BOYNTON.10 Chapter 10
GARBAGE, TRASH AND OFFENSIVE CONDITIONS*
Art. I. In General, 88 10-1-- 10-21
Art. II. Refuse, Garbage and Trash, 88 10-22--10-
49
Art. III. Abandoned Property, 88 10-50--10-54
Art. IV. Reserved, 88 10-55--10-61
*Cross references-Sanitation placed within
department of public works, ~2-2; removal of dead
animals, ~' 4-10, 4-11; nuisances arising from
keeping of animals, ~ 4-13; open burning, ~ 9-3;
stench bombs and other offensive matter, ~ 15-11;
litter, ~ 15-26 et seq.; disposal of refuse and trash on
beaches and in parks, ~ 16-49.
ARTICLE I. IN GENERAL
Sec. 10-1. Reserved.
Editor's note-Section 2 of Ord. No. 88-39,
adopted Sept. 7, 1988, repealed former ~ 10-1, which
pertained to penalties and derived from Code 1958, ~
13-42.
Sec. 10-2.
Lands to be kept free from trash or
filth.
The owners of lands within the city shall keep the
same and one-half of any abutting street, alley or
easement free from any accumulation of trash or filth,
broken tree limbs or branches, uncontained garbage or
refuse, any containers or materials which could hold
or conceal pools of water, and heavy dense or dank
growth of weeds, grass, underbrush, palmettos, Florida
holly trees, or other uncultivated vegetation, or other
dead or living plant life, which might constitute a fire
hazard, serve as a breeding place for or harbor insects,
rodents, wild animals, snakes or other pests or vermin,
or give off an offensive odor, [which] shall in each
constitute a nuisance when any parts or accumulation
of growth are located within fifty (50) feet of the
boundary of any developed or maintained adjacent
property located in the corporate limits of the City of
Boynton Beach. In the event accumulation or growth
constituting a nuisance is defined herein or located on
acreage, then only that area which is within fifty (50)
feet or less from the nearest boundary shall be
declared to be a nuisance. It is further found and
declared that said accumulation and growth are
detrimental to the economic welfare of the adjacent
property, and injurious to the public safety, heakh
and welfare of the City of Boynton Beach and its
inhabitants. Said nuisances also adversely affect
economic growth, stability and prosperity of said city
and its inhabitants. It is further found and declared
that dense, undergrowth, weeds and vegetation either
cultivated or uncultivated that are allowed to grow so
as to impede and obstruct the normal view of
intersections, railroad crossings or traffic signs from
streets, roads and highways are traffic hazards and are
hereby declared to be a nuisance. (Code 1958, 88 13-
15, 13-18, 13-27; Ord. No. 80-27, 8 1, 7-15-80; Ord.
No. 82-28, 8 1, 9-21-82)
Sec. 10-3.
Lands to be kept free from matter
occasioning hurricane hazards.
All lands in the city shall be kept free from
debris, vegetation (including trees) or any other
matter, which by reason of height, proximity to
neighboring structures, physical condition or other
peculiar characteristics, might, in time of hurricane
winds, cause damage to life or property within the
immediate area surrounding the same. The existence
of any debris, vegetation or other matter as shall
create such a hazard is hereby declared to be a
nuisance. (Code 1958, 8 13-17)
Sec. 10-4.
Inspection of lands to determine
violation.
The city manager or his designated
representative shall, as often as may be necessary,
inspect lands within the city to determine if violation
of this chapter exists. (Ord. No. 89-47, 8 1, 12-5-89)
1998 S-7 1
2 Boynton Beach Code
Sec. 10-5. Notice of violation required.
If the city manager or his designated repre-
sentative shall determine that a public nuisance exists
in accordance with the standards set forth in these
sections on any lot, tract, parcel, or other real property,
within the city, whether improved or unimproved, he
shall forthwith notify the owner of the property as the
ownership appears upon the last complete records of
the county tax assessor. The notice shall be given in
writing by first class mail, postage prepaid, which
shall be effective and complete when properly
addressed as set forth above and deposited in the
United States mail with postage prepaid, and shall be
considered sufficient notice. In case of multiple or
joint ownership, service as herein provided on any one
(1) owner shall be sufficient. The personal delivery by
the city manager or his designated representative in
lieu of mailing shall be equivalent to mailing. In the
event that the mailed notice is returned by the postal
authorities, the city manager or his designated
representative shall cause a copy of the notice to be
served upon the occupant of the property or upon any
agent of the owner thereof. In the event that personal
service upon the occupant of the property or upon any
agent of the owner thereof cannot be performed after
reasonable search, the notice shall be given by a
physical posting of the notice on the subject property.
(Ord. No. 89-47, § 2, 12-5-89)
Sec. 10-6. Content and form of notice.
(a) The Notice provided for in section 10-5 shall
notify the owner of the land of the following:
(1)
It has been determined that a public nuisance
exists on his land, and what constitutes that
nuisance.
(2)
The owner of the land shall have ten (10)
days from the date of the notice to remove
the condition causing the nuisance on the
land.
(3) If the conditions are not corrected or
removed, the city shall have them corrected
or removed at the expense of the owner,
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2002 S-18
Garbage, Trash and Offensive Conditions 3
(b) The notice required by section 10-5 shall be
in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Date
TO:
ADDRES S:
Our records indicate that you are the owner(s) of
the following property in Boynton Beach, Florida:
(describe property)
You are hereby notified that the City Manager or
his designated representative of the City of Boynton
Beach, Florida, has on the __ day of ,
t 9 ., determined that a nuisance exists on your
property in violation of section of the City of
Boynton Beach Code of Ordinances. The nuisance is
more particularly described as follows:
(describe nuisance)
You, as the owner/owner(s) of the above-
described property have ten (10) days from the date of
this notice to correct or to remove the condition
causing the nuisance from the property in order to
comply with the above-referenced to city ordinance. If
the conditions are not corrected or removed within this
time, the City of Boynton Beach shall proceed to
correct or remove the conditions at the expense of the
owner/owner(s) of the property, which expense shall
include the costs of inspection and administration.
