HomeMy WebLinkAboutOrdinance 35 Ditches
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Ordinance No. 35
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AN ORDINANCE DECURING OPEN DRAINING DITCHE3 UN3AFE,
E::>'TABLISHING A OOUNDARY WITHIN WHICH DITCHE3 SHALL BE
UNLAWFUL, PROVIDING EXCEPTIONS TH:E:E't!,~O, PROVIDING
ProVISIONS FOR DEilEI1)PERS & BJILDERS TO SJEMIT DRAINAGE
PLANS, ORDERING OF WS,.ING DITCHES CIOSED, PROVIDING A
PENALTY FOR FAILURE TO COMPLY, PROVIDING FOR ~ARABILITY,
THE REPEAL OF CONFLICTING OIDINANCES, AND Eill'ABLISHING AN
EFFECTIVE DATE.
WHEREAS, Open drainage ditches adjacent to homes, have caused numerous
complaints from property owners, and
WHEREAS, said complaints have been justified from a health and safety
view, inasmuch as said ditches do collect weeds, numerous snakes, insects,
mosquitoes and other pests, and
WHBREAS, said open ditches have also proven to be attractive to small
children oblivious to the danger therein,
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NOW, THEREFORE, BE IT ORDAINID BY THE VJLLAGE COUNCIL OF THE VILUGE OF
NORTH ORLANDO, FLORIDA, THAT:
1. No open drainage shall be permitted within 500 feet of home or homesite
in the section known as T0WNSITE or in the area bounded by the City Limits on
the West, North, East and by the Florida Power Corporation right-of-way at their
transmission lines to the south.
2. Developers or builders desiring to build within the Corporate Limits
of the Village must submit to Council, for approval, plans for grading and
draining properties that will provide adequate run off through the use of
some method other than open ditches, excepting that, in areas outside the
boundaries described in Section 1 and containing five or less contiguous
homes, Council may allow ditching for drainage. This shall not, however,
preclude the state or County governments from ditching roads and highways
of respective authorities.
3. Council shall, however, have the authority, upon special application,
and with the consent of a competent drainage authority, bJ1 resolution ,to
make exceptions within the herein described boundaries.
4. These provisions do not app~ to natural drainage bodies, i.e.,
creeks, streams, rivers, lakes, etc.
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5. All ditches presently open within the aforementioned boundaries
are hereby ordered closed. Owners of properties having said open ditches
are hereby instructed to submit to eouncil within thirty (30) days, plans
for adequate drainage of properties involved and with said ditches being
closed. It shall be unlawful for any ditch to remain open,ex:.cept as
precluded herein, after January 1, 1964.
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6.
Violation of this Ordinance through failure to comply shall
be punishable by a fine not to exceed $500.00 or imprisonment
for 60 days in the Village Jail, or by both fine and imprisonment.
Each violation shall constitute a separate offense and is subject
to separate penalties.
7.
If any clause, sentence, paragraph or part of this Ordinance
shall for any reason be adjudged by any court of competent
jurisdiction to be unconstitutional, such judganent shall not
affect, impair, or invalidate the remainder of this Ordinance,
but shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the controversy
in which ;:Juch judgment shall have been rendered.
8. All ordinances in conflict her~'vith are hereby repealed.
9. Thi;s ordinance shall become effective immediately upon its
adoption by the Village Council.
,A
st::!.. da,y of ~, A.D. 1963
JtJ.- dBiY of ~A./ , A.D. 1963
3hJ.... day of ~ , A.D. 1963
did! ~~
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Passed first reading thi.)
Passed second reading this
fassed third reading this
ATTE0":
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Village Clerk
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