O90-13ORDINANCE NO. 90-/~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ACKNOWLEDGING AND
INCORPORATING PROVISIONS OF CHAPTER
89-268, LAWS OF FLORIDA (1989) AFFECTING
THE LOCAL GOVERNMENT CODE ENFORCEMENT
BOARDS ACT PRESENTLY CODIFIED UNDER
CHAPTER 162· FLORIDA STATUTES; PROVIDING
FOR THE ADOPTING OF AN ALTERNATE CODE
ENFORCEMENT SYSTEM WHICH WILL PROVIDE
THE CODE ENFORCEMENT BOARD OF BOYNTON
BEACH WITH THE ABILITY TO DESIGNATE
SPECIAL MASTERS TO ASSIST IN COMPLIANCE
WITH CHAPTER 162, FLORIDA STATUTES;
PROVIDING A LIEN MODIFICATION PROCEDURE;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has been a
~orerunner in its adoption, usage and implementation of its
pal Code Enforcement Board since the adoption of
162· Florida Statutes· as amended; and
WHEREAS, the Florida Legislature has, from time to
· reviewed and amended Chapter 162, Florida Statutes,
has altered the powers· duties and authority of the
pal Code Enforcement Board; and
WHEREAS, the Florida Legislature has adopted Chapter
~9-268, Laws of Florida (1989) which substantially modified
162, Florida Statutes· known as the "Local
Code Enforcement
~ffective October 1, 1989; and
Boards Act" (the "Act")
WHEREAS, This City Commission finds and determines that
the changes and modifications to the Act require
corresponding modifications to the City of Boynton Beach
Code of Ordinances to promote· protect and to improve the
health, safety and welfare of the citizens and residents of
the City of Boynton Beach, Florida:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are
~by ratified and confirmed as being true and correct and
hereby made a specific part of this Ordinance upon
hereof.
Section 2.
Section 2-72 of the Code of Ordinances
hereby deleted in its entirety and in its place the
lng provision added:
2-72 Intent.
Declaration of leqislative intent. It is the intent of
this article to promote, protect and improve the
health, safety and welfare of the citizens and
residents of the City of Boynton Beach, Florida, by
authorizing the creation of an administrative board
with authority to impose penalties to provide an
equitable, expeditious, effective and inexpensive
method of enforcing any codes and ordinances in force
in the City of Boynton Beach where a pending or
repeated violation continues to exist.
Section 3.
Section 2-82 of the Code of Ordinances
is hereby created and shall read as follows:
2-82 The City of Boynton Beach by this ordinance
hereby adopts an alternative code enforcement system
which shall provide the City of Boynton Beach Code
Enforcement Board or Special Masters hereinafter
described and designated by the City Commission of the
City of Boynton Beach, the authority to hold hearings
and assess fines against violators of the City of
Boynton Beach codes and ordinances.
Section 4. Section 2-73 of the Code of Ordinances
hereby amended to add the following definition:
2-73 Definitions.
"Repeat Violation" means a violation of a
provision of a code or ordinance by a person whom
the Code Enforcement Board has previously found to
have violated the same provision within five (5)
years prior to the violation.
Section 5. Section 2-74(a) of the Code of
is hereby amended to read as follows:
2-74.(a) Members of an enforcement board shall be
residents of the City. Appointments-shaCk-be-made-by
the--c~ty--eomm~ss~on--on--the--bas~s--o~--expe~enee
Appointments shall be made in accordance with
applicable law and ordinances on the basis
experience or interest in the subject matter
jurisdiction of the Code Enforcement Board. or-~n%erest
~n -the -{~ekds -o{ -zoning -and -bu~kd~ng -con%rokv --The
membersh~p--o~--an--en~o~eement--boa~d--shakk--wheneve~
9oss~b~e-be-as-~o~ows~
Section 6. Section 2-74(b) of the Code of
)rdinances is hereby amended in part to read as follows:
2.74(b) ...AnM-member-who-~a~s-t~-atten~-~ou~
~4~ -sueeess~ve -meetings -sha~
~e~t --h~s --appointment --and --the --~tM
If any member fails to fails to attend two of
three successive meetings without cause and
without prior approval of the Chairman, the
enforcement board shall declare the members'
office vacant and the City commission shall
promptly fill such vacancy.
