Boynton10 Chapter 10
GARBAGE, TRASH AND OFFENSIVE CONDITIONS*
Art. I. In General, (( 10 1(10-21
Art. II. Refuse, Garbage and Trash, (( 10 22(10-49
Art. III. Abandoned Property, (( 10 50(10 53
Art. IV. Property Maintenance Requirements, (( 10 54(10 62
*Cross references Solid Waste 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 No. 88 39, adopted Sept. 7, 1988, repealed former ( 10 1, which pertained to penalties and derived from Code 1958, ( 13 42.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 orfilth.
The owners of lands within the City shall keep the land 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, give off an offensive odor, or which otherwise is considered to be a hazard to the health and safety of individuals residing or working on neighboring
property and the general public, 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. 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, health 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, (( 13 15, 13 18, 13 27; Ord. No. 80 27, ( 1, 7 15 80; Ord. No. 82 28, ( 1, 9 21 82; Ord. No. 04 030, ( 2, 5 18 04)
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, ( 13 17; Ord. No. 04-030, ( 2, 5-18-04)
Sec. 10 4. Inspection of lands to determine violation.
The City Manager or the designated representative shall, as often as may be necessary,
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inspect lands within the City to determine if violation of this chapter exists.
(Ord. No. 89 47, ( 1, 12-5 89; Ord. No. 04-030, ( 2, 5-18-04)
Sec. 10 5. Notice of violation required.
If the City Manager or the designated representative determines 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, the City Manager, or the designated representative, shall 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 hand delivery by the City Manager or the 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 the designated representative shall cause a copy of the notice to be hand delivered
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; Ord. No. 04 030, ( 2, 5-18-04)
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) That it has been determined that a public nuisance exists on the land, and what constitutes that nuisance.
(2) That the owner of the land shall have no more than ten (10) days from the date of the receipt of the notice to remove the condition causing the nuisance on the land.
(3) That if the conditions are not corrected or removed, the City shall have the conditions corrected or removed at the expense of the owner, including, but not limited to all administrative
and inspection costs.
(4) That the owner(s) have no more than ten (10) days from the date of receipt, delivery, or posting of the notice to bring the property into conformance with the City's Code of Ordinances,
to file a written appeal with the City Manager or designee for a hearing before a three person appeal panel. The three-person panel shall be composed of the City Manager, the Director
of Public Works, and the Code Compliance Administrator, or their designees. The hearing regarding the owner's appeal shall be held within five (5) days of the date the petition is received
by the City Manager.
(5) That the written appeal shall address the following issues:
(a) Whether the conditions do in fact exist;
(b) Why the City should not abate the conditions on the property, at the expense of the owner, and
(c) The time limits for abatement.
(6) That the source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner.
(7) That if, after a hearing, the board determines that the conditions which exist on the property constitute a public nuisance, the board may grant the owner of the property
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such additional time as the board should deem as appropriate 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 does not request a hearing within the designated time allotted, 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 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 percent (8%) per annum, plus reasonable attorney's fees, and other costs of collecting the sums, without further hearing by the board or commission.
(Ord. No. 89 47, ( 3, 12 5 89; Ord. No. 02 033, ( 1, 8 20 02; Ord. No. 04 030, ( 2, 5-18-04)
Sec. 10 7. Hearing.
(a) The owner of the property shall have the right to file a written petition with the City Manager for a hearing no later than ten (10) days from the date of the notice of public nuisance
provided for in this chapter. The hearing shall be held before a three person board composed of the City Manager, the Director of Public Works/Engineer and the Code Compliance Administrator,
or their designees. The hearing shall be held no later than ten (10) days after the City Manager receives the petition.
(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; Ord. No. 04 030, ( 2, 5-18-04)
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 additional time as the board should deem as appropriate to remove or correct 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, 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 work together with all costs of inspection
and administration, the City shall assess the costs of the work, against the property as provided in this Chapter, including inspection and administration costs, plus interest at the
rate of eight percent (8%) per annum, plus reasonable attorney's fees, and other costs of collecting the sums.
(b) Prior to the condition being corrected by the City, notice shall be delivered or sent by first class mail, postage prepaid, to the owner notifying the owner of the estimated cost
of abating the condition.
(Ord. No. 89 47, ( 5, 12 5 89; Ord. No. 04 030, ( 2, 5-18-04)
Sec. 10 9. Assessment of costs, interest, and attorney's fees; lien.
As soon as possible after the abatement takes place, the City Manager shall report to the City
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Commission the cost of the abatement, including the costs of inspection and administration. Thereafter, the City Commission shall, by resolution, assess the costs against the subject
parcel. This resolution shall describe the property assessed, show the costs of the abatement, including costs of inspection and administration, and indicate that the assessment shall
bear interest at the rate of eight percent (8%) 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 Palm Beach 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, the Clerk shall also notify the property owner that the City
is recording a certified copy of the resolution in the public records of Palm Beach County.
(Ord. No. 89 47, ( 8, 12 5 89; Ord. No. 04-030, ( 2, 5-18-04)
Sec. 10 10. Enforcement of assessment.
The City may enforce the assessment by either an action at law or foreclosure of the lien provided in section 10 9, 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 percent (8%) per annum from the date of assessment, in addition to collection costs,
and reasonable attorney's fees.
(Ord. No. 89 47, ( 9, 12 5 89; Ord. No. 04-030, ( 2, 5-18-04)
Secs. 10 11(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 22(10 39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II,
pertaining to the same subject matter. Former Art. II was derived from Code 1958, (( 13 2(13 6, 13 9, 13 11, 13 13, 13 33(13 41, and Ord. No. 80 20, ( 1, adopted June 3, 1980.
Sec. 10 22. City to collect and dispose of garbage; supervision; regulatory authority.
All refuse, garbage, trash of all types, vegetative trash, recycling, construction and demolition material accumulated in the City shall be exclusively collected, conveyed and disposed
of by the City under the supervision of the Director of Public Works. The Director of Public Works 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; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 23. Definitions.
For the purpose of this article, the following words and terms are defined as follows:
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Commercial means any public or private place, building and/or enterprise or business devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature,
including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets, theaters, hospitals and other institutions which hold themselves out to the public as
places of business, services or accommodations.
Containers or receptacles:
(1) (Non-containerized( means the use of a "roll-out cart" provided by the City for the use of garbage collection purposes. The cart as defined will be of a special design and construction
as to allow for the mechanical or automation of collection of garbage.
(2) (Containerized( or "Dumpster" means a detachable metal container provided by the City designed and intended to be mechanically dumped into a packer type solid waste vehicle and varying
in size from two (2) cubic yards to eight (8) cubic yards adaptable to City equipment. This type receptacle is normally associated with collection service for commercial or multifamily
developments.
(3) (Containerized or Dumpster with wheels( are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated
outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments.
(4) "Compactor" is a mechanical device to accept garbage, trash, and other types of materials, mechanically press or compact the material into a more dense form, and to be serviced by
City trucks designed for such operations. The compactor shall be the property of the business, institution, or customer, and shall not be owned, maintained, or repaired by the City.
The City
shall service the compactor to the extent of collecting and disposal of the material, and will not be responsible for the mechanical operation, repair, energy to operate, or longevity
of the device. The customer shall be responsible for consulting with the City prior to purchasing a compactor to assure the compactor and the City trucks used to service the compactor
are compatible. Failure on the part of the customer to conduct such coordination shall not waive the requirement that the compactor is to be serviced by City equipment. The City will
bear no responsibility for modifying either the compactor, or its equipment to offer the necessary service. This type receptacle can be associated with commercial, mobile home parks,
or institutional type of customers.
