or similar materials protruding no more
70 than three and one-half(3%) inches above the ground, having a diameter no greater than eight
71 (8) inches at their widest points, having flat or rounded top surfaces, with each of such objects
72 being placed no less than five(5) feet apart.
73 e. Other proposals not listed above may require written approval from the Utility
74 Department and the City Engineer.
75
76 (c) Waterways.
77
78 (1) The owner(s)of all real property within the eCity abutting a waterway shall not permit
79 and it shall be unlawful to permit the accumulation thereon of grass or weeds which attain a
80 height of twelve(12) inches or more.
81 (2) The owner(s) of all real property within the eCity abutting upon a waterway shall not
82 permit and it shall be unlawful to permit trees on their respective properties to grow over the
83 waterways (unless ten (10) feet above the water surface) or limbs, fronds, coconuts, or other
84 debris to fall therefrom into such waterways. This shall not apply to species protected by the
85 state unless removal of such species has been approved by the state.
86 (3) The owner(s)of the bottom of waterways within the eCity shall not permit,and it shall
87 be unlawful to permit, the growth of subsurface aquatic weeds above the surface of the water
88 or to Oft the extent that they it affects public stormwater drainage into the waterway.
89 (d) Front, sides and rear open and/or landscaped areas of private property.
90 (1) Open and/or landscaped area maintenance: This includes,but is not limited to:
91 a. The keeping storage or deposition(depositing)on,or the scattering over the premises,
92 including inside carports visible from a public or private right-of-way,of any junk,trash,debris,
93 construction materials not being actively used for construction, abandoned, discarded, or
94 derelict objects or equipment, including but not limited to automobiles, trucks, buses,
95 motorcycles, bicycles, furniture, major and minor appliances, trailers, cans,or containers.
96 b. The failure to keep or maintain all lots, fences, sheds, steps, driveways, and other
97 premises in any district clean, sanitary,and free from weedsfer overgrowth,or deterioration.
98 c. The keeping, maintaining, propagation, existence,or permitting of any thing;by any
99 person or entity; by which the life or health of any person or persons may be threatened or
100 impaired, or by which or through which, directly or indirectly, disease may be caused, or the
101 environment of any person or place rendered unclean or unsanitary by the act of another or
102 others.
103 d. The total non-pervious areas veid-of landscaping or xeriscape ground covers shall not
104 exceed one hundred(100)square feet of any pervious area visible from a public or private right-
105 of-way, excluding alleys abutting rear yards. When-sueh Should "dead spots"occur, they will
106 be sodded or seeded to reestablish grass, landscaping,or groundcover.
107 e. Newly planted trees shall be maintained so that the mature tree canopy is a minimum
108 of ten(10)feet from overhead utility lines. Trees directly under and growing into facility/utility
109 spaces shall be removed or pruned using the directional pruning method when possible. Trees
110 shall be pruned in accordance with the standards set forth by the American National Standards
111 Institute(ANSI) A300.
112 Shrubs shall be maintained in a neat and healthy appearance. The placement of a hedge shall
113 not cause any traffic line-of-sight obstruction and must comply with the visibility requirements
114 of Chapter 4, Article VIII, Section 3.C.4.u., "Visual Obstructions of Intersections."
115 Enforcement of d. (l)(E) this subsection of the Ordinance shall commence on June 1, 2025.
116 f. Open and/or landscaped areas of the eCity,on developed properties;shall be covered
117 by a lawn which shall be maintained at a height not to exceed nine(9)inches.
118 g Irrigation systems shall be maintained in good working order to provide complete
119 coverage.
120 g. h. Pervious surfaces without irrigation systems shall utilize drought-tolerant grass,
121 shrubbery with mulch or wood chips, or other drought-tolerant species so that they may be
122 restored to a uniform green appearance as soon as weather conditions permit. Lawnsieh that
123 have died from lack of water or other causes shall be reseeded or sodded.This requirement shall
124 not apply to areas covered by pavement, shellrock, limerock, gravel,
125 decorative stone, or any other dust-free surface, or areas covered by landscaping, mulch1 or
126 wood chips, that are regularly renewed and kept free of weeds.
127 #. i. Trees,= and shrubs shall be trimmed and pruned., and the property owner shall be
128 responsible for maintaining said trees and shrubs in accordance with subsections (a), (b), (c),
129 bill and(d)ie,)of this section.
130 (2) Prohibition against nuisances: The owner(s) of all real property within the eCity shall
131 not permit a nuisance as defined by this article.,and it shall be unlawful to permit a nuisance to
132 exist on its property such as: placing, depositing, leaving,or dumping any debris,refuse, trash,
133 rubbish,junk,garbage,ashes,broken articles,,or waste material of any kind or nature on private
134 property,or to create thereby an attraction for animals,insects.,or vermin,or to the deterioration
135 of any structure)or to create thereby a nuisance as defined in this articles or to place in jeopardy,
136 the health, safety, and welfare of the citizens of the eCity. This shall not preclude placing ef
137 trash at the curb-side for pick up by sanitation vehicles.
138 (e) Exterior of buildings and structures.
139 (1) The owner(s) of all real property within the eCity shall not permit., and it shall be
140 unlawful to permit, the deterioration of a building's the exterior such that it
141 becomes a nuisance as defined by this article.
142 (2) Building exterior maintenance: For the exterior of any buildings and structures, a
143 nuisance is declared to exist if the owner or tenant of real property permits the exterior of a
144 dwelling to deteriorate to the point where:
145 a. Twenty percent(20%)2.0%or more of the paint is mismatched,blistered,aed peeling,
146 or missing, or rotted on the exterior non-fenestrated building surface area, including but not
147 limited to;facia boards, eaves, siding,ef-awnings, garages, or carports.
148 b. Twenty percent (20%) 20% or more of the roof surface materials such as; shingles,
149 tiles or any other roofing materials,are loose,OF missing, or discolored.
150 c. 4Fenestrable areas, such as windows,doors, screensr i,e,hreken-glass, screening,rails,
151 and styles are deteriorated.
152 d. Twenty percent(20%)or more of discoloration of any exterior surface on the premises
153 of the property.
154 SECTION 3. Each and every other provision of the City's Code of Ordinances not
155 herein specifically amended shall remain in full force and effect as originally adopted.
156 SECTION 4. All laws and ordinances applying to the City of Boynton Beach in
157 conflict with any provisions of this ordinance are hereby repealed.
158 SECTION 5. Should any section or provision of this Ordinance or any portion thereof
159 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
160 remainder of this Ordinance.
161 SECTION 6. Authority is hereby given to codify this Ordinance.
162 SECTION 7. This Ordinance shall become effective immediately upon second
163 passage.
164
165
166 (Signatures on the following page)
167
168 FIRST READING this 20`h day of August 2024.
169
170 SECOND, FINAL READING, AND PASSAGE THIS 4`h day of November 2024.
171
172 CITY OF BOYNTON BEACH, FLORIDA
173
174 YES NO
175
176 Mayor—Ty Penserga
177
178 Vice Mayor—Aimee Kelley
179
180 Commissioner—Angela Cruz
181
182 Commissioner— Woodrow L. Hay
183
184 Commissioner—Thomas Turkin
185
186 VOTE
187
188 A I T:
189
190 I 1. 1 • 1.4140
191 Maylee D• esus, MPA MC • Aga
192 City Cl•r Ma •r
193
194 APPROVED AS TO FORM:
195 (Corporate Seal) y OF �1'/�
196 V� : ....................
197 l
� �• /lac L
198 ; Ncoff) L ?; Shawna G. Lamb
199 i#f, ';•19��74. �/, City Attorney
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