Loading...
26-012 ORDINANCE NO. 26-012 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 CREATING ARTICLE XV, "ABATEMENT OF NUISANCES," OF CHAPTER 3 15 OF THE CITY CODE; ESTABLISHING A PUBLIC NUISANCE 4 ABATEMENT PROCESS; PROVIDING FOR DEFINITIONS, PROCEDURES, 5 HEARINGS BEFORE A SPECIAL MAGISTRATE, EMERGENCY 6 ABATEMENT, ENFORCEMENT, PENALTIES, AND LIENS; PROVIDING 7 FOR AUTHORITY CONSISTENT WITH CHAPTER 166 AND SECTION 8 893.138, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, 9 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 10 WHEREAS, the City of Boynton Beach, Florida ("City"), pursuant to its home rule authority 11 under Chapter 166, Florida Statutes, has the authority to enact ordinances necessary to protect 12 the public health, safety, and welfare of its residents; and 13 WHEREAS, section 893.138, Florida Statutes, authorizes municipalities to enact 14 procedures to abate public nuisances occurring at places or premises used for certain criminal 15 activities, including unlawful drug activity, prostitution, criminal gang activity, and other specified 16 offenses; and 17 WHEREAS, properties used for repeated criminal activity constitute public nuisances that 18 threaten the health, safety, and welfare of the community and may adversely affect surrounding 19 neighborhoods, property values, and the quality of life of City residents; and 20 WHEREAS, the City Commission finds it necessary and appropriate to establish 21 procedures to investigate complaints of public nuisance activity, provide notice to property 22 owners and operators, and conduct hearings before a special magistrate to determine whether a 23 public nuisance exists; and Page 1 of 9 CODING: Words in strikc through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 24 WHEREAS,the City Commission further finds that authorizing a special magistrate to issue 25 orders prohibiting the maintenance or continuation of a public nuisance will promote the prompt 26 abatement of nuisance activity while ensuring due process for affected property owners and 27 operators; and 28 WHEREAS, the City Commission intends that the nuisance abatement procedures 29 established herein operate in addition to, and not in limitation of, other remedies available under 30 Florida law, including those provided in sections 60.05 and 893.138, Florida Statutes. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA THAT: 33 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified 34 and confirmed and incorporated herein by this reference. 35 Section 2. Chapter 15 of the Code of Ordinances of the City of Boynton Beach, Florida, 36 is hereby amended by creating Article XV, "Abatement of Nuisances," to read as follows: 37 ARTICLE XV-ABATEMENT OF NUISANCES 38 Section 15-150. Creation: intent: applicability: iurisdiction. 39 (a) Pursuant to Chapter 166 and section 893.138, Florida Statutes. the City establishes a public 40 nuisance abatement process and desianates a special magistrate to hear public nuisance 41 complaints. 42 (b) The intent of this article is to promote, protect, and improve the public health, safety. and 43 welfare of the citizens of the City by providina an eauitable, expeditious, and effective method to 44 abate public nuisances. Page 2 of 9 CODING: Words in ctrikc through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 45 (c)The special maaistrate is authorized to conduct hearinas, assess fines against property owners, 46 and issue orders havina the force of law, in accordance with this article and the authority aranted 47 by Chapter 166 and section 893.138. Florida Statutes. 48 (d) The jurisdiction of the public nuisance abatement special maaistrate is not exclusive. 49 (e) Nothina in this article is intended to restrict the riaht of any person or the City to proceed 50 under section 60.05. Florida Statutes. or any other lawful process, to seek an iniunction aaainst a 51 public nuisance. 52 Section 15-151. Definitions. 53 The followina words. terms. and phrases. when used in this article, have the meaninas set forth 54 below, unless the context clearly indicates otherwise: 55 Controlled substance means any controlled substance identified in section 893.03. Florida 56 Statutes; any substance sold in lieu of a controlled substance in violation of section 817.563. 57 Florida Statutes; or any imitation controlled substance as defined in section 817.564. Florida 58 Statutes. 59 Operator means a tenant, lessee. occupant. manaaer. or any other person or entity havina 60 possession. charge, care, or control of a place or premises. 61 Public nuisance, as defined in section 893.138. Florida Statutes. includes: 62 (1) Any place or premises within the City that has been used: 63 a. On more than two occasions within a six-month period as the site of a violation of section 64 796.07, Florida Statutes; 65 b. On more than two occasions within a six-month period as the site of the unlawful sale, delivery, 66 manufacture, or cultivation of a controlled substance: 67 c. On one occasion, as the site of unlawful possession of a controlled substance constitutina a 68 felony, when the premises have previously been used on more than one occasion as the site of 69 the unlawful sale, delivery, manufacture, or cultivation of a controlled substance:. 