(5) "Roll out garbage carts" are specialized garbage carts provided exclusively by the City as a part of the residential garbage collection service. The carts are of a design that would
allow the City to mechanically collect the garbage, or to automate the garbage collection process.
(6) "Roll off containers" are various sized metal containers specially designed for the collection of noncombustible trash, construction, demolition, cleaning, renovation, industrial,
or garbage wastes normally associated with construction projects or special events. The containers are provided by the City upon request and qualification of the customer, and shall
be serviced by the City exclusively on an as needed basis.
Dispose means to deliver to approved landfill or transfer station or other approved disposal method.
Director of Public Works means the Director of Public Works and/or the duly authorized agent.
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Mandatory Service Charge means an automatic fifty dollar ($50.00) service charge will be assessed for any bulk trash/vegetation that is placed for pickup on the wrong day.
Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form
of raw materials or products.
Refuse shall mean any or all of the following: garbage, noncombustible trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition material, hazardous,
industrial waste, infectious waste, and recycling material. Such items are hereby further defined as follows:
(1) (Garbage:( Every accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables,
and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay may serve as a breeding
or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which due to their ability to retain water, may
serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected from each residential unit in the City twice a week, and
from each commercial establishment as requested by the customer or as required by the Director of Public Works when public safety or appearance is jeopardized.
(2) (Noncombustible trash:( Materials that are not burnable at ordinary incineration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, bricks,
paving and other types of building or demolition materials. The City shall not collect non-combustible trash on a scheduled, routine basis.
(3) (Yard trash:( Shall mean vegetative matter resulting from gardening, 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 once a week at all residential units throughout the City.
Tree stumps are prohibited to be placed out for collection.
(4) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any
type incidental to the care of residential lawns and gardens, including limbs and branches less than four (4) inches in diameter or four (4) feet in length.
(5) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets,
wooden boxes, and other types of household items. Bulk trash shall also include owner generated construction debris less than one (1) cubic yard.
(6) "Construction and demolition material:" Commonly referred to as C&D debris, shall be any byproduct material from either the construction or demolition or remodeling, or repair of
any type building, structure, or roadway, or driveway materials. Material would commonly contain, but not be limited to, building materials, rubble, stone, brick, earthwork, paving materials,
concrete, blocks, wood, roofing materials of all types, metal, piping, asphalt, fencing, cabinets, HVAC ducting, heating and air conditioning equipment, plumbing fixtures and the like.
This material will not be collected routinely by the City. The customer should contact the
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Director of Public Works to schedule the removal, or arrange for a roll off container to be provided but the City. The cost of this service will be in accordance with the type of materials
and the cost of associated disposal.
(7) "Hazardous material:" Shall be any type material or product whose chemical or biological nature make it dangerous to the human health if disposed improperly, or that could cause
harm to the environment. This includes any material which requires special handling due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and
on the health and welfare of the public, including but not limited to explosives, pathological wastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids,
pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or highly flammable chemicals. The City will not collect hazardous material on any regular
Solid Waste services. Arrangements for the special disposal shall he made by the customer for the proper, safe, and legal disposal of hazardous material by calling the Solid Waste Authority.
(8) "Infectious waste:" Is any type of waste material resulting from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of
human and/or parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. The City will not routinely collect infectious waste.
Arrangements for special disposal shall be made privately by the customer for the proper, safe, and legal disposal of infectious waste according to standards within the relevant industry.
(9) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers,
corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry cell batteries (no wet cell batteries) and other type materials that have known recycling potential,
can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials
require materials would include items that are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recycled material shall be collected on
a scheduled routine basis from each residential unit in the City.
Residential dwelling unit means any structure or shelter, house, apartment building, or any part thereof used or constructed for human habitation and shall include bath and culinary
accommodations for one or more families.
(1) "Single family dwelling:" means a residential dwelling unit designed to contain only one (1) family, or any residential dwelling unit, or any number of residential dwelling units
receiving Solid Waste service for each individual dwelling unit.
(2) "Multi family dwelling:" means a residential dwelling unit designed to contain more than one (1) family, and received containerized Solid Waste service.
Sanitation Supervisor. See Director of Public Works.
Special pickup, and costs referenced herein, shall apply when residential solid waste, exclusive of construction debris, greater than six (6) cubic yards must be collected and disposed
of separate from other provisions of this Article. Special pickups will be coordinated with the resident and a Solid Waste Supervisor as to time, place, date, and items to be picked
up. Items to be picked up will not be deposited at the curbside more than twenty four (24) hours prior to the scheduled special pickup. All special pickups shall be at additional cost
to the resident. An estimate
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of the cost of the special pickup should be obtained by contacting the office of the Director of Public Works. Special pickups will be made as soon as practicable upon acceptance of
the cost estimate by the owner. The minimum fee for this service is seventy-five dollars ($75.00).
(Ord. No. 82 29, ( 1, 9 21 82; Ord. No. 92 12, ( 1, 6 2 92; Ord. No. 94 28, ( 1, 9 9 94; Ord. No. 04 030, ( 2, 5-18-04; Ord. No. 08-012, ( 2, 6-3-08; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 24. Single family residential refuse collection.
(a) The City will collect noncontainerized residential refuse under the following conditions:
(1) Garbage will be collected twice per week at curbside only from each single family residential unit in the City provided with roll-out garbage carts. The placement of household garbage
in a loose and uncontained manner on the roadside, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly prohibited. All material intended
for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the street,
but within three (3) feet of the curb or edge of pavement and shall be located a minimum of three (3) feet from any obstruction that may interfere with routine collection. Yard trash
and combustible trash will not be collected with household garbage, but will be picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash capable of being
containerized should be placed in a standard garbage can, roll-out garbage cart, plastic bag, or disposable container, only yard waste generated by residential property will be eligible
for collection. Collection of yard trash should be
piled separately from all other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Materials
classified as hazardous material will not be collected by the City. Household garbage, trash or any type of other material intended for collection, shall not be set out prior to the
day proceeding the scheduled pickup.
(2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the Director of Public Works or designee at all times. A container not approved
by the Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant
shall no longer use the container for collection.
(3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. 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 individuals occupying or residing on the property. Rupture of, or damage to the bag or container, from any cause
which results in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in an undamaged bag or container prior
to pickup by the City.
(4) No yard trash shall be placed on property owned or occupied by others without permission.
(5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of
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persons using any street or sidewalk located within the City, except as provided herein. Protection of the containers placed for collection is the responsibility of the resident.
(6) Curbside residential recycling service will be given to each residential dwelling unit with the City, once a week. The City shall provide each resident with two (2) recycling bins
or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other allowable co mingled materials. The other shall be used for newspaper, magazines, glossy
paper, office grade paper, and corrugated cardboard. The bins shall be set out on the designated collection day.
(7) Where the resident of a dwelling unit is physically unable to deliver residential solid waste to curbside the resident can complete an application for request for reasonable accommodation.
The Public Works Director or his or her designee shall review the request and make a determination on the request for reasonable accommodation based upon a finding that the proposed
accommodation is reasonable, and the applicant is an individual with a disability as defined in 42 U.S.C. ( 12102 of the Americans with Disabilities Act. The applicant will be notified
in writing of the decision on the request for reasonable accommodation. Regardless of any accommodation made pursuant to the facts described in this paragraph, vegetative waste must
continue to be placed at curbside.
