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Year 2004 5 REGULARS & 1 ALTERNATE Two-year Terms for Regular Members One-year Term for Alternate 2003 CE ABA ENT BOARD tj)" x,. "". L........ 'j) t !:~'11i &iJ _,...,,_,.....1liJ ,1 .". tIl' If 1h.... ; ""';:"'". MYERS, BradY.. .."....,........4/04d..""::: tfnI.,.,:;; ...... "', .:.....~..~.... 2- ~t' 73 CEDAR CIRC. LE... . ........' 11I":1'...:.. ...................... '.' ff . 33436 " AlP I ..' .' dllbep , ~ d tI.,~. ..lldS'" : ..' ,dlt WARN ~t . ~.'.............. ....... 'I .....i............ ......l.......':.......... '.............. ...............'............ ~. .'.:'.V..........~-732-16~6 Regional Mgr. Costa Del Mar ~KESIDE ".... . .:,'!IJ' 1'- 33435 ".'.'." '.............. II. S!!.'.'. a...;: tI...'......t;."".................. ................................ .... ill.............:........ ., ,81eo c' j ,~ 6/~ YERZY, RiCh.a..rd ~ · '..,.. .~.IQAi...., ",. ~.'\ ". '641.2941 ~......2.. '.. iTl ;urANE ~lIf1!J~ ~ ~ MEMBER EXPIRES PHONE COOPER, John J. 975 NW 10th STREET (33426) 4/03 737 -5828 KELLY, Peter 2070 SW 13th TERRACE (33426) 4/03 737 -0888 AL TERNA TE: OPEN 4/05 CITY EMPLOYEE REPRESENTATIVE: TBA - Police Department 08/13/2004 11 s:\cc\wp\boards\lists\nuisance abatement bd,doc PROFESSION Purchasing Manager ~ Semi-retired ,\ ? 1 5 REGULARS & 1 ALTERNATE Two-year Terms for Regular Members One-year Term for Alternate ~ ~U@I~ ~ @@@I@ @@uuu~n~ ~ ., ~i1@1(OO 2003 NUISANCE ABA T B'OARD .;..<i);,;~,',<< MEMBER EXPIRES PHONE PROFESSION COOPER, John J. 4/03 737 -5828 Purchasing Manager 975 NW 10th STREET (33426) KELL Y, Peter 4/03 737 -0888 Retired 2070 SW 13th TERRACE (33426) MYERS, Brady 4/04 642-9377 Police Investigator 73 CEDAR CIRCLE 33436 WARNKE, Tom 4/03 R-732-1676 Regional Mgr. Costa Del Mar 625 LAKESIDE HARBOR 33435 YERZY, Richard 4/04 641-2941 Semi-retired 26 HASTINGS LANE 33426 AL TERNA TE: OPEN 4/05 CITY EMPLOYEE REPRESENTATIVE: TBA - Police Department 08/12/2004 11 s:\cc\wp\boards\lists\nuisance abatement bd.doc iC' e..;" ;~ The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.t1.us www.boynton-beach.org OFFICE OF THE MAYOR March 19, 2004 John J. Cooper 975 NW 10th Street Boynton Beach, FL 33426 Dear Mr. Cooper: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Nuisance Abatement Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, CITY OF BOYNTON BEACH Jr:1F bg XC: City Commission Board Chairperson City Representative Thank you folder File (Board) America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org OFFICE OF THE MAYOR March 19,2004 Peter Kelly 2070 SW 13th Terrace Boynton Beach, FL 33426 Dear Mr. Kelly: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Nuisance Abatement Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, CITY OF BOYNTON BEACH w bg XC: City Commission Board Chairperson City Representative Thank you folder File (Board) America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org OFFICE OF THE MAYOR March 19, 2004 Brady Myers 73 Cedar Circle Boynton Beach, FL 33436 Dear Mr. Myers: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Nuisance Abatement Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, CITY OF BOYNTON BEACH J::tYj?- bg XC: City Commission Board Chairperson City Representative Thank you folder File (Board) America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.t1.us www.boynton-beach.org OFFICE OF THE MAYOR March 19, 2004 Tom Warnke 625 Lakeside Harbor Boynton Beach, FL 33435 Dear Mr. Warnke: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Nuisance Abatement Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, CITY OF BOYNTON BEACH Jtiir- bg XC: City Commission Board Chairperson City Representative Thank you folder File (Board) America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org OFFICE OF THE MAYOR March 19,2004 Richard Yerzy 26 Hastings Lane Boynton Beach, FL 33426 Dear Mr. Yerzy: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Nuisance Abatement Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, CITY OF BOYNTON BEACH t~ bg XC: City Commission Board Chairperson City Representative Thank you folder File (Board) America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org OFFICE OF THE MAYOR March 19, 2004 Kurt Godfrey 812 Chapel Hill Boulevard Boynton Beach, FL 33435 Dear Mr. Godfrey: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Nuisance Abatement Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, CITY OF BOYNTON BEACH bg XC: City Commission Board Chairperson City Representative Thank you folder File (Board) America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 F}U{: (561)742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org March 17, 2004 John J. Cooper 975 NW 10th Street Boynton Beach, FL 33436 Re: Board Membership Dear Mr. Cooper: Enclosed is a copy of Ordinance No. 04-009. This ordinance, adopted at the regular meeting of the City Commission on March 16, 2004, provided for the consolidation of the powers of the Nuisance Abatement Board and the Code Compliance Board. Therefore, the Code Compliance Board now has all powers previously vested in the Nuisance Abatement Board. Since the Nuisance Abatement Board has been abolished, you may wish to serve on another advisory board in the City. In order to inform the City Commission of your desire, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office as soon as possible. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, CITY OF BOYNTON BEACH ~JJL;Jl. .1M' Janet M. Prainito, CMC ~ - ... Oty Clerk bg Enclosures XC: Oty Commission, Board File, Appointment File S:\CC\ WP\BOARDS\APPMENTS\Board Year 2004\Abolish-Nuisance Abatement Board.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.t1.us www.boynton-beach.org March 17, 2004 Peter Kelly 2070 SW 13th Terrace Boynton Beach, FL 33426 Re: Board Membership Dear Mr. Kelly: Enclosed is a copy of Ordinance No. 04-009. This ordinance, adopted at the regular meeting of the City Commission on March 16, 2004, provided for the consolidation of the powers of the Nuisance Abatement Board and the Code Compliance Board. Therefore, the Code Compliance Board now has all powers previously vested in the Nuisance Abatement Board. Since the Nuisance Abatement Board has been abolished, you may wish to serve on another advisory board in the City. In order to inform the City Commission of your desire, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office as soon as possible. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, CTIY OF BOYNTON BEACH ~. .j J"JI Janet M. Prainito, CMC V ~ City Clerk bg Enclosures xc: City Commission, Board Rle, Appointment Rle S:\CaWP\BOARDS\APPMENTS\Board Year 2004\Abolish-Nuisance Abatement Board.doc America's Gateway to the Gulfstream The City of BoynLon Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.t1.us www.boynton-beach.org March 17, 2004 Brady Myers 73 Cedar Circle Boynton Beach, FL 33436 Re: Board Membership Dear Mr. Myers: Enclosed is a copy of Ordinance No. 04-009. This ordinance, adopted at the regular meeting of the City Commission on March 16, 2004, provided for the consolidation of the powers of the Nuisance Abatement Board and the Code Compliance Board. Therefore, the Code Compliance Board now has all powers previously vested in the Nuisance Abatement Board. Since the Nuisance Abatement Board has been abolished, you may wish to serve on another advisory board in the City. In order to inform the City Commission of your desire, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office as soon as possible. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, CITY OF BOYNTON BEACH ~~, AYJ Janet M. Prainito, CMC P 'City Clerk bg Enclosures XC: City Commission, Board Rle, Appointment Rle s:\ca WP\BOARDS\APPMENTS\Board Year 2004\AboIish-Nuisance Abatement Board.doc America's Gateway to the Gulfstream The City of Boynlon Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAJ{: (561)742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org March 17, 2004 Tom Warnke 625 Lakeside Harbor Boynton Beach, FL 33435 Re: Board Membership Dear Mr. Warnke: Enclosed is a copy of Ordinance No. 04-009. This ordinance, adopted at the regular meeting of the City Commission on March 16, 2004, provided for the consolidation of the powers of the Nuisance Abatement Board and the Code Compliance Board. Therefore, the Code Compliance Board now has all powers previously vested in the Nuisance Abatement Board. Since the Nuisance Abatement Board has been abolished, you may wish to serve on another advisory board in the City. In order to inform the City Commission of your desire, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office as soon as possible. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742.;.6061. Sincerely, CTIY OF BOYNTON BEACH ~~. ~1.. Janet M. Prainito, CMC IJ - City Clerk bg Enclosures XC: City Commission, Board File, Appointment File S:\CC\ WP\BOARDS\APPMENTS\Board Year 2004\Abolish-Nuisance Abatement Board.doc America's Gateway to the Gulfstream The City of Boynlon Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNfON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.t1.us www.boynton-beach.org March 17, 2004 Richard Yerzy 26 Hastings Lane Boynton Beach, FL 33426 Re: Board Membership Dear Mr. Yerzy: Enclosed is a copy of Ordinance No. 04-009. This ordinance, adopted at the regular meeting of the City Commission on March 16, 2004, provided for the consolidation of the powers of the Nuisance Abatement Board and the Code Compliance Board. Therefore, the Code Compliance Board now has all powers previously vested in the Nuisance Abatement Board. Since the Nuisance Abatement Board has been abolished, you may wish to serve on another advisory board in the City. In order to inform the City Commission of your desire, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office as soon as possible. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, CITY OF BOYNTON BEACH ~~- ..u, Janet M. Prainito, CMC /-. City Clerk bg Enclosures XC: City Commission, Board File, Appointment File S:\CC\ WP\BOARDS\APPMENTS\Board Year 2004\Abolish-Nuisance Abatement Board.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.t1.us www.boynton-beach.org March 17, 2004 Kurt Godfrey 812 Chapel Hill Boulevard Boynton Beach, FL 33435 Re: Board Membership Dear Mr. Godfrey: Enclosed is a copy of Ordinance No. 04-009. This ordinance, adopted at the regular meeting of the City Commission on March 16, 2004, provided for the consolidation of the powers of the Nuisance Abatement Board and the Code Compliance Board. Therefore, the Code Compliance Board now has all powers previously vested in the Nuisance Abatement Board. Since the Nuisance Abatement Board has been abolished, you may wish to serve on another advisory board in the City. In order to inform the City Commission of your desire, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office as soon as possible. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, CITY OF BOYNTON BEACH ~.~. .1M Janet M. Prainito, CMC tr l City Clerk bg Enclosures xc: City Commission, Board Rle, Appointment Rle S:\CaWP\BOARDS\APPMENTS\Board Year 2004\Abolish-Nuisance Abatement Board,doc America> s Gateway to the Gulfstream 5 REGULARS & 1 ALTERNATE Two-year Terms for Regular Members One-year Term for Alternate ~ ~n~~ @@@]@ @@UUU~~ ~., ~i1~ I 2003 NUISANCE ABATEMENT BOARD I MEMBER EXPIRES PHONE PROFESSION COOPER, John J. 4/03 975 NW 10th STREET (33426) 737 -5828 Purchasing Manager KELL Y, Peter 4/03 2070 SW 13th TERRACE (33426) 737 -0888 Retired MYERS, Brady 4/04 73 CEDAR CIRCLE 33436 642-9377 Police Investigator WARNKE, Tom 4/03 625 LAKESIDE HARBOR 33435 R-732-1676 Regional Mgr. Costa Del Mar YERZY, Richard 26 HASTINGS LANE 33426 4/04 641-2941 Semi-retired ALTERNATE: GODFREY, Kurt 4/04 812 CHAPEL HILL BOULEVARD (33435) 752-0543 Business Owner CITY EMPLOYEE REPRESENTATIVE: TBA - Police Department bg - 03/20/2004 11 s:\cc\wp\boards\lists\nuisance abatement bd.doc ORDINANCE NO. 04-06--} AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREA TING A NEW SUBSECTION 2-92, WITHIN CHAPfER 2, "ADMINISTRATION," OF THE CODE OF ORDINANCES; PROVIDING FOR THE CONSOLIDATION OF POWERS OF THE NUISANCE ABATEMENT BOARD AND THE CODE COMPLIANCE BOARD; AMENDING CHAPfER 15, ARTICLE VIII CHANGE ALL REFRENCES TO "NUISANCE ABATEMENT BOARD" TO "CODE COMPLIANCE BOARD"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Code Compliance Board and the Nuisance Abatement Board both e empowered to conduct quasi-judicial hearings; and WHEREAS, the consolidation of the Nuisance Abatement Board with the Code ompliance Board would facilitate the exercise of powers necessary to eliminate conditions f nuisance within the City; and WHEREAS, the Nuisance Abatement Board meets so infrequently that the transition f its responsibilities to the Code Compliance Board would not constitute additional burden n the Code Compliance Board; WHEREAS, considerable administrative effort and cost is associated with aintaining and operating City boards, and the Commission finds that consolidation of oards would lessen the administrative burden expended to support board action and board eeting activity; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of oynton Beach, Florida, as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as eing true and correct and are hereby made a specific part of this Ordinance upon adoption ereof. SECTION 2. Amending Chapter 2 Administration, by creating a new subsection 2- 2, as follows: 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Board; survival of actions All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive and be deemed mereed and consolidated with the powers, duties and responsibilities of the Code Compliance Board. All previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked bv the Code Compliance Board. SECTION 3. That Chapter 15, Article VITI, "Nuisance Abatement" is hereby amended y adding the words and figures in underlined type, and by deleting the words and figures in :\CA\Ordinances\Consolidation of NAB and CEB 020604.doc truck-through type, as follows: ec. 15-112. Definition. For the purposes of this article, the following definitions shall control: Board: The nuisance abatement Code