70 d. By a criminal aana for the purpose of conductina criminal aana activity as defined in section 71 874.03, Florida Statutes: or 72 e. On more than two occasions within a six-month period, as the site of a violation of section 73 812.019, Florida Statutes. 74 (2) Any pain manaaement clinic within the City, as described in sections 458.3265 or 459.0137 75 Florida Statutes. that has been used on more than two occasions within a six-month period as 76 the site of a violation of: Page 3 of 9 CODING: Words in ctrikc through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 77 a. Sections 784.011, 784.021, 784.03, or 784.045, Florida Statutes 78 b. Section 810.02. Florida Statutes; 79 c. Section 812.014. Florida Statutes; 80 d. Section 812.131. Florida Statutes; or 81 e. Section 893.13. Florida Statutes. 82 (3) Any place or premises within the City that exhibits a pattern of nuisance activity as defined in 83 Article VIII of the Chronic Nuisance Property Code, as amended. 84 Special maaistrate means a licensed attorney in good standing with The Florida Bar who is 85 retained by the City and authorized to conduct code enforcement or other public hearings on 86 behalf of the City. 87 Section 15-152. Initiation of procedures. 88 (a)A complaint alleging the existence of a public nuisance may be initiated by any City employee, 89 City officer, law enforcement officer, code enforcement officer, or resident of the City. Such 90 complaint may be submitted to the City Attorney or designee. 91 (b) A complaint may also be initiated based upon reports, investigations, or other information 92 obtained by the Boynton Beach Police Department, Code Compliance Division. or any other City 93 department. 94 (c) The filing or receipt of a complaint does not reauire the City to initiate enforcement 95 proceedings. The determination whether to proceed with a public nuisance action rests solely 96 within the discretion of the City Attorney or designee. 97 (d) The City Attorney or designee shall review the complaint or other information to determine 98 whether substantial, competent evidence supports a finding that criminal activity constituting a 99 public nuisance is occurring at the subiect premises. 100 (e) If such evidence exists, the City Attorney or designee shall provide written notice to the owner 101 or owners of the premises summarizing the complaint and the evidence and shall afford a 102 reasonable opportunity to abate the nuisance. 103 (f)If the public nuisance activity continues after notice,the City Attorney or designee may schedule 104 a hearing before the special magistrate. 105 (a) Notice of hearing shall be provided in the manner authorized by section 162.12, Florida 106 Statutes, including but not limited to certified mail, return receipt requested, hand delivery, or Page 4 of 9 CODING: Words in;trikc through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 107 postina of the property where authorized by law. and shall include the disclosures required by 108 section 286.0105, Florida Statutes. 109 Section 15-153. Conduct of hearinas. 110 (a) The special maaistrate may adopt procedural rules necessary for the conduct of hearinas. 111 Hearinas shall be open to the public, testimony shall be taken under oath. and minutes shall be 112 maintained. 113 (b) Formal rules of evidence do not apply; however, fundamental due process shall govern. 114 Evidence commonly relied upon by reasonably prudent persons is admissible. 115 (c) The City and the owner or operator of the premises may: 116 (1) Present evidence; 117 (2) Call and examine witnesses; 118 (3) Cross-examine opposina witnesses; 119 (4) Submit rebuttal evidence; 120 (5) Impeach witnesses; and 121 (6) Be represented by counsel. 122 (d) The City bears the initial burden of proof. The special magistrate shall determine whether a 123 public nuisance exists based upon competent, substantial evidence presented at the hearina, and 124 findinas shall be established by a preponderance of the evidence. 125 (e) At the conclusion of the hearina, the special maaistrate shall issue written findings of fact and 126 conclusions of law. The written order shall constitute final administrative action of the City unless 127 appealed as provided herein. 128 (f) Upon a findina that a public nuisance exists,the special maaistrate may issue orders prohibitina 129 the maintenance or continuation of the nuisance. Orders may be directed to the owner, operator, 130 or any person in control of the premises. 131 Section 15-154. Emeraencv abatement. 132 (a) When the City Manaaer or desianee determines that a public nuisance exists which presents 133 an immediate and substantial threat to the public health, safety, or welfare, the City may take 134 summary action reasonably necessary to abate the nuisance without prior notice or hearina. 135 (b) Emeraencv abatement actions may include closure of the premises, securina of the property, 136 removal of hazardous conditions, or other measures necessary to eliminate the immediate threat. Page 5 of 9 CODING: Words in;trikc through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 137 (c) As soon as practicable after emeraencv action is taken, the City shall provide written notice 138 and afford an opportunity for a hearina before the special maaistrate. 139 (d) The City may recover reasonable costs incurred in connection with emeraencv abatement. 140 Section 15-155. Enforcement. 