(8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other prohibited waste shall not be placed in garbage cans, bags, or any other types
of containers or placed loose on the ground with the expectation of having
the material collected by the City. These materials are not part of Single Family Residential Refuse Collection Service. The resident and/or property owner should contact the Director
of Public Works in order to inquire as to the proper disposal method for such materials.
(Ord. No. 82 29, ( 1, 9 21 82; Ord. No. 92 12, (( 2(4, 6 2 92; Ord. No. 94 28, ( 2, 9 9 94; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 08-012, ( 2, 6 3 08; Ord. No. 08 029, ( 2, 10 21 08;
Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 25. Containerized commercial and residential collection.
(a) Regulations governing containerized service:
(1) Containerized refuse service shall be carried out by the City at commercial or multifamily 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 landowner is responsible for the protection of containers placed to serve the premises. The
landowner shall be liable to the extent of the cost of repairs and cleanliness or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse.
(2) Unimpeded access to containers at all times shall be provided by the landowner. 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 landowner shall
be responsible for placing (rolling) them to the proper position for emptying and in time for emptying.
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(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.
(5) At each multifamily site, located adjacent to the dumpsters, or a location approved by the City, the City may place a minimum of two (2) recycling carts. The carts are for the purpose
of collecting recycling materials. The landowner must allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The residents of
the multifamily development shall be encouraged to conduct recycling. The carts will be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other
material not approved in the definition of recyclable materials shall be strictly prohibited. This service is provided as a part of the garbage collection fee.
(6) Commercial, institutional, and any other type activity requiring containerized garbage collection, except for multifamily collection service, are encouraged to access the garbage
and trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated for cardboard and paper recycling. The service will be provided for a fee.
(Ord. No. 82 29, ( 1, 9 21 82; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 26. Roll off services.
(a) Construction sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary
condition at all times. Each construction site shall be provided with solid waste containers adequate in size and sufficient in number to accommodate the accumulation of solid waste
during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval of the Public Works Department.
The owner of the property, or the contractor conducting the operations, shall have the right to provide the material removal service with his own containers and equipment. In all other
cases, the owner or contractor shall be required to obtain such removal services from the City. The Public Works Department shall determine exclusively whether this service would require
the use of roll off containers, or the service could be adequately provided by some other means.
(b) Stop work. During the construction of any site project the Building Official may at his/her discretion, issue a written order to stop work on a construction project for failure to
maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement of this chapter.
(c) Final cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of Public
Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior to the issuance of a certificate of occupancy
by the Building Department.
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(d) Roll off location. All roll off containers shall be placed on the customer's property in a location accessible for service. Roll offs may be placed in the public right of way only
if a permit to do so is issued by the Engineering Department. Roll-off containers not serviced within thirty (30) days of issuance may be removed from the property by the City at the
Public Works Director(s discretion.
(Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 27. 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, 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 applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements.
(b) Refuse from containerized residential units will be collected twice a week or as necessary. Such frequency of service shall be determined exclusively by the Director of Public Works
to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet the
solid waste standards.
(c) Duty to record and bill users of City system. The Director of Public Works 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. The City may choose to not provide solid waste services
because of non-payment.
(d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the
City or upon any occupied property public square, or upon any street, alley, park, parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right of way,
or any storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within
the limits of the City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard,
nuisance-free composting practices for home gardening purposes. No person shall burn or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided
by law.
Cross references Depositing litter in bodies of water, ( 15 30; polluting park waters, ( 16 26.
(e) 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 residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake of
composting will be prohibited. Composting for commercial purpose, or composting to develop a marketable product shall be prohibited except for those cases allowed by commercial enterprise,
and properly licensed to conduct such operations.
(f) Ownership of collection refuse and waste.
(1) Ownership of refuse and waste material shall be vested in the City at the time of collection.
(2) Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materials, shall become the property
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of the City from the time of placement at the curb by the customer, and it shall be a violation of this Article for any person, firm, corporation, or partnership other than the City,
to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such collection in violation hereof from one (1) or more residences or businesses during
such period shall constitute a separate and distinct offense.
(g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts from
food preparation for human consumption.
(h) Incinerators. No private incineration units shall be erected or operated within the City from the date of this Article except upon approval of the City Commission, and the issuance
of the proper permits and licenses from any and all regulating agencies.
(i) Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City.
(j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private
property within the City except as provided herein.
(k) Non-interference. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this chapter.
(Ord. No. 82 29, ( 1, 9 21 82; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 022, ( 2, 9 16 14)
Editor's note Subsection 10 27(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative of ( 10 30.
Sec. 10 28. Reserved.
Editor's note Provisions designated ( 10 28, and enumerating certain violations, have been deleted by the editor as being duplicative of ( 10 31.
Sec. 10 29. 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; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 30. 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. Rental charge - The charge assessed to account for expenses related to the provision of commercial refuse containers. The Public Works Director shall annually adjust the container
rental fee based upon changing market prices of new containers.
b. Disposal charge A fixed disposal charge as set and modified from time to time by the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer directly.
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Garbage, Trash and Offensive Conditions 13
c. Operating charge A fixed charge per cubic yard to cover all other labor and equipment hauling expenses and charges of the Solid Waste Department. The rate in 2014 - 2015 will be fixed
at four dollars ($4.00) per cubic yard and shall be increased annually thereafter based upon changes to operating expenses at the discretion of the Public Works Director at the beginning
of each fiscal year, or as otherwise provided by the City Commission.
(2) Partial monthly service will be charged on a prorated basis, based on the rates in subsection (1a.) above.
(3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three to one (3:1) ratio of the disposal rates set forth in subsection (1b.) above. Containers
with compactors shall be furnished by the owner, therefore, no rental cost shall be charged.
(b) Noncontainerized commercial service: Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the Public Works Department.
(c) Collection rates:
Residential
Multi-Family
FY 2013-14
$14.00
$10.75
FY 2014-15
$15.00
$11.75
FY 2015-16
$16.00
$12.75
(d) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon
private markets conditions.
(Ord. No. 82 29, ( 1, 9 21 82; Ord. No. 83 36, ( 1, 10 18 83; Ord. No. 85 55, ( 1, 11 15 85; Ord. No. 86 36, ( 2, 10 21 86; Ord. No. 90 36, ( 1, 9 18 90; Ord. No. 91 63, ( 1, 9 19 91;
Ord. No. 92 49, ( 1, 10 8 92; Ord. No. 93 33, (( 1, 2, 9 21 93; Ord. No. 94 28, ( 4, 9 9 94; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 04-072, ( 2, 8-17-04; Ord. No. 05 055, ( 2, 9 20 05;
Ord. No. 06-077, ( 2, 9-6-06; Ord. No. 08 012, ( 2, 6-3-08; Ord. No. 08 032, ( 2, 11-18-08; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 31. Violations and enforcement.
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:
(1) To deposit or place in or cause to be deposited or placed in a trash container any materials other than those defined in this Article as refuse.
(2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers.
(3) To use or supply garbage cans and refuse containers other than those defined and provided for in this Article.
(4) To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the City for that purpose unless specifically authorized
by the City Commission.
It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each
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provision of this Article. The performance on each day of any prohibited act or practice shall constitute a separate offense, and shall be punishable as such.
