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ORDINANCE NO. 2018- S 34 <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING <br /> SECTION 265-69 OF THE LANDSCAPE CODE <br /> "MAINTENANCE" TO DESIGNATE THE PUBLIC WORKS <br /> DEPARTMENT AND THE CULTURAL & COMMUNITY <br /> SERVICES DEPARTMENT AS RESPONSIBLE FOR TREE <br /> CARE IN THE PUBLIC RIGHTS-OF-WAY AND IN THE <br /> PARKS; PROVIDING FOR SEVERABILITY; PROVIDING <br /> FOR INCLUSION IN THE CODE; PROVIDING FOR <br /> REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City Commission wishes to amend the landscape code to designate the <br /> responsibility of tree care for trees located in the public rights-of-way to the Public Works <br /> Department and Cultural & Community Services Department for trees located in the City parks. <br /> NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Amendment. Section 265-69 of the Landscape Code Maintenance is amended to <br /> read as follows: <br /> § 265-69. Maintenance <br /> A. General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in <br /> perpetuity, of all landscaping material in good condition so as to present a healthy, neat, and <br /> orderly appearance and clear of weeds, refuse and debris. Landscaping material shall be <br /> trimmed and maintained so as to meet all City, County or State site distance requirements. <br /> B. Failure to conform or maintain. If at any time after the issuance of a certificate of <br /> occupancy, any landscaping material is found to be in nonconformance, including, but not <br /> limited to, dead or dying plant material, notice shall be issued to the owner or his agent that <br /> corrective action is required to be in compliance with this article. Such notice shall describe <br /> what action is necessary to comply. The owner or his agent shall have a time period, as set <br /> forth by the Code Compliance Division of the Zoning, Planning and Building Department, <br /> to fulfill the landscaping requirements. Failure of compliance within the allotted time shall <br /> be considered a violation of this section and shall subject the property owner to fines as <br /> determined appropriate, by the Special Master of the City of Sunny Isles Beach. <br /> C. Tree hatracking. It shall be unlawful for any person, firm or City department to hatrack any <br /> tree. <br /> D. Edging. Edging shall be accomplished in such a manner so as not to destroy landscaping <br /> material. <br /> Words added underlined.words strieden deleted(ed) Page I of 3 <br />