141 (a) Failure to comply with an order issued under this article may result in the imposition of daily 142 fines as authorized herein. 143 (b) Orders may be recorded and enforced as liens in accordance with law. 144 (c) No lien may be foreclosed against homestead property protected by Article X, section 4 of the 145 Florida Constitution. 146 Section 15-156. Appeal. 147 (a) Any aaarieved party may appeal a final order of the special magistrate to the circuit court 148 within thirty days. 149 (b)The filing of an appeal does not operate as an automatic stay of enforcement or the accrual of 150 fines unless a stay is granted by the circuit court or the special magistrate upon good cause and 151 reasonable conditions. 152 Section 15-157. Penalties. 153 (a)The special magistrate may impose a fine not to exceed two hundred fifty dollars ($250.00) per 154 day for an initial public nuisance. 155 (b) The special magistrate may impose a fine not to exceed five hundred dollars ($500.00) per day 156 for a repeat public nuisance. 157 (c) The special magistrate may retain continuing jurisdiction over the premises for a period not to 158 exceed one year. 159 fd) Fines imposed under this article are punitive in nature. Costs and administrative fees are 160 compensatory. 161 (e) The total fines imposed in any single public nuisance case shall not exceed fifteen thousand 162 dollars ($15,000.00). 163 (f) Boarding and securing of premises. Upon a finding that a public nuisance exists, or upon a 164 finding of non-compliance with an order entered under this article. the Special Magistrate may Page 6 of 9 CODING: Words in strikc through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 165 order the boarding, securing, or closure of all or part of the premises as reasonably necessary to 166 abate the public nuisance. Except in cases of emergency as provided in section 15-154, no order 167 authorizing boarding or securing shall be entered without notice and an opportunity to be heard. 168 The City may recover all reasonable costs incurred in boarding or securing the premises, including 169 contractor and administrative costs, which may be recorded as a lien against the property and 170 enforced in the same manner as other liens authorized under this article. 171 Section 15-158. Administrative fees. 172 (a) The City Commission may adopt by resolution a schedule of reasonable administrative fees 173 associated with the investigation, inspection, hearing, enforcement, and emergency abatement of 174 public nuisances. 175 (b) Administrative fees may be amended from time to time by resolution. 176 (c) Administrative fees assessed under this section are intended solely to reimburse the City for 177 actual expenses incurred. 178 Section 15-159. Authority to foreclose liens. 179 The City Attorney is authorized to institute foreclosure proceedings to foreclose any lien imposed 180 under this article and to recover reasonable costs and attorney fees. Homestead property is 181 exempt. 182 Section 3. All ordinances or parts of ordinances in conflict herewith are hereby 183 repealed to the extent of such conflict. 184 Section 4. If any section, subsection, sentence, clause, phrase, or portion of this 185 Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 186 such portion shall be deemed a separate, distinct, and independent provision, and such holding 187 shall not affect the validity of the remaining portions of this Ordinance. 188 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 189 Florida, that the provisions of this Ordinance creating Article XV, "Abatement of Nuisances," of 190 Chapter 15 shall become and be made a part of the Code of Ordinances of the City of Boynton Page 7of9 CODING: Words in str eug-14 type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 191 Beach, Florida. The City Clerk is hereby directed, upon adoption of this Ordinance and its effective 192 date, to transmit this Ordinance to the City's codification service for incorporation into the Code 193 of Ordinances of the City of Boynton Beach as Article XV of Chapter 15. The sections of this 194 Ordinance may be renumbered, re-lettered, and the word "Ordinance" may be changed to 195 "Section," "Article," or such other appropriate word or phrase by the codifier as necessary to 196 accomplish the intention of the City Commission that this Ordinance be fully integrated into the 197 Code of Ordinances. 198 Section 6. This Ordinance shall become effective immediately upon adoption. 199 [SIGNATURES ON THE FOLLOWING PAGE] Page 8 of 9 CODING: Words in stfike-thfetigh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-012 200 FIRST READING this _77 _ day of aiet-\ , 2026. 201 SECOND, FINAL READING AND PASSAGE this oa\ day of _C l)T- '. . 2026. 202 CITY OF BOYNTON BEACH, FLORIDA 203 YES NO 204 205 Mayor- Rebecca Shelton ✓ 206 207 Vice Mayor-Thomas Turkin ✓ 208 209 Commissioner-Angela Cruz 1/ 210 211 Commissioner- Mack McCray 212 213 Commissioner-Aimee Kelley 214 215 VOTE 216 ATTEST: 217 218 _ / - 219 iii, ii. ' •�`,�eZ'�"QC -'.Q� 220 Tammy Sta zione .J Rebeccac elton 221 Interim City Clerk Mayor 222 - `�. BOY/vi- 223 �'\'�;'coRP$, O�L�% I APPROVED AS TO FO M: •224 (Corporate 1-int S1�TT`� 225 i iNCoRp _ 42ii.) 4, Gt/YJ • tb.' � 226 la� '••.I g2Q r ; Shawna G. Lamb 227 1``‘‘ ()RIDA == City Attorney 228 Page 9 of 9 CODING: Words in ctrikc through type are deletions from existing law; Words in underlined type are additions.