(Ord. No. 82 29, ( 1, 9 21 82; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 022, ( 2, 9 16 14)
Sec. 10 32. Disaster-generated debris removal management plan; authority, priorities and limitations.
The City Manager, or designee, shall have the authority, to remove disaster generated debris located within the City of Boynton Beach on city owned property, county/state owned roads,
and private roads after the declaration of any state of emergency pursuant to this article. The removal of such disaster generated debris is authorized only after a major disaster or
a catastrophic disaster and upon the determination by the City Manager, or designee, that such removal is reasonable necessary to (i) eliminate immediate threats to life, public health,
and safety; (ii) eliminate immediate threats of significant damage to city property or facilities; or (iii) ensure economic recovery of the affected community to the benefit of the community at large
.
(1) An immediate threat to life, public health, and safety shall be deemed to exist if any one of the following conditions is satisfied:
a. There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services if the disaster generated debris is allowed to remain in place;
b. The type of disaster generated debris is such that it may reasonably cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare
of those residing and working in the area if it is allowed to remain;
c. The removal of the disaster generated debris is necessary to effectuate orderly and expeditious restoration of city-wide utility services including, but not limited to, power, water,
sewer, telephone and solid waste collection;
d. The disaster generated debris is determined by the City of Boynton Beach Building Official or Public Health Official to be dangerous or hazardous;
e. The disaster generated debris prevents garbage collection, thereby creating a public health and safety hazard;
f. The disaster generated debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the city;
g. The disaster generated debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings and/or property;
h. The disaster generated debris presents a reasonable danger of being transported by wind and/or water to neighboring properties, thereby increasing the cost of recovery and removal;
i. The disaster generated debris is significantly likely to produce mold or may otherwise cause disease, illness, or sickness which could injure or adversely affect the health, safety,
or general welfare of the public;
j. The presence of the disaster generated debris significantly adversely impacts the city(s recovery efforts;
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k. The disaster generated debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall;
l. The sheer volume of the disaster-generated debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the city; or
m. The type, extent and nature of the disaster generated debris is such that it would cause much greater damage if not removed immediately.
(2) An immediate threat of significant damage to city property or facilities shall be deemed to exist if the cost to remove the disaster-generated debris is less than the cost of potential
damage to the city property or facility, thereby being a cost effective removal.
(3) In removing disaster generated debris from county owned or state owned property and rights of way, the highest priority shall initially be given to responding to immediate threats
to life, public health, and safety; eliminating immediate threat of significant damage to county and state property or facilities; and pushing or removing disaster generated debris from
county/state rights of way to permit safe passage.
(4) The removal of disaster generated debris shall begin as soon as functionally feasible after the occurrence of a major disaster or catastrophic disaster. The primary operation of
the city work forces will be to cut and toss disaster generated debris depositing it along county or state rights of way, thereby creating access to the
major arterial roadways to allow for expedited search and rescue efforts as well as recovery efforts. Upon completion of the cut and toss operation, city work forces will begin the
removal of other disaster generated debris. The owners of private property, or those individuals otherwise in possession of private property, adjoining county/state rights of way may
place disaster generated debris in the county and/or state right of way. The community at large will be notified via press releases, city web page, local media of the initial start date
for removal of disaster generated debris by city work forces and will subsequently be notified prior to the last removal pass by city work forces. After the last such removal pass,
city residents will be responsible for the removal of any remaining disaster generated debris in compliance with pre disaster collection requirements whether they be self provided, provided
through a private contractor, or provided through regular waste disposable services.
(5) The city shall, subject to the restrictions and requirements of F.S. Section 768.28, indemnify and hold the federal government, its agencies and employees, harmless from any claims
arising from or based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty on the part of any federal agency or any employee of
the federal government in carrying out the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).
(6) The owners of private property, or those individuals otherwise in possession of private property, shall be responsible for assuring that the placement of any disaster generated debris
in city/county/state
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rights of way or on private roads for removal by city work forces satisfies the following conditions:
a. The disaster generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three foot roadside shoulder area on either side of the travel lanes
of the road.
b. The disaster generated debris shall be separated into stacks or piles of the following types of debris as defined in this article:
1. Putrescent debris and mixed common household items.
2. Vegetative debris.
3. Construction and demolition debris.
4. White goods.
5. Hazardous household waste and electronic waste.
c. The disaster generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three feet of any power poles, fire hydrants,
vehicles, mailboxes, or fences.
(7) Any damage to personal property by city work forces resulting from the placement of disaster generated debris in a manner inconsistent with this section shall be the responsibility
of the private property owner, or individual otherwise in possession of private property, who misplaced such debris.
(8) Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on city/county/state rights of way
or on private roads which is deemed not to be disaster-generated debris, shall be responsible for removing such unauthorized debris no later than 24 hours after notification of such
removal requirement by a member of the city work forces. Any such owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible
for any costs associated with the removal of such unauthorized debris by city work forces.
(9) Removal of hazardous trees or hazardous limbs. The removal of disaster generated debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangering
a private road shall be deemed to be the responsibility of the adjacent private property owners and, as such, the city work forces shall not be authorized to remove or to otherwise act
upon such disaster generated debris unless it is necessary to eliminate an immediate threat to the safety of city work forces.
(Ord. No. 13 021, ( 2, 7 2 13; Ord. No. 14 022, ( 2, 9 16 14)
Secs. 10 33(10 49. Reserved.
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Garbage, Trash and Offensive Conditions 15
ARTICLE III. ABANDONED PROPERTY*
*Editor's note Ord. No. 87 2, (( 1, 2, adopted Feb. 3, 1987, repealed former Art. III, Abandoned, wrecked or junked vehicles, being (( 10 50(10 56, as derived from the 1959 Code, ((
29 5(29 8, and enacted in lieu thereof new provisions designated herein as Art. III, (( 10 50(10 54.
Sec. 10 50. Definitions.
For the purposes of this Article, the following words and phrases shall have the meaning set forth 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, but not be limited to, law enforcement and code compliance 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; 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.
2014 S-43
16 Boynton Beach Code
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; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 001, ( 2, 2 4 14)
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:
NOTICE TO THE 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 City 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 the property, or notify the appropriate refuse removal service.
(2) For lost property, the officer shall take custody and the City shall retain the property for ninety (90) days and publish notice of the City's intended disposition of the property.
a. If the City elects to retain the property for its own use, donate the property to a charitable organization, surrender such property to the finder, sell the
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Garbage, Trash and Offensive Conditions 17
property or trade the property to another unit of local government of state agency, notice of such election shall be given by an advertisement published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Palm Beach County.
b. If the City elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale
published once a week for two (2) consecutive weeks in a newspaper of general circulation in Palm Beach County. The notice shall include a statement that the sale shall be subject to
any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of
the goods and the time and place of the sale. The sale may take place no earlier than ten (10) days after the final publication. Notice of the City's intended disposition shall describe
the property in a manner reasonably adequate to permit the rightful owner of the property to identify it.
(c) If the property is sold at public sale pursuant to subparagraph 10-51(b)(2)b, the City 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 City 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 City. 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 City 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 City 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 the law enforcement officer in the discharge of his 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, as may be amended from time to time.
(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.
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18 Boynton Beach Code
(g) The rightful owner shall be liable for the City's costs for transportation and storage of lost or abandoned property and the City'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 City.