You also have the right, within seven (7) days
from the date of this notice, to file a written petition
with the City Manager or his representative for a
hearing before a three person board composed of the
City Manager, the Director of Public Works/
Engineer, and the Director of Recreation and Parks, or
their designee, which hearing shall be held within ten
(t0) days of the date the petition is received by the
City Manager.
The issues to be determined at said hearing are
whether the conditions do in fact exist and why the
conditions should not be abated by the City at the
expense of the owner, and the time limits for such
abatement. The source of the condition shall not be a
defense against the requirement that the condition
shall be abated by the owner.
If after a hearing the board determines that the
conditions which exist on the property constitute a
public nuisance, the owner or owners of the property
shall have an additional seven (7) days to correct or
remove the conditions after which the City shall have
the right to have the conditions abated at the expense
of the property owner. If the owner has not requested
a hearing within seven (7) days, the City shall have
the right to have the objectionable condition corrected
or removed at the expense of the owner. If the City
has the condition abated and payment is not received
within thirty (30) days after the mailing of a notice of
assessment for the cost of such work together with all
costs of inspection and administration, the City shall
have a lien placed against the property for the costs of
the work, including inspection and administration
costs, plus interest at the rate of eight (8) percent, plus
reasonable attorney's fees, and other costs of
collecting said sums, without further hearing by the
board or City Commission.
CITY OF BOYNTON BEACH
BY:
City Clerk
(Ord. No. 89-47, § 3, 12-5-89; Ord. No. 02-033, § t,
8-20-02)
Sec. 10-7. Hearing.
(a) The owner of the property shall have the
right, within ten (10) days from the date of the notice
of public nuisance provided for in this chapter to file
a written petition with the city manager for a hearing
before a three-person board composed of the city
manager, the director of public works and the code
compliance administrator, or their designees, which
hearing shall be held within ten (t0) days of the date
the petition is received by the city manager.
2002 $-18
4 Boynton Beach Code
(b) The issues to be determined at the hearing
are whether the conditions do in fact exist and why the
conditions should not be abated by the city at the
expense of the owner, and the time limits for the
abatement. The source of the condition shall not be a
defense against the requirement that the condition
shall be abated by the owner. (Ord. No. 89-47, § 4, 12-
5-89; Ord. No. 02-033, § 1, 8-20-02)
will be incurred. Nothing herein shall be construed to
prevent the city administration from exercising its
discretion of whether to increase or decrease charges
based on cost or bid considerations or utilize a means
other than that contemplated in the notice provided
for in this section to abate the condition violative of
this chapter. (Ord. No. 89-47, § 5, 12-5-89)
Sec. 10-8.
Abatement by city; notice of
estimated cost.
(a) If after a hearing, as provided for in section
10-7, the board determines that the conditions which
exist on the property constitute a public nuisance, the
owner of the property shall have an additional seven
(7) days to remove or correct the conditions, after
which the city, through the city administration or
agents or contractors hired by the city administration
shall have the right to have the conditions abated at the
expense of the property owner. If the owner has not
requested a hearing within seven (7) days, the city,
through the city administration or agents or
contractors hired by the city administration, shall have
the right to have the objectionable condition corrected
or removed at the expense of the owner. If the city has
the condition abated and payment is not received
within thirty (30) days after the mailing of a notice of
assessment for the work together with all costs of
inspection and administration, the city shall have a
lien placed against the property for the cost of the
work, including inspection and administration costs,
plus interest at the rate of eight (8) percent, plus
reasonable attorney's fees, and other costs of collecting
the sums, without further hearing by the board or
commission.
(b) Seven (7) days prior to the condition being
corrected by, or at the cause of, the city, notice shall
be sent by first class mail, postage prepaid, to the
owner apprizing the owner of the estimated cost of
abatement. In the event the city administration
contemplates having the condition corrected by a
contractor, the notice shall contain a list of the prices
bid. In the event the city administration contemplates
having the condition corrected by the city personnel,
the notice shall set forth the estimated charge which
Sec. 10-9. Abatement bid procedure.
(a) The city shall obtain competitive bids at
intervals no less than yearly for an hourly rate for
services entailed in carrying out the abatement of
nuisances under this chapter. The successful bidders
shall be required to provide insurance and bonding as
the city deems advisable. The city shall notify all
bidders of the price of the lowest bid and those
bidders who agree to perform services at the low bid
price shall be placed on a list for use in nuisance
abatement.
(b) The city shall prepare an estimate of the
number of hours needed to abate each nuisance. If the
person or company abating the nuisance exceeds the
estimate by more than fifteen (15) percent, the city
shall investigate to determine if the additional hours
are justified, and shall make a report of its findings to
the building official. The building official shall
negotiate any discrepancies in billing with the
contractor. If the matter cannot be resolved, it shall be
referred to the city manager who shall be the final
arbiter of the billing dispute. A copy of this section
shall be attached to the bid documents so that all
bidders are advised that billing disputes will be
resolved in this manner. (Ord. No. 89-47, § 6, 12-5-
89)
Sec. 10-10. Bidding and contracting provisions
preemptive.
