O00-10 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
3
25
26
27
28
29
3O
31
32
33
3¸4
C(
ORDINANCE O 00,/~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2,
ENTITLED "ADMINISTRATION," ARTICLE V ENTITLED "CODE
COMPLIANCE BOARD," OF THE CODE OF ORDINANCES OF
THE CITY OF BOYNTON BEACH BY AMENDING SECTION 2-73
ENTITLED DEFINITIONS TO REVISE THE DEFINITION OF
"REPEAT VIOLATION"; AMENDING SECTION 2-76 ENTITLED
"ENFORCEMENT PROCEDURE" TO~ REQUIRE PROPERTY
OWNERS TO PROVIDE NOTICE OF PENDING CODE
ENFORCEMENT PROCEEDINGS TO PROSPECTIVE
TRANSFEREES; AMENDING SECTION 2-79 ENTITLED
"ADMINISTRATIVE FINE; LIENS" TO PROVIDE THAT THE
MAKING OF REPAIRS BY THE CITY DOES NOT CREATE AN
ON-GOING OBLIGATION NOR DOES IT CREATE LIABILITY
AGAINST THE CITY WHEN THE REPAIRS ARE COMPLETED IN
GOOD FAITH; BY AMENDING SECTION 2-81 ENTITLED
"SERVICE OF NOTICES" TO CLARIFY THE REQUIREMENTS
FOR SERVICE OF NOTICE IN CODE COMPLIANCE MATTERS;
AMENDING SECTION 2-83, ENTITLED "ENFORCEMENT OF THE
CODE AND ORDINANCES; PENALTIES" REGARDING
CITATIONS FOR ITINERANT OR TRANSIENT VIOLATIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 2, Article V of the City's Code of Ordinances govern
the enforcement of the City's Code of Ordinances, including the authority and
procedures of the City's Code Compliance Board; and
WHEREAS, Chapter 162, Florida Statutes, which provides authority for
municipalities to establish Code Compliance Boards and to otherwise enforce its
Code of Ordinances, was amended by the Florida Legislature effective October 1,
1999; and,
WHEREAS, it is in the best interest of the City to amend its Code of
Ordinances to include and address the recent revisions to Chapter 162, Florida
DE: Words in "*-;'-'-' *~' .... '-,~,
............. u,, type are deletions from existing law; Words
in'underlined ,type are additions
Page 1 of 8
10
11
12
13
5
.~6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
, 32
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct, and are hereby incorporated herein and
made a part hereof.
Section 2. Chapter 2 entitled, "Administration", Article V entitled "Code
Compliance Board", Section 2-73, entitled "Definitions" of the Code of Ordinances of
the City of Boynton Beach is amended to read as follows:
Sec. 2-73. Definitions.
As used in this article:
Board attorney means the city attorney or designated board attorney of the
city.
COde inspector means those authorized agents or employees of the city
whose duty it is to insure code compliance.
Enforcement board means a code compliance board.
Repeat violation means a violation of a provision of a code or ordinance by a
person ,,,~"-'-" *~"- '--"" ..... '~ .... ~,,---.- ly gh
..................... ~. ........... d who has previous been found throu a
code enforcement board or any other quasi-judicial or judicial process to have
violated or who has admitted violating the same provision within five (5) years prior
to the violation, notwithstanding the violations occur at different locations.
Section 3. Chapter 2 entitled, "Administration", Article V entitled "Code
Compliance Board", Section 2-76, entitled "Enforcement procedure" of the Code of
Ordinances of the City of Boynton Beach is amended to read as follows:
Sec. 2-76. Enforcement procedure.
CODE:
Words in crt!kc through type are deletions from existing law;
Words in underlined .type are additions
Page 2 of 8
1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~5
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
(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.
(b) If a violation of the codes is found, the code inspector shall notify the
violator, unless Subsection (c) of this section applies, and give said violator a
reasonable time to correct the violation. Should the violation continue beyond the
time specified for correction, the code inspector shall notify an enforcement board
and request a hearing. The code compliance board, through its clerical staff, shall
schedule a headng, and written notice of such hearing shall be hand delivered or
mailed as provided in section 2-81 to the said violator. At the option of the code
compliance board, notice may additionally be served by publication or posting as
provided in section 2-81. If the violation is corrected and then recurs or if the
violation is not corrected by the time specified for correction by the code inspector,
the case may be presented to the enforcement board even if the violation has been
corrected pdor to the board hearing and the notice shall so state.
(c) If the code inspector has reason to believe a violation or the condition
causing the violation presents a sedous threat to the public health, safety and
welfare, or if the violation is irreparable or irreversible in nature, the code inspector
shall make a reasonable effort to notify the violator and may immediately notify the
enforcement board and request a hearing.