(Ord. No. 87 2, ( 2, 2 3 87; Ord. No. 87 29, (( 2, 3, 9 15 87; Ord. No. 04-030, ( 2, 5-18-04)
Sec. 10 51.5. Abandoned personal and real property.
(a) Purpose and intent. It is the purpose and intent of this section to establish a process to address the amount of abandoned personal and real property located within the City. This
section is further intended to specifically establish an abandoned residential property program as a mechanism to protect residential neighborhoods from becoming blighted through the
lack of adequate maintenance and security of abandoned properties.
(b) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Abandoned personal property: Property that has been left abandoned and unprotected from the elements and shall include, but not be limited to, wrecked, inoperative or partially dismantled
trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar article that has been left abandoned and unprotected from the elements.
Abandoned real property: Any property that is vacant or is under a current notice of default and/or notice of mortgagee's sale by the lender or a pending tax assessors lien sale, and/or
properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure, and any properties transferred
under a deed in lieu of foreclosure or sale.
Accessible property: A property that is accessible through a compromised/breached gate, fence, wall, and the like.
Accessible structure: A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
Enforcement officer: Any full time law enforcement officer, building official, code enforcement officer, fire inspector or building inspector employed within the City.
Evidence of vacancy: Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions
may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal property, as defined herein, statements by neighbors, passers by. delivery agents
or government agents, among other evidence that the property is vacant.
Foreclosure: The process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults.
Nominal salvage value: The value of an article of abandoned or derelict property that a reasonably prudent person would believe is the fair market value of the property, taking into
consideration its useful life, earning capacity or replacement cost, less depreciation. Items of general or special depreciation would be nominally greater than the costs of salvage,
including the removal, transportation, storage and sale of same.
Property management company: A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.
Public property: Canals, all waterways, lands and improvements owned by a governmental body or any governmental agency, including but not
2009 S-34
Garbage, Trash and Offensive Conditions 18A
limited to, easements and rights of way, but excluding the campus of any institution of the state university system.
Residential building: Any improved real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and
structures located on such improved real property.
Vacant: Any building/structure that is not legally occupied.
(c) Applicability. This section shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available
to the City above and beyond any other state, county and/or local provisions for same.
(d) Penalties. Any person who shall violate the provisions of this section shall, upon conviction, be punished as provided in Section 1 6 of the City(s Code of Ordinances Code as applicable.
In addition, any violation of this section may be enforced through the City's Code Compliance Board, as provided in Chapter 2, Article V, of the City's Code of Ordinances.
(e) Placement of abandoned personal property on private property prohibited.
(1) It shall be unlawful for any person to abandon personal property upon private property:
a. Without such receiving the property owner's consent; or
b. In violation of this or any other applicable law, ordinance or regulation.
(2) Nothing in this section shall be deemed to apply to abandoned personal property authorized to be left on private business property properly operated, licensed and
zoned in the City for the purpose of accepting abandoned property.
(f) Public nuisance. All abandoned personal property and abandoned real property is hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, is
hereby declared to be necessary for the health, welfare and safety of the residents of the City.
(g) Notification procedure. When an enforcement officer ascertains that an article of personal property having nominal salvage value lies abandoned or derelict upon private property,
that officer shall:
(1) Cause a notice to be placed upon such abandoned property in the substantially following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING DESCRIBED PROPERTY:
(setting forth brief description)
LOCATED AT:
(setting forth brief description of location)
is:
IMPROPERLY STORED AND IS IN VIOLATION OF
(setting forth ordinance or resolution violated)
AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY, AND MAY BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE
CITY OF BOYNTON BEACH, FLORIDA, DATED THIS:
(setting forth the date of posting of notice)
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SIGNED
(setting forth name, title, address and telephone number of enforcement officer)
(2) Such notice shall be not less than eight (8) inches by ten (10) inches, and be sufficiently weatherproof to withstand normal exposure to the elements.
(3) The enforcement officer shall make reasonable effort to ascertain the name and address of the owner of the abandoned property and, if such address is reasonably available, the officer
shall mail, by certified mail, a copy of the notice to the owner, on or before the date of posting the above described notice on the abandoned personal property.
(4) The enforcement officer shall mail, by certified mail, a copy of the above described notice to the owner of the real property upon which the abandoned personal property is located,
as shown by the real estate tax records as provided by the Palm Beach County Property Appraiser's Office, or any other address provided to the local government by such owner, on or before
the date of posting such notice.
(h) Removal of abandoned personal property.
(1) If at the end of five (5) days after posting notice under this section, the owner or any person interested in such abandoned personal property described in the notice has not removed
same, the City may seek an appropriate order from the special magistrate or code enforcement board, and may subsequently cause the article of abandoned personal property to be removed
and destroyed, and the salvage value, if any, of such article shall be retained by the City, to be applied against the cost of removal and destruction thereof.
(2) Before destruction, for abandoned property on private lands, at the end of the five (5) day period of posting of such notice, if the owner or person having interest in the property
has not removed the abandoned property from private property, or shown reasonable cause for failure to do so, the City may cause the property so described to be removed by a towing or
salvage company, which shall cause the article or articles of abandoned property to be removed and placed in storage, if applicable with the local, state and federal regulations. At
the conclusion of the required storage, if the article is not claimed, and if the salvage value is above one hundred dollars ($100.00), the towing company shall pay the City the sum
of twenty five dollars ($25.00) or ten percent (10%) of such value, whichever is greater, for the administrative costs in handling with the article. If the article is claimed, the City
shall receive twenty five dollars ($25.00) as an administrative fee.
(3) It is unlawful to remove abandoned personal property, including inoperative vehicles, from private property to public property after the posting of the property by an enforcement
officer.
(4) In the event that the abandoned property is deemed to be an imminent public health and safety hazard, an enforcement officer is authorized to remove the property immediately. Subsequent
to the removal of the abandoned property, the City shall make reasonable and diligent efforts to ascertain the owner and take the applicable action. If the abandoned property is on private
property, the private property owner shall be provided notice and assessed the cost of removal of the abandoned property and any required clean up of the private property.
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(i) Registration of abandoned real property.
(1) Any mortgagee who holds a mortgage on real property located within the City shall perform an inspection of the property that is the security for the mortgage, upon default by the
mortgagor, or issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten (10)
days of the inspection, register the property with the City's Code Compliance Administrator, his/her designee, or the City's authorized representative, on forms provided by the City,
A registration is required for each vacant property.
(2) If the property is occupied but remains in default, it shall be inspected by the mortgagee, or his/her designee, monthly until:
a. The mortgagor or other party remedies the default; or
b. It is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned, and the mortgagee shall, within ten (10) days of that inspection, register the property
with the City's Code Compliance Administrator, his/her designee, or the City's authorized representative, electronically via the City's website or on forms provided by the City.
(3) Registration pursuant to this section shall contain the name of the mortagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of mortagee,
facsimile number and e mail address, and the local property management company responsible for the security and maintenance of the property and the direct contact name and telephone
number of the manager, facsimile number and email address, and mobile number for direct contact.
(4) An annual registration fee in an amount set by the City Commission, per property, shall accompany the registration.
(5) This section shall also apply to properties that have been the subject of a foreclosure sale, where the title was transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
(6) Properties subject to this section shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.
(7) Any person or corporation that has registered a property under this section must report any change of information contained in the registration within ten (10) days of the change.
(j) Maintenance requirements.