The bidding and contracting provisions set forth
in this chapter are preemptive of all bidding,
purchasing, and contracting provisions of this Code
for purposes of this chapter. (Ord. No. 89-47, § 7, 12-
5-89)
2002 $-18
Garbage, Trash and Offensive Conditions 5
Sec. 10-11. Assessment of costs, interest, and
attorney's fees; lien.
As soon after the abatement as is feasible, the
city manager shall report to the commission the cost
of the abatement, including the costs of inspection
and administration. Thereafter, the commission shall
by resolution assess the cost against the subject
parcel. This resolution shall describe the property
assessed, show the cost of the abatement, including
costs of inspection and administration, and indicate
that the assessment shall bear interest at the rate of
eight (8) percent per annum plus, if collection
proceedings are necessary, that the property owner
would be required to pay the cost of the proceedings
including a reasonable attorney's fee. This resolution
shall become effective thirty (30) days from the date
of adoption, and the assessment contained therein
shall become due and payable thirty (30) days after
the mailing date of the notice of the assessment. In
the event that payment has not been received within
thirty (30) days after the mailing date of the notice of
assessment, the city clerk shall record a certified copy
of the resolution in the public records of the county,
and upon the date and time of recording the certified
copy of the resolution, a lien shall become effective
on the subject property which shall secure the cost of
abatement, including costs of inspection and
administration, and collection costs including a
reasonable attorney's fee. At the time the city clerk
sends the certified copy of the resolution for
recording a notice shall also be mailed to the property
owner in substantially the following form:
NOTICE OF LIEN
accordance with city ordinances my office has
Date
TO:
ADDRES S:
You are hereby advised that the City of
Boynton Beach did on or about the __ day of
, 19 , abate the nuisance which was found to
exist on your property. The nuisance was abated
at a cost, including costs of inspection and
administration, of__. In
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enacted in lieu thereof a new Art. II, pertaining to the
samessubject matter. Former Art. II was derived from
Coddg958, ~' 13-~13-6, 13-9, 13-11,
1
1
CITY OF BOYNTON BEACH
BY:
City Clerk
(Ord. No. 89-47, § 8, 12-5-89)
Sec. 10-12. Enforcement of assessment.
The city may enforce the assessment by either
an action at law or foreclosure of the lien provided in
section 10-11, which shall be foreclosed in the same
manner as mortgages are foreclosed under state law.
In either type of action, the city shall be entitled to
interest at the rate of eight (8) percent from the date
of assessment, collection cost, and reasonable
attorney's fees.
(Ord. No. 89-47, § 9, 12-5-89)
Secs. 10-13--10-21. Reserved.
ARTICLE II. REFUSE, GARBAGE AND
TRASH*
*Editor's note-Ord. No. 82-29, ~ 1, enacted
Sept. 21, 1982, repealed former Art. II, ~' 10-2~
10-39, relative to refuse, garbage and trash, and
6 Boynton Beach Code
13-13, 13-3~13-41, and Ord. No. 80-20, ~ 1,
adopted June 3, 1980.
suitable bale by which it may be readily
Sec. 10-22.
City to collect and dispose of
garbage; supervision; regulatory
authority.
All garbage and some trash and horticultural
refuse accumulated in the city shall be collected,
conveyed and disposed of by the city under the
supervision of the public works director. The public
works director shall have authority to make
administrative regulations concerning the days of
collection, type and location of waste containers and
such other matters pertaining to the collection,
conveyance and disposal not otherwise set by the city
commission or the city manager as he shall find
necessary, and to change and modify the same after
notice as required by law, provided that such
regulations are not contrary to the provisions hereof.
(Ord. No. 82-29, § 1, 9-21-82)
Sec. 10-23. Definitions.
For the purpose of this article, the following
words and terms are defined as follows:
Additional pickup means a collection of garbage,
combustible trash, noncombustible trash or yard trash
required due to the inappropriate container, lack of
containerization and/or size or type of material placed
out for pickup.
Commercial means places of business including,
but not limited to hotels, motels, restaurants, offices,
industries, stores and other locations which hold
themselves out to the public as places of business or
accommodations.
Containers or receptacles:
(1)
"Noncontainerized" means the use of a
standard thirty- three (33) gallon or less
garbage can constructed of light gauge
steel, galvanized metal or plastic with a
tight-fitting lid; such receptacle to have two
(2) handles upon the sides thereof or a
lifted for the purpose of easily emptying into a
sanitation vehicle.
2
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Dispose means to deliver to approved landfill or
transfer station or other approved disposal method.
e
Refu~ shall mean any or all of the following:
garbage, o~mbustible trash, noncombustible trash,
and yard lkash. Such items are hereby further defined
as followsv
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Garbage, Trash and Offensive Conditions 7
offices, and other business places.
(3)
"Noncombustible trash:" Materials that are
not burnable at ordinary incineration
temperatures, such as metals, mineral
matter, metal furniture and auto bodies and
parts.
(4)
"Yard trash:" Shall mean vegetative matter
resulting from landscaping maintenance
and land-clearing operations including
accumulation of lawn, grass, shrubbery
cuttings, dry leaf rakings, palm fronds,
small tree branches not to exceed four (4)
inches in diameter or four (4) feet in length.
Yard trash shall be collected on scheduled
pickup days.
Residential means any structure or shelter or any
part thereof used or constructed as a residence for one
or more families.
Sanitation supervisor means the director of
public works and his duly authorized agents.