Section 7.
Section 2-74(d) is hereby amended to
as follow:
(d)
The-boar~-atto~ney-sha~-e~the~-be-eounse~-to
the-en~oreement-boa~d-o~-sha~-~ep~esent-the
e~tM -bT -p~esent~n~-eases -be~o~e -the-boa~.
The City Commission hereby appoints the City
Attorney or his designee as legal counsel for
the Code Enforcement Board.
Section 8.
Section 2-76(a) of the Code of
)rdinances is hereby amended to read as follows:
2.76(a) It shall be the duty of the code inspector to
initiate enforcement proceedings of the various codes=
; however, no member of the board shall have the power
to initiate enforcement proceedings.
Section 9. Section 2-76 of the Code of Ordinances
is hereby amended to add a subsection (d) as follows:
2.76(d) If a repeat violation is found, the code
inspector shall notify the violator, but it is not
required to give the violator a reasonable time to
correct the violation, The Code Inspector, after
notifying the violator of a repeat violation, shall
notify the Code Enforcement Board and request a
hearing. The Code Enforcement Board, through its
clerical staff, shall schedule a hearing and shall
provide notice pursuant to Section 2-81. The case may
be presented to the Code Enforcement Board even if the
repeat violation has been corrected prior to the board
hearing, and the notice shall so state.
Section 10. Section 2-77(b) of the Code of
~s is hereby amended to read as follows:
Section 2-77(b) Each case before an enforcement
board shall be presented by e~the~-the-b~a~-att~neM
~ a member of the building department staff.
Section 11. Section 2-77(e) of the Code of
Ordinances is hereby amended to read as follows:
2-77(e) At the conclusion of the hearing the
enforcement board shall issue findings of fact ~
3
based on evidence of record, and conclusions of
law and shall issue an order affording the proper
relief consistent with powers granted herein. The
findings shall be by motion approved by a majority
of those present and voting, except that at least
four (4) members of the enforcement board must
vote for the action to be official. The order may
include a notice that it must be complied with by
a specific date, and that a fine may be imposed if
the Order is not complied with by said date. A
certified copy of the Order may be recorded in th~
Public :Records of the County and shall constitute
notice to any subsequent purchasers, successors in
interest, or assigns if the violation concerns
real property, and the findings therein shall be
binding upon the violator, if the violation
concerns rea ~ers,
successors st, or assigns. If an Order
is recorded in the Yubl~ic Records pursuant to this
is complied with by the
date specified in the order, the enforcement board
shall issue an orde= that
recorded! in!~ the A
not required to issue such an order
)liance.
Section 12. Section 2-78 of the Code of Ordinances
.s hereby amended to read as follows:
Section 2-78
(b) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the city's
police department~ or by the Sheriff of the
County.
(c) SubPoena --records7 --surveys7 --p~ats --and --~%her
ma%e~ak= Subpoena evidence to its hearings.
Section 13. Section 2-79(a) is deleted in its
y and in its place the following provision added:
Section 2-79(a) The enforcement board, upon
notification by the code inspector, that an order
of the enforcement board has not been complied
with by the said time, or, upon finding that a
repeat violation has been committed, may order the
violator to pay a fine not to exceed $250.00 per
day for a first violation and not to exceed
$500.00 per day for a repeat violation for each
day the violation continues past the date set by
the enforcement board for compliance or, in the
place of a repeat violation for each day the
repeat violation continues past the date of notice
to the violator of the repeat violation. If a
finding of a violation or a repeat violation has
been made as provided in this part, a hearing
shall not be necessary for issuance of an order
imposing the fine.
