18-009 1 - ORDINANCE NO. 18-009
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 15, ARTICLE VIII,
5 "CHRONIC NUISANCE PROPERTY CODE"; PROVIDING FOR
6 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
7 EFFECTIVE DATE.
8
9 WHEREAS, on June 6, 2017 the City Commission repealed and replaced Ord. No.
10 06-096,§ 2,adopted January 2, 2007, replaced it with Ord. 17- 012,§§ 1-7,and renamed
11 it the Chronic Nuisance Property Code; and
12 WHEREAS, following implementation of the Chronic Nuisance Property Code, City
13 staff identified elements which needed clarification; and
14 WHEREAS,the City Commission, deems it appropriate and in the best interests of
15 the health, safety and welfare of the citizens and residents of the City of Boynton Beach to
16 amend the Chronic Nuisance Property Code.
17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
18 OF BOYNTON BEACH, FLORIDA,THAT:
19 Section 1. The foregoing "Whereas" clauses are true and correct and
20 incorporated herein by this reference.
21 Section 2. Article VIII, of Chapter 15 of the City's Code of Ordinances is hereby
22 amended as follows:
23 Section 15-112 Definitions
24 £. 'I ,. A e . • . • e. -e • • e 'et . ► , • . A :- . . -nt
25 • . • - . - -- -
26 the own- ' : . . - - • _ . .. . . . - • : - -- - - • . .
27 owner.-
28 (ha) Chronic nuisance property.A property on which one or more continuing nuisance
29 activities occurs or re-occurs.
30 (€b) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or
31 mitigate a nuisance condition that threatens public health, safety, or welfare.
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32 (c) Corrective Action Plan. A plan prepared by the City, incorporated in the
33 Nuisance Abatement Agreement, and agreed to by the owner to address and
34 eliminate nuisance activit on the owner's roter b: the im:a lementation of
35 proactive steps by the property owner.
36 (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the
37 following violations, whenever engaged in by the property owner, operator, agent,
38 tenant, or invitee of the property owner, operator, agent or tenant:
39 . . .
40 26.Two (2) or more calls for service within a period of thirty (30) calendar days to
41 the same property for police, fire, medic, or other emergency personnel, or other
42 City personnel to assist an individual who displays the symptoms of an overdose4
43 of a controlled substance.
44 (e) Nuisance Abatement Agreement.An agreement entered into between the City and
45 property owner that contains an "Action PlanCorrective Action Plan" to be
46 implemented by the property
47 owner to address and abate the nuisance activity.
48 . . .
49 (h) Pattern of nuisance activity. Real property shall be deemed to exhibit a pattern of
50 nuisance activity when:
51 (1) The police departmcntCity has responded to three or more nuisance activities at
52 the property within 30 days; or
53 (2) The police departmcntCity has responded to seven or more nuisance activities at
54 the property within six months; or
55 . . .
56
57
58
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59 Section 15-113 Construction and application.
60 (a) Pattern of nuisance activity will not be construed to include:
61 (1) A nuisance activity where the property owner, operator, agent,tenant, or invitee
62 of the property owner, agent or tenant is the victim of a crime; or
63 (2) A complaint or call for service to which the police departmentCity responded and
64 determined that no violation was committed.
65 (3) A Domestic violence call.
66 Section 15414 Separate occurrences.
67 (a) For purposes of this article, each daytime (instance) that the police
68 departmentCity responds to a nuisance activity at the property shall be a separate
69 occurrence.
70 Section 15-115 Declaration of Chronic Nuisance; Corrective Action
71 Plan
72 . . .
73 (c) A Nuisance Abatement Agreement shall set forth a Action PlanCorrective Action Plan
74 with specific measures that the property owner must take to curtail or eliminate the
75 re-occurrence of nuisance activities at the property. The Nuisance Abatement
76 Agreement shall contain a timetable for corrective action. The Action PlanCorrective
77 Action Plan may include abatement measures which must be taken by the property
78 owner such as:
79 (1) Commencement of an eviction action by the property owner pursuant to Chapter
so 83 Florida Statutes to remove from the property those individuals engaged in the
81 nuisance activity;
82 (2) Implementation of "crime prevention through environmental design" (CPTED)
83 measures;
84 (3) Frequency of site visits and inspections by the owner or owner's agents at various
85 times of both day and night;
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86 (4) Hiring of property management;
87 (5) Hiring of private security;
88 (6) Installation of security cameras;
89 (7) Use of a written lease agreement which delineates prohibited tenant or tenant
90 invitee conduct;
91 (8) Criminal background checks for prospective tenants and lease renewals;
92 (9) Posting oft-The Operator must post "no trespassing" signs at the property and
93 cxecutionexecute of a "no trespass affidavit" authorizing the police department
94 to act as an agent of the property owner to enforce trespass statutes on the
95 property;
96 (10) RegularThe Operator must make regular requests to the police and fire
97 departments for offense and incident reports relating to the property. Reports
98 are available through the • .- : • • :: • - •' -- records
99 division;
•
100 (11) Written documentation of any and all efforts to curtail or eliminate the re-
101 occurrence of nuisance activities on the property;
102 (12) Other action that the City determines is reasonably sufficient to curtail or
103 eliminate the re-occurrence of nuisance activities on the property.