(d) If a repeat violation is found, the code inspector shall notify the
violator, but it is not required that he 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 headng. The code
compliance board, through its cledcal staff, shall schedule a hearing and shall
provide notice pursuant to section 2-81. The case may be presented to the code
compliance board even if the repeat violation has been corrected pdor to the board
headng, and the notice shall so state.
(e) If the owner of property which is subject to an enforcement proceeding
before an enforcement board, special master, or court transfers ownership of such
property between the time and initial pleading was served and the time of the
hearing, such owner shall:
1. Disclose, in writing, the existence and the nature of the
proceeding to the prospective transferee.
2. Deliver to the prospective transferee a copy of the pleadings,
notices, and other materials relating to the code enforcement proceeding received
by the transferor.
CODE:
Words in "*';"" *~' .... nh
............. u,, type are deletions from existing law;
Words in underlined .type are additions
Page 3 of 8
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
1
~2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
3. Disclose, in writing, to the prospective transferee that a new
owner will be responsible for compliance with the applicable code and with orders
issued in the code enforcement proceeding.
4. File a notice with the code enforcement official of the transfer of
.t.h...e....@.roperty, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs 1, 2, and 3 before the
transfer creates a rebuttable presumption of fraud. If the property is transferred
before the hearing, the proceeding shall not be dismissed, but the new owner shall
be provided a reasonable period of time to correct the violation before the hearing is
held.
Section 4. Chapter 2 entitled, "Administration", Article V entitled "Code
Compliance Board", Section 2-79, entitled "Administrative fine; liens" of the Code of
Ordinances of the City of Boynton Beach is amended to read as follows:
Sec. 2-79. Administrative fine; liens.
(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 ~-'""' ~''''''~-'-'~ ~;'~,, ~,-"-,-o ~:o~ r,m
................. ~ ....... ~,, ...... j one thousand dollars
($1000.00) per day for a first violation and not to exceed five hundrcd dcllcrs
f¢~nn,,,,,,,,,,,,,,jr~m five thousand dollars ($5000) per day for a repeat violation and up to
fifteen thousand dollars ($15000) per violation if the code enforcement board finds
the violation to be irreparable or irreversible in nature for each day the violation
continues past the date set by the enforcement board for compliance or, in the case
of a repeat violation for each day the repeat violation continues beginning with the
date the repeat violation is found to have occurred by the code inspector. In
addition, if the violation is a violation described in section 2-76(c), the enforcement
board shall notify the city commission, which may make all reasonable repairs which
are required to bring the property into compliance and charge the violator with the
reasonable cost of the repairs along with the fine imposed pursuant to this section.
Making such repairs doeS not create a continuing obligation on the part of the City
to make further repairs or to maintain the property and does not create any liability
~gainst the local governing body for any damages to the property if such repairs
were completed in good faith.
(b) In determining the amount of the fine, if any, the enforcement board
shall consider the following factors:
CODE:
Words in "+";~" *" ..... ~'
............. u,, type are deletions from existing law;
Words in underlined type are additions
Page 4 of 8
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
~4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous Violations committed by the violator.
(c) A certified copy of an order imposing a fine, or a fine plus repair costs,
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 real or personal property
Owned by the violator. Upon petition to the circuit court, such order racy bc
cnfcrccd shall be enforceable in the same manner as a court judgment by the
sheriffs of this state, including execution and levy against the personal property of
the violator, but such order shall not be deemed to be a court judgment 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 (3) 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 5. Chapter 2 entitled, "Administration", Article V entitled "Code
Compliance Board", Section 2-81, entitled "Service of notices" of the Code of
Ordinances of the City of Boynton Beach is amended to read as follows:
Sec. 2-81. Service of notices.
(a) All notices required by this act shall by provided to the alleged violator
h~,- ,-~,+'~-,,~ ~,-," -,-+ ........ ~-,* ....... *--,. --- ~,,, ~,-,,,,. ,.... ..... ~,,, .,,. ,.~,,..~ .... :,.~,..