(1) In addition to the complying with the City's Property Maintenance Code, properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk,
debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items included, but not
limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
(2) The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.
(3) Front, side and rear yard landscaping shall be maintained in accordance with the City's
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Code of Ordinances at the time registration was required.
(4) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically
for residential installation. Landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.
(5) Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required landscape and removal of all trimmings.
(6) Pools and spas shall be maintained so the water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of this code and the
Florida Building Code, as amended from time to time.
(7) Failure of the mortgagee and/or property owner of record to properly maintain the property may result in a violation of this code and issuance of a citation or notice of violation/notice
of hearing by a City Code Compliance Officer. Pursuant to a finding and determination by the City's Code Compliance Board, the City may take the necessary action to ensure compliance
with this section.
(k) Security requirements.
(1) Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
(2) A secure manner shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior
of the property and/or structure. Broken windows shall be secured by re glazing.
(3) A local property management company shall be contracted to perform bi weekly inspections to verify compliance with the requirements of this section, and any other applicable laws.
(4) The property shall be posted with the name and twenty four (24) hour contact phone number of the local property management company. The posting shall be no less than an eight inch by ten inch
sign. The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
(Name of property management company)
TO REPORT PROBLEMS OR CONCERNS CALL:
(Telephone number of property management company)
The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible, or secured to the exterior of the building/structure facing the
street to the front of the property so it is visible, or if no such area exists, on a stake of sufficient size to support the posting in a location as close as possible to the main door
entrance of the property. Exterior posting shall be constructed of and printed with weather resistant materials.
(5) The local property management company shall inspect the property on a bi weekly basis to ensure that the property is in compliance with this section. Upon the request of the City
or its authorized representative, the local property management company shall provide a copy of the inspection reports to the Code Compliance Department.
(6) Failure of the mortgagee and/or property owner of record to properly maintain the
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Garbage, Trash and Offensive Conditions 18E
property may result in a violation of this code and issuance of a citation or notice of violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and determination
by the City's Code Compliance Board, the City may take the necessary action to ensure compliance with this section.
(l) Opposing, obstructing enforcement officer; penalty. Whoever opposes, obstructs or resists any City officer or any person authorized by the City in the discharge of duties as provided
in this section, shall, upon conviction, be punished as provided herein.
(m) Immunity of Code Compliance Officer. Any Code Compliance Officer, or any person authorized by the City to act pursuant to the City's Code of Ordinances or state law, shall be immune
from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section.
(n) Additional authority. The City's Code Compliance Administrator, his/her designee, or the City's authorized representative shall have authority to require the mortgagee and/or owner
of record of any property affected by this section, to implement additional maintenance and/or security measures, including but not limited to, securing any and all doors, windows or
other openings, employment of an on site security guard, or other measures as may be reasonably required to help prevent further decline of the property.
(o) Adoption of rules; expenditure of funds; declaration of municipal purpose. The City Manager, consistent with his/her duties and authorities under the City Charter, including those
duties and authorities relating to emergency situations, is authorized and empowered to adopt rules and regulations and expend City funds as may be reasonably necessary and available
to carry out the terms of this section, the
expenditure of such funds being declared a proper municipal purpose.
(Ord. No. 09 040, ( 2, 9 14 09; Ord. No. 15 001, ( 2, 2 3 15)
Sec. 10 52. Storing, parking, or leaving wrecked or inoperable motor vehicles on private property 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 ten (10) days, as set forth in subparagraph (c) of this section. 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:
(1) Any motor vehicle which is completely enclosed within a building, or unless it is held in connection with a business enterprise lawfully licensed by the City for the servicing and
repair of such vehicles and properly operated in an appropriate business zone pursuant to the zoning ordinances of the City;
(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.
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(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 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 officer).
Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) 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
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Garbage, Trash and Offensive Conditions 19
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 correct the condition or file a written petition with the City Manager or the designee for a hearing as provided in Section 10-7
of the City's Code of Ordinances, which hearing shall be held no later than ten (10) days after the date the petition is received by the City Manager.
(d) Procedures:
(1) Hearing. The issues to be determined at the said hearing are whether the conditions creating a nuisance, do in fact exist; why the conditions should not be abated by the City at
the expense of the owner; 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 no more than seven
(7) days from the date of the hearing to correct or remove the conditions, after such time, the City shall have the right to have the conditions abated at the expense of the property
owner.
(2) Removal. If the owner or other interested person 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 for the City's abatement costs is not received within thirty (30) days after the filing 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 cost of the work, including inspection and administration cost, plus interest at the rate of eight per cent (8%) per annum, plus reasonable attorney fees and other costs of collecting
said sums without further hearing. If, at the end of seven (7) days after posting or mailing 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.
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 interested parties. 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)
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20 Boynton Beach Code
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:
a. Year, make, model, and serial number of the motor vehicle.
b. The name and address of the last known registered owner of the motor vehicle, if available.
c. The vehicle registration number and the title registration number of the motor vehicle if available.
d. The date on which the motor vehicle was removed.
e. The location from which the motor vehicle was removed.
f. The location in which the motor vehicle is being stored or in the alternative a number to contact.
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
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; Ord. No. 04-030, ( 2, 5-18-04; Ord. No. 14 001, ( 2, 2 4 14)
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 retained by the City pursuant
to the City's procurement policies and procedures.
(Ord. No. 87 2, ( 2, 2 3 87; Ord. No. 04-030, ( 2, 5 18-04)
ARTICLE IV. PROPERTY
MAINTENANCE REQUIREMENTS
Sec. 10 54. Rules.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code have the meanings shown in this section.
(1) Interchangeability. Words stated in the present tense include the future; words
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Garbage, Trash and Offensive Conditions 21
stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
(2) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(3) Parts. Whenever the words (dwelling unit,( (dwelling,( (premises,( (building,( (rooming house,( (rooming unit( (housekeeping unit( or (story( are stated in this code, they shall
be construed as though they were followed by the words (or any part thereof.(
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 55. Definitions.
As used in this article:
Approved: Approved by the City Manager or designee.
Basement: That portion of a building which is partly or completely below grade.
Bathroom: A room containing plumbing fixtures including a bathtub or shower.
Bedroom: Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
Condemn: To adjudge unfit for occupancy.
Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Easement: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the
property. The easement shall be permitted to be for use under, on, or above a said lot or lots.
Exterior property: The open space of the premises and on adjoining property under the control of owners or operators of such premises.
Extermination: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food;
by poison spraying, fumigating, and trapping or by any other approved pest elimination methods.
Garbage: The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Guard: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking
surface to a lower level.
Habitable space: Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered
habitable spaces.
Housekeeping unit: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking, and eating which does not contain, within
such a unit, a toilet, lavatory and bathtub or shower.
Imminent danger: A condition which could cause serious or life threatening injury or death at any time.
Infestation: The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
Inoperable motor vehicle: A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair,
or incapable of being moved under its own power.
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Labeled: Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection
agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and by whose label the manufacturer attests
to compliance with applicable nationally recognized standards.
Let for occupancy or let: To permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not
the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
Occupancy: The purpose for which a building or portion thereof is utilized or occupied.
Occupant: Any individual living or sleeping in a building, or having possession of a space within a building.
Openable area: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care, or control of a structure or premises which is let or offered for occupancy.
Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a court.
Person: An individual, corporation, partnership or any other group acting as a unit.
Premises: A lot, plot, or parcel of land, easement, or public way, including any structures thereon.