Compliance board of the City of Boynton o (b) The initial appointment to the nui:;ance abatement board shall be as follO'.,+,s: (2) Tv.'o (2) members appointed for a term of one (1) year; Sec. 15-115.5 Fines for noncompliance with orders; duration of lien. (a) The Nuisance ,^..butement Code Compliance Board, upon notification by the City hat an order of the Board has not been complied with by set time or, upon finding that a epeat violation has been committed, may order the violator to pay a fine in an amount pecified in this section for each day the violation continues past the date set by the Nuisance Code Compliance Board for compliance or in the case of a repeat violation, for ach date a repeat violation continues beginning with the date the repeat violation is found to ave occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 er day for the violation and shall not exceed $500.00 per day for a repeat violation. The otal fines imposed pursuant to this section shall not exceed $5,000.00. (c) After three (3) months from the filing of any lien that remains unpaid, the Code Compliance Board may authorize the City Attorney to foreclose :\CA \Ordinances\Consolidation of NAB and CEB 020604.doc Each and every other provIsIOn of the Code of Ordinances not herein pecifically amended, shall remain in full force and effect as originally adopted. All laws and ordinances applying to the City of Boynton Beach in conflict ith any provisions of this ordinance are hereby repealed. Should any section or provision of this Ordinance or any portion thereof be eclared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. FIRST READING this J.:L day of Febr-Lla"12004. SECOND, FINAL READING AND PASSAGE this ~ day of ,2004. CITY OF BOYNTON BEACH, FLORIDA 'I'~ sSIOner ~d~ S:\CA\Ordinances\Consolidation of NAB and CEB 020604.doc 5 REGULARS & 1 ALTERNATE Two-year Terms for Regular Members One-year Term for Alternate I 2003 NUISANCE ABATEMENT BOARD I MEMBER EXPIRES PHONE PROFESSION COOPER, John J. 4/03 737 -5828 Purchasing Manager 975 NW 10th STREET (33426) KELLY, Peter 4/03 737 -0888 Retired 2070 SW 13th TERRACE (33426) MYERS, Brady 4/04 642-9377 Police Investigator 73 CEDAR CIRCLE 33436 WARNKE, Tom 4/03 R-732-1676 Regional Mgr. Costa Del Mar 625 LAKESIDE HARBOR 33435 YERZY, Richard 4/04 641-2941 Semi-retired 26 HASTINGS LANE 33426 ALTERNATE: GODFREY, Kurt 4/04 752-0543 Business Owner 812 CHAPEL HILL BOULEVARD (33435) CITY EMPLOYEE REPRESENTATIVE: TBA . Police Department bg - 01/09/2004 11 s:\cc\wp\boards\lists\nuisance abatement bd.doc Page 10[6 Bovnton Beach, FL Code of Ordinances PART II CODE OF ORDINANCES Chapter 15 OFFENSES-MISCELLANEOUS* ARTICLE VIII. NUISANCE ABA TEMENT* ARTICLE VIII. NUISANCE ABA TEMENT* *Editor's note-Ord. No. 92-48, 99 1-7, adopted Oct. 8, 1992, enacted provisions pertaining to nuisance abatement. Inasmuch as such ordinance did not specify manner of codification, inclusion herein as Art. VIII, 99 15-111-15-117, has been at the discretion of the editor. Cross references-Qualifications for appointment to boards, etc., generally, 92-16; community relations board, 9 2-101; children and youth advisory board, 92-116; education advisory board, 9 2-126 et seq. Sec. 15-111. Title. This article shall be known as the "Boynton Beach City Nuisance Abatement Ordinance." (Ord. No. 92-48, S I, 10-8-92) Sec. 15-112. Definition. For the purposes of this article, the following definitions shall control: (a) Public nuisance: Any place or premises within Palm Beach County which has been used on more than two occasions, within a six (6) month period: (l) As the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance; (2) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) As the site of a violation of Florida Statute 796.07; or (4) Any place or building used by a youth and street gang for the purpose of conducting a pattern of youth and street gang activity as defined in Florida Statute Chapter 874. (b) Controlled substance: Any substance named or described in Schedules I through 5 of Florida Statute 893.03. Including any sub-stance sold in lieu of a controlled substance in violation of Florida Statute 817.563, or any imitation controlled substance defined in Florida Statute 817.564. (c) Board: The nuisance abatement board of the City of Boynton Beach. (d) City attorney: The legal counsel for the City of Boynton Beach, or his or her assistant city http://www.amlegal.comlnxt/gateway .dll/Florida/Boynton%20Beach/mainOOO 19/chapterOO... 