Section 14. Section 2-79(c) of the Code of
nces is hereby deleted in its entirety and in its
the following inserted:
Section 2-79(c) A certified copy of an order
imposing a fine may be recorded in the Public Records
and thereafter shall constitute a lien against the land
on which the violation exists and upon any other rea.]
4
or personal property owned by the violator. Upon
petition to the Circuit Court, such order m~y be
enforced in the same manner as a court judgment by the
Sheriff's of this State, including le~y agains~ the
personal property, but such order shall not be deemed
to be a court judgement except for enforcement
purposes. A fine imposed pursuant to this part shall
continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section,
whichever occurs first. After three months from the
filing of any such lien which remains unpaid, the
enforcement board may authorize the City Attorney to
foreclose on the lien. No lien created pursuant to the
provisions of this part may be enforced on real-
property which is a homestead under Section 4, Article
X of the state Constitution.
Section 15. Section 2-79.5 of the Code of Ordinances
.s deleted in its entirety and in its place inserted the
following:
SectiOn 2-79.5 Duration of lien
No lien provided under this Article shall continue for
a period longer than twenty (20) years after the
certified copy of an Order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose on a
lien, the prevailing party is entitled to recover all
costs, including a reasonable attorneys fee, that
incurs in the foreclosure. The continuation of the
lien effected by the commencement of the action shall
not be good against creditors, or subsequent purchasers
for valuable consideration without notice, unless a
notice of lis pendens is recorded.
Section 2-80 of the Code of Ordinances is amended to
as follows:
Sec. 2-80. Appeal.
An aggrieved party, including the City Commission, may
appeal a final administrative order of an enforcement
board to the circuit court of Palm Beach County. Such
an appeal shall not be a hearing de novo, but shall be
limited to appellate review of the record created
before the enforcement board. An appeal shall be filed
within thirty (30) days of the execution of the order
to be appealed.
ARTICLE V. OF PART 2 of the Code of Ordinances is
amended to add a new section 2-83 which shall read as
follows:
2-83 Enforcement of the Codes of Ordinances; Penalties.
(1) As used in this Section, code enforcement officer
means any designated employee or agent of the City of
Boynton Beach whose duty it is to enforce codes and
ordinances enacted by the City of Boynton beach, Florida.
(2) The City may designate certain of its employees or
agents as code enforcement officers. The training and
qualifications of the employees or agents for such
designation shall be determined by the City. Employees or
agents who may be designated as code enforcement officers
may include, but are not limited to code inspectors, law
enforcement officers, animal control officers, or fire
safety inspectors. Designation as a code enforcement
officer does not provide the code enforcement officer with
the power of arrest or subject the code enforcement officer
to the provisions of Sections 943.085 through 943.255,
Florida Statutes, as amended. Nothing in this section
amends, alters or contravenes the provisions of any
state-administered retirement system or any state supported
retirement system established by general law.
(3a) A code enforcement officer is authorized to issue a
=itation to a person when based upon personal investigation,
the officer has reasonable cause to believe that the person
has committed a Civil infraction in violation of a duly
enacted code or ordinance and the County Court will hear the
charge.
(b) Prior to issuing a citation, a code enforcement
officer shall provide notice to the person that the person
has committed a violation of the code or ordinance and shall
establish a reasonable time period within which the person
must correct the violation. Such time period shall be no
more than thirty (30) days. If, upon personal
investigation, a code enforcement officer finds that the
)erson has not corrected the violation within the time
period, a code enforcement officer may issue a citation to
ithe person who has committed the violation. A code
enforcement officer does not have to provide the person with
a reasonable time period to correct the violation prior t~
issuing a citation and may immediately issue a citation if
the c°~e enforcement officer has reasoh to believe that the
violation presents a serious threat to the public health,
safetY, or welfare, or if the violation is irreparable or
irreversible.
(c) A citation issued by a code enforcement officer
shall be in a form prescribed by the City of Boynton Beach
and shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom
the citation is issued.
