13-030 1 ORDINANCE NO. 13 -030
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2,
4 ARTICLE V OF THE CODE OF ORDINANCES ENTITLED "CODE
5 COMPLIANCE BOARD" TO PROVIDE FOR THE USE OF SPECIAL
6 MAGISTRATES FOR CODE COMPLIANCE AND ENFORCEMENT
7 MATTERS; TO CHANGE REFERENCES TO "SPECIAL MASTER" TO
8 "SPECIAL MAGISTRATE" SUCH THAT THE CITY'S CODE IS
9 1 CONSISTENT WITH FLORIDA STATUTES; AND TO CLARIFY THE
10 AMOUNT OF TIME THE CITY COMMISSION HAS TO OBJECT TO
11 I LIEN MODIFICATION ORDERS; PROVIDING FOR CODIFICATION;
12 SEVERABILITY; AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City of Boynton Beach ( "City ") has home rule authority pursuant to
15 I Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
16 for enforcement of violations of the City's Code of Ordinances and other violations of law
17 through the use of Special Magistrates; and,
18 WHEREAS, Part 1I, Article V, Section 2 -82 of the City's Code of Ordinances permits
19 Special Magistrates, designated by the Commission, to hold hearings and assess fines against
20 violators of the City's Code; and,
21 WHEREAS, the City's Code does not contain specifications for the retention of such
22 Special Magistrates; and,
23 9 WHEREAS, an amendment to Chapter 162, Florida statutes changed the title "Special
24 Master" to "Special Magistrate "; and,
25 WHEREAS, the City wishes to modify its Code to be consistent with the terminology
26 utilized within the Florida Statutes; and,
27 E WHEREAS, the City Commission of the City of Boynton Beach finds it is in the best
28 interest of the City to adopt an ordinance to establish the specifications for retention of Special
29 Magistrates and to modify the nomenclature in the City's Code such that is consistent with
30 Florida law.
II
1 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA:
3 1 , Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
4 being true and correct and are hereby made a specific part of this Ordinance upon adoption
5 hereof, as if fully set forth herein.
6 Section 2. Part II, Chapter 2, Article V of the Code of Ordinances of the City of
7 Boynton Beach shall be amended as follows:
8 ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE
9 Sec. 2-72. Intent.
10 Declaration of legislative intent. It is the intent of this article to promote, protect and
11 improve the health, safety and welfare of the citizens and residents of the City by
12 authorizing the creation and use of an administrative Board or Special Magistrate with
13 authority to impose penalties to provide an equitable, expeditious, effective and
14 inexpensive method of enforcing any Codes and ordinances in force in the City where a
15 pending or repeated violation continues to exist. Rules and regulations, consistent with
16 the provisions of Florida law, necessary to carry out the provisions of this Article may be
17 adopted by resolution of the City Commission.
18
19
20 Sec. 2-73. Definitions.
21 As used in this article:
22 .
23 Special Magistrate shall mean the City's Special Magistrates appointed by the City
24 Commission to conduct hearings pursuant to Section 2 -82 of this Article and Chapter
25 162, Florida Statutes. Except for Board voting requirements, any reference in the City's
26 ( Code to "Code Enforcement Board" shall include Special Magistrate(s).
27
28 Sec. 2 -74. Creation, appointment. organization of Board. Establishment of Magistrate.
29 " I
30 ...
31
32 The City Commission may appoint one (1) or more Special Magistrates with the
33 following conditions:
34
35 (e) The Special Magistrate shall be appointed by the City Commission and
36 shall serve with compensation as established by the City Commission by
37 resolution. A Special Magistrate shall not be a City employee.
38
1 (f) The Special Magistrate must be both an attorney and a member in good
2 standing with the Florida Bar for a minimum of five (5) years.
3
4 f (g) The Special Magistrate shall have some experience in zoning and land use
5 law, building control, Code enforcement, and /or administrative law.
6
7 { (h) The Special Magistrate will be bound by the Code of ethics of the Florida
8 Bar as currently proscribed or as amended from time to time.
9
10 ► (i) A Special Magistrate shall not be authorized to hire or use the services of
11 any person except those provided by the City to assist him or her in the
12 performance of his or her duties.