Public way: Any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the
public for public use.
Rooming house: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one or two family dwelling.
Rooming unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
Rubbish: Combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
Sleeping unit: A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms
and spaces that are also part of a dwelling unit are not sleeping units.
Structure: That which is built or constructed or a portion thereof.
Tenant: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
Toilet room: A room containing a water closet or urinal but not a bathtub or shower.
Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
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Garbage, Trash and Offensive Conditions 23
Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
Yard: An open space on the same lot with a structure.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 56. General requirements.
(a) General.
(1) Applicability. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property
located within the city.
(2) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. A person shall not occupy as owner occupant
or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a dwelling unit,
rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises, which
they occupy and control.
(3) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as
not to cause a blighting problem or adversely affect the public health or safety.
(b) Exterior property areas.
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupant
shall keep that part of the exterior property, which such occupant occupies or controls in a clean and sanitary condition.
(2) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon.
Exception: Approved retention areas and reservoirs, or within any structure located thereon.
(3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
conditions.
(4) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, plants, and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers, gardens, and yards certified by the Florida Yards
and Neighborhoods program.
(5) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved
processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re infestation.
(6) Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly
upon abutting or adjacent public or private property or that of another tenant.
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(7) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(8) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing
thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(c) Swimming pools, spas, and hot tubs.
(1) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(2) Enclosures. Private swimming pools, hot tubs, and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches
(1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self closing and self latching.
Where the self latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the poolside of the gate. Self closing and self latching
gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall
be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(d) Exterior structure.
(1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety, or welfare.
(2) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay resistant woods shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors,
and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization
by oxidation are exempt from this requirement.
(3) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall have a minimum stroke width of 0.5 inch (12.7 mm) and shall
be a minimum of 4 inches (102 mm) high for single family units, 4 inches (102 mm) high at front and rear entrances for multi family units, and 6 inches (153 mm) for commercial units.
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Garbage, Trash and Offensive Conditions 25
(4) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(5) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and
other pests.
(6) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials, and maintained weatherproof and properly surface coated where required to prevent
deterioration.
(7) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance.
(8) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage
and in a safe condition.
(9) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained
in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(10) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appearances attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed loads.
(11) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces
of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(12) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(13) Window, skylight and door frames. Every window, skylight, door, and frame shall be kept in sound condition, good repair, and weather tight.
a. Glazing. All glazing materials shall be maintained free from cracks and holes.
b. Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(14) Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh
per inch (16 mesh per 25 mm), and
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every screen door used for insect control shall have a self closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(15) Doors. All exterior doors, door assemblies, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure
the door. Locks on means of egress doors shall be in accordance with Section 10 60(b)(3).
(16) Basement and crawl space hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain, and surface drainage water.
(17) Guards for basement and crawl space windows and vents. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection
against the entry of rodents.
(18) Building security. Doors, windows, or hatchways for dwelling units, room units, or housekeeping units shall be provided with devices designed to provide security for the occupants
and property within.
a. Doors. Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be equipped with a deadbolt lock designed to be readily openable
from the side from which egress is to be made without the need for keys, special knowledge, or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks
shall be installed according to the
manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
b. Windows. Operable windows located in whole or in part within six feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit
or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
(e) Interior structure.
(1) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound, and in a sanitary condition. Occupants shall keep that part of
the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping unit, a hotel, a dormitory, two or more
dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(2) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
(3) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, flaking, or abraded paint shall
be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
(4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck, or other walking surface shall be maintained in sound condition and good repair.
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(5) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(6) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers,
or tracks as intended by the manufacturer of the attachment hardware.
(f) Handrails and guardrails.
(1) General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony,
porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm)
high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less
than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the Florida Building code.
(g) Rubbish and garbage.
(1) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
(2) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
a. Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned, or stored on premises without first removing the doors.
(3) Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved
garbage containers.
a. Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in
the structure available to the occupants in each dwelling unit; or an approved leak proof, covered, outside garbage container.
b. Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close fitting covers
for the storage of such materials until removed from the premises for disposal.
(h) Extermination.
(1) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved
processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re infestation.
(2) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
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(3) Single occupant. The occupant of a one family dwelling or of a single tenant nonresidential structure shall be responsible for extermination on the premises.
(4) Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination
in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant
shall be responsible for extermination.
(5) Occupant. The occupant of any structure shall be responsible for the continued rodent and pest free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 57. Light, ventilation and occupancy limitations.
(a) General.
(1) Scope. The provisions of this section shall govern the minimum conditions and standards for light, ventilation, and space for occupying a structure.
(2) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as
owner occupant, or permit another person to occupy, any premises that do not comply with the requirements of this section.
(3) Alternative devices. In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted.
(b) Light.
(1) Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable
space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914
mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included
as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least
8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The exterior glazing area shall be based on the total floor area being served.
(2) Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one and two family dwellings, shall be lighted at all times with at least a
60 watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than
30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by
the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.
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(3) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space
and utilization of the appliances, equipment, and fixtures.
(c) Ventilation.
(1) Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum
glazed area required in Section 10 57(b)(1).
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the
floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required above, except that a window shall not be
required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors
and shall not be recirculated.
(3) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance
shall not be permitted to be present in the rooming unit or dormitory unit.
Exceptions:
(a) Cooking facilities may be located in a room otherwise prohibited by this
section where the Building Official specifically approves such a location in writing.
(b) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
(4) Process ventilation. Where injurious, toxic, irritating, or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the
contaminating agent at the source. Air shall be exhausted to the exterior and not be re circulated to any space.
(5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.
(d) Occupancy limitations.
(1) Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(2) Size of dwelling unit. The total square footage of all habitable rooms in a dwelling unit shall be no less than 150 square feet of floor area for the first occupant, and 100 square
feet of floor area for each additional occupant.
Exception: Dwelling units shall contain a greater floor area if required by the applicable building or zoning code provisions.
(3) Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less
than three feet (914 mm) between counter fronts and appliances or counter fronts and walls.
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(4) Every sleeping room for one occupant shall have no less than 70 square feet of floor space, or 50 square feet of floor space per occupant, whichever is greater.
(5) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less
than seven feet (2134 mm).
Exceptions:
a. In one and two family dwellings, beams, or girders spaced not less than four feet (1219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height.
b. Basement rooms in one and two family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2033
mm) with not less than six feet four inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
c. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2134
mm) over not less than one third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of
five feet (1524 mm) or more shall be included.
(6) Bedroom and living room requirements. Every bedroom and living room shall comply with the following requirements:
a. Room area. Every living room shall contain at least 120 square feet (1 1.2 m2) and every bedroom shall contain at least 70 square feet (6.5 m2).
b. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable
spaces.
Exception: This provision shall not apply to units that contain fewer than two bedrooms.
c. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit
shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
d. Prohibited occupancy. Kitchens and non habitable spaces shall not be used for sleeping purposes.
e. Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width
requirements of this section; the plumbing facilities and water heating facilities requirements of Section 4, the heating facilities and electrical receptacle requirements of Section
5; and the smoke detector and emergency escape requirements of Section 6.
(7) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
a. A unit occupied by not more than two occupants shall have a clear floor area
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of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be
exclusive of the areas required by Items (d)(2) and (d)(3) above.
b. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light
and ventilation conforming to this code shall be provided.
c. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
d. The maximum number of occupants shall be three.