!~,,, ,~n4:nr,--,~,-,~,'.,n.I. ,~-R:;,-,'~,- ;..',,',,-,,'~,'-'l. nr n,- ,'~'hnr n~rr,~r, ,4,'~,~,;,.,..*,--,~.,-.,4 I~, ~1~,~ I,-~,-,.~1
..~1...). Certified mail, return receipt requested, provided if such notice
is sent under this paragraph to the owner of the property in question at the address
listed in the tax collector's office for tax notices, and at any other address provided
to the City by such owner and is returned as unclaimed or refused, notice may be
p'rovided by posting as described in subparagraphs (b)l and 2, and by first Class
mail directed to the addresses furnished to the City with a properly executed proof of
,..mailing or affidavit confirming the first class mailing;
CODE:
Words in "*-"'" *~' ..... ~-
............. u,, type are deletions from existing law;
Words in underlined type are additions
Page 5 of 8
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
4
~5
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
2) Hand delivery by the sheriff or other law enforcement officer,
code inspector, or other person designated by the City;
3) Leaving the notice at the violator's usual place of residence
with any person residing therein who is above 15 years of age and informing .such
.person of the contents of the notice; or
4) In the case of commercial premises, leaving the notice with the
,,,,m,a,nager or other person in charge.
(b) In addition to providing notice as set forth in subsection (a), at the
option of the code compliance board, notice may also be served by publication or
posting, as follows:
(1) a. Such notice shall be published once during each week
for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper
of general circulation in the county where the code compliance board is located.
The newspaper shall meet such requirements as are prescribed under Chapter 50,
Florida Statutes, for legal and official advertisements.
b. Proof of publication shall be made as provided in
Sections 50.041 and 50.051, Florida StatuteS.
(2) In lieu of publication as described in paragraph (b)(1) Ssuch
notice sha~l may be posted for at least ten (10) days prior to the hearing, or pri~r to
the expiration of any deadline contained in the notice in at least two (2) locations;
one of which shall be the property upon which the violation is alleged to exist and
the other of which shall be at the City Hall of Boynton Beach.
b. Proof of posting shall be by affidavit of the person
posting the notice, which affidavit shall include a copy of the notice posted and the
date and places of its posting.
(3) Notice by publication or posting may run concurrently with, or
may follow, an attempt or attempts to provide notice by hand delivery or by mail as
required under subsection (a).
Evidence that an attempt has been made to hand deliver or mail notice as provided
in subsection (a), together with proof of publication or posting as provided in
subsection (b), shall be sufficient to show that the notice requirements of this
chapter have been met, without regard to whether or not the alleged violator actually
received such notice.
CODE:
Words in ,strlkc through type are deletions from existing law;
Words in underlined type are additions
Page 6 of 8
4
5
6
7
8
9
10
11
12
13
14
15
16
8
~9
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 6. Chapter 2 entitled, "Administration", Article V entitled "Code
Compliance Board", Section 2-83(c)(2), entitled "Enforcement of the codes and
ordinances; penalties", of the Code of Ordinances of the City of Boynton Beach is
amended to read as follows:
Sec.2-83. Enforcement of the codes and ordinances; penalties.
(c) (1) A code enforcement officer is authorized to issue a citation to a person
when based upon personal investigation, the officer has reasonable cause to
believe that the person has committed a civic infraction in violation of a duly enacted
code or ordinance and the county court will hear the charge.
(2) 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 pedod within which the person
must correct the violation. Such time period shall be no more than within thirty (30)
days. If, upon personal investigation, a code enforcement officer finds that the
person has not corrected the violation within the time pedod, a code enforcement
officer may issue a citation to the person who has committed the violation. A code
enforcement officer does not have to provide the person with a reasonable time
pedod to correct the violation prior t° issuing a citation and may immediately issue a
citation if a repeat violation is found or if the code enforcement officer has reason to
believe that the violation presents a serious threat to the public health, safety, or
welfare, or if the violation is irreparable or irreversible, or if the violator is engaged in
violations of an itinerant or transient nature, as defined by local code or ordinance
within the jurisdiction.
Section 7. Conflicting Ordinances
All prior ordinances or resolutions or parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 8. Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no
CODE: Words in "+-;~-'- *~' ..... ~,
............. ~,, type are deletions from existing law;
Words in underlined type are additions
Page 7 of 8
10
11
, 3
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34,
way affect the validity of the remaining portions of this Ordinance.
Section 9. Inclusion in Code.
It is the intention of the City Commission of the City of Boynton Beach, Florida, that
the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "section,"
"article," or such other appropriate word or phrase in order to accomplish such
intentions.
Section 10. Effective Date.
This Ordinance shall become effective upon adoption by the City Commission.
2000.
FIRST READING this ,~'/ day of /Z~'~_../ , 2000.
SECOND, FINAL READING AND PASSAGE this ~'/ day of xC~,~,~'/& ,
ATTEST:
Vice Mayor
Mayor Pro Tem
MDC:aw\XJGCDE_FSXL1BRARY~1990X900182.BB\ORD\Code Compliance Board.2.doc
CODE:
Words in...,"*-~",,... *~',, ,, ..... ...,u,~', type are deletions from existing law;
Words in underlined .type are additions
Page 8 of 8