Special pickup is a collection resulting from a
call from residents to the public works department to
arrange a "special pickup" for items not collected
weekly. Such pickups include the following items:
Washers, dryers, furniture (including mattress and
springs), rugs and other household items.
Horticultural refuse larger than one cubic yard will
also have to be arranged by the resident with the
public works department. Special pickups will be
coordinated with the resident and the sanitation
supervisor as to time, place, date and items to be
picked up. Items to be picked up will not be
deposited at curbside prior to approval of the
sanitation supervisor.
Waste material means and includes sand, wood,
stone, brick, cement, concrete, construction blocks,
roofing and other refuse building materials usually
left over from a construction or remodeling project
also trees, tree stumps, tree limbs larger than four (4)
inches in diameter and longer than four (4) feet in
length, except palm fronds.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, § 1, 6-
2-92; Ord. No. 94-28, § 1, 9-9-94)
Sec. 10-24. Residential noncontainerized
collection.
(a) The occupant of each household in the city
is hereby required to provide refuse containers of
sufficient capacity to hold four (4) days' accumulation
of garbage and loose trash from each household.
(b) The city will collect noncontainerized
residential refuse under the following conditions:
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8 Boynton Beach Code
(3)
(4)
(6)
shall no longer use the container for
collection.
It shall be unlawful for any person to place,
in such unapproved container, any garbage
or other material and the owner or occupant
of said premises shall provide a new
container to take the place of the
unapproved can.
All yard trash shall be placed in approved
containers or bundled for pickup. No loose
material, such as leaves, grass clippings,
hedge clippings, and yard sweepings shall
be set out for collection.
Special waterproof disposable refuse bags
or any other containers may be used. When
such bags or any other containers are used,
the responsibility for protection of either
the bag or the container and the contents
shall rest with the property occupants.
Rupture of or damage to the bag or
container from any cause resulting in the
scattering of refuse prior to the arrival of
collection personnel will obligate the user
to reassemble all of the refuse and provide
an undamaged bag or container prior to
pickup by the city.
Yard trash too large for containers and
consisting of tree branches, palm fronds,
brush, trimmings, etc, shall be cut in
lengths not exceeding four (4) feet and not
more than four (4) inches in diameter.
(Length limitation does not apply to palm
fronds.) Accumulations shall be stacked in
compact piles at curbside within the
confines of residents' or owners' side
property lines. Deposits of refuse shall not
obstruct pedestrian or vehicular traffic. The
city will not collect yard trash produced
from commercial tree trimming operations,
landscape and lawn maintenance operators.
No refuse shall be placed on property
owned or occupied by others without
permission.
Accumulation of waste material of any type
shall not be permitted to remain in street
right-of-way in excess of four (4) days.
(
7
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(Ord. No.[82-29, § 1, 9-21-82; Ord. No. 92-12, §§
2--4, 6-202; Ord. No. 94-28, § 2, 9-9-94)
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Sec. 10-2~.
(a)
service:
Containerized commercial and
residential collection.
P
Regulations governing containerized
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Garbage, Trash and Offensive Conditions 9
residential establishments in the promotion
of improved sanitary conditions for the
prevention of health hazard. Containers are
supplied by and shall remain the property
of the city. The user is responsible for the
protection of containers placed to serve his
premises. The user shall be liable to the
extent of the cost of repairs or replacement
of containers when damaged by fire,
negligence, vandalism or other forms of
abuse.
(2)
Free dumping access to containers at all
times shall be provided by the user. All
containers shall be located so that the
collection vehicle driver can dump
containers without leaving the vehicle.
(3)
Customers using garbage chutes or interior
storage shall provide containers on rollers
which will be the responsibility of the
owner or occupant for maintenance. The
owner shall be responsible for placing
(rolling) them to the proper position for
emptying and in time for emptying.
(4) The size or number of containers shall be
determined by the volume of refuse to be
deposited and will be in direct relationship
to the manner in which the user elects to
utilize the space provided in said container
or containers. Charges shall be assessed on
the basis of cubic yards of refuse removed
from premises whether manually
compacted or loose.
(Ord. No. 82-29, § 1, 9-21-82)
applicable shall mutually arrive at a satisfactory
arrangement to meet collection requirements.
(b) [When refuse collected.] Refuse from
commercial establishments will be collected daily or
as necessary to meet sanitation standards. Refuse
from containerized residential units will be collected
twice a week.
(c) Duty to record and bill users of city system.
The sanitation supervisor shall cause to be kept, an
accurate record of all persons using the services and
facilities of the said municipal refuse collection and
disposal system and make charges in accordance with
the rates and charges herein established.
(d) [Burying refuse prohibited.] It shall be
unlawful for any person to bury in the ground any
refuse.
(e) [Unlawful deposits.] It shall be unlawful for
any person to deposit refuse upon any vacant or
unoccupied premises in the city or upon any occupied
property without the permission of the owner or upon
any street, alley, park, parkway, or in any canal,
waterway, rock pit and sand pit, pool or lake within
the city.
Cross references-Depositing litter in bodies of
water, ~ 15-30; pollutingpark waters, ~ 16-26.
(f) Mulch or compost piles permitted.
Horticultural trash and refuse containing no
combustible matter, or which will not, during decay,
give off offensive odors, may be accumulated by the
owner as a mulch or compost pile in the rear of the
premises upon which accumulated.
Sec. 10-26. General regulations.