(8) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There
shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 58. Plumbing facilities and fixture requirements.
(a) General.
(l) Scope. The provisions of this section shall govern the minimum plumbing systems, facilities, and plumbing fixtures to be provided.
(2) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A
person shall not occupy as owner occupant or permit another person to occupy any
structure or premises which does not comply with the requirements of this section.
(b) Required facilities.
(1) Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet, and kitchen sink which shall be maintained in a sanitary, safe working condition.
The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen
sink shall not be used as a substitute for the required lavatory.
(2) Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
(3) Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be
provided for each ten occupants.
(4) Employees' facilities. A minimum of one water closet, one lavatory, and one drinking facility shall be available to employees.
a. Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities
shall not be located in toilet rooms or bathrooms.
(c) Toilet rooms.
(1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device
shall be provided for all common or
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shared bathrooms and toilet rooms in a multiple dwelling.
(2) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs
and shall have access from a common hall or passageway.
(3) Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than
one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate
facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not
exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
(4) Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth hard, nonabsorbent surface to permit such floor to be easily kept in a clean
and sanitary condition.
(d) Plumbing systems and fixtures.
(1) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing
the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
(2) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
(3) Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate
venting, cross connection, back siphonage, improper installation, deterioration, or damage or for similar reasons, the Building Official shall require the defects to be corrected to
eliminate the hazard.
(e) Water system.
(1) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with
the Florida Building Code, Plumbing.
(2) Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture.
Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric type vacuum breaker
or an approved permanently attached hose connection vacuum breaker.
(3) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures
adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
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(4) Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink,
lavatory, bathtub, shower, and laundry facility at a temperature of not less than 110(F (43(C). A gas burning water heater shall not be located in any bathroom, toilet room, bedroom
or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe
shall be properly installed and maintained on water heaters.
(f) Sanitary drainage system.
(1) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(2) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
(g) Storm drainage.
(1) General. Drainage of roofs and paved areas, yards and courts and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 59. Mechanical and electrical requirements.
(a) General.
(1) Scope. The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to be provided.
(2) Responsibility. The owner of the structure shall provide and maintain mechanical and
electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner occupant or permit another person to occupy any premises which does not
comply with the requirements of this section.
(b) Reserved.
(c) Mechanical equipment.
(1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained
in a safe working condition, and shall be capable of performing the intended function.
(2) Removal of combustion products. All fuel burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: This provision shall not apply to fuel burning equipment and appliances which are labeled for unvented operation.
(3) Clearances. All required clearances to combustible materials shall be maintained.
(4) Safety controls. All safety controls for fuel burning equipment shall be maintained in effective operation.
(5) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel burning equipment shall be provided for the fuel burning
equipment.
(6) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel burning appliance, to the fuel supply line thereto, or to the vent outlet or vent
piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
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(d) Electrical facilities.
(1) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section.
(2) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the NFPA 70 National Electrical
Code. Dwelling units shall be served by a three wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes.
(3) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper
fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Building Official shall require the defects
to be corrected to eliminate the hazard.
(e) Electrical equipment.
(1) Installation. All electrical equipment, wiring, and appliances shall be properly installed and maintained in a safe and approved manner.
(2) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded type receptacle
or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter
protection.
(3) Luminaries. Every public hall, interior stairway, toilet room, kitchen, bathroom,
laundry room, boiler room, and furnace room shall contain at least one electric luminaire.
(f) Elevators, escalators and dumbwaiters.
(1) General. Elevators, dumbwaiters, and escalators shall be maintained in compliance with Florida statutes and ASME A17.1. The most current certification of inspection shall be on display
at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection
and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
(2) Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
(g) Duct systems.
(1) General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 60 Fire safety requirements.
(a) General.
(1) Scope. The provisions of this section shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities
and equipment to be provided.
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(2) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as
owner occupant or permit another person to occupy any premises that do not comply with the requirements of this section.
(b) Means of egress.
(1) General. A safe, continuous, and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the
Florida Fire Prevention Code.
(2) Aisles. The required width of aisles in accordance with the Florida Fire Prevention Code shall be unobstructed.
(3) Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or effort, except where
the door hardware conforms to that permitted by the Florida Building Code.
(4) Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency
escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over
emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable
or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
(c) Fire resistance ratings.
(1) Fire resistance rated assemblies. The required fire resistance rating, of fire resistance rated walls, fire stops, shaft enclosures, partitions, and floors shall be maintained.
(2) Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in operable condition. Fire doors
and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
(d) Fire protection systems.
(1) General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition
at all times in accordance with the Florida Fire Prevention Code.
(2) Smoke alarms. Single or multiple station smoke alarms shall be installed and maintained in all multi unit dwellings regardless of occupant load at all of the following, locations:
a. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
b. In each room used for sleeping purposes.
c. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and
without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice
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for the adjacent lower level provided that the lower level is less than one full story below the upper level.
Single or multiple station smoke alarms shall be installed in other groups in accordance with the Florida Fire Prevention Code.
(3) Power source. In all multi unit dwellings, single station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial
source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than
as required for over current protection.
Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and
in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic,
crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
(4) Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R 2, R 3, R 4 and in dwellings not regulated as Group R occupancies,
the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible
in all bedrooms over background noise levels with all intervening doors closed.
Exceptions: Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. Smoke alarms in existing areas are not required
to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement
available which could provide access for interconnection without the removal of interior finishes.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 61. Penalties.
Any person convicted of the violation of any of the terms or provisions of this article or any code, requirements, or standards adopted hereby shall be subject to penalties as provided
in Chapter 1, Section 1 6 of the City of Boynton Beach Code of Ordinances. In addition, the city may use any equitable or legal remedy available at law to enforce any violation of the
terms or provisions of the City's Code of Ordinances. If any person commences any work on a building, structure, plumbing, mechanical, or gas system before obtaining the necessary permit,
he or she shall be subject to a penalty of four times the established permit fee. The Director of Development may allow a waiver of the penalty fee, in whole or in part, when such waiver
is supported by the circumstances that apply to the specific instance of imposing a penalty fee, and does not violate the best interests of the city.
(Ord. No. 08-031, ( 3, 11-18-08)
Sec. 10 62. Referenced standards.
This section lists the standards that are referenced in various section of this article. The standards are listed herein by the promulgating agency of the standard, the standard identification,
the effective date, title, and the section(s) of this document that reference the standards.
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ASME
American Society of Mechanical Engineers
Three Park Avenue
New York, NY 10016-5990
Standard Reference
Title
A17.1-2000
Safety Code of Elevators and Escalators with A17.1a 200d Addend
ASTM
ASTM International
100 Barr Harbour Drive
West Conshohocken, PA 19428-2959
Standard Reference
Title
F1346-91 (2003)
Performance Specification for Safety Covers and Labeling Requirements for all Covers for Swimming Pools, Spas, and Hot Tubs
Florida Codes
Florida Building Commission
c/o Florida Department of Community Affairs
Building Codes and Standards
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 2100
Standard Reference
Title
Florida Building Code, Building
Florida Building Code, Residential
Florida Building Code, Plumbing
Florida Building Code, Mechanical
Florida Building Code, Fuel Gas
Florida Building Code, Existing Building
Florida Fire Prevention Code
NFPA
National Fire Protection Association
Batterymarch Park
Quincy, MA 02269
(Ord. No. 08-031, ( 3, 11-18-08)
2009 S-32
38 Boynton Beach Code