(3) The date and time the civil infraction was
committed.
(4)
(5)
The facts constituting reasonable cause.
The number or section of the code
or
ordinance violated.
(6) The name and authority of the code
enforcement officer.
(7) The procedure for the person to follow in
order to pay the civil penalty or to contest the citation.
(8) The applicable civil penalty if the person
elects to contest the citation.
(9) The applicable civil penalty of the person
elects not to contest the citation.
(10) a conspicuous statement that if the perso-
fails to pay the civil penalty within the time allowed, or
fails to appear in court to contest the citation, he shall
be deemed to have waived his right to contest the citation
and that, in such case,Judgment may be entered against tha
)erson for an amount up to the maximum civil penalty.
(4) After issuing a citation to an alleged violator, s
code enforcement officer shall deposit the original citation
and one copy of the citation with the Palm Beach County
court.
(5) The City of Boynton Beach is authorized to enforce
its codes and ordinances under the provisions of this
section and by the enactment of this Ordinance, the City
shall by separate ordinance set forth procedures for the
implementation of such provisions, including a schedule of
violationsand penalties to be assessed by code enforcement
officers. If the City chooses to enforce this section, each
code or ordinance enacted by the City establishing
procedures for implementation of this section shall provide:
(a) That'a violation of a code or an ordinance is
a civil infraction.
(b) A maximum civil penalty not to exceed
;500,00.
(c) A civil penalty of less than the maximum
civil penalty if the person who has committed the civil
infraction does not contest the citation.
(d) For the issuance of a citation by a code
enforcement officer who has reasonable cause to believe that
a person has committed an act in violation of a code or
ordinance.
court.
(e) For the contesting of a citation in county
(f) Such procedures and provisions as are
necessary to provide for the enforcement of a code or
ordinance under the provisions of this section.
(6) Any person who willfully refuses to sign and
accept a citation issued by a code enforcement officer shall
be guilty of a misdemeanor of the second degree, punishable
as provided in Section 775.082 or Section 775.083.
(7 The provisions of this Section shall not apply to
the enforcement pursuant to Section 553.79 and 553.80 of
building codes adopted pursuant to Section 553.73 as they
apply to construction provided that a building permit is
either not required or has been issued by the City. For the
purposes of this subsection, "building codes" means only
those codes adopted pursuant to Section 553.73.
(8) The provisions of this section are additional and
supplemental means of enforcing the City's codes and
ordinances and may be used for the enforcement of any code
or ordinance, or for the enforcement of all codes and
ordinances. Nothing contained in this section shall
prohibit the City from enforcing its codes or ordinances by
any other means.
7
Sec. 2-84 of the Code of Ordinances is hereby added to
read as follows:
Sec. 2-84. Lien Reduction Procedure
The lien reduction procedure is applicable to a lien
which is in effect subsequent to the issuance of an
Affidavit of Non-compliance, pursuant to Sec.
2-79.
Sec. 2-85.
Criteria for Lien Reduction
The following criteria must be complied with prior to a
lien reduction hearing before the Code Enforcement
Board:
1. The property in question must be in total
code compliance and an Affidavit of Compliance
must be issued for the Code Enforcement case that
is being appealed.
2. The subject property must be free of all
outstanding debts (including taxes) due the City.
3. The request for a lien reduction application
must be submitted to the Code Enforcement
Administrator within thirty (30) days of the date
of the execution of the Affidavit of Compliance.
4. A $200.00 application fee must be included
for the application to be processed.
Sec. 2-86.
Application for Lien Reduction
The Building Official or his designee shall provide the
application for a lien reduction hearing. The
application will be included with the Affidavit of
Compliance issued by the Code Enforcement
Administrator. A complete application must accompany
each lien reduction request that is to be heard before
the Board. I
Sec. 2-87.