13
14 Sec. 2 -75. Provisions wider Jurisdiction of Boards and Magistrates.
15 (a) The Code Enforcement Boards shall compliance enforce and have jurisdiction
16 of the following Codes:
17 Part II, Code of Ordinances fire Codes, Chapter 9, licenses, Chapter 13 as
18 well as Part III, Land Development Regulations planning and development
19 generally, Chapter 1.5; zoning Chapter 2; planned unit developments,
20 Chapter 2.5; community design plan, Chapter 9; building, housing and
21 construction, Chapter 20; signs, Chapter 21; parking lots, Chapter 23; and
22 related technical Codes in force in the City.
23 (b) The Special Magistrates shall enforce and have jurisdiction over any and all
24 Codes within the City's Code of Ordinances, as provided by Florida law.
25
26 Sec. 2 -76. Enforcement procedure.
27 (a) It shall be the duty of the Code inspector to initiate enforcement proceedings of the
28 various Codes; however, no member of the Board and no Magistrate shall have the power
29 to initiate enforcement proceedings.
30 (b) If a violation of the Codes is found, the Code inspector shall notify the violator,
31 unless subsection (c) of this section applies, and give said violator a reasonable time to
32 i correct the violation. Should the violation continue beyond the time specified for
33 correction, the Code inspector shall notify an enforcement Board or Special Magistrate
34 and request a hearing. The Code compliance Board or Special Magistrate, through its
35 clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand
36 delivered or mailed as provided in section 2 -81 to the said violator. At the option of the
37 Code compliance Board or Special Magistrate, notice may additionally be served by
38 publication or posting as provided in section 2 -81. If the violation is corrected and then
39 recurs or if the violation is not corrected by the time specified for correction by the Code
40 inspector, the case may be presented to the enforcement Board or Special Magistrate even
41 if the violation has been corrected prior to the Board hearing and the notice shall so state.
42 (c) If the Code inspector has reason to believe a violation or the condition causing the
43 violation presents a serious threat to the public health, safety and welfare, or if the
44 violation is irreparable or irreversible in nature, the Code inspector shall make a
45 reasonable effort to notify the violator and may immediately notify the enforcement
46 Board or Special Magistrate and request a hearing.
II
i
1 (d) If a repeat violation is found, the Code inspector shall notify the violator, but it is
2 ; ! not required that he give the violator a reasonable time to correct the violation. The Code
3 j ' inspector, after notifying the violator of a repeat violation, shall notify the Code
4 1 Enforcement Board or Special Magistrate and request a hearing. The Code compliance
5 Board or Special Magistrate, through its clerical staff, shall schedule a hearing and shall
6 ' provide notice pursuant to section 2 -81. The case may be presented to the Code
7 , compliance Board or Special Magistrate even if the repeat violation has been corrected
8 1 prior to the Board hearing, and the notice shall so state.
9 (e) If the owner of property which is subject to an enforcement proceeding before an
10 enforcement Board, special master Magistrate, or court transfers ownership of such
11 property between the time and initial pleading was served and the time of the hearing,
12 such owner shall:
13
14 ...
15
16 Sec. 2 -77. Conduct of hearing.
17 (a) Upon the request of the Code inspector or other designated City employee, or at
I8 such other times as may be necessary. a hearing may be convened by one of the
19 following methods:
20 a. The chairman of an enforcement Board may call a hearing of an
21 enforcement Board; a hearing may also be called by written notice signed by
22 at least three (3) members of an enforcement Board. Minutes shall be kept
23 of all hearings by each enforcement Board and all hearings shall be open to
24 the public. The City clerk shall provide clerical and administrative personnel
25 as may be reasonably required by each enforcement Board for the proper
26 performance of its duties.
27 b. The Special Magistrate(s) may call a hearing. Minutes shall be kept of all
28 hearings by each Magistrate and all hearings shall be open to the public. The
29 City clerk shall provide clerical and administrative personnel as may be
30 reasonably required by each Magistrate for the proper performance of the
31 Magistrate's duties.
32
33 (b) Each case before an enforcement Board or Special Magistrate shall be presented
34 by a member of the building department or Code compliance administrative staff. If the
35 f local governing body prevails in prosecuting a case before the enforcement Board or
36 Special Magistrate, it shall be entitled to recover all costs incurred prosecuting the case
37 before the Board or Special Magistrate.