(a) Predetermination of refuse storage sites
required. Prior to the issuance of a building permit by
the city building department for the renovation,
modification or erection of a new structure other than
single-family dwellings, provisions must be made for
the storage and handling of refuse. Such
arrangements shall provide free access to containers
by mechanized equipment at all times. Acting jointly,
the public works department and the city building
department and the builder-owner-occupant as
(g) I4/ho may collect and convey refuse. All
refuse accumulated in the city shall be collected,
conveyed and disposed of by the city government or a
licensed commercial hauler approved by the city for a
specific type of collection at a specific location. No
person shall collect, convey over any of the streets or
alleys of the city, or dispose of any refuse
accumulated in the city without a written contract or
permit approved by the city. However, this section
shall not prohibit the actual producer of refuse or the
owner of premises upon which refuse has
accumulated from personally collecting, conveying
and disposing of such refuse, provided such producers
10 Boynton Beach Code
or owners comply with the provisions of this section
and with all other governing laws and ordinances.
Commercial tree trimmers, landscape and lawn
maintenance operators shall dispose of all waste
produced by their operation. (Ord. No. 82-29, § 1, 9-
21-82)
Editor's note-Subsection 10-26(h), relative to
the disposal of construction or industrial wastes, had
been deleted as being duplicative of ~ 10-30.
per month
Sec. 10-27. Reserved.
Editor's note-Provisions designated ~ 10-2 7,
and enumerating certain violations, have been
deleted by the editor as being duplicative of ~ 10-31.
Sec. 10-28. Purpose of rates and charges.
The rates and charges herein set forth are
imposed to provide revenue for the purpose of paying
the costs of the operation and maintenance of the
refuse collection and disposal system of the city and
extensions thereof and replacements thereto and for
any other lawful purpose as so determined by the city
commission.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-
9-94)
Sec. 10-29. Rates and charges for city service.
The rates and charges for refuse collection
service provided by the city shall be as follows:
(a) Commercial containerized, excluding
multifamily residential units:
(1)
Monthly commercial charges shall
consist of a total of the following three
(3) items:
a. Container rental charge-A
monthly flat fee charge to cover
the cost of the container by size as
follows:
2 cu. yd. container-S19.40
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(b) Noncontainerized commercial service:
(1) Refuse picked up from residential
type cans at commercial
establishments shall have their level of
service negotiated by the public works
department with an opportunity to
appeal the rate to city commission.
(c) Residential rates (noncontainerized) :
(d)
(e)
(1) Ten dollars and fifty cents
($10.50) per month for single-family
dwellings.
(2) Ten dollars and fifty cents
($10.50) per month for each family
unit duplex or triplex.
(3) Ten dollars and fifty cents
($10.50) per month for each family
unit for apartments and
condominiums.
(4) Trailer parks, ten dollars and fifty
cents ($10.50) per month per trailer.
Residential rates (containerized,
multi family):
(1) Six dollars ($6.00) per month for
each family unit for apartments and
condominiums that are served by
dumpster containers.
(2) Six dollars ($6.00) per trailer in
trailer parks.
Special pickup: Special pickups of items
not normally handled by the weekly
garbage, trash or recycling pickup, whether
due to the type of waste or the volume of
waste, may be scheduled by contacting the
public works department and the rate for
such pickup shall be established by the
director depending on the size and type of
removal needed.
Garbage, Trash and Offensive Conditions 11
(g) ]Minimum charge.] All properties shall be
assessed no less than the minimum
(f) Reserved.
applicable rate schedule provided for in this
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(h)
a
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12 Boynton Beach Code
Garbage, Trash and Offensive Conditions 13
The public works director may establish
extra pickup charges for commercial
recycling based on the size and type of
service needed.
(i)
School rates: A separate rate category for
school service shall be established by the
public works director, as the solid waste
authority has established separate disposal
charges for the public school system. These
rates shall be based on the size of the
container and number of pickups per
month.
O) Additional pickup: Additional pickups
necessitated by the lack of adherence to the
requirements set forth in chapter 10, article
II shall be determined by the public works
director, with the first pickup requiring a
warning notice of the violation being
provided to the resident of the property and
the second pickup resulting in an additional
charge of twenty-five dollars ($25.00).
Subsequent pickups within a twelve-month
time period will also receive a charge of
twenty-five dollars ($25.00) per pickup.
One (1) warning notice per every twelve
(12) months will be afforded to the property
owner or tenant. Warnings shall consist of
placement of a door hanger on the property
plus a notice letter sent regular mail to the
named individual listed on the city's utility
billing record at the service address.
(Ord. No. 82-29, 8 1, 9-21-82; Ord. No. 83-36, 8 1,
10-18-83; Ord. No. 85-55, 8 1, 11-15-85; Ord. No.
86-36, 8 2, 10-21-86; Ord. No. 90-36, 8 1, 9-18-90;
Ord. No. 91-63, 8 1, 9-19-91; Ord. No. 92-49, 8 1,
10-8-92; Ord. No. 93-33, 88 1, 2, 9-21-93; Ord. No.
94-28, 8 4, 9-9-94)
Sec. 10-30. Disposal of construction, industrial
or garage wastes.
Waste material resulting from the construction,
alteration, repair or demolition of buildings or
structures or the cleaning of vacant lots must be
removed by the owner or person performing such
work. Waste products of packing houses, industrial
plants and similar businesses, and spent oils or
greases accumulated at garages, filling stations or
similar establishments must likewise be removed by
the owner or occupant of the premises.
(Ord. No. 82-29, 8 1, 9-21-82)
Sec. 10-31. Violations.
It is hereby declared unlawful and a violation of
this article for any person to do or permit to be done
any of the following acts or practices:
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(Ord. No. 82-29, § 1, 9-21-82)
Secs. 10-32--10-49. Reserved.
