O97-48ORDINANCE NO. O97- 4~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
PART II, CHAPTER 2, ARTICLE V OF THE BOYNTON
BEACH CODE OF ORDINANCES, BY DELETING
SECTION 2-91 IN ITS ENTIRETY, RESERVING SAID
SECTION; CREATING SECTION 2-91, PROVIDING FOR A
NEW SCHEDULE OF PENALTIES FOR VIOLATIONS OF
THE CITY OF BOYNTON BEACH CODE OF
ORDINANCES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach Code Compliance Department is in the process
of implementing a program for supplemental code enforcement pursuant to Chapter 162, Florida
Statutes, by utilizing a citation system to enforce certain violations of the City's Code of
Ordinances; and
WHEREAS, the Florida Legislature, pursuant to Section 162.21, Florida Statutes (1995),
has enabled counties and municipalities to issue citations to persons reasonably believed to have
committed civil infractions in violations of duly enacted ordinances; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined
that it is in the best interests of the citizens and residents of the City to delete the previous
schedule of violations and penalties, and to create a new the schedule of penalties in uniformity
wi{h the Palm Beach County Court Uniform Fine Schedule for local ordinance violations; and
WHEREAS, the schedule of penalties shall be followed by the Palm Beach County Court
System in its review and adjudication of code enforcement matters; and
WHEREAS, creating a new fine schedule to conform to the Palm Beach County Court
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Uniform Fine Schedule for local ordinance violations will assist in assuring enforcement of the
City's codes and ordinances by the County Court System; and
WHEREAS, the City Commission of the City of Boynton Beach finds and determines
that creating a new schedule of penalties is necessary to promote, protect and to improve the
health, safety and welfare of the citizens and residents of the City of Boynton Beach, and to assist
in the county in the processing of citations for violations of the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Part II, Chapter 2, Article V, Section 2-91 of the Code of Ordinances of
the City of Boynton Beach, Florida is hereby deleted in its entirety and reserved for future use.
Section 2. Part II, Chapter 2, Article V, Section 2-91 of the Code of Ordinances of
the City of Boynton Beach, Florida is hereby created as follows:
Section 2-91. Violations and penalties.
A. The following table of violations and penalties shall be assessed by code enforcement
officers and shall be followed by the county court system as a special master, pursuant to Section
2-82 of this Code, in its review and adjudication of matters in accordance with this Article. The
schedule of penalties set forth below is not intended to be all inclusive. The penalty for violation
of other codes or ordinances of the city heretofore or hereafter created and not enumerated herein
shall be enforced in the manner provided for therein.
SCHEDULE OF CIVIL PENALTIES
UNIFORM FINE SCHEDULE Fine
Class I $ 50.00
Class II $ 75.00
Class III $125.00
Class IV $250.00
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Sec. 2-91. Violations and penalties
Hedges exceeding maximum height
Parking or storing motor vehicle(s) greater than one (1) ton chassis configuration for I II
longer than 15 minutes in a residential area:
Animals and Fowl: Barking dogs creating a nuisance III IV
Animals and Fowl: Livestock, poultry, exotic or wild animals running at large under 4-19 III IV
Animals and Fowl: Maintaining a place for fighting under Sec. 4-8 Ill IV
Animals and Fowl: Poisoning animals under 4-3 III IV
Animals and Fowl: Vicious animals in the city under 4-15 III IV
Animals and Fowl: Violations of Sec. 4-4 as to the keeping and treatment of animals III IV
Exterior storage or display in commercial and/or industrial zoning districts, not permitted III IV
per city code
Landscaping not maintained as required per code III IV
Major repairs of boats and motor vehicles in a residential area III IV
Mobile Homes: Occupancy or storage of a mobile home or motor home, other than in a
III IV
mobile home park
III IV
Noise: Violation of the City of Boynton Beach Noise Control Ordinance, section 15-8
through 15-8.8
Occupational Licenses: Conducting a business, profession or occupation without an
occupational license
III
IV
Parking or storing junk vehicles III IV
Performance Standards: Nuisance or hazard due to noise, vibration, smoke, dust, odors, IH IV
etc.
Residential Zoning: Using a single-family residence as a rooming house or multi-family III IV
dwelling
Signs: Violation of Part III, L.D.R., Ch. 21, Boynton Beach Sign Ord. III IV
Site Plan not maintained as originally approved III IV
Storage: Open air storage of illegal items in a residential area, including trash and debris,
construction materials not being actively used for construction, abandoned or derelict
HI IV
objects or equipment, including but not limited to automobiles, trucks, buses,
motorcycles, bicycles, furniture, major and minor apphances, trailers~ cans or containers
Trash: Storage of junk, trash debris, or litter III IV
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Discharging deleterious wastes to a drainage system IV IV
Excavation and/or fill operation without valid permit or approval IV IV
Hazardous/unsanitary/unsafe conditions of buildings or structures; as well as electrical, IV IV
gas, mechanical and plumbing systems
Maintaining unsanitary conditions IV IV
Open, unsafe, and abandoned buildings IV IV
Operating an illegal designated use IV IV
Swimming pool not completely enclosed by fence or screen IV IV
Temporary Sales without City approval IV IV
Vendors: Unlicensed roadside vending
IV
IV
B. The provisions contained herein are supplemental. Nothing contained in this
section shall prohibit the City from enforcing its codes and ordinances by any other means.
C. Unless otherwise specificallY stated in this Code, violations of the City of Boynton
Beach Code of Ordinances shall be subject to a Class II fine, plus any costs assessed by Palm
Beach County for processing citations.
D. The County shall accept this fee schedule for uncontested violations, which may be
paid by mail and may charge the violator a reasonable fee for costs incurred in processing each
citation.
Section 3. Each and every other provision of Chapter 2 not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
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FIRST READING this /~ day of ~~.~/~e~"~ , 1997.
SECOND, FINAL READING AND PASSAGE this ~' day of ~;797~', 1997.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
' CitfClerk
Commissioner
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