38 (c) An enforcement Board or Special Magistrate shall proceed to hear the cases on the
39 agenda for that day. All testimony shall be under oath and shall be recorded. The
40 enforcement Board or Special Magistrate shall take testimony from the Code inspector
41 and alleged violator. Formal rules of evidence shall not apply; however, fundamental due
42 process shall be observed and govern said proceedings.
43
44 ...
45
1 (e) At the conclusion of the hearing the enforcement Board or Special Magistrate shall
2 I issue findings of fact, based on evidence of record, and conclusions of law and shall issue
3 ! an order affording the proper relief consistent with powers granted herein. If the matter is
4 I heard by an enforcement Board, the findings shall be by motion approved by a majority
5 { I of those present and voting, except that at least four (4) members of the enforcement
6 I I Board must vote for the action to be official. For all hearings, the order may include a
7 I notice that it must be complied with by a specific date, and that a fine may be imposed
8 and, under the conditions specified in section 2 -79, the cost of repairs may be included
9 1 along with the fine, if the order is not complied with by said date; a certified copy of the
10 ! order may be recorded in the public records of the county and shall constitute notice to
11 any subsequent purchasers. successors in interest, or assigns if the violation concerns real
12 property. and the findings therein shall be binding upon the violator, if the violation
13 concerns real property, any subsequent purchasers, successors in interest or assigns. If an
14 order is recorded in the public records pursuant to this subsection and the order is
l5 complied with by the date specified in the order, the enforcement Board or Special
16 Magistrate shall issue an order acknowledging compliance that shall be recorded in the
17 public records. A hearing is not required to issue such an order acknowledging
18 compliance.
19
20 Sec. 2 -78. Powers of Boards and Special Magistrates.
21 Each enforcement Board or Special Magistrate shall have the power to:
22 ...
23
24 Sec. 2 -79. Administrative fine; liens.
25 (a) The enforcement Board or Special Magistrate, upon notification by the Code
26 inspector, that an order of the enforcement Board or Special Magistrate has not been
27 complied with by the said specified time, or, upon finding that a repeat violation has been
28 committed, may order the violator to pay a fine not to exceed one thousand dollars
29 ($1000.00) per day for a first violation and not to exceed five thousand dollars ($5000.00)
30 per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if
31 the Code Enforcement Board finds the violation to be irreparable or irreversible in nature
32 for each day the violation continues past the date set by the enforcement Board or Special
33 Magistrate for compliance or, in the case of a repeat violation for each day the repeat
34 violation continues beginning with the date the repeat violation is found to have occurred
35 by the Code inspector. In addition, if the violation is a violation described in section 2-
36 76(c), the enforcement Board or Special Magistrate may render an order which includes
37 authority for the City to make all reasonable repairs which are required to bring the
38 property into compliance and charge the violator with the reasonable cost of the repairs
39 along with the fine imposed pursuant to this section... .
40
41 (b) in determining the amount of the fine, if any, the enforcement Board or S ecial j
42 Magistrate shall consider the following factors:
43 (1) The gravity of the violation;
44 (2) Any actions taken by the violator to correct the violation; and
45 (3) Any previous violations committed by the violator.
1 (c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be
2 recorded in the public records and thereafter shall constitute a lien against the land on
3 which the violation exists and upon any other real or personal property owned by the
4 y violator. Upon petition to the circuit court, such order shall be enforceable in the same
5 manner as a court judgment by the sheriffs of this state, including execution and levy
6 against the personal property of the violator, but such order shall not be deemed to be a
7 court judgment except for enforcement purposes. A fine imposed pursuant to this part
8 shall continue to accrue until the violator comes into compliance or until judgment is
9 rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs
10 first. After three (3) months from the filing of any such lien which remains unpaid, the
11 enforcement Board or Special Magistrate may authorize the City attorney to foreclose on
12 the lien. No lien created pursuant to the provisions of this part may be enforced on real
13 property which is a homestead under Section 4, Article X of the State Constitution.
14
15 ...