ARTICLE iii. ABANDONED PROPERTY*
P
*EdiWr's note-Ord. No. 87-2, ~' 1, 2, adopted
Feb. 3, 1987, repealed former Art. IIL Abandoned,
wrecked hr junked vehicles, being ~' 10-5~10-56,
as derivecffrom the 1959 Code, ~' 29-~29-8, and
enacted iri lieu thereof new provisions designated
herein as etrt. IIL ~' 10-5~10-54.
a
1
Sec. 10-55. Definitions.
Y
For the purposes of this article, the following
words anchphrases shall have the meaning set forth
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14 Boynton Beach Code
herein. According to context, words used in the
present tense include the future, singular words
include the plural, plural words include the singular,
and masculine words shall include the feminine
gender.
Abandoned property means all tangible personal
property which does not have an identifiable owner
and which has been disposed on public property in a
wrecked, inoperative, or partially dismantled
condition or which has no apparent intrinsic value to
the rightful owner. However, vessels determined to
be derelict by the Department of Natural Resources
in accordance with the provisions of Section 823.11,
Florida Statutes, shall not be included in this
definition.
Antique motor vehicle is any motor vehicle of
thirty-five (35) years or more which is registered with
the State of Florida, pursuant to Florida Statutes,
Section 320.086.
City is the City of Boynton Beach, Florida.
Enforcement officer means those employees or
other agents of the city designated by ordinance, or
duly authorized and appointed by the city manager,
whose duty it is to enforce city codes. This definition
shall include law enforcement officers.
Inoperable motor vehicles. A motor vehicle shall
be deemed inoperable and/or abandoned if a valid
and current motor vehicle license is not affixed
thereto in excess of thirty (30) calendar days;
provided however, that this shall not apply to motor
vehicles located on private property owned or leased
by automobile dealers, new or used, possessing a
current, valid, occupation license; nor shall this
definition apply to any antique or collector vehicle
which is registered with the State of Florida, pursuant
to Florida Statutes, Section 320.086.
Law enforcement officer means any full-time
police officer employed by the city.
Lost property means all tangible personal
property which does not have an identifiable owner
and which has been mislaid on public property, upon
a public conveyance, on premises used at the time for
business purposes, or in parks, places of amusement,
public recreation areas, or other places open to the
public in a substantially operable, functioning
condition or which has an apparent intrinsic value to
the rightful owner.
Motor vehicle is a vehicle or conveyance which
is self-propelled and designed to travel along the
ground, and includes, but is not limited to,
automobiles, buses, mopeds, motorcycles, trucks,
tractors, go-carts, golf carts, campers, motorhomes
and trailers.
Private property is any real property within the
city which is privately owned and which is not
defined as public property herein.
Public property means lands and improvements
owned by the federal government, the State of
Florida, a county or a municipality and includes
sovereignty submerged lands located adjacent to the
county or municipality, buildings, grounds, parks,
playgrounds, streets, sidewalks, parkways, rights-of-
way, and other similar property.
Wrecked motor vehicle is any motor vehicle the
condition of which is wrecked, dismantled, partially
dismantled, incapable of operation by its own power
on a public street, or from which the wheels, engine,
transmission or any substantial part thereof has been
removed. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-
29, § 1, 9-15-87)
Sec. 10-51. Abandoned or lost property on
public property, procedure.
(a) Whenever a law enforcement officer of the
city ascertains that an article of lost or abandoned
property is present on public property and is of such
nature that it can be easily removed, the officer shall
take such article into custody and shall make a
reasonable attempt to ascertain the rightful owner or
lienholder pursuant to the provisions of this section.
(b) Whenever a law enforcement officer
ascertains that an article of lost or abandoned
property is present on public property and is of such
nature that it cannot be easily removed, the officer
shall cause a notice to be placed upon such article in
substantially the following form:
Garbage, Trash and Offensive Conditions 15
NOTICE TO TIE OWNER AND ALL
PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to
wit: (setting forth brief description) is
unlawfully upon public property known as
(setting forth brief description of location) and
must be removed within 5 days, otherwise, it
will be removed and disposed of pursuant to
Chapter 705, Florida Statutes. The owner will be
liable for the costs of removal, storage, and
publication of notice. Dated this: (setting forth
the date of posting of notice), signed: (setting
forth name, title, address and telephone number
of law enforcement officer).
Such notice shall be not less than seven (7) inches by
ten (10) inches and shall be sufficiently weatherproof
to withstand normal exposure to the elements. In
addition to posting, the law enforcement officer shall
make a reasonable effort to ascertain the name and
address of the owner. If such is reasonably available
to the officer, he shall mail a copy of such notice to
the owner on or before the date of posting. If the
property is a motor vehicle as defined in Section
320.01 (1), Florida Statutes, or a vessel as defined in
Section 327.02(27), Florida Statutes, the law
enforcement agency shall contact the Department of
Highway Safety and Motor Vehicles or the
Department of Natural Resources, respectively, in
order to determine the name and address of the owner
and any person who has filed a lien on the vehicle or
vessel as provided in Section 319.27(2) or (3) or
Section 328.15(1), Florida Statutes. On receipt of
this information, the law enforcement agency shall
mail a copy of the notice by certified mail, return
receipt requested, to the owner and to the lienholder,
if any. If, at the end of five (5) days after posting the
notice and mailing such notice, if required, the owner
or any person interested in the lost or abandoned
article or articles described has not removed the
article or articles from public property or shown
reasonable cause for failure to do so, the following
shall apply:
(1)
For abandoned property, the law
enforcement agency may retain any or all
of the property for its own use or for use by
the state or unit of local government, trade
such property to another unit of local
government or state agency, donate the
property to a charitable organization, sell
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16 Boynton Beach Code
reasonably adequate to permit the
rightful owner of the property to
identify it.