Application Fee for Lien Reduction
A $200.00 fee shall accompany the initial reduction
application with a $50.00 fee for each additional
reduction application filed with the initial reduction
application. If all criteria for lien reduction are
not met under Section 2-85, the applicant shall be
reimbursed one-half the amount of the application fee.
If after it has been determined that the criteria under
Section 2-85 has not been compiled with and the
application returned to the applicant, a new
application and fee must be submitted for a lien.
reduction hearing.
Sec. 2-88.
Lien Reduction Procedure
A party requesting a lien reduction must sub~t ~
complete lien reduction application to the Code
Enforcement Division of the Building Department within
thirty (30) days of the execution date of the Affidavit
of Compliance. The Code Enforcement Administrator or
designee will process the application and determine
that all required criteria has been compiled with under
City Ordinance Sec. 2-85. If the applicant does not
qualify for a hearing under Sec. 2-85, the party will
8
be notified in writing of the reasons and refunded
one-half of the application fee. If the reduction
application is complete, a lien reduction hearing shall
be scheduled on the next available Code Enforcement
Board agenda. The appealing party will be notified in
writing of the scheduled date of the hearing at least
five (5) days prior to the hearing date. The hearing
shall be held at a regular meeting of the Code
Enforcement Board. A quorum must be present for the
Board to hear a lien reduction and a majority of the
entire Board must vote in the affirmative for a lien to
be reduced or waived. The Code Enforcement
Administrator shall submit the Board's appeal order to
the City Clerk, Legal Department and the City Manager.
The Code Enforcement Administrator or his designe~
shall notify the applicant in writing of the Board's
appeal order within seven (7) days following the entry
of the Order and of the date of the next City
Commission meeting when the Commission shall hear the
Board's recommendation.
Sec. 2-89.Conduct of Hearing for Lien Modification
The Code Enforcement Board at a lien modification
hearing shall make oneof the following determ__~nations:
the lien shall be waived in full, reduced to a
specified amount or shall be upheld in full. The Board
shall hear all the factSlregarding the specific code or
codes the appealing Party w~s in ~iolati~n of, the dat~
of the~ original Board Hearing, the date the Affi4avit
of Non,compliance was issued, the date the Affidavit of
Compliance was issued, the current lien amount-~d ali
pertinent information relating to the specific case,
prior to the Board making its determ{nation and order.
The lien modification he~ing shall not be a hearing de
novo of the original case.
Section 2-90.
Hearinqs.
Final Orders Issued in Lien Modification
The Board shall issue its recommendation to the
City Commission in writing.
The City Commission shall review the
recommendation of the Code Enforcement Board, may
hear the position of the property owner, a Cod~
Enforcement Board representative, or m~y rely upon
the minutes of the Code Enforcement Board
proceeding regarding lien modification.
The City Commission shall make one
following rulings:
of the
..(a) Accept the Code
reco~,,endation in full.
Enforcement Board
(b) Reject the Code
Reco~u, endation in full.
Enforcement
Boar~
(c) Modify the Code Enforcement Board
recor~6~endation.
(d) The Commission shall direct thm
administration to take action consistent with the
acceptance, rejection, or modification.
9
Section 16. It is the intention of the City
~ommission of the City of Boynton Beach, that the provision
of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Boynton Beach, Florida,
and that the Sections of this Ordinance may be renumbered,
relettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order
to accomplish such intention.
Section 17. 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 part shall be considered as
eliminated and in no way effecting the validity of the other
)rovisions of this Ordinance.
Section 18. That all Ordinances or parts of
)rdinances, Resolutions or parts of Resolutions in conflict
lerewith, be and the same are repealed to the extent of such
conflict.
Section 19.
immediately upon adoption.
FIRST READING this ~9-Z~b day of
1990.
ND, FINAL READING and PA
· 1990.
That this Ordinance shall take effect
/~ day of
? , FLORIDA
Mayor
~mmissioner - ~ -~--
C6mm¥ s s ioner
ATTEST:
CitJ Clerk
Cohunissioner
(Corporate Seal)
10