104 . . .
105 (g) If the City determines during the monitoring period that the Action PlanCorrective
106 Action Plan is not adequate to curtail or eliminate the re-occurrence of nuisance
107 activities on the property, the City may require the property owner to revise the
108 Action PlanCorrective Action Plan. The determination as to whether or not the
109 monitoring period Corrective Action Plan is adequate is in the sole and exclusive
110 discretion of the City, based on the totality of the circumstances for the specific
111 property.
112
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113 Section 15-116 Refusal To Sign or Violation of Agreement.
114 . . .
115 (b) A request for hearing shall be filed by the Director of Community Standards or
116 designee with the City within 15 days from the deadline for entry into a Nuisance
117 Abatement Agreement or the violation of a provision of the Agreement or Action
118 -PlanCorrective Action Plan.
119 (c) The City shall schedule a hearing before the City's Special Magistrate. The hearing
120 shall be limited to the review of the record or evidence upon which the City based the
121 Declaration of Chronic Nuisance or the failure by the property owner implement the
122 Agreement/Action PlanCorrective Action Plan and any rebuttal offered by the
123 property owner. All testimony shall be under oath and the City and property owner
124 shall be afforded the opportunity to call or cross-exam any witness.
125 (f) After hearing the testimony and evidence, the Special Magistrate shall either uphold
126 or reject (i) the City's Declaration of Chronic Nuisance or (ii) the notice of violation
127 regarding the Action PlanCorrective Action Plan, as appropriate.
128 . . .
129 Section 15-117.5 Change in title to chronic nuisance property.
130 (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a
131 chronic nuisance property at judicial sale upon final judgment of foreclosure shall
132 provide the City with an Action PlanCorrective Action Plan and implement an Action
133 PlanCorrective Action Plan no later than 45 days from the date of sale.
134 (b) Receivership. Every trustee of a chronic nuisance property appointed after the entry
135 of a chronic nuisance service order shall provide the City with an Action
136 Pl-anCorrective Action Plan and implement the Action PlanCorrective Action Plan no
137 later than 45 days from the date of appointment of receiver in any state or federal
138 action at law.
139 (c) Probate. Every personal representative of an owner of a chronic nuisance property
140 shall provide the City with an Action PlanCorrective Action Plan and implement an
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141 Action PlanCorrective Action Plan no later than 45 days from the date of appointment.
142 If the owner of the chronic nuisance property died intestate, beneficiaries of the
143 estate shall be required to provide the City with an Action PlanCorrective Action Plan
144 and implement an Action PlanCorrective Action Plan.
145 (d) Other changes in title to chronic nuisance property. An arms-length purchaser of a
146 chronic nuisance property that has purchased the property after entry of a chronic
147 nuisance service order for the property shall have 45 days from the date of closing or
148 recording of the order, whichever occurs last, to provide the City with a proposal to
149 release or modify a Nuisance Abatement Agreement or Action PlanCorrective Action
150 Plan. Until such time as the City agrees to release or modify an Agreement, the
151 Agreement shall be enforceable as provided herein.
152 . . .
153 Section 3. City Staff is authorized to take all steps necessary to effectuate the
154 intent of this ordinance.
155 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
156 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
157 conflict.
158 Section 5. Should any section or provision of this Ordinance or any portion
159 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
160 not affect the remainder of this Ordinance.
161 Section 6. It is the intention of the City Commission of the City of Boynton
162 Beach that the provisions of this Ordinance shall become and be made a part of the Code
163 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may
164 be renumbered, re-lettered and the word "Ordinance" may be changed to "Section",
165 "Article" or such other word or phrase in order to accomplish such intention.
166 Section 7. This Ordinance shall become effective upon adoption.
167
168 FIRST READING this/9 day of 4t44-4.- , 2018.
169 Ii
170
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171 SECOND, FINAL READING AND PASSAGE this /9 i day of ,2018.
172
173 CITY OF BOYNTON BEACH, FLORIDA •
174
175 YES NO
176
177 Mayor- Steven B. Grant
178
179 Vice-Mayor- Christina L. Romelus
180
181 Commissioner - Mack McCray
182
183 Commissioner-Justin Katz
184
185 Commissioner-Joe Casello /
186
187
188 VOTE
189 ATTEST:
190
191
192
193 Jud/6 A. Pyle, CMC /1
194 Cif Clerk
195
196
197
198 (Corporate Seal) •
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