the law enforcement officer in the discharge of his
(c) If the property is sold at public sale
pursuant to subparagraph (b)(2)b, the agency shall
deduct from the proceeds the cost of transportation,
storage, and publication of notice, and any balance of
proceeds shall be deposited into an interest-bearing
account not later than thirty (30) days after the date
of the sale and held there for one (1) year. The
agency shall provide a bill of sale clearly stating that
the sale is subject to any and all liens. The rightful
owner of the property may claim the balance of the
proceeds within one (1) year from the date of the
above stated deposit by making application to the
agency. If no rightful owner comes forward with a
claim to the property within the designated year, the
balance of the proceeds shall be deposited into the
state school fund.
(d) The owner of any abandoned or lost
property who, after notice as provided in this section,
does not remove such property within the specified
period shall be liable to the law enforcement agency
for all costs of removal, storage, and destruction of
such property, less any salvage value obtained by
disposal of the property. Upon final disposition of the
property, the law enforcement officer shall notify the
owner, if known, of the amount owed. In the case of
an abandoned boat or motor vehicle, any person who
neglects or refuses to pay such amount is not entitled
to be issued a certificate of registration for such boat
or motor vehicle, or any other boat or motor vehicle,
until such costs have been paid. The law enforcement
officer shall supply the Department of Natural
Resources with a list of persons whose boat
registration privileges have been revoked under this
subsection and the Department of Motor Vehicles
with a list of persons whose motor vehicle privileges
have been revoked. Neither department nor any other
person acting as agent thereof shall issue a certificate
of registration to a person whose boat or motor
vehicle registration privileges have been revoked, as
provided by this subsection, until such costs have
been paid.
(e) Whoever opposes, obstructs, or resists any
law enforcement officer or any person authorized by
duties as provided in this section upon conviction is
guilty of a misdemeanor of the second degree,
punishable as provided in Section 755.083, Florida
Statutes.
(f) Any law enforcement officer or any person
authorized by the law enforcement officer is immune
from prosecution, civil or criminal, for reasonable,
good faith trespass upon real property while in the
discharge of duties imposed by this section.
(g) The rightful owner shall be liable for the
law enforcement agency's costs for transportation and
storage of lost or abandoned property and the
agency's cost for publication of notice of disposition
of lost property. If the rightful owner does not pay
such costs within thirty (30) days of making claim to
the property, title to the property shall vest in the law
enforcement agency. (Ord. No. 87-2, § 2, 2-3-87;
Ord. No. 87-29, §§ 2, 3, 9-15-87)
Sec. 10-52.
Storing, parking, or leaving wrecked
or inoperable motor vehicles on
private properly prohibited and
declared a nuisance; exceptions.
(a) No person shall park, store, leave or permit
the parking, storing or leaving of any abandoned
property or wrecked or inoperable motor vehicle of
any kind, whether attended or not, upon any private
property within the city, except that, with respect to
an inoperable motor vehicle, such vehicle may be
parked, stored, or left on said property for a period of
time not to exceed seventy-two (72) hours. The
presence of such vehicles, or parts thereof, on private
property is hereby declared a public nuisance which
may be abated in accordance with provisions of this
article.
(b) This section shall not apply to:
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(2)
Nor shall this section apply to any antique or
collector vehicle which is registered with the
State of Florida, pursuant to Florida Statutes,
Section 320.086. However, no more than
two (2) antique motor vehicles may be
retained by the same owner for collection
purposes unless they are appropriately
stored.
(c) Whenever the enforcement officer of the city
shall ascertain that an article or articles of abandoned
property are present on private property within the
limits of the City of Boynton Beach in violation of the
provisions of this article, the enforcement officer shall
cause a notice to be placed upon such article in
substantially the following form:
NOTICE TO THE OWNER AND ALL
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Garbage, Trash and Offensive Conditions
PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit:
(setting forth brief description) located at (setting
forth brief description of location) is improperly
stored and is in violation of (setting forth
ordinance or regulation violated) and must be
removed within ten (10) days from the date of
this notice unless a hearing has been demanded
in accordance with the terms of Chapter 10,
Article I, Boynton Beach Code of Ordinances
within ten (10) days of the date of this notice;
otherwise, it shall be presumed to be abandoned
property and will be removed and destroyed by
order of the City of Boynton Beach and the
owner will be liable for the costs of removal and
destruction. Dated this: (setting forth date of
posting of notice). Signed: (setting forth name,
title, address, telephone number of enforcement
17
officer).
Such notice shall be not less than eight (8) inches by
ten (t0) inches and shall be sufficiently weatherproof
to withstand normal exposure to the elements for a
period of ten (t0) days. In addition to posting the
notice, on or before the date of posting the
enforcement officer shall mail a copy of the notice to
the owner of the real property upon which the
abandoned articles are located, as shown by the real
estate tax records used by the City of Boynton Beach,
and if the abandoned property is a motor vehicle or
boat, shall make a reasonable effort to ascertain the
name and address of the owner and shall mail a copy
of a notice to such
owner. The notice shall also advise the person to
whom the notices are applicable that they have seven
(7) days from the date of posting and/or mailing of
the notice to file a written petition to the city manager
or his designee for a hearing before a three-person
board which shall be composed of the city manager,
the director of public works, and the code compliance
administrator, or their designees; which herein shall
be held within ten (t0) days of the date the petition is
received by the city manager.
