ORDINANCE NO. 2022-01  AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF JUPITER INLET COLONY, FLORIDA AMENDING CHAPTER 9. NUISANCES OF ITS CODE OF ORDINANCES BY CREATING A NEW SECTION 9-7.5 TROPICAL STORM PREPAREDNESS; SECURING OF PROPERTIES IN ORDER TO PROVIDE REGULATIONS PERTAINING TO THE SECURING OF PROPERTIES IN THE EVENT OF A DECLARED TROPICAL STORM WATCH OR WARNING OR HURRICANE WATCH OR WARNING IN PALM BEACH COUNTY OR MARTIN COUNTY; PROVIDING AUTHORITY FOR THE TOWN TO ABATE A NUISANCE DURING THE TIME OF TROPICAL STORM OR HURRICANE WATCHES OR WARNINGS; AUTHORIZING THE TOWN TO IMPOSE A LIEN ON PROPERTY FOR THE COST OF ABATING SUCH A NUISANCE; PROVIDING AUTHORITYTOCODIFY, A CONFLICTS CLAUSE,ASEVERABILITY CLAUSE. AND. AN  EFFECTIVE DATE; AND FOR OTHER PURPOSES  NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE  TOWN OF. JUPITER INLET COLONY,FLORIDA, AS FOLLOWS:  SECTION1. Chapter 9. NUISANCES oft the Code of Ordinances is hereby amended to create ai new Section 9-7.5 Tropical Storm Preparedness; Securing of Properties which shall  read as set forth below:  Section 9-7.5 Tropical Storm Preparedness: Securing of Properties  (a) From June 1t to November 30 of each calendar year, all trees on property within the Town shall be cleaned and trimmed of dead or substantially dead vegetation. coconuts or any other materials that could create a safety hazard in the event of hurricane or tropical force  winds.  (b) When the National Weather Service. National Hurricane Center or appropriate weather agency shall declare a tropical storm watch or warning or a hurricane watch or warning for any portion ofPalm Beach County or Martin County, Florida. all items of personal property, such as. but not limited to trash cans. lawn furniture or other such items. shall be secured. stored or removed SO as not to create a safety hazard in the event ofhurricane  or tropical storm force winds.  (c) Media broadcasts or notices issued by the National Weather Service or National  Hurricane Center of a tropical storm watch or warning or a hurricane watch or warning    shall be deemed sufficient notice to the owner(s)ofreal property to remove or trim vegetation and secure or store personal property against the effects ofhigh winds. (d) Ini the event an owner(s) has failed to trim. maintain or secure tree(s), vegetation and personal property as required by subsections (a)a and (b). the Town shall notify the owner(s) by telephone and/or email and posting ofa a Notice at the subject property. The Notice shall advise the owner(s) ofthe conditions or deficiencies that require remediation in order to the secure the property and shall require compliance within twenty-four (24) hours of the posting on the Notice. Failure to comply with the Notice in a timely fashion shall permit the Town to proceed under the provisions ofs subsection (g) ofthis Section. (e) A property owner(s) or retained lawn service provider shall not place yard or vegetation clippings at the Town right-of-way for pickup at any time that the National Weather Service. National Hurricane Center or other appropriate weather agency has placed any portion ofPalm Beach County or Martin County within an area included in a tropical storm watch or warning or a hurricane watch or warning. In the event a property owner(s) has vegetation. coconuts or other plant material removed during the period of a tropical storm warning or watch or hurricane warning or watch. the property owner(s)or] lawn service provider shall remove the materials from the Town and not place the same at  roadside for pickup. this Section.  (f) Its shall be the responsibility of the owner(s) to comply with the provisions as set forth in (g) In the event of a violation ofthis Section. in addition to all other remedies provided in the Code of Ordinances and otherwise by law. the Town may take whatever emergency action it deems necessary to clean or trim trees. coconuts and other vegetation. secure items of outdoor personal property and remove all yard or vegetative clippings from the Town. In such circumstances. the Town shall bill the property owner(s) for all charges and expenses incurred. plus an administrative fee oft ten (10%) percent, whether incurred by the utilization ofTown personnel and equipment or other outside contractors retained by the Town for such purposes. The securing of an outside contractor to perform these services shall be deemed to be the securing of emergency services and shall not require the Town to utilize a competitive bid process to select a contactor or contractors. Should the bill for such services remain unpaid for a period oft thirty (30) days or more. the Town may record a claim of lien encumbering the property and thereafter proceed according to  law to enforce said lien.  SECTION2. Specific authority is hereby granted to codify and incorporate this Ordinance SECTION3. That all Ordinances or parts or Ordinances, in conflict herewith, be and the SECTION4. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid  into the existing Code of Ordinances oft the Town of. Jupiter Inlet Colony, Florida.  same are hereby repealed to the extent of such conflict.    part shall be considered as eliminated and in no way affecting the validity of the other provisions  ofthis Ordinance. adoption.  SECTION5. This Ordinance shall become effective immediately upon its passage and  FIRST READING this 11th day of October, 2022.  SECOND READING and FINAL PASSAGE this 14th day of November, 2022.  TOWN OF JUPITER INLET COLONY, FLORIDA  Mayor-Daniel J. Comerford, III  ATTEST:  Vice-Mayor Milton J. Block  Town Clerk  Commissioner Lisa H. Hines  Commissioner Marie Rosner  Commissioner Richard D. Busto