7/1/2003 Page 3 of6 activity is occurring and on the holder of the occupational license of any business located on the property . (b) When a request for prosecution has been received, the city attorney shall determine whether the request contains sufficient allegations to establish that a public nuisance as defined in this article exists on the premises. Upon such determination, the city attorney shall notify the police chief and the owner of the property, and in the case of a business the holder of the occupational license, that a request for prosecution has been received by the city and that the city attorney has determined that the petition is sufficient. The police department shall monitor the property for thirty (30) days prior to the city attorney requesting a hearing before the nuisance abatement board. If the police chief certifies that the public nuisance alleged in the affidavit has ceased during the thirty-day monitoring period, the city attorney may decline prosecution of the complaint. In the event of such declination, the city attorney shall notify the complainant. If the city attorney determines that the request is insufficient, the city attorney shall notify the complainant. (c) The board, through its clerk, shall schedule a hearing; a written notice of the hearing shall be sent to the owner of the real property on which the alleged nuisance is occurring and the holder of the occupational license for any business located on the property. Additionally, a copy of the notice of hearing shall be hand-delivered to any occupant of the premises, provided the occupant is above the age of fifteen (15) years. The clerk shall give at least five (5) days prior notice of any scheduled hearing. (d) The aforesaid notice of hearing shall include: (l) A notice of the time and place of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and ordinances involved; (4) A short and plain statement summarizing the incidents complained of; and (5) A notice that any person requiring a verbatim transcript of the hearing must arrange for their own court reporter. (Ord. No. 92-48, ~ 4, 10-8-92) Sec. 15-115. Conduct of hearing. (a) The city attorney shall present cases before the board. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination and submit rebuttal evidence and to be represented, the opportunity to present testimony, provided said testimony is made under oath. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Former rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence, and the finding that a nuisance exists must be based on a "preponderance of the evidence" standard. (b) After considering all evidence, the board may declare the place or premises to be a public http://www.amlegal.com/nxt/gateway .dll/FloridaIBoynton%20Beach/mainOOO 19/chapterOO... 7/1/2003 Page 5 of6 this section shall not eKceed $5,000.00. (b) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the property upon which the violation exists. A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of a lien entered pursuant to this section. The City shall be entitled to collect all costs incurred in the recording of and filing of a satisfaction of a valid lien. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed a court judgment except for enforcement purposes. (c) After three (3) months from the filing of any lien that remains unpaid, the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is "homestead" under Article X, Section 4 of the State of Florida Constitution. (d) No lien provided by this chapter or under the authority of Sections 162.01 et seq., Florida Statutes, shall continue for a period of 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 line, the prevailing party is entitled to recover all costs, including reasonable attorneys' fees that it incurs in the foreclosure proceeding. 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 filed. (e) Nothing contained herein shall prohibit the City from enforcing its codes or ordinances by any other means. (Ord. 98-05, ~ 2, 2-2-98) Sec. 15-116. Judicial review. Any person aggrieved by any ruling or order of the board may seek review by petition for Writ of Certiorari in the Circuit Court of Palm Beach County. A petition for Writ of Certiorari shall be filed within thirty (30) days from the date of the written order appealed from and shall proceed in accordance with the Florida Rules of Appellate Procedure. (Ord. No. 92-48, ~ 6, 10-8-92; Ord. No. 96-02, ~ 3,2- 20-96) Sec. 15-117. Rights preserved. This article does not restrict the right of any person to proceed under either Section 60.05 or Section 823.05 Florida Statutes, against any public nuisance. (Ord. No. 92-48, ~ 7, 10-8-92) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally. the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site. please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. @ 2002 American Legal Publishing Corporation http://www.amlegal.comlnxt/gateway .dll/FloridaIBoynton%20Beach/mainOOO 19/chapterOO... 7/1/2003