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2002 S-18
18 Boynton Beach Code
such notice, the owner or any person
interested in the abandoned article or articles
describing such notice has not removed the
article or articles and complied with the
ordinance or regulations cited in the notice,
the enforcement officer may cause the article
or articles of abandoned property to be
removed or destroyed. The salvage value, if
any, of such article or articles shall be
retained by the local government to be
applied against the cost of removal and
destruction thereof, unless the cost of
removal and destruction are paid by the
owner as provided in section 10-54.
The owner of any abandoned motor vehicle or the
owner of the real property upon which the vehicles or
other abandoned property is located, who after notice
is provided in this article, does not remove the vehicle
or other property within the specified period then they
shall be liable to the City of Boynton Beach for all
costs of removal and destruction of such property, less
any salvage value received by the local government.
Upon such removal and destruction, the local
government officer shall notify the owner of the
amount owed and of the penalty provision of the
section.
(3)
Notification of removal to owner and other
interestedpart~es. The enforcement officer,
after taking possession of any motor vehicle
pursuant to this article, shall furnish notice
in accordance with this section by certified
mail (return receipt requested) to the last
known registered owner of the motor vehicle
at his last known address within fifteen (15)
days of the date of which possession of the
motor vehicle is taken, with a copy of the
notice to the owner or occupant of the
property from which the vehicle is taken.
The enforcement officer shall also contact the
Department of Motor Vehicles, State of Florida, and
such other agencies and departments of government in
this and other states as are reasonably necessary to
ascertain the names and addresses of other persons
with record interests in the motor vehicle, including
lien holders. Such other persons shall be given notice
in the same manner as stated in the previous section.
Notice under this section shall contain the
following information:
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The notice shall also advise the persons to whom
it is given that the person who is entitled to possession
of the motor vehicle may reclaim it upon payment to
the city of all charges incurred by the city and the
removal and storage of the motor vehicle, except that
if such reclamation is not made within twenty (20)
days after date of the notice, the right to reclaim the
motor vehicle as well as all right, title and interest of
said person in the vehicle, shall be deemed to be
waived and that such person shall be deemed to have
consented to the disposition of the motor vehicle by
the city.
If the city is unable to identify properly the last
registered owner of any motor vehicle or if unable to
obtain with reasonable certainty the names and
addresses of the owner or other interested parties,
including lienholders, it shall be sufficient notice
under this section to publish the notice once in one
newspaper of general circulation in the City of
Boynton Beach. Such notice by publication may
contain multiple listings of motor vehicles.
A copy of any notice required in this section, as
well as a copy of any certificate of sale issue
2002 S-18
Garbage, Trash and Offensive Conditions 19
hereunder by the city or its designee shall be
forwarded to the Division of Motor Vehicles, State of
Florida. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033,
§ 1, 8-20-02)
Sec. 10-53. Nuisance abatement bid procedure.
The services entailed in carrying out the
abatement of nuisances under this article may be
performed by the city or be performed by an
independent contractor obtained pursuant to the city's
normal practices. (Ord. No. 87-2, § 2, 2-3-87)
a notice shall also be mailed to the property owner in
substantially the following form:
NOTICE OF LIEN
Date
Sec. 10-54. Assessment of costs, interest and
attorney's fees; lien.
(a) Assessment. As soon after the abatement is
feasible, the city manager shall report to the city
commission the cost of such abatement, including the
costs of inspection and administration. Thereafter, the
city commission shall by resolution assess the cost
against any or all of the assets of the owner of the
property or against the property from which the
vehicle was removed. Such resolution shall describe
the property assessed, including costs of inspection
and administration, and indicate that the assessment
shall bear interest at the rate of eight (8) per cent per
annum plus, if collection proceedings are necessary,
that the property owner would be required to pay the
cost of such proceedings including reasonable
attorney's fees. Such resolution shall become effective
immediately upon adoption, and the assessment
contained therein shall become due and payable after
the mailing date of the notice of said assessment. In
the event that payment has not been received within
the thirty (30) days after the mailing date of the notice
of assessment, the city clerk shall record a certified
copy of the resolution in the public records of Palm
Beach County, Florida, and upon the date and time of
recording the certified copy of the resolution a lien
shall become effective on the subject property which
shall secure the cost of abatement, including costs of
inspection and administration, and collection costs
including a reasonable attorney's fee. At the time the
city clerk sends the certified copy of the resolution for
recording
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CITY OF BOYNTON
BEACH, FLORIDA
Ua) Enforcement of assessment. The city may
enfome the assessmem by either an action at law or
foreclosure of the lien, which shall be foreclosed in
the s]ane manner as mortgages are foreclosed under
Florida law. In either type of action, the city shall be
entitled to interest at the rate of eight (8) per cent
fromrthe date of assessment, collection cost and
reascmable attorney's fees. (Ord. No. 87-2, § 2, 2-3-
87)
b
2002 S-18
20 Boynton Beach Code
ARTICLE IV. RESERVED*
*Editor's note-Ord. No. 90-16, ~' 1, 2, adopted
duly 3, 1990, abolished the nuisance abatement
board and repealed Ord. No. 90-2; hence, Art. IV,
pertaining to such subject matter has been deleted.
Prior to deletion, Art. IV, ~' 10-5~10-61, derived
from Ord. No. 87-39, ~ 1, adopted Oct. 20, 1987; as
amended by Ord. No. 90-2, ~' 1 4, adopted dan. 16,
1990.
Secs. 10-55--10-61. Reserved.