16
17 Sec.2 -80. Appeal.
18 An aggrieved party, including the City Commission, may appeal a final administrative
19 order of an enforcement Board or Special Magistrate to the circuit court of Palm Beach
20 County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
21 review of the record created before the enforcement Board or Special Magistrate. An
22 appeal shall be filed within thirty (30) days of the execution of the order to be appealed.
23
24
25 Sec. 2 -81. Service of notices.
26 ...
27 (b) In addition to providing notice as set forth in subsection (a), at the option of the
28 Code compliance Board or Special Magistrate, notice may also be served by publication
29 or posting, as follows:
30 (1) a. Such notice shall be published once during each week for four (4)
31 consecutive weeks (four (4) publications being sufficient) in a newspaper of general
32 V circulation in the county where the Code compliance Board or Special Magistrate is
33 located. The newspaper shall meet such requirements as are prescribed under Chapter 50,
34 Florida Statutes, for legal and official advertisements.
35 ...
36
37 Sec. 2 -82. Alternative Code enforcement system.
38 The City hereby adopts an alternative Code enforcement system which shall provide
39 the Code compliance Board or special masters Magistrates, hereinafter described and
40 designated by the City Commission, the authority to hold hearings and assess fines
41 against violators of the Codes and ordinances of the City.
42
43 ...
44
45
46
1 Sec. 2 -85. Criteria for lien reduction.
2 The following criteria must be complied with prior to a lien reduction hearing before
3 the Code Compliance Board or Special Magistrate:
4 ...
5 Sec. 2 -86. Application for lien reduction.
6 The Code Compliance Administrator or his designee shall provide the application for a
7 lien reduction hearing. The application will be included with the affidavit of compliance
8 issued by the Code Compliance Division. A complete application must accompany each
9 lien reduction request that is to be heard before the Board or S_pecial Magistrate.
10
11 ...
12
13 Sec. 2 -88. Lien reduction procedure.
14 A party requesting a lien reduction must submit a complete lien reduction application to
15 the Code Compliance Division of the Police Department upon receiving verification that
16 all conditions are complied with as stated in section 2 -85. The Code Compliance
17 Administrator or designee will process the application and determine that all required
18 criteria have been complied with under City ordinance, section 2 -85. If the applicant does
19 not qualify for a hearing under section 2 -85, the party will be notified in writing of the
20 reasons and refunded one -half of the application fees. If the reduction application is
21 complete, the case will be placed on the next available Code Compliance Board or
22 Special Magistrate Lien Reduction Agenda. The appealing party will be notified in
23 writing of the scheduled date of the hearing at least five (5) days prior to the hearing
24 date. If the matter is heard by a Board, a quorum must be present for the Board to hear a
25 lien reduction and a majority of the entire Board must vote in the affirmative for a lien to
26 be reduced or waived. The Code Compliance Administrator shall submit the Board or
27 Special Magistrate's Lien Reduction Order to the City clerk, legal department and the
28 City manager. The Code Compliance Administrator or his /her designee shall notify the
29 applicant in writing of the Board's Lien Modification Order within seven (7) days
30 following the entry of the order and of the date of the next City Commission meeting
31 when the Commission shall hear the Board or Special Magistrate's recommendation if
32 required.
33
34 ( Sec. 2 -89. Conduct of hearing for lien modification.
35 The Code Compliance Board or Special Magistrate at a lien modification hearing shall
36 { make one of the following determinations: The lien shall be waived in full, reduced to a
37 specified amount or shall be upheld in full. The Board or Special Magistrate shall hear all
38 the facts regarding the specific Code or Codes the appealing party was in violation of, the
39 date of the original Breard hearing, the date the affidavit of noncompliance was issued, the
40 date the affidavit of compliance was issued, the current lien amount and all pertinent
41 information relating to the specific case, prior to the Board making it's a determination
42 and order. The lien modification hearing shall not be a hearing de novo of the original
43 case,
44
45
46
1
1 Sec. 2 -90. Final orders issued in lien modification hearings.
2 Final orders shall be issued in lien modification hearings in accordance with the
3 following procedure:
4 (1) The Code Compliance Board or Special Magistrate shall issue its order in lien
5 modification hearings in writing in a form approved by the City Attorney. Immediately
6 following rendition of lien modification order, the City Clerk shall furnish a copy of the
7 i order along with minutes of the . '. - r. 4. -' meeting hearing to the City
8 Commission.
9 (2) Lien modification order issued by the Code Compliance Board or Special
10 Magistrate shall be final unless a City Commissioner or an aggrieved party takes
11 1 exception to the final order within seven (7) days of rendition of the order or a City
12 I Commissioner takes exception to the final order within seven (7) days of rendition of the
13 order.
14 (3) The Commission or an aggrieved party may request a review of an Cede
15 Compliance Board's order by notifying the City Manager or his /her designee of the intent
16 j to do so. If review of an Code Compliance Board's order is requested, the City
17 Commission shall review the order of the Board within thirty (30) days of the request for
18 review. On review, the City Commission may hear the position of the property owner, a
19 Code Compliance Board representative, the Special Magistrate, or may rely upon the
20 minutes of the Codc Compliance Board proceeding regarding the propriety of the lien
21 modification.
22 (4) The City Commission shall make one of the following rulings:
23 a. Affirm the Code Compliance Board's final Beams order in full.
24 b. Modify the Codc Compliance Board's final order.
25 (5) The Commission shall direct the administration to take action consistent with the
26 acceptance, rejection, or modification of the Code Compliance Board order.
27 (6) The property owner shall be advised that in the event the property owner does
28 not comply with the Code Compliance Board or Special Magistrate order, as approved or
29 modified by the City Commission, within ninety (90) days of the Commission's action,
30 then the Code Compliance Board's Lien Reduction Order shall be of no further force or
31 effect, and the original lien shall remain on the property. No extensions of the ninety -
32 (90) day period shall be permitted, and no further action by the Code Compliance Board,
33 the Special Magistrate, or the City Commission shall be permitted regarding lien
34 reduction.
35
36 Sec. 2 -91. Violations and penalties.
37 (a) The following table of violations and penalties shall be assessed by Code
38 enforcement officers and shall be followed by the county court system as a special master
39 Magistrate pursuant to section 2 -82 of this Code, in its review and adjudication of matters
40 in accordance with this Article. The schedule of penalties set forth below is not intended
41 to be all inclusive. The penalty for violation of other Codes or ordinances of the City
42 heretofore or hereafter created and not enumerated herein shall be enforced in the manner
43 provided for therein.
44
45 ...
46
II
1
2 Sec. 2 -92. Consolidation of Nuisance Abatement Board and Code Compliance Board;
3 survival of actions.
4 All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive
5 and be deemed merged and consolidated with the powers, duties, and responsibilities of
6 the Code Compliance Board and the Special Magistrates. All previous actions of the
7 Nuisance Abatement Board shall survive this consolidation unless specifically revoked
8 by the Code Compliance Board or Special Magistrate.
9
10 Section 3. The City Administration, including without limitation the City Manager,
11 f the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are
12 authorized to take all steps necessary to retain Special Magistrates for the purposes established
13 by this ordinance.
14 Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is
1.5 held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
16 shall in no way affect the validity of the remaining portions of this Ordinance.
17 Section 5. Inclusion in Code. It is the intention of the City Commission of the City of
18 Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part
19 of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
20 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
21 such other appropriate word or phrase in order to accomplish such intentions.
22 Section 6. Effective Date. This Ordinance shall become effective on the date of second
1
23 I reading set forth below.
24
25 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
26 SIGNATURE PAGE FOLLOWS.
27
28
1
2 FIRST READING this 15th day of October, 2013.
3 SECOND, FINAL READING AND PASSAGE this 5 day of Nov.
4 2013.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11 or — Jerr Taylor
12
13
14 , ' srr+_ ;rr
15 Vi - Ma or — Wood . . Hay
16
17
1116 11111k,„
18
19 Commissioner — 0 avid T. Merker
20
21 doi 4.
22
23 Col missioner — Mi.. ael M. V patrick
24 ' 25
26 $ 1
27 Co missioner — Joe Casello
28 ATTEST:
29
30 t � , �
31 1.
32 J an M. Prainito, MMC
33 �i y Clerk
34
G \4 Y "5,
"
35
